Bill Text: IL HB1468 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Children and Family Services Act. Provides that the Illinois Juvenile Justice Commission shall study and make recommendations to the General Assembly regarding the availability of youth services to reduce the use of detention and prevent deeper criminal involvement. Amends the Juvenile Court Act of 1987. Provides that a provision providing a minor 10 years of age or older arrested under the Act where there is probable cause to believe that the minor is a delinquent minor and that: (i) secure custody is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another; (ii) the minor is likely to flee the jurisdiction of the court; or (iii) the minor was taken into custody under a warrant, may be kept or detained in an authorized detention facility and that a minor under 13 years of age shall not be admitted, kept, or detained in a detention facility unless a local youth service provider has been contacted and has not been able to accept the minor for services shall be inoperative on and after July 1, 2019. Provides that on and after July 1, 2019, any minor 13 years of age or older arrested under this Act where there is probable cause to believe that the minor is a delinquent minor and that: (i) secure custody is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another; (ii) the minor is likely to flee the jurisdiction of the court; or (iii) the minor was taken into custody under a warrant, may be kept or detained in an authorized detention facility. Makes conforming changes.

Spectrum: Strong Partisan Bill (Democrat 15-1)

Status: (Introduced) 2019-05-31 - Rule 19(a) / Re-referred to Rules Committee [HB1468 Detail]

Download: Illinois-2019-HB1468-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB1468

Introduced , by Rep. Robyn Gabel

SYNOPSIS AS INTRODUCED:
20 ILCS 505/17a-9 from Ch. 23, par. 5017a-9
705 ILCS 405/5-410
705 ILCS 405/5-710
705 ILCS 405/5-720

Amends the Children and Family Services Act. Provides that the Illinois Juvenile Justice Commission shall study and make recommendations to the General Assembly regarding the availability of youth services to reduce the use of detention and prevent deeper criminal involvement. Amends the Juvenile Court Act of 1987. Provides that a provision providing a minor 10 years of age or older arrested under the Act where there is probable cause to believe that the minor is a delinquent minor and that: (i) secure custody is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another; (ii) the minor is likely to flee the jurisdiction of the court; or (iii) the minor was taken into custody under a warrant, may be kept or detained in an authorized detention facility and that a minor under 13 years of age shall not be admitted, kept, or detained in a detention facility unless a local youth service provider has been contacted and has not been able to accept the minor for services shall be inoperative on and after July 1, 2019. Provides that on and after July 1, 2019, any minor 13 years of age or older arrested under this Act where there is probable cause to believe that the minor is a delinquent minor and that: (i) secure custody is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another; (ii) the minor is likely to flee the jurisdiction of the court; or (iii) the minor was taken into custody under a warrant, may be kept or detained in an authorized detention facility. Makes conforming changes.
LRB101 02963 SLF 47971 b

A BILL FOR

HB1468LRB101 02963 SLF 47971 b
1 AN ACT concerning courts.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Children and Family Services Act is amended
5by changing Section 17a-9 as follows:
6 (20 ILCS 505/17a-9) (from Ch. 23, par. 5017a-9)
7 Sec. 17a-9. Illinois Juvenile Justice Commission.
8 (a) There is hereby created the Illinois Juvenile Justice
9Commission which shall consist of 25 persons appointed by the
10Governor. The Chairperson of the Commission shall be appointed
11by the Governor. Of the initial appointees, 8 shall serve a
12one-year term, 8 shall serve a two-year term and 9 shall serve
13a three-year term. Thereafter, each successor shall serve a
14three-year term. Vacancies shall be filled in the same manner
15as original appointments. Once appointed, members shall serve
16until their successors are appointed and qualified. Members
17shall serve without compensation, except they shall be
18reimbursed for their actual expenses in the performance of
19their duties. The Commission shall carry out the rights, powers
20and duties established in subparagraph (3) of paragraph (a) of
21Section 223 of the Federal "Juvenile Justice and Delinquency
22Prevention Act of 1974", as now or hereafter amended. The
23Commission shall determine the priorities for expenditure of

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1funds made available to the State by the Federal Government
2pursuant to that Act. The Commission shall have the following
3powers and duties:
4 (1) Development, review and final approval of the
5 State's juvenile justice plan for funds under the Federal
6 "Juvenile Justice and Delinquency Prevention Act of 1974";
7 (2) Review and approve or disapprove juvenile justice
8 and delinquency prevention grant applications to the
9 Department for federal funds under that Act;
10 (3) Annual submission of recommendations to the
11 Governor and the General Assembly concerning matters
12 relative to its function;
13 (4) Responsibility for the review of funds allocated to
14 Illinois under the "Juvenile Justice and Delinquency
15 Prevention Act of 1974" to ensure compliance with all
16 relevant federal laws and regulations;
17 (5) Function as the advisory committee for the State
18 Youth and Community Services Program as authorized under
19 Section 17 of this Act, and in that capacity be authorized
20 and empowered to assist and advise the Secretary of Human
21 Services on matters related to juvenile justice and
22 delinquency prevention programs and services; and
23 (5.5) Study and make recommendations to the General
24 Assembly regarding the availability of youth services to
25 reduce the use of detention and prevent deeper criminal
26 involvement; and

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1 (6) Study the impact of, develop timelines, and propose
2 a funding structure to accommodate the expansion of the
3 jurisdiction of the Illinois Juvenile Court to include
4 youth age 17 under the jurisdiction of the Juvenile Court
5 Act of 1987. The Commission shall submit a report by
6 December 31, 2011 to the General Assembly with
7 recommendations on extending juvenile court jurisdiction
8 to youth age 17 charged with felony offenses.
9 (b) On the effective date of this amendatory Act of the
1096th General Assembly, the Illinois Juvenile Jurisdiction Task
11Force created by Public Act 95-1031 is abolished and its duties
12are transferred to the Illinois Juvenile Justice Commission as
13provided in paragraph (6) of subsection (a) of this Section.
14(Source: P.A. 96-1199, eff. 1-1-11.)
15 Section 10. The Juvenile Court Act of 1987 is amended by
16changing Sections 5-410, 5-710, and 5-720 as follows:
17 (705 ILCS 405/5-410)
18 Sec. 5-410. Non-secure custody or detention.
19 (1) Placement of a minor away from his or her home must be
20the last resort and be the least restrictive alternative
21available. Any minor arrested or taken into custody pursuant to
22this Act who requires care away from his or her home but who
23does not require physical restriction shall be given temporary
24care in a foster family home or other shelter facility

