Illinois-2023-HB2454-Introduced

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2454

Introduced , by Rep. Lakesia Collins

SYNOPSIS AS INTRODUCED:

`105 ILCS 5/13-44.4`	`from Ch. 122, par. 13-44.4`
`705 ILCS 405/5-710`
`730 ILCS 5/3-2.5-100`

Amends the School Code. Deletes provision that beginning in 1972, the

Board of Education shall, by 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. Deletes that 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. Deletes that 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. 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. Amends the Unified Code of Corrections. Provides that, upon the discharge of a youth, the Department of Juvenile Justice may continue to provide services to the youth for up to 12 months to allow the youth to participate in vocational, rehabilitative, or supportive programs. Provides that the continuance of services may be requested by the youth, the youth's parent or guardian, or the Director of Juvenile Justice. Effective immediately.

LRB103 05666 RLC 56377 b

A BILL FOR

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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The School Code is amended by changing Section

5 13-44.4 as follows:

6 (105 ILCS 5/13-44.4) (from Ch. 122, par. 13-44.4)

7 Sec. 13-44.4. Department of Corrections Reimbursement and

8 Education Fund; budget. All moneys received from the Common

9 School Fund, federal aid and grants, vocational and

10 educational funds and grants, and gifts and grants by

11 individuals, foundations and corporations for educational

12 purposes shall be deposited into the Department of Corrections

13 Reimbursement and Education Fund in the State Treasury. Moneys

14 in the Department of Corrections Reimbursement and Education

15 Fund may be used, subject to appropriation, to pay the expense

16 of the schools and school district of the Department of

17 Corrections together with and supplemental to regular

18 appropriations to the Department for educational purposes,

19 including, but not limited to, the cost of teacher salaries,

20 supplies and materials, building upkeep and costs,

21 transportation, scholarships, non-academic salaries,

22 equipment and other school costs.

23 ~~Beginning in 1972, the Board of Education shall, by~~

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1 ~~November 15, adopt an annual budget for the use of education~~

2 ~~moneys for the next school year which it deems necessary to~~

3 ~~defray all necessary expenses and liabilities of the district,~~

4 ~~and in such annual budget shall specify the objects and~~

5 ~~purposes of each item and the amount needed for each object or~~

6 ~~purpose. The budget shall contain a statement of cash on hand~~

7 ~~at the beginning of the fiscal year, an estimate of the cash~~

8 ~~expected to be received during such fiscal year from all~~

9 ~~sources, an estimate of the expenditure contemplated for such~~

10 ~~fiscal year, and a statement of the estimated cash expected to~~

11 ~~be on hand at the end of such year. Prior to the adoption of~~

12 ~~the annual educational budget, this budget shall be submitted~~

13 ~~to the Department of Corrections and the State Board of~~

14 ~~Education for incorporation.~~

15 (Source: P.A. 90-9, eff. 7-1-97; 90-587, eff. 7-1-98.)

16 Section 10. The Juvenile Court Act of 1987 is amended by

17 changing Section 5-710 as follows:

18 (705 ILCS 405/5-710)

19 Sec. 5-710. Kinds of sentencing orders.

20 (1) The following kinds of sentencing orders may be made

21 in respect of wards of the court:

22 (a) Except as provided in Sections 5-805, 5-810, and

23 5-815, a minor who is found guilty under Section 5-620 may

24 be:

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1 (i) put on probation or conditional discharge and

2 released to his or her parents, guardian or legal

3 custodian, provided, however, that any such minor who

4 is not committed to the Department of Juvenile Justice

5 under this subsection and who is found to be a

6 delinquent for an offense which is first degree

7 murder, a Class X felony, or a forcible felony shall be

8 placed on probation;

9 (ii) placed in accordance with Section 5-740, with

10 or without also being put on probation or conditional

11 discharge;

12 (iii) required to undergo a substance abuse

13 assessment conducted by a licensed provider and

14 participate in the indicated clinical level of care;

