Bill Text: IL HB2463 | 2009-2010 | 96th General Assembly | Introduced
Bill Title: Amends the Juvenile Court Act of 1987. Increases the minimum age in which an alleged delinquent minor may be placed in a detention facility from 10 years of age to 13 years of age.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB2463 Detail]
Download: Illinois-2009-HB2463-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 Sections 5-410 and 5-710 as follows:
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6 | (705 ILCS 405/5-410)
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7 | Sec. 5-410. Non-secure custody or detention.
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8 | (1) Any minor arrested or taken into custody pursuant to | |||||||||||||||||||||
9 | this Act who
requires care away from his or her home but who | |||||||||||||||||||||
10 | does not require physical
restriction shall be given temporary | |||||||||||||||||||||
11 | care in a foster family home or other
shelter facility | |||||||||||||||||||||
12 | designated by the court.
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13 | (2) (a) Any minor 13 10 years of age or older arrested
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14 | pursuant to this Act where there is probable cause to believe | |||||||||||||||||||||
15 | that the minor
is a delinquent minor and that
(i) secured | |||||||||||||||||||||
16 | custody is a matter of immediate and urgent necessity for the
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17 | protection of the minor or of the person or property of | |||||||||||||||||||||
18 | another, (ii) the minor
is likely to flee the jurisdiction of | |||||||||||||||||||||
19 | the court, or (iii) the minor was taken
into custody under a | |||||||||||||||||||||
20 | warrant, may be kept or detained in an authorized
detention | |||||||||||||||||||||
21 | facility. No minor under 12 years of age shall be detained in a
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22 | county jail or a municipal lockup for more than 6 hours.
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23 | (b) The written authorization of the probation officer or |
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1 | detention officer
(or other public officer designated by the | ||||||
2 | court in a county having
3,000,000 or more inhabitants) | ||||||
3 | constitutes authority for the superintendent of
any juvenile | ||||||
4 | detention home to detain and keep a minor for up to 40 hours,
| ||||||
5 | excluding Saturdays, Sundays and court-designated holidays. | ||||||
6 | These
records shall be available to the same persons and | ||||||
7 | pursuant to the same
conditions as are law enforcement records | ||||||
8 | as provided in Section 5-905.
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9 | (b-4) The consultation required by subsection (b-5) shall | ||||||
10 | not be applicable
if the probation officer or detention officer | ||||||
11 | (or other public officer
designated
by the court in a
county | ||||||
12 | having 3,000,000 or more inhabitants) utilizes a scorable | ||||||
13 | detention
screening instrument, which has been developed with | ||||||
14 | input by the State's
Attorney, to
determine whether a minor | ||||||
15 | should be detained, however, subsection (b-5) shall
still be | ||||||
16 | applicable where no such screening instrument is used or where | ||||||
17 | the
probation officer, detention officer (or other public | ||||||
18 | officer designated by the
court in a county
having 3,000,000 or | ||||||
19 | more inhabitants) deviates from the screening instrument.
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20 | (b-5) Subject to the provisions of subsection (b-4), if a | ||||||
21 | probation officer
or detention officer
(or other public officer | ||||||
22 | designated by
the court in a county having 3,000,000 or more | ||||||
23 | inhabitants) does not intend to
detain a minor for an offense | ||||||
24 | which constitutes one of the following offenses
he or she shall | ||||||
25 | consult with the State's Attorney's Office prior to the release
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26 | of the minor: first degree murder, second degree murder, |
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1 | involuntary
manslaughter, criminal sexual assault, aggravated | ||||||
2 | criminal sexual assault,
aggravated battery with a firearm, | ||||||
3 | aggravated or heinous battery involving
permanent disability | ||||||
4 | or disfigurement or great bodily harm, robbery, aggravated
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5 | robbery, armed robbery, vehicular hijacking, aggravated | ||||||
6 | vehicular hijacking,
vehicular invasion, arson, aggravated | ||||||
7 | arson, kidnapping, aggravated kidnapping,
home invasion, | ||||||
8 | burglary, or residential burglary.
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9 | (c) Except as otherwise provided in paragraph (a), (d), or | ||||||
10 | (e), no minor
shall
be detained in a county jail or municipal | ||||||
11 | lockup for more than 12 hours, unless
the offense is a crime of | ||||||
12 | violence in which case the minor may be detained up
to 24 | ||||||
13 | hours. For the purpose of this paragraph, "crime of violence" | ||||||
14 | has the
meaning
ascribed to it in Section 1-10 of the | ||||||
15 | Alcoholism and Other Drug Abuse and
Dependency Act.
