State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]



92_SB1057

 
                                               LRB9203131RCpc

 1        AN ACT in relation to minors.

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

 4        Section 5.  The Juvenile Court Act of 1987 is amended  by
 5    changing Sections 3-21, 3-24, 4-18, and 4-21 as follows:

 6        (705 ILCS 405/3-21) (from Ch. 37, par. 803-21)
 7        Sec. 3-21.  Continuance under supervision.  (1) The court
 8    may  enter an order of continuance under supervision (a) upon
 9    an admission or stipulation by the appropriate respondent  or
10    minor  respondent  of  the  facts supporting the petition and
11    before proceeding to  findings  and  adjudication,  or  after
12    hearing  the  evidence at the adjudicatory hearing but before
13    noting in the minutes of proceedings a finding of whether  or
14    not   the   minor   is   a   person  requiring  authoritative
15    intervention; and (b) in the absence  of  objection  made  in
16    open  court  by  the  minor, his parent, guardian, custodian,
17    responsible  relative,  defense  attorney  or   the   State's
18    Attorney.
19        (2)  If  the  minor,  his  parent,  guardian,  custodian,
20    responsible  relative,  defense attorney or State's Attorney,
21    objects in open court to any  such  continuance  and  insists
22    upon proceeding to findings and adjudication, the court shall
23    so proceed.
24        (3)  Nothing  in  this  Section  limits  the power of the
25    court  to  order  a  continuance  of  the  hearing  for   the
26    production  of  additional  evidence  or for any other proper
27    reason.
28        (4)  When a hearing where a minor  is  alleged  to  be  a
29    minor   requiring  authoritative  intervention  is  continued
30    pursuant to this Section, the court may permit the  minor  to
31    remain  in his home subject to such conditions concerning his
 
                            -2-                LRB9203131RCpc
 1    conduct and supervision as the court may require by order.
 2        (5)  If a petition is filed charging  a  violation  of  a
 3    condition  of  the  continuance  under supervision, the court
 4    shall conduct  a  hearing.  If  the  court  finds  that  such
 5    condition of supervision has not been fulfilled the court may
 6    proceed  to  findings  and adjudication and disposition.  The
 7    filing of a petition for violation  of  a  condition  of  the
 8    continuance  under  supervision  shall  toll  the  period  of
 9    continuance  under  supervision until the final determination
10    of  the  charge,  and  the  term  of  the  continuance  under
11    supervision shall not run until the hearing  and  disposition
12    of  the  petition  for violation; provided where the petition
13    alleges conduct that does not constitute a criminal  offense,
14    the  hearing must be held within 15 days of the filing of the
15    petition unless a delay in such hearing has  been  occasioned
16    by  the  minor,  in  which  case the delay shall continue the
17    tolling of the period of continuance  under  supervision  for
18    the period of such delay.
19        (6)  The court must impose upon a minor under an order of
20    continuance  under  supervision  or  an  order of disposition
21    under this Article III, as a condition of the order, a fee of
22    $25 for each month or partial month  of  supervision  with  a
23    probation  officer.  If the court determines the inability of
24    the minor, or the parent, guardian, or legal custodian of the
25    minor to pay the fee, the court may impose a lesser fee.  The
26    court may not impose the fee on a minor who is made a ward of
27    the State under this Act.  The fee may be imposed only upon a
28    minor who is actively supervised by the probation  and  court
29    services  department.  The fee must be collected by the clerk
30    of the circuit court.  The clerk of the  circuit  court  must
31    pay  all  monies  collected  from  this  fee  to  the  county
32    treasurer  for  deposit into the probation and court services
33    fund under  Section  15.1  of  the  Probation  and  Probation
34    Officers Act.
 
                            -3-                LRB9203131RCpc
 1    (Source: P.A. 85-601.)

 2        (705 ILCS 405/3-24) (from Ch. 37, par. 803-24)
 3        Sec. 3-24.  Kinds of dispositional orders.
 4        (1)  The  following kinds of orders of disposition may be
 5    made in respect to wards of the court: A minor  found  to  be
 6    requiring authoritative intervention under Section 3-3 may be
 7    (a)  committed  to  the  Department  of  Children  and Family
 8    Services, subject to Section 5 of  the  Children  and  Family
 9    Services  Act;  (b)  placed under supervision and released to
10    his or her parents, guardian or legal custodian;  (c)  placed
11    in  accordance  with  Section 3-28 with or without also being
12    placed under supervision.  Conditions of supervision  may  be
13    modified or terminated by the court if it deems that the best
14    interests of the minor and the public will be served thereby;
15    (d) ordered partially or completely emancipated in accordance
16    with the provisions of the Emancipation of Mature Minors Act;
17    or  (e)  subject  to  having  his  or her driver's license or
18    driving privilege suspended for such time  as  determined  by
19    the Court but only until he or she attains 18 years of age.
20        (2)  Any  order of disposition may provide for protective
21    supervision under Section 3-25 and may include  an  order  of
22    protection under Section 3-26.
23        (3)  Unless   the   order  of  disposition  expressly  so
24    provides, it does not operate to  close  proceedings  on  the
25    pending  petition, but is subject to modification until final
26    closing and discharge of the proceedings under Section 3-32.
27        (4)  In addition to any other order of  disposition,  the
28    court  may  order  any  person  found to be a minor requiring
29    authoritative  intervention  under  Section   3-3   to   make
30    restitution,  in  monetary  or  non-monetary  form, under the
31    terms and conditions of Section 5-5-6 of the Unified Code  of
32    Corrections,  except  that the "presentence hearing" referred
33    to therein shall be the dispositional hearing for purposes of
 
