Full Text of HB4671 102nd General Assembly
HB4671eng 102ND GENERAL ASSEMBLY |
| | HB4671 Engrossed | | LRB102 23252 RLC 32417 b |
|
| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Section 5-710 as follows:
| 6 | | (705 ILCS 405/5-710)
| 7 | | Sec. 5-710. Kinds of sentencing orders.
| 8 | | (1) The following kinds of sentencing orders may be made | 9 | | in respect of
wards of the court:
| 10 | | (a) Except as provided in Sections 5-805, 5-810, and | 11 | | 5-815, a minor who is
found
guilty under Section 5-620 may | 12 | | be:
| 13 | | (i) put on probation or conditional discharge and | 14 | | released to his or her
parents, guardian or legal | 15 | | custodian, provided, however, that any such minor
who | 16 | | is not committed to the Department of Juvenile Justice | 17 | | under
this subsection and who is found to be a | 18 | | delinquent for an offense which is
first degree | 19 | | murder, a Class X felony, or a forcible felony shall be | 20 | | placed on
probation;
| 21 | | (ii) placed in accordance with Section 5-740, with | 22 | | or without also being
put on probation or conditional | 23 | | discharge;
|
| | | HB4671 Engrossed | - 2 - | LRB102 23252 RLC 32417 b |
|
| 1 | | (iii) required to undergo a substance abuse | 2 | | assessment conducted by a
licensed provider and | 3 | | participate in the indicated clinical level of care;
| 4 | | (iv) on and after January 1, 2015 (the effective | 5 | | date of Public Act 98-803) and before January 1, 2017, | 6 | | placed in the guardianship of the Department of | 7 | | Children and Family
Services, but only if the | 8 | | delinquent minor is under 16 years of age or, pursuant | 9 | | to Article II of this Act, a minor under the age of 18 | 10 | | for whom an independent basis of abuse, neglect, or | 11 | | dependency exists. On and after January 1, 2017, | 12 | | placed in the guardianship of the Department of | 13 | | Children and Family
Services, but only if the | 14 | | delinquent minor is under 15 years of age or, pursuant | 15 | | to Article II of this Act, a minor for whom an | 16 | | independent basis of abuse, neglect, or dependency | 17 | | exists. An independent basis exists when the | 18 | | allegations or adjudication of abuse, neglect, or | 19 | | dependency do not arise from the same facts, incident, | 20 | | or circumstances which give rise to a charge or | 21 | | adjudication of delinquency;
| 22 | | (v) placed in detention for a period not to exceed | 23 | | 30 days, either as
the
exclusive order of disposition | 24 | | or, where appropriate, in conjunction with any
other | 25 | | order of disposition issued under this paragraph, | 26 | | provided that any such
detention shall be in a |
| | | HB4671 Engrossed | - 3 - | LRB102 23252 RLC 32417 b |
|
| 1 | | juvenile detention home and the minor so detained | 2 | | shall
be 10 years of age or older. However, the 30-day | 3 | | limitation may be extended by
further order of the | 4 | | court for a minor under age 15 committed to the | 5 | | Department
of Children and Family Services if the | 6 | | court finds that the minor is a danger
to himself or | 7 | | others. The minor shall be given credit on the | 8 | | sentencing order
of detention for time spent in | 9 | | detention under Sections 5-501, 5-601, 5-710, or
5-720 | 10 | | of this
Article as a result of the offense for which | 11 | | the sentencing order was imposed.