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1designated by the court.
2 (2) (a) Prior to July 1, 2019, any Any minor 10 years of
3age or older arrested pursuant to this Act where there is
4probable cause to believe that the minor is a delinquent minor
5and that (i) secure secured custody is a matter of immediate
6and urgent necessity for the protection of the minor or of the
7person or property of another, (ii) the minor is likely to flee
8the jurisdiction of the court, or (iii) the minor was taken
9into custody under a warrant, may be kept or detained in an
10authorized detention facility. Prior to July 1, 2019, a A minor
11under 13 years of age shall not be admitted, kept, or detained
12in a detention facility unless a local youth service provider,
13including a provider through the Comprehensive Community Based
14Youth Services network, has been contacted and has not been
15able to accept the minor for services. No minor under 12 years
16of age shall be detained in a county jail or a municipal lockup
17for more than 6 hours. The provisions of paragraph (a) of this
18subsection (2), other than this sentence, are inoperative on
19and after July 1, 2019.
20 (a-5) For a minor arrested or taken into custody for
21vehicular hijacking or aggravated vehicular hijacking, a
22previous finding of delinquency for vehicular hijacking or
23aggravated vehicular hijacking shall be given greater weight in
24determining whether secured custody of a minor is a matter of
25immediate and urgent necessity for the protection of the minor
26or of the person or property of another.

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1 (a-10) On and after July 1, 2019, any minor 13 years of age
2or older arrested under this Act when there is probable cause
3to believe that the minor is a delinquent minor and that: (i)
4secure custody is a matter of immediate and urgent necessity
5for the protection of the minor or of the person or property of
6another; (ii) the minor is likely to flee the jurisdiction of
7the court; or (iii) the minor was taken into custody under a
8warrant, may be kept or detained in an authorized detention
9facility.
10 (b) The written authorization of the probation officer or
11detention officer (or other public officer designated by the
12court in a county having 3,000,000 or more inhabitants)
13constitutes authority for the superintendent of any juvenile
14detention home to detain and keep a minor for up to 40 hours,
15excluding Saturdays, Sundays, and court-designated holidays.
16These records shall be available to the same persons and
17pursuant to the same conditions as are law enforcement records
18as provided in Section 5-905.
19 It is the goal of this Act to ensure that detention is the
20last resort and for as short of a time as possible. Studies
21reveal that detention can be traumatic, especially for young
22children, and can lead to deeper criminal involvement.
23 (b-4) The consultation required by paragraph subsection
24(b-5) shall not be applicable if the probation officer or
25detention officer (or other public officer designated by the
26court in a county having 3,000,000 or more inhabitants)

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1utilizes a scorable detention screening instrument, which has
2been developed with input by the State's Attorney, to determine
3whether a minor should be detained, however, paragraph
4subsection (b-5) shall still be applicable where no such
5screening instrument is used or where the probation officer,
6detention officer (or other public officer designated by the
7court in a county having 3,000,000 or more inhabitants)
8deviates from the screening instrument.
9 (b-5) Subject to the provisions of paragraph subsection
10(b-4), if a probation officer or detention officer (or other
11public officer designated by the court in a county having
123,000,000 or more inhabitants) does not intend to detain a
13minor for an offense which constitutes one of the following
14offenses he or she shall consult with the State's Attorney's
15Office prior to the release of the minor: first degree murder,
16second degree murder, involuntary manslaughter, criminal
17sexual assault, aggravated criminal sexual assault, aggravated
18battery with a firearm as described in Section 12-4.2 or
19subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section
2012-3.05, aggravated or heinous battery involving permanent
21disability or disfigurement or great bodily harm, robbery,
22aggravated robbery, armed robbery, vehicular hijacking,
23aggravated vehicular hijacking, vehicular invasion, arson,
24aggravated arson, kidnapping, aggravated kidnapping, home
25invasion, burglary, or residential burglary.
26 (c) Except as otherwise provided in paragraph (a), (d), or

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1(e), no minor shall be detained in a county jail or municipal
2lockup for more than 12 hours, unless the offense is a crime of
3violence in which case the minor may be detained up to 24
4hours. For the purpose of this paragraph, "crime of violence"
5has the meaning ascribed to it in Section 1-10 of the
6Alcoholism and Other Drug Abuse and Dependency Act.
7 (i) The period of detention is deemed to have begun
8 once the minor has been placed in a locked room or cell or
9 handcuffed to a stationary object in a building housing a
10 county jail or municipal lockup. Time spent transporting a
11 minor is not considered to be time in detention or secure
12 custody.
13 (ii) Any minor so confined shall be under periodic
14 supervision and shall not be permitted to come into or
15 remain in contact with adults in custody in the building.
16 (iii) Upon placement in secure custody in a jail or
17 lockup, the minor shall be informed of the purpose of the
18 detention, the time it is expected to last and the fact
19 that it cannot exceed the time specified under this Act.
20 (iv) A log shall be kept which shows the offense which
21 is the basis for the detention, the reasons and
22 circumstances for the decision to detain, and the length of
23 time the minor was in detention.
24 (v) Violation of the time limit on detention in a
25 county jail or municipal lockup shall not, in and of
26 itself, render inadmissible evidence obtained as a result

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1 of the violation of this time limit. Minors under 18 years
2 of age shall be kept separate from confined adults and may
3 not at any time be kept in the same cell, room, or yard
4 with adults confined pursuant to criminal law. Persons 18
5 years of age and older who have a petition of delinquency
6 filed against them may be confined in an adult detention
7 facility. In making a determination whether to confine a
8 person 18 years of age or older who has a petition of
9 delinquency filed against the person, these factors, among
10 other matters, shall be considered:
11 (A) the The age of the person;
12 (B) any Any previous delinquent or criminal
13 history of the person;
14 (C) any Any previous abuse or neglect history of
15 the person; and
16 (D) any Any mental health or educational history of
17 the person, or both.
18 (d) (i) If prior to July 1, 2019 a minor 12 years of age or
19older or on and after July 1, 2019 a minor 13 years of age or
20older is confined in a county jail in a county with a
21population below 3,000,000 inhabitants, then the minor's
22confinement shall be implemented in such a manner that there
23will be no contact by sight, sound, or otherwise between the
24minor and adult prisoners. The minor Minors 12 years of age or
25older must be kept separate from confined adults and may not at
26any time be kept in the same cell, room, or yard with confined