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16 | (i) The
period of detention is deemed to have begun | ||||||
17 | once the minor has been placed in a
locked room or cell or | ||||||
18 | handcuffed to a stationary object in a building housing
a | ||||||
19 | county jail or municipal lockup. Time spent transporting a | ||||||
20 | minor is not
considered to be time in detention or secure | ||||||
21 | custody.
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22 | (ii) Any minor so
confined shall be under periodic | ||||||
23 | supervision and shall not be permitted to come
into or | ||||||
24 | remain in contact with adults in custody in the building.
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25 | (iii) Upon
placement in secure custody in a jail or | ||||||
26 | lockup, the
minor shall be informed of the purpose of the |
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1 | detention, the time it is
expected to last and the fact | ||||||
2 | that it cannot exceed the time specified under
this Act.
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3 | (iv) A log shall
be kept which shows the offense which | ||||||
4 | is the basis for the detention, the
reasons and | ||||||
5 | circumstances for the decision to detain and the length of | ||||||
6 | time the
minor was in detention.
| ||||||
7 | (v) Violation of the time limit on detention
in a | ||||||
8 | county jail or municipal lockup shall not, in and of | ||||||
9 | itself, render
inadmissible evidence obtained as a result | ||||||
10 | of the violation of this
time limit. Minors under 17 years | ||||||
11 | of age shall be kept separate from confined
adults and may | ||||||
12 | not at any time be kept in the same cell, room or yard with
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13 | adults confined pursuant to criminal law. Persons 17 years | ||||||
14 | of age and older
who have a petition of delinquency filed | ||||||
15 | against them may be
confined in an
adult detention | ||||||
16 | facility.
In making a determination whether to confine a | ||||||
17 | person 17 years of age or
older
who has a petition of | ||||||
18 | delinquency filed against the person, these factors,
among | ||||||
19 | other matters, shall be considered:
| ||||||
20 | (A) The age of the person;
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21 | (B) Any previous delinquent or criminal history of | ||||||
22 | the person;
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23 | (C) Any previous abuse or neglect history of the | ||||||
24 | person; and
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25 | (D) Any mental health or educational history of the | ||||||
26 | person, or both.
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1 | (d) (i) If a minor 12 years of age or older is confined in a | ||||||
2 | county jail
in a
county with a population below 3,000,000 | ||||||
3 | inhabitants, then the minor's
confinement shall be implemented | ||||||
4 | in such a manner that there will be no contact
by sight, sound | ||||||
5 | or otherwise between the minor and adult prisoners. Minors
12 | ||||||
6 | years of age or older must be kept separate from confined | ||||||
7 | adults and may not
at any time
be kept in the same cell, room, | ||||||
8 | or yard with confined adults. This paragraph
(d)(i) shall only | ||||||
9 | apply to confinement pending an adjudicatory hearing and
shall | ||||||
10 | not exceed 40 hours, excluding Saturdays, Sundays and court | ||||||
11 | designated
holidays. To accept or hold minors during this time | ||||||
12 | period, county jails shall
comply with all monitoring standards | ||||||
13 | promulgated by the Department of
Corrections and training | ||||||
14 | standards approved by the Illinois Law Enforcement
Training | ||||||
15 | Standards Board.
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16 | (ii) To accept or hold minors, 12 years of age or older, | ||||||
17 | after the time
period
prescribed in paragraph (d)(i) of this | ||||||
18 | subsection (2) of this Section but not
exceeding 7 days | ||||||
19 | including Saturdays, Sundays and holidays pending an
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20 | adjudicatory hearing, county jails shall comply with all | ||||||
21 | temporary detention
standards promulgated by the Department of | ||||||
22 | Corrections and training standards
approved by the Illinois Law | ||||||
23 | Enforcement Training Standards Board.
| ||||||
24 | (iii) To accept or hold minors 12 years of age or older, | ||||||
25 | after the time
period prescribed in paragraphs (d)(i) and | ||||||
26 | (d)(ii) of this subsection (2) of
this
Section, county jails |
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1 | shall comply with all programmatic and training standards
for | ||||||
2 | juvenile detention homes promulgated by the Department of | ||||||
3 | Corrections.