The court may grant | 12 | | credit on a sentencing order of detention entered | 13 | | under a
violation of probation or violation of | 14 | | conditional discharge under Section
5-720 of this | 15 | | Article for time spent in detention before the filing | 16 | | of the
petition
alleging the violation. A minor shall | 17 | | not be deprived of credit for time spent
in detention | 18 | | before the filing of a violation of probation or | 19 | | conditional
discharge alleging the same or related act | 20 | | or acts. The limitation that the minor shall only be | 21 | | placed in a juvenile detention home does not apply as | 22 | | follows: | 23 | | Persons 18 years of age and older who have a | 24 | | petition of delinquency filed against them may be | 25 | | confined in an adult detention facility. In making a | 26 | | determination whether to confine a person 18 years of |
| | | HB4671 Engrossed | - 4 - | LRB102 23252 RLC 32417 b |
|
| 1 | | age or older who has a petition of delinquency filed | 2 | | against the person, these factors, among other | 3 | | matters, shall be considered: | 4 | | (A) the age of the person; | 5 | | (B) any previous delinquent or criminal | 6 | | history of the person; | 7 | | (C) any previous abuse or neglect history of | 8 | | the person; | 9 | | (D) any mental health history of the person; | 10 | | and | 11 | | (E) any educational history of the person;
| 12 | | (vi) ordered partially or completely emancipated | 13 | | in accordance with the
provisions of the Emancipation | 14 | | of Minors Act;
| 15 | | (vii) subject to having his or her driver's | 16 | | license or driving
privileges
suspended for such time | 17 | | as determined by the court but only until he or she
| 18 | | attains 18 years of age;
| 19 | | (viii) put on probation or conditional discharge | 20 | | and placed in detention
under Section 3-6039 of the | 21 | | Counties Code for a period not to exceed the period
of | 22 | | incarceration permitted by law for adults found guilty | 23 | | of the same offense
or offenses for which the minor was | 24 | | adjudicated delinquent, and in any event no
longer | 25 | | than upon attainment of age 21; this subdivision | 26 | | (viii) notwithstanding
any contrary provision of the |
| | | HB4671 Engrossed | - 5 - | LRB102 23252 RLC 32417 b |
|
| 1 | | law;
| 2 | | (ix) ordered to undergo a medical or other | 3 | | procedure to have a tattoo
symbolizing allegiance to a | 4 | | street gang removed from his or her body; or | 5 | | (x) placed in electronic monitoring or home | 6 | | detention under Part 7A of this Article.
| 7 | | (b) A minor found to be guilty may be committed to the | 8 | | Department of
Juvenile Justice under Section 5-750 if the | 9 | | minor is at least 13 years and under 20 years of age,
| 10 | | provided that the commitment to the Department of Juvenile | 11 | | Justice shall be made only if the minor was found guilty of | 12 | | a felony offense or first degree murder. The court shall | 13 | | include in the sentencing order any pre-custody credits | 14 | | the minor is entitled to under Section 5-4.5-100 of the | 15 | | Unified Code of Corrections. The time during which a minor | 16 | | is in custody before being released
upon the request of a | 17 | | parent, guardian or legal custodian shall also be | 18 | | considered
as time spent in custody.
| 19 | | (c) When a minor is found to be guilty for an offense | 20 | | which is a violation
of the Illinois Controlled Substances | 21 | | Act, the Cannabis Control Act, or the Methamphetamine | 22 | | Control and Community Protection Act and made
a ward of | 23 | | the court, the court may enter a disposition order | 24 | | requiring the
minor to undergo assessment,
counseling or | 25 | | treatment in a substance use disorder treatment program | 26 | | approved by the Department
of Human Services.
|
| | | HB4671 Engrossed | - 6 - | LRB102 23252 RLC 32417 b |
|
| 1 | | (2) Any sentencing order other than commitment to the | 2 | | Department of
Juvenile Justice may provide for protective | 3 | | supervision under
Section 5-725 and may include an order of | 4 | | protection under Section 5-730.
| 5 | | (3) Unless the sentencing order expressly so provides, it | 6 | | does not operate
to close proceedings on the pending petition, | 7 | | but is subject to modification
until final closing and | 8 | | discharge of the proceedings under Section 5-750.
| 9 | | (4) In addition to any other sentence, the court may order | 10 | | any
minor
found to be delinquent to make restitution, in | 11 | | monetary or non-monetary form,
under the terms and conditions | 12 | | of Section 5-5-6 of the Unified Code of
Corrections, except | 13 | | that the "presentencing hearing" referred to in that
Section
| 14 | | shall be
the sentencing hearing for purposes of this Section. | 15 | | The parent, guardian or
legal custodian of the minor may be | 16 | | ordered by the court to pay some or all of
the restitution on | 17 | | the minor's behalf, pursuant to the Parental Responsibility
| 18 | | Law. The State's Attorney is authorized to act
on behalf of any | 19 | | victim in seeking restitution in proceedings under this
| 20 | | Section, up to the maximum amount allowed in Section 5 of the | 21 | | Parental
Responsibility Law.
| 22 | | (5) Any sentencing order where the minor is committed or | 23 | | placed in
accordance
with Section 5-740 shall provide for the | 24 | | parents or guardian of the estate of
the minor to pay to the | 25 | | legal custodian or guardian of the person of the minor
such | 26 | | sums as are determined by the custodian or guardian of the |
| | | HB4671 Engrossed | - 7 - | LRB102 23252 RLC 32417 b |
|
| 1 | | person of the
minor as necessary for the minor's needs. The | 2 | | payments may not exceed the
maximum amounts provided for by | 3 | | Section 9.1 of the Children and Family Services
Act.
