103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3610

 

Introduced 2/9/2024, by Sen. Robert F. Martwick

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/13-44.4  from Ch. 122, par. 13-44.4
705 ILCS 405/5-710

    Amends the School Code. Deletes provisions stating that: the Department of Juvenile Justice School District Board of Education shall adopt an annual budget for the use of education moneys for the next school year which it deems necessary to defray all necessary expenses and liabilities of the district; the budget shall contain a statement of cash on hand at the beginning of the fiscal year, an estimate of the cash expected to be received during such fiscal year from all sources, an estimate of the expenditure contemplated for such fiscal year, and a statement of the estimated cash expected to be on hand at the end of such year; and this budget shall be submitted to the Department of Corrections and the State Board of Education for incorporation. Amends the Juvenile Court Act of 1987. Deletes a provision that permits a guilty minor to be committed to the Department of Juvenile Justice for an offense that is a Class 3 or Class 4 felony violation of the Illinois Controlled Substances Act if the commitment occurs upon a third or subsequent judicial finding of a violation of probation for substantial noncompliance with court-ordered treatment or programming. Effective immediately.


LRB103 36295 RLC 66392 b

 

 

A BILL FOR

 

SB3610LRB103 36295 RLC 66392 b

1    AN ACT concerning juveniles.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
513-44.4 as follows:
 
6    (105 ILCS 5/13-44.4)  (from Ch. 122, par. 13-44.4)
7    Sec. 13-44.4. Department of Corrections Reimbursement and
8Education Fund; budget. All moneys received from the Common
9School Fund, federal aid and grants, vocational and
10educational funds and grants, and gifts and grants by
11individuals, foundations and corporations for educational
12purposes shall be deposited into the Department of Corrections
13Reimbursement and Education Fund in the State Treasury. Moneys
14in the Department of Corrections Reimbursement and Education
15Fund may be used, subject to appropriation, to pay the expense
16of the schools and school district of the Department of
17Corrections together with and supplemental to regular
18appropriations to the Department for educational purposes,
19including, but not limited to, the cost of teacher salaries,
20supplies and materials, building upkeep and costs,
21transportation, scholarships, non-academic salaries,
22equipment and other school costs.
23    Beginning in 1972, the Board of Education shall, by

 

 

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1November 15, adopt an annual budget for the use of education
2moneys for the next school year which it deems necessary to
3defray all necessary expenses and liabilities of the district,
4and in such annual budget shall specify the objects and
5purposes of each item and the amount needed for each object or
6purpose. The budget shall contain a statement of cash on hand
7at the beginning of the fiscal year, an estimate of the cash
8expected to be received during such fiscal year from all
9sources, an estimate of the expenditure contemplated for such
10fiscal year, and a statement of the estimated cash expected to
11be on hand at the end of such year. Prior to the adoption of
12the annual educational budget, this budget shall be submitted
13to the Department of Corrections and the State Board of
14Education for incorporation.
15(Source: P.A. 90-9, eff. 7-1-97; 90-587, eff. 7-1-98.)
 
16    Section 10. The Juvenile Court Act of 1987 is amended by
17changing Section 5-710 as follows:
 
18    (705 ILCS 405/5-710)
19    Sec. 5-710. Kinds of sentencing orders.
20    (1) The following kinds of sentencing orders may be made
21in respect of wards of the court:
22        (a) Except as provided in Sections 5-805, 5-810, and
23    5-815, a minor who is found guilty under Section 5-620 may
24    be:

 

 

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1            (i) put on probation or conditional discharge and
2        released to the minor's parents, guardian or legal
3        custodian, provided, however, that any such minor who
4        is not committed to the Department of Juvenile Justice
5        under this subsection and who is found to be a
6        delinquent for an offense which is first degree
7        murder, a Class X felony, or a forcible felony shall be
8        placed on probation;
9            (ii) placed in accordance with Section 5-740, with
10        or without also being put on probation or conditional
11        discharge;
12            (iii) required to undergo a substance abuse
13        assessment conducted by a licensed provider and
14        participate in the indicated clinical level of care;
15            (iv) on and after January 1, 2015 (the effective
16        date of Public Act 98-803) and before January 1, 2017,
17        placed in the guardianship of the Department of
18        Children and Family Services, but only if the
19        delinquent minor is under 16 years of age or, pursuant
20        to Article II of this Act, a minor under the age of 18
21        for whom an independent basis of abuse, neglect, or
22        dependency exists. On and after January 1, 2017,
23        placed in the guardianship of the Department of
24        Children and Family Services, but only if the
25        delinquent minor is under 15 years of age or, pursuant
26        to Article II of this Act, a minor for whom an