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4 | (e) When a minor who is at least 15 years of age is | ||||||
5 | prosecuted under the
criminal laws of this State,
the court may | ||||||
6 | enter an order directing that the juvenile be confined
in the | ||||||
7 | county jail. However, any juvenile confined in the county jail | ||||||
8 | under
this provision shall be separated from adults who are | ||||||
9 | confined in the county
jail in such a manner that there will be | ||||||
10 | no contact by sight, sound or
otherwise between the juvenile | ||||||
11 | and adult prisoners.
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12 | (f) For purposes of appearing in a physical lineup, the | ||||||
13 | minor may be taken
to a county jail or municipal lockup under | ||||||
14 | the direct and constant supervision
of a juvenile police | ||||||
15 | officer. During such time as is necessary to conduct a
lineup, | ||||||
16 | and while supervised by a juvenile police officer, the sight | ||||||
17 | and sound
separation provisions shall not apply.
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18 | (g) For purposes of processing a minor, the minor may be | ||||||
19 | taken to a County
Jail or municipal lockup under the direct and | ||||||
20 | constant supervision of a law
enforcement officer or | ||||||
21 | correctional officer. During such time as is necessary
to | ||||||
22 | process the minor, and while supervised by a law enforcement | ||||||
23 | officer or
correctional officer, the sight and sound separation | ||||||
24 | provisions shall not
apply.
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25 | (3) If the probation officer or State's Attorney (or such | ||||||
26 | other public
officer designated by the court in a county having |
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1 | 3,000,000 or more
inhabitants) determines that the minor may be | ||||||
2 | a delinquent minor as described
in subsection (3) of Section | ||||||
3 | 5-105, and should be retained in custody but does
not require
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4 | physical restriction, the minor may be placed in non-secure | ||||||
5 | custody for up to
40 hours pending a detention hearing.
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6 | (4) Any minor taken into temporary custody, not requiring | ||||||
7 | secure
detention, may, however, be detained in the home of his | ||||||
8 | or her parent or
guardian subject to such conditions as the | ||||||
9 | court may impose.
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10 | (Source: P.A. 93-255, eff. 1-1-04.)
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11 | (705 ILCS 405/5-710)
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12 | Sec. 5-710. Kinds of sentencing orders.
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13 | (1) The following kinds of sentencing orders may be made in | ||||||
14 | respect of
wards of the court:
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15 | (a) Except as provided in Sections 5-805, 5-810, 5-815, | ||||||
16 | a minor who is
found
guilty under Section 5-620 may be:
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17 | (i) put on probation or conditional discharge and | ||||||
18 | released to his or her
parents, guardian or legal | ||||||
19 | custodian, provided, however, that any such minor
who | ||||||
20 | is not committed to the Department of Juvenile Justice | ||||||
21 | under
this subsection and who is found to be a | ||||||
22 | delinquent for an offense which is
first degree murder, | ||||||
23 | a Class X felony, or a forcible felony shall be placed | ||||||
24 | on
probation;
| ||||||
25 | (ii) placed in accordance with Section 5-740, with |
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1 | or without also being
put on probation or conditional | ||||||
2 | discharge;
| ||||||
3 | (iii) required to undergo a substance abuse | ||||||
4 | assessment conducted by a
licensed provider and | ||||||
5 | participate in the indicated clinical level of care;
| ||||||
6 | (iv) placed in the guardianship of the Department | ||||||
7 | of Children and Family
Services, but only if the | ||||||
8 | delinquent minor is under 15 years of age or, pursuant | ||||||
9 | to Article II of this Act, a minor for whom an | ||||||
10 | independent basis of abuse, neglect, or dependency | ||||||
11 | exists. An independent basis exists when the | ||||||
12 | allegations or adjudication of abuse, neglect, or | ||||||
13 | dependency do not arise from the same facts, incident, | ||||||
14 | or circumstances which give rise to a charge or | ||||||
15 | adjudication of delinquency;
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16 | (v) placed in detention for a period not to exceed | ||||||
17 | 30 days, either as
the
exclusive order of disposition | ||||||
18 | or, where appropriate, in conjunction with any
other | ||||||
19 | order of disposition issued under this paragraph, | ||||||
20 | provided that any such
detention shall be in a juvenile | ||||||
21 | detention home and the minor so detained shall
be 13 10 | ||||||
22 | years of age or older. However, the 30-day limitation | ||||||
23 | may be extended by
further order of the court for a | ||||||
24 | minor under age 15 committed to the Department
of | ||||||
25 | Children and Family Services if the court finds that | ||||||
26 | the minor is a danger
to himself or others. The minor |
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1 | shall be given credit on the sentencing order
of | ||||||
2 | detention for time spent in detention under Sections | ||||||
3 | 5-501, 5-601, 5-710, or
5-720 of this
Article as a | ||||||
4 | result of the offense for which the sentencing order | ||||||
5 | was imposed.
