SB2232 98TH GENERAL ASSEMBLY

LRB098 10311 RLC 40638 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2232

Introduced 2/15/2013, by Sen. John M. Sullivan

SYNOPSIS AS INTRODUCED:

705 ILCS 405/5-720

Amends the Juvenile Court Act of 1987. Provides that when a petition is filed charging a violation of a condition of probation or of conditional discharge by the minor and the minor is 17 years of age or older and the court orders the minor's detention, the minor may be confined in a county jail. Provides that in making a determination whether to confine a minor 17 years of age or older who has a petition filed against the minor charging a violation of a condition of probation or of conditional discharge, these factors, among other matters, shall be considered: (1) the age of the minor; (2) any previous delinquent or criminal history of the minor; (3) any previous abuse or neglect history of the minor; and (4) any mental health or educational history of the minor, or both.

A BILL FOR

AN ACT concerning courts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Juvenile Court Act of 1987 is amended by changing Section 5-720 as follows:

(705 ILCS 405/5-720)

Sec. 5-720. Probation revocation.

(1) If a petition is filed charging a violation of a condition of probation or of conditional discharge, the court shall:

(a) order the minor to appear; or

(b) order the minor's detention if the court finds that the detention is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another or that the minor is likely to flee the jurisdiction of the court, provided that any such detention shall be in a juvenile detention home and the minor so detained shall be 10 years of age or older; and

(c) notify the persons named in the petition under Section 5-520, in accordance with the provisions of Section 5-530.

A minor 17 years of age or older ordered to be placed in detention under paragraph (b) of subsection (1) may be confined in a county jail. In making a determination whether to confine a minor 17 years of age or older who has a petition filed under this Section against the minor, these factors, among other matters, shall be considered:

(i) the age of the minor;

(ii) any previous delinquent or criminal history of the minor;

(iii) any previous abuse or neglect history of the minor; and

(iv) any mental health or educational history of the minor, or both.

In making its detention determination under paragraph (b) of this subsection (1) of this Section, the court may use information in its findings offered at such a hearing by way of proffer based upon reliable information presented by the State, probation officer, or the minor. The filing of a petition for violation of a condition of probation or of conditional discharge shall toll the period of probation or of conditional discharge until the final determination of the charge, and the term of probation or conditional discharge shall not run until the hearing and disposition of the petition for violation.

(2) The court shall conduct a hearing of the alleged violation of probation or of conditional discharge. The minor shall not be held in detention longer than 15 days pending the determination of the alleged violation.

(3) At the hearing, the State shall have the burden of going forward with the evidence and proving the violation by a preponderance of the evidence. The evidence shall be presented in court with the right of confrontation, cross-examination, and representation by counsel.

(4) If the court finds that the minor has violated a condition at any time prior to the expiration or termination of the period of probation or conditional discharge, it may continue him or her on the existing sentence, with or without modifying or enlarging the conditions, or may revoke probation or conditional discharge and impose any other sentence that was available under Section 5-710 at the time of the initial sentence.

(5) The conditions of probation and of conditional discharge may be reduced or enlarged by the court on motion of the probation officer or on its own motion or at the request of the minor after notice and hearing under this Section.

(6) Sentencing after revocation of probation or of conditional discharge shall be under Section 5-705.

(7) Instead of filing a violation of probation or of conditional discharge, the probation officer, with the concurrence of his or her supervisor, may serve on the minor a notice of intermediate sanctions. The notice shall contain the technical violation or violations involved, the date or dates of the violation or violations, and the intermediate sanctions to be imposed. Upon receipt of the notice, the minor shall immediately accept or reject the intermediate sanctions. If the sanctions are accepted, they shall be imposed immediately. If the intermediate sanctions are rejected or the minor does not respond to the notice, a violation of probation or of conditional discharge shall be immediately filed with the court. The State's Attorney and the sentencing court shall be notified of the notice of sanctions. Upon successful completion of the intermediate sanctions, a court may not revoke probation or conditional discharge or impose additional sanctions for the same violation. A notice of intermediate sanctions may not be issued for any violation of probation or conditional discharge which could warrant an additional, separate felony charge.

(Source: P.A. 90-590, eff. 1-1-99.)