Bill Text: IL HB0990 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Juvenile Court Act of 1987. Provides that if the minor (1) has previously been placed on probation for an offense that involves the possession or discharge of a firearm not causing any injury; and (2) is convicted of a subsequent offense involving the possession or discharge of a firearm not causing any injury, then the court shall require the minor to participate in social service programs offered through juvenile probation and comply with referral recommendations for no less than 3 months. Provides that if the minor does not complete the referral recommendations, the court shall commit the minor to the Department of Juvenile Justice to complete the recommended services. Provides that a minor convicted of a subsequent offense involving the use of a firearm causing serious injury, great bodily harm, or death shall be committed to the Department of Juvenile Justice with the Department providing services, including, but not limited to, education, mental health services, drug treatment, and mentoring.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB0990 Detail]

Download: Illinois-2023-HB0990-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0990 Introduced , by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-715
705 ILCS 405/5-750
Amends the Juvenile Court Act of 1987. Provides that if the minor (1) has previously been placed on probation for an offense that involves the possession or discharge of a firearm not causing any injury; and (2) is convicted of a subsequent offense involving the possession or discharge of a firearm not causing any injury, then the court shall require the minor to participate in social service programs offered through juvenile probation and comply with referral recommendations for no less than 3 months. Provides that if the minor does not complete the referral recommendations, the court shall commit the minor to the Department of Juvenile Justice to complete the recommended services. Provides that a minor convicted of a subsequent offense involving the use of a firearm causing serious injury, great bodily harm, or death shall be committed to the Department of Juvenile Justice with the Department providing services, including, but not limited to, education, mental health services, drug treatment, and mentoring.
LRB103 00095 RLC 45095 b
A BILL FOR
HB0990 LRB103 00095 RLC 45095 b
AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Sections 5-715 and 5-750 as follows:
(705 ILCS 405/5-715)
Sec. 5-715. Probation.
(1) The period of probation or conditional discharge shall
not exceed 5 years or until the minor has attained the age of
21 years, whichever is less, except as provided in this
Section for a minor who is found to be guilty for an offense
which is first degree murder. The juvenile court may terminate
probation or conditional discharge and discharge the minor at
any time if warranted by the conduct of the minor and the ends
of justice; provided, however, that the period of probation
for a minor who is found to be guilty for an offense which is
first degree murder shall be at least 5 years.
(1.5) The period of probation for a minor who is found
guilty of aggravated criminal sexual assault, criminal sexual
assault, or aggravated battery with a firearm shall be at
least 36 months. The period of probation for a minor who is
found to be guilty of any other Class X felony shall be at
least 24 months. The period of probation for a Class 1 or Class

HB0990 - 2 - LRB103 00095 RLC 45095 b
2 forcible felony shall be at least 18 months. Regardless of
the length of probation ordered by the court, for all offenses
under this paragraph (1.5), the court shall schedule hearings
to determine whether it is in the best interest of the minor
and public safety to terminate probation after the minimum
period of probation has been served. In such a hearing, there
shall be a rebuttable presumption that it is in the best
interest of the minor and public safety to terminate
probation.
(2) The court may as a condition of probation or of
conditional discharge require that the minor:
(a) not violate any criminal statute of any
jurisdiction;
(b) make a report to and appear in person before any
person or agency as directed by the court;
(c) work or pursue a course of study or vocational
training;
(d) undergo medical or psychiatric treatment, rendered
by a psychiatrist or psychological treatment rendered by a
clinical psychologist or social work services rendered by
a clinical social worker, or treatment for drug addiction
or alcoholism;
(e) attend or reside in a facility established for the
instruction or residence of persons on probation;
(f) support his or her dependents, if any;
(g) refrain from possessing a firearm or other

HB0990 - 3 - LRB103 00095 RLC 45095 b
dangerous weapon, or an automobile;
(h) permit the probation officer to visit him or her
at his or her home or elsewhere;
(i) reside with his or her parents or in a foster home;
(j) attend school;
(j-5) with the consent of the superintendent of the
facility, attend an educational program at a facility
other than the school in which the offense was committed
if he or she committed a crime of violence as defined in
Section 2 of the Crime Victims Compensation Act in a
school, on the real property comprising a school, or
within 1,000 feet of the real property comprising a
school;
(k) attend a non-residential program for youth;
(l) make restitution under the terms of subsection (4)
of Section 5-710;
(m) contribute to his or her own support at home or in
a foster home;
(n) perform some reasonable public or community
service;
(o) participate with community corrections programs
including unified delinquency intervention services
administered by the Department of Human Services subject
to Section 5 of the Children and Family Services Act;
(p) pay costs;
(q) serve a term of home confinement. In addition to

