Bill Text: IL HB3172 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Juvenile Court Act of 1987. Deletes provision that the State's Attorney may object in open court to an order of continuance under supervision.
Spectrum: Moderate Partisan Bill (Democrat 13-3)
Status: (Passed) 2013-07-08 - Public Act . . . . . . . . . 98-0062 [HB3172 Detail]
Download: Illinois-2013-HB3172-Amended.html
Bill Title: Amends the Juvenile Court Act of 1987. Deletes provision that the State's Attorney may object in open court to an order of continuance under supervision.
Spectrum: Moderate Partisan Bill (Democrat 13-3)
Status: (Passed) 2013-07-08 - Public Act . . . . . . . . . 98-0062 [HB3172 Detail]
Download: Illinois-2013-HB3172-Amended.html
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1 | AMENDMENT TO HOUSE BILL 3172
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2 | AMENDMENT NO. ______. Amend House Bill 3172 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Juvenile Court Act of 1987 is amended by | ||||||
5 | changing Section 5-615 as follows:
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6 | (705 ILCS 405/5-615)
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7 | Sec. 5-615. Continuance under supervision.
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8 | (1) The court may enter an order of continuance under | ||||||
9 | supervision for an
offense other than first degree murder, a | ||||||
10 | Class X felony or a forcible felony : | ||||||
11 | (a) upon an admission or stipulation by the appropriate | ||||||
12 | respondent or minor
respondent of the facts supporting the
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13 | petition and before the court makes a finding of | ||||||
14 | delinquency proceeding to adjudication, or after hearing | ||||||
15 | the evidence
at the trial , and (b) in the absence of | ||||||
16 | objection made in open court by the
minor, his or her |
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1 | parent, guardian, or legal custodian, the minor's attorney | ||||||
2 | or
the
State's Attorney ; or .
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3 | (b) upon a finding of delinquency and after considering | ||||||
4 | the circumstances of the offense and the history, | ||||||
5 | character, and condition of the minor, if the court is of | ||||||
6 | the opinion that: | ||||||
7 | (i) the minor is not likely to commit further | ||||||
8 | crimes; | ||||||
9 | (ii) the minor and the public would be best served | ||||||
10 | if the minor were not to receive a criminal record; and | ||||||
11 | (iii) in the best interests of justice an order of | ||||||
12 | continuance under supervision is more appropriate than | ||||||
13 | a sentence otherwise permitted under this Act. | ||||||
14 | (2) (Blank). If the minor, his or her parent, guardian, or | ||||||
15 | legal custodian, the
minor's
attorney or State's Attorney | ||||||
16 | objects in open court to any continuance and
insists upon | ||||||
17 | proceeding to findings and adjudication, the court shall so
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18 | proceed.
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19 | (3) Nothing in this Section limits the power of the court | ||||||
20 | to order a
continuance of the hearing for the production of | ||||||
21 | additional evidence or for any
other proper reason.
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22 | (4) When a hearing where a minor is alleged to be a | ||||||
23 | delinquent is
continued
pursuant to this Section, the period of | ||||||
24 | continuance under supervision may not
exceed 24 months. The | ||||||
25 | court may terminate a continuance under supervision at
any time | ||||||
26 | if warranted by the conduct of the minor and the ends of |
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1 | justice or vacate the finding of delinquency or both .
