State of Illinois
2011 and 2012


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


705 ILCS 405/5-410
705 ILCS 405/5-710
705 ILCS 405/5-720

    Amends the Juvenile Court Act of 1987. Increases the minimum age at which an alleged delinquent minor may be placed in a detention facility from 10 years of age to 13 years of age.

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HB0087LRB097 05051 RLC 45091 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 5-410, 5-710, and 5-720 as follows:
6    (705 ILCS 405/5-410)
7    Sec. 5-410. Non-secure custody or detention.
8    (1) Any minor arrested or taken into custody pursuant to
9this Act who requires care away from his or her home but who
10does not require physical restriction shall be given temporary
11care in a foster family home or other shelter facility
12designated by the court.
13    (2) (a) Any minor 13 10 years of age or older arrested
14pursuant to this Act where there is probable cause to believe
15that the minor is a delinquent minor and that (i) secured
16custody is a matter of immediate and urgent necessity for the
17protection of the minor or of the person or property of
18another, (ii) the minor is likely to flee the jurisdiction of
19the court, or (iii) the minor was taken into custody under a
20warrant, may be kept or detained in an authorized detention
21facility. No minor under 12 years of age shall be detained in a
22county jail or a municipal lockup for more than 6 hours.
23    (b) The written authorization of the probation officer or



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1detention officer (or other public officer designated by the
2court in a county having 3,000,000 or more inhabitants)
3constitutes authority for the superintendent of any juvenile
4detention home to detain and keep a minor for up to 40 hours,
5excluding Saturdays, Sundays and court-designated holidays.
6These records shall be available to the same persons and
7pursuant to the same conditions as are law enforcement records
8as provided in Section 5-905.
9    (b-4) The consultation required by subsection (b-5) shall
10not be applicable if the probation officer or detention officer
11(or other public officer designated by the court in a county
12having 3,000,000 or more inhabitants) utilizes a scorable
13detention screening instrument, which has been developed with
14input by the State's Attorney, to determine whether a minor
15should be detained, however, subsection (b-5) shall still be
16applicable where no such screening instrument is used or where
17the probation officer, detention officer (or other public
18officer designated by the court in a county having 3,000,000 or
19more inhabitants) deviates from the screening instrument.
20    (b-5) Subject to the provisions of subsection (b-4), if a
21probation officer or detention officer (or other public officer
22designated by the court in a county having 3,000,000 or more
23inhabitants) does not intend to detain a minor for an offense
24which constitutes one of the following offenses he or she shall
25consult with the State's Attorney's Office prior to the release
26of the minor: first degree murder, second degree murder,



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1involuntary manslaughter, criminal sexual assault, aggravated
2criminal sexual assault, aggravated battery with a firearm,
3aggravated or heinous battery involving permanent disability
4or disfigurement or great bodily harm, robbery, aggravated
5robbery, armed robbery, vehicular hijacking, aggravated
6vehicular hijacking, vehicular invasion, arson, aggravated
7arson, kidnapping, aggravated kidnapping, home invasion,
8burglary, or residential burglary.
9    (c) Except as otherwise provided in paragraph (a), (d), or
10(e), no minor shall be detained in a county jail or municipal
11lockup for more than 12 hours, unless the offense is a crime of
12violence in which case the minor may be detained up to 24
13hours. For the purpose of this paragraph, "crime of violence"
14has the meaning ascribed to it in Section 1-10 of the
15Alcoholism and Other Drug Abuse and Dependency Act.
16        (i) The period of detention is deemed to have begun
17    once the minor has been placed in a locked room or cell or
18    handcuffed to a stationary object in a building housing a
19    county jail or municipal lockup. Time spent transporting a
20    minor is not considered to be time in detention or secure
21    custody.
22        (ii) Any minor so confined shall be under periodic
23    supervision and shall not be permitted to come into or
24    remain in contact with adults in custody in the building.
25        (iii) Upon placement in secure custody in a jail or
26    lockup, the minor shall be informed of the purpose of the