                            -4-                LRB9203131RCpc
 1    this Section.  The parent, guardian  or  legal  custodian  of
 2    the  minor  may  pay  some  or all of such restitution on the
 3    minor's behalf.
 4        (5)  Any  order  for  disposition  where  the  minor   is
 5    committed  or  placed  in  accordance with Section 3-28 shall
 6    provide for the parents or guardian of  the  estate  of  such
 7    minor to pay to the legal custodian or guardian of the person
 8    of  the minor such sums as are determined by the custodian or
 9    guardian of the person of the  minor  as  necessary  for  the
10    minor's  needs.  Such  payments  may  not  exceed the maximum
11    amounts provided for by  Section  9.1  of  the  Children  and
12    Family Services Act.
13        (6)  Whenever the order of disposition requires the minor
14    to attend school or participate in a program of training, the
15    truant  officer or designated school official shall regularly
16    report to the court if the minor is  a  chronic  or  habitual
17    truant under Section 26-2a of the School Code.
18        (7)  The court must impose upon a minor under an order of
19    continuance  under  supervision  or  an  order of disposition
20    under this Article III, as a condition of the order, a fee of
21    $25 for each month or partial month  of  supervision  with  a
22    probation  officer.  If the court determines the inability of
23    the minor, or the parent, guardian, or legal custodian of the
24    minor to pay the fee, the court may impose a lesser fee.  The
25    court may not impose the fee on a minor who is made a ward of
26    the State under this Act.  The fee may be imposed only upon a
27    minor who is actively supervised by the probation  and  court
28    services  department.  The fee must be collected by the clerk
29    of the circuit court.  The clerk of the  circuit  court  must
30    pay  all  monies  collected  from  this  fee  to  the  county
31    treasurer  for  deposit into the probation and court services
32    fund under  Section  15.1  of  the  Probation  and  Probation
33    Officers Act.
34    (Source: P.A. 89-235, eff. 8-4-95; 90-590, eff. 1-1-99.)
 
                            -5-                LRB9203131RCpc
 1        (705 ILCS 405/4-18) (from Ch. 37, par. 804-18)
 2        Sec. 4-18.  Continuance under supervision.  (1) The court
 3    may  enter an order of continuance under supervision (a) upon
 4    an admission or stipulation by the appropriate respondent  or
 5    minor  respondent  of  the  facts supporting the petition and
 6    before proceeding to  findings  and  adjudication,  or  after
 7    hearing  the  evidence at the adjudicatory hearing but before
 8    noting in the minutes of the proceeding a finding of  whether
 9    or  not  the  minor  is  an addict, and (b) in the absence of
10    objection made in  open  court  by  the  minor,  his  parent,
11    guardian,  custodian,  responsible relative, defense attorney
12    or the State's Attorney.
13        (2)  If  the  minor,  his  parent,  guardian,  custodian,
14    responsible relative, defense attorney or  State's  Attorney,
15    objects  in  open  court  to any such continuance and insists
16    upon proceeding to findings and adjudication, the court shall
17    so proceed.
18        (3)  Nothing in this Section  limits  the  power  of  the
19    court   to  order  a  continuance  of  the  hearing  for  the
20    production of additional evidence or  for  any  other  proper
21    reason.
22        (4)  When   a  hearing  is  continued  pursuant  to  this
23    Section, the court may permit the minor to remain in his home
24    subject  to  such  conditions  concerning  his  conduct   and
25    supervision as the court may require by order.
26        (5)  If  a  petition  is  filed charging a violation of a
27    condition of the continuance  under  supervision,  the  court
28    shall  conduct  a  hearing.  If  the  court  finds  that such
29    condition of supervision has not been fulfilled the court may
30    proceed to findings and adjudication  and  disposition.   The
31    filing  of  a  petition  for  violation of a condition of the
32    continuance  under  supervision  shall  toll  the  period  of
33    continuance under supervision until the  final  determination
34    of  the  charge,  and  the  term  of  the  continuance  under
 
