Illinois General Assembly - Full Text of HB6290
Illinois General Assembly

Previous General Assemblies

Full Text of HB6290  99th General Assembly




State of Illinois
2015 and 2016


Introduced 2/11/2016, by Rep. Elaine Nekritz


705 ILCS 405/5-710

    Amends the Juvenile Court Act of 1987. Provides that in no event shall a minor guilty of an offense under the Illinois Controlled Substances Act be committed to the Department of Juvenile Justice.

LRB099 19504 SLF 43897 b





HB6290LRB099 19504 SLF 43897 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 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 in
9respect of wards of the court:
10        (a) Except as provided in Sections 5-805, 5-810, 5-815,
11    a minor who is found guilty under Section 5-620 may be:
12            (i) put on probation or conditional discharge and
13        released to his or her parents, guardian or legal
14        custodian, provided, however, that any such minor who
15        is not committed to the Department of Juvenile Justice
16        under this subsection and who is found to be a
17        delinquent for an offense which is first degree murder,
18        a Class X felony, or a forcible felony shall be placed
19        on probation;
20            (ii) placed in accordance with Section 5-740, with
21        or without also being put on probation or conditional
22        discharge;
23            (iii) required to undergo a substance abuse



HB6290- 2 -LRB099 19504 SLF 43897 b

1        assessment conducted by a licensed provider and
2        participate in the indicated clinical level of care;
3            (iv) on and after the effective date of this
4        amendatory Act of the 98th General Assembly and before
5        January 1, 2017, placed in the guardianship of the
6        Department of Children and Family Services, but only if
7        the delinquent minor is under 16 years of age or,
8        pursuant to Article II of this Act, a minor for whom an
9        independent basis of abuse, neglect, or dependency
10        exists. On and after January 1, 2017, placed in the
11        guardianship of the Department of Children and Family
12        Services, but only if the delinquent minor is under 15
13        years of age or, pursuant to Article II of this Act, a
14        minor for whom an independent basis of abuse, neglect,
15        or dependency exists. An independent basis exists when
16        the allegations or adjudication of abuse, neglect, or
17        dependency do not arise from the same facts, incident,
18        or circumstances which give rise to a charge or
19        adjudication of delinquency;
20            (v) placed in detention for a period not to exceed
21        30 days, either as the exclusive order of disposition
22        or, where appropriate, in conjunction with any other
23        order of disposition issued under this paragraph,
24        provided that any such detention shall be in a juvenile
25        detention home and the minor so detained shall be 10
26        years of age or older. However, the 30-day limitation



HB6290- 3 -LRB099 19504 SLF 43897 b

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



HB6290- 4 -LRB099 19504 SLF 43897 b

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



HB6290- 5 -LRB099 19504 SLF 43897 b

1            (x) placed in electronic home detention under Part
2        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 a term of imprisonment in the
8    penitentiary system of the Department of Corrections is
9    permitted by law for adults found guilty of the offense for
10    which the minor was adjudicated delinquent. The court shall
11    include in the sentencing order any pre-custody credits the
12    minor is entitled to under Section 5-4.5-100 of the Unified
13    Code of Corrections. The time during which a minor is in
14    custody before being released upon the request of a parent,
15    guardian or legal custodian shall also be considered as
16    time spent in custody.
17        (c) When a minor is found to be guilty for an offense
18    which is a violation of the Illinois Controlled Substances
19    Act, the Cannabis Control Act, or the Methamphetamine
20    Control and Community Protection Act and made a ward of the
21    court, the court may enter a disposition order requiring
22    the minor to undergo assessment, counseling or treatment in
23    a substance abuse program approved by the Department of
24    Human Services.
25    (2) Any sentencing order other than commitment to the
26Department of Juvenile Justice may provide for protective



HB6290- 6 -LRB099 19504 SLF 43897 b

1supervision under Section 5-725 and may include an order of
2protection under Section 5-730.
3    (3) Unless the sentencing order expressly so provides, it
4does not operate to close proceedings on the pending petition,
5but is subject to modification until final closing and
6discharge of the proceedings under Section 5-750.
7    (4) In addition to any other sentence, the court may order
8any minor found to be delinquent to make restitution, in
9monetary or non-monetary form, under the terms and conditions
10of Section 5-5-6 of the Unified Code of Corrections, except
11that the "presentencing hearing" referred to in that Section
12shall be the sentencing hearing for purposes of this Section.
13The parent, guardian or legal custodian of the minor may be
14ordered by the court to pay some or all of the restitution on
15the minor's behalf, pursuant to the Parental Responsibility
16Law. The State's Attorney is authorized to act on behalf of any
17victim in seeking restitution in proceedings under this
18Section, up to the maximum amount allowed in Section 5 of the
19Parental Responsibility Law.
20    (5) Any sentencing order where the minor is committed or
21placed in accordance with Section 5-740 shall provide for the
22parents or guardian of the estate of the minor to pay to the
23legal custodian or guardian of the person of the minor such
24sums as are determined by the custodian or guardian of the
25person of the minor as necessary for the minor's needs. The
26payments may not exceed the maximum amounts provided for by



