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Public Act 92-0329
SB1058 Enrolled LRB9203273RCdv
AN ACT in relation to probation and pretrial services
fees.
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 Sections 3-21, 3-24, 4-18, 4-21, and 5-305 as
follows:
(705 ILCS 405/3-21) (from Ch. 37, par. 803-21)
Sec. 3-21. Continuance under supervision. (1) The court
may enter an order of continuance under supervision (a) upon
an admission or stipulation by the appropriate respondent or
minor respondent of the facts supporting the petition and
before proceeding to findings and adjudication, or after
hearing the evidence at the adjudicatory hearing but before
noting in the minutes of proceedings a finding of whether or
not the minor is a person requiring authoritative
intervention; and (b) in the absence of objection made in
open court by the minor, his parent, guardian, custodian,
responsible relative, defense attorney or the State's
Attorney.
(2) If the minor, his parent, guardian, custodian,
responsible relative, defense attorney or State's Attorney,
objects in open court to any such 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
minor requiring authoritative intervention is continued
pursuant to this Section, the court may permit the minor to
remain in his home subject to such conditions concerning his
conduct and supervision as the court may require by order.
(5) 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 such
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 15 days of the filing of the
petition unless a delay in such hearing has been occasioned
by the minor, in which case the delay shall continue the
tolling of the period of continuance under supervision for
the period of such delay.
(6) The court must impose upon a minor under an order of
continuance under supervision or an order of disposition
under this Article III, as a condition of the order, a fee of
$25 for each month or partial month of supervision with a
probation officer. If the court determines the inability of
the minor, or the parent, guardian, or legal custodian of the
minor to pay the fee, the court may impose a lesser fee. The
court may not impose the fee on a minor who is made a ward of
the State under this Act. The fee may be imposed only upon a
minor who is actively supervised by the probation and court
services department. The fee must be collected by the clerk
of the circuit court. The clerk of the circuit court must
pay all monies collected from this fee to the county
treasurer for deposit into the probation and court services
fund under Section 15.1 of the Probation and Probation
Officers Act.
(Source: P.A. 85-601.)
(705 ILCS 405/3-24) (from Ch. 37, par. 803-24)
Sec. 3-24. Kinds of dispositional orders.
(1) The following kinds of orders of disposition may be
made in respect to wards of the court: A minor found to be
requiring authoritative intervention under Section 3-3 may be
(a) committed to the Department of Children and Family
Services, subject to Section 5 of the Children and Family
Services Act; (b) placed under supervision and released to
his or her parents, guardian or legal custodian; (c) placed
in accordance with Section 3-28 with or without also being
placed under supervision. Conditions of supervision may be
modified or terminated by the court if it deems that the best
interests of the minor and the public will be served thereby;
(d) ordered partially or completely emancipated in accordance
with the provisions of the Emancipation of Mature Minors Act;
or (e) subject to having his or her driver's license or
driving privilege suspended for such time as determined by
the Court but only until he or she attains 18 years of age.
(2) Any order of disposition may provide for protective
supervision under Section 3-25 and may include an order of
protection under Section 3-26.
(3) Unless the order of disposition expressly so
provides, it does not operate to close proceedings on the
pending petition, but is subject to modification until final
closing and discharge of the proceedings under Section 3-32.
(4) In addition to any other order of disposition, the
court may order any person found to be a minor requiring
authoritative intervention under Section 3-3 to make
restitution, in monetary or non-monetary form, under the
terms and conditions of Section 5-5-6 of the Unified Code of
Corrections, except that the "presentence hearing" referred
to therein shall be the dispositional hearing for purposes of
this Section. The parent, guardian or legal custodian of
the minor may pay some or all of such restitution on the
minor's behalf.
(5) Any order for disposition where the minor is
committed or placed in accordance with Section 3-28 shall
provide for the parents or guardian of the estate of such
minor to pay to the legal custodian or guardian of the person
of the minor such sums as are determined by the custodian or
guardian of the person of the minor as necessary for the
minor's needs. Such payments may not exceed the maximum
amounts provided for by Section 9.1 of the Children and
Family Services Act.
(6) Whenever the order of disposition requires the minor
to attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code.