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1    detention, the time it is expected to last and the fact
2    that it cannot exceed the time specified under this Act.
3        (iv) A log shall be kept which shows the offense which
4    is the basis for the detention, the reasons and
5    circumstances for the decision to detain and the length of
6    time the minor was in detention.
7        (v) Violation of the time limit on detention in a
8    county jail or municipal lockup shall not, in and of
9    itself, render inadmissible evidence obtained as a result
10    of the violation of this time limit. Minors under 17 years
11    of age shall be kept separate from confined adults and may
12    not at any time be kept in the same cell, room or yard with
13    adults confined pursuant to criminal law. Persons 17 years
14    of age and older who have a petition of delinquency filed
15    against them may be confined in an adult detention
16    facility. In making a determination whether to confine a
17    person 17 years of age or older who has a petition of
18    delinquency filed against the person, these factors, among
19    other matters, shall be considered:
20            (A) The age of the person;
21            (B) Any previous delinquent or criminal history of
22        the person;
23            (C) Any previous abuse or neglect history of the
24        person; and
25            (D) Any mental health or educational history of the
26        person, or both.



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1    (d) (i) If a minor 12 years of age or older is confined in a
2county jail in a county with a population below 3,000,000
3inhabitants, then the minor's confinement shall be implemented
4in such a manner that there will be no contact by sight, sound
5or otherwise between the minor and adult prisoners. Minors 12
6years of age or older must be kept separate from confined
7adults and may not at any time be kept in the same cell, room,
8or yard with confined adults. This paragraph (d)(i) shall only
9apply to confinement pending an adjudicatory hearing and shall
10not exceed 40 hours, excluding Saturdays, Sundays and court
11designated holidays. To accept or hold minors during this time
12period, county jails shall comply with all monitoring standards
13promulgated by the Department of Corrections and training
14standards approved by the Illinois Law Enforcement Training
15Standards Board.
16    (ii) To accept or hold minors, 12 years of age or older,
17after the time period prescribed in paragraph (d)(i) of this
18subsection (2) of this Section but not exceeding 7 days
19including Saturdays, Sundays and holidays pending an
20adjudicatory hearing, county jails shall comply with all
21temporary detention standards promulgated by the Department of
22Corrections and training standards approved by the Illinois Law
23Enforcement Training Standards Board.
24    (iii) To accept or hold minors 12 years of age or older,
25after the time period prescribed in paragraphs (d)(i) and
26(d)(ii) of this subsection (2) of this Section, county jails



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1shall comply with all programmatic and training standards for
2juvenile detention homes promulgated by the Department of
4    (e) When a minor who is at least 15 years of age is
5prosecuted under the criminal laws of this State, the court may
6enter an order directing that the juvenile be confined in the
7county jail. However, any juvenile confined in the county jail
8under this provision shall be separated from adults who are
9confined in the county jail in such a manner that there will be
10no contact by sight, sound or otherwise between the juvenile
11and adult prisoners.
12    (f) For purposes of appearing in a physical lineup, the
13minor may be taken to a county jail or municipal lockup under
14the direct and constant supervision of a juvenile police
15officer. During such time as is necessary to conduct a lineup,
16and while supervised by a juvenile police officer, the sight
17and sound separation provisions shall not apply.
18    (g) For purposes of processing a minor, the minor may be
19taken to a County Jail or municipal lockup under the direct and
20constant supervision of a law enforcement officer or
21correctional officer. During such time as is necessary to
22process the minor, and while supervised by a law enforcement
23officer or correctional officer, the sight and sound separation
24provisions shall not apply.
25    (3) If the probation officer or State's Attorney (or such
26other public officer designated by the court in a county having