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1adults. This paragraph (d)(i) shall only apply to confinement
2pending an adjudicatory hearing and shall not exceed 40 hours,
3excluding Saturdays, Sundays, and court-designated court
4designated holidays. To accept or hold minors during this time
5period, county jails shall comply with all monitoring standards
6adopted by the Department of Corrections and training standards
7approved by the Illinois Law Enforcement Training Standards
8Board.
9 (ii) To accept or hold minors, 12 years of age or older,
10after the time period prescribed in paragraph (d)(i) of this
11subsection (2) of this Section but not exceeding 7 days
12including Saturdays, Sundays, and holidays pending an
13adjudicatory hearing, county jails shall comply with all
14temporary detention standards adopted by the Department of
15Corrections and training standards approved by the Illinois Law
16Enforcement Training Standards Board.
17 (iii) To accept or hold minors 12 years of age or older,
18after the time period prescribed in paragraphs (d)(i) and
19(d)(ii) of this subsection (2) of this Section, county jails
20shall comply with all county juvenile detention standards
21adopted by the Department of Juvenile Justice.
22 (e) When a minor who is at least 15 years of age is
23prosecuted under the criminal laws of this State, the court may
24enter an order directing that the juvenile be confined in the
25county jail. However, any juvenile confined in the county jail
26under this provision shall be separated from adults who are

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1confined in the county jail in such a manner that there will be
2no contact by sight, sound or otherwise between the juvenile
3and adult prisoners.
4 (f) For purposes of appearing in a physical lineup, the
5minor may be taken to a county jail or municipal lockup under
6the direct and constant supervision of a juvenile police
7officer. During such time as is necessary to conduct a lineup,
8and while supervised by a juvenile police officer, the sight
9and sound separation provisions shall not apply.
10 (g) For purposes of processing a minor, the minor may be
11taken to a county jail County Jail or municipal lockup under
12the direct and constant supervision of a law enforcement
13officer or correctional officer. During such time as is
14necessary to process the minor, and while supervised by a law
15enforcement officer or correctional officer, the sight and
16sound separation provisions shall not apply.
17 (3) If the probation officer or State's Attorney (or such
18other public officer designated by the court in a county having
193,000,000 or more inhabitants) determines that the minor may be
20a delinquent minor as described in subsection (3) of Section
215-105, and should be retained in custody but does not require
22physical restriction, the minor may be placed in non-secure
23custody for up to 40 hours pending a detention hearing.
24 (4) Any minor taken into temporary custody, not requiring
25secure detention, may, however, be detained in the home of his
26or her parent or guardian subject to such conditions as the

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1court may impose.
2 (5) The changes made to this Section by Public Act 98-61
3apply to a minor who has been arrested or taken into custody on
4or after January 1, 2014 (the effective date of Public Act
598-61).
6(Source: P.A. 99-254, eff. 1-1-16; 100-745, eff. 8-10-18;
7revised 10-3-18.)
8 (705 ILCS 405/5-710)
9 (Text of Section before amendment by P.A. 100-759)
10 Sec. 5-710. Kinds of sentencing orders.
11 (1) The following kinds of sentencing orders may be made in
12respect of wards of the court:
13 (a) Except as provided in Sections 5-805, 5-810, and
14 5-815, a minor who is found guilty under Section 5-620 may
15 be:
16 (i) put on probation or conditional discharge and
17 released to his or her parents, guardian or legal
18 custodian, provided, however, that any such minor who
19 is not committed to the Department of Juvenile Justice
20 under this subsection and who is found to be a
21 delinquent for an offense which is first degree murder,
22 a Class X felony, or a forcible felony shall be placed
23 on probation;
24 (ii) placed in accordance with Section 5-740, with
25 or without also being put on probation or conditional

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1 discharge;
2 (iii) required to undergo a substance abuse
3 assessment conducted by a licensed provider and
4 participate in the indicated clinical level of care;
5 (iv) on and after the effective date of this
6 amendatory Act of the 98th General Assembly and before
7 January 1, 2017, placed in the guardianship of the
8 Department of Children and Family Services, but only if
9 the delinquent minor is under 16 years of age or,
10 pursuant to Article II of this Act, a minor for whom an
11 independent basis of abuse, neglect, or dependency
12 exists. On and after January 1, 2017, placed in the
13 guardianship of the Department of Children and Family
14 Services, but only if the delinquent minor is under 15
15 years of age or, pursuant to Article II of this Act, a
16 minor for whom an independent basis of abuse, neglect,
17 or dependency exists. An independent basis exists when
18 the allegations or adjudication of abuse, neglect, or
19 dependency do not arise from the same facts, incident,
20 or circumstances which give rise to a charge or
21 adjudication of delinquency;
22 (v) placed in detention for a period not to exceed
23 30 days, either as the exclusive order of disposition
24 or, where appropriate, in conjunction with any other
25 order of disposition issued under this paragraph,
26 provided that any such detention shall be in a juvenile

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1 detention home and the minor so detained shall be 10
2 years of age or older. However, the 30-day limitation
3 may be extended by further order of the court for a
4 minor under age 15 committed to the Department of
5 Children and Family Services if the court finds that
6 the minor is a danger to himself or others. The minor
7 shall be given credit on the sentencing order of
8 detention for time spent in detention under Sections
9 5-501, 5-601, 5-710, or 5-720 of this Article as a
10 result of the offense for which the sentencing order
11 was imposed. The court may grant credit on a sentencing
12 order of detention entered under a violation of
13 probation or violation of conditional discharge under
14 Section 5-720 of this Article for time spent in
15 detention before the filing of the petition alleging
16 the violation. A minor shall not be deprived of credit
17 for time spent in detention before the filing of a
18 violation of probation or conditional discharge
19 alleging the same or related act or acts. The
20 limitation that the minor shall only be placed in a
21 juvenile detention home does not apply as follows:
22 Persons 18 years of age and older who have a
23 petition of delinquency filed against them may be
24 confined in an adult detention facility. In making a
25 determination whether to confine a person 18 years of
26 age or older who has a petition of delinquency filed

