101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4613

 

Introduced 2/5/2020, by Rep. Robyn Gabel

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/17a-9  from Ch. 23, par. 5017a-9
705 ILCS 405/5-410
705 ILCS 405/5-710
705 ILCS 405/5-720

    Amends the Children and Family Services Act. Provides that the Illinois Juvenile Justice Commission shall study and make recommendations to the General Assembly regarding the availability of youth services to reduce the use of detention and prevent deeper criminal involvement. Amends the Juvenile Court Act of 1987. Provides that it is the goal of the Act to ensure that detention is the last resort and for as short a time as possible. Provides that on and after July 1, 2021, any minor 13 years of age or older arrested under this Act where there is probable cause to believe that the minor is a delinquent minor and that (i) secure custody is a matter of immediate and urgent necessity in light of a serious threat to the physical safety of a person or persons in the community or to secure the presence of the minor at the next hearing, as evidenced by a demonstrable record of willful failure to appear at a scheduled court hearing within the last 12 months, may be kept or detained in an authorized detention facility. Provides that a minor must be at least 13 (rather than 10) years of age to be placed in detention.


LRB101 17311 RLC 69284 b

 

 

A BILL FOR

 

HB4613LRB101 17311 RLC 69284 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by changing Section 17a-9 as follows:
 
6    (20 ILCS 505/17a-9)  (from Ch. 23, par. 5017a-9)
7    Sec. 17a-9. Illinois Juvenile Justice Commission.
8    (a) There is hereby created the Illinois Juvenile Justice
9Commission which shall consist of 25 persons appointed by the
10Governor. The Chairperson of the Commission shall be appointed
11by the Governor. Of the initial appointees, 8 shall serve a
12one-year term, 8 shall serve a two-year term and 9 shall serve
13a three-year term. Thereafter, each successor shall serve a
14three-year term. Vacancies shall be filled in the same manner
15as original appointments. Once appointed, members shall serve
16until their successors are appointed and qualified. Members
17shall serve without compensation, except they shall be
18reimbursed for their actual expenses in the performance of
19their duties. The Commission shall carry out the rights, powers
20and duties established in subparagraph (3) of paragraph (a) of
21Section 223 of the Federal "Juvenile Justice and Delinquency
22Prevention Act of 1974", as now or hereafter amended. The
23Commission shall determine the priorities for expenditure of

 

 

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1funds made available to the State by the Federal Government
2pursuant to that Act. The Commission shall have the following
3powers and duties:
4        (1) Development, review and final approval of the
5    State's juvenile justice plan for funds under the Federal
6    "Juvenile Justice and Delinquency Prevention Act of 1974";
7        (2) Review and approve or disapprove juvenile justice
8    and delinquency prevention grant applications to the
9    Department for federal funds under that Act;
10        (3) Annual submission of recommendations to the
11    Governor and the General Assembly concerning matters
12    relative to its function;
13        (4) Responsibility for the review of funds allocated to
14    Illinois under the "Juvenile Justice and Delinquency
15    Prevention Act of 1974" to ensure compliance with all
16    relevant federal laws and regulations;
17        (5) Function as the advisory committee for the State
18    Youth and Community Services Program as authorized under
19    Section 17 of this Act, and in that capacity be authorized
20    and empowered to assist and advise the Secretary of Human
21    Services on matters related to juvenile justice and
22    delinquency prevention programs and services; and
23        (5.5) Study and make recommendations to the General
24    Assembly regarding the availability of youth services to
25    reduce the use of detention and prevent deeper criminal
26    involvement; and

 

 

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1        (6) Study the impact of, develop timelines, and propose
2    a funding structure to accommodate the expansion of the
3    jurisdiction of the Illinois Juvenile Court to include
4    youth age 17 under the jurisdiction of the Juvenile Court
5    Act of 1987. The Commission shall submit a report by
6    December 31, 2011 to the General Assembly with
7    recommendations on extending juvenile court jurisdiction
8    to youth age 17 charged with felony offenses.
9    (b) On the effective date of this amendatory Act of the
1096th General Assembly, the Illinois Juvenile Jurisdiction Task
11Force created by Public Act 95-1031 is abolished and its duties
12are transferred to the Illinois Juvenile Justice Commission as
13provided in paragraph (6) of subsection (a) of this Section.
14(Source: P.A. 96-1199, eff. 1-1-11.)
 
