State of Illinois
91st General Assembly
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Public Act 91-0332

HB2257 Enrolled                                LRB9104020REPk

    AN ACT to  amend  the  Juvenile  Court  Act  of  1987  by
changing Section 5-615.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Juvenile Court Act of 1987 is amended  by
changing Section 5-615 as follows:

    (705 ILCS 405/5-615)
    Sec. 5-615.  Continuance under supervision.
    (1)  The  court  may  enter an order of continuance under
supervision for an offense other than first degree murder,  a
Class  X felony or a forcible felony (a) upon an admission or
stipulation by the appropriate respondent or minor respondent
of the facts supporting the petition and before proceeding to
adjudication, or after hearing the evidence at the trial, and
(b) in the absence of objection made in  open  court  by  the
minor,  his  or her parent, guardian, or legal custodian, the
minor's attorney or the State's Attorney.
    (2)  If the minor, his or her parent, guardian, or  legal
custodian,  the  minor's attorney or State's Attorney objects
in open court to any continuance and insists upon  proceeding
to findings and adjudication, the court shall so proceed.
    (3)  Nothing  in  this  Section  limits  the power of the
court  to  order  a  continuance  of  the  hearing  for   the
production  of  additional  evidence  or for any other proper
reason.
    (4)  When a hearing where a minor  is  alleged  to  be  a
delinquent  is continued pursuant to this Section, the period
of continuance under supervision may not  exceed  24  months.
The  court  may  terminate a continuance under supervision at
any time if warranted by the conduct of  the  minor  and  the
ends of justice.
    (5)  When  a  hearing  where  a  minor  is  alleged to be
delinquent is continued pursuant to this Section,  the  court
may,  as  conditions  of  the  continuance under supervision,
require the minor to do any of the following:
         (a)  not  violate  any  criminal  statute   of   any
    jurisdiction;
         (b)  make  a  report  to and appear in person before
    any person or agency as directed by the court;
         (c)  work or pursue a course of study or  vocational
    training;
         (d)  undergo  medical or psychotherapeutic treatment
    rendered by a therapist licensed under the provisions  of
    the   Medical   Practice   Act  of  1987,   the  Clinical
    Psychologist Licensing Act, or the Clinical  Social  Work
    and  Social  Work  Practice Act, or an entity licensed by
    the Department of Human Services as a  successor  to  the
    Department  of  Alcoholism  and  Substance Abuse, for the
    provision of drug addiction and alcoholism treatment;
         (e)  attend or reside in a facility established  for
    the instruction or residence of persons on probation;
         (f)  support his or her dependents, if any;
         (g)  pay costs;
         (h)  refrain  from  possessing  a  firearm  or other
    dangerous weapon, or an automobile;
         (i)  permit the probation officer to  visit  him  or
    her at his or her home or elsewhere;
         (j)  reside  with  his or her parents or in a foster
    home;
         (k)  attend school;
         (l)  attend a non-residential program for youth;
         (m)  contribute to his or her own support at home or
    in a foster home;
         (n)  perform some  reasonable  public  or  community
    service;
         (o)  make  restitution  to  the  victim, in the same
    manner and under  the  same  conditions  as  provided  in
    subsection   (4)   of  Section  5-710,  except  that  the
    "sentencing hearing" referred to in that Section shall be
    the adjudicatory hearing for purposes of this Section;
         (p)  comply with curfew requirements  as  designated
    by the court;
         (q)  refrain   from   entering   into  a  designated
    geographic area except upon  terms  as  the  court  finds
    appropriate.   The terms may include consideration of the
    purpose of the entry, the  time  of  day,  other  persons
    accompanying   the  minor,  and  advance  approval  by  a
    probation officer;
         (r)  refrain from having any  contact,  directly  or
    indirectly,  with certain specified persons or particular
    types of persons, including but not limited to members of
    street gangs and drug users or dealers;
         (s)  refrain from having in  his  or  her  body  the
    presence  of  any illicit drug prohibited by the Cannabis
    Control Act or the Illinois  Controlled  Substances  Act,
    unless  prescribed  by a physician, and submit samples of
    his or her blood or urine or both for tests to  determine