(7) The court must impose upon a minor under an order of
continuance under supervision or an order of disposition
under this Article III, as a condition of the order, a fee of
$25 for each month or partial month of supervision with a
probation officer. If the court determines the inability of
the minor, or the parent, guardian, or legal custodian of the
minor to pay the fee, the court may impose a lesser fee. The
court may not impose the fee on a minor who is made a ward of
the State under this Act. The fee may be imposed only upon a
minor who is actively supervised by the probation and court
services department. The fee must be collected by the clerk
of the circuit court. The clerk of the circuit court must
pay all monies collected from this fee to the county
treasurer for deposit into the probation and court services
fund under Section 15.1 of the Probation and Probation
Officers Act.
(Source: P.A. 89-235, eff. 8-4-95; 90-590, eff. 1-1-99.)
(705 ILCS 405/4-18) (from Ch. 37, par. 804-18)
Sec. 4-18. Continuance under supervision. (1) The court
may enter an order of continuance under supervision (a) upon
an admission or stipulation by the appropriate respondent or
minor respondent of the facts supporting the petition and
before proceeding to findings and adjudication, or after
hearing the evidence at the adjudicatory hearing but before
noting in the minutes of the proceeding a finding of whether
or not the minor is an addict, and (b) in the absence of
objection made in open court by the minor, his parent,
guardian, custodian, responsible relative, defense attorney
or the State's Attorney.
(2) If the minor, his parent, guardian, custodian,
responsible relative, defense attorney or State's Attorney,
objects in open court to any such 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 is continued pursuant to this
Section, the court may permit the minor to remain in his home
subject to such conditions concerning his conduct and
supervision as the court may require by order.
(5) 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 such
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 15 days of the filing of the
petition unless a delay in such hearing has been occasioned
by the minor, in which case the delay shall continue the
tolling of the period of continuance under supervision for
the period of such delay.
(6) The court must impose upon a minor under an order of
continuance under supervision or an order of disposition
under this Article IV, as a condition of the order, a fee of
$25 for each month or partial month of supervision with a
probation officer. If the court determines the inability of
the minor, or the parent, guardian, or legal custodian of the
minor to pay the fee, the court may impose a lesser fee. The
court may not impose the fee on a minor who is made a ward of
the State under this Act. The fee may be imposed only upon a
minor who is actively supervised by the probation and court
services department. The fee must be collected by the clerk
of the circuit court. The clerk of the circuit court must
pay all monies collected from this fee to the county
treasurer for deposit into the probation and court services
fund under Section 15.1 of the Probation and Probation
Officers Act.
(Source: P.A. 85-601.)
(705 ILCS 405/4-21) (from Ch. 37, par. 804-21)
Sec. 4-21. Kinds of dispositional orders.
(1) A minor found to be addicted under Section 4-3 may
be (a) committed to the Department of Children and Family
Services, subject to Section 5 of the Children and Family
Services Act; (b) placed under supervision and released to
his or her parents, guardian or legal custodian; (c) placed
in accordance with Section 4-25 with or without also being
placed under supervision. Conditions of supervision may be
modified or terminated by the court if it deems that the best
interests of the minor and the public will be served thereby;
(d) required to attend an approved alcohol or drug abuse
treatment or counseling program on an inpatient or outpatient
basis instead of or in addition to the disposition otherwise
provided for in this paragraph; (e) ordered partially or
completely emancipated in accordance with the provisions of
the Emancipation of Mature Minors Act; or (f) subject to
having his or her driver's license or driving privilege
suspended for such time as determined by the Court but only
until he or she attains 18 years of age. No disposition
under this subsection shall provide for the minor's placement
in a secure facility.
(2) Any order of disposition may provide for protective
supervision under Section 4-22 and may include an order of
protection under Section 4-23.
(3) Unless the order of disposition expressly so
provides, it does not operate to close proceedings on the
pending petition, but is subject to modification until final
closing and discharge of the proceedings under Section 4-29.
(4) In addition to any other order of disposition, the
court may order any minor found to be addicted under this
Article as neglected with respect to his or her own injurious
behavior, to make restitution, in monetary or non-monetary
form, under the terms and conditions of Section 5-5-6 of the
Unified Code of Corrections, except that the "presentence
hearing" referred to therein shall be the dispositional
hearing for purposes of this Section. The parent, guardian
or legal custodian of the minor may pay some or all of such
restitution on the minor's behalf.
(5) Any order for disposition where the minor is placed
in accordance with Section 4-25 shall provide for the parents
or guardian of the estate of such minor to pay to the legal
custodian or guardian of the person of the minor such sums as
are determined by the custodian or guardian of the person of
the minor as necessary for the minor's needs. Such payments
may not exceed the maximum amounts provided for by Section
9.1 of the Children and Family Services Act.
(6) Whenever the order of disposition requires the minor
to attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code.
