Sen. James F. Clayborne, Jr.
Filed: 5/9/2013
 
 


 




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1
AMENDMENT TO HOUSE BILL 3172




2 AMENDMENT NO. ______. Amend House Bill 3172 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Juvenile Court Act of 1987 is amended by 
5changing Section 5-615 as follows:




6 (705 ILCS 405/5-615)


7 Sec. 5-615. Continuance under supervision. 

8 (1) The court may enter an order of continuance under 
9supervision for an
offense other than first degree murder, a 
10Class 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

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 .

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 
15legal custodian, the
minor's
attorney or State's Attorney 
16objects in open court to any continuance and
insists upon 
17proceeding to findings and adjudication, the court shall so

18proceed.

19 (3) Nothing in this Section limits the power of the court 
20to order a
continuance of the hearing for the production of 
21additional evidence or for any
other proper reason.

22 (4) When a hearing where a minor is alleged to be a 
23delinquent is
continued
pursuant to this Section, the period of 
24continuance under supervision may not
exceed 24 months. The 
25court may terminate a continuance under supervision at
any time 
26if warranted by the conduct of the minor and the ends of 
 
 
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1justice or vacate the finding of delinquency or both.

2 (5) When a hearing where a minor is alleged to be 
3delinquent is continued
pursuant to this Section, the court 
4may, as conditions of the continuance under
supervision, 
5require the minor to do any of the following:


6  (a) not violate any criminal statute of any 
7 jurisdiction;


8  (b) make a report to and appear in person before any 
9 person or agency as
directed by the court;


10  (c) work or pursue a course of study or vocational 
11 training;


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;


20  (e) attend or reside in a facility established for the 
21 instruction or
residence of persons on probation;


22  (f) support his or her dependents, if any;


23  (g) pay costs;


24  (h) refrain from possessing a firearm or other 
25 dangerous weapon, or an
automobile;


26  (i) permit the probation officer to visit him or her at 
 
 
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1 his or her home or
elsewhere;


2  (j) reside with his or her parents or in a foster home;


3  (k) attend school;


4  (k-5) with the consent of the superintendent
of the

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

9 real
property
comprising a school, or within 1,000 feet of 
10 the real property comprising a
school;


11  (l) attend a non-residential program for youth;


12  (m) contribute to his or her own support at home or in 
13 a foster home;


14  (n) perform some reasonable public or community 
15 service;


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;


21  (p) comply with curfew requirements as designated by 
22 the court;


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;


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;


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;


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


16  (t) comply with any other conditions as may be ordered 
17 by the court.

18 (6) A minor whose case is continued under supervision under 
19subsection (5)
shall be given a certificate setting forth the 
20conditions imposed by the court.
Those conditions may be 
21reduced, enlarged, or modified by the court on motion
of the 
22probation officer or on its own motion, or that of the State's 
23Attorney,
or, at the request of the minor after notice and 
24hearing.

25 (7) If a petition is filed charging a violation of a 
26condition of the
continuance under supervision, the court shall 
 
 
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1conduct a hearing. If the court
finds that a condition of 
2supervision has not been fulfilled, the court may
proceed to 
3findings, and adjudication, and disposition or adjudication 
4and disposition. The filing of a petition
for violation of a 
5condition of the continuance under supervision shall toll
the 
6period of continuance under supervision until the final 
7determination of
the charge, and the term of the continuance 
8under supervision shall not run
until the hearing and 
9disposition of the petition for violation; provided
where the 
10petition alleges conduct that does not constitute a criminal 
11offense,
the hearing must be held within 30 days of the filing 
12of the petition unless a
delay shall continue the tolling of 
13the period of continuance under supervision
for the period of

14the delay.

15 (8) When a hearing in which a minor is alleged to be a 
16delinquent for
reasons that include a violation of Section 
1721-1.3 of the Criminal Code of 1961 or the Criminal Code of 
182012
is continued under this Section, the court shall, as a 
19condition of the
continuance under supervision, require the 
20minor to perform community service
for not less than 30 and not 
21more than 120 hours, if community service is
available in the 
22jurisdiction. The community service shall include, but need
not 
23be limited to, the cleanup and repair of the damage that was 
24caused by the
alleged violation or similar damage to property 
25located in the municipality or
county in which the alleged 
26violation occurred. The condition may be in
addition to any 
 
 
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1other condition.