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13,000,000 or more inhabitants) determines that the minor may be
2a delinquent minor as described in subsection (3) of Section
35-105, and should be retained in custody but does not require
4physical restriction, the minor may be placed in non-secure
5custody for up to 40 hours pending a detention hearing.
6    (4) Any minor taken into temporary custody, not requiring
7secure detention, may, however, be detained in the home of his
8or her parent or guardian subject to such conditions as the
9court may impose.
10(Source: P.A. 93-255, eff. 1-1-04.)
11    (705 ILCS 405/5-710)
12    Sec. 5-710. Kinds of sentencing orders.
13    (1) The following kinds of sentencing orders may be made in
14respect of wards of the court:
15        (a) Except as provided in Sections 5-805, 5-810, 5-815,
16    a minor who is found guilty under Section 5-620 may be:
17            (i) put on probation or conditional discharge and
18        released to his or her parents, guardian or legal
19        custodian, provided, however, that any such minor who
20        is not committed to the Department of Juvenile Justice
21        under this subsection and who is found to be a
22        delinquent for an offense which is first degree murder,
23        a Class X felony, or a forcible felony shall be placed
24        on probation;
25            (ii) placed in accordance with Section 5-740, with



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1        or without also being put on probation or conditional
2        discharge;
3            (iii) required to undergo a substance abuse
4        assessment conducted by a licensed provider and
5        participate in the indicated clinical level of care;
6            (iv) placed in the guardianship of the Department
7        of Children and Family Services, but only if the
8        delinquent minor is under 15 years of age or, pursuant
9        to Article II of this Act, a minor for whom an
10        independent basis of abuse, neglect, or dependency
11        exists. An independent basis exists when the
12        allegations or adjudication of abuse, neglect, or
13        dependency do not arise from the same facts, incident,
14        or circumstances which give rise to a charge or
15        adjudication of delinquency;
16            (v) placed in detention for a period not to exceed
17        30 days, either as the exclusive order of disposition
18        or, where appropriate, in conjunction with any other
19        order of disposition issued under this paragraph,
20        provided that any such detention shall be in a juvenile
21        detention home and the minor so detained shall be 13 10
22        years of age or older. However, the 30-day limitation
23        may be extended by further order of the court for a
24        minor under age 15 committed to the Department of
25        Children and Family Services if the court finds that
26        the minor is a danger to himself or others. The minor



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1        shall be given credit on the sentencing order of
2        detention for time spent in detention under Sections
3        5-501, 5-601, 5-710, or 5-720 of this Article as a
4        result of the offense for which the sentencing order
5        was imposed. The court may grant credit on a sentencing
6        order of detention entered under a violation of
7        probation or violation of conditional discharge under
8        Section 5-720 of this Article for time spent in
9        detention before the filing of the petition alleging
10        the violation. A minor shall not be deprived of credit
11        for time spent in detention before the filing of a
12        violation of probation or conditional discharge
13        alleging the same or related act or acts;
14            (vi) ordered partially or completely emancipated
15        in accordance with the provisions of the Emancipation
16        of Minors Act;
17            (vii) subject to having his or her driver's license
18        or driving privileges suspended for such time as
19        determined by the court but only until he or she
20        attains 18 years of age;
21            (viii) put on probation or conditional discharge
22        and placed in detention under Section 3-6039 of the
23        Counties Code for a period not to exceed the period of
24        incarceration permitted by law for adults found guilty
25        of the same offense or offenses for which the minor was
26        adjudicated delinquent, and in any event no longer than



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1        upon attainment of age 21; this subdivision (viii)
2        notwithstanding any contrary provision of the law;
3            (ix) ordered to undergo a medical or other
4        procedure to have a tattoo symbolizing allegiance to a
5        street gang removed from his or her body; or
6            (x) placed in electronic home detention under Part
7        7A of this Article.
8        (b) A minor found to be guilty may be committed to the
9    Department of Juvenile Justice under Section 5-750 if the
10    minor is 13 years of age or older, provided that the
11    commitment to the Department of Juvenile Justice shall be
12    made only if a term of incarceration is permitted by law
13    for adults found guilty of the offense for which the minor
14    was adjudicated delinquent. The time during which a minor
15    is in custody before being released upon the request of a
16    parent, guardian or legal custodian shall be considered as
17    time spent in detention.
18        (c) When a minor is found to be guilty for an offense
19    which is a violation of the Illinois Controlled Substances
20    Act, the Cannabis Control Act, or the Methamphetamine
21    Control and Community Protection Act and made a ward of the
22    court, the court may enter a disposition order requiring
23    the minor to undergo assessment, counseling or treatment in
24    a substance abuse program approved by the Department of
25    Human Services.
26    (2) Any sentencing order other than commitment to the