(7) The court must impose upon a minor under an order of
continuance under supervision or an order of disposition
under this Article IV, as a condition of the order, a fee of
$25 for each month or partial month of supervision with a
probation officer. If the court determines the inability of
the minor, or the parent, guardian, or legal custodian of the
minor to pay the fee, the court may impose a lesser fee. The
court may not impose the fee on a minor who is made a ward of
the State under this Act. The fee may be imposed only upon a
minor who is actively supervised by the probation and court
services department. The fee must be collected by the clerk
of the circuit court. The clerk of the circuit court must
pay all monies collected from this fee to the county
treasurer for deposit into the probation and court services
fund under Section 15.1 of the Probation and Probation
Officers Act.
(Source: P.A. 89-202, eff. 7-21-95; 89-235, eff. 8-4-95;
89-626, eff. 8-9-96; 90-590, eff. 1-1-99.)
(705 ILCS 405/5-305)
Sec. 5-305. Probation adjustment.
(1) The court may authorize the probation officer to
confer in a preliminary conference with a minor who is
alleged to have committed an offense, his or her parent,
guardian or legal custodian, the victim, the juvenile police
officer, the State's Attorney, and other interested persons
concerning the advisability of filing a petition under
Section 5-520, with a view to adjusting suitable cases
without the filing of a petition as provided for in this
Article, the probation officer should schedule a conference
promptly except when the State's Attorney insists on court
action or when the minor has indicated that he or she will
demand a judicial hearing and will not comply with a
probation adjustment.
(1-b) In any case of a minor who is in custody, the
holding of a probation adjustment conference does not operate
to prolong temporary custody beyond the period permitted by
Section 5-415.
(2) This Section does not authorize any probation
officer to compel any person to appear at any conference,
produce any papers, or visit any place.
(3) No statement made during a preliminary conference in
regard to the offense that is the subject of the conference
may be admitted into evidence at an adjudicatory hearing or
at any proceeding against the minor under the criminal laws
of this State prior to his or her conviction under those
laws.
(4) When a probation adjustment is appropriate, the
probation officer shall promptly formulate a written,
non-judicial adjustment plan following the initial
conference.
(5) Non-judicial probation adjustment plans include but
are not limited to the following:
(a) up to 6 months informal supervision within the
family;
(b) up to 12 months informal supervision with a
probation officer involved which may include any
conditions of probation provided in Section 5-715;
(c) up to 6 months informal supervision with
release to a person other than a parent;
(d) referral to special educational, counseling, or
other rehabilitative social or educational programs;
(e) referral to residential treatment programs;
(f) participation in a public or community service
program or activity; and
(g) any other appropriate action with the consent
of the minor and a parent.
(6) The factors to be considered by the probation
officer in formulating a non-judicial probation adjustment
plan shall be the same as those limited in subsection (4) of
Section 5-405.
(7) Beginning January 1, 2000, the probation officer
who imposes a probation adjustment plan shall assure that
information about an offense which would constitute a felony
if committed by an adult, and may assure that information
about a misdemeanor offense, is transmitted to the Department
of State Police.
(Source: P.A. 90-590, eff. 1-1-99.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 110-10 as follows:
(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
Sec. 110-10. Conditions of bail bond.
(a) If a person is released prior to conviction, either
upon payment of bail security or on his or her own
recognizance, the conditions of the bail bond shall be that
he or she will:
(1) Appear to answer the charge in the court having
jurisdiction on a day certain and thereafter as ordered
by the court until discharged or final order of the
court;
(2) Submit himself or herself to the orders and
process of the court;
(3) Not depart this State without leave of the
court;
(4) Not violate any criminal statute of any
jurisdiction;
(5) At a time and place designated by the court,
surrender all firearms in his or her possession to a law
enforcement officer designated by the court to take
custody of and impound the firearms when the offense the
person has been charged with is a forcible felony,
stalking, aggravated stalking, domestic battery, any
violation of either the Illinois Controlled Substances
Act or the Cannabis Control Act that is classified as a
Class 2 or greater felony, or any felony violation of
Article 24 of the Criminal Code of 1961; the court may,
however, forgo the imposition of this condition when the
circumstances of the case clearly do not warrant it or
when its imposition would be impractical; all legally
possessed firearms shall be returned to the person upon
that person completing a sentence for a conviction on a
misdemeanor domestic battery, upon the charges being
dismissed, or if the person is found not guilty, unless
the finding of not guilty is by reason of insanity; and
(6) At a time and place designated by the court,
submit to a psychological evaluation when the person has
been charged with a violation of item (4) of subsection
(a) of Section 24-1 of the Criminal Code of 1961 and that
violation occurred in a school or in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school-related activity,
or on any public way within 1,000 feet of real property
comprising any school.
