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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4672 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
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Amends the Juvenile Court Act of 1987. Deletes provision that the
period of probation for a minor who is found to be guilty for an offense which
is a forcible felony, other than first degree murder or a Class X felony, shall be at
least 5 years.
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| | A BILL FOR |
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| | HB4672 | | LRB098 17199 RLC 52290 b |
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| 1 | | AN ACT concerning courts.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by |
| 5 | | changing Section 5-715 as follows:
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| 6 | | (705 ILCS 405/5-715)
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| 7 | | Sec. 5-715. Probation.
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| 8 | | (1) The period of probation or conditional discharge shall |
| 9 | | not exceed 5
years or until the minor has attained the age of |
| 10 | | 21 years, whichever is less,
except as provided in this Section |
| 11 | | for a minor who is found to be guilty
for an offense which is |
| 12 | | first degree murder or , a Class X felony or a forcible
felony. |
| 13 | | The juvenile court may terminate probation or
conditional |
| 14 | | discharge and discharge the minor at any time if warranted by |
| 15 | | the
conduct of the minor and the ends of justice; provided, |
| 16 | | however, that the
period of probation for a minor who is found |
| 17 | | to be guilty for an offense which
is first degree murder or , a |
| 18 | | Class X felony, or a forcible felony shall be at
least 5 years.
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| 19 | | (2) The court may as a condition of probation or of |
| 20 | | conditional discharge
require that the minor:
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| 21 | | (a) not violate any criminal statute of any |
| 22 | | jurisdiction;
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| 23 | | (b) make a report to and appear in person before any |
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| 1 | | person or agency as
directed by the court;
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| 2 | | (c) work or pursue a course of study or vocational |
| 3 | | training;
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| 4 | | (d) undergo medical or psychiatric treatment, rendered |
| 5 | | by a psychiatrist
or
psychological treatment rendered by a |
| 6 | | clinical psychologist or social work
services rendered by a |
| 7 | | clinical social worker, or treatment for drug addiction
or |
| 8 | | alcoholism;
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| 9 | | (e) attend or reside in a facility established for the |
| 10 | | instruction or
residence of persons on probation;
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| 11 | | (f) support his or her dependents, if any;
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| 12 | | (g) refrain from possessing a firearm or other |
| 13 | | dangerous weapon, or an
automobile;
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| 14 | | (h) permit the probation officer to visit him or her at |
| 15 | | his or her home or
elsewhere;
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| 16 | | (i) reside with his or her parents or in a foster home;
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| 17 | | (j) attend school;
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| 18 | | (j-5) with the consent of the superintendent
of the
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| 19 | | facility,
attend an educational program at a facility other |
| 20 | | than the school
in which the
offense was committed if he
or |
| 21 | | she committed a crime of violence as
defined in
Section 2 |
| 22 | | of the Crime Victims Compensation Act in a school, on the
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| 23 | | real
property
comprising a school, or within 1,000 feet of |
| 24 | | the real property comprising a
school;
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| 25 | | (k) attend a non-residential program for youth;
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| 26 | | (l) make restitution under the terms of subsection (4) |
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| 1 | | of Section 5-710;
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| 2 | | (m) contribute to his or her own support at home or in |
| 3 | | a foster home;
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| 4 | | (n) perform some reasonable public or community |
| 5 | | service;
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| 6 | | (o) participate with community corrections programs |
| 7 | | including unified
delinquency intervention services |
| 8 | | administered by the Department of Human
Services
subject to |
| 9 | | Section 5 of the Children and Family Services Act;
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| 10 | | (p) pay costs;
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| 11 | | (q) serve a term of home confinement. In addition to |
| 12 | | any other applicable
condition of probation or conditional |
| 13 | | discharge, the conditions of home
confinement shall be that |
| 14 | | the minor:
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| 15 | | (i) remain within the interior premises of the |
| 16 | | place designated for his
or her confinement during the |
| 17 | | hours designated by the court;
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| 18 | | (ii) admit any person or agent designated by the |
| 19 | | court into the minor's
place of confinement at any time |
| 20 | | for purposes of verifying the minor's
compliance with |
| 21 | | the conditions of his or her confinement; and
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| 22 | | (iii) use an approved electronic monitoring device |
| 23 | | if ordered by the
court subject to Article 8A of |
| 24 | | Chapter V of the Unified Code of Corrections;
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| 25 | | (r) refrain from entering into a designated geographic |
| 26 | | area except upon
terms as the court finds appropriate. The |
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| 1 | | terms may include consideration of
the purpose of the |
| 2 | | entry, the time of day, other persons accompanying the
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| 3 | | minor, and advance approval by a probation officer, if the |
| 4 | | minor has been
placed on probation, or advance approval by |
| 5 | | the court, if the minor has been
placed on conditional |
| 6 | | discharge;
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| 7 | | (s) refrain from having any contact, directly or |
| 8 | | indirectly, with certain
specified persons or particular |
| 9 | | types of persons, including but not limited to
members of |
| 10 | | street gangs and drug users or dealers;
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| 11 | | (s-5) undergo a medical or other procedure to have a |
| 12 | | tattoo symbolizing
allegiance to a street
gang removed from |
| 13 | | his or her body;
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| 14 | | (t) refrain from having in his or her body the presence |
| 15 | | of any illicit
drug
prohibited by the Cannabis Control Act, |
| 16 | | the Illinois Controlled Substances
Act, or the |
| 17 | | Methamphetamine Control and Community Protection Act, |
| 18 | | unless prescribed
by a physician, and shall submit samples |
| 19 | | of his or her blood or urine or both
for tests to determine |
| 20 | | the presence of any illicit drug; or
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| 21 | | (u) comply with other conditions as may be ordered by |
| 22 | | the court.
