Bill Text: IL SB3610 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the School Code. Deletes provisions stating that: the Department of Juvenile Justice School District Board of Education shall adopt an annual budget for the use of education moneys for the next school year which it deems necessary to defray all necessary expenses and liabilities of the district; the budget shall contain a statement of cash on hand at the beginning of the fiscal year, an estimate of the cash expected to be received during such fiscal year from all sources, an estimate of the expenditure contemplated for such fiscal year, and a statement of the estimated cash expected to be on hand at the end of such year; and this budget shall be submitted to the Department of Corrections and the State Board of Education for incorporation. Amends the Juvenile Court Act of 1987. Deletes a provision that permits a guilty minor to be committed to the Department of Juvenile Justice for an offense that is a Class 3 or Class 4 felony violation of the Illinois Controlled Substances Act if the commitment occurs upon a third or subsequent judicial finding of a violation of probation for substantial noncompliance with court-ordered treatment or programming. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-04-18 - Added as Co-Sponsor Sen. Mary Edly-Allen [SB3610 Detail]

Download: Illinois-2023-SB3610-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3610 Introduced 2/9/2024, by Sen. Robert F. Martwick SYNOPSIS AS INTRODUCED:
105 ILCS 5/13-44.4 from Ch. 122, par. 13-44.4
705 ILCS 405/5-710
Amends the School Code. Deletes provisions stating that: the Department of Juvenile Justice School District Board of Education shall adopt an annual budget for the use of education moneys for the next school year which it deems necessary to defray all necessary expenses and liabilities of the district; the budget shall contain a statement of cash on hand at the beginning of the fiscal year, an estimate of the cash expected to be received during such fiscal year from all sources, an estimate of the expenditure contemplated for such fiscal year, and a statement of the estimated cash expected to be on hand at the end of such year; and this budget shall be submitted to the Department of Corrections and the State Board of Education for incorporation. Amends the Juvenile Court Act of 1987. Deletes a provision that permits a guilty minor to be committed to the Department of Juvenile Justice for an offense that is a Class 3 or Class 4 felony violation of the Illinois Controlled Substances Act if the commitment occurs upon a third or subsequent judicial finding of a violation of probation for substantial noncompliance with court-ordered treatment or programming. Effective immediately.
LRB103 36295 RLC 66392 b
A BILL FOR
SB3610 LRB103 36295 RLC 66392 b
AN ACT concerning juveniles.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing Section
13-44.4 as follows:
(105 ILCS 5/13-44.4) (from Ch. 122, par. 13-44.4)
Sec. 13-44.4. Department of Corrections Reimbursement and
Education Fund; budget. All moneys received from the Common
School Fund, federal aid and grants, vocational and
educational funds and grants, and gifts and grants by
individuals, foundations and corporations for educational
purposes shall be deposited into the Department of Corrections
Reimbursement and Education Fund in the State Treasury. Moneys
in the Department of Corrections Reimbursement and Education
Fund may be used, subject to appropriation, to pay the expense
of the schools and school district of the Department of
Corrections together with and supplemental to regular
appropriations to the Department for educational purposes,
including, but not limited to, the cost of teacher salaries,
supplies and materials, building upkeep and costs,
transportation, scholarships, non-academic salaries,
equipment and other school costs.
Beginning in 1972, the Board of Education shall, by

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November 15, adopt an annual budget for the use of education
moneys for the next school year which it deems necessary to
defray all necessary expenses and liabilities of the district,
and in such annual budget shall specify the objects and
purposes of each item and the amount needed for each object or
purpose. The budget shall contain a statement of cash on hand
at the beginning of the fiscal year, an estimate of the cash
expected to be received during such fiscal year from all
sources, an estimate of the expenditure contemplated for such
fiscal year, and a statement of the estimated cash expected to
be on hand at the end of such year. Prior to the adoption of
the annual educational budget, this budget shall be submitted
to the Department of Corrections and the State Board of
Education for incorporation.
(Source: P.A. 90-9, eff. 7-1-97; 90-587, eff. 7-1-98.)
Section 10. The Juvenile Court Act of 1987 is amended by
changing Section 5-710 as follows:
(705 ILCS 405/5-710)
Sec. 5-710. Kinds of sentencing orders.
(1) The following kinds of sentencing orders may be made
in respect of wards of the court:
(a) Except as provided in Sections 5-805, 5-810, and
5-815, a minor who is found guilty under Section 5-620 may
be:

