State of Illinois
91st General Assembly
Legislation

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91_SB0904

 
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 1        AN  ACT  to  amend  the  Juvenile  Court  Act  of 1987 by
 2    changing Section 5-710.

 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 5-710 as follows:

 7        (705 ILCS 405/5-710)
 8        Sec. 5-710.  Kinds of sentencing orders.
 9        (1)  The following kinds of sentencing orders may be made
10    in respect of wards of the court:
11             (a)  Except as provided in  Sections  5-805,  5-810,
12        5-815,  a  minor  who is found guilty under Section 5-620
13        may be:
14                  (i)  put on probation or conditional  discharge
15             and  released  to  his  or  her parents, guardian or
16             legal custodian, provided, however,  that  any  such
17             minor  who  is  not  committed  to the Department of
18             Corrections, Juvenile Division under this subsection
19             and who is found to be a delinquent for  an  offense
20             which is first degree murder, a Class X felony, or a
21             forcible felony shall be placed on probation;
22                  (ii)  placed  in accordance with Section 5-740,
23             with or without  also  being  put  on  probation  or
24             conditional discharge;
25                  (iii)  required  to  undergo  a substance abuse
26             assessment conducted  by  a  licensed  provider  and
27             participate in the indicated clinical level of care;
28                  (iv)  placed   in   the   guardianship  of  the
29             Department of Children and Family Services, but only
30             if the delinquent minor is under 13 years of age;
31                  (v)  placed in detention for a  period  not  to
 
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 1             exceed  30  days,  either  as the exclusive order of
 2             disposition or, where  appropriate,  in  conjunction
 3             with  any  other  order  of disposition issued under
 4             this paragraph, provided  that  any  such  detention
 5             shall  be in a juvenile detention home and the minor
 6             so detained shall be  10  years  of  age  or  older.
 7             However,  the  30-day  limitation may be extended by
 8             further order of the court for a minor under age  13
 9             committed  to  the Department of Children and Family
10             Services if the court finds  that  the  minor  is  a
11             danger  to  himself  or  others.  The minor shall be
12             given credit on the sentencing  order  of  detention
13             for  time  spent  in detention under Sections 5-501,
14             5-601, 5-710, or 5-720 of this Article as  a  result
15             of  the  offense  for which the sentencing order was
16             imposed. The court may grant credit on a  sentencing
17             order  of  detention  entered  under  a violation of
18             probation  or  violation  of  conditional  discharge
19             under Section 5-720 of this Article for  time  spent
20             in  detention  before  the  filing  of  the petition
21             alleging  the  violation.   A  minor  shall  not  be
22             deprived of  credit  for  time  spent  in  detention
23             before  the  filing  of  a violation of probation or
24             conditional discharge alleging the same  or  related
25             act or acts;
26                  (vi)  ordered     partially    or    completely
27             emancipated in accordance with the provisions of the
28             Emancipation of Mature Minors Act;
29                  (vii)  subject to having his  or  her  driver's
30             license  or  driving  privileges  suspended for such
31             time as determined by the court but only until he or
32             she attains 18 years of age; or
33                  (viii)  put   on   probation   or   conditional
34             discharge and  placed  in  detention  under  Section
 