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1 against the person, these factors, among other
2 matters, shall be considered:
3 (A) the age of the person;
4 (B) any previous delinquent or criminal
5 history of the person;
6 (C) any previous abuse or neglect history of
7 the person;
8 (D) any mental health history of the person;
9 and
10 (E) any educational history of the person;
11 (vi) ordered partially or completely emancipated
12 in accordance with the provisions of the Emancipation
13 of Minors Act;
14 (vii) subject to having his or her driver's license
15 or driving privileges suspended for such time as
16 determined by the court but only until he or she
17 attains 18 years of age;
18 (viii) put on probation or conditional discharge
19 and placed in detention under Section 3-6039 of the
20 Counties Code for a period not to exceed the period of
21 incarceration permitted by law for adults found guilty
22 of the same offense or offenses for which the minor was
23 adjudicated delinquent, and in any event no longer than
24 upon attainment of age 21; this subdivision (viii)
25 notwithstanding any contrary provision of the law;
26 (ix) ordered to undergo a medical or other

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1 procedure to have a tattoo symbolizing allegiance to a
2 street gang removed from his or her body; or
3 (x) placed in electronic monitoring or home
4 detention under Part 7A of this Article.
5 (b) A minor found to be guilty may be committed to the
6 Department of Juvenile Justice under Section 5-750 if the
7 minor is at least 13 years and under 20 years of age,
8 provided that the commitment to the Department of Juvenile
9 Justice shall be made only if the minor was found guilty of
10 a felony offense or first degree murder. The court shall
11 include in the sentencing order any pre-custody credits the
12 minor is entitled to under Section 5-4.5-100 of the Unified
13 Code of Corrections. The time during which a minor is in
14 custody before being released upon the request of a parent,
15 guardian or legal custodian shall also be considered as
16 time spent in custody.
17 (c) When a minor is found to be guilty for an offense
18 which is a violation of the Illinois Controlled Substances
19 Act, the Cannabis Control Act, or the Methamphetamine
20 Control and Community Protection Act and made a ward of the
21 court, the court may enter a disposition order requiring
22 the minor to undergo assessment, counseling or treatment in
23 a substance abuse program approved by the Department of
24 Human Services.
25 (2) Any sentencing order other than commitment to the
26Department of Juvenile Justice may provide for protective

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1supervision under Section 5-725 and may include an order of
2protection under Section 5-730.
3 (3) Unless the sentencing order expressly so provides, it
4does not operate to close proceedings on the pending petition,
5but is subject to modification until final closing and
6discharge of the proceedings under Section 5-750.
7 (4) In addition to any other sentence, the court may order
8any minor found to be delinquent to make restitution, in
9monetary or non-monetary form, under the terms and conditions
10of Section 5-5-6 of the Unified Code of Corrections, except
11that the "presentencing hearing" referred to in that Section
12shall be the sentencing hearing for purposes of this Section.
13The parent, guardian or legal custodian of the minor may be
14ordered by the court to pay some or all of the restitution on
15the minor's behalf, pursuant to the Parental Responsibility
16Law. The State's Attorney is authorized to act on behalf of any
17victim in seeking restitution in proceedings under this
18Section, up to the maximum amount allowed in Section 5 of the
19Parental Responsibility Law.
20 (5) Any sentencing order where the minor is committed or
21placed in accordance with Section 5-740 shall provide for the
22parents or guardian of the estate of the minor to pay to the
23legal custodian or guardian of the person of the minor such
24sums as are determined by the custodian or guardian of the
25person of the minor as necessary for the minor's needs. The
26payments may not exceed the maximum amounts provided for by

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1Section 9.1 of the Children and Family Services Act.
2 (6) Whenever the sentencing order requires the minor to
3attend school or participate in a program of training, the
4truant officer or designated school official shall regularly
5report to the court if the minor is a chronic or habitual
6truant under Section 26-2a of the School Code. Notwithstanding
7any other provision of this Act, in instances in which
8educational services are to be provided to a minor in a
9residential facility where the minor has been placed by the
10court, costs incurred in the provision of those educational
11services must be allocated based on the requirements of the
12School Code.
13 (7) In no event shall a guilty minor be committed to the
14Department of Juvenile Justice for a period of time in excess
15of that period for which an adult could be committed for the
16same act. The court shall include in the sentencing order a
17limitation on the period of confinement not to exceed the
18maximum period of imprisonment the court could impose under
19Article V of the Unified Code of Corrections.
20 (7.5) In no event shall a guilty minor be committed to the
21Department of Juvenile Justice or placed in detention when the
22act for which the minor was adjudicated delinquent would not be
23illegal if committed by an adult.
24 (7.6) In no event shall a guilty minor be committed to the
25Department of Juvenile Justice for an offense which is a Class
264 felony under Section 19-4 (criminal trespass to a residence),

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121-1 (criminal damage to property), 21-1.01 (criminal damage to
2government supported property), 21-1.3 (criminal defacement of
3property), 26-1 (disorderly conduct), or 31-4 (obstructing
4justice) of the Criminal Code of 2012.
5 (7.75) In no event shall a guilty minor be committed to the
6Department of Juvenile Justice for an offense that is a Class 3
7or Class 4 felony violation of the Illinois Controlled
8Substances Act unless the commitment occurs upon a third or
9subsequent judicial finding of a violation of probation for
10substantial noncompliance with court-ordered treatment or
11programming.
12 (8) A minor found to be guilty for reasons that include a
13violation of Section 21-1.3 of the Criminal Code of 1961 or the
14Criminal Code of 2012 shall be ordered to perform community
15service for not less than 30 and not more than 120 hours, if
16community service is available in the jurisdiction. The
17community service shall include, but need not be limited to,
18the cleanup and repair of the damage that was caused by the
19violation or similar damage to property located in the
20municipality or county in which the violation occurred. The
21order may be in addition to any other order authorized by this
22Section.
23 (8.5) A minor found to be guilty for reasons that include a
24violation of Section 3.02 or Section 3.03 of the Humane Care
25for Animals Act or paragraph (d) of subsection (1) of Section
2621-1 of the Criminal Code of 1961 or paragraph (4) of

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1subsection (a) of Section 21-1 of the Criminal Code of 2012
2shall be ordered to undergo medical or psychiatric treatment
3rendered by a psychiatrist or psychological treatment rendered
4by a clinical psychologist. The order may be in addition to any
5other order authorized by this Section.
6 (9) In addition to any other sentencing order, the court
7shall order any minor found to be guilty for an act which would
8constitute, predatory criminal sexual assault of a child,
9aggravated criminal sexual assault, criminal sexual assault,
10aggravated criminal sexual abuse, or criminal sexual abuse if
11committed by an adult to undergo medical testing to determine
12whether the defendant has any sexually transmissible disease
13including a test for infection with human immunodeficiency
14virus (HIV) or any other identified causative agency of
15acquired immunodeficiency syndrome (AIDS). Any medical test
16shall be performed only by appropriately licensed medical
17practitioners and may include an analysis of any bodily fluids
18as well as an examination of the minor's person. Except as
19otherwise provided by law, the results of the test shall be
20kept strictly confidential by all medical personnel involved in
21the testing and must be personally delivered in a sealed
22envelope to the judge of the court in which the sentencing
23order was entered for the judge's inspection in camera. Acting
24in accordance with the best interests of the victim and the
25public, the judge shall have the discretion to determine to
26whom the results of the testing may be revealed. The court