 

 

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1        independent basis of abuse, neglect, or dependency
2        exists. An independent basis exists when the
3        allegations or adjudication of abuse, neglect, or
4        dependency do not arise from the same facts, incident,
5        or circumstances which give rise to a charge or
6        adjudication of delinquency;
7            (v) placed in detention for a period not to exceed
8        30 days, either as the exclusive order of disposition
9        or, where appropriate, in conjunction with any other
10        order of disposition issued under this paragraph,
11        provided that any such detention shall be in a
12        juvenile detention home and the minor so detained
13        shall be 10 years of age or older. However, the 30-day
14        limitation may be extended by further order of the
15        court for a minor under age 15 committed to the
16        Department of Children and Family Services if the
17        court finds that the minor is a danger to the minor or
18        others. The minor shall be given credit on the
19        sentencing order of detention for time spent in
20        detention under Sections 5-501, 5-601, 5-710, or 5-720
21        of this Article as a result of the offense for which
22        the sentencing order was imposed. The court may grant
23        credit on a sentencing order of detention entered
24        under a violation of probation or violation of
25        conditional discharge under Section 5-720 of this
26        Article for time spent in detention before the filing

 

 

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1        of the petition alleging the violation. A minor shall
2        not be deprived of credit for time spent in detention
3        before the filing of a violation of probation or
4        conditional discharge alleging the same or related act
5        or acts. The limitation that the minor shall only be
6        placed in a juvenile detention home does not apply as
7        follows:
8            Persons 18 years of age and older who have a
9        petition of delinquency filed against them may be
10        confined in an adult detention facility. In making a
11        determination whether to confine a person 18 years of
12        age or older who has a petition of delinquency filed
13        against the person, these factors, among other
14        matters, shall be considered:
15                (A) the age of the person;
16                (B) any previous delinquent or criminal
17            history of the person;
18                (C) any previous abuse or neglect history of
19            the person;
20                (D) any mental health history of the person;
21            and
22                (E) any educational history of the person;
23            (vi) ordered partially or completely emancipated
24        in accordance with the provisions of the Emancipation
25        of Minors Act;
26            (vii) subject to having the minor's driver's

 

 

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1        license or driving privileges suspended for such time
2        as determined by the court but only until the minor
3        attains 18 years of age;
4            (viii) put on probation or conditional discharge
5        and placed in detention under Section 3-6039 of the
6        Counties Code for a period not to exceed the period of
7        incarceration permitted by law for adults found guilty
8        of the same offense or offenses for which the minor was
9        adjudicated delinquent, and in any event no longer
10        than upon attainment of age 21; this subdivision
11        (viii) notwithstanding any contrary provision of the
12        law;
13            (ix) ordered to undergo a medical or other
14        procedure to have a tattoo symbolizing allegiance to a
15        street gang removed from the minor's body; or
16            (x) placed in electronic monitoring or home
17        detention under Part 7A of this Article.
18        (b) A minor found to be guilty may be committed to the
19    Department of Juvenile Justice under Section 5-750 if the
20    minor is at least 13 years and under 20 years of age,
21    provided that the commitment to the Department of Juvenile
22    Justice shall be made only if the minor was found guilty of
23    a felony offense or first degree murder. The court shall
24    include in the sentencing order any pre-custody credits
25    the minor is entitled to under Section 5-4.5-100 of the
26    Unified Code of Corrections. The time during which a minor

 

 

