Bill Text: IL SB1307 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Juvenile Court Act of 1987. Provides that the court may require the biological parents of a delinquent minor to undergo counseling.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2013-01-08 - Session Sine Die [SB1307 Detail]

Download: Illinois-2011-SB1307-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB1307 Introduced 2/