The court may grant credit on a sentencing | ||||||
6 | order of detention entered under a
violation of | ||||||
7 | probation or violation of conditional discharge under | ||||||
8 | Section
5-720 of this Article for time spent in | ||||||
9 | detention before the filing of the
petition
alleging | ||||||
10 | the violation. A minor shall not be deprived of credit | ||||||
11 | for time spent
in detention before the filing of a | ||||||
12 | violation of probation or conditional
discharge | ||||||
13 | alleging the same or related act or acts;
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14 | (vi) ordered partially or completely emancipated | ||||||
15 | in accordance with the
provisions of the Emancipation | ||||||
16 | of Minors Act;
| ||||||
17 | (vii) subject to having his or her driver's license | ||||||
18 | or driving
privileges
suspended for such time as | ||||||
19 | determined by the court but only until he or she
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20 | attains 18 years of age;
| ||||||
21 | (viii) put on probation or conditional discharge | ||||||
22 | and placed in detention
under Section 3-6039 of the | ||||||
23 | Counties Code for a period not to exceed the period
of | ||||||
24 | incarceration permitted by law for adults found guilty | ||||||
25 | of the same offense
or offenses for which the minor was | ||||||
26 | adjudicated delinquent, and in any event no
longer than |
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1 | upon attainment of age 21; this subdivision (viii) | ||||||
2 | notwithstanding
any contrary provision of the law; or
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3 | (ix) ordered to undergo a medical or other | ||||||
4 | procedure to have a tattoo
symbolizing allegiance to a | ||||||
5 | street gang removed from his or her body.
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6 | (b) A minor found to be guilty may be committed to the | ||||||
7 | Department of
Juvenile Justice under Section 5-750 if the | ||||||
8 | minor is 13 years of age or
older,
provided that the | ||||||
9 | commitment to the Department of Juvenile Justice shall be | ||||||
10 | made only if a term of incarceration is permitted by law | ||||||
11 | for
adults found guilty of the offense for which the minor | ||||||
12 | was adjudicated
delinquent. The time during which a minor | ||||||
13 | is in custody before being released
upon the request of a | ||||||
14 | parent, guardian or legal custodian shall be considered
as | ||||||
15 | time spent in detention.
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16 | (c) When a minor is found to be guilty for an offense | ||||||
17 | which is a violation
of the Illinois Controlled Substances | ||||||
18 | Act, the Cannabis Control Act, or the Methamphetamine | ||||||
19 | Control and Community Protection Act and made
a ward of the | ||||||
20 | court, the court may enter a disposition order requiring | ||||||
21 | the
minor to undergo assessment,
counseling or treatment in | ||||||
22 | a substance abuse program approved by the Department
of | ||||||
23 | Human Services.
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24 | (2) Any sentencing order other than commitment to the | ||||||
25 | Department of
Juvenile Justice may provide for protective | ||||||
26 | supervision under
Section 5-725 and may include an order of |
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1 | protection under Section 5-730.
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2 | (3) Unless the sentencing order expressly so provides, it | ||||||
3 | does not operate
to close proceedings on the pending petition, | ||||||
4 | but is subject to modification
until final closing and | ||||||
5 | discharge of the proceedings under Section 5-750.
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6 | (4) In addition to any other sentence, the court may order | ||||||
7 | any
minor
found to be delinquent to make restitution, in | ||||||
8 | monetary or non-monetary form,
under the terms and conditions | ||||||
9 | of Section 5-5-6 of the Unified Code of
Corrections, except | ||||||
10 | that the "presentencing hearing" referred to in that
Section
| ||||||
11 | shall be
the sentencing hearing for purposes of this Section. | ||||||
12 | The parent, guardian or
legal custodian of the minor may be | ||||||
13 | ordered by the court to pay some or all of
the restitution on | ||||||
14 | the minor's behalf, pursuant to the Parental Responsibility
| ||||||
15 | Law. The State's Attorney is authorized to act
on behalf of any | ||||||
16 | victim in seeking restitution in proceedings under this
| ||||||
17 | Section, up to the maximum amount allowed in Section 5 of the | ||||||
18 | Parental
Responsibility Law.
