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| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
91_SB0400
LRB9100875RCks
1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Section 5-715.
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 5-715 as follows:
7 (705 ILCS 405/5-715)
8 Sec. 5-715. Probation.
9 (1) The period of probation or conditional discharge
10 shall not exceed 5 years or until the minor has attained the
11 age of 21 years, whichever is less, except as provided in
12 this Section for a minor who is found to be guilty for an
13 offense which is first degree murder, a Class X felony or a
14 forcible felony. The juvenile court may terminate probation
15 or conditional discharge and discharge the minor at any time
16 if warranted by the conduct of the minor and the ends of
17 justice; provided, however, that the period of probation for
18 a minor who is found to be guilty for an offense which is
19 first degree murder, a Class X felony, or a forcible felony
20 shall be at least 5 years.
21 (2) The court may as a condition of probation or of
22 conditional discharge require that the minor:
23 (a) not violate any criminal statute of any
24 jurisdiction;
25 (b) make a report to and appear in person before
26 any person or agency as directed by the court;
27 (c) work or pursue a course of study or vocational
28 training;
29 (d) undergo medical or psychiatric treatment,
30 rendered by a psychiatrist or psychological treatment
31 rendered by a clinical psychologist or social work
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1 services rendered by a clinical social worker, or
2 treatment for drug addiction or alcoholism;
3 (e) attend or reside in a facility established for
4 the instruction or residence of persons on probation;
5 (f) support his or her dependents, if any;
6 (g) refrain from possessing a firearm or other
7 dangerous weapon, or an automobile;
8 (h) permit the probation officer to visit him or
9 her at his or her home or elsewhere;
10 (i) reside with his or her parents or in a foster
11 home;
12 (j) attend school;
13 (k) attend a non-residential program for youth;
14 (l) make restitution under the terms of subsection
15 (4) of Section 5-710;
16 (m) contribute to his or her own support at home or
17 in a foster home;
18 (n) perform some reasonable public or community
19 service;
20 (o) participate with community corrections programs
21 including unified delinquency intervention services
22 administered by the Department of Human Services subject
23 to Section 5 of the Children and Family Services Act;
24 (p) pay costs;
25 (q) serve a term of home confinement. In addition
26 to any other applicable condition of probation or
27 conditional discharge, the conditions of home confinement
28 shall be that the minor:
29 (i) remain within the interior premises of the
30 place designated for his or her confinement during
31 the hours designated by the court;
32 (ii) admit any person or agent designated by
33 the court into the minor's place of confinement at
34 any time for purposes of verifying the minor's
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1 compliance with the conditions of his or her
2 confinement; and
3 (iii) use an approved electronic monitoring
4 device if ordered by the court subject to Article 8A
5 of Chapter V of the Unified Code of Corrections;
6 (r) refrain from entering into a designated
7 geographic area except upon terms as the court finds
8 appropriate. The terms may include consideration of the
9 purpose of the entry, the time of day, other persons
10 accompanying the minor, and advance approval by a
11 probation officer, if the minor has been placed on
12 probation, or advance approval by the court, if the minor
13 has been placed on conditional discharge;
14 (s) 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-5) undergo a medical or other procedure to have
19 a tattoo symbolizing allegiance to a street gang removed
20 from his or her body;
21 (t) refrain from having in his or her body the
22 presence of any illicit drug prohibited by the Cannabis
23 Control Act or the Illinois Controlled Substances Act,
24 unless prescribed by a physician, and shall submit
25 samples of his or her blood or urine or both for tests to
26 determine the presence of any illicit drug; or
27 (u) comply with other conditions as may be ordered
28 by the court.
29 (3) The court may as a condition of probation or of
30 conditional discharge require that a minor found guilty on
31 any alcohol, cannabis, or controlled substance violation,
32 refrain from acquiring a driver's license during the period
33 of probation or conditional discharge. If the minor is in
34 possession of a permit or license, the court may require that
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1 the minor refrain from driving or operating any motor vehicle
2 during the period of probation or conditional discharge,
3 except as may be necessary in the course of the minor's
4 lawful employment.
5 (4) A minor on probation or conditional discharge shall
6 be given a certificate setting forth the conditions upon
7 which he or she is being released.
8 (5) The court shall impose upon a minor placed on
9 probation or conditional discharge, as a condition of the
10 probation or conditional discharge, a fee of $25 for each
11 month of probation or conditional discharge supervision
12 ordered by the court, unless after determining the inability
13 of the minor placed on probation or conditional discharge to
14 pay the fee, the court assesses a lesser amount. The court
15 may not impose the fee on a minor who is made a ward of the
16 State under this Act while the minor is in placement. The
17 fee shall be imposed only upon a minor who is actively
18 supervised by the probation and court services department.
19 The court may order the parent, guardian, or legal custodian
20 of the minor to pay some or all of the fee on the minor's
21 behalf.
22 (6) The General Assembly finds that in order to protect
23 the public, the juvenile justice system must compel
24 compliance with the conditions of probation by responding to
25 violations with swift, certain, and fair punishments and
26 intermediate sanctions. The Chief Judge of each circuit
27 shall adopt a system of structured, intermediate sanctions
28 for violations of the terms and conditions of a sentence of
29 supervision, probation or conditional discharge, under this
30 Act.
31 The court shall provide as a condition of a disposition
32 of probation, conditional discharge, or supervision, that the
33 probation agency may invoke any sanction from the list of
34 intermediate sanctions adopted by the chief judge of the
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1 circuit court for violations of the terms and conditions of
2 the sentence of probation, conditional discharge, or
3 supervision, subject to the provisions of Section 5-720 of
4 this Act.
5 (Source: P.A. 90-590, eff. 1-1-99.)