    the presence of any illicit drug;  or
         (t)  comply  with  any  other  conditions  as may be
    ordered by the court.
    (6)  A minor whose case is  continued  under  supervision
under  subsection  (5)  shall  be given a certificate setting
forth the conditions imposed by the court.  Those  conditions
may  be reduced, enlarged, or modified by the court on motion
of the probation officer or on its own motion, or that of the
State's Attorney, or, at  the  request  of  the  minor  after
notice and hearing.
    (7)  If  a  petition  is  filed charging a violation of a
condition of the continuance  under  supervision,  the  court
shall conduct a hearing.  If the court finds that a condition
of  supervision has not been fulfilled, the court may proceed
to findings and adjudication and disposition.  The filing  of
a  petition  for  violation of a condition of the continuance
under supervision shall toll the period of continuance  under
supervision  until the final determination of the charge, and
the term of the continuance under supervision shall  not  run
until  the  hearing  and  disposition  of  the  petition  for
violation;   provided where the petition alleges conduct that
does not constitute a criminal offense, the hearing  must  be
held  within  30  days of the filing of the petition unless a
delay shall continue the tolling of the period of continuance
under supervision for the period of the delay.
    (8)  When a hearing in which a minor is alleged to  be  a
delinquent  for  reasons  that include a violation of Section
21-1.3 of the Criminal Code of 1961 is continued  under  this
Section,  the  court shall, as a condition of the continuance
under supervision, require the  minor  to  perform  community
service  for not less than 30 and not more than 120 hours, if
community service is  available  in  the  jurisdiction.   The
community  service shall include, but need not be limited to,
the cleanup and repair of the damage that was caused  by  the
alleged  violation  or  similar damage to property located in
the municipality or county in  which  the  alleged  violation
occurred.   The  condition  may  be  in addition to any other
condition.
    (9)  When a hearing in which a minor is alleged to  be  a
delinquent is continued under this Section, the court, before
continuing the case, shall make a finding whether the offense
alleged to have been committed either:  (i) was related to or
in  furtherance of the activities of an organized gang or was
motivated by the minor's membership in or  allegiance  to  an
organized  gang,  or (ii) is a violation of paragraph (13) of
subsection (a) of Section 12-2 of the Criminal Code of  1961,
a violation of any Section of Article 24 of the Criminal Code
of  1961,  or  a  violation  of any statute that involved the
unlawful use of a  firearm.   If  the  court  determines  the
question  in  the affirmative the court shall, as a condition
of the continuance under supervision and as  part  of  or  in
addition  to  any other condition of the supervision, require
the minor to perform community service for not less  than  30
hours  nor  more  than  120  hours,  provided  that community
service is available in the jurisdiction and  is  funded  and
approved  by the county board of the county where the offense
was committed.  The community service shall include, but need
not be limited to, the  cleanup  and  repair  of  any  damage
caused  by  an  alleged  violation  of  Section 21-1.3 of the
Criminal Code of 1961 and similar damage to property  located
in  the municipality or county in which the alleged violation
occurred.   When  possible  and  reasonable,  the   community
service  shall be performed in the minor's neighborhood.  For
the purposes  of  this  Section,  "organized  gang"  has  the
meaning  ascribed  to  it  in  Section  10  of  the  Illinois
Streetgang Terrorism Omnibus Prevention Act.
    (10)  The  court  shall  impose  upon  a  minor placed on
supervision, as a condition of the supervision, a fee of  $25
for  each  month  of supervision ordered by the court, unless
after determining  the  inability  of  the  minor  placed  on
supervision  to  pay  the  fee,  the  court assesses a lesser
amount.  The court may not impose the fee on a minor  who  is
made a ward of the State under this Act while the minor is in
placement.  The fee shall be imposed only upon a minor who is
actively  supervised  by  the  probation  and  court services
department.  A court may order the parent, guardian, or legal
custodian of the minor to pay some or all of the fee  on  the
minor's behalf.
(Source: P.A. 90-590, eff. 1-1-99.)
    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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