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 1             3-6039  of  the  Counties  Code  for a period not to
 2             exceed the period of incarceration permitted by  law
 3             for  adults  found  guilty  of  the  same offense or
 4             offenses  for  which  the  minor   was   adjudicated
 5             delinquent,  and  in  any  event no longer than upon
 6             attainment  of  age  21;  this  subdivision   (viii)
 7             notwithstanding any contrary provision of the law.
 8             (b)  A  minor found to be guilty may be committed to
 9        the Department of Corrections, Juvenile  Division,  under
10        Section  5-750  if the minor is 13 years of age or older,
11        provided  that  the  commitment  to  the  Department   of
12        Corrections,  Juvenile  Division, shall be made only if a
13        term of incarceration is  permitted  by  law  for  adults
14        found  guilty  of  the  offense  for  which the minor was
15        adjudicated delinquent.  The time during which a minor is
16        in custody before being released upon the  request  of  a
17        parent,  guardian  or legal custodian shall be considered
18        as time spent in detention.
19             (c)  When a minor is  found  to  be  guilty  for  an
20        offense  which  is a violation of the Illinois Controlled
21        Substances Act or the Cannabis Control Act   and  made  a
22        ward  of  the  court,  the  court may enter a disposition
23        order  requiring  the  minor   to   undergo   assessment,
24        counseling  or  treatment  in  a  substance abuse program
25        approved by the Department of Human Services.
26        (2)  Any sentencing order other than  commitment  to  the
27    Department of Corrections, Juvenile Division, may provide for
28    protective supervision under Section 5-725 and may include an
29    order of protection under Section 5-730.
30        (3)  Unless  the  sentencing order expressly so provides,
31    it does not operate  to  close  proceedings  on  the  pending
32    petition,  but is subject to modification until final closing
33    and discharge of the proceedings under Section 5-750.
34        (4)  In addition to any other  sentence,  the  court  may
 
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 1    order  any  minor found to be delinquent to make restitution,
 2    in  monetary  or  non-monetary  form,  under  the  terms  and
 3    conditions  of  Section  5-5-6  of  the   Unified   Code   of
 4    Corrections, except that the "presentencing hearing" referred
 5    to  in  that  Section  shall  be  the  sentencing hearing for
 6    purposes of this Section.   The  parent,  guardian  or  legal
 7    custodian  of  the  minor  may be ordered by the court to pay
 8    some or  all  of  the  restitution  on  the  minor's  behalf,
 9    pursuant  to  the  Parental Responsibility Law.   The State's
10    Attorney is authorized to act on  behalf  of  any  victim  in
11    seeking  restitution in proceedings under this Section, up to
12    the maximum amount allowed  in  Section  5  of  the  Parental
13    Responsibility Law.
14        (5)  Any sentencing order where the minor is committed or
15    placed in accordance with Section 5-740 shall provide for the
16    parents  or guardian of the estate of the minor to pay to the
17    legal custodian or guardian of the person of the  minor  such
18    sums  as  are  determined by the custodian or guardian of the
19    person of the minor as necessary for the minor's needs.   The
20    payments  may  not exceed the maximum amounts provided for by
21    Section 9.1 of the Children and Family Services Act.
22        (6)  Whenever the sentencing order requires the minor  to
23    attend  school  or  participate in a program of training, the
24    truant officer or designated school official shall  regularly
25    report  to  the  court  if the minor is a chronic or habitual
26    truant under Section 26-2a of the School Code.
27        (7)  In no event shall a guilty minor be committed to the
28    Department of Corrections, Juvenile Division for a period  of
29    time  in  excess  of  that period for which an adult could be
30    committed for the same act.
31        (8)  A minor found to be guilty for reasons that  include
32    a  violation  of  Section 21-1.3 of the Criminal Code of 1961
33    shall be ordered to perform community service  for  not  less
34    than  30 and not more than 120 hours, if community service is
 
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 1    available in the jurisdiction.  The community  service  shall
 2    include,  but  need not be limited to, the cleanup and repair
 3    of the damage that was caused by  the  violation  or  similar
 4    damage  to  property located in the municipality or county in
 5    which the violation occurred.  The order may be  in  addition
 6    to any other order authorized by this Section.
 7        (9)  In addition to any other sentencing order, the court
 8    shall  order  any  minor  found to be guilty for an act which
 9    would constitute, predatory  criminal  sexual  assault  of  a
10    child,  aggravated  criminal  sexual assault, criminal sexual
11    assault, aggravated criminal sexual abuse, or criminal sexual
12    abuse if committed by an adult to undergo medical testing  to
13    determine    whether   the   defendant   has   any   sexually
14    transmissible disease including a  test  for  infection  with
15    human  immunodeficiency  virus  (HIV) or any other identified
16    causative  agency  of  acquired   immunodeficiency   syndrome
17    (AIDS).    Any  medical  test  shall  be  performed  only  by
18    appropriately licensed medical practitioners and may  include
19    an analysis of any bodily fluids as well as an examination of
20    the  minor's person. Except as otherwise provided by law, the
21    results of the test shall be kept  strictly  confidential  by
22    all  medical  personnel  involved  in the testing and must be
23    personally delivered in a sealed envelope to the judge of the
24    court in which the  sentencing  order  was  entered  for  the
25    judge's  inspection in camera.  Acting in accordance with the
26    best interests of the victim and the public, the judge  shall
27    have  the  discretion to determine to whom the results of the
28    testing may be revealed.  The court shall notify the minor of
29    the  results  of  the  test  for  infection  with  the  human
30    immunodeficiency virus (HIV).  The court  shall  also  notify
31    the  victim  if requested by the victim, and if the victim is
32    under the age of 15 and if requested by the victim's  parents
33    or  legal  guardian,  the  court  shall  notify  the victim's
34    parents or the legal guardian, of the results of the test for
 