| 4 | | (6) Whenever the sentencing order requires the minor to | 5 | | attend school or
participate in a program of training, the | 6 | | truant officer or designated school
official shall regularly | 7 | | report to the court if the minor is a chronic or
habitual | 8 | | truant under Section 26-2a of the School Code. Notwithstanding | 9 | | any other provision of this Act, in instances in which | 10 | | educational services are to be provided to a minor in a | 11 | | residential facility where the minor has been placed by the | 12 | | court, costs incurred in the provision of those educational | 13 | | services must be allocated based on the requirements of the | 14 | | School Code.
| 15 | | (7) In no event shall a guilty minor be committed to the | 16 | | Department of
Juvenile Justice for a period of time in
excess | 17 | | of
that period for which an adult could be committed for the | 18 | | same act. The court shall include in the sentencing order a | 19 | | limitation on the period of confinement not to exceed the | 20 | | maximum period of imprisonment the court could impose under | 21 | | Chapter V of the Unified Code of Corrections.
| 22 | | (7.5) In no event shall a guilty minor be committed to the | 23 | | Department of Juvenile Justice or placed in detention when the | 24 | | act for which the minor was adjudicated delinquent would not | 25 | | be illegal if committed by an adult. | 26 | | (7.6) In no event shall a guilty minor be committed to the |
| | | HB4671 Engrossed | - 8 - | LRB102 23252 RLC 32417 b |
|
| 1 | | Department of Juvenile Justice for an offense which is a Class | 2 | | 4 felony under Section 19-4 (criminal trespass to a | 3 | | residence), 21-1 (criminal damage to property), 21-1.01 | 4 | | (criminal damage to government supported property), 21-1.3 | 5 | | (criminal defacement of property), 26-1 (disorderly conduct), | 6 | | or 31-4 (obstructing justice) of the Criminal Code of 2012. | 7 | | (7.75) In no event shall a guilty minor be committed to the | 8 | | Department of Juvenile Justice for an offense that is a Class 3 | 9 | | or Class 4 felony violation of the Illinois Controlled | 10 | | Substances Act unless the commitment occurs upon a third or | 11 | | subsequent judicial finding of a violation of probation for | 12 | | substantial noncompliance with court-ordered treatment or | 13 | | programming . | 14 | | (8) A minor found to be guilty for reasons that include a | 15 | | violation of
Section 21-1.3 of the Criminal Code of 1961 or the | 16 | | Criminal Code of 2012 shall be ordered to perform
community | 17 | | service for not less than 30 and not more than 120 hours, if
| 18 | | community service is available in the jurisdiction. The | 19 | | community service
shall include, but need not be limited to, | 20 | | the cleanup and repair of the damage
that was caused by the | 21 | | violation or similar damage to property located in the
| 22 | | municipality or county in which the violation occurred. The | 23 | | order may be in
addition to any other order authorized by this | 24 | | Section.
| 25 | | (8.5) A minor found to be guilty for reasons that include a | 26 | | violation of
Section
3.02 or Section 3.03 of the Humane Care |
| | | HB4671 Engrossed | - 9 - | LRB102 23252 RLC 32417 b |
|
| 1 | | for Animals Act or paragraph (d) of
subsection (1) of
Section | 2 | | 21-1 of
the Criminal Code
of
1961 or paragraph (4) of | 3 | | subsection (a) of Section 21-1 of the Criminal Code of 2012 | 4 | | shall be ordered to undergo medical or psychiatric treatment | 5 | | rendered by
a
psychiatrist or psychological treatment rendered | 6 | | by a clinical psychologist.
The order
may be in addition to any | 7 | | other order authorized by this Section.
| 8 | | (9) In addition to any other sentencing order, the court | 9 | | shall order any
minor found
to be guilty for an act which would | 10 | | constitute, predatory criminal sexual
assault of a child, | 11 | | aggravated criminal sexual assault, criminal sexual
assault, | 12 | | aggravated criminal sexual abuse, or criminal sexual abuse if
| 13 | | committed by an
adult to undergo medical testing to determine | 14 | | whether the defendant has any
sexually transmissible disease | 15 | | including a test for infection with human
immunodeficiency | 16 | | virus (HIV) or any other identified causative agency of
| 17 | | acquired immunodeficiency syndrome (AIDS). Any medical test | 18 | | shall be performed
only by appropriately licensed medical | 19 | | practitioners and may include an
analysis of any bodily fluids | 20 | | as well as an examination of the minor's person.