15    Section 10. The Juvenile Court Act of 1987 is amended by
16changing Sections 5-410, 5-710, and 5-720 as follows:
 
17    (705 ILCS 405/5-410)
18    Sec. 5-410. Non-secure custody or detention.
19    (1) Placement of a minor away from his or her home must be
20the last resort and be the least restrictive alternative
21available. Any minor arrested or taken into custody pursuant to
22this Act who requires care away from his or her home but who
23does not require physical restriction shall be given temporary
24care in a foster family home or other shelter facility

 

 

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1designated by the court.
2    (2) (a) Prior to July 1, 2021, any Any minor 10 years of
3age or older arrested pursuant to this Act where there is
4probable cause to believe that the minor is a delinquent minor
5and that (i) secure custody is a matter of immediate and urgent
6necessity for the protection of the minor or of the person or
7property of another, (ii) the minor is likely to flee the
8jurisdiction of the court, or (iii) the minor was taken into
9custody under a warrant, may be kept or detained in an
10authorized detention facility. Prior to July 1, 2021, a A minor
11under 13 years of age shall not be admitted, kept, or detained
12in a detention facility unless a local youth service provider,
13including a provider through the Comprehensive Community Based
14Youth Services network, has been contacted and has not been
15able to accept the minor for services. No minor under 12 years
16of age shall be detained in a county jail or a municipal lockup
17for more than 6 hours. The provisions of paragraph (a) of this
18subsection (2), other than this sentence, are inoperative on
19and after July 1, 2021.
20    (a-5) For a minor arrested or taken into custody for
21vehicular hijacking or aggravated vehicular hijacking, a
22previous finding of delinquency for vehicular hijacking or
23aggravated vehicular hijacking shall be given greater weight in
24determining whether secured custody of a minor is a matter of
25immediate and urgent necessity for the protection of the minor
26or of the person or property of another.

 

 

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1    (a-10) It is the goal of this Act to ensure that detention
2is the last resort and for as short a time as possible. On and
3after July 1, 2021, any minor 13 years of age or older arrested
4under this Act where there is probable cause to believe that
5the minor is a delinquent minor and that (i) secure custody is
6a matter of immediate and urgent necessity in light of a
7serious threat to the physical safety of a person or persons in
8the community or to secure the presence of the minor at the
9next hearing, as evidenced by a demonstrable record of willful
10failure to appear at a scheduled court hearing within the last
1112 months, may be kept or detained in an authorized detention
12facility.
13    (b) The written authorization of the probation officer or
14detention officer (or other public officer designated by the
15court in a county having 3,000,000 or more inhabitants)
16constitutes authority for the superintendent of any juvenile
17detention home to detain and keep a minor for up to 40 hours,
18excluding Saturdays, Sundays, and court-designated holidays.
19These records shall be available to the same persons and
20pursuant to the same conditions as are law enforcement records
21as provided in Section 5-905.
22    (b-4) The consultation required by paragraph (b-5) shall
23not be applicable if the probation officer or detention officer
24(or other public officer designated by the court in a county
25having 3,000,000 or more inhabitants) utilizes a scorable
26detention screening instrument, which has been developed with

 

 