15 (iv) on and after January 1, 2015 (the effective

16 date of Public Act 98-803) and before January 1, 2017,

17 placed in the guardianship of the Department of

18 Children and Family Services, but only if the

19 delinquent minor is under 16 years of age or, pursuant

20 to Article II of this Act, a minor under the age of 18

21 for whom an independent basis of abuse, neglect, or

22 dependency exists. On and after January 1, 2017,

23 placed in the guardianship of the Department of

24 Children and Family Services, but only if the

25 delinquent minor is under 15 years of age or, pursuant

26 to Article II of this Act, a minor for whom an

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1 independent basis of abuse, neglect, or dependency

2 exists. An independent basis exists when the

3 allegations or adjudication of abuse, neglect, or

4 dependency do not arise from the same facts, incident,

5 or circumstances which give rise to a charge or

6 adjudication of delinquency;

7 (v) placed in detention for a period not to exceed

8 30 days, either as the exclusive order of disposition

9 or, where appropriate, in conjunction with any other

10 order of disposition issued under this paragraph,

11 provided that any such detention shall be in a

12 juvenile detention home and the minor so detained

13 shall be 10 years of age or older. However, the 30-day

14 limitation may be extended by further order of the

15 court for a minor under age 15 committed to the

16 Department of Children and Family Services if the

17 court finds that the minor is a danger to himself or

18 others. The minor shall be given credit on the

19 sentencing order of detention for time spent in

20 detention under Sections 5-501, 5-601, 5-710, or 5-720

21 of this Article as a result of the offense for which

22 the sentencing order was imposed. The court may grant

23 credit on a sentencing order of detention entered

24 under a violation of probation or violation of

25 conditional discharge under Section 5-720 of this

26 Article for time spent in detention before the filing

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1 of the petition alleging the violation. A minor shall

2 not be deprived of credit for time spent in detention

3 before the filing of a violation of probation or

4 conditional discharge alleging the same or related act

5 or acts. The limitation that the minor shall only be

6 placed in a juvenile detention home does not apply as

7 follows:

8 Persons 18 years of age and older who have a

9 petition of delinquency filed against them may be

10 confined in an adult detention facility. In making a

11 determination whether to confine a person 18 years of

12 age or older who has a petition of delinquency filed

13 against the person, these factors, among other

14 matters, shall be considered:

15 (A) the age of the person;

16 (B) any previous delinquent or criminal

17 history of the person;

18 (C) any previous abuse or neglect history of

19 the person;

20 (D) any mental health history of the person;

21 and

22 (E) any educational history of the person;

23 (vi) ordered partially or completely emancipated

24 in accordance with the provisions of the Emancipation

25 of Minors Act;

26 (vii) subject to having his or her driver's

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1 license or driving privileges suspended for such time

2 as determined by the court but only until he or she

3 attains 18 years of age;

4 (viii) put on probation or conditional discharge

5 and placed in detention under Section 3-6039 of the

6 Counties Code for a period not to exceed the period of

7 incarceration permitted by law for adults found guilty

8 of the same offense or offenses for which the minor was

9 adjudicated delinquent, and in any event no longer

10 than upon attainment of age 21; this subdivision

11 (viii) notwithstanding any contrary provision of the

12 law;

13 (ix) ordered to undergo a medical or other

14 procedure to have a tattoo symbolizing allegiance to a

15 street gang removed from his or her body; or

16 (x) placed in electronic monitoring or home

17 detention under Part 7A of this Article.

18 (b) A minor found to be guilty may be committed to the

19 Department of Juvenile Justice under Section 5-750 if the

20 minor is at least 13 years and under 20 years of age,

21 provided that the commitment to the Department of Juvenile

22 Justice shall be made only if the minor was found guilty of

23 a felony offense or first degree murder. The court shall

24 include in the sentencing order any pre-custody credits

25 the minor is entitled to under Section 5-4.5-100 of the

26 Unified Code of Corrections. The time during which a minor

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1 is in custody before being released upon the request of a

2 parent, guardian or legal custodian shall also be

3 considered as time spent in custody.

