97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0086

 

Introduced 1/12/2011, by Rep. Annazette Collins

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-615
705 ILCS 405/5-715

    Amends the Juvenile Court Act of 1987. Eliminates the provision that the State's Attorney may object to a court order of continuance under supervision. Provides that at the successful completion of probation of a first time offender only, a minor may move to vacate a finding of delinquency. Provides that unless good cause is shown, such motion to vacate must be filed within 30 days of the entry of the order terminating probation or discharging the minor. Establishes conditions and factors under which a court may vacate a finding of delinquency. Provides that once a motion to vacate a finding of delinquency has been granted, the case shall be treated as if it never occurred and, the person may not be required to disclose that he or she had a juvenile record. Provides that the amendatory Act shall govern all motions pending at the time of its effective date. Effective immediately.


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A BILL FOR

 

HB0086LRB097 05052 RLC 45092 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 Juvenile Court Act of 1987 is amended by
5changing Sections 5-615 and 5-715 as follows:
 
6    (705 ILCS 405/5-615)
7    Sec. 5-615. Continuance under supervision.
8    (1) The court may enter an order of continuance under
9supervision for an offense other than first degree murder, a
10Class X felony or a forcible felony (a) upon an admission or
11stipulation by the appropriate respondent or minor respondent
12of the facts supporting the petition and before proceeding to
13adjudication, or after hearing the evidence at the trial, and
14(b) in the absence of objection made in open court by the
15minor, his or her parent, guardian, or legal custodian, or the
16minor's attorney or the State's Attorney.
17    (2) If the minor, his or her parent, guardian, or legal
18custodian, or the minor's attorney or State's Attorney objects
19in open court to any continuance and insists upon proceeding to
20findings and adjudication, the court shall so proceed.
21    (3) Nothing in this Section limits the power of the court
22to order a continuance of the hearing for the production of
23additional evidence or for any other proper reason.

 

 

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1    (4) When a hearing where a minor is alleged to be a
2delinquent is continued pursuant to this Section, the period of
3continuance under supervision may not exceed 24 months. The
4court may terminate a continuance under supervision at any time
5if warranted by the conduct of the minor and the ends of
6justice.
7    (5) When a hearing where a minor is alleged to be
8delinquent is continued pursuant to this Section, the court
9may, as conditions of the continuance under supervision,
10require the minor to do any of the following:
11        (a) not violate any criminal statute of any
12    jurisdiction;
13        (b) make a report to and appear in person before any
14    person or agency as directed by the court;
15        (c) work or pursue a course of study or vocational
16    training;
17        (d) undergo medical or psychotherapeutic treatment
18    rendered by a therapist licensed under the provisions of
19    the Medical Practice Act of 1987, the Clinical Psychologist
20    Licensing Act, or the Clinical Social Work and Social Work
21    Practice Act, or an entity licensed by the Department of
22    Human Services as a successor to the Department of
23    Alcoholism and Substance Abuse, for the provision of drug
24    addiction and alcoholism treatment;
25        (e) attend or reside in a facility established for the
26    instruction or residence of persons on probation;

 

 

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1        (f) support his or her dependents, if any;
2        (g) pay costs;
3        (h) refrain from possessing a firearm or other
4    dangerous weapon, or an automobile;
5        (i) permit the probation officer to visit him or her at
6    his or her home or elsewhere;
7        (j) reside with his or her parents or in a foster home;
8        (k) attend school;
9        (k-5) with the consent of the superintendent of the
10    facility, attend an educational program at a facility other
11    than the school in which the offense was committed if he or
12    she committed a crime of violence as defined in Section 2
13    of the Crime Victims Compensation Act in a school, on the
14    real property comprising a school, or within 1,000 feet of
15    the real property comprising a school;
16        (l) attend a non-residential program for youth;
17        (m) contribute to his or her own support at home or in
18    a foster home;
19        (n) perform some reasonable public or community
20    service;
21        (o) make restitution to the victim, in the same manner
22    and under the same conditions as provided in subsection (4)
23    of Section 5-710, except that the "sentencing hearing"
24    referred to in that Section shall be the adjudicatory
25    hearing for purposes of this Section;
26        (p) comply with curfew requirements as designated by