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| 23 | | (3) The court may as a condition of probation or of |
| 24 | | conditional discharge
require that a minor found guilty on any |
| 25 | | alcohol, cannabis, methamphetamine, or
controlled substance |
| 26 | | violation, refrain from acquiring a driver's license
during the |
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| 1 | | period of probation or conditional discharge. If the minor is |
| 2 | | in
possession of a permit or license, the court may require |
| 3 | | that the minor refrain
from driving or operating any motor |
| 4 | | vehicle during the period of probation or
conditional |
| 5 | | discharge, except as may be necessary in the course of the |
| 6 | | minor's
lawful
employment.
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| 7 | | (3.5) The court shall, as a condition of probation or of |
| 8 | | conditional
discharge,
require that a minor found to be guilty |
| 9 | | and placed on probation for reasons
that include a
violation of |
| 10 | | Section 3.02 or Section 3.03 of the Humane Care for Animals Act |
| 11 | | or
paragraph
(4) of subsection (a) of Section 21-1 of the
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| 12 | | Criminal Code of 2012 undergo medical or psychiatric treatment |
| 13 | | rendered by a
psychiatrist or psychological treatment rendered |
| 14 | | by a clinical psychologist.
The
condition may be in addition to |
| 15 | | any other condition.
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| 16 | | (3.10) The court shall order that a minor placed on |
| 17 | | probation or
conditional discharge for a sex offense as defined |
| 18 | | in the Sex Offender
Management Board Act undergo and |
| 19 | | successfully complete sex offender treatment.
The treatment |
| 20 | | shall be in conformance with the standards developed under
the |
| 21 | | Sex Offender Management Board Act and conducted by a treatment |
| 22 | | provider
approved by the Board. The treatment shall be at the |
| 23 | | expense of the person
evaluated based upon that person's |
| 24 | | ability to pay for the treatment.
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| 25 | | (4) A minor on probation or conditional discharge shall be |
| 26 | | given a
certificate setting forth the conditions upon which he |
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| 1 | | or she is being
released.
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| 2 | | (5) The court shall impose upon a minor placed on probation |
| 3 | | or conditional
discharge, as a condition of the probation or |
| 4 | | conditional discharge, a fee of
$50 for each month of probation |
| 5 | | or conditional discharge supervision ordered by
the court, |
| 6 | | unless after determining the inability of the minor placed on
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| 7 | | probation or conditional discharge to pay the fee, the court |
| 8 | | assesses a lesser
amount. The court may not impose the fee on a |
| 9 | | minor who is made a ward of the
State under this Act while the |
| 10 | | minor is in placement. The fee shall be
imposed only upon a |
| 11 | | minor who is actively supervised by the probation and court
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| 12 | | services department. The court may order the parent, guardian, |
| 13 | | or legal
custodian of the minor to pay some or all of the fee on |
| 14 | | the minor's behalf.
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| 15 | | (5.5) Jurisdiction over an offender may be transferred from |
| 16 | | the
sentencing court to the court of another circuit with the |
| 17 | | concurrence
of both courts. Further transfers or retransfers of |
| 18 | | jurisdiction are
also authorized in the same manner. The court |
| 19 | | to which jurisdiction has
been transferred shall have the same |
| 20 | | powers as the sentencing court.
The probation department within |
| 21 | | the circuit to which jurisdiction has
been transferred, or |
| 22 | | which has agreed to provide supervision, may
impose probation |
| 23 | | fees upon receiving the transferred offender, as
provided in |
| 24 | | subsection (i) of Section 5-6-3 of the Unified Code of |
| 25 | | Corrections. For all transfer cases, as defined in
Section 9b |
| 26 | | of the Probation and Probation Officers Act, the probation
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| 1 | | department from the original sentencing court shall retain all
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| 2 | | probation fees collected prior to the transfer. After the |
| 3 | | transfer, all
probation fees shall be paid to the probation |
| 4 | | department within the
circuit to which jurisdiction has been |
| 5 | | transferred. |
| 6 | | If the transfer case originated in another state and has |
| 7 | | been transferred under the Interstate Compact for Juveniles to |
| 8 | | the jurisdiction of an Illinois circuit court for supervision |
| 9 | | by an Illinois probation department, probation fees may be |
| 10 | | imposed only if permitted by the Interstate Commission for |
| 11 | | Juveniles. |
| 12 | | (6) The General Assembly finds that in order to protect the |
| 13 | | public, the
juvenile justice system must compel compliance with |
| 14 | | the conditions of probation
by responding to violations with |
| 15 | | swift, certain, and fair punishments and
intermediate |
| 16 | | sanctions. The Chief Judge of each circuit shall adopt a system
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| 17 | | of structured, intermediate sanctions for violations of the |
| 18 | | terms and
conditions of a sentence of supervision, probation or |
| 19 | | conditional discharge,
under this
Act.
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| 20 | | The court shall provide as a condition of a disposition of |
| 21 | | probation,
conditional discharge, or supervision, that the |
| 22 | | probation agency may invoke any
sanction from the list of |
| 23 | | intermediate sanctions adopted by the chief judge of
the |
| 24 | | circuit court for violations of the terms and conditions of the |
| 25 | | sentence of
probation, conditional discharge, or supervision, |
| 26 | | subject to the provisions of
Section 5-720 of this Act.
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