4 (c) When a minor is found to be guilty for an offense

5 which is a violation of the Illinois Controlled Substances

6 Act, the Cannabis Control Act, or the Methamphetamine

7 Control and Community Protection Act and made a ward of

8 the court, the court may enter a disposition order

9 requiring the minor to undergo assessment, counseling or

10 treatment in a substance use disorder treatment program

11 approved by the Department of Human Services.

12 (2) Any sentencing order other than commitment to the

13 Department of Juvenile Justice may provide for protective

14 supervision under Section 5-725 and may include an order of

15 protection under Section 5-730.

16 (3) Unless the sentencing order expressly so provides, it

17 does not operate to close proceedings on the pending petition,

18 but is subject to modification until final closing and

19 discharge of the proceedings under Section 5-750.

20 (4) In addition to any other sentence, the court may order

21 any minor found to be delinquent to make restitution, in

22 monetary or non-monetary form, under the terms and conditions

23 of Section 5-5-6 of the Unified Code of Corrections, except

24 that the "presentencing hearing" referred to in that Section

25 shall be the sentencing hearing for purposes of this Section.

26 The parent, guardian or legal custodian of the minor may be

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1 ordered by the court to pay some or all of the restitution on

2 the minor's behalf, pursuant to the Parental Responsibility

3 Law. The State's Attorney is authorized to act on behalf of any

4 victim in seeking restitution in proceedings under this

5 Section, up to the maximum amount allowed in Section 5 of the

6 Parental Responsibility Law.

7 (5) Any sentencing order where the minor is committed or

8 placed in accordance with Section 5-740 shall provide for the

9 parents or guardian of the estate of the minor to pay to the

10 legal custodian or guardian of the person of the minor such

11 sums as are determined by the custodian or guardian of the

12 person of the minor as necessary for the minor's needs. The

13 payments may not exceed the maximum amounts provided for by

14 Section 9.1 of the Children and Family Services Act.

15 (6) Whenever the sentencing order requires the minor to

16 attend school or participate in a program of training, the

17 truant officer or designated school official shall regularly

18 report to the court if the minor is a chronic or habitual

19 truant under Section 26-2a of the School Code. Notwithstanding

20 any other provision of this Act, in instances in which

21 educational services are to be provided to a minor in a

22 residential facility where the minor has been placed by the

23 court, costs incurred in the provision of those educational

24 services must be allocated based on the requirements of the

25 School Code.

26 (7) In no event shall a guilty minor be committed to the

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1 Department of Juvenile Justice for a period of time in excess

2 of that period for which an adult could be committed for the

3 same act. The court shall include in the sentencing order a

4 limitation on the period of confinement not to exceed the

5 maximum period of imprisonment the court could impose under

6 Chapter V of the Unified Code of Corrections.

7 (7.5) In no event shall a guilty minor be committed to the

8 Department of Juvenile Justice or placed in detention when the

9 act for which the minor was adjudicated delinquent would not

10 be illegal if committed by an adult.

11 (7.6) In no event shall a guilty minor be committed to the

12 Department of Juvenile Justice for an offense which is a Class

13 4 felony under Section 19-4 (criminal trespass to a

14 residence), 21-1 (criminal damage to property), 21-1.01

15 (criminal damage to government supported property), 21-1.3

16 (criminal defacement of property), 26-1 (disorderly conduct),

17 or 31-4 (obstructing justice) of the Criminal Code of 2012.

18 (7.75) In no event shall a guilty minor be committed to the

19 Department of Juvenile Justice for an offense that is a Class 3

20 or Class 4 felony violation of the Illinois Controlled

21 Substances Act ~~unless the commitment occurs upon a third or~~

22 ~~subsequent judicial finding of a violation of probation for~~

23 ~~substantial noncompliance with court-ordered treatment or~~

24 ~~programming~~.