HB1468- 20 -LRB101 02963 SLF 47971 b
1shall notify the minor of the results of the test for infection
2with the human immunodeficiency virus (HIV). The court shall
3also notify the victim if requested by the victim, and if the
4victim is under the age of 15 and if requested by the victim's
5parents or legal guardian, the court shall notify the victim's
6parents or the legal guardian, of the results of the test for
7infection with the human immunodeficiency virus (HIV). The
8court shall provide information on the availability of HIV
9testing and counseling at the Department of Public Health
10facilities to all parties to whom the results of the testing
11are revealed. The court shall order that the cost of any test
12shall be paid by the county and may be taxed as costs against
13the minor.
14 (10) When a court finds a minor to be guilty the court
15shall, before entering a sentencing order under this Section,
16make a finding whether the offense committed either: (a) was
17related to or in furtherance of the criminal activities of an
18organized gang or was motivated by the minor's membership in or
19allegiance to an organized gang, or (b) involved a violation of
20subsection (a) of Section 12-7.1 of the Criminal Code of 1961
21or the Criminal Code of 2012, a violation of any Section of
22Article 24 of the Criminal Code of 1961 or the Criminal Code of
232012, or a violation of any statute that involved the wrongful
24use of a firearm. If the court determines the question in the
25affirmative, and the court does not commit the minor to the
26Department of Juvenile Justice, the court shall order the minor

HB1468- 21 -LRB101 02963 SLF 47971 b
1to perform community service for not less than 30 hours nor
2more than 120 hours, provided that community service is
3available in the jurisdiction and is funded and approved by the
4county board of the county where the offense was committed. The
5community service shall include, but need not be limited to,
6the cleanup and repair of any damage caused by a violation of
7Section 21-1.3 of the Criminal Code of 1961 or the Criminal
8Code of 2012 and similar damage to property located in the
9municipality or county in which the violation occurred. When
10possible and reasonable, the community service shall be
11performed in the minor's neighborhood. This order shall be in
12addition to any other order authorized by this Section except
13for an order to place the minor in the custody of the
14Department of Juvenile Justice. For the purposes of this
15Section, "organized gang" has the meaning ascribed to it in
16Section 10 of the Illinois Streetgang Terrorism Omnibus
17Prevention Act.
18 (11) If the court determines that the offense was committed
19in furtherance of the criminal activities of an organized gang,
20as provided in subsection (10), and that the offense involved
21the operation or use of a motor vehicle or the use of a
22driver's license or permit, the court shall notify the
23Secretary of State of that determination and of the period for
24which the minor shall be denied driving privileges. If, at the
25time of the determination, the minor does not hold a driver's
26license or permit, the court shall provide that the minor shall

HB1468- 22 -LRB101 02963 SLF 47971 b
1not be issued a driver's license or permit until his or her
218th birthday. If the minor holds a driver's license or permit
3at the time of the determination, the court shall provide that
4the minor's driver's license or permit shall be revoked until
5his or her 21st birthday, or until a later date or occurrence
6determined by the court. If the minor holds a driver's license
7at the time of the determination, the court may direct the
8Secretary of State to issue the minor a judicial driving
9permit, also known as a JDP. The JDP shall be subject to the
10same terms as a JDP issued under Section 6-206.1 of the
11Illinois Vehicle Code, except that the court may direct that
12the JDP be effective immediately.
13 (12) If a minor is found to be guilty of a violation of
14subsection (a-7) of Section 1 of the Prevention of Tobacco Use
15by Minors Act, the court may, in its discretion, and upon
16recommendation by the State's Attorney, order that minor and
17his or her parents or legal guardian to attend a smoker's
18education or youth diversion program as defined in that Act if
19that program is available in the jurisdiction where the
20offender resides. Attendance at a smoker's education or youth
21diversion program shall be time-credited against any community
22service time imposed for any first violation of subsection
23(a-7) of Section 1 of that Act. In addition to any other
24penalty that the court may impose for a violation of subsection
25(a-7) of Section 1 of that Act, the court, upon request by the
26State's Attorney, may in its discretion require the offender to

HB1468- 23 -LRB101 02963 SLF 47971 b
1remit a fee for his or her attendance at a smoker's education
2or youth diversion program.
3 For purposes of this Section, "smoker's education program"
4or "youth diversion program" includes, but is not limited to, a
5seminar designed to educate a person on the physical and
6psychological effects of smoking tobacco products and the
7health consequences of smoking tobacco products that can be
8conducted with a locality's youth diversion program.
9 In addition to any other penalty that the court may impose
10under this subsection (12):
11 (a) If a minor violates subsection (a-7) of Section 1
12 of the Prevention of Tobacco Use by Minors Act, the court
13 may impose a sentence of 15 hours of community service or a
14 fine of $25 for a first violation.
15 (b) A second violation by a minor of subsection (a-7)
16 of Section 1 of that Act that occurs within 12 months after
17 the first violation is punishable by a fine of $50 and 25
18 hours of community service.
19 (c) A third or subsequent violation by a minor of
20 subsection (a-7) of Section 1 of that Act that occurs
21 within 12 months after the first violation is punishable by
22 a $100 fine and 30 hours of community service.
23 (d) Any second or subsequent violation not within the
24 12-month time period after the first violation is
25 punishable as provided for a first violation.
26(Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879,

HB1468- 24 -LRB101 02963 SLF 47971 b
1eff. 1-1-17; 100-201, eff. 8-18-17; 100-431, eff. 8-25-17.)
2 (Text of Section after amendment by P.A. 100-759)
3 Sec. 5-710. Kinds of sentencing orders.
4 (1) The following kinds of sentencing orders may be made in
5respect of wards of the court:
6 (a) Except as provided in Sections 5-805, 5-810, and
7 5-815, a minor who is found guilty under Section 5-620 may
8 be:
9 (i) put on probation or conditional discharge and
10 released to his or her parents, guardian or legal
11 custodian, provided, however, that any such minor who
12 is not committed to the Department of Juvenile Justice
13 under this subsection and who is found to be a
14 delinquent for an offense which is first degree murder,
15 a Class X felony, or a forcible felony shall be placed
16 on probation;
17 (ii) placed in accordance with Section 5-740, with
18 or without also being put on probation or conditional
19 discharge;
20 (iii) required to undergo a substance abuse
21 assessment conducted by a licensed provider and
22 participate in the indicated clinical level of care;
23 (iv) on and after the effective date of this
24 amendatory Act of the 98th General Assembly and before
25 January 1, 2017, placed in the guardianship of the