Psychological evaluations ordered pursuant to this
Section shall be completed promptly and made available to the
State, the defendant, and the court. As a further condition
of bail under these circumstances, the court shall order the
defendant to refrain from entering upon the property of the
school, including any conveyance owned, leased, or contracted
by a school to transport students to or from school or a
school-related activity, or on any public way within 1,000
feet of real property comprising any school. Upon receipt of
the psychological evaluation, either the State or the
defendant may request a change in the conditions of bail,
pursuant to Section 110-6 of this Code. The court may change
the conditions of bail to include a requirement that the
defendant follow the recommendations of the psychological
evaluation, including undergoing psychiatric treatment. The
conclusions of the psychological evaluation and any
statements elicited from the defendant during its
administration are not admissible as evidence of guilt during
the course of any trial on the charged offense, unless the
defendant places his or her mental competency in issue.
(b) The court may impose other conditions, such as the
following, if the court finds that such conditions are
reasonably necessary to assure the defendant's appearance in
court, protect the public from the defendant, or prevent the
defendant's unlawful interference with the orderly
administration of justice:
(1) Report to or appear in person before such
person or agency as the court may direct;
(2) Refrain from possessing a firearm or other
dangerous weapon;
(3) Refrain from approaching or communicating with
particular persons or classes of persons;
(4) Refrain from going to certain described
geographical areas or premises;
(5) Refrain from engaging in certain activities or
indulging in intoxicating liquors or in certain drugs;
(6) Undergo treatment for drug addiction or
alcoholism;
(7) Undergo medical or psychiatric treatment;
(8) Work or pursue a course of study or vocational
training;
(9) Attend or reside in a facility designated by
the court;
(10) Support his or her dependents;
(11) If a minor resides with his or her parents or
in a foster home, attend school, attend a non-residential
program for youths, and contribute to his or her own
support at home or in a foster home;
(12) Observe any curfew ordered by the court;
(13) Remain in the custody of such designated
person or organization agreeing to supervise his release.
Such third party custodian shall be responsible for
notifying the court if the defendant fails to observe the
conditions of release which the custodian has agreed to
monitor, and shall be subject to contempt of court for
failure so to notify the court;
(14) Be placed under direct supervision of the
Pretrial Services Agency, Probation Department or Court
Services Department in a pretrial bond home supervision
capacity with or without the use of an approved
electronic monitoring device subject to Article 8A of
Chapter V of the Unified Code of Corrections;
(14.1) The court shall impose upon a defendant who
is charged with any alcohol, cannabis or controlled
substance violation and is placed under direct
supervision of the Pretrial Services Agency, Probation
Department or Court Services Department in a pretrial
bond home supervision capacity with the use of an
approved monitoring device, as a condition of such bail
bond, a fee that represents costs incidental to the
electronic monitoring for each day of such bail
supervision ordered by the court, unless after
determining the inability of the defendant to pay the
fee, the court assesses a lesser fee or no fee as the
case may be. The fee shall be collected by the clerk of
the circuit court. The clerk of the circuit court shall
pay all monies collected from this fee to the county
treasurer for deposit in the substance abuse services
fund under Section 5-1086.1 of the Counties Code;
(14.2) The court shall impose upon all defendants,
including those defendants subject to paragraph (14.1)
above, placed under direct supervision of the Pretrial
Services Agency, Probation Department or Court Services
Department in a pretrial bond home supervision capacity
with the use of an approved monitoring device, as a
condition of such bail bond, a fee which shall represent
costs incidental to such electronic monitoring for each
day of such bail supervision ordered by the court, unless
after determining the inability of the defendant to pay
the fee, the court assesses a lesser fee or no fee as the
case may be. The fee shall be collected by the clerk of
the circuit court. The clerk of the circuit court shall
pay all monies collected from this fee to the county
treasurer who shall use the monies collected to defray
the costs of corrections. The county treasurer shall
deposit the fee collected in the county working cash fund
under Section 6-27001 or Section 6-29002 of the Counties
Code, as the case may be;
(14.3) The Chief Judge of the Judicial Circuit may
establish reasonable fees to be paid by a person
receiving pretrial services while under supervision of a
pretrial services agency, probation department, or court
services department. Reasonable fees may be charged for
pretrial services including, but not limited to, pretrial
supervision, diversion programs, electronic monitoring,
victim impact services, drug and alcohol testing, and
victim mediation services. The person receiving pretrial
services may be ordered to pay all costs incidental to
pretrial services in accordance with his or her ability
to pay those costs;
(15) Comply with the terms and conditions of an
order of protection issued by the court under the
Illinois Domestic Violence Act of 1986 or an order of
protection issued by the court of another state, tribe,
or United States territory;
(16) Under Section 110-6.5 comply with the
conditions of the drug testing program; and
(17) Such other reasonable conditions as the court
may impose.
