HB3767 EngrossedLRB102 15041 KMF 20396 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,
20powers and duties established in subparagraph (3) of paragraph
21(a) of Section 223 of the Federal "Juvenile Justice and
22Delinquency Prevention Act of 1974", as now or hereafter
23amended. The Commission shall determine the priorities for

 

 

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1expenditure of funds made available to the State by the
2Federal Government pursuant to that Act. The Commission shall
3have the following powers 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
14    to 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
2    propose a funding structure to accommodate the expansion
3    of the jurisdiction of the Illinois Juvenile Court to
4    include youth age 17 under the jurisdiction of the
5    Juvenile Court Act of 1987. The Commission shall submit a
6    report by 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
12duties are transferred to the Illinois Juvenile Justice
13Commission as provided in paragraph (6) of subsection (a) of
14this Section.
15(Source: P.A. 96-1199, eff. 1-1-11.)
 
16    Section 10. The Juvenile Court Act of 1987 is amended by
17changing Sections 5-410, 5-710, and 5-720 as follows:
 
18    (705 ILCS 405/5-410)
19    Sec. 5-410. Non-secure custody or detention.
20    (1) Placement of a minor away from his or her home must be
21the last resort and be the least restrictive alternative
22available. Any minor arrested or taken into custody pursuant
23to this Act who requires care away from his or her home but who
24does not require physical restriction shall be given temporary

 

 

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1care in a foster family home or other shelter facility
2designated by the court.
3    (2) (a) On and after July 1, 2021, except for paragraphs
4(a-1) and (a-2) of this subsection (2), any minor 13 years of
5age or older arrested under this Act where there is probable
6cause to believe that the minor is a delinquent minor and that
7secure custody is a matter of immediate and urgent necessity
8in light of a serious threat to the physical safety of a person
9or persons in the community or to secure the presence of the
10minor at the next hearing, as evidenced by a demonstrable
11record of willful failure to appear at a scheduled court
12hearing within the last 12 months, may be kept or detained in
13an authorized detention facility. Any minor 10 years of age or
14older arrested pursuant to this Act where there is probable
15cause to believe that the minor is a delinquent minor and that
16(i) secure custody is a matter of immediate and urgent
17necessity for the protection of the minor or of the person or
18property of another, (ii) the minor is likely to flee the
19jurisdiction of the court, or (iii) the minor was taken into
20custody under a warrant, may be kept or detained in an
21authorized detention facility. A minor under 13 years of age
22shall not be admitted, kept, or detained in a detention
23facility unless a local youth service provider, including a
24provider through the Comprehensive Community Based Youth
25Services network, has been contacted and has not been able to
26accept the minor. No minor under 12 years of age shall be

 

 

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1detained in a county jail or a municipal lockup for more than 6
2hours.
3    (a-1) Until July 1, 2022, any minor 11 years of age or
4older arrested under this Act where there is probable cause to
5believe that the minor is a delinquent minor and that secure
6custody is a matter of immediate and urgent necessity in light
7of a serious threat to the physical safety of a person or
8persons in the community or to secure the presence of the minor
9at the next hearing, as evidenced by a demonstrable record of
10willful failure to appear at a scheduled court hearing within
11the last 12 months, may be kept or detained in an authorized
12detention facility. Prior to July 1, 2022, a minor aged 11
13years old shall not be detained unless appropriate local
14service providers, such as crisis intervention services
15through Comprehensive Community Based Youth Services Network
16or a local behavioral health service, have been contacted and
17given an opportunity to develop an alternative to detention.
18Until July 1, 2022, probation shall document and share on a
19monthly basis with the Illinois Juvenile Justice Commission
20each instance when alternatives to detention fail for a minor
21aged 11, including the basis for detention, the providers that
22were contacted, and the reason alternatives were rejected.
23    (a-2) Until July 1, 2023, any minor 12 years of age or
24older arrested under this Act where there is probable cause to
25believe that the minor is a delinquent minor and that secure
26custody is a matter of immediate and urgent necessity in light

 

 

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1of a serious threat to the physical safety of a person or
2persons in the community or to secure the presence of the minor
3at the next hearing, as evidenced by a demonstrable record of
4willful failure to appear at a scheduled court hearing within
5the last 12 months, may be kept or detained in an authorized
6detention facility. Prior to July 1, 2023, a minor aged 12
7years old shall not be detained unless appropriate local
8service providers, such as crisis intervention services
9through Comprehensive Community Based Youth Services Network
10or a local behavioral health service, have been contacted and
11given an opportunity to develop an alternative to detention.
12Until July 1, 2023, probation shall document and share on a
13monthly basis with the Illinois Juvenile Justice Commission
14each instance when alternatives to detention fail for a minor
15aged 12, including the basis for detention, the providers that
16were contacted, and the reason alternatives were rejected.
17    (a-5) For a minor arrested or taken into custody for
18vehicular hijacking or aggravated vehicular hijacking, a
19previous finding of delinquency for vehicular hijacking or
20aggravated vehicular hijacking shall be given greater weight
21in determining whether secured custody of a minor is a matter
22of immediate and urgent necessity for the protection of the
23minor or of the person or property of another.
24    (a-10) It is the goal of this Act to ensure that detention
25is the last resort and for as short a time as possible. On and
26after July 1, 2021, any minor 13 years of age or older arrested