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(i) put on probation or conditional discharge and
released to the minor's parents, guardian or legal
custodian, provided, however, that any such minor who
is not committed to the Department of Juvenile Justice
under this subsection and who is found to be a
delinquent for an offense which is first degree
murder, a Class X felony, or a forcible felony shall be
placed on probation;
(ii) placed in accordance with Section 5-740, with
or without also being put on probation or conditional
discharge;
(iii) required to undergo a substance abuse
assessment conducted by a licensed provider and
participate in the indicated clinical level of care;
(iv) on and after January 1, 2015 (the effective
date of Public Act 98-803) and before January 1, 2017,
placed in the guardianship of the Department of
Children and Family Services, but only if the
delinquent minor is under 16 years of age or, pursuant
to Article II of this Act, a minor under the age of 18
for whom an independent basis of abuse, neglect, or
dependency exists. On and after January 1, 2017,
placed in the guardianship of the Department of
Children and Family Services, but only if the
delinquent minor is under 15 years of age or, pursuant
to Article II of this Act, a minor for whom an

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independent basis of abuse, neglect, or dependency
exists. An independent basis exists when the
allegations or adjudication of abuse, neglect, or
dependency do not arise from the same facts, incident,
or circumstances which give rise to a charge or
adjudication of delinquency;
(v) placed in detention for a period not to exceed
30 days, either as the exclusive order of disposition
or, where appropriate, in conjunction with any other
order of disposition issued under this paragraph,
provided that any such detention shall be in a
juvenile detention home and the minor so detained
shall be 10 years of age or older. However, the 30-day
limitation may be extended by further order of the
court for a minor under age 15 committed to the
Department of Children and Family Services if the
court finds that the minor is a danger to the minor or
others. The minor shall be given credit on the
sentencing order of detention for time spent in
detention under Sections 5-501, 5-601, 5-710, or 5-720
of this Article as a result of the offense for which
the sentencing order was imposed. The court may grant
credit on a sentencing order of detention entered
under a violation of probation or violation of
conditional discharge under Section 5-720 of this
Article for time spent in detention before the filing

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of the petition alleging the violation. A minor shall
not be deprived of credit for time spent in detention
before the filing of a violation of probation or
conditional discharge alleging the same or related act
or acts. The limitation that the minor shall only be
placed in a juvenile detention home does not apply as
follows:
Persons 18 years of age and older who have a
petition of delinquency filed against them may be
confined in an adult detention facility. In making a
determination whether to confine a person 18 years of
age or older who has a petition of delinquency filed
against the person, these factors, among other
matters, shall be considered:
(A) the age of the person;
(B) any previous delinquent or criminal
history of the person;
(C) any previous abuse or neglect history of
the person;
(D) any mental health history of the person;
and
(E) any educational history of the person;
(vi) ordered partially or completely emancipated
in accordance with the provisions of the Emancipation
of Minors Act;
(vii) subject to having the minor's driver's

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license or driving privileges suspended for such time
as determined by the court but only until the minor
attains 18 years of age;
(viii) put on probation or conditional discharge
and placed in detention under Section 3-6039 of the
Counties Code for a period not to exceed the period of
incarceration permitted by law for adults found guilty
of the same offense or offenses for which the minor was
adjudicated delinquent, and in any event no longer
than upon attainment of age 21; this subdivision
(viii) notwithstanding any contrary provision of the
law;
(ix) ordered to undergo a medical or other
procedure to have a tattoo symbolizing allegiance to a
street gang removed from the minor's body; or
(x) placed in electronic monitoring or home
detention under Part 7A of this Article.
(b) A minor found to be guilty may be committed to the
Department of Juvenile Justice under Section 5-750 if the
minor is at least 13 years and under 20 years of age,
provided that the commitment to the Department of Juvenile
Justice shall be made only if the minor was found guilty of
a felony offense or first degree murder. The court shall
include in the sentencing order any pre-custody credits
the minor is entitled to under Section 5-4.5-100 of the
Unified Code of Corrections. The time during which a minor

