Bill Text: IL HB0487 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Juvenile Court Act of 1987. Provides that if a minor has previously been placed on probation for an offense that involves the use or possession of a firearm, the court may not place the minor on probation for any subsequent offense involving the use or possession of a firearm.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2019-01-08 - Session Sine Die [HB0487 Detail]
Download: Illinois-2017-HB0487-Introduced.html
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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. The juvenile court may terminate probation | |||||||||||||||||||
13 | or
conditional discharge and discharge the minor at any time if | |||||||||||||||||||
14 | warranted by the
conduct of the minor and the ends of justice; | |||||||||||||||||||
15 | provided, however, that the
period of probation for a minor who | |||||||||||||||||||
16 | is found to be guilty for an offense which
is first degree | |||||||||||||||||||
17 | murder shall be at
least 5 years.
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18 | (1.5) The period of probation for a minor who is found | |||||||||||||||||||
19 | guilty of aggravated criminal sexual assault, criminal sexual | |||||||||||||||||||
20 | assault, or aggravated battery with a firearm shall be at least | |||||||||||||||||||
21 | 36 months. The period of probation for a minor who is found to | |||||||||||||||||||
22 | be guilty of any other Class X felony shall be at least 24 | |||||||||||||||||||
23 | months. The period of probation for a Class 1 or Class 2 |
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1 | forcible felony shall be at least 18 months. Regardless of the | ||||||
2 | length of probation ordered by the court, for all offenses | ||||||
3 | under this paragraph (1.5), the court shall schedule hearings | ||||||
4 | to determine whether it is in the best interest of the minor | ||||||
5 | and public safety to terminate probation after the minimum | ||||||
6 | period of probation has been served. In such a hearing, there | ||||||
7 | shall be a rebuttable presumption that it is in the best | ||||||
8 | interest of the minor and public safety to terminate probation. | ||||||
9 | (2) The court may as a condition of probation or of | ||||||
10 | conditional discharge
require that the minor:
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11 | (a) not violate any criminal statute of any | ||||||
12 | jurisdiction;
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13 | (b) make a report to and appear in person before any | ||||||
14 | person or agency as
directed by the court;
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15 | (c) work or pursue a course of study or vocational | ||||||
16 | training;
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17 | (d) undergo medical or psychiatric treatment, rendered | ||||||
18 | by a psychiatrist
or
psychological treatment rendered by a | ||||||
19 | clinical psychologist or social work
services rendered by a | ||||||
20 | clinical social worker, or treatment for drug addiction
or | ||||||
21 | alcoholism;
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22 | (e) attend or reside in a facility established for the | ||||||
23 | instruction or
residence of persons on probation;
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24 | (f) support his or her dependents, if any;
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25 | (g) refrain from possessing a firearm or other | ||||||
26 | dangerous weapon, or an
automobile;
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1 | (h) permit the probation officer to visit him or her at | ||||||
2 | his or her home or
elsewhere;
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3 | (i) reside with his or her parents or in a foster home;
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4 | (j) attend school;
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5 | (j-5) with the consent of the superintendent
of the
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6 | facility,
attend an educational program at a facility other | ||||||
7 | than the school
in which the
offense was committed if he
or | ||||||
8 | she committed a crime of violence as
defined in
Section 2 | ||||||
9 | of the Crime Victims Compensation Act in a school, on the
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10 | real
property
comprising a school, or within 1,000 feet of | ||||||
11 | the real property comprising a
school;
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12 | (k) attend a non-residential program for youth;
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13 | (l) make restitution under the terms of subsection (4) | ||||||
14 | of Section 5-710;
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15 | (m) contribute to his or her own support at home or in | ||||||
16 | a foster home;
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17 | (n) perform some reasonable public or community | ||||||
18 | service;
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19 | (o) participate with community corrections programs | ||||||
20 | including unified
delinquency intervention services | ||||||