25 (8) A minor found to be guilty for reasons that include a

26 violation of Section 21-1.3 of the Criminal Code of 1961 or the

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1 Criminal Code of 2012 shall be ordered to perform community

2 service for not less than 30 and not more than 120 hours, if

3 community service is available in the jurisdiction. The

4 community service shall include, but need not be limited to,

5 the cleanup and repair of the damage that was caused by the

6 violation or similar damage to property located in the

7 municipality or county in which the violation occurred. The

8 order may be in addition to any other order authorized by this

9 Section.

10 (8.5) A minor found to be guilty for reasons that include a

11 violation of Section 3.02 or Section 3.03 of the Humane Care

12 for Animals Act or paragraph (d) of subsection (1) of Section

13 21-1 of the Criminal Code of 1961 or paragraph (4) of

14 subsection (a) of Section 21-1 of the Criminal Code of 2012

15 shall be ordered to undergo medical or psychiatric treatment

16 rendered by a psychiatrist or psychological treatment rendered

17 by a clinical psychologist. The order may be in addition to any

18 other order authorized by this Section.

19 (9) In addition to any other sentencing order, the court

20 shall order any minor found to be guilty for an act which would

21 constitute, predatory criminal sexual assault of a child,

22 aggravated criminal sexual assault, criminal sexual assault,

23 aggravated criminal sexual abuse, or criminal sexual abuse if

24 committed by an adult to undergo medical testing to determine

25 whether the defendant has any sexually transmissible disease

26 including a test for infection with human immunodeficiency

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1 virus (HIV) or any other identified causative agency of

2 acquired immunodeficiency syndrome (AIDS). Any medical test

3 shall be performed only by appropriately licensed medical

4 practitioners and may include an analysis of any bodily fluids

5 as well as an examination of the minor's person. Except as

6 otherwise provided by law, the results of the test shall be

7 kept strictly confidential by all medical personnel involved

8 in the testing and must be personally delivered in a sealed

9 envelope to the judge of the court in which the sentencing

10 order was entered for the judge's inspection in camera. Acting

11 in accordance with the best interests of the victim and the

12 public, the judge shall have the discretion to determine to

13 whom the results of the testing may be revealed. The court

14 shall notify the minor of the results of the test for infection

15 with the human immunodeficiency virus (HIV). The court shall

16 also notify the victim if requested by the victim, and if the

17 victim is under the age of 15 and if requested by the victim's

18 parents or legal guardian, the court shall notify the victim's

19 parents or the legal guardian, of the results of the test for

20 infection with the human immunodeficiency virus (HIV). The

21 court shall provide information on the availability of HIV

22 testing and counseling at the Department of Public Health

23 facilities to all parties to whom the results of the testing

24 are revealed. The court shall order that the cost of any test

25 shall be paid by the county and may be taxed as costs against

26 the minor.

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1 (10) When a court finds a minor to be guilty the court

2 shall, before entering a sentencing order under this Section,

3 make a finding whether the offense committed either: (a) was

4 related to or in furtherance of the criminal activities of an

5 organized gang or was motivated by the minor's membership in

6 or allegiance to an organized gang, or (b) involved a

7 violation of subsection (a) of Section 12-7.1 of the Criminal

8 Code of 1961 or the Criminal Code of 2012, a violation of any

9 Section of Article 24 of the Criminal Code of 1961 or the

10 Criminal Code of 2012, or a violation of any statute that

11 involved the wrongful use of a firearm. If the court

12 determines the question in the affirmative, and the court does

13 not commit the minor to the Department of Juvenile Justice,

14 the court shall order the minor to perform community service

15 for not less than 30 hours nor more than 120 hours, provided

16 that community service is available in the jurisdiction and is

17 funded and approved by the county board of the county where the

18 offense was committed. The community service shall include,

19 but need not be limited to, the cleanup and repair of any

20 damage caused by a violation of Section 21-1.3 of the Criminal

21 Code of 1961 or the Criminal Code of 2012 and similar damage to

22 property located in the municipality or county in which the

23 violation occurred. When possible and reasonable, the

24 community service shall be performed in the minor's

25 neighborhood. This order shall be in addition to any other

26 order authorized by this Section except for an order to place

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1 the minor in the custody of the Department of Juvenile