HB1468- 25 -LRB101 02963 SLF 47971 b
1 Department of Children and Family Services, but only if
2 the delinquent minor is under 16 years of age or,
3 pursuant to Article II of this Act, a minor for whom an
4 independent basis of abuse, neglect, or dependency
5 exists. On and after January 1, 2017, placed in the
6 guardianship of the Department of Children and Family
7 Services, but only if the delinquent minor is under 15
8 years of age or, pursuant to Article II of this Act, a
9 minor for whom an independent basis of abuse, neglect,
10 or dependency exists. An independent basis exists when
11 the allegations or adjudication of abuse, neglect, or
12 dependency do not arise from the same facts, incident,
13 or circumstances which give rise to a charge or
14 adjudication of delinquency;
15 (v) placed in detention for a period not to exceed
16 30 days, either as the exclusive order of disposition
17 or, where appropriate, in conjunction with any other
18 order of disposition issued under this paragraph,
19 provided that any such detention shall be in a juvenile
20 detention home and the minor so detained shall be 13 10
21 years of age or older. However, the 30-day limitation
22 may be extended by further order of the court for a
23 minor under age 15 committed to the Department of
24 Children and Family Services if the court finds that
25 the minor is a danger to himself or others. The minor
26 shall be given credit on the sentencing order of

HB1468- 26 -LRB101 02963 SLF 47971 b
1 detention for time spent in detention under Sections
2 5-501, 5-601, 5-710, or 5-720 of this Article as a
3 result of the offense for which the sentencing order
4 was imposed. The court may grant credit on a sentencing
5 order of detention entered under a violation of
6 probation or violation of conditional discharge under
7 Section 5-720 of this Article for time spent in
8 detention before the filing of the petition alleging
9 the violation. A minor shall not be deprived of credit
10 for time spent in detention before the filing of a
11 violation of probation or conditional discharge
12 alleging the same or related act or acts. The
13 limitation that the minor shall only be placed in a
14 juvenile detention home does not apply as follows:
15 Persons 18 years of age and older who have a
16 petition of delinquency filed against them may be
17 confined in an adult detention facility. In making a
18 determination whether to confine a person 18 years of
19 age or older who has a petition of delinquency filed
20 against the person, these factors, among other
21 matters, shall be considered:
22 (A) the age of the person;
23 (B) any previous delinquent or criminal
24 history of the person;
25 (C) any previous abuse or neglect history of
26 the person;

HB1468- 27 -LRB101 02963 SLF 47971 b
1 (D) any mental health history of the person;
2 and
3 (E) any educational history of the person;
4 (vi) ordered partially or completely emancipated
5 in accordance with the provisions of the Emancipation
6 of Minors Act;
7 (vii) subject to having his or her driver's license
8 or driving privileges suspended for such time as
9 determined by the court but only until he or she
10 attains 18 years of age;
11 (viii) put on probation or conditional discharge
12 and placed in detention under Section 3-6039 of the
13 Counties Code for a period not to exceed the period of
14 incarceration permitted by law for adults found guilty
15 of the same offense or offenses for which the minor was
16 adjudicated delinquent, and in any event no longer than
17 upon attainment of age 21; this subdivision (viii)
18 notwithstanding any contrary provision of the law;
19 (ix) ordered to undergo a medical or other
20 procedure to have a tattoo symbolizing allegiance to a
21 street gang removed from his or her body; or
22 (x) placed in electronic monitoring or home
23 detention under Part 7A of this Article.
24 (b) A minor found to be guilty may be committed to the
25 Department of Juvenile Justice under Section 5-750 if the
26 minor is at least 13 years and under 20 years of age,

HB1468- 28 -LRB101 02963 SLF 47971 b
1 provided that the commitment to the Department of Juvenile
2 Justice shall be made only if the minor was found guilty of
3 a felony offense or first degree murder. The court shall
4 include in the sentencing order any pre-custody credits the
5 minor is entitled to under Section 5-4.5-100 of the Unified
6 Code of Corrections. The time during which a minor is in
7 custody before being released upon the request of a parent,
8 guardian or legal custodian shall also be considered as
9 time spent in custody.
10 (c) When a minor is found to be guilty for an offense
11 which is a violation of the Illinois Controlled Substances
12 Act, the Cannabis Control Act, or the Methamphetamine
13 Control and Community Protection Act and made a ward of the
14 court, the court may enter a disposition order requiring
15 the minor to undergo assessment, counseling or treatment in
16 a substance use disorder treatment program approved by the
17 Department of Human Services.
18 (2) Any sentencing order other than commitment to the
19Department of Juvenile Justice may provide for protective
20supervision under Section 5-725 and may include an order of
21protection under Section 5-730.
22 (3) Unless the sentencing order expressly so provides, it
23does not operate to close proceedings on the pending petition,
24but is subject to modification until final closing and
25discharge of the proceedings under Section 5-750.
26 (4) In addition to any other sentence, the court may order

HB1468- 29 -LRB101 02963 SLF 47971 b
1any minor found to be delinquent to make restitution, in
2monetary or non-monetary form, under the terms and conditions
3of Section 5-5-6 of the Unified Code of Corrections, except
4that the "presentencing hearing" referred to in that Section
5shall be the sentencing hearing for purposes of this Section.
6The parent, guardian or legal custodian of the minor may be
7ordered by the court to pay some or all of the restitution on
8the minor's behalf, pursuant to the Parental Responsibility
9Law. The State's Attorney is authorized to act on behalf of any
10victim in seeking restitution in proceedings under this
11Section, up to the maximum amount allowed in Section 5 of the
12Parental Responsibility Law.
13 (5) Any sentencing order where the minor is committed or
14placed in accordance with Section 5-740 shall provide for the
15parents or guardian of the estate of the minor to pay to the
16legal custodian or guardian of the person of the minor such
17sums as are determined by the custodian or guardian of the
18person of the minor as necessary for the minor's needs. The
19payments may not exceed the maximum amounts provided for by
20Section 9.1 of the Children and Family Services Act.
21 (6) Whenever the sentencing order requires the minor to
22attend school or participate in a program of training, the
23truant officer or designated school official shall regularly
24report to the court if the minor is a chronic or habitual
25truant under Section 26-2a of the School Code. Notwithstanding
26any other provision of this Act, in instances in which