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19 | (5) Any sentencing order where the minor is committed or | ||||||
20 | placed in
accordance
with Section 5-740 shall provide for the | ||||||
21 | parents or guardian of the estate of
the minor to pay to the | ||||||
22 | legal custodian or guardian of the person of the minor
such | ||||||
23 | sums as are determined by the custodian or guardian of the | ||||||
24 | person of the
minor as necessary for the minor's needs. The | ||||||
25 | payments may not exceed the
maximum amounts provided for by | ||||||
26 | Section 9.1 of the Children and Family Services
Act.
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1 | (6) Whenever the sentencing order requires the minor to | ||||||
2 | attend school or
participate in a program of training, the | ||||||
3 | truant officer or designated school
official shall regularly | ||||||
4 | report to the court if the minor is a chronic or
habitual | ||||||
5 | truant under Section 26-2a of the School Code. Notwithstanding | ||||||
6 | any other provision of this Act, in instances in which | ||||||
7 | educational services are to be provided to a minor in a | ||||||
8 | residential facility where the minor has been placed by the | ||||||
9 | court, costs incurred in the provision of those educational | ||||||
10 | services must be allocated based on the requirements of the | ||||||
11 | School Code.
| ||||||
12 | (7) In no event shall a guilty minor be committed to the | ||||||
13 | Department of
Juvenile Justice for a period of time in
excess | ||||||
14 | of
that period for which an adult could be committed for the | ||||||
15 | same act.
| ||||||
16 | (8) A minor found to be guilty for reasons that include a | ||||||
17 | violation of
Section 21-1.3 of the Criminal Code of 1961 shall | ||||||
18 | be ordered to perform
community service for not less than 30 | ||||||
19 | and not more than 120 hours, if
community service is available | ||||||
20 | in the jurisdiction. The community service
shall include, but | ||||||
21 | need not be limited to, the cleanup and repair of the damage
| ||||||
22 | that was caused by the violation or similar damage to property | ||||||
23 | located in the
municipality or county in which the violation | ||||||
24 | occurred. The order may be in
addition to any other order | ||||||
25 | authorized by this Section.
| ||||||
26 | (8.5) A minor found to be guilty for reasons that include a |
| |||||||
| |||||||
1 | violation of
Section
3.02 or Section 3.03 of the Humane Care | ||||||
2 | for Animals Act or paragraph (d) of
subsection (1) of
Section | ||||||
3 | 21-1 of
the Criminal Code
of
1961 shall be ordered to undergo | ||||||
4 | medical or psychiatric treatment rendered by
a
psychiatrist or | ||||||
5 | psychological treatment rendered by a clinical psychologist.
| ||||||
6 | The order
may be in addition to any other order authorized by | ||||||
7 | this Section.
| ||||||
8 | (9) In addition to any other sentencing order, the court | ||||||
9 | shall order any
minor found
to be guilty for an act which would | ||||||
10 | constitute, predatory criminal sexual
assault of a child, | ||||||
11 | aggravated criminal sexual assault, criminal sexual
assault, | ||||||
12 | aggravated criminal sexual abuse, or criminal sexual abuse if
| ||||||
13 | committed by an
adult to undergo medical testing to determine | ||||||
14 | whether the defendant has any
sexually transmissible disease | ||||||
15 | including a test for infection with human
immunodeficiency | ||||||
16 | virus (HIV) or any other identified causative agency of
| ||||||
17 | acquired immunodeficiency syndrome (AIDS). Any medical test | ||||||
18 | shall be performed
only by appropriately licensed medical | ||||||
19 | practitioners and may include an
analysis of any bodily fluids | ||||||
20 | as well as an examination of the minor's person.