 

 

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1under this Act where there is probable cause to believe that
2the minor is a delinquent minor and that (i) secure custody is
3a matter of immediate and urgent necessity in light of a
4serious threat to the physical safety of a person or persons in
5the community or to secure the presence of the minor at the
6next hearing, as evidenced by a demonstrable record of willful
7failure to appear at a scheduled court hearing within the last
812 months, may be kept or detained in an authorized detention
9facility.
10    (b) The written authorization of the probation officer or
11detention officer (or other public officer designated by the
12court in a county having 3,000,000 or more inhabitants)
13constitutes authority for the superintendent of any juvenile
14detention home to detain and keep a minor for up to 40 hours,
15excluding Saturdays, Sundays, and court-designated holidays.
16These records shall be available to the same persons and
17pursuant to the same conditions as are law enforcement records
18as provided in Section 5-905.
19    (b-4) The consultation required by paragraph (b-5) shall
20not be applicable if the probation officer or detention
21officer (or other public officer designated by the court in a
22county having 3,000,000 or more inhabitants) utilizes a
23scorable detention screening instrument, which has been
24developed with input by the State's Attorney, to determine
25whether a minor should be detained, however, paragraph (b-5)
26shall still be applicable where no such screening instrument

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1the direct and constant supervision of a juvenile police
2officer. During such time as is necessary to conduct a lineup,
3and while supervised by a juvenile police officer, the sight
4and sound separation provisions shall not apply.
5    (g) For purposes of processing a minor, the minor may be
6taken to a county jail or municipal lockup under the direct and
7constant supervision of a law enforcement officer or
8correctional officer. During such time as is necessary to
9process the minor, and while supervised by a law enforcement
10officer or correctional officer, the sight and sound
11separation provisions shall not apply.
12    (3) If the probation officer or State's Attorney (or such
13other public officer designated by the court in a county
14having 3,000,000 or more inhabitants) determines that the
15minor may be a delinquent minor as described in subsection (3)
16of Section 5-105, and should be retained in custody but does
17not require physical restriction, the minor may be placed in
18non-secure custody for up to 40 hours pending a detention
19hearing.
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
6in respect 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
16        murder, a Class X felony, or a forcible felony shall be
17        placed 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,
8        placed in the guardianship of the Department of
9        Children and Family Services, but only if the
10        delinquent minor is under 15 years of age or, pursuant
11        to Article II of this Act, a minor for whom an
12        independent basis of abuse, neglect, or dependency
13        exists. An independent basis exists when the
14        allegations or adjudication of abuse, neglect, or
15        dependency do not arise from the same facts, incident,
16        or circumstances which give rise to a charge or
17        adjudication of delinquency;
18            (v) placed in detention for a period not to exceed
19        30 days, either as the exclusive order of disposition
20        or, where appropriate, in conjunction with any other
21        order of disposition issued under this paragraph,
22        provided that any such detention shall be in a
23        juvenile detention home and the minor so detained
24        shall be 13 10 years of age or older. However, the
25        30-day limitation may be extended by further order of
26        the court for a minor under age 15 committed to the

 

 

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

 

 

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

 

 

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1            (x) placed in electronic monitoring or home
2        detention under Part 7A of this Article.
3        (b) A minor found to be guilty may be committed to the
4    Department of Juvenile Justice under Section 5-750 if the
5    minor is at least 13 years and under 20 years of age,
6    provided that the commitment to the Department of Juvenile
7    Justice shall be made only if the minor was found guilty of
8    a felony offense or first degree murder. The court shall
9    include in the sentencing order any pre-custody credits
10    the minor is entitled to under Section 5-4.5-100 of the
11    Unified Code of Corrections. The time during which a minor
12    is in custody before being released upon the request of a
13    parent, guardian or legal custodian shall also be
14    considered as time spent in custody.
15        (c) When a minor is found to be guilty for an offense
16    which is a violation of the Illinois Controlled Substances
17    Act, the Cannabis Control Act, or the Methamphetamine
18    Control and Community Protection Act and made a ward of
19    the court, the court may enter a disposition order
20    requiring the minor to undergo assessment, counseling or
21    treatment in a substance use disorder treatment program
22    approved by the Department of Human Services.
23    (2) Any sentencing order other than commitment to the
24Department of Juvenile Justice may provide for protective
25supervision under Section 5-725 and may include an order of
26protection under Section 5-730.