HB1468- 30 -LRB101 02963 SLF 47971 b
1educational services are to be provided to a minor in a
2residential facility where the minor has been placed by the
3court, costs incurred in the provision of those educational
4services must be allocated based on the requirements of the
5School Code.
6 (7) In no event shall a guilty minor be committed to the
7Department of Juvenile Justice for a period of time in excess
8of that period for which an adult could be committed for the
9same act. The court shall include in the sentencing order a
10limitation on the period of confinement not to exceed the
11maximum period of imprisonment the court could impose under
12Article V of the Unified Code of Corrections.
13 (7.5) In no event shall a guilty minor be committed to the
14Department of Juvenile Justice or placed in detention when the
15act for which the minor was adjudicated delinquent would not be
16illegal if committed by an adult.
17 (7.6) In no event shall a guilty minor be committed to the
18Department of Juvenile Justice for an offense which is a Class
194 felony under Section 19-4 (criminal trespass to a residence),
2021-1 (criminal damage to property), 21-1.01 (criminal damage to
21government supported property), 21-1.3 (criminal defacement of
22property), 26-1 (disorderly conduct), or 31-4 (obstructing
23justice) of the Criminal Code of 2012.
24 (7.75) In no event shall a guilty minor be committed to the
25Department of Juvenile Justice for an offense that is a Class 3
26or Class 4 felony violation of the Illinois Controlled

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1Substances Act unless the commitment occurs upon a third or
2subsequent judicial finding of a violation of probation for
3substantial noncompliance with court-ordered treatment or
4programming.
5 (8) A minor found to be guilty for reasons that include a
6violation of Section 21-1.3 of the Criminal Code of 1961 or the
7Criminal Code of 2012 shall be ordered to perform community
8service for not less than 30 and not more than 120 hours, if
9community service is available in the jurisdiction. The
10community service shall include, but need not be limited to,
11the cleanup and repair of the damage that was caused by the
12violation or similar damage to property located in the
13municipality or county in which the violation occurred. The
14order may be in addition to any other order authorized by this
15Section.
16 (8.5) A minor found to be guilty for reasons that include a
17violation of Section 3.02 or Section 3.03 of the Humane Care
18for Animals Act or paragraph (d) of subsection (1) of Section
1921-1 of the Criminal Code of 1961 or paragraph (4) of
20subsection (a) of Section 21-1 of the Criminal Code of 2012
21shall be ordered to undergo medical or psychiatric treatment
22rendered by a psychiatrist or psychological treatment rendered
23by a clinical psychologist. The order may be in addition to any
24other order authorized by this Section.
25 (9) In addition to any other sentencing order, the court
26shall order any minor found to be guilty for an act which would

HB1468- 32 -LRB101 02963 SLF 47971 b
1constitute, predatory criminal sexual assault of a child,
2aggravated criminal sexual assault, criminal sexual assault,
3aggravated criminal sexual abuse, or criminal sexual abuse if
4committed by an adult to undergo medical testing to determine
5whether the defendant has any sexually transmissible disease
6including a test for infection with human immunodeficiency
7virus (HIV) or any other identified causative agency of
8acquired immunodeficiency syndrome (AIDS). Any medical test
9shall be performed only by appropriately licensed medical
10practitioners and may include an analysis of any bodily fluids
11as well as an examination of the minor's person. Except as
12otherwise provided by law, the results of the test shall be
13kept strictly confidential by all medical personnel involved in
14the testing and must be personally delivered in a sealed
15envelope to the judge of the court in which the sentencing
16order was entered for the judge's inspection in camera. Acting
17in accordance with the best interests of the victim and the
18public, the judge shall have the discretion to determine to
19whom the results of the testing may be revealed. The court
20shall notify the minor of the results of the test for infection
21with the human immunodeficiency virus (HIV). The court shall
22also notify the victim if requested by the victim, and if the
23victim is under the age of 15 and if requested by the victim's
24parents or legal guardian, the court shall notify the victim's
25parents or the legal guardian, of the results of the test for
26infection with the human immunodeficiency virus (HIV). The

HB1468- 33 -LRB101 02963 SLF 47971 b
1court shall provide information on the availability of HIV
2testing and counseling at the Department of Public Health
3facilities to all parties to whom the results of the testing
4are revealed. The court shall order that the cost of any test
5shall be paid by the county and may be taxed as costs against
6the minor.
7 (10) When a court finds a minor to be guilty the court
8shall, before entering a sentencing order under this Section,
9make a finding whether the offense committed either: (a) was
10related to or in furtherance of the criminal activities of an
11organized gang or was motivated by the minor's membership in or
12allegiance to an organized gang, or (b) involved a violation of
13subsection (a) of Section 12-7.1 of the Criminal Code of 1961
14or the Criminal Code of 2012, a violation of any Section of
15Article 24 of the Criminal Code of 1961 or the Criminal Code of
162012, or a violation of any statute that involved the wrongful
17use of a firearm. If the court determines the question in the
18affirmative, and the court does not commit the minor to the
19Department of Juvenile Justice, the court shall order the minor
20to perform community service for not less than 30 hours nor
21more than 120 hours, provided that community service is
22available in the jurisdiction and is funded and approved by the
23county board of the county where the offense was committed. The
24community service shall include, but need not be limited to,
25the cleanup and repair of any damage caused by a violation of
26Section 21-1.3 of the Criminal Code of 1961 or the Criminal

HB1468- 34 -LRB101 02963 SLF 47971 b
1Code of 2012 and similar damage to property located in the
2municipality or county in which the violation occurred. When
3possible and reasonable, the community service shall be
4performed in the minor's neighborhood. This order shall be in
5addition to any other order authorized by this Section except
6for an order to place the minor in the custody of the
7Department of Juvenile Justice. For the purposes of this
8Section, "organized gang" has the meaning ascribed to it in
9Section 10 of the Illinois Streetgang Terrorism Omnibus
10Prevention Act.
11 (11) If the court determines that the offense was committed
12in furtherance of the criminal activities of an organized gang,
13as provided in subsection (10), and that the offense involved
14the operation or use of a motor vehicle or the use of a
15driver's license or permit, the court shall notify the
16Secretary of State of that determination and of the period for
17which the minor shall be denied driving privileges. If, at the
18time of the determination, the minor does not hold a driver's
19license or permit, the court shall provide that the minor shall
20not be issued a driver's license or permit until his or her
2118th birthday. If the minor holds a driver's license or permit
22at the time of the determination, the court shall provide that
23the minor's driver's license or permit shall be revoked until
24his or her 21st birthday, or until a later date or occurrence
25determined by the court. If the minor holds a driver's license
26at the time of the determination, the court may direct the

