Public Act 098-0062
 
HB3172 EnrolledLRB098 08458 RLC 38565 b


  
    AN ACT concerning courts.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


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



    (705 ILCS 405/5-615)


    Sec. 5-615. Continuance under supervision. 

    (1) The court may enter an order of continuance under 
supervision for an
offense other than first degree murder, a 
Class X felony or a forcible felony:
        (a) upon an admission or stipulation by the appropriate 
    respondent or minor
respondent of the facts supporting the

    petition and before the court makes a finding of 
    delinquency proceeding to adjudication, or after hearing 
    the evidence
at the trial, and (b) in the absence of 
    objection made in open court by the
minor, his or her 
    parent, guardian, or legal custodian, the minor's attorney 
    or
the
State's Attorney; or .

        (b) upon a  finding of delinquency and after considering 
    the circumstances of the offense and the history, 
    character, and condition of the minor, if the court is of 
    the opinion that:
            (i) the minor is not likely to commit further 
        crimes;
            (ii) the minor and the public would be best served 
        if the minor were not to receive a criminal record; and
            (iii) in the best interests of justice an order of 
        continuance under supervision is more appropriate than 
        a sentence otherwise permitted under this Act. 
    (2) (Blank). If the minor, his or her parent, guardian, or 
legal custodian, the
minor's
attorney or State's Attorney 
objects in open court to any continuance and
insists upon 
proceeding to findings and adjudication, the court shall so

proceed.

    (3) Nothing in this Section limits the power of the court 
to order a
continuance of the hearing for the production of 
additional evidence or for any
other proper reason.

    (4) When a hearing where a minor is alleged to be a 
delinquent is
continued
pursuant to this Section, the period of 
continuance under supervision may not
exceed 24 months.  The 
court may terminate a continuance under supervision at
any time 
if warranted by the conduct of the minor and the ends of 
justice or vacate the finding of delinquency or both.

    (5) When a hearing where a minor is alleged to be 
delinquent is continued
pursuant to this Section, the court 
may, as conditions of the continuance under
supervision, 
require the minor to do any of the following:


        (a) not violate any criminal statute of any 
    jurisdiction;


        (b) make a report to and appear in person before any 
    person or agency as
directed by the court;


        (c) work or pursue a course of study or vocational 
    training;


        (d) undergo medical or psychotherapeutic treatment 
    rendered by a therapist
licensed under the provisions of 
    the Medical Practice Act of 1987,  the
Clinical Psychologist 
    Licensing Act, or the Clinical Social Work and Social
Work 
    Practice Act, or an entity licensed by the Department of 
    Human Services as
a successor to the Department of 
    Alcoholism and Substance Abuse, for the
provision of drug 
    addiction and alcoholism treatment;


        (e) attend or reside in a facility established for the 
    instruction or
residence of persons on probation;


        (f) support his or her dependents, if any;


        (g) pay costs;


        (h) refrain from possessing a firearm or other 
    dangerous weapon, or an
automobile;


        (i) permit the probation officer to visit him or her at 
    his or her home or
elsewhere;


        (j) reside with his or her parents or in a foster home;


        (k) attend school;


        (k-5) with the consent of the superintendent
of the

    facility, attend an educational program at a facility other 
    than the school
in which the
offense was committed if he
or 
    she committed a crime of violence as
defined in
Section 2 
    of the Crime Victims Compensation Act in a school, on the

    real
property
comprising a school, or within 1,000 feet of 
    the real property comprising a
school;


        (l) attend a non-residential program for youth;


        (m) contribute to his or her own support at home or in 
    a foster home;


        (n) perform some reasonable public or community 
    service;


        (o) make restitution to the victim, in the same manner 
    and under the same
conditions as provided in subsection (4) 
    of Section 5-710, except that the
"sentencing hearing" 
    referred
to in that Section shall be the adjudicatory 
    hearing for purposes of this
Section;


        (p) comply with curfew requirements as designated by 
    the court;


        (q) refrain from entering into a designated geographic 
    area except upon
terms as the court finds appropriate.  The 
    terms may include consideration of
the purpose of the 
    entry, the time of day, other persons accompanying the

    minor, and advance approval by a probation officer;


        (r) refrain from having any contact, directly or 
    indirectly, with certain
specified persons or particular 
    types of persons, including but not limited to
members of 
    street gangs and drug users or dealers;


        (r-5) undergo a medical or other procedure to have a 
    tattoo symbolizing
allegiance to a street gang removed from 
    his or her body;


        (s) refrain from having in his or her body the presence 
    of any illicit
drug
prohibited by the Cannabis Control Act, 
    the Illinois Controlled Substances
Act, or the 
    Methamphetamine Control and Community Protection Act, 
    unless prescribed by a physician, and submit samples of his 
    or her blood
or urine or both for tests to determine the 
    presence of any illicit drug;  or


        (t) comply with any other conditions as may be ordered 
    by the court.

    (6) A minor whose case is continued under supervision under 
subsection (5)
shall be given a certificate setting forth the 
conditions imposed by the court.
Those conditions may be 
reduced, enlarged, or modified by the court on motion
of the 
probation officer or on its own motion, or that of the State's 
Attorney,
or, at the request of the minor after notice and 
hearing.

    (7) If a petition is filed charging a violation of a 
condition of the
continuance under supervision, the court shall 
conduct a hearing.  If the court
finds that a condition of 
supervision has not been fulfilled, the court may
proceed to 
findings, and adjudication, and disposition or adjudication 
and disposition.  The filing of a petition
for violation of a 
condition of the continuance under supervision shall toll
the 
period of continuance under supervision until the final 
determination of
the charge, and the term of the continuance 
under supervision shall not run
until the hearing and 
disposition of the petition for violation;  provided
where the 
petition alleges conduct that does not constitute a criminal 
offense,
the hearing must be held within 30 days of the filing 
of the petition unless a
delay shall continue the tolling of 
the period of continuance under supervision
for the period of

the delay.