 

 

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1    the court;
2        (q) refrain from entering into a designated geographic
3    area except upon terms as the court finds appropriate. The
4    terms may include consideration of the purpose of the
5    entry, the time of day, other persons accompanying the
6    minor, and advance approval by a probation officer;
7        (r) refrain from having any contact, directly or
8    indirectly, with certain specified persons or particular
9    types of persons, including but not limited to members of
10    street gangs and drug users or dealers;
11        (r-5) undergo a medical or other procedure to have a
12    tattoo symbolizing allegiance to a street gang removed from
13    his or her body;
14        (s) refrain from having in his or her body the presence
15    of any illicit drug prohibited by the Cannabis Control Act,
16    the Illinois Controlled Substances Act, or the
17    Methamphetamine Control and Community Protection Act,
18    unless prescribed by a physician, and submit samples of his
19    or her blood or urine or both for tests to determine the
20    presence of any illicit drug; or
21        (t) comply with any other conditions as may be ordered
22    by the court.
23    (6) A minor whose case is continued under supervision under
24subsection (5) shall be given a certificate setting forth the
25conditions imposed by the court. Those conditions may be
26reduced, enlarged, or modified by the court on motion of the

 

 

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1probation officer or on its own motion, or that of the State's
2Attorney, or, at the request of the minor after notice and
3hearing.
4    (7) If a petition is filed charging a violation of a
5condition of the continuance under supervision, the court shall
6conduct a hearing. If the court finds that a condition of
7supervision has not been fulfilled, the court may proceed to
8findings and adjudication and disposition. The filing of a
9petition for violation of a condition of the continuance under
10supervision shall toll the period of continuance under
11supervision until the final determination of the charge, and
12the term of the continuance under supervision shall not run
13until the hearing and disposition of the petition for
14violation; provided where the petition alleges conduct that
15does not constitute a criminal offense, the hearing must be
16held within 30 days of the filing of the petition unless a
17delay shall continue the tolling of the period of continuance
18under supervision for the period of the delay.
19    (8) When a hearing in which a minor is alleged to be a
20delinquent for reasons that include a violation of Section
2121-1.3 of the Criminal Code of 1961 is continued under this
22Section, the court shall, as a condition of the continuance
23under supervision, require the minor to perform community
24service for not less than 30 and not more than 120 hours, if
25community service is available in the jurisdiction. The
26community service shall include, but need not be limited to,

 

 

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1the cleanup and repair of the damage that was caused by the
2alleged violation or similar damage to property located in the
3municipality or county in which the alleged violation occurred.
4The condition may be in addition to any other condition.
5    (8.5) When a hearing in which a minor is alleged to be a
6delinquent for reasons that include a violation of Section 3.02
7or Section 3.03 of the Humane Care for Animals Act or paragraph
8(d) of subsection (1) of Section 21-1 of the Criminal Code of
91961 is continued under this Section, the court shall, as a
10condition of the continuance under supervision, require the
11minor to undergo medical or psychiatric treatment rendered by a
12psychiatrist or psychological treatment rendered by a clinical
13psychologist. The condition may be in addition to any other
14condition.
15    (9) When a hearing in which a minor is alleged to be a
16delinquent is continued under this Section, the court, before
17continuing the case, shall make a finding whether the offense
18alleged to have been committed either: (i) was related to or in
19furtherance of the activities of an organized gang or was
20motivated by the minor's membership in or allegiance to an
21organized gang, or (ii) is a violation of paragraph (13) of
22subsection (a) of Section 12-2 of the Criminal Code of 1961, a
23violation of any Section of Article 24 of the Criminal Code of
241961, or a violation of any statute that involved the unlawful
25use of a firearm. If the court determines the question in the
26affirmative the court shall, as a condition of the continuance

 

 

