Bill Text: IL HB3172 | 2013-2014 | 98th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Enrolled.html

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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 Section 5-615 as follows:
(705 ILCS 405/5-615)
Sec. 5-615. Continuance under supervision.
(1) The court may enter an order of continuance under
supervision for an offense other than first degree murder, a
Class X felony or a forcible felony:
(a) upon an admission or stipulation by the appropriate
respondent or minor respondent of the facts supporting the
petition and before the court makes a finding of
delinquency proceeding to adjudication, or after hearing
the evidence at the trial, and (b) in the absence of
objection made in open court by the minor, his or her
parent, guardian, or legal custodian, the minor's attorney
or the State's Attorney; or .
(b) upon a finding of delinquency and after considering
the circumstances of the offense and the history,
character, and condition of the minor, if the court is of
the opinion that:
(i) the minor is not likely to commit further

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crimes;
(ii) the minor and the public would be best served
if the minor were not to receive a criminal record; and
(iii) in the best interests of justice an order of
continuance under supervision is more appropriate than
a sentence otherwise permitted under this Act.
(2) (Blank). If the minor, his or her parent, guardian, or
legal custodian, the minor's attorney or State's Attorney
objects in open court to any continuance and insists upon
proceeding to findings and adjudication, the court shall so
proceed.
(3) Nothing in this Section limits the power of the court
to order a continuance of the hearing for the production of
additional evidence or for any other proper reason.
(4) When a hearing where a minor is alleged to be a
delinquent is continued pursuant to this Section, the period of
continuance under supervision may not exceed 24 months. The
court may terminate a continuance under supervision at any time
if warranted by the conduct of the minor and the ends of
justice or vacate the finding of delinquency or both.
(5) When a hearing where a minor is alleged to be
delinquent is continued pursuant to this Section, the court
may, as conditions of the continuance under supervision,
require the minor to do any of the following:
(a) not violate any criminal statute of any
jurisdiction;

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(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 psychotherapeutic treatment
rendered by a therapist licensed under the provisions of
the Medical Practice Act of 1987, the Clinical Psychologist
Licensing Act, or the Clinical Social Work and Social Work
Practice Act, or an entity licensed by the Department of
Human Services as a successor to the Department of
Alcoholism and Substance Abuse, for the provision of drug
addiction and alcoholism treatment;
(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) pay costs;
(h) refrain from possessing a firearm or other
dangerous weapon, or an automobile;
(i) permit the probation officer to visit him or her at
his or her home or elsewhere;
(j) reside with his or her parents or in a foster home;
(k) attend school;
(k-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

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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;
(l) attend a non-residential program for youth;
(m) contribute to his or her own support at home or in
a foster home;
(n) perform some reasonable public or community
service;
(o) make restitution to the victim, in the same manner
and under the same conditions as provided in subsection (4)
of Section 5-710, except that the "sentencing hearing"
referred to in that Section shall be the adjudicatory
hearing for purposes of this Section;
(p) comply with curfew requirements as designated by
the court;
(q) 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;
(r) 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;
(r-5) undergo a medical or other procedure to have a
tattoo symbolizing allegiance to a street gang removed from

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his or her body;
(s) 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 submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug; or
(t) comply with any other conditions as may be ordered
by the court.
(6) A minor whose case is continued under supervision under
subsection (5) shall be given a certificate setting forth the
conditions imposed by the court. Those conditions may be
reduced, enlarged, or modified by the court on motion of the
probation officer or on its own motion, or that of the State's
Attorney, or, at the request of the minor after notice and
hearing.
(7) If a petition is filed charging a violation of a
condition of the continuance under supervision, the court shall
conduct a hearing. If the court finds that a condition of
supervision has not been fulfilled, the court may proceed to
findings, and adjudication, and disposition or adjudication
and disposition. The filing of a petition for violation of a
condition of the continuance under supervision shall toll the
period of continuance under supervision until the final
determination of the charge, and the term of the continuance