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1    is in custody before being released upon the request of a
2    parent, guardian or legal custodian shall also be
3    considered as time spent in custody.
4        (c) When a minor is found to be guilty for an offense
5    which is a violation of the Illinois Controlled Substances
6    Act, the Cannabis Control Act, or the Methamphetamine
7    Control and Community Protection Act and made a ward of
8    the court, the court may enter a disposition order
9    requiring the minor to undergo assessment, counseling or
10    treatment in a substance use disorder treatment program
11    approved by the Department of Human Services.
12    (2) Any sentencing order other than commitment to the
13Department of Juvenile Justice may provide for protective
14supervision under Section 5-725 and may include an order of
15protection under Section 5-730.
16    (3) Unless the sentencing order expressly so provides, it
17does not operate to close proceedings on the pending petition,
18but is subject to modification until final closing and
19discharge of the proceedings under Section 5-750.
20    (4) In addition to any other sentence, the court may order
21any minor found to be delinquent to make restitution, in
22monetary or non-monetary form, under the terms and conditions
23of Section 5-5-6 of the Unified Code of Corrections, except
24that the "presentencing hearing" referred to in that Section
25shall be the sentencing hearing for purposes of this Section.
26The parent, guardian or legal custodian of the minor may be

 

 

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1ordered by the court to pay some or all of the restitution on
2the minor's behalf, pursuant to the Parental Responsibility
3Law. The State's Attorney is authorized to act on behalf of any
4victim in seeking restitution in proceedings under this
5Section, up to the maximum amount allowed in Section 5 of the
6Parental Responsibility Law.
7    (5) Any sentencing order where the minor is committed or
8placed in accordance with Section 5-740 shall provide for the
9parents or guardian of the estate of the minor to pay to the
10legal custodian or guardian of the person of the minor such
11sums as are determined by the custodian or guardian of the
12person of the minor as necessary for the minor's needs. The
13payments may not exceed the maximum amounts provided for by
14Section 9.1 of the Children and Family Services Act.
15    (6) Whenever the sentencing order requires the minor to
16attend school or participate in a program of training, the
17truant officer or designated school official shall regularly
18report to the court if the minor is a chronic or habitual
19truant under Section 26-2a of the School Code. Notwithstanding
20any other provision of this Act, in instances in which
21educational services are to be provided to a minor in a
22residential facility where the minor has been placed by the
23court, costs incurred in the provision of those educational
24services must be allocated based on the requirements of the
25School Code.
26    (7) In no event shall a guilty minor be committed to the

 

 

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1Department of Juvenile Justice for a period of time in excess
2of that period for which an adult could be committed for the
3same act. The court shall include in the sentencing order a
4limitation on the period of confinement not to exceed the
5maximum period of imprisonment the court could impose under
6Chapter V of the Unified Code of Corrections.
7    (7.5) In no event shall a guilty minor be committed to the
8Department of Juvenile Justice or placed in detention when the
9act for which the minor was adjudicated delinquent would not
10be illegal if committed by an adult.
11    (7.6) In no event shall a guilty minor be committed to the
12Department of Juvenile Justice for an offense which is a Class
134 felony under Section 19-4 (criminal trespass to a
14residence), 21-1 (criminal damage to property), 21-1.01
15(criminal damage to government supported property), 21-1.3
16(criminal defacement of property), 26-1 (disorderly conduct),
17or 31-4 (obstructing justice) of the Criminal Code of 2012.
18    (7.75) In no event shall a guilty minor be committed to the
19Department of Juvenile Justice for an offense that is a Class 3
20or Class 4 felony violation of the Illinois Controlled
21Substances Act unless the commitment occurs upon a third or
22subsequent judicial finding of a violation of probation for
23substantial noncompliance with court-ordered treatment or
24programming.
25    (8) A minor found to be guilty for reasons that include a
26violation of Section 21-1.3 of the Criminal Code of 1961 or the

 

 