    (8) When a hearing in which a minor is alleged to be a 
delinquent for
reasons that include a violation of Section 
21-1.3 of the Criminal Code of 1961 or the Criminal Code of 
2012
is continued under this Section, the court shall, as a 
condition of the
continuance under supervision, require the 
minor to perform community service
for not less than 30 and not 
more than 120 hours, if community service is
available in the 
jurisdiction.  The community service shall include, but need
not 
be limited to, the cleanup and repair of the damage that was 
caused by the
alleged violation or similar damage to property 
located in the municipality or
county in which the alleged 
violation occurred.  The condition may be in
addition to any 
other condition.

    (8.5) When a hearing in which a minor is alleged to be a 
delinquent for
reasons
that include a violation of Section 3.02 
or Section 3.03 of the Humane Care for
Animals Act or paragraph 
(d) of subsection (1)
of Section
21-1 of the Criminal Code of 
1961 or paragraph (4) of subsection (a) of Section 21-1 or the 
Criminal Code of 2012 is continued under this Section, the 
court
shall, as a
condition of the continuance under 
supervision, require the minor to undergo
medical or

psychiatric treatment rendered by a psychiatrist or 
psychological treatment
rendered by a
clinical psychologist. 
The condition may be in addition to any other
condition.

    (9) When a hearing in which a minor is alleged to be a 
delinquent is
continued under this Section, the court, before 
continuing the case, shall make
a finding whether the offense 
alleged to have been committed either:  (i) was
related to or in 
furtherance of the activities of an organized gang or was

motivated by the minor's membership in or allegiance to an 
organized gang, or
(ii) is a violation of paragraph (13) of 
subsection (a) of Section 12-2 or paragraph (2) of subsection 
(c) of Section 12-2 of the
Criminal Code of 1961 or the 
Criminal Code of 2012,  a violation of any Section of Article 24 
of the
Criminal Code of 1961 or the Criminal Code of 2012, or a 
violation of any statute that involved the unlawful
use of a 
firearm.  If the court determines the question in the 
affirmative the
court shall, as a condition of the continuance 
under supervision and as part of
or in addition to any other 
condition of the supervision,
require the minor to perform 
community service for not less than 30 hours,
provided that 
community service is available in the
jurisdiction and is 
funded and approved by the county board of the county where
the 
offense was committed.  The community service shall include, but 
need not
be limited to, the cleanup and repair of any damage 
caused by an alleged
violation of Section 21-1.3 of the 
Criminal Code of 1961 or the Criminal Code of 2012 and similar 
damage to
property located in the municipality or county in 
which the alleged violation
occurred.  When possible and 
reasonable, the community service shall be
performed in the 
minor's neighborhood.  For the purposes of this Section,

"organized gang" has the meaning ascribed to it in Section 10 
of the Illinois
Streetgang Terrorism Omnibus Prevention Act.

    (10) The court shall impose upon a minor placed on 
supervision, as a
condition of the supervision, a fee of $50 
for each month of supervision
ordered by the court, unless 
after determining the inability of the minor
placed on 
supervision to pay the fee, the court assesses a lesser amount.  
The
court may not impose the fee on a minor who is made a ward 
of the State under
this Act while the minor is in placement.  
The fee shall be imposed only upon a
minor who is actively 
supervised by the probation and court services
department.  A 
court may order the parent, guardian, or legal custodian of the

minor to pay some or all of the fee on the minor's behalf.

    (11) If a minor is placed on supervision for a violation of

subsection (a-7) of Section 1 of the Prevention of Tobacco Use 
by Minors Act, the
court may, in its discretion, and upon

recommendation by the State's Attorney, order that minor and 
his or her parents
or legal
guardian to attend a smoker's 
education or youth diversion program as defined
in that Act if 
that
program is available in the jurisdiction where the 
offender resides.
Attendance at a smoker's education or youth 
diversion program
shall be time-credited against any community 
service time imposed for any
first violation of subsection 
(a-7) of Section 1 of that Act.  In addition to any
other

penalty
that the court may impose for a violation of subsection 
(a-7) of Section 1 of
that Act, the
court, upon request by the 
State's Attorney, may in its discretion
require
the offender to 
remit a fee for his or her attendance at a smoker's
education 
or
youth diversion program.

    For purposes of this Section, "smoker's education program" 
or "youth
diversion program" includes, but is not limited to, a 
seminar designed to
educate a person on the physical and 
psychological effects of smoking tobacco
products and the 
health consequences of smoking tobacco products that can be

conducted with a locality's youth diversion program.

    In addition to any other penalty that the court may impose 
under this
subsection
(11):

        (a) If a minor violates subsection (a-7) of Section 1 
    of the Prevention of
Tobacco Use by Minors Act, the court 
    may
impose a sentence of 15 hours of
community service or a 
    fine of $25 for a first violation.

        (b) A second violation by a minor of subsection (a-7) 
    of Section 1 of that Act
that occurs
within 12 months after 
    the first violation is punishable by a fine of $50 and
25

    hours of community service.

        (c) A third or subsequent violation by a minor of 
    subsection (a-7) of Section
1 of that Act
that
occurs 
    within 12 months after the first violation is punishable by 
    a $100
fine
and 30 hours of community service.

        (d) Any second or subsequent violation not within the 
    12-month time period
after the first violation is 
    punishable as provided for a first violation.

(Source: P.A. 96-179, eff. 8-10-09; 96-1414, eff. 1-1-11; 
97-1150, eff. 1-25-13.)




Effective Date:  1/1/2014