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2 | (5) When a hearing where a minor is alleged to be | ||||||
3 | delinquent is continued
pursuant to this Section, the court | ||||||
4 | may, as conditions of the continuance under
supervision, | ||||||
5 | require the minor to do any of the following:
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6 | (a) not violate any criminal statute of any | ||||||
7 | jurisdiction;
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8 | (b) make a report to and appear in person before any | ||||||
9 | person or agency as
directed by the court;
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10 | (c) work or pursue a course of study or vocational | ||||||
11 | training;
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12 | (d) undergo medical or psychotherapeutic treatment | ||||||
13 | rendered by a therapist
licensed under the provisions of | ||||||
14 | the Medical Practice Act of 1987, the
Clinical Psychologist | ||||||
15 | Licensing Act, or the Clinical Social Work and Social
Work | ||||||
16 | Practice Act, or an entity licensed by the Department of | ||||||
17 | Human Services as
a successor to the Department of | ||||||
18 | Alcoholism and Substance Abuse, for the
provision of drug | ||||||
19 | addiction and alcoholism treatment;
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20 | (e) attend or reside in a facility established for the | ||||||
21 | instruction or
residence of persons on probation;
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22 | (f) support his or her dependents, if any;
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23 | (g) pay costs;
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24 | (h) refrain from possessing a firearm or other | ||||||
25 | dangerous weapon, or an
automobile;
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26 | (i) permit the probation officer to visit him or her at |
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1 | his or her home or
elsewhere;
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2 | (j) reside with his or her parents or in a foster home;
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3 | (k) attend school;
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4 | (k-5) with the consent of the superintendent
of the
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5 | facility, attend an educational program at a facility other | ||||||
6 | than the school
in which the
offense was committed if he
or | ||||||
7 | she committed a crime of violence as
defined in
Section 2 | ||||||
8 | of the Crime Victims Compensation Act in a school, on the
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9 | real
property
comprising a school, or within 1,000 feet of | ||||||
10 | the real property comprising a
school;
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11 | (l) attend a non-residential program for youth;
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12 | (m) contribute to his or her own support at home or in | ||||||
13 | a foster home;
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14 | (n) perform some reasonable public or community | ||||||
15 | service;
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16 | (o) make restitution to the victim, in the same manner | ||||||
17 | and under the same
conditions as provided in subsection (4) | ||||||
18 | of Section 5-710, except that the
"sentencing hearing" | ||||||
19 | referred
to in that Section shall be the adjudicatory | ||||||
20 | hearing for purposes of this
Section;
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21 | (p) comply with curfew requirements as designated by | ||||||
22 | the court;
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23 | (q) refrain from entering into a designated geographic | ||||||
24 | area except upon
terms as the court finds appropriate. The | ||||||
25 | terms may include consideration of
the purpose of the | ||||||
26 | entry, the time of day, other persons accompanying the
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1 | minor, and advance approval by a probation officer;
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2 | (r) refrain from having any contact, directly or | ||||||
3 | indirectly, with certain
specified persons or particular | ||||||
4 | types of persons, including but not limited to
members of | ||||||
5 | street gangs and drug users or dealers;
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6 | (r-5) undergo a medical or other procedure to have a | ||||||
7 | tattoo symbolizing
allegiance to a street gang removed from | ||||||
8 | his or her body;
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9 | (s) refrain from having in his or her body the presence | ||||||
10 | of any illicit
drug
prohibited by the Cannabis Control Act, | ||||||
11 | the Illinois Controlled Substances
Act, or the | ||||||
12 | Methamphetamine Control and Community Protection Act, | ||||||
13 | unless prescribed by a physician, and submit samples of his | ||||||
14 | or her blood
or urine or both for tests to determine the | ||||||
15 | presence of any illicit drug; or
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16 | (t) comply with any other conditions as may be ordered | ||||||
17 | by the court.
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18 | (6) A minor whose case is continued under supervision under | ||||||
19 | subsection (5)
shall be given a certificate setting forth the | ||||||
20 | conditions imposed by the court.
Those conditions may be | ||||||
21 | reduced, enlarged, or modified by the court on motion
of the | ||||||
22 | probation officer or on its own motion, or that of the State's | ||||||
23 | Attorney,
or, at the request of the minor after notice and | ||||||
24 | hearing.