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1input by the State's Attorney, to determine whether a minor
2should be detained, however, paragraph (b-5) shall still be
3applicable where no such screening instrument is used or where
4the probation officer, detention officer (or other public
5officer designated by the court in a county having 3,000,000 or
6more inhabitants) deviates from the screening instrument.
7    (b-5) Subject to the provisions of paragraph (b-4), if a
8probation officer or detention officer (or other public officer
9designated by the court in a county having 3,000,000 or more
10inhabitants) does not intend to detain a minor for an offense
11which constitutes one of the following offenses he or she shall
12consult with the State's Attorney's Office prior to the release
13of the minor: first degree murder, second degree murder,
14involuntary manslaughter, criminal sexual assault, aggravated
15criminal sexual assault, aggravated battery with a firearm as
16described in Section 12-4.2 or subdivision (e)(1), (e)(2),
17(e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous
18battery involving permanent disability or disfigurement or
19great bodily harm, robbery, aggravated robbery, armed robbery,
20vehicular hijacking, aggravated vehicular hijacking, vehicular
21invasion, arson, aggravated arson, kidnapping, aggravated
22kidnapping, home invasion, burglary, or residential burglary.
23    (c) Except as otherwise provided in paragraph (a), (d), or
24(e), no minor shall be detained in a county jail or municipal
25lockup for more than 12 hours, unless the offense is a crime of
26violence in which case the minor may be detained up to 24

 

 

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1hours. For the purpose of this paragraph, "crime of violence"
2has the meaning ascribed to it in Section 1-10 of the
3Alcoholism and Other Drug Abuse and Dependency Act.
4        (i) The period of detention is deemed to have begun
5    once the minor has been placed in a locked room or cell or
6    handcuffed to a stationary object in a building housing a
7    county jail or municipal lockup. Time spent transporting a
8    minor is not considered to be time in detention or secure
9    custody.
10        (ii) Any minor so confined shall be under periodic
11    supervision and shall not be permitted to come into or
12    remain in contact with adults in custody in the building.
13        (iii) Upon placement in secure custody in a jail or
14    lockup, the minor shall be informed of the purpose of the
15    detention, the time it is expected to last and the fact
16    that it cannot exceed the time specified under this Act.
17        (iv) A log shall be kept which shows the offense which
18    is the basis for the detention, the reasons and
19    circumstances for the decision to detain, and the length of
20    time the minor was in detention.
21        (v) Violation of the time limit on detention in a
22    county jail or municipal lockup shall not, in and of
23    itself, render inadmissible evidence obtained as a result
24    of the violation of this time limit. Minors under 18 years
25    of age shall be kept separate from confined adults and may
26    not at any time be kept in the same cell, room, or yard

 

 

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1    with adults confined pursuant to criminal law. Persons 18
2    years of age and older who have a petition of delinquency
3    filed against them may be confined in an adult detention
4    facility. In making a determination whether to confine a
5    person 18 years of age or older who has a petition of
6    delinquency filed against the person, these factors, among
7    other matters, shall be considered:
8            (A) the age of the person;
9            (B) any previous delinquent or criminal history of
10        the person;
11            (C) any previous abuse or neglect history of the
12        person; and
13            (D) any mental health or educational history of the
14        person, or both.
15    (d) (i) If prior to July 1, 2021 a minor 12 years of age or
16older or on and after July 1, 2021 a minor 13 years of age or
17older is confined in a county jail in a county with a
18population below 3,000,000 inhabitants, then the minor's
19confinement shall be implemented in such a manner that there
20will be no contact by sight, sound, or otherwise between the
21minor and adult prisoners. The minor Minors 12 years of age or
22older must be kept separate from confined adults and may not at
23any time be kept in the same cell, room, or yard with confined
24adults. This paragraph (d)(i) shall only apply to confinement
25pending an adjudicatory hearing and shall not exceed 40 hours,
26excluding Saturdays, Sundays, and court-designated holidays.