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is in custody before being released upon the request of a
parent, guardian or legal custodian shall also be
considered as time spent in custody.
(c) When a minor is found to be guilty for an offense
which is a violation of the Illinois Controlled Substances
Act, the Cannabis Control Act, or the Methamphetamine
Control and Community Protection Act and made a ward of
the court, the court may enter a disposition order
requiring the minor to undergo assessment, counseling or
treatment in a substance use disorder treatment program
approved by the Department of Human Services.
(2) Any sentencing order other than commitment to the
Department of Juvenile Justice may provide for protective
supervision under Section 5-725 and may include an order of
protection under Section 5-730.
(3) Unless the sentencing order expressly so provides, it
does not operate to close proceedings on the pending petition,
but is subject to modification until final closing and
discharge of the proceedings under Section 5-750.
(4) In addition to any other sentence, the court may order
any minor found to be delinquent to make restitution, in
monetary or non-monetary form, under the terms and conditions
of Section 5-5-6 of the Unified Code of Corrections, except
that the "presentencing hearing" referred to in that Section
shall be the sentencing hearing for purposes of this Section.
The parent, guardian or legal custodian of the minor may be

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ordered by the court to pay some or all of the restitution on
the minor's behalf, pursuant to the Parental Responsibility
Law. The State's Attorney is authorized to act on behalf of any
victim in seeking restitution in proceedings under this
Section, up to the maximum amount allowed in Section 5 of the
Parental Responsibility Law.
(5) Any sentencing order where the minor is committed or
placed in accordance with Section 5-740 shall provide for the
parents or guardian of the estate of the minor to pay to the
legal custodian or guardian of the person of the minor such
sums as are determined by the custodian or guardian of the
person of the minor as necessary for the minor's needs. The
payments may not exceed the maximum amounts provided for by
Section 9.1 of the Children and Family Services Act.
(6) Whenever the sentencing order requires the minor to
attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code. Notwithstanding
any other provision of this Act, in instances in which
educational services are to be provided to a minor in a
residential facility where the minor has been placed by the
court, costs incurred in the provision of those educational
services must be allocated based on the requirements of the
School Code.
(7) In no event shall a guilty minor be committed to the

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Department of Juvenile Justice for a period of time in excess
of that period for which an adult could be committed for the
same act. The court shall include in the sentencing order a
limitation on the period of confinement not to exceed the
maximum period of imprisonment the court could impose under
Chapter V of the Unified Code of Corrections.
(7.5) In no event shall a guilty minor be committed to the
Department of Juvenile Justice or placed in detention when the
act for which the minor was adjudicated delinquent would not
be illegal if committed by an adult.
(7.6) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for an offense which is a Class
4 felony under Section 19-4 (criminal trespass to a
residence), 21-1 (criminal damage to property), 21-1.01
(criminal damage to government supported property), 21-1.3
(criminal defacement of property), 26-1 (disorderly conduct),
or 31-4 (obstructing justice) of the Criminal Code of 2012.
(7.75) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for an offense that is a Class 3
or Class 4 felony violation of the Illinois Controlled
Substances Act unless the commitment occurs upon a third or
subsequent judicial finding of a violation of probation for
substantial noncompliance with court-ordered treatment or
programming.
(8) A minor found to be guilty for reasons that include a
violation of Section 21-1.3 of the Criminal Code of 1961 or the