HB0990 - 4 - LRB103 00095 RLC 45095 b
any other applicable condition of probation or conditional
discharge, the conditions of home confinement shall be
that the minor:
(i) remain within the interior premises of the
place designated for his or her confinement during the
hours designated by the court;
(ii) admit any person or agent designated by the
court into the minor's place of confinement at any
time for purposes of verifying the minor's compliance
with the conditions of his or her confinement; and
(iii) use an approved electronic monitoring device
if ordered by the court subject to Article 8A of
Chapter V of the Unified Code of Corrections;
(r) refrain from entering into a designated geographic
area except upon terms as the court finds appropriate. The
terms may include consideration of the purpose of the
entry, the time of day, other persons accompanying the
minor, and advance approval by a probation officer, if the
minor has been placed on probation, or advance approval by
the court, if the minor has been placed on conditional
discharge;
(s) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(s-5) undergo a medical or other procedure to have a

HB0990 - 5 - LRB103 00095 RLC 45095 b
tattoo symbolizing allegiance to a street gang removed
from his or her body;
(t) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or
the Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and shall submit samples
of his or her blood or urine or both for tests to determine
the presence of any illicit drug; or
(u) comply with other conditions as may be ordered by
the court.
(3) The court may as a condition of probation or of
conditional discharge require that a minor found guilty on any
alcohol, cannabis, methamphetamine, or controlled substance
violation, refrain from acquiring a driver's license during
the period of probation or conditional discharge. If the minor
is in possession of a permit or license, the court may require
that the minor refrain from driving or operating any motor
vehicle during the period of probation or conditional
discharge, except as may be necessary in the course of the
minor's lawful employment.
(3.5) The court shall, as a condition of probation or of
conditional discharge, require that a minor found to be guilty
and placed on probation for reasons that include a violation
of Section 3.02 or Section 3.03 of the Humane Care for Animals
Act or paragraph (4) of subsection (a) of Section 21-1 of the

HB0990 - 6 - LRB103 00095 RLC 45095 b
Criminal Code of 2012 undergo medical or psychiatric treatment
rendered by a psychiatrist or psychological treatment rendered
by a clinical psychologist. The condition may be in addition
to any other condition.
(3.10) The court shall order that a minor placed on
probation or conditional discharge for a sex offense as
defined in the Sex Offender Management Board Act undergo and
successfully complete sex offender treatment. The treatment
shall be in conformance with the standards developed under the
Sex Offender Management Board Act and conducted by a treatment
provider approved by the Board. The treatment shall be at the
expense of the person evaluated based upon that person's
ability to pay for the treatment.
(4) A minor on probation or conditional discharge shall be
given a certificate setting forth the conditions upon which he
or she is being released.
(5) The court shall impose upon a minor placed on
probation or conditional discharge, as a condition of the
probation or conditional discharge, a fee of $50 for each
month of probation or conditional discharge supervision
ordered by the court, unless after determining the inability
of the minor placed on probation or conditional discharge to
pay the fee, the court assesses a lesser amount. The court may
not impose the fee on a minor who is placed in the guardianship
or custody of the Department of Children and Family Services
under this Act while the minor is in placement. The fee shall

HB0990 - 7 - LRB103 00095 RLC 45095 b
be imposed only upon a minor who is actively supervised by the
probation and court services department. The court may order
the parent, guardian, or legal custodian of the minor to pay
some or all of the fee on the minor's behalf.
(5.5) Jurisdiction over an offender may be transferred
from the sentencing court to the court of another circuit with
the concurrence of both courts. Further transfers or
retransfers of jurisdiction are also authorized in the same
manner. The court to which jurisdiction has been transferred
shall have the same powers as the sentencing court. The
probation department within the circuit to which jurisdiction
has been transferred, or which has agreed to provide
supervision, may impose probation fees upon receiving the
transferred offender, as provided in subsection (i) of Section
5-6-3 of the Unified Code of Corrections. For all transfer
cases, as defined in Section 9b of the Probation and Probation
Officers Act, the probation department from the original
sentencing court shall retain all probation fees collected
prior to the transfer. After the transfer, all probation fees
shall be paid to the probation department within the circuit
to which jurisdiction has been transferred.
If the transfer case originated in another state and has
been transferred under the Interstate Compact for Juveniles to
the jurisdiction of an Illinois circuit court for supervision
by an Illinois probation department, probation fees may be
imposed only if permitted by the Interstate Commission for