 

 

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1To accept or hold minors during this time period, county jails
2shall comply with all monitoring standards adopted by the
3Department of Corrections and training standards approved by
4the Illinois Law Enforcement Training Standards Board.
5    (ii) To accept or hold minors, 12 years of age or older,
6after the time period prescribed in paragraph (d)(i) of this
7subsection (2) of this Section but not exceeding 7 days
8including Saturdays, Sundays, and holidays pending an
9adjudicatory hearing, county jails shall comply with all
10temporary detention standards adopted by the Department of
11Corrections and training standards approved by the Illinois Law
12Enforcement Training Standards Board.
13    (iii) To accept or hold minors 12 years of age or older,
14after the time period prescribed in paragraphs (d)(i) and
15(d)(ii) of this subsection (2) of this Section, county jails
16shall comply with all county juvenile detention standards
17adopted by the Department of Juvenile Justice.
18    (e) When a minor who is at least 15 years of age is
19prosecuted under the criminal laws of this State, the court may
20enter an order directing that the juvenile be confined in the
21county jail. However, any juvenile confined in the county jail
22under this provision shall be separated from adults who are
23confined in the county jail in such a manner that there will be
24no contact by sight, sound or otherwise between the juvenile
25and adult prisoners.
26    (f) For purposes of appearing in a physical lineup, the

 

 

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1minor may be taken to a county jail or municipal lockup under
2the direct and constant supervision of a juvenile police
3officer. During such time as is necessary to conduct a lineup,
4and while supervised by a juvenile police officer, the sight
5and sound separation provisions shall not apply.
6    (g) For purposes of processing a minor, the minor may be
7taken to a county jail or municipal lockup under the direct and
8constant supervision of a law enforcement officer or
9correctional officer. During such time as is necessary to
10process the minor, and while supervised by a law enforcement
11officer or correctional officer, the sight and sound separation
12provisions shall not apply.
13    (3) If the probation officer or State's Attorney (or such
14other public officer designated by the court in a county having
153,000,000 or more inhabitants) determines that the minor may be
16a delinquent minor as described in subsection (3) of Section
175-105, and should be retained in custody but does not require
18physical restriction, the minor may be placed in non-secure
19custody for up to 40 hours pending a detention hearing.
20    (4) Any minor taken into temporary custody, not requiring
21secure detention, may, however, be detained in the home of his
22or her parent or guardian subject to such conditions as the
23court may impose.
24    (5) The changes made to this Section by Public Act 98-61
25apply to a minor who has been arrested or taken into custody on
26or after January 1, 2014 (the effective date of Public Act

 

 

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198-61).
2(Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)
 
3    (705 ILCS 405/5-710)
4    Sec. 5-710. Kinds of sentencing orders.
5    (1) The following kinds of sentencing orders may be made in
6respect of wards of the court:
7        (a) Except as provided in Sections 5-805, 5-810, and
8    5-815, a minor who is found guilty under Section 5-620 may
9    be:
10            (i) put on probation or conditional discharge and
11        released to his or her parents, guardian or legal
12        custodian, provided, however, that any such minor who
13        is not committed to the Department of Juvenile Justice
14        under this subsection and who is found to be a
15        delinquent for an offense which is first degree murder,
16        a Class X felony, or a forcible felony shall be placed
17        on probation;
18            (ii) placed in accordance with Section 5-740, with
19        or without also being put on probation or conditional
20        discharge;
21            (iii) required to undergo a substance abuse
22        assessment conducted by a licensed provider and
23        participate in the indicated clinical level of care;
24            (iv) on and after January 1, 2015 (the effective
25        date of Public Act 98-803) this amendatory Act of the

 

 

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1        98th General Assembly and before January 1, 2017,
2        placed in the guardianship of the Department of
3        Children and Family Services, but only if the
4        delinquent minor is under 16 years of age or, pursuant
5        to Article II of this Act, a minor under the age of 18
6        for whom an independent basis of abuse, neglect, or
7        dependency exists. On and after January 1, 2017, placed
8        in the guardianship of the Department of Children and
9        Family Services, but only if the delinquent minor is
10        under 15 years of age or, pursuant to Article II of
11        this Act, a minor for whom an independent basis of
12        abuse, neglect, or dependency exists. An independent
13        basis exists when the allegations or adjudication of
14        abuse, neglect, or dependency do not arise from the
15        same facts, incident, or circumstances which give rise
16        to a charge or adjudication of delinquency;
17            (v) placed in detention for a period not to exceed
18        30 days, either as the exclusive order of disposition
19        or, where appropriate, in conjunction with any other
20        order of disposition issued under this paragraph,
21        provided that any such detention shall be in a juvenile
22        detention home and the minor so detained shall be 13 10
23        years of age or older. However, the 30-day limitation
24        may be extended by further order of the court for a
25        minor under age 15 committed to the Department of
26        Children and Family Services if the court finds that