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Criminal Code of 2012 shall be ordered 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
violation or similar damage to property located in the
municipality or county in which the violation occurred. The
order may be in addition to any other order authorized by this
Section. Community service shall not interfere with the school
hours, school-related activities, or work commitments of the
minor or the minor's parent, guardian, or legal custodian.
(8.5) A minor found to be guilty 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 of the Criminal Code of 2012
shall be ordered to undergo medical or psychiatric treatment
rendered by a psychiatrist or psychological treatment rendered
by a clinical psychologist. The order may be in addition to any
other order authorized by this Section.
(9) In addition to any other sentencing order, the court
shall order any minor found to be guilty for an act which would
constitute, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal sexual assault,
aggravated criminal sexual abuse, or criminal sexual abuse if
committed by an adult to undergo medical testing to determine

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whether the defendant has any sexually transmissible disease
including a test for infection with human immunodeficiency
virus (HIV) or any other identified causative agency of
acquired immunodeficiency syndrome (AIDS). Any medical test
shall be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily fluids
as well as an examination of the minor's person. Except as
otherwise provided by law, the results of the test shall be
kept strictly confidential by all medical personnel involved
in the testing and must be personally delivered in a sealed
envelope to the judge of the court in which the sentencing
order was entered for the judge's inspection in camera. Acting
in accordance with the best interests of the victim and the
public, the judge shall have the discretion to determine to
whom the results of the testing may be revealed. The court
shall notify the minor of the results of the test for infection
with the human immunodeficiency virus (HIV). The court shall
also notify the victim if requested by the victim, and if the
victim is under the age of 15 and if requested by the victim's
parents or legal guardian, the court shall notify the victim's
parents or the legal guardian, of the results of the test for
infection with the human immunodeficiency virus (HIV). The
court shall provide information on the availability of HIV
testing and counseling at the Department of Public Health
facilities to all parties to whom the results of the testing
are revealed. The court shall order that the cost of any test

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shall be paid by the county.
(10) When a court finds a minor to be guilty the court
shall, before entering a sentencing order under this Section,
make a finding whether the offense committed either: (a) was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the minor's membership in
or allegiance to an organized gang, or (b) involved a
violation of subsection (a) of Section 12-7.1 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 wrongful use of a firearm. If the court
determines the question in the affirmative, and the court does
not commit the minor to the Department of Juvenile Justice,
the court shall order the minor to perform community service
for not less than 30 hours nor more than 120 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 a 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
violation occurred. When possible and reasonable, the
community service shall be performed in the minor's
neighborhood. This order shall be in addition to any other

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order authorized by this Section except for an order to place
the minor in the custody of the Department of Juvenile
Justice. Community service shall not interfere with the school
hours, school-related activities, or work commitments of the
minor or the minor's parent, guardian, or legal custodian. 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.
(11) If the court determines that the offense was
committed in furtherance of the criminal activities of an
organized gang, as provided in subsection (10), and that the
offense involved the operation or use of a motor vehicle or the
use of a driver's license or permit, the court shall notify the
Secretary of State of that determination and of the period for
which the minor shall be denied driving privileges. If, at the
time of the determination, the minor does not hold a driver's
license or permit, the court shall provide that the minor
shall not be issued a driver's license or permit until the
minor's 18th birthday. If the minor holds a driver's license
or permit at the time of the determination, the court shall
provide that the minor's driver's license or permit shall be
revoked until the minor's 21st birthday, or until a later date
or occurrence determined by the court. If the minor holds a
driver's license at the time of the determination, the court
may direct the Secretary of State to issue the minor a judicial
driving permit, also known as a JDP. The JDP shall be subject

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to the same terms as a JDP issued under Section 6-206.1 of the
Illinois Vehicle Code, except that the court may direct that
the JDP be effective immediately.
(12) (Blank).
(13) Fines and assessments, including any fee or
administrative cost authorized under Section 5-4.5-105,
5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the
Unified Code of Corrections, relating to any sentencing order
shall not be ordered or imposed on a minor or the minor's
parent, guardian, or legal custodian. The inability of a
minor, or minor's parent, guardian, or legal custodian, to
cover the costs associated with an appropriate sentencing
order shall not be the basis for the court to enter a
sentencing order incongruent with the court's findings
regarding the offense on which the minor was adjudicated or
the mitigating factors.
(Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23;
103-379, eff. 7-28-23; revised 8-25-23.)