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



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1payments may not exceed the maximum amounts provided for by
2Section 9.1 of the Children and Family Services Act.
3    (6) Whenever the sentencing order requires the minor to
4attend school or participate in a program of training, the
5truant officer or designated school official shall regularly
6report to the court if the minor is a chronic or habitual
7truant under Section 26-2a of the School Code. Notwithstanding
8any other provision of this Act, in instances in which
9educational services are to be provided to a minor in a
10residential facility where the minor has been placed by the
11court, costs incurred in the provision of those educational
12services must be allocated based on the requirements of the
13School Code.
14    (7) In no event shall a guilty minor be committed to the
15Department of Juvenile Justice for a period of time in excess
16of that period for which an adult could be committed for the
17same act.
18    (8) A minor found to be guilty for reasons that include a
19violation of Section 21-1.3 of the Criminal Code of 1961 shall
20be ordered to perform community service for not less than 30
21and not more than 120 hours, if community service is available
22in the jurisdiction. The community service shall include, but
23need not be limited to, the cleanup and repair of the damage
24that was caused by the violation or similar damage to property
25located in the municipality or county in which the violation
26occurred. The order may be in addition to any other order



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1authorized by this Section.
2    (8.5) A minor found to be guilty for reasons that include a
3violation of Section 3.02 or Section 3.03 of the Humane Care
4for Animals Act or paragraph (d) of subsection (1) of Section
521-1 of the Criminal Code of 1961 shall be ordered to undergo
6medical or psychiatric treatment rendered by a psychiatrist or
7psychological treatment rendered by a clinical psychologist.
8The order may be in addition to any other order authorized by
9this Section.
10    (9) In addition to any other sentencing order, the court
11shall order any minor found to be guilty for an act which would
12constitute, predatory criminal sexual assault of a child,
13aggravated criminal sexual assault, criminal sexual assault,
14aggravated criminal sexual abuse, or criminal sexual abuse if
15committed by an adult to undergo medical testing to determine
16whether the defendant has any sexually transmissible disease
17including a test for infection with human immunodeficiency
18virus (HIV) or any other identified causative agency of
19acquired immunodeficiency syndrome (AIDS). Any medical test
20shall be performed only by appropriately licensed medical
21practitioners and may include an analysis of any bodily fluids
22as well as an examination of the minor's person. Except as
23otherwise provided by law, the results of the test shall be
24kept strictly confidential by all medical personnel involved in
25the testing and must be personally delivered in a sealed
26envelope to the judge of the court in which the sentencing



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1order was entered for the judge's inspection in camera. Acting
2in accordance with the best interests of the victim and the
3public, the judge shall have the discretion to determine to
4whom the results of the testing may be revealed. The court
5shall notify the minor of the results of the test for infection
6with the human immunodeficiency virus (HIV). The court shall
7also notify the victim if requested by the victim, and if the
8victim is under the age of 15 and if requested by the victim's
9parents or legal guardian, the court shall notify the victim's
10parents or the legal guardian, of the results of the test for
11infection with the human immunodeficiency virus (HIV). The
12court shall provide information on the availability of HIV
13testing and counseling at the Department of Public Health
14facilities to all parties to whom the results of the testing
15are revealed. The court shall order that the cost of any test
16shall be paid by the county and may be taxed as costs against
17the minor.
18    (10) When a court finds a minor to be guilty the court
19shall, before entering a sentencing order under this Section,
20make a finding whether the offense committed either: (a) was
21related to or in furtherance of the criminal activities of an
22organized gang or was motivated by the minor's membership in or
23allegiance to an organized gang, or (b) involved a violation of
24subsection (a) of Section 12-7.1 of the Criminal Code of 1961,
25a violation of any Section of Article 24 of the Criminal Code
26of 1961, or a violation of any statute that involved the