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 1    infection with the human immunodeficiency virus  (HIV).   The
 2    court  shall  provide  information on the availability of HIV
 3    testing and counseling at the  Department  of  Public  Health
 4    facilities  to all parties to whom the results of the testing
 5    are revealed.  The court shall order that  the  cost  of  any
 6    test  shall  be  paid by the county and may be taxed as costs
 7    against the minor.
 8        (10)  When a court finds a minor to be guilty  the  court
 9    shall, before entering a sentencing order under this Section,
10    make a finding whether the offense committed either:  (a) was
11    related to or in furtherance of the criminal activities of an
12    organized  gang or was motivated by the minor's membership in
13    or allegiance  to  an  organized  gang,  or  (b)  involved  a
14    violation of subsection (a) of Section 12-7.1 of the Criminal
15    Code of 1961, a violation of any Section of Article 24 of the
16    Criminal  Code  of  1961,  or a violation of any statute that
17    involved the  wrongful  use  of  a  firearm.   If  the  court
18    determines  the  question  in  the affirmative, and the court
19    does not commit the minor to the Department  of  Corrections,
20    Juvenile Division, the court shall order the minor to perform
21    community  service  for  not less than 30 hours nor more than
22    120 hours, provided that community service  is  available  in
23    the  jurisdiction  and  is  funded and approved by the county
24    board of the county where the  offense  was  committed.   The
25    community  service shall include, but need not be limited to,
26    the cleanup and repair of any damage caused by a violation of
27    Section 21-1.3 of the  Criminal  Code  of  1961  and  similar
28    damage  to  property located in the municipality or county in
29    which the violation occurred.  When possible and  reasonable,
30    the  community  service  shall  be  performed  in the minor's
31    neighborhood.  This order shall be in addition to  any  other
32    order authorized by this Section except for an order to place
33    the  minor  in  the custody of the Department of Corrections,
34    Juvenile  Division.   For  the  purposes  of  this   Section,
 
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 1    "organized gang" has the meaning ascribed to it in Section 10
 2    of the Illinois Streetgang Terrorism Omnibus Prevention Act.
 3        (11)  When  the  court finds that the minor committed the
 4    offense of criminal defacement of property and the  minor  is
 5    under the age of 14 years at the time of the occurrence, then
 6    the  court shall order the minor to perform community service
 7    for not less than 30  hours.   The  community  service  shall
 8    include,  but need not be limited to, the cleaning and repair
 9    of  any  damage  caused  by  the  violation  located  in  the
10    municipality or county in which the violation occurred.  When
11    possible and  reasonable,  the  community  service  shall  be
12    performed  in  the minor's neighborhood.  This order shall be
13    in addition to any other order authorized  by  this  Section,
14    except  for an order to place the minor in the custody of the
15    Department of Corrections, Juvenile Division.  In addition to
16    the minor's sentence,  the  court  shall  order  the  parent,
17    guardian,  or  legal  custodian  to  share  in  the mandatory
18    community service  unless  the  parent,  guardian,  or  legal
19    custodian  demonstrates that at the time of the occurrence he
20    or she used due diligence for the maintenance and supervision
21    of the child.
22    (Source: P.A. 90-590, eff. 1-1-99.)

23        Section 99.  Effective date.  This Act takes effect  upon
24    becoming law.

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