 

 

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

 

 

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1attend school or participate in a program of training, the
2truant officer or designated school official shall regularly
3report to the court if the minor is a chronic or habitual
4truant under Section 26-2a of the School Code. Notwithstanding
5any other provision of this Act, in instances in which
6educational services are to be provided to a minor in a
7residential facility where the minor has been placed by the
8court, costs incurred in the provision of those educational
9services must be allocated based on the requirements of the
10School Code.
11    (7) In no event shall a guilty minor be committed to the
12Department of Juvenile Justice for a period of time in excess
13of that period for which an adult could be committed for the
14same act. The court shall include in the sentencing order a
15limitation on the period of confinement not to exceed the
16maximum period of imprisonment the court could impose under
17Chapter V 5 of the Unified Code of Corrections.
18    (7.5) In no event shall a guilty minor be committed to the
19Department of Juvenile Justice or placed in detention when the
20act for which the minor was adjudicated delinquent would not
21be illegal if committed by an adult.
22    (7.6) In no event shall a guilty minor be committed to the
23Department of Juvenile Justice for an offense which is a Class
244 felony under Section 19-4 (criminal trespass to a
25residence), 21-1 (criminal damage to property), 21-1.01
26(criminal damage to government supported property), 21-1.3

 

 

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1(criminal defacement of property), 26-1 (disorderly conduct),
2or 31-4 (obstructing justice) of the Criminal Code of 2012.
3    (7.75) In no event shall a guilty minor be committed to the
4Department of Juvenile Justice for an offense that is a Class 3
5or Class 4 felony violation of the Illinois Controlled
6Substances Act unless the commitment occurs upon a third or
7subsequent judicial finding of a violation of probation for
8substantial noncompliance with court-ordered treatment or
9programming.
10    (8) A minor found to be guilty for reasons that include a
11violation of Section 21-1.3 of the Criminal Code of 1961 or the
12Criminal Code of 2012 shall be ordered to perform community
13service for not less than 30 and not more than 120 hours, if
14community service is available in the jurisdiction. The
15community service shall include, but need not be limited to,
16the cleanup and repair of the damage that was caused by the
17violation or similar damage to property located in the
18municipality or county in which the violation occurred. The
19order may be in addition to any other order authorized by this
20Section.
21    (8.5) A minor found to be guilty for reasons that include a
22violation of Section 3.02 or Section 3.03 of the Humane Care
23for Animals Act or paragraph (d) of subsection (1) of Section
2421-1 of the Criminal Code of 1961 or paragraph (4) of
25subsection (a) of Section 21-1 of the Criminal Code of 2012
26shall be ordered to undergo medical or psychiatric treatment

 

 

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

 

 

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1also notify the victim if requested by the victim, and if the
2victim is under the age of 15 and if requested by the victim's
3parents or legal guardian, the court shall notify the victim's
4parents or the legal guardian, of the results of the test for
5infection with the human immunodeficiency virus (HIV). The
6court shall provide information on the availability of HIV
7testing and counseling at the Department of Public Health
8facilities to all parties to whom the results of the testing
9are revealed. The court shall order that the cost of any test
10shall be paid by the county and may be taxed as costs against
11the minor.
12    (10) When a court finds a minor to be guilty the court
13shall, before entering a sentencing order under this Section,
14make a finding whether the offense committed either: (a) was
15related to or in furtherance of the criminal activities of an
16organized gang or was motivated by the minor's membership in
17or allegiance to an organized gang, or (b) involved a
18violation of subsection (a) of Section 12-7.1 of the Criminal
19Code of 1961 or the Criminal Code of 2012, a violation of any
20Section of Article 24 of the Criminal Code of 1961 or the
21Criminal Code of 2012, or a violation of any statute that
22involved the wrongful use of a firearm. If the court
23determines the question in the affirmative, and the court does
24not commit the minor to the Department of Juvenile Justice,
25the court shall order the minor to perform community service
26for not less than 30 hours nor more than 120 hours, provided

 

 