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1wrongful use of a firearm. If the court determines the question
2in the affirmative, and the court does not commit the minor to
3the Department of Juvenile Justice, the court shall order the
4minor to perform community service for not less than 30 hours
5nor more than 120 hours, provided that community service is
6available in the jurisdiction and is funded and approved by the
7county board of the county where the offense was committed. The
8community service shall include, but need not be limited to,
9the cleanup and repair of any damage caused by a violation of
10Section 21-1.3 of the Criminal Code of 1961 and similar damage
11to property located in the municipality or county in which the
12violation occurred. When possible and reasonable, the
13community service shall be performed in the minor's
14neighborhood. This order shall be in addition to any other
15order authorized by this Section except for an order to place
16the minor in the custody of the Department of Juvenile Justice.
17For the purposes of this Section, "organized gang" has the
18meaning ascribed to it in Section 10 of the Illinois Streetgang
19Terrorism Omnibus Prevention Act.
20    (11) If the court determines that the offense was committed
21in furtherance of the criminal activities of an organized gang,
22as provided in subsection (10), and that the offense involved
23the operation or use of a motor vehicle or the use of a
24driver's license or permit, the court shall notify the
25Secretary of State of that determination and of the period for
26which the minor shall be denied driving privileges. If, at the



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1time of the determination, the minor does not hold a driver's
2license or permit, the court shall provide that the minor shall
3not be issued a driver's license or permit until his or her
418th birthday. If the minor holds a driver's license or permit
5at the time of the determination, the court shall provide that
6the minor's driver's license or permit shall be revoked until
7his or her 21st birthday, or until a later date or occurrence
8determined by the court. If the minor holds a driver's license
9at the time of the determination, the court may direct the
10Secretary of State to issue the minor a judicial driving
11permit, also known as a JDP. The JDP shall be subject to the
12same terms as a JDP issued under Section 6-206.1 of the
13Illinois Vehicle Code, except that the court may direct that
14the JDP be effective immediately.
15    (12) If a minor is found to be guilty of a violation of
16subsection (a-7) of Section 1 of the Prevention of Tobacco Use
17by Minors Act, the court may, in its discretion, and upon
18recommendation by the State's Attorney, order that minor and
19his or her parents or legal guardian to attend a smoker's
20education or youth diversion program as defined in that Act if
21that program is available in the jurisdiction where the
22offender resides. Attendance at a smoker's education or youth
23diversion program shall be time-credited against any community
24service time imposed for any first violation of subsection
25(a-7) of Section 1 of that Act. In addition to any other
26penalty that the court may impose for a violation of subsection



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1(a-7) of Section 1 of that Act, the court, upon request by the
2State's Attorney, may in its discretion require the offender to
3remit a fee for his or her attendance at a smoker's education
4or youth diversion program.
5    For purposes of this Section, "smoker's education program"
6or "youth diversion program" includes, but is not limited to, a
7seminar designed to educate a person on the physical and
8psychological effects of smoking tobacco products and the
9health consequences of smoking tobacco products that can be
10conducted with a locality's youth diversion program.
11    In addition to any other penalty that the court may impose
12under this subsection (12):
13        (a) If a minor violates subsection (a-7) of Section 1
14    of the Prevention of Tobacco Use by Minors Act, the court
15    may impose a sentence of 15 hours of community service or a
16    fine of $25 for a first violation.
17        (b) A second violation by a minor of subsection (a-7)
18    of Section 1 of that Act that occurs within 12 months after
19    the first violation is punishable by a fine of $50 and 25
20    hours of community service.
21        (c) A third or subsequent violation by a minor of
22    subsection (a-7) of Section 1 of that Act that occurs
23    within 12 months after the first violation is punishable by
24    a $100 fine and 30 hours of community service.
25        (d) Any second or subsequent violation not within the
26    12-month time period after the first violation is