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25 | (7) If a petition is filed charging a violation of a | ||||||
26 | condition of the
continuance under supervision, the court shall |
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1 | conduct a hearing. If the court
finds that a condition of | ||||||
2 | supervision has not been fulfilled, the court may
proceed to | ||||||
3 | findings , and adjudication , and disposition or adjudication | ||||||
4 | and disposition . The filing of a petition
for violation of a | ||||||
5 | condition of the continuance under supervision shall toll
the | ||||||
6 | period of continuance under supervision until the final | ||||||
7 | determination of
the charge, and the term of the continuance | ||||||
8 | under supervision shall not run
until the hearing and | ||||||
9 | disposition of the petition for violation; provided
where the | ||||||
10 | petition alleges conduct that does not constitute a criminal | ||||||
11 | offense,
the hearing must be held within 30 days of the filing | ||||||
12 | of the petition unless a
delay shall continue the tolling of | ||||||
13 | the period of continuance under supervision
for the period of
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14 | the delay.
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15 | (8) When a hearing in which a minor is alleged to be a | ||||||
16 | delinquent for
reasons that include a violation of Section | ||||||
17 | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | ||||||
18 | 2012
is continued under this Section, the court shall, as a | ||||||
19 | condition of the
continuance under supervision, require the | ||||||
20 | minor to perform community service
for not less than 30 and not | ||||||
21 | more than 120 hours, if community service is
available in the | ||||||
22 | jurisdiction. The community service shall include, but need
not | ||||||
23 | be limited to, the cleanup and repair of the damage that was | ||||||
24 | caused by the
alleged violation or similar damage to property | ||||||
25 | located in the municipality or
county in which the alleged | ||||||
26 | violation occurred. The condition may be in
addition to any |
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1 | other condition.
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2 | (8.5) When a hearing in which a minor is alleged to be a | ||||||
3 | delinquent for
reasons
that include a violation of Section 3.02 | ||||||
4 | or Section 3.03 of the Humane Care for
Animals Act or paragraph | ||||||
5 | (d) of subsection (1)
of Section
21-1 of the Criminal Code of | ||||||
6 | 1961 or paragraph (4) of subsection (a) of Section 21-1 or the | ||||||
7 | Criminal Code of 2012 is continued under this Section, the | ||||||
8 | court
shall, as a
condition of the continuance under | ||||||
9 | supervision, require the minor to undergo
medical or
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10 | psychiatric treatment rendered by a psychiatrist or | ||||||
11 | psychological treatment
rendered by a
clinical psychologist. | ||||||
12 | The condition may be in addition to any other
condition.
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13 | (9) When a hearing in which a minor is alleged to be a | ||||||
14 | delinquent is
continued under this Section, the court, before | ||||||
15 | continuing the case, shall make
a finding whether the offense | ||||||
16 | alleged to have been committed either: (i) was
related to or in | ||||||
17 | furtherance of the activities of an organized gang or was
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18 | motivated by the minor's membership in or allegiance to an | ||||||
19 | organized gang, or
(ii) is a violation of paragraph (13) of | ||||||
20 | subsection (a) of Section 12-2 or paragraph (2) of subsection | ||||||
21 | (c) of Section 12-2 of the
Criminal Code of 1961 or the | ||||||
22 | Criminal Code of 2012, a violation of any Section of Article 24 | ||||||
23 | of the
Criminal Code of 1961 or the Criminal Code of 2012, or a | ||||||
24 | violation of any statute that involved the unlawful
use of a | ||||||
25 | firearm. If the court determines the question in the | ||||||
26 | affirmative the
court shall, as a condition of the continuance |
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1 | under supervision and as part of
or in addition to any other | ||||||
2 | condition of the supervision,
require the minor to perform | ||||||
3 | community service for not less than 30 hours,
provided that | ||||||
4 | community service is available in the
jurisdiction and is | ||||||
5 | funded and approved by the county board of the county where
the | ||||||
6 | offense was committed. The community service shall include, but | ||||||
7 | need not
be limited to, the cleanup and repair of any damage | ||||||
8 | caused by an alleged
violation of Section 21-1.3 of the | ||||||