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1under supervision and as part of or in addition to any other
2condition of the supervision, require the minor to perform
3community service for not less than 30 hours, provided that
4community service is available in the jurisdiction and is
5funded and approved by the county board of the county where the
6offense was committed. The community service shall include, but
7need not be limited to, the cleanup and repair of any damage
8caused by an alleged violation of Section 21-1.3 of the
9Criminal Code of 1961 and similar damage to property located in
10the municipality or county in which the alleged violation
11occurred. When possible and reasonable, the community service
12shall be performed in the minor's neighborhood. For the
13purposes of this Section, "organized gang" has the meaning
14ascribed to it in Section 10 of the Illinois Streetgang
15Terrorism Omnibus Prevention Act.
16    (10) The court shall impose upon a minor placed on
17supervision, as a condition of the supervision, a fee of $50
18for each month of supervision ordered by the court, unless
19after determining the inability of the minor placed on
20supervision to pay the fee, the court assesses a lesser amount.
21The court may not impose the fee on a minor who is made a ward
22of the State under this Act while the minor is in placement.
23The fee shall be imposed only upon a minor who is actively
24supervised by the probation and court services department. A
25court may order the parent, guardian, or legal custodian of the
26minor to pay some or all of the fee on the minor's behalf.

 

 

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1    (11) If a minor is placed on supervision for a violation of
2subsection (a-7) of Section 1 of the Prevention of Tobacco Use
3by Minors Act, the court may, in its discretion, and upon
4recommendation by the State's Attorney, order that minor and
5his or her parents or legal guardian to attend a smoker's
6education or youth diversion program as defined in that Act if
7that program is available in the jurisdiction where the
8offender resides. Attendance at a smoker's education or youth
9diversion program shall be time-credited against any community
10service time imposed for any first violation of subsection
11(a-7) of Section 1 of that Act. In addition to any other
12penalty that the court may impose for a violation of subsection
13(a-7) of Section 1 of that Act, the court, upon request by the
14State's Attorney, may in its discretion require the offender to
15remit a fee for his or her attendance at a smoker's education
16or youth diversion program.
17    For purposes of this Section, "smoker's education program"
18or "youth diversion program" includes, but is not limited to, a
19seminar designed to educate a person on the physical and
20psychological effects of smoking tobacco products and the
21health consequences of smoking tobacco products that can be
22conducted with a locality's youth diversion program.
23    In addition to any other penalty that the court may impose
24under this subsection (11):
25        (a) If a minor violates subsection (a-7) of Section 1
26    of the Prevention of Tobacco Use by Minors Act, the court

 

 

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1    may impose a sentence of 15 hours of community service or a
2    fine of $25 for a first violation.
3        (b) A second violation by a minor of subsection (a-7)
4    of Section 1 of that Act that occurs within 12 months after
5    the first violation is punishable by a fine of $50 and 25
6    hours of community service.
7        (c) A third or subsequent violation by a minor of
8    subsection (a-7) of Section 1 of that Act that occurs
9    within 12 months after the first violation is punishable by
10    a $100 fine and 30 hours of community service.
11        (d) Any second or subsequent violation not within the
12    12-month time period after the first violation is
13    punishable as provided for a first violation.
14(Source: P.A. 96-179, eff. 8-10-09; 96-1414, eff. 1-1-11.)
 
15    (705 ILCS 405/5-715)
16    Sec. 5-715. Probation.
17    (1) The period of probation or conditional discharge shall
18not exceed 5 years or until the minor has attained the age of
1921 years, whichever is less, except as provided in this Section
20for a minor who is found to be guilty for an offense which is
21first degree murder, a Class X felony or a forcible felony. The
22juvenile court may terminate probation or conditional
23discharge and discharge the minor at any time if warranted by
24the conduct of the minor and the ends of justice; provided,
25however, that the period of probation for a minor who is found

 

 