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1    punishable as provided for a first violation.
2(Source: P.A. 95-337, eff. 6-1-08; 95-642, eff. 6-1-08; 95-844,
3eff. 8-15-08; 95-876, eff. 8-21-08; 96-179, eff. 8-10-09;
496-293, eff. 1-1-10; 96-1000, eff. 7-2-10.)
5    (705 ILCS 405/5-720)
6    Sec. 5-720. Probation revocation.
7    (1) If a petition is filed charging a violation of a
8condition of probation or of conditional discharge, the court
10        (a) order the minor to appear; or
11        (b) order the minor's detention if the court finds that
12    the detention is a matter of immediate and urgent necessity
13    for the protection of the minor or of the person or
14    property of another or that the minor is likely to flee the
15    jurisdiction of the court, provided that any such detention
16    shall be in a juvenile detention home and the minor so
17    detained shall be 13 10 years of age or older; and
18        (c) notify the persons named in the petition under
19    Section 5-520, in accordance with the provisions of Section
20    5-530.
21    In making its detention determination under paragraph (b)
22of this subsection (1) of this Section, the court may use
23information in its findings offered at such a hearing by way of
24proffer based upon reliable information presented by the State,
25probation officer, or the minor. The filing of a petition for



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1violation of a condition of probation or of conditional
2discharge shall toll the period of probation or of conditional
3discharge until the final determination of the charge, and the
4term of probation or conditional discharge shall not run until
5the hearing and disposition of the petition for violation.
6    (2) The court shall conduct a hearing of the alleged
7violation of probation or of conditional discharge. The minor
8shall not be held in detention longer than 15 days pending the
9determination of the alleged violation.
10    (3) At the hearing, the State shall have the burden of
11going forward with the evidence and proving the violation by a
12preponderance of the evidence. The evidence shall be presented
13in court with the right of confrontation, cross-examination,
14and representation by counsel.
15    (4) If the court finds that the minor has violated a
16condition at any time prior to the expiration or termination of
17the period of probation or conditional discharge, it may
18continue him or her on the existing sentence, with or without
19modifying or enlarging the conditions, or may revoke probation
20or conditional discharge and impose any other sentence that was
21available under Section 5-710 at the time of the initial
23    (5) The conditions of probation and of conditional
24discharge may be reduced or enlarged by the court on motion of
25the probation officer or on its own motion or at the request of
26the minor after notice and hearing under this Section.



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1    (6) Sentencing after revocation of probation or of
2conditional discharge shall be under Section 5-705.
3    (7) Instead of filing a violation of probation or of
4conditional discharge, the probation officer, with the
5concurrence of his or her supervisor, may serve on the minor a
6notice of intermediate sanctions. The notice shall contain the
7technical violation or violations involved, the date or dates
8of the violation or violations, and the intermediate sanctions
9to be imposed. Upon receipt of the notice, the minor shall
10immediately accept or reject the intermediate sanctions. If the
11sanctions are accepted, they shall be imposed immediately. If
12the intermediate sanctions are rejected or the minor does not
13respond to the notice, a violation of probation or of
14conditional discharge shall be immediately filed with the
15court. The State's Attorney and the sentencing court shall be
16notified of the notice of sanctions. Upon successful completion
17of the intermediate sanctions, a court may not revoke probation
18or conditional discharge or impose additional sanctions for the
19same violation. A notice of intermediate sanctions may not be
20issued for any violation of probation or conditional discharge
21which could warrant an additional, separate felony charge.
22(Source: P.A. 90-590, eff. 1-1-99.)