 

 

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1        the minor is a danger to himself or others. The minor
2        shall be given credit on the sentencing order of
3        detention for time spent in detention under Sections
4        5-501, 5-601, 5-710, or 5-720 of this Article as a
5        result of the offense for which the sentencing order
6        was imposed. The court may grant credit on a sentencing
7        order of detention entered under a violation of
8        probation or violation of conditional discharge under
9        Section 5-720 of this Article for time spent in
10        detention before the filing of the petition alleging
11        the violation. A minor shall not be deprived of credit
12        for time spent in detention before the filing of a
13        violation of probation or conditional discharge
14        alleging the same or related act or acts. The
15        limitation that the minor shall only be placed in a
16        juvenile detention home does not apply as follows:
17            Persons 18 years of age and older who have a
18        petition of delinquency filed against them may be
19        confined in an adult detention facility. In making a
20        determination whether to confine a person 18 years of
21        age or older who has a petition of delinquency filed
22        against the person, these factors, among other
23        matters, shall be considered:
24                (A) the age of the person;
25                (B) any previous delinquent or criminal
26            history of the person;

 

 

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1                (C) any previous abuse or neglect history of
2            the person;
3                (D) any mental health history of the person;
4            and
5                (E) any educational history of the person;
6            (vi) ordered partially or completely emancipated
7        in accordance with the provisions of the Emancipation
8        of Minors Act;
9            (vii) subject to having his or her driver's license
10        or driving privileges suspended for such time as
11        determined by the court but only until he or she
12        attains 18 years of age;
13            (viii) put on probation or conditional discharge
14        and placed in detention under Section 3-6039 of the
15        Counties Code for a period not to exceed the period of
16        incarceration permitted by law for adults found guilty
17        of the same offense or offenses for which the minor was
18        adjudicated delinquent, and in any event no longer than
19        upon attainment of age 21; this subdivision (viii)
20        notwithstanding any contrary provision of the law;
21            (ix) ordered to undergo a medical or other
22        procedure to have a tattoo symbolizing allegiance to a
23        street gang removed from his or her body; or
24            (x) placed in electronic monitoring or home
25        detention under Part 7A of this Article.
26        (b) A minor found to be guilty may be committed to the

 

 

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1    Department of Juvenile Justice under Section 5-750 if the
2    minor is at least 13 years and under 20 years of age,
3    provided that the commitment to the Department of Juvenile
4    Justice shall be made only if the minor was found guilty of
5    a felony offense or first degree murder. The court shall
6    include in the sentencing order any pre-custody credits the
7    minor is entitled to under Section 5-4.5-100 of the Unified
8    Code of Corrections. The time during which a minor is in
9    custody before being released upon the request of a parent,
10    guardian or legal custodian shall also be considered as
11    time spent in custody.
12        (c) When a minor is found to be guilty for an offense
13    which is a violation of the Illinois Controlled Substances
14    Act, the Cannabis Control Act, or the Methamphetamine
15    Control and Community Protection Act and made a ward of the
16    court, the court may enter a disposition order requiring
17    the minor to undergo assessment, counseling or treatment in
18    a substance use disorder treatment program approved by the
19    Department of Human Services.
20    (2) Any sentencing order other than commitment to the
21Department of Juvenile Justice may provide for protective
22supervision under Section 5-725 and may include an order of
23protection under Section 5-730.
24    (3) Unless the sentencing order expressly so provides, it
25does not operate to close proceedings on the pending petition,
26but is subject to modification until final closing and