HB6290- 7 -LRB099 19504 SLF 43897 b

1Section 9.1 of the Children and Family Services Act.
2    (6) Whenever the sentencing order requires the minor to
3attend school or participate in a program of training, the
4truant officer or designated school official shall regularly
5report to the court if the minor is a chronic or habitual
6truant under Section 26-2a of the School Code. Notwithstanding
7any other provision of this Act, in instances in which
8educational services are to be provided to a minor in a
9residential facility where the minor has been placed by the
10court, costs incurred in the provision of those educational
11services must be allocated based on the requirements of the
12School Code.
13    (7) In no event shall a guilty minor be committed to the
14Department of Juvenile Justice for a period of time in excess
15of that period for which an adult could be committed for the
16same act. The court shall include in the sentencing order a
17limitation on the period of confinement not to exceed the
18maximum period of imprisonment the court could impose under
19Article V of the Unified Code of Corrections.
20    (7.5) In no event shall a guilty minor be committed to the
21Department of Juvenile Justice or placed in detention when the
22act for which the minor was adjudicated delinquent would not be
23illegal if committed by an adult.
24    (7.75) In no event shall a guilty minor be committed to the
25Department of Juvenile Justice for an offense that is a
26violation of the Illinois Controlled Substances Act.



HB6290- 8 -LRB099 19504 SLF 43897 b

1    (8) A minor found to be guilty for reasons that include a
2violation of Section 21-1.3 of the Criminal Code of 1961 or the
3Criminal Code of 2012 shall be ordered to perform community
4service for not less than 30 and not more than 120 hours, if
5community service is available in the jurisdiction. The
6community service shall include, but need not be limited to,
7the cleanup and repair of the damage that was caused by the
8violation or similar damage to property located in the
9municipality or county in which the violation occurred. The
10order may be in addition to any other order authorized by this
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



HB6290- 9 -LRB099 19504 SLF 43897 b

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 in
10the 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



HB6290- 10 -LRB099 19504 SLF 43897 b

1shall be paid by the county and may be taxed as costs against
2the minor.
3    (10) When a court finds a minor to be guilty the court
4shall, before entering a sentencing order under this Section,
5make a finding whether the offense committed either: (a) was
6related to or in furtherance of the criminal activities of an
7organized gang or was motivated by the minor's membership in or
8allegiance to an organized gang, or (b) involved a violation of
9subsection (a) of Section 12-7.1 of the Criminal Code of 1961
10or the Criminal Code of 2012, a violation of any Section of
11Article 24 of the Criminal Code of 1961 or the Criminal Code of
122012, or a violation of any statute that involved the wrongful
13use of a firearm. If the court determines the question in the
14affirmative, and the court does not commit the minor to the
15Department of Juvenile Justice, the court shall order the minor
16to perform community service for not less than 30 hours nor
17more than 120 hours, provided that community service is
18available in the jurisdiction and is funded and approved by the
19county board of the county where the offense was committed. The
20community service shall include, but need not be limited to,
21the cleanup and repair of any damage caused by a violation of
22Section 21-1.3 of the Criminal Code of 1961 or the Criminal
23Code of 2012 and similar damage to property located in the
24municipality or county in which the violation occurred. When
25possible and reasonable, the community service shall be
26performed in the minor's neighborhood. This order shall be in



HB6290- 11 -LRB099 19504 SLF 43897 b

1addition to any other order authorized by this Section except
2for an order to place the minor in the custody of the
3Department of Juvenile Justice. For the purposes of this
4Section, "organized gang" has the meaning ascribed to it in
5Section 10 of the Illinois Streetgang Terrorism Omnibus
6Prevention Act.
7    (11) If the court determines that the offense was committed
8in furtherance of the criminal activities of an organized gang,
9as provided in subsection (10), and that the offense involved
10the operation or use of a motor vehicle or the use of a
11driver's license or permit, the court shall notify the
12Secretary of State of that determination and of the period for
13which the minor shall be denied driving privileges. If, at the
14time of the determination, the minor does not hold a driver's
15license or permit, the court shall provide that the minor shall
16not be issued a driver's license or permit until his or her
1718th birthday. If the minor holds a driver's license or permit
18at the time of the determination, the court shall provide that
19the minor's driver's license or permit shall be revoked until
20his or her 21st birthday, or until a later date or occurrence
21determined by the court. If the minor holds a driver's license
22at the time of the determination, the court may direct the
23Secretary of State to issue the minor a judicial driving
24permit, also known as a JDP. The JDP shall be subject to the
25same terms as a JDP issued under Section 6-206.1 of the
26Illinois Vehicle Code, except that the court may direct that



HB6290- 12 -LRB099 19504 SLF 43897 b

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



HB6290- 13 -LRB099 19504 SLF 43897 b

1    of the Prevention of Tobacco Use by Minors Act, the court
2    may impose a sentence of 15 hours of community service or a
3    fine of $25 for a first violation.
4        (b) A second violation by a minor of subsection (a-7)
5    of Section 1 of that Act that occurs within 12 months after
6    the first violation is punishable by a fine of $50 and 25
7    hours of community service.
8        (c) A third or subsequent violation by a minor of
9    subsection (a-7) of Section 1 of that Act that occurs
10    within 12 months after the first violation is punishable by
11    a $100 fine and 30 hours of community service.
12        (d) Any second or subsequent violation not within the
13    12-month time period after the first violation is
14    punishable as provided for a first violation.
15(Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15;
1699-268, eff. 1-1-16.)