9 | Criminal Code of 1961 or the Criminal Code of 2012 and similar | ||||||
10 | damage to
property located in the municipality or county in | ||||||
11 | which the alleged violation
occurred. When possible and | ||||||
12 | reasonable, the community service shall be
performed in the | ||||||
13 | minor's neighborhood. For the purposes of this Section,
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14 | "organized gang" has the meaning ascribed to it in Section 10 | ||||||
15 | of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
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16 | (10) The court shall impose upon a minor placed on | ||||||
17 | supervision, as a
condition of the supervision, a fee of $50 | ||||||
18 | for each month of supervision
ordered by the court, unless | ||||||
19 | after determining the inability of the minor
placed on | ||||||
20 | supervision to pay the fee, the court assesses a lesser amount. | ||||||
21 | The
court may not impose the fee on a minor who is made a ward | ||||||
22 | of the State under
this Act while the minor is in placement. | ||||||
23 | The fee shall be imposed only upon a
minor who is actively | ||||||
24 | supervised by the probation and court services
department. A | ||||||
25 | court may order the parent, guardian, or legal custodian of the
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26 | minor to pay some or all of the fee on the minor's behalf.
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1 | (11) If a minor is placed on supervision for a violation of
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2 | subsection (a-7) of Section 1 of the Prevention of Tobacco Use | ||||||
3 | by Minors Act, the
court may, in its discretion, and upon
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4 | recommendation by the State's Attorney, order that minor and | ||||||
5 | his or her parents
or legal
guardian to attend a smoker's | ||||||
6 | education or youth diversion program as defined
in that Act if | ||||||
7 | that
program is available in the jurisdiction where the | ||||||
8 | offender resides.
Attendance at a smoker's education or youth | ||||||
9 | diversion program
shall be time-credited against any community | ||||||
10 | service time imposed for any
first violation of subsection | ||||||
11 | (a-7) of Section 1 of that Act. In addition to any
other
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12 | penalty
that the court may impose for a violation of subsection | ||||||
13 | (a-7) of Section 1 of
that Act, the
court, upon request by the | ||||||
14 | State's Attorney, may in its discretion
require
the offender to | ||||||
15 | remit a fee for his or her attendance at a smoker's
education | ||||||
16 | or
youth diversion program.
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17 | For purposes of this Section, "smoker's education program" | ||||||
18 | or "youth
diversion program" includes, but is not limited to, a | ||||||
19 | seminar designed to
educate a person on the physical and | ||||||
20 | psychological effects of smoking tobacco
products and the | ||||||
21 | health consequences of smoking tobacco products that can be
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22 | conducted with a locality's youth diversion program.
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23 | In addition to any other penalty that the court may impose | ||||||
24 | under this
subsection
(11):
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25 | (a) If a minor violates subsection (a-7) of Section 1 | ||||||
26 | of the Prevention of
Tobacco Use by Minors Act, the court |
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1 | may
impose a sentence of 15 hours of
community service or a | ||||||
2 | fine of $25 for a first violation.
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3 | (b) A second violation by a minor of subsection (a-7) | ||||||
4 | of Section 1 of that Act
that occurs
within 12 months after | ||||||
5 | the first violation is punishable by a fine of $50 and
25
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6 | hours of community service.
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7 | (c) A third or subsequent violation by a minor of | ||||||
8 | subsection (a-7) of Section
1 of that Act
that
occurs | ||||||
9 | within 12 months after the first violation is punishable by | ||||||
10 | a $100
fine
and 30 hours of community service.
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11 | (d) Any second or subsequent violation not within the | ||||||
12 | 12-month time period
after the first violation is | ||||||
13 | punishable as provided for a first violation.
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14 | (Source: P.A. 96-179, eff. 8-10-09; 96-1414, eff. 1-1-11; | ||||||
15 | 97-1150, eff. 1-25-13.)".
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