(c) When a person is charged with an offense under
Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
"Criminal Code of 1961", involving a victim who is a minor
under 18 years of age living in the same household with the
defendant at the time of the offense, in granting bail or
releasing the defendant on his own recognizance, the judge
shall impose conditions to restrict the defendant's access to
the victim which may include, but are not limited to
conditions that he will:
1. Vacate the Household.
2. Make payment of temporary support to his
dependents.
3. Refrain from contact or communication with the
child victim, except as ordered by the court.
(d) When a person is charged with a criminal offense and
the victim is a family or household member as defined in
Article 112A, conditions shall be imposed at the time of the
defendant's release on bond that restrict the defendant's
access to the victim. Unless provided otherwise by the court,
the restrictions shall include requirements that the
defendant do the following:
(1) refrain from contact or communication with the
victim for a minimum period of 72 hours following the
defendant's release; and
(2) refrain from entering or remaining at the
victim's residence for a minimum period of 72 hours
following the defendant's release.
(e) Local law enforcement agencies shall develop
standardized bond forms for use in cases involving family or
household members as defined in Article 112A, including
specific conditions of bond as provided in subsection (d).
Failure of any law enforcement department to develop or use
those forms shall in no way limit the applicability and
enforcement of subsections (d) and (f).
(f) If the defendant is admitted to bail after
conviction the conditions of the bail bond shall be that he
will, in addition to the conditions set forth in subsections
(a) and (b) hereof:
(1) Duly prosecute his appeal;
(2) Appear at such time and place as the court may
direct;
(3) Not depart this State without leave of the
court;
(4) Comply with such other reasonable conditions as
the court may impose; and,
(5) If the judgment is affirmed or the cause
reversed and remanded for a new trial, forthwith
surrender to the officer from whose custody he was
bailed.
(Source: P.A. 90-399, eff. 1-1-98; 91-11, eff. 6-4-99;
91-312, eff. 1-1-00; 91-696, eff. 4-13-00; 91-903, eff.
1-1-01.)
Section 15. The Probation and Probation Officers Act is
amended by changing Section 15.1 as follows:
(730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1)
Sec. 15.1. Probation and Court Services Fund.
(a) The county treasurer in each county shall establish
a probation and court services fund consisting of fees
collected pursuant to subsection (i) of Section 5-6-3 and
subsection (i) of Section 5-6-3.1 of the Unified Code of
Corrections, and subsection (10) of Section 5-615 and
subsection (5) of Section 5-715 of the Juvenile Court Act of
1987, and paragraph 14.3 of subsection (b) of Section 110-10
of the Code of Criminal Procedure of 1963. The county
treasurer shall disburse monies from the fund only at the
direction of the chief judge of the circuit court in such
circuit where the county is located. The county treasurer of
each county shall, on or before January 10 of each year,
submit an annual report to the Supreme Court.
(b) Monies in the probation and court services fund
shall be appropriated by the county board to be used within
the county or jurisdiction where collected in accordance with
policies and guidelines approved by the Supreme Court for the
costs of operating the probation and court services
department or departments; however, monies in the probation
and court services fund shall not be used for the payment of
salaries of probation and court services personnel.
(c) Monies expended from the probation and court
services fund shall be used to supplement, not supplant,
county appropriations for probation and court services.
(d) Interest earned on monies deposited in a probation
and court services fund may be used by the county for its
ordinary and contingent expenditures.
(e) The county board may appropriate moneys from the
probation and court services fund, upon the direction of the
chief judge, to support programs that are part of the
continuum of juvenile delinquency intervention programs which
are or may be developed within the county. The grants from
the probation and court services fund shall be for no more
than one year and may be used for any expenses attributable
to the program including administration and oversight of the
program by the probation department.
(Source: P.A. 89-198, eff. 7-21-95; 90-590, eff. 1-1-99.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 16, 2001.
Approved August 09, 2001.
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