Except as | 21 | | otherwise provided by law, the results of the test shall be | 22 | | kept
strictly confidential by all medical personnel involved | 23 | | in the testing and must
be personally delivered in a sealed | 24 | | envelope to the judge of the court in which
the sentencing | 25 | | order was entered for the judge's inspection in camera. Acting
| 26 | | in accordance with the best interests of the victim and the |
| | | HB4671 Engrossed | - 10 - | LRB102 23252 RLC 32417 b |
|
| 1 | | public, the judge
shall have the discretion to determine to | 2 | | whom the results of the testing may
be revealed. The court | 3 | | shall notify the minor of the results of the test for
infection | 4 | | with the human immunodeficiency virus (HIV). The court shall | 5 | | also
notify the victim if requested by the victim, and if the | 6 | | victim is under the
age of 15 and if requested by the victim's | 7 | | parents or legal guardian, the court
shall notify the victim's | 8 | | parents or the legal guardian, of the results of the
test for | 9 | | infection with the human immunodeficiency virus (HIV). The | 10 | | court
shall provide information on the availability of HIV | 11 | | testing and counseling at
the Department of Public Health | 12 | | facilities to all parties to whom the
results of the testing | 13 | | are revealed. The court shall order that the cost of
any test | 14 | | shall be paid by the county and may be taxed as costs against | 15 | | the
minor.
| 16 | | (10) When a court finds a minor to be guilty the court | 17 | | shall, before
entering a sentencing order under this Section, | 18 | | make a finding whether the
offense committed either: (a) was | 19 | | related to or in furtherance of the criminal
activities of an | 20 | | organized gang or was motivated by the minor's membership in
| 21 | | or allegiance to an organized gang, or (b) involved a | 22 | | violation of
subsection (a) of Section 12-7.1 of the Criminal | 23 | | Code of 1961 or the Criminal Code of 2012, a violation of
any
| 24 | | Section of Article 24 of the Criminal Code of 1961 or the | 25 | | Criminal Code of 2012, or a violation of any
statute that | 26 | | involved the wrongful use of a firearm. If the court |
| | | HB4671 Engrossed | - 11 - | LRB102 23252 RLC 32417 b |
|
| 1 | | determines
the question in the affirmative,
and the court does | 2 | | not commit the minor to the Department of Juvenile Justice, | 3 | | the court shall order the minor to perform community service
| 4 | | for not less than 30 hours nor more than 120 hours, provided | 5 | | that community
service is available in the jurisdiction and is | 6 | | funded and approved by the
county board of the county where the | 7 | | offense was committed. The community
service shall include, | 8 | | but need not be limited to, the cleanup and repair of
any | 9 | | damage caused by a violation of Section 21-1.3 of the Criminal | 10 | | Code of 1961 or the Criminal Code of 2012
and similar damage to | 11 | | property located in the municipality or county in which
the | 12 | | violation occurred. When possible and reasonable, the | 13 | | community service
shall be performed in the minor's | 14 | | neighborhood. This order shall be in
addition to any other | 15 | | order authorized by this Section
except for an order to place | 16 | | the minor in the custody of the Department of
Juvenile | 17 | | Justice. For the purposes of this Section, "organized
gang" | 18 | | has the meaning ascribed to it in Section 10 of the Illinois | 19 | | Streetgang
Terrorism Omnibus Prevention Act.
| 20 | | (11) If the court determines that the offense was | 21 | | committed in furtherance of the criminal activities of an | 22 | | organized gang, as provided in subsection (10), and that the | 23 | | offense involved the operation or use of a motor vehicle or the | 24 | | use of a driver's license or permit, the court shall notify the | 25 | | Secretary of State of that determination and of the period for | 26 | | which the minor shall be denied driving privileges. If, at the |
| | | HB4671 Engrossed | - 12 - | LRB102 23252 RLC 32417 b |
|
| 1 | | time of the determination, the minor does not hold a driver's | 2 | | license or permit, the court shall provide that the minor | 3 | | shall not be issued a driver's license or permit until his or | 4 | | her 18th birthday. If the minor holds a driver's license or | 5 | | permit at the time of the determination, the court shall | 6 | | provide that the minor's driver's license or permit shall be | 7 | | revoked until his or her 21st birthday, or until a later date | 8 | | or occurrence determined by the court. If the minor holds a | 9 | | driver's license at the time of the determination, the court | 10 | | may direct the Secretary of State to issue the minor a judicial | 11 | | driving permit, also known as a JDP. The JDP shall be subject | 12 | | to the same terms as a JDP issued under Section 6-206.1 of the | 13 | | Illinois Vehicle Code, except that the court may direct that | 14 | | the JDP be effective immediately.
| 15 | | (12) (Blank).
| 16 | | (Source: P.A. 101-2, eff. 7-1-19; 101-79, eff. 7-12-19; | 17 | | 101-159, eff. 1-1-20; 102-558, eff. 8-20-21.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
|
|