Bill Text: IL SB1280 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Juvenile Court Act of 1987. Provides that a minor found to be guilty for reasons that include a violation of criminal damage to property, criminal damage to government supported property, and institutional vandalism shall be ordered to perform community service for not less than 30 and not more than 120 hours (removes "if community service is available in the jurisdiction"). Provides that the minor's sentence shall not be considered discharged until the cleanup and repair of the damage caused by the minor is complete.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-22 - Rule 3-9(a) / Re-referred to Assignments [SB1280 Detail]

Download: Illinois-2019-SB1280-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1280

Introduced 2/7/2019, by Sen. Chuck Weaver

SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-710

Amends the Juvenile Court Act of 1987. Provides that a minor found to be guilty for reasons that include a violation of criminal damage to property, criminal damage to government supported property, and institutional vandalism shall be ordered to perform community service for not less than 30 and not more than 120 hours (removes "if community service is available in the jurisdiction"). Provides that the minor's sentence shall not be considered discharged until the cleanup and repair of the damage caused by the minor is complete.
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A BILL FOR

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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 Juvenile Court Act of 1987 is amended by
5changing Section 5-710 as follows:
6 (705 ILCS 405/5-710)
7 Sec. 5-710. Kinds of sentencing orders.
8 (1) The following kinds of sentencing orders may be made in
9respect of wards of the court:
10 (a) Except as provided in Sections 5-805, 5-810, and
11 5-815, a minor who is found guilty under Section 5-620 may
12 be:
13 (i) put on probation or conditional discharge and
14 released to his or her parents, guardian or legal
15 custodian, provided, however, that any such minor who
16 is not committed to the Department of Juvenile Justice
17 under this subsection and who is found to be a
18 delinquent for an offense which is first degree murder,
19 a Class X felony, or a forcible felony shall be placed
20 on probation;
21 (ii) placed in accordance with Section 5-740, with
22 or without also being put on probation or conditional
23 discharge;

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

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

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

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1 street gang removed from his or her body; or
2 (x) placed in electronic monitoring or home
3 detention under Part 7A of this Article.
4 (b) A minor found to be guilty may be committed to the
5 Department of Juvenile Justice under Section 5-750 if the
6 minor is at least 13 years and under 20 years of age,
7 provided that the commitment to the Department of Juvenile
8 Justice shall be made only if the minor was found guilty of
9 a felony offense or first degree murder. The court shall
10 include in the sentencing order any pre-custody credits the
11 minor is entitled to under Section 5-4.5-100 of the Unified
12 Code of Corrections. The time during which a minor is in
13 custody before being released upon the request of a parent,
14 guardian or legal custodian shall also be considered as
15 time spent in custody.
16 (c) When a minor is found to be guilty for an offense
17 which is a violation of the Illinois Controlled Substances
18 Act, the Cannabis Control Act, or the Methamphetamine
19 Control and Community Protection Act and made a ward of the
20 court, the court may enter a disposition order requiring
21 the minor to undergo assessment, counseling or treatment in
22 a substance use disorder treatment program approved by the
23 Department of Human Services.
24 (2) Any sentencing order other than commitment to the
25Department of Juvenile Justice may provide for protective
26supervision under Section 5-725 and may include an order of

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1protection under Section 5-730.
2 (3) Unless the sentencing order expressly so provides, it
3does not operate to close proceedings on the pending petition,
4but is subject to modification until final closing and
5discharge of the proceedings under Section 5-750.
6 (4) In addition to any other sentence, the court may order
7any minor found to be delinquent to make restitution, in
8monetary or non-monetary form, under the terms and conditions
9of Section 5-5-6 of the Unified Code of Corrections, except
10that the "presentencing hearing" referred to in that Section
11shall be the sentencing hearing for purposes of this Section.
12The parent, guardian or legal custodian of the minor may be
13ordered by the court to pay some or all of the restitution on
14the minor's behalf, pursuant to the Parental Responsibility
15Law. The State's Attorney is authorized to act on behalf of any
16victim in seeking restitution in proceedings under this
17Section, up to the maximum amount allowed in Section 5 of the
18Parental Responsibility Law.
19 (5) Any sentencing order where the minor is committed or
20placed in accordance with Section 5-740 shall provide for the
21parents or guardian of the estate of the minor to pay to the
22legal custodian or guardian of the person of the minor such
23sums as are determined by the custodian or guardian of the
24person of the minor as necessary for the minor's needs. The
25payments may not exceed the maximum amounts provided for by
26Section 9.1 of the Children and Family Services Act.

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1 (6) Whenever the sentencing order requires the minor to
2attend school or participate in a program of training, the
3truant officer or designated school official shall regularly
4report to the court if the minor is a chronic or habitual
5truant under Section 26-2a of the School Code. Notwithstanding
6any other provision of this Act, in instances in which
7educational services are to be provided to a minor in a
8residential facility where the minor has been placed by the
9court, costs incurred in the provision of those educational
10services must be allocated based on the requirements of the
11School Code.
12 (7) In no event shall a guilty minor be committed to the
13Department of Juvenile Justice for a period of time in excess
14of that period for which an adult could be committed for the
15same act. The court shall include in the sentencing order a
16limitation on the period of confinement not to exceed the
17maximum period of imprisonment the court could impose under
18Article V of the Unified Code of Corrections.
19 (7.5) In no event shall a guilty minor be committed to the
20Department of Juvenile Justice or placed in detention when the
21act for which the minor was adjudicated delinquent would not be
22illegal if committed by an adult.
23 (7.6) In no event shall a guilty minor be committed to the
24Department of Juvenile Justice for an offense which is a Class
254 felony under Section 19-4 (criminal trespass to a residence),
2621-1 (criminal damage to property), 21-1.01 (criminal damage to