21 | administered by the Department of Human
Services
subject to | ||||||
22 | Section 5 of the Children and Family Services Act;
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23 | (p) pay costs;
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24 | (q) serve a term of home confinement. In addition to | ||||||
25 | any other applicable
condition of probation or conditional | ||||||
26 | discharge, the conditions of home
confinement shall be that |
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1 | the minor:
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2 | (i) remain within the interior premises of the | ||||||
3 | place designated for his
or her confinement during the | ||||||
4 | hours designated by the court;
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5 | (ii) admit any person or agent designated by the | ||||||
6 | court into the minor's
place of confinement at any time | ||||||
7 | for purposes of verifying the minor's
compliance with | ||||||
8 | the conditions of his or her confinement; and
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9 | (iii) use an approved electronic monitoring device | ||||||
10 | if ordered by the
court subject to Article 8A of | ||||||
11 | Chapter V of the Unified Code of Corrections;
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12 | (r) refrain from entering into a designated geographic | ||||||
13 | area except upon
terms as the court finds appropriate. The | ||||||
14 | terms may include consideration of
the purpose of the | ||||||
15 | entry, the time of day, other persons accompanying the
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16 | minor, and advance approval by a probation officer, if the | ||||||
17 | minor has been
placed on probation, or advance approval by | ||||||
18 | the court, if the minor has been
placed on conditional | ||||||
19 | discharge;
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20 | (s) refrain from having any contact, directly or | ||||||
21 | indirectly, with certain
specified persons or particular | ||||||
22 | types of persons, including but not limited to
members of | ||||||
23 | street gangs and drug users or dealers;
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24 | (s-5) undergo a medical or other procedure to have a | ||||||
25 | tattoo symbolizing
allegiance to a street
gang removed from | ||||||
26 | his or her body;
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1 | (t) refrain from having in his or her body the presence | ||||||
2 | of any illicit
drug
prohibited by the Cannabis Control Act, | ||||||
3 | the Illinois Controlled Substances
Act, or the | ||||||
4 | Methamphetamine Control and Community Protection Act, | ||||||
5 | unless prescribed
by a physician, and shall submit samples | ||||||
6 | of his or her blood or urine or both
for tests to determine | ||||||
7 | the presence of any illicit drug; or
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8 | (u) comply with other conditions as may be ordered by | ||||||
9 | the court.
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10 | (3) The court may as a condition of probation or of | ||||||
11 | conditional discharge
require that a minor found guilty on any | ||||||
12 | alcohol, cannabis, methamphetamine, or
controlled substance | ||||||
13 | violation, refrain from acquiring a driver's license
during the | ||||||
14 | period of probation or conditional discharge. If the minor is | ||||||
15 | in
possession of a permit or license, the court may require | ||||||
16 | that the minor refrain
from driving or operating any motor | ||||||
17 | vehicle during the period of probation or
conditional | ||||||
18 | discharge, except as may be necessary in the course of the | ||||||
19 | minor's
lawful
employment.
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20 | (3.5) The court shall, as a condition of probation or of | ||||||
21 | conditional
discharge,
require that a minor found to be guilty | ||||||
22 | and placed on probation for reasons
that include a
violation of | ||||||
23 | Section 3.02 or Section 3.03 of the Humane Care for Animals Act | ||||||
24 | or
paragraph
(4) of subsection (a) of Section 21-1 of the
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25 | Criminal Code of 2012 undergo medical or psychiatric treatment | ||||||
26 | rendered by a
psychiatrist or psychological treatment rendered |
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1 | by a clinical psychologist.
The
condition may be in addition to | ||||||
2 | any other condition.
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3 | (3.10) The court shall order that a minor placed on | ||||||
4 | probation or
conditional discharge for a sex offense as defined | ||||||
5 | in the Sex Offender
Management Board Act undergo and | ||||||
6 | successfully complete sex offender treatment.
The treatment | ||||||
7 | shall be in conformance with the standards developed under
the | ||||||
8 | Sex Offender Management Board Act and conducted by a treatment | ||||||
9 | provider
approved by the Board. The treatment shall be at the | ||||||
10 | expense of the person
evaluated based upon that person's | ||||||
11 | ability to pay for the treatment.