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1Criminal Code of 2012 shall be ordered to perform community
2service for not less than 30 and not more than 120 hours, if
3community service is available in the jurisdiction. The
4community service shall include, but need not be limited to,
5the cleanup and repair of the damage that was caused by the
6violation or similar damage to property located in the
7municipality or county in which the violation occurred. The
8order may be in addition to any other order authorized by this
9Section. Community service shall not interfere with the school
10hours, school-related activities, or work commitments of the
11minor or the minor's parent, guardian, or legal custodian.
12    (8.5) A minor found to be guilty for reasons that include a
13violation of Section 3.02 or Section 3.03 of the Humane Care
14for Animals Act or paragraph (d) of subsection (1) of Section
1521-1 of the Criminal Code of 1961 or paragraph (4) of
16subsection (a) of Section 21-1 of the Criminal Code of 2012
17shall be ordered to undergo medical or psychiatric treatment
18rendered by a psychiatrist or psychological treatment rendered
19by a clinical psychologist. The order may be in addition to any
20other order authorized by this Section.
21    (9) In addition to any other sentencing order, the court
22shall order any minor found to be guilty for an act which would
23constitute, predatory criminal sexual assault of a child,
24aggravated criminal sexual assault, criminal sexual assault,
25aggravated criminal sexual abuse, or criminal sexual abuse if
26committed by an adult to undergo medical testing to determine

 

 

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

 

 

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1shall be paid by the county.
2    (10) When a court finds a minor to be guilty the court
3shall, before entering a sentencing order under this Section,
4make a finding whether the offense committed either: (a) was
5related to or in furtherance of the criminal activities of an
6organized gang or was motivated by the minor's membership in
7or allegiance to an organized gang, or (b) involved a
8violation of subsection (a) of Section 12-7.1 of the Criminal
9Code of 1961 or the Criminal Code of 2012, a violation of any
10Section of Article 24 of the Criminal Code of 1961 or the
11Criminal Code of 2012, or a violation of any statute that
12involved the wrongful use of a firearm. If the court
13determines the question in the affirmative, and the court does
14not commit the minor to the Department of Juvenile Justice,
15the court shall order the minor to perform community service
16for not less than 30 hours nor more than 120 hours, provided
17that community service is available in the jurisdiction and is
18funded and approved by the county board of the county where the
19offense was committed. The community service shall include,
20but need not be limited to, the cleanup and repair of any
21damage caused by a violation of Section 21-1.3 of the Criminal
22Code of 1961 or the Criminal Code of 2012 and similar damage to
23property located in the municipality or county in which the
24violation occurred. When possible and reasonable, the
25community service shall be performed in the minor's
26neighborhood. This order shall be in addition to any other

 

 

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1order authorized by this Section except for an order to place
2the minor in the custody of the Department of Juvenile
3Justice. Community service shall not interfere with the school
4hours, school-related activities, or work commitments of the
5minor or the minor's parent, guardian, or legal custodian. For
6the purposes of this Section, "organized gang" has the meaning
7ascribed to it in Section 10 of the Illinois Streetgang
8Terrorism Omnibus Prevention Act.
9    (11) If the court determines that the offense was
10committed in furtherance of the criminal activities of an
11organized gang, as provided in subsection (10), and that the
12offense involved the operation or use of a motor vehicle or the
13use of a driver's license or permit, the court shall notify the
14Secretary of State of that determination and of the period for
15which the minor shall be denied driving privileges. If, at the
16time of the determination, the minor does not hold a driver's
17license or permit, the court shall provide that the minor
18shall not be issued a driver's license or permit until the
19minor's 18th birthday. If the minor holds a driver's license
20or permit at the time of the determination, the court shall
21provide that the minor's driver's license or permit shall be
22revoked until the minor's 21st birthday, or until a later date
23or occurrence determined by the court. If the minor holds a
24driver's license at the time of the determination, the court
25may direct the Secretary of State to issue the minor a judicial
26driving permit, also known as a JDP. The JDP shall be subject

 

 

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1to the same terms as a JDP issued under Section 6-206.1 of the
2Illinois Vehicle Code, except that the court may direct that
3the JDP be effective immediately.
4    (12) (Blank).
5    (13) Fines and assessments, including any fee or
6administrative cost authorized under Section 5-4.5-105,
75-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the
8Unified Code of Corrections, relating to any sentencing order
9shall not be ordered or imposed on a minor or the minor's
10parent, guardian, or legal custodian. The inability of a
11minor, or minor's parent, guardian, or legal custodian, to
12cover the costs associated with an appropriate sentencing
13order shall not be the basis for the court to enter a
14sentencing order incongruent with the court's findings
15regarding the offense on which the minor was adjudicated or
16the mitigating factors.
17(Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23;
18103-379, eff. 7-28-23; revised 8-25-23.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.