 

 

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1discharge of the proceedings under Section 5-750.
2    (4) In addition to any other sentence, the court may order
3any minor found to be delinquent to make restitution, in
4monetary or non-monetary form, under the terms and conditions
5of Section 5-5-6 of the Unified Code of Corrections, except
6that the "presentencing hearing" referred to in that Section
7shall be the sentencing hearing for purposes of this Section.
8The parent, guardian or legal custodian of the minor may be
9ordered by the court to pay some or all of the restitution on
10the minor's behalf, pursuant to the Parental Responsibility
11Law. The State's Attorney is authorized to act on behalf of any
12victim in seeking restitution in proceedings under this
13Section, up to the maximum amount allowed in Section 5 of the
14Parental Responsibility Law.
15    (5) Any sentencing order where the minor is committed or
16placed in accordance with Section 5-740 shall provide for the
17parents or guardian of the estate of the minor to pay to the
18legal custodian or guardian of the person of the minor such
19sums as are determined by the custodian or guardian of the
20person of the minor as necessary for the minor's needs. The
21payments may not exceed the maximum amounts provided for by
22Section 9.1 of the Children and Family Services Act.
23    (6) Whenever the sentencing order requires the minor to
24attend school or participate in a program of training, the
25truant officer or designated school official shall regularly
26report to the court if the minor is a chronic or habitual

 

 

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1truant under Section 26-2a of the School Code. Notwithstanding
2any other provision of this Act, in instances in which
3educational services are to be provided to a minor in a
4residential facility where the minor has been placed by the
5court, costs incurred in the provision of those educational
6services must be allocated based on the requirements of the
7School Code.
8    (7) In no event shall a guilty minor be committed to the
9Department of Juvenile Justice for a period of time in excess
10of that period for which an adult could be committed for the
11same act. The court shall include in the sentencing order a
12limitation on the period of confinement not to exceed the
13maximum period of imprisonment the court could impose under
14Chapter V 5 of the Unified Code of Corrections.
15    (7.5) In no event shall a guilty minor be committed to the
16Department of Juvenile Justice or placed in detention when the
17act for which the minor was adjudicated delinquent would not be
18illegal if committed by an adult.
19    (7.6) In no event shall a guilty minor be committed to the
20Department of Juvenile Justice for an offense which is a Class
214 felony under Section 19-4 (criminal trespass to a residence),
2221-1 (criminal damage to property), 21-1.01 (criminal damage to
23government supported property), 21-1.3 (criminal defacement of
24property), 26-1 (disorderly conduct), or 31-4 (obstructing
25justice) of the Criminal Code of 2012.
26    (7.75) In no event shall a guilty minor be committed to the

 

 

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1Department of Juvenile Justice for an offense that is a Class 3
2or Class 4 felony violation of the Illinois Controlled
3Substances Act unless the commitment occurs upon a third or
4subsequent judicial finding of a violation of probation for
5substantial noncompliance with court-ordered treatment or
6programming.
7    (8) A minor found to be guilty for reasons that include a
8violation of Section 21-1.3 of the Criminal Code of 1961 or the
9Criminal Code of 2012 shall be ordered to perform community
10service for not less than 30 and not more than 120 hours, if
11community service is available in the jurisdiction. The
12community service shall include, but need not be limited to,
13the cleanup and repair of the damage that was caused by the
14violation or similar damage to property located in the
15municipality or county in which the violation occurred. The
16order may be in addition to any other order authorized by this
17Section.
18    (8.5) A minor found to be guilty for reasons that include a
19violation of Section 3.02 or Section 3.03 of the Humane Care
20for Animals Act or paragraph (d) of subsection (1) of Section
2121-1 of the Criminal Code of 1961 or paragraph (4) of
22subsection (a) of Section 21-1 of the Criminal Code of 2012
23shall be ordered to undergo medical or psychiatric treatment
24rendered by a psychiatrist or psychological treatment rendered
25by a clinical psychologist. The order may be in addition to any
26other order authorized by this Section.