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12 | (4) A minor on probation or conditional discharge shall be | ||||||
13 | given a
certificate setting forth the conditions upon which he | ||||||
14 | or she is being
released.
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15 | (5) The court shall impose upon a minor placed on probation | ||||||
16 | or conditional
discharge, as a condition of the probation or | ||||||
17 | conditional discharge, a fee of
$50 for each month of probation | ||||||
18 | or conditional discharge supervision ordered by
the court, | ||||||
19 | unless after determining the inability of the minor placed on
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20 | probation or conditional discharge to pay the fee, the court | ||||||
21 | assesses a lesser
amount. The court may not impose the fee on a | ||||||
22 | minor who is made a ward of the
State under this Act while the | ||||||
23 | minor is in placement. The fee shall be
imposed only upon a | ||||||
24 | minor who is actively supervised by the probation and court
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25 | services department. The court may order the parent, guardian, | ||||||
26 | or legal
custodian of the minor to pay some or all of the fee on |
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1 | the minor's behalf.
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2 | (5.5) Jurisdiction over an offender may be transferred from | ||||||
3 | the
sentencing court to the court of another circuit with the | ||||||
4 | concurrence
of both courts. Further transfers or retransfers of | ||||||
5 | jurisdiction are
also authorized in the same manner. The court | ||||||
6 | to which jurisdiction has
been transferred shall have the same | ||||||
7 | powers as the sentencing court.
The probation department within | ||||||
8 | the circuit to which jurisdiction has
been transferred, or | ||||||
9 | which has agreed to provide supervision, may
impose probation | ||||||
10 | fees upon receiving the transferred offender, as
provided in | ||||||
11 | subsection (i) of Section 5-6-3 of the Unified Code of | ||||||
12 | Corrections. For all transfer cases, as defined in
Section 9b | ||||||
13 | of the Probation and Probation Officers Act, the probation
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14 | department from the original sentencing court shall retain all
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15 | probation fees collected prior to the transfer. After the | ||||||
16 | transfer, all
probation fees shall be paid to the probation | ||||||
17 | department within the
circuit to which jurisdiction has been | ||||||
18 | transferred. | ||||||
19 | If the transfer case originated in another state and has | ||||||
20 | been transferred under the Interstate Compact for Juveniles to | ||||||
21 | the jurisdiction of an Illinois circuit court for supervision | ||||||
22 | by an Illinois probation department, probation fees may be | ||||||
23 | imposed only if permitted by the Interstate Commission for | ||||||
24 | Juveniles. | ||||||
25 | (6) The General Assembly finds that in order to protect the | ||||||
26 | public, the
juvenile justice system must compel compliance with |
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1 | the conditions of probation
by responding to violations with | ||||||
2 | swift, certain, and fair punishments and
intermediate | ||||||
3 | sanctions. The Chief Judge of each circuit shall adopt a system
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4 | of structured, intermediate sanctions for violations of the | ||||||
5 | terms and
conditions of a sentence of supervision, probation or | ||||||
6 | conditional discharge,
under this
Act.
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7 | The court shall provide as a condition of a disposition of | ||||||
8 | probation,
conditional discharge, or supervision, that the | ||||||
9 | probation agency may invoke any
sanction from the list of | ||||||
10 | intermediate sanctions adopted by the chief judge of
the | ||||||
11 | circuit court for violations of the terms and conditions of the | ||||||
12 | sentence of
probation, conditional discharge, or supervision, | ||||||
13 | subject to the provisions of
Section 5-720 of this Act.
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14 | (7) If a minor has previously been placed on probation for | ||||||
15 | an offense that involves the use or possession of a firearm, | ||||||
16 | the court may not place the minor on probation for any | ||||||
17 | subsequent offense involving the use or possession of a | ||||||
18 | firearm. | ||||||
19 | (Source: P.A. 98-575, eff. 1-1-14; 99-879, eff. 1-1-17 .)
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