HB1468- 35 -LRB101 02963 SLF 47971 b
1Secretary of State to issue the minor a judicial driving
2permit, also known as a JDP. The JDP shall be subject to the
3same terms as a JDP issued under Section 6-206.1 of the
4Illinois Vehicle Code, except that the court may direct that
5the JDP be effective immediately.
6 (12) If a minor is found to be guilty of a violation of
7subsection (a-7) of Section 1 of the Prevention of Tobacco Use
8by Minors Act, the court may, in its discretion, and upon
9recommendation by the State's Attorney, order that minor and
10his or her parents or legal guardian to attend a smoker's
11education or youth diversion program as defined in that Act if
12that program is available in the jurisdiction where the
13offender resides. Attendance at a smoker's education or youth
14diversion program shall be time-credited against any community
15service time imposed for any first violation of subsection
16(a-7) of Section 1 of that Act. In addition to any other
17penalty that the court may impose for a violation of subsection
18(a-7) of Section 1 of that Act, the court, upon request by the
19State's Attorney, may in its discretion require the offender to
20remit a fee for his or her attendance at a smoker's education
21or youth diversion program.
22 For purposes of this Section, "smoker's education program"
23or "youth diversion program" includes, but is not limited to, a
24seminar designed to educate a person on the physical and
25psychological effects of smoking tobacco products and the
26health consequences of smoking tobacco products that can be

HB1468- 36 -LRB101 02963 SLF 47971 b
1conducted with a locality's youth diversion program.
2 In addition to any other penalty that the court may impose
3under this subsection (12):
4 (a) If a minor violates subsection (a-7) of Section 1
5 of the Prevention of Tobacco Use by Minors Act, the court
6 may impose a sentence of 15 hours of community service or a
7 fine of $25 for a first violation.
8 (b) A second violation by a minor of subsection (a-7)
9 of Section 1 of that Act that occurs within 12 months after
10 the first violation is punishable by a fine of $50 and 25
11 hours of community service.
12 (c) A third or subsequent violation by a minor of
13 subsection (a-7) of Section 1 of that Act that occurs
14 within 12 months after the first violation is punishable by
15 a $100 fine and 30 hours of community service.
16 (d) Any second or subsequent violation not within the
17 12-month time period after the first violation is
18 punishable as provided for a first violation.
19(Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879,
20eff. 1-1-17; 100-201, eff. 8-18-17; 100-431, eff. 8-25-17;
21100-759, eff. 1-1-19.)
22 (705 ILCS 405/5-720)
23 Sec. 5-720. Probation revocation.
24 (1) If a petition is filed charging a violation of a
25condition of probation or of conditional discharge, the court

HB1468- 37 -LRB101 02963 SLF 47971 b
1shall:
2 (a) order the minor to appear; or
3 (b) order the minor's detention if the court finds that
4 the detention is a matter of immediate and urgent necessity
5 for the protection of the minor or of the person or
6 property of another or that the minor is likely to flee the
7 jurisdiction of the court, provided that any such detention
8 shall be in a juvenile detention home and the minor so
9 detained shall be 13 10 years of age or older; and
10 (c) notify the persons named in the petition under
11 Section 5-520, in accordance with the provisions of Section
12 5-530.
13 In making its detention determination under paragraph (b)
14of this subsection (1) of this Section, the court may use
15information in its findings offered at such a hearing by way of
16proffer based upon reliable information presented by the State,
17probation officer, or the minor. The filing of a petition for
18violation of a condition of probation or of conditional
19discharge shall toll the period of probation or of conditional
20discharge until the final determination of the charge, and the
21term of probation or conditional discharge shall not run until
22the hearing and disposition of the petition for violation.
23 (2) The court shall conduct a hearing of the alleged
24violation of probation or of conditional discharge. The minor
25shall not be held in detention longer than 15 days pending the
26determination of the alleged violation.

HB1468- 38 -LRB101 02963 SLF 47971 b
1 (3) At the hearing, the State shall have the burden of
2going forward with the evidence and proving the violation by a
3preponderance of the evidence. The evidence shall be presented
4in court with the right of confrontation, cross-examination,
5and representation by counsel.
6 (4) If the court finds that the minor has violated a
7condition at any time prior to the expiration or termination of
8the period of probation or conditional discharge, it may
9continue him or her on the existing sentence, with or without
10modifying or enlarging the conditions, or may revoke probation
11or conditional discharge and impose any other sentence that was
12available under Section 5-710 at the time of the initial
13sentence.
14 (5) The conditions of probation and of conditional
15discharge may be reduced or enlarged by the court on motion of
16the probation officer or on its own motion or at the request of
17the minor after notice and hearing under this Section.
18 (6) Sentencing after revocation of probation or of
19conditional discharge shall be under Section 5-705.
20 (7) Instead of filing a violation of probation or of
21conditional discharge, the probation officer, with the
22concurrence of his or her supervisor, may serve on the minor a
23notice of intermediate sanctions. The notice shall contain the
24technical violation or violations involved, the date or dates
25of the violation or violations, and the intermediate sanctions
26to be imposed. Upon receipt of the notice, the minor shall

HB1468- 39 -LRB101 02963 SLF 47971 b
1immediately accept or reject the intermediate sanctions. If the
2sanctions are accepted, they shall be imposed immediately. If
3the intermediate sanctions are rejected or the minor does not
4respond to the notice, a violation of probation or of
5conditional discharge shall be immediately filed with the
6court. The State's Attorney and the sentencing court shall be
7notified of the notice of sanctions. Upon successful completion
8of the intermediate sanctions, a court may not revoke probation
9or conditional discharge or impose additional sanctions for the
10same violation. A notice of intermediate sanctions may not be
11issued for any violation of probation or conditional discharge
12which could warrant an additional, separate felony charge.
13(Source: P.A. 90-590, eff. 1-1-99.)
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