 

 

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1    (9) In addition to any other sentencing order, the court
2shall order any minor found to be guilty for an act which would
3constitute, predatory criminal sexual assault of a child,
4aggravated criminal sexual assault, criminal sexual assault,
5aggravated criminal sexual abuse, or criminal sexual abuse if
6committed by an adult to undergo medical testing to determine
7whether the defendant has any sexually transmissible disease
8including a test for infection with human immunodeficiency
9virus (HIV) or any other identified causative agency of
10acquired immunodeficiency syndrome (AIDS). Any medical test
11shall be performed only by appropriately licensed medical
12practitioners and may include an analysis of any bodily fluids
13as well as an examination of the minor's person. Except as
14otherwise provided by law, the results of the test shall be
15kept strictly confidential by all medical personnel involved in
16the testing and must be personally delivered in a sealed
17envelope to the judge of the court in which the sentencing
18order was entered for the judge's inspection in camera. Acting
19in accordance with the best interests of the victim and the
20public, the judge shall have the discretion to determine to
21whom the results of the testing may be revealed. The court
22shall notify the minor of the results of the test for infection
23with the human immunodeficiency virus (HIV). The court shall
24also notify the victim if requested by the victim, and if the
25victim is under the age of 15 and if requested by the victim's
26parents or legal guardian, the court shall notify the victim's

 

 

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1parents or the legal guardian, of the results of the test for
2infection with the human immunodeficiency virus (HIV). The
3court shall provide information on the availability of HIV
4testing and counseling at the Department of Public Health
5facilities to all parties to whom the results of the testing
6are revealed. The court shall order that the cost of any test
7shall be paid by the county and may be taxed as costs against
8the minor.
9    (10) When a court finds a minor to be guilty the court
10shall, before entering a sentencing order under this Section,
11make a finding whether the offense committed either: (a) was
12related to or in furtherance of the criminal activities of an
13organized gang or was motivated by the minor's membership in or
14allegiance to an organized gang, or (b) involved a violation of
15subsection (a) of Section 12-7.1 of the Criminal Code of 1961
16or the Criminal Code of 2012, a violation of any Section of
17Article 24 of the Criminal Code of 1961 or the Criminal Code of
182012, or a violation of any statute that involved the wrongful
19use of a firearm. If the court determines the question in the
20affirmative, and the court does not commit the minor to the
21Department of Juvenile Justice, the court shall order the minor
22to perform community service for not less than 30 hours nor
23more than 120 hours, provided that community service is
24available in the jurisdiction and is funded and approved by the
25county board of the county where the offense was committed. The
26community service shall include, but need not be limited to,

 

 

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1the cleanup and repair of any damage caused by a violation of
2Section 21-1.3 of the Criminal Code of 1961 or the Criminal
3Code of 2012 and similar damage to property located in the
4municipality or county in which the violation occurred. When
5possible and reasonable, the community service shall be
6performed in the minor's neighborhood. This order shall be in
7addition to any other order authorized by this Section except
8for an order to place the minor in the custody of the
9Department of Juvenile Justice. For the purposes of this
10Section, "organized gang" has the meaning ascribed to it in
11Section 10 of the Illinois Streetgang Terrorism Omnibus
12Prevention Act.
13    (11) If the court determines that the offense was committed
14in furtherance of the criminal activities of an organized gang,
15as provided in subsection (10), and that the offense involved
16the operation or use of a motor vehicle or the use of a
17driver's license or permit, the court shall notify the
18Secretary of State of that determination and of the period for
19which the minor shall be denied driving privileges. If, at the
20time of the determination, the minor does not hold a driver's
21license or permit, the court shall provide that the minor shall
22not be issued a driver's license or permit until his or her
2318th birthday. If the minor holds a driver's license or permit
24at the time of the determination, the court shall provide that
25the minor's driver's license or permit shall be revoked until
26his or her 21st birthday, or until a later date or occurrence