2 Justice. For the purposes of this Section, "organized gang"

3 has the meaning ascribed to it in Section 10 of the Illinois

4 Streetgang Terrorism Omnibus Prevention Act.

5 (11) If the court determines that the offense was

6 committed in furtherance of the criminal activities of an

7 organized gang, as provided in subsection (10), and that the

8 offense involved the operation or use of a motor vehicle or the

9 use of a driver's license or permit, the court shall notify the

10 Secretary of State of that determination and of the period for

11 which the minor shall be denied driving privileges. If, at the

12 time of the determination, the minor does not hold a driver's

13 license or permit, the court shall provide that the minor

14 shall not be issued a driver's license or permit until his or

15 her 18th birthday. If the minor holds a driver's license or

16 permit at the time of the determination, the court shall

17 provide that the minor's driver's license or permit shall be

18 revoked until his or her 21st birthday, or until a later date

19 or occurrence determined by the court. If the minor holds a

20 driver's license at the time of the determination, the court

21 may direct the Secretary of State to issue the minor a judicial

22 driving permit, also known as a JDP. The JDP shall be subject

23 to the same terms as a JDP issued under Section 6-206.1 of the

24 Illinois Vehicle Code, except that the court may direct that

25 the JDP be effective immediately.

26 (12) (Blank).

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1 (Source: P.A. 101-2, eff. 7-1-19; 101-79, eff. 7-12-19;

2 101-159, eff. 1-1-20; 102-558, eff. 8-20-21.)

3 Section 15. The Unified Code of Corrections is amended by

4 changing Section 3-2.5-100 as follows:

5 (730 ILCS 5/3-2.5-100)

6 Sec. 3-2.5-100. Length of aftercare release; discharge.

7 (a) The aftercare release term of a youth committed to the

8 Department under the Juvenile Court Act of 1987 shall be as set

9 out in Section 5-750 of the Juvenile Court Act of 1987, unless

10 sooner terminated under subsection (b) of this Section, as

11 otherwise provided by law, or as ordered by the court. The

12 aftercare release term of youth committed to the Department as

13 a habitual or violent juvenile offender under Section 5-815 or

14 5-820 of the Juvenile Court Act of 1987 shall continue until

15 the youth's 21st birthday unless sooner terminated under

16 subsection (c) of this Section, as otherwise provided by law,

17 or as ordered by the court.

18 (b) Provided that the youth is in compliance with the

19 terms and conditions of his or her aftercare release, the

20 Department of Juvenile Justice may reduce the period of a

21 releasee's aftercare release by 90 days upon the releasee

22 receiving a high school diploma or upon passage of high school

23 equivalency testing during the period of his or her aftercare

24 release. This reduction in the period of a youth's term of

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1 aftercare release shall be available only to youth who have

2 not previously earned a high school diploma or who have not

3 previously passed high school equivalency testing.

4 (c) The Department of Juvenile Justice may discharge a

5 youth from aftercare release and his or her commitment to the

6 Department in accordance with subsection (3) of Section 5-750

7 of the Juvenile Court Act of 1987, if it determines that he or

8 she is likely to remain at liberty without committing another

9 offense.

10 (d) Upon the discharge of a youth, the Department may

11 continue to provide services to the youth for up to 12 months

12 to allow the youth to participate in vocational,

13 rehabilitative, or supportive programs. The continuance of

14 services may be requested by the youth, the youth's parent or

15 guardian, or the Director of Juvenile Justice.

16 (Source: P.A. 99-628, eff. 1-1-17.)

17 Section 99. Effective date. This Act takes effect upon

18 becoming law.