                            -6-                LRB9203131RCpc
 1    supervision  shall  not run until the hearing and disposition
 2    of the petition for violation; provided  where  the  petition
 3    alleges  conduct that does not constitute a criminal offense,
 4    the hearing must be held within 15 days of the filing of  the
 5    petition  unless  a delay in such hearing has been occasioned
 6    by the minor, in which case  the  delay  shall  continue  the
 7    tolling  of  the  period of continuance under supervision for
 8    the period of such delay.
 9        (6)  The court must impose upon a minor under an order of
10    continuance under supervision  or  an  order  of  disposition
11    under  this Article IV, as a condition of the order, a fee of
12    $25 for each month or partial month  of  supervision  with  a
13    probation  officer.  If the court determines the inability of
14    the minor, or the parent, guardian, or legal custodian of the
15    minor to pay the fee, the court may impose a lesser fee.  The
16    court may not impose the fee on a minor who is made a ward of
17    the State under this Act.  The fee may be imposed only upon a
18    minor who is actively supervised by the probation  and  court
19    services  department.  The fee must be collected by the clerk
20    of the circuit court.  The clerk of the  circuit  court  must
21    pay  all  monies  collected  from  this  fee  to  the  county
22    treasurer  for  deposit into the probation and court services
23    fund under  Section  15.1  of  the  Probation  and  Probation
24    Officers Act.
25    (Source: P.A. 85-601.)

26        (705 ILCS 405/4-21) (from Ch. 37, par. 804-21)
27        Sec. 4-21.  Kinds of dispositional orders.
28        (1)  A  minor  found to be addicted under Section 4-3 may
29    be (a) committed to the Department  of  Children  and  Family
30    Services,  subject  to  Section  5 of the Children and Family
31    Services Act; (b) placed under supervision  and  released  to
32    his  or  her parents, guardian or legal custodian; (c) placed
33    in accordance with Section 4-25 with or  without  also  being
 
                            -7-                LRB9203131RCpc
 1    placed  under  supervision.  Conditions of supervision may be
 2    modified or terminated by the court if it deems that the best
 3    interests of the minor and the public will be served thereby;
 4    (d) required to attend an  approved  alcohol  or  drug  abuse
 5    treatment or counseling program on an inpatient or outpatient
 6    basis  instead of or in addition to the disposition otherwise
 7    provided for in this  paragraph;  (e)  ordered  partially  or
 8    completely  emancipated  in accordance with the provisions of
 9    the Emancipation of Mature Minors  Act;  or  (f)  subject  to
10    having  his  or  her  driver's  license  or driving privilege
11    suspended for such time as determined by the Court  but  only
12    until  he  or  she  attains  18 years of age.  No disposition
13    under this subsection shall provide for the minor's placement
14    in a secure facility.
15        (2)  Any order of disposition may provide for  protective
16    supervision  under  Section  4-22 and may include an order of
17    protection under Section 4-23.
18        (3)  Unless  the  order  of  disposition   expressly   so
19    provides,  it  does  not  operate to close proceedings on the
20    pending petition, but is subject to modification until  final
21    closing and discharge of the proceedings under Section 4-29.
22        (4)  In  addition  to any other order of disposition, the
23    court may order any minor found to  be  addicted  under  this
24    Article as neglected with respect to his or her own injurious
25    behavior,  to  make  restitution, in monetary or non-monetary
26    form, under the terms and conditions of Section 5-5-6 of  the
27    Unified  Code  of  Corrections,  except that the "presentence
28    hearing" referred  to  therein  shall  be  the  dispositional
29    hearing  for  purposes of this Section.  The parent, guardian
30    or legal custodian of the minor may pay some or all  of  such
31    restitution on the minor's behalf.
32        (5)  Any  order for disposition where the minor is placed
33    in accordance with Section 4-25 shall provide for the parents
34    or guardian of the estate of such minor to pay to  the  legal
 
                            -8-                LRB9203131RCpc
 1    custodian or guardian of the person of the minor such sums as
 2    are  determined by the custodian or guardian of the person of
 3    the minor as necessary for the minor's needs.  Such  payments
 4    may  not  exceed  the maximum amounts provided for by Section
 5    9.1 of the Children and Family Services Act.
 6        (6)  Whenever the order of disposition requires the minor
 7    to attend school or participate in a program of training, the
 8    truant officer or designated school official shall  regularly
 9    report  to  the  court  if the minor is a chronic or habitual
10    truant under Section 26-2a of the School Code.
11        (7)  The court must impose upon a minor under an order of
12    continuance under supervision  or  an  order  of  disposition
13    under  this Article IV, as a condition of the order, a fee of
14    $25 for each month or partial month  of  supervision  with  a
15    probation  officer.  If the court determines the inability of
16    the minor, or the parent, guardian, or legal custodian of the
17    minor to pay the fee, the court may impose a lesser fee.  The
18    court may not impose the fee on a minor who is made a ward of
19    the State under this Act.  The fee may be imposed only upon a
20    minor who is actively supervised by the probation  and  court
21    services  department.  The fee must be collected by the clerk
22    of the circuit court.  The clerk of the  circuit  court  must
23    pay  all  monies  collected  from  this  fee  to  the  county
24    treasurer  for  deposit into the probation and court services
25    fund under  Section  15.1  of  the  Probation  and  Probation
26    Officers Act.
27    (Source:  P.A.  89-202,  eff.  7-21-95;  89-235, eff. 8-4-95;
28    89-626, eff. 8-9-96; 90-590, eff. 1-1-99.)

[ Top ]