Except as | ||||||
21 | otherwise provided by law, the results of the test shall be | ||||||
22 | kept
strictly confidential by all medical personnel involved in | ||||||
23 | the testing and must
be personally delivered in a sealed | ||||||
24 | envelope to the judge of the court in which
the sentencing | ||||||
25 | order was entered for the judge's inspection in camera. Acting
| ||||||
26 | in accordance with the best interests of the victim and the |
| |||||||
| |||||||
1 | public, the judge
shall have the discretion to determine to | ||||||
2 | whom the results of the testing may
be revealed. The court | ||||||
3 | shall notify the minor of the results of the test for
infection | ||||||
4 | with the human immunodeficiency virus (HIV). The court shall | ||||||
5 | also
notify the victim if requested by the victim, and if the | ||||||
6 | victim is under the
age of 15 and if requested by the victim's | ||||||
7 | parents or legal guardian, the court
shall notify the victim's | ||||||
8 | parents or the legal guardian, of the results of the
test for | ||||||
9 | infection with the human immunodeficiency virus (HIV). The | ||||||
10 | court
shall provide information on the availability of HIV | ||||||
11 | testing and counseling at
the Department of Public Health | ||||||
12 | facilities to all parties to whom the
results of the testing | ||||||
13 | are revealed. The court shall order that the cost of
any test | ||||||
14 | shall be paid by the county and may be taxed as costs against | ||||||
15 | the
minor.
| ||||||
16 | (10) When a court finds a minor to be guilty the court | ||||||
17 | shall, before
entering a sentencing order under this Section, | ||||||
18 | make a finding whether the
offense committed either: (a) was | ||||||
19 | related to or in furtherance of the criminal
activities of an | ||||||
20 | organized gang or was motivated by the minor's membership in
or | ||||||
21 | allegiance to an organized gang, or (b) involved a violation of
| ||||||
22 | subsection (a) of Section 12-7.1 of the Criminal Code of 1961, | ||||||
23 | a violation of
any
Section of Article 24 of the Criminal Code | ||||||
24 | of 1961, or a violation of any
statute that involved the | ||||||
25 | wrongful use of a firearm. If the court determines
the question | ||||||
26 | in the affirmative,
and the court does not commit the minor to |
| |||||||
| |||||||
1 | the Department of Juvenile Justice, the court shall order the | ||||||
2 | minor to perform community service
for not less than 30 hours | ||||||
3 | nor more than 120 hours, provided that community
service is | ||||||
4 | available in the jurisdiction and is funded and approved by the
| ||||||
5 | county board of the county where the offense was committed. The | ||||||
6 | community
service shall include, but need not be limited to, | ||||||
7 | the cleanup and repair of
any damage caused by a violation of | ||||||
8 | Section 21-1.3 of the Criminal Code of 1961
and similar damage | ||||||
9 | to property located in the municipality or county in which
the | ||||||
10 | violation occurred. When possible and reasonable, the | ||||||
11 | community service
shall be performed in the minor's | ||||||
12 | neighborhood. This order shall be in
addition to any other | ||||||
13 | order authorized by this Section
except for an order to place | ||||||
14 | the minor in the custody of the Department of
Juvenile Justice. | ||||||
15 | For the purposes of this Section, "organized
gang" has the | ||||||
16 | meaning ascribed to it in Section 10 of the Illinois Streetgang
| ||||||
17 | Terrorism Omnibus Prevention Act.
| ||||||
18 | (11) If the court determines that the offense was committed | ||||||
19 | in furtherance of the criminal activities of an organized gang, | ||||||
20 | as provided in subsection (10), and that the offense involved | ||||||
21 | the operation or use of a motor vehicle or the use of a | ||||||
22 | driver's license or permit, the court shall notify the | ||||||
23 | Secretary of State of that determination and of the period for | ||||||
24 | which the minor shall be denied driving privileges. If, at the | ||||||
25 | time of the determination, the minor does not hold a driver's | ||||||
26 | license or permit, the court shall provide that the minor shall |
| |||||||
| |||||||
1 | not be issued a driver's license or permit until his or her | ||||||
2 | 18th birthday. If the minor holds a driver's license or permit | ||||||
3 | at the time of the determination, the court shall provide that | ||||||
4 | the minor's driver's license or permit shall be revoked until | ||||||
5 | his or her 21st birthday, or until a later date or occurrence | ||||||
6 | determined by the court. If the minor holds a driver's license | ||||||
7 | at the time of the determination, the court may direct the | ||||||
8 | Secretary of State to issue the minor a judicial driving | ||||||
9 | permit, also known as a JDP. The JDP shall be subject to the | ||||||
10 | same terms as a JDP issued under Section 6-206.1 of the | ||||||
11 | Illinois Vehicle Code, except that the court may direct that | ||||||
12 | the JDP be effective immediately.
| ||||||
13 | (Source: P.A. 94-556, eff. 9-11-05; 94-696, eff. 6-1-06; | ||||||
14 | 95-337, eff. 6-1-08; 95-642, eff. 6-1-08; 95-844, eff. 8-15-08; | ||||||
15 |