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1that community service is available in the jurisdiction and is
2funded and approved by the county board of the county where the
3offense was committed. The community service shall include,
4but need not be limited to, the cleanup and repair of any
5damage caused by a violation of Section 21-1.3 of the Criminal
6Code of 1961 or the Criminal Code of 2012 and similar damage to
7property located in the municipality or county in which the
8violation occurred. When possible and reasonable, the
9community service shall be performed in the minor's
10neighborhood. This order shall be in addition to any other
11order authorized by this Section except for an order to place
12the minor in the custody of the Department of Juvenile
13Justice. For the purposes of this Section, "organized gang"
14has the meaning ascribed to it in Section 10 of the Illinois
15Streetgang Terrorism Omnibus Prevention Act.
16    (11) If the court determines that the offense was
17committed in furtherance of the criminal activities of an
18organized gang, as provided in subsection (10), and that the
19offense involved the operation or use of a motor vehicle or the
20use of a driver's license or permit, the court shall notify the
21Secretary of State of that determination and of the period for
22which the minor shall be denied driving privileges. If, at the
23time of the determination, the minor does not hold a driver's
24license or permit, the court shall provide that the minor
25shall not be issued a driver's license or permit until his or
26her 18th birthday. If the minor holds a driver's license or

 

 

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1permit at the time of the determination, the court shall
2provide that the minor's driver's license or permit shall be
3revoked until his or her 21st birthday, or until a later date
4or occurrence determined by the court. If the minor holds a
5driver's license at the time of the determination, the court
6may direct the Secretary of State to issue the minor a judicial
7driving permit, also known as a JDP. The JDP shall be subject
8to the same terms as a JDP issued under Section 6-206.1 of the
9Illinois Vehicle Code, except that the court may direct that
10the JDP be effective immediately.
11    (12) (Blank).
12(Source: P.A. 100-201, eff. 8-18-17; 100-431, eff. 8-25-17;
13100-759, eff. 1-1-19; 101-2, eff. 7-1-19; 101-79, eff.
147-12-19; 101-159, eff. 1-1-20; revised 8-8-19.)
 
15    (705 ILCS 405/5-720)
16    Sec. 5-720. Probation revocation.
17    (1) If a petition is filed charging a violation of a
18condition of probation or of conditional discharge, the court
19shall:
20        (a) order the minor to appear; or
21        (b) order the minor's detention if the court finds
22    that the detention is a matter of immediate and urgent
23    necessity for the protection of the minor or of the person
24    or property of another or that the minor is likely to flee
25    the jurisdiction of the court, provided that any such

 

 

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1    detention shall be in a juvenile detention home and the
2    minor so detained shall be 13 10 years of age or older; and
3        (c) notify the persons named in the petition under
4    Section 5-520, in accordance with the provisions of
5    Section 5-530.
6    In making its detention determination under paragraph (b)
7of this subsection (1) of this Section, the court may use
8information in its findings offered at such a hearing by way of
9proffer based upon reliable information presented by the
10State, probation officer, or the minor. The filing of a
11petition for violation of a condition of probation or of
12conditional discharge shall toll the period of probation or of
13conditional discharge until the final determination of the
14charge, and the term of probation or conditional discharge
15shall not run until the hearing and disposition of the
16petition for violation.
17    (2) The court shall conduct a hearing of the alleged
18violation of probation or of conditional discharge. The minor
19shall not be held in detention longer than 15 days pending the
20determination of the alleged violation.
21    (3) At the hearing, the State shall have the burden of
22going forward with the evidence and proving the violation by a
23preponderance of the evidence. The evidence shall be presented
24in court with the right of confrontation, cross-examination,
25and representation by counsel.
26    (4) If the court finds that the minor has violated a

 

 

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1condition at any time prior to the expiration or termination
2of the period of probation or conditional discharge, it may
3continue him or her on the existing sentence, with or without
4modifying or enlarging the conditions, or may revoke probation
5or conditional discharge and impose any other sentence that
6was available under Section 5-710 at the time of the initial
7sentence.
8    (5) The conditions of probation and of conditional
9discharge may be reduced or enlarged by the court on motion of
10the probation officer or on its own motion or at the request of
11the minor after notice and hearing under this Section.
12    (6) Sentencing after revocation of probation or of
13conditional discharge shall be under Section 5-705.
14    (7) Instead of filing a violation of probation or of
15conditional discharge, the probation officer, with the
16concurrence of his or her supervisor, may serve on the minor a
17notice of intermediate sanctions. The notice shall contain the
18technical violation or violations involved, the date or dates
19of the violation or violations, and the intermediate sanctions
20to be imposed. Upon receipt of the notice, the minor shall
21immediately accept or reject the intermediate sanctions. If
22the sanctions are accepted, they shall be imposed immediately.
23If the intermediate sanctions are rejected or the minor does
24not respond to the notice, a violation of probation or of
25conditional discharge shall be immediately filed with the
26court. The State's Attorney and the sentencing court shall be

 

 

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1notified of the notice of sanctions. Upon successful
2completion of the intermediate sanctions, a court may not
3revoke probation or conditional discharge or impose additional
4sanctions for the same violation. A notice of intermediate
5sanctions may not be issued for any violation of probation or
6conditional discharge which could warrant an additional,
7separate felony charge.
8(Source: P.A. 90-590, eff. 1-1-99.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.