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1government supported property), 21-1.3 (criminal defacement of
2property), 26-1 (disorderly conduct), or 31-4 (obstructing
3justice) of the Criminal Code of 2012.
4 (7.75) In no event shall a guilty minor be committed to the
5Department of Juvenile Justice for an offense that is a Class 3
6or Class 4 felony violation of the Illinois Controlled
7Substances Act unless the commitment occurs upon a third or
8subsequent judicial finding of a violation of probation for
9substantial noncompliance with court-ordered treatment or
10programming.
11 (8) A minor found to be guilty for reasons that include a
12violation of Section 21-1, 21-1.01, 21-1.2, or 21-1.3 of the
13Criminal Code of 1961 or the Criminal Code of 2012 shall be
14ordered to perform community service for not less than 30 and
15not more than 120 hours, if community service is available in
16the jurisdiction. The community service shall include, but need
17not be limited to, the cleanup and repair of the damage that
18was caused by the violation or similar damage to property
19located in the municipality or county in which the violation
20occurred. The order may be in addition to any other order
21authorized by this Section. The minor's sentence shall not be
22considered discharged until the cleanup and repair of the
23damage caused by the minor is complete.
24 (8.5) A minor found to be guilty for reasons that include a
25violation of Section 3.02 or Section 3.03 of the Humane Care
26for Animals Act or paragraph (d) of subsection (1) of Section

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121-1 of the Criminal Code of 1961 or paragraph (4) of
2subsection (a) of Section 21-1 of the Criminal Code of 2012
3shall be ordered to undergo medical or psychiatric treatment
4rendered by a psychiatrist or psychological treatment rendered
5by a clinical psychologist. The order may be in addition to any
6other order authorized by this Section.
7 (9) In addition to any other sentencing order, the court
8shall order any minor found to be guilty for an act which would
9constitute, predatory criminal sexual assault of a child,
10aggravated criminal sexual assault, criminal sexual assault,
11aggravated criminal sexual abuse, or criminal sexual abuse if
12committed by an adult to undergo medical testing to determine
13whether the defendant has any sexually transmissible disease
14including a test for infection with human immunodeficiency
15virus (HIV) or any other identified causative agency of
16acquired immunodeficiency syndrome (AIDS). Any medical test
17shall be performed only by appropriately licensed medical
18practitioners and may include an analysis of any bodily fluids
19as well as an examination of the minor's person. Except as
20otherwise provided by law, the results of the test shall be
21kept strictly confidential by all medical personnel involved in
22the testing and must be personally delivered in a sealed
23envelope to the judge of the court in which the sentencing
24order was entered for the judge's inspection in camera. Acting
25in accordance with the best interests of the victim and the
26public, the judge shall have the discretion to determine to

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1whom the results of the testing may be revealed. The court
2shall notify the minor of the results of the test for infection
3with the human immunodeficiency virus (HIV). The court shall
4also notify the victim if requested by the victim, and if the
5victim is under the age of 15 and if requested by the victim's
6parents or legal guardian, the court shall notify the victim's
7parents or the legal guardian, of the results of the test for
8infection with the human immunodeficiency virus (HIV). The
9court shall provide information on the availability of HIV
10testing and counseling at the Department of Public Health
11facilities to all parties to whom the results of the testing
12are revealed. The court shall order that the cost of any test
13shall be paid by the county and may be taxed as costs against
14the minor.
15 (10) When a court finds a minor to be guilty the court
16shall, before entering a sentencing order under this Section,
17make a finding whether the offense committed either: (a) was
18related to or in furtherance of the criminal activities of an
19organized gang or was motivated by the minor's membership in or
20allegiance to an organized gang, or (b) involved a violation of
21subsection (a) of Section 12-7.1 of the Criminal Code of 1961
22or the Criminal Code of 2012, a violation of any Section of
23Article 24 of the Criminal Code of 1961 or the Criminal Code of
242012, or a violation of any statute that involved the wrongful
25use of a firearm. If the court determines the question in the
26affirmative, and the court does not commit the minor to the

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

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1license or permit, the court shall provide that the minor shall
2not be issued a driver's license or permit until his or her
318th birthday. If the minor holds a driver's license or permit
4at the time of the determination, the court shall provide that
5the minor's driver's license or permit shall be revoked until
6his or her 21st birthday, or until a later date or occurrence
7determined by the court. If the minor holds a driver's license
8at the time of the determination, the court may direct the
9Secretary of State to issue the minor a judicial driving
10permit, also known as a JDP. The JDP shall be subject to the
11same terms as a JDP issued under Section 6-206.1 of the
12Illinois Vehicle Code, except that the court may direct that
13the JDP be effective immediately.
14 (12) If a minor is found to be guilty of a violation of
15subsection (a-7) of Section 1 of the Prevention of Tobacco Use
16by Minors Act, the court may, in its discretion, and upon
17recommendation by the State's Attorney, order that minor and
18his or her parents or legal guardian to attend a smoker's
19education or youth diversion program as defined in that Act if
20that program is available in the jurisdiction where the
21offender resides. Attendance at a smoker's education or youth
22diversion program shall be time-credited against any community
23service time imposed for any first violation of subsection
24(a-7) of Section 1 of that Act. In addition to any other
25penalty that the court may impose for a violation of subsection
26(a-7) of Section 1 of that Act, the court, upon request by the

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

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1(Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 99-879,
2eff. 1-1-17; 100-201, eff. 8-18-17; 100-431, eff. 8-25-17;
3100-759, eff. 1-1-19.)
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