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under supervision shall not run until the hearing and
disposition of the petition for violation; provided where the
petition alleges conduct that does not constitute a criminal
offense, the hearing must be held within 30 days of the filing
of the petition unless a delay shall continue the tolling of
the period of continuance under supervision for the period of
the delay.
(8) When a hearing in which a minor is alleged to be a
delinquent for reasons that include a violation of Section
21-1.3 of the Criminal Code of 1961 or the Criminal Code of
2012 is continued under this Section, the court shall, as a
condition of the continuance under supervision, require the
minor to perform community service for not less than 30 and not
more than 120 hours, if community service is available in the
jurisdiction. The community service shall include, but need not
be limited to, the cleanup and repair of the damage that was
caused by the alleged violation or similar damage to property
located in the municipality or county in which the alleged
violation occurred. The condition may be in addition to any
other condition.
(8.5) When a hearing in which a minor is alleged to be a
delinquent for reasons that include a violation of Section 3.02
or Section 3.03 of the Humane Care for Animals Act or paragraph
(d) of subsection (1) of Section 21-1 of the Criminal Code of
1961 or paragraph (4) of subsection (a) of Section 21-1 or the
Criminal Code of 2012 is continued under this Section, the

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court shall, as a condition of the continuance under
supervision, require the minor to 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.
(9) When a hearing in which a minor is alleged to be a
delinquent is continued under this Section, the court, before
continuing the case, shall make a finding whether the offense
alleged to have been committed either: (i) was related to or in
furtherance of the activities of an organized gang or was
motivated by the minor's membership in or allegiance to an
organized gang, or (ii) is a violation of paragraph (13) of
subsection (a) of Section 12-2 or paragraph (2) of subsection
(c) of Section 12-2 of the Criminal Code of 1961 or the
Criminal Code of 2012, a violation of any Section of Article 24
of the Criminal Code of 1961 or the Criminal Code of 2012, or a
violation of any statute that involved the unlawful use of a
firearm. If the court determines the question in the
affirmative the court shall, as a condition of the continuance
under supervision and as part of or in addition to any other
condition of the supervision, require the minor to perform
community service for not less than 30 hours, provided that
community service is available in the jurisdiction and is
funded and approved by the county board of the county where the
offense was committed. The community service shall include, but
need not be limited to, the cleanup and repair of any damage

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caused by an alleged violation of Section 21-1.3 of the
Criminal Code of 1961 or the Criminal Code of 2012 and similar
damage to property located in the municipality or county in
which the alleged violation occurred. When possible and
reasonable, the community service shall be performed in the
minor's neighborhood. For the purposes of this Section,
"organized gang" has the meaning ascribed to it in Section 10
of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(10) The court shall impose upon a minor placed on
supervision, as a condition of the supervision, a fee of $50
for each month of supervision ordered by the court, unless
after determining the inability of the minor placed on
supervision to pay the fee, the court assesses a lesser amount.
The court may not impose the fee on a minor who is made a ward
of the State under this Act while the minor is in placement.
The fee shall be imposed only upon a minor who is actively
supervised by the probation and court services department. A
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.
(11) If a minor is placed on supervision for a violation of
subsection (a-7) of Section 1 of the Prevention of Tobacco Use
by Minors Act, the court may, in its discretion, and upon
recommendation by the State's Attorney, order that minor and
his or her parents or legal guardian to attend a smoker's
education or youth diversion program as defined in that Act if
that program is available in the jurisdiction where the

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offender resides. Attendance at a smoker's education or youth
diversion program shall be time-credited against any community
service time imposed for any first violation of subsection
(a-7) of Section 1 of that Act. In addition to any other
penalty that the court may impose for a violation of subsection
(a-7) of Section 1 of that Act, the court, upon request by the
State's Attorney, may in its discretion require the offender to
remit a fee for his or her attendance at a smoker's education
or youth diversion program.
For purposes of this Section, "smoker's education program"
or "youth diversion program" includes, but is not limited to, a
seminar designed to educate a person on the physical and
psychological effects of smoking tobacco products and the
health consequences of smoking tobacco products that can be
conducted with a locality's youth diversion program.
In addition to any other penalty that the court may impose
under this subsection (11):
(a) If a minor violates subsection (a-7) of Section 1
of the Prevention of Tobacco Use by Minors Act, the court
may impose a sentence of 15 hours of community service or a
fine of $25 for a first violation.
(b) A second violation by a minor of subsection (a-7)
of Section 1 of that Act that occurs within 12 months after
the first violation is punishable by a fine of $50 and 25
hours of community service.
(c) A third or subsequent violation by a minor of

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subsection (a-7) of Section 1 of that Act that occurs
within 12 months after the first violation is punishable by
a $100 fine and 30 hours of community service.
(d) Any second or subsequent violation not within the
12-month time period after the first violation is
punishable as provided for a first violation.
(Source: P.A. 96-179, eff. 8-10-09; 96-1414, eff. 1-1-11;
97-1150, eff. 1-25-13.)