State of Illinois
91st General Assembly

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HB2257 Enrolled                                LRB9104020REPk

 1        AN  ACT  to  amend  the  Juvenile  Court  Act  of 1987 by
 2    changing Section 5-615.

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

 5        Section  5.  The Juvenile Court Act of 1987 is amended by
 6    changing Section 5-615 as follows:

 7        (705 ILCS 405/5-615)
 8        Sec. 5-615.  Continuance under supervision.
 9        (1)  The court may enter an order  of  continuance  under
10    supervision  for an offense other than first degree murder, a
11    Class X felony or a forcible felony (a) upon an admission  or
12    stipulation by the appropriate respondent or minor respondent
13    of the facts supporting the petition and before proceeding to
14    adjudication, or after hearing the evidence at the trial, and
15    (b)  in  the  absence  of objection made in open court by the
16    minor, his or her parent, guardian, or legal  custodian,  the
17    minor's attorney or the State's Attorney.
18        (2)  If  the minor, his or her parent, guardian, or legal
19    custodian, the minor's attorney or State's  Attorney  objects
20    in  open court to any continuance and insists upon proceeding
21    to findings and adjudication, the court shall so proceed.
22        (3)  Nothing in this Section  limits  the  power  of  the
23    court   to  order  a  continuance  of  the  hearing  for  the
24    production of additional evidence or  for  any  other  proper
25    reason.
26        (4)  When  a  hearing  where  a  minor is alleged to be a
27    delinquent is continued pursuant to this Section, the  period
28    of  continuance  under  supervision may not exceed 24 months.
29    The court may terminate a continuance  under  supervision  at
30    any  time  if  warranted  by the conduct of the minor and the
31    ends of justice.
HB2257 Enrolled             -2-                LRB9104020REPk
 1        (5)  When a hearing  where  a  minor  is  alleged  to  be
 2    delinquent  is  continued pursuant to this Section, the court
 3    may, as conditions  of  the  continuance  under  supervision,
 4    require the minor to do any of the following:
 5             (a)  not   violate   any  criminal  statute  of  any
 6        jurisdiction;
 7             (b)  make a report to and appear  in  person  before
 8        any 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 psychotherapeutic  treatment
12        rendered  by a therapist licensed under the provisions of
13        the  Medical  Practice  Act  of   1987,    the   Clinical
14        Psychologist  Licensing  Act, or the Clinical Social Work
15        and Social Work Practice Act, or an  entity  licensed  by
16        the  Department  of  Human Services as a successor to the
17        Department of Alcoholism and  Substance  Abuse,  for  the
18        provision of drug addiction and alcoholism treatment;
19             (e)  attend  or reside in a facility established for
20        the instruction or residence of persons on probation;
21             (f)  support his or her dependents, if any;
22             (g)  pay costs;
23             (h)  refrain from  possessing  a  firearm  or  other
24        dangerous weapon, or an automobile;
25             (i)  permit  the  probation  officer to visit him or
26        her at his or her home or elsewhere;
27             (j)  reside with his or her parents or in  a  foster
28        home;
29             (k)  attend school;
30             (l)  attend a non-residential program for youth;
31             (m)  contribute to his or her own support at home or
32        in a foster home;
33             (n)  perform  some  reasonable  public  or community
34        service;
HB2257 Enrolled             -3-                LRB9104020REPk
 1             (o)  make restitution to the  victim,  in  the  same
 2        manner  and  under  the  same  conditions  as provided in
 3        subsection  (4)  of  Section  5-710,  except   that   the
 4        "sentencing hearing" referred to in that Section shall be
 5        the adjudicatory hearing for purposes of this Section;
 6             (p)  comply  with  curfew requirements as designated
 7        by the court;
 8             (q)  refrain  from  entering   into   a   designated
 9        geographic  area  except  upon  terms  as the court finds
10        appropriate.  The terms may include consideration of  the
11        purpose  of  the  entry,  the  time of day, other persons
12        accompanying  the  minor,  and  advance  approval  by   a
13        probation officer;
14             (r)  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)  refrain  from  having  in  his  or her body the
19        presence of any illicit drug prohibited by  the  Cannabis
20        Control  Act  or  the Illinois Controlled Substances Act,
21        unless prescribed by a physician, and submit  samples  of
22        his  or her blood or urine or both for tests to determine
23        the presence of any illicit drug;  or
24             (t)  comply with any  other  conditions  as  may  be
25        ordered by the court.