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1to be guilty for an offense which is first degree murder, a
2Class X felony, or a forcible felony shall be at least 5 years.
3    (2) The court may as a condition of probation or of
4conditional discharge require that the minor:
5        (a) not violate any criminal statute of any
6    jurisdiction;
7        (b) make a report to and appear in person before any
8    person or agency as directed by the court;
9        (c) work or pursue a course of study or vocational
10    training;
11        (d) undergo medical or psychiatric treatment, rendered
12    by a psychiatrist or psychological treatment rendered by a
13    clinical psychologist or social work services rendered by a
14    clinical social worker, or treatment for drug addiction or
15    alcoholism;
16        (e) attend or reside in a facility established for the
17    instruction or residence of persons on probation;
18        (f) support his or her dependents, if any;
19        (g) refrain from possessing a firearm or other
20    dangerous weapon, or an automobile;
21        (h) permit the probation officer to visit him or her at
22    his or her home or elsewhere;
23        (i) reside with his or her parents or in a foster home;
24        (j) attend school;
25        (j-5) with the consent of the superintendent of the
26    facility, attend an educational program at a facility other

 

 

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1    than the school in which the offense was committed if he or
2    she committed a crime of violence as defined in Section 2
3    of the Crime Victims Compensation Act in a school, on the
4    real property comprising a school, or within 1,000 feet of
5    the real property comprising a school;
6        (k) attend a non-residential program for youth;
7        (l) make restitution under the terms of subsection (4)
8    of Section 5-710;
9        (m) contribute to his or her own support at home or in
10    a foster home;
11        (n) perform some reasonable public or community
12    service;
13        (o) participate with community corrections programs
14    including unified delinquency intervention services
15    administered by the Department of Human Services subject to
16    Section 5 of the Children and Family Services Act;
17        (p) pay costs;
18        (q) serve a term of home confinement. In addition to
19    any other applicable condition of probation or conditional
20    discharge, the conditions of home confinement shall be that
21    the minor:
22            (i) remain within the interior premises of the
23        place designated for his or her confinement during the
24        hours designated by the court;
25            (ii) admit any person or agent designated by the
26        court into the minor's place of confinement at any time

 

 

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1        for purposes of verifying the minor's compliance with
2        the conditions of his or her confinement; and
3            (iii) use an approved electronic monitoring device
4        if ordered by the court subject to Article 8A of
5        Chapter V of the Unified Code of Corrections;
6        (r) refrain from entering into a designated geographic
7    area except upon terms as the court finds appropriate. The
8    terms may include consideration of the purpose of the
9    entry, the time of day, other persons accompanying the
10    minor, and advance approval by a probation officer, if the
11    minor has been placed on probation, or advance approval by
12    the court, if the minor has been placed on conditional
13    discharge;
14        (s) refrain from having any contact, directly or
15    indirectly, with certain specified persons or particular
16    types of persons, including but not limited to members of
17    street gangs and drug users or dealers;
18        (s-5) undergo a medical or other procedure to have a
19    tattoo symbolizing allegiance to a street gang removed from
20    his or her body;
21        (t) refrain from having in his or her body the presence
22    of any illicit drug prohibited by the Cannabis Control Act,
23    the Illinois Controlled Substances Act, or the
24    Methamphetamine Control and Community Protection Act,
25    unless prescribed by a physician, and shall submit samples
26    of his or her blood or urine or both for tests to determine

 

 

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1    the presence of any illicit drug; or
2        (u) comply with other conditions as may be ordered by
3    the court.
4    (3) The court may as a condition of probation or of
5conditional discharge require that a minor found guilty on any
6alcohol, cannabis, methamphetamine, or controlled substance
7violation, refrain from acquiring a driver's license during the
8period of probation or conditional discharge. If the minor is
9in possession of a permit or license, the court may require
10that the minor refrain from driving or operating any motor
11vehicle during the period of probation or conditional
12discharge, except as may be necessary in the course of the
13minor's lawful employment.
14    (3.5) The court shall, as a condition of probation or of
15conditional discharge, require that a minor found to be guilty
16and placed on probation for reasons that include a violation of
17Section 3.02 or Section 3.03 of the Humane Care for Animals Act
18or paragraph (d) of subsection (1) of Section 21-1 of the
19Criminal Code of 1961 undergo medical or psychiatric treatment
20rendered by a psychiatrist or psychological treatment rendered
21by a clinical psychologist. The condition may be in addition to
22any other condition.
23    (3.10) The court shall order that a minor placed on
24probation or conditional discharge for a sex offense as defined
25in the Sex Offender Management Board Act undergo and
26successfully complete sex offender treatment. The treatment