HB0990 - 8 - LRB103 00095 RLC 45095 b
Juveniles.
(6) The General Assembly finds that in order to protect
the public, the juvenile justice system must compel compliance
with the conditions of probation by responding to violations
with swift, certain, and fair punishments and intermediate
sanctions. The Chief Judge of each circuit shall adopt a
system of structured, intermediate sanctions for violations of
the terms and conditions of a sentence of supervision,
probation or conditional discharge, under this Act.
The court shall provide as a condition of a disposition of
probation, conditional discharge, or supervision, that the
probation agency may invoke any sanction from the list of
intermediate sanctions adopted by the chief judge of the
circuit court for violations of the terms and conditions of
the sentence of probation, conditional discharge, or
supervision, subject to the provisions of Section 5-720 of
this Act.
(7) The court shall require a minor to participate in
social service programs offered through juvenile probation and
comply with referral recommendations for no less than 3 months
if the minor:
(i) has previously been placed on probation for an
offense that involves the possession or discharge of a
firearm not causing any injury; and
(ii) is convicted of a subsequent offense involving
the possession or discharge of a firearm not causing any

HB0990 - 9 - LRB103 00095 RLC 45095 b
injury.
If the minor does not complete the referral
recommendations, the court shall commit the minor to the
Department of Juvenile Justice to complete the recommended
services.
(Source: P.A. 99-879, eff. 1-1-17; 100-159, eff. 8-18-17.)
(705 ILCS 405/5-750)
Sec. 5-750. Commitment to the Department of Juvenile
Justice.
(1) Except as provided in subsection (2) of this Section,
when any delinquent has been adjudged a ward of the court under
this Act, the court may commit him or her to the Department of
Juvenile Justice, if it finds that (a) his or her parents,
guardian or legal custodian are unfit or are unable, for some
reason other than financial circumstances alone, to care for,
protect, train or discipline the minor, or are unwilling to do
so, and the best interests of the minor and the public will not
be served by placement under Section 5-740, or it is necessary
to ensure the protection of the public from the consequences
of criminal activity of the delinquent; and (b) commitment to
the Department of Juvenile Justice is the least restrictive
alternative based on evidence that efforts were made to locate
less restrictive alternatives to secure confinement and the
reasons why efforts were unsuccessful in locating a less
restrictive alternative to secure confinement. Before the

HB0990 - 10 - LRB103 00095 RLC 45095 b
court commits a minor to the Department of Juvenile Justice,
it shall make a finding that secure confinement is necessary,
following a review of the following individualized factors:
(A) Age of the minor.
(B) Criminal background of the minor.
(C) Review of results of any assessments of the minor,
including child centered assessments such as the CANS.
(D) Educational background of the minor, indicating
whether the minor has ever been assessed for a learning
disability, and if so what services were provided as well
as any disciplinary incidents at school.
(E) Physical, mental and emotional health of the
minor, indicating whether the minor has ever been
diagnosed with a health issue and if so what services were
provided and whether the minor was compliant with
services.
(F) Community based services that have been provided
to the minor, and whether the minor was compliant with the
services, and the reason the services were unsuccessful.
(G) Services within the Department of Juvenile Justice
that will meet the individualized needs of the minor.
(1.5) Before the court commits a minor to the Department
of Juvenile Justice, the court must find reasonable efforts
have been made to prevent or eliminate the need for the minor
to be removed from the home, or reasonable efforts cannot, at
this time, for good cause, prevent or eliminate the need for

HB0990 - 11 - LRB103 00095 RLC 45095 b
removal, and removal from home is in the best interests of the
minor, the minor's family, and the public.
(2) When a minor of the age of at least 13 years is
adjudged delinquent for the offense of first degree murder,
the court shall declare the minor a ward of the court and order
the minor committed to the Department of Juvenile Justice
until the minor's 21st birthday, without the possibility of
aftercare release, furlough, or non-emergency authorized
absence for a period of 5 years from the date the minor was
committed to the Department of Juvenile Justice, except that
the time that a minor spent in custody for the instant offense
before being committed to the Department of Juvenile Justice
shall be considered as time credited towards that 5 year
period. Upon release from a Department facility, a minor
adjudged delinquent for first degree murder shall be placed on
aftercare release until the age of 21, unless sooner
discharged from aftercare release or custodianship is
otherwise terminated in accordance with this Act or as
otherwise provided for by law. Nothing in this subsection (2)
shall preclude the State's Attorney from seeking to prosecute
a minor as an adult as an alternative to proceeding under this
Act.
(2.5) A minor convicted of a subsequent offense involving
the use or possession of a firearm causing serious injury,
great bodily harm, or death shall be confined to the
Department of Juvenile Justice with the Department providing