26        (6)  A  minor  whose  case is continued under supervision
27    under subsection (5) shall be  given  a  certificate  setting
28    forth  the  conditions imposed by the court. Those conditions
29    may be reduced, enlarged, or modified by the court on  motion
30    of the probation officer or on its own motion, or that of the
31    State's  Attorney,  or,  at  the  request  of the minor after
32    notice and hearing.
33        (7)  If a petition is filed charging  a  violation  of  a
34    condition  of  the  continuance  under supervision, the court
HB2257 Enrolled             -4-                LRB9104020REPk
 1    shall conduct a hearing.  If the court finds that a condition
 2    of supervision has not been fulfilled, the court may  proceed
 3    to  findings and adjudication and disposition.  The filing of
 4    a petition for violation of a condition  of  the  continuance
 5    under  supervision shall toll the period of continuance under
 6    supervision until the final determination of the charge,  and
 7    the  term  of the continuance under supervision shall not run
 8    until  the  hearing  and  disposition  of  the  petition  for
 9    violation;  provided where the petition alleges conduct  that
10    does  not  constitute a criminal offense, the hearing must be
11    held within 30 days of the filing of the  petition  unless  a
12    delay shall continue the tolling of the period of continuance
13    under supervision for the period of the delay.
14        (8)  When  a  hearing in which a minor is alleged to be a
15    delinquent for reasons that include a  violation  of  Section
16    21-1.3  of  the Criminal Code of 1961 is continued under this
17    Section, the court shall, as a condition of  the  continuance
18    under  supervision,  require  the  minor to perform community
19    service for not less than 30 and not more than 120 hours,  if
20    community  service  is  available  in  the jurisdiction.  The
21    community service shall include, but need not be limited  to,
22    the  cleanup  and repair of the damage that was caused by the
23    alleged violation or similar damage to  property  located  in
24    the  municipality  or  county  in which the alleged violation
25    occurred.  The condition may be  in  addition  to  any  other
26    condition.
27        (9)  When  a  hearing in which a minor is alleged to be a
28    delinquent is continued under this Section, the court, before
29    continuing the case, shall make a finding whether the offense
30    alleged to have been committed either:  (i) was related to or
31    in furtherance of the activities of an organized gang or  was
32    motivated  by  the  minor's membership in or allegiance to an
33    organized gang, or (ii) is a violation of paragraph  (13)  of
34    subsection  (a) of Section 12-2 of the Criminal Code of 1961,
HB2257 Enrolled             -5-                LRB9104020REPk
 1    a violation of any Section of Article 24 of the Criminal Code
 2    of 1961, or a violation of  any  statute  that  involved  the
 3    unlawful  use  of  a  firearm.   If  the court determines the
 4    question in the affirmative the court shall, as  a  condition
 5    of  the  continuance  under  supervision and as part of or in
 6    addition to any other condition of the  supervision,  require
 7    the  minor  to perform community service for not less than 30
 8    hours nor  more  than  120  hours,  provided  that  community
 9    service  is  available  in the jurisdiction and is funded and
10    approved by the county board of the county where the  offense
11    was committed.  The community service shall include, but need
12    not  be  limited  to,  the  cleanup  and repair of any damage
13    caused by an alleged  violation  of  Section  21-1.3  of  the
14    Criminal  Code of 1961 and similar damage to property located
15    in the municipality or county in which the alleged  violation
16    occurred.    When  possible  and  reasonable,  the  community
17    service shall be performed in the minor's neighborhood.   For
18    the  purposes  of  this  Section,  "organized  gang"  has the
19    meaning  ascribed  to  it  in  Section  10  of  the  Illinois
20    Streetgang Terrorism Omnibus Prevention Act.
21        (10)  The court shall  impose  upon  a  minor  placed  on
22    supervision,  as a condition of the supervision, a fee of $25
23    for each month of supervision ordered by  the  court,  unless
24    after  determining  the  inability  of  the  minor  placed on
25    supervision to pay the  fee,  the  court  assesses  a  lesser
26    amount.   The  court may not impose the fee on a minor who is
27    made a ward of the State under this Act while the minor is in
28    placement.  The fee shall be imposed only upon a minor who is
29    actively supervised  by  the  probation  and  court  services
30    department.  A court may order the parent, guardian, or legal
31    custodian  of  the minor to pay some or all of the fee on the
32    minor's behalf.
33    (Source: P.A. 90-590, eff. 1-1-99.)
HB2257 Enrolled             -6-                LRB9104020REPk
 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.

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