 

 

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1shall be in conformance with the standards developed under the
2Sex Offender Management Board Act and conducted by a treatment
3provider approved by the Board. The treatment shall be at the
4expense of the person evaluated based upon that person's
5ability to pay for the treatment.
6    (4) A minor on probation or conditional discharge shall be
7given a certificate setting forth the conditions upon which he
8or she is being released.
9    (5) The court shall impose upon a minor placed on probation
10or conditional discharge, as a condition of the probation or
11conditional discharge, a fee of $50 for each month of probation
12or conditional discharge supervision ordered by the court,
13unless after determining the inability of the minor placed on
14probation or conditional discharge to pay the fee, the court
15assesses a lesser amount. The court may not impose the fee on a
16minor who is made a ward of the State under this Act while the
17minor is in placement. The fee shall be imposed only upon a
18minor who is actively supervised by the probation and court
19services department. The court may order the parent, guardian,
20or legal custodian of the minor to pay some or all of the fee on
21the minor's behalf.
22    (6) The General Assembly finds that in order to protect the
23public, the juvenile justice system must compel compliance with
24the conditions of probation by responding to violations with
25swift, certain, and fair punishments and intermediate
26sanctions. The Chief Judge of each circuit shall adopt a system

 

 

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1of structured, intermediate sanctions for violations of the
2terms and conditions of a sentence of supervision, probation or
3conditional discharge, under this Act.
4    The court shall provide as a condition of a disposition of
5probation, conditional discharge, or supervision, that the
6probation agency may invoke any sanction from the list of
7intermediate sanctions adopted by the chief judge of the
8circuit court for violations of the terms and conditions of the
9sentence of probation, conditional discharge, or supervision,
10subject to the provisions of Section 5-720 of this Act.
11    (7) At the successful completion of probation of any first
12time offender only, a minor may move to vacate a finding of
13delinquency. Unless good cause is shown, such motion to vacate
14must be filed within 30 days of the entry of the order
15terminating probation or discharging the minor. The court shall
16on its own motion or on motion of the minor, his or her parent,
17guardian, or legal custodian vacate any finding made in the
18course of a proceeding under this Article and enter a judgment
19of dismissal.
20    (8) A motion to vacate a finding of delinquency under this
21Section is limited to minors:
22        (A) with no previous findings of delinquency;
23        (B) who have successfully completed the terms and
24    conditions of probation;
25        (C) with no other matters pending; and
26        (D) without any other findings or convictions.

 

 

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1    This subsection (8) does not apply to adjudications based
2upon any homicide, use of a deadly weapon, or sex offenses
3which would be felonies if committed by an adult.
4    (9) The Court shall consider among other factors:
5        (A) the nature and seriousness of the alleged offense;
6        (B) history and characteristics of the defendant;
7        (C) academic performance and recommendations;
8        (D) work performance and recommendations;
9        (E) recommendations from treatment or service
10    providers;
11        (F) restitution;
12        (G) maturity;
13        (H) age at the time of the offense; and
14        (I) probation or youth officer recommendation, or
15    both.
16    (10) Once a motion to vacate a finding of_delinquency has
17been granted, the case shall be treated as if it never
18occurred, and the person may not be required to disclose that
19he or she had a juvenile record. However, nothing in this
20paragraph (10) prohibits the judge, State's Attorney, or minor
21from reviewing the juvenile record of the minor, including the
22proceedings that resulted in the vacation of the finding of
23delinquency.
24    (11) This amendatory Act of the 97th General Assembly shall
25govern all motions pending at the time of its effective date.
26(Source: P.A. 96-1414, eff. 1-1-11.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.