HB0990 - 12 - LRB103 00095 RLC 45095 b
services, including, but not limited to, education, mental
health services, drug treatment, and mentoring.
(3) Except as provided in subsections subsection (2) and
(2.5), the commitment of a delinquent to the Department of
Juvenile Justice shall be for an indeterminate term which
shall automatically terminate upon the delinquent attaining
the age of 21 years or upon completion of that period for which
an adult could be committed for the same act, whichever occurs
sooner, unless the delinquent is sooner discharged from
aftercare release or custodianship is otherwise terminated in
accordance with this Act or as otherwise provided for by law.
(3.5) Every delinquent minor committed to the Department
of Juvenile Justice under this Act shall be eligible for
aftercare release without regard to the length of time the
minor has been confined or whether the minor has served any
minimum term imposed. Aftercare release shall be administered
by the Department of Juvenile Justice, under the direction of
the Director. Unless sooner discharged, the Department of
Juvenile Justice shall discharge a minor from aftercare
release upon completion of the following aftercare release
terms:
(a) One and a half years from the date a minor is
released from a Department facility, if the minor was
committed for a Class X felony;
(b) One year from the date a minor is released from a
Department facility, if the minor was committed for a

HB0990 - 13 - LRB103 00095 RLC 45095 b
Class 1 or 2 felony; and
(c) Six months from the date a minor is released from a
Department facility, if the minor was committed for a
Class 3 felony or lesser offense.
(4) When the court commits a minor to the Department of
Juvenile Justice, it shall order him or her conveyed forthwith
to the appropriate reception station or other place designated
by the Department of Juvenile Justice, and shall appoint the
Director of Juvenile Justice legal custodian of the minor. The
clerk of the court shall issue to the Director of Juvenile
Justice a certified copy of the order, which constitutes proof
of the Director's authority. No other process need issue to
warrant the keeping of the minor.
(5) If a minor is committed to the Department of Juvenile
Justice, the clerk of the court shall forward to the
Department:
(a) the sentencing order and copies of committing
petition;
(b) all reports;
(c) the court's statement of the basis for ordering
the disposition;
(d) any sex offender evaluations;
(e) any risk assessment or substance abuse treatment
eligibility screening and assessment of the minor by an
agent designated by the State to provide assessment
services for the courts;

HB0990 - 14 - LRB103 00095 RLC 45095 b
(f) the number of days, if any, which the minor has
been in custody and for which he or she is entitled to
credit against the sentence, which information shall be
provided to the clerk by the sheriff;
(g) any medical or mental health records or summaries
of the minor;
(h) the municipality where the arrest of the minor
occurred, the commission of the offense occurred, and the
minor resided at the time of commission;
(h-5) a report detailing the minor's criminal history
in a manner and form prescribed by the Department of
Juvenile Justice;
(i) all additional matters which the court directs the
clerk to transmit; and
(j) all police reports for sex offenses as defined by
the Sex Offender Management Board Act.
(6) Whenever the Department of Juvenile Justice lawfully
discharges from its custody and control a minor committed to
it, the Director of Juvenile Justice shall petition the court
for an order terminating his or her custodianship. The
custodianship shall terminate automatically 30 days after
receipt of the petition unless the court orders otherwise.
(7) If, while on aftercare release, a minor committed to
the Department of Juvenile Justice who resides in this State
is charged under the criminal laws of this State, the criminal
laws of any other state, or federal law with an offense that

HB0990 - 15 - LRB103 00095 RLC 45095 b
could result in a sentence of imprisonment within the
Department of Corrections, the penal system of any state, or
the federal Bureau of Prisons, the commitment to the
Department of Juvenile Justice and all rights and duties
created by that commitment are automatically suspended pending
final disposition of the criminal charge. If the minor is
found guilty of the criminal charge and sentenced to a term of
imprisonment in the penitentiary system of the Department of
Corrections, the penal system of any state, or the federal
Bureau of Prisons, the commitment to the Department of
Juvenile Justice shall be automatically terminated. If the
criminal charge is dismissed, the minor is found not guilty,
or the minor completes a criminal sentence other than
imprisonment within the Department of Corrections, the penal
system of any state, or the federal Bureau of Prisons, the
previously imposed commitment to the Department of Juvenile
Justice and the full aftercare release term shall be
automatically reinstated unless custodianship is sooner
terminated. Nothing in this subsection (7) shall preclude the
court from ordering another sentence under Section 5-710 of
this Act or from terminating the Department's custodianship
while the commitment to the Department is suspended.
(Source: P.A. 101-159, eff. 1-1-20; 102-350, eff. 8-13-21.)