2 (8.5) When a hearing in which a minor is alleged to be a 
3delinquent for
reasons
that include a violation of Section 3.02 
4or 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 
61961 or paragraph (4) of subsection (a) of Section 21-1 or the 
7Criminal Code of 2012 is continued under this Section, the 
8court
shall, as a
condition of the continuance under 
9supervision, require the minor to undergo
medical or

10psychiatric treatment rendered by a psychiatrist or 
11psychological treatment
rendered by a
clinical psychologist. 
12The condition may be in addition to any other
condition.

13 (9) When a hearing in which a minor is alleged to be a 
14delinquent is
continued under this Section, the court, before 
15continuing the case, shall make
a finding whether the offense 
16alleged to have been committed either: (i) was
related to or in 
17furtherance of the activities of an organized gang or was

18motivated by the minor's membership in or allegiance to an 
19organized gang, or
(ii) is a violation of paragraph (13) of 
20subsection (a) of Section 12-2 or paragraph (2) of subsection 
21(c) of Section 12-2 of the
Criminal Code of 1961 or the 
22Criminal Code of 2012, a violation of any Section of Article 24 
23of the
Criminal Code of 1961 or the Criminal Code of 2012, or a 
24violation of any statute that involved the unlawful
use of a 
25firearm. If the court determines the question in the 
26affirmative the
court shall, as a condition of the continuance 
 
 
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1under supervision and as part of
or in addition to any other 
2condition of the supervision,
require the minor to perform 
3community service for not less than 30 hours,
provided that 
4community service is available in the
jurisdiction and is 
5funded and approved by the county board of the county where
the 
6offense was committed. The community service shall include, but 
7need not
be limited to, the cleanup and repair of any damage 
8caused by an alleged
violation of Section 21-1.3 of the 
9Criminal Code of 1961 or the Criminal Code of 2012 and similar 
10damage to
property located in the municipality or county in 
11which the alleged violation
occurred. When possible and 
12reasonable, the community service shall be
performed in the 
13minor's neighborhood. For the purposes of this Section,

14"organized gang" has the meaning ascribed to it in Section 10 
15of the Illinois
Streetgang Terrorism Omnibus Prevention Act.

16 (10) The court shall impose upon a minor placed on 
17supervision, as a
condition of the supervision, a fee of $50 
18for each month of supervision
ordered by the court, unless 
19after determining the inability of the minor
placed on 
20supervision to pay the fee, the court assesses a lesser amount. 
21The
court may not impose the fee on a minor who is made a ward 
22of the State under
this Act while the minor is in placement. 
23The fee shall be imposed only upon a
minor who is actively 
24supervised by the probation and court services
department. A 
25court may order the parent, guardian, or legal custodian of the

26minor 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

2subsection (a-7) of Section 1 of the Prevention of Tobacco Use 
3by Minors Act, the
court may, in its discretion, and upon

4recommendation by the State's Attorney, order that minor and 
5his or her parents
or legal
guardian to attend a smoker's 
6education or youth diversion program as defined
in that Act if 
7that
program is available in the jurisdiction where the 
8offender resides.
Attendance at a smoker's education or youth 
9diversion program
shall be time-credited against any community 
10service time imposed for any
first violation of subsection 
11(a-7) of Section 1 of that Act. In addition to any
other

12penalty
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 
14State's Attorney, may in its discretion
require
the offender to 
15remit a fee for his or her attendance at a smoker's
education 
16or
youth diversion program.

17 For purposes of this Section, "smoker's education program" 
18or "youth
diversion program" includes, but is not limited to, a 
19seminar designed to
educate a person on the physical and 
20psychological effects of smoking tobacco
products and the 
21health consequences of smoking tobacco products that can be

22conducted with a locality's youth diversion program.

23 In addition to any other penalty that the court may impose 
24under this
subsection
(11):

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.

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

6 hours of community service.

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.

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.

14(Source: P.A. 96-179, eff. 8-10-09; 96-1414, eff. 1-1-11; 
1597-1150, eff. 1-25-13.)".