 

 

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1determined by the court. If the minor holds a driver's license
2at the time of the determination, the court may direct the
3Secretary of State to issue the minor a judicial driving
4permit, also known as a JDP. The JDP shall be subject to the
5same terms as a JDP issued under Section 6-206.1 of the
6Illinois Vehicle Code, except that the court may direct that
7the JDP be effective immediately.
8    (12) (Blank).
9(Source: P.A. 100-201, eff. 8-18-17; 100-431, eff. 8-25-17;
10100-759, eff. 1-1-19; 101-2, eff. 7-1-19; 101-79, eff. 7-12-19;
11101-159, eff. 1-1-20; revised 8-8-19.)
 
12    (705 ILCS 405/5-720)
13    Sec. 5-720. Probation revocation.
14    (1) If a petition is filed charging a violation of a
15condition of probation or of conditional discharge, the court
16shall:
17        (a) order the minor to appear; or
18        (b) order the minor's detention if the court finds that
19    the detention is a matter of immediate and urgent necessity
20    for the protection of the minor or of the person or
21    property of another or that the minor is likely to flee the
22    jurisdiction of the court, provided that any such detention
23    shall be in a juvenile detention home and the minor so
24    detained shall be 13 10 years of age or older; and
25        (c) notify the persons named in the petition under

 

 

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1    Section 5-520, in accordance with the provisions of Section
2    5-530.
3    In making its detention determination under paragraph (b)
4of this subsection (1) of this Section, the court may use
5information in its findings offered at such a hearing by way of
6proffer based upon reliable information presented by the State,
7probation officer, or the minor. The filing of a petition for
8violation of a condition of probation or of conditional
9discharge shall toll the period of probation or of conditional
10discharge until the final determination of the charge, and the
11term of probation or conditional discharge shall not run until
12the hearing and disposition of the petition for violation.
13    (2) The court shall conduct a hearing of the alleged
14violation of probation or of conditional discharge. The minor
15shall not be held in detention longer than 15 days pending the
16determination of the alleged violation.
17    (3) At the hearing, the State shall have the burden of
18going forward with the evidence and proving the violation by a
19preponderance of the evidence. The evidence shall be presented
20in court with the right of confrontation, cross-examination,
21and representation by counsel.
22    (4) If the court finds that the minor has violated a
23condition at any time prior to the expiration or termination of
24the period of probation or conditional discharge, it may
25continue him or her on the existing sentence, with or without
26modifying or enlarging the conditions, or may revoke probation

 

 

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1or conditional discharge and impose any other sentence that was
2available under Section 5-710 at the time of the initial
3sentence.
4    (5) The conditions of probation and of conditional
5discharge may be reduced or enlarged by the court on motion of
6the probation officer or on its own motion or at the request of
7the minor after notice and hearing under this Section.
8    (6) Sentencing after revocation of probation or of
9conditional discharge shall be under Section 5-705.
10    (7) Instead of filing a violation of probation or of
11conditional discharge, the probation officer, with the
12concurrence of his or her supervisor, may serve on the minor a
13notice of intermediate sanctions. The notice shall contain the
14technical violation or violations involved, the date or dates
15of the violation or violations, and the intermediate sanctions
16to be imposed. Upon receipt of the notice, the minor shall
17immediately accept or reject the intermediate sanctions. If the
18sanctions are accepted, they shall be imposed immediately. If
19the intermediate sanctions are rejected or the minor does not
20respond to the notice, a violation of probation or of
21conditional discharge shall be immediately filed with the
22court. The State's Attorney and the sentencing court shall be
23notified of the notice of sanctions. Upon successful completion
24of the intermediate sanctions, a court may not revoke probation
25or conditional discharge or impose additional sanctions for the
26same violation. A notice of intermediate sanctions may not be

 

 

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1issued for any violation of probation or conditional discharge
2which could warrant an additional, separate felony charge.
3(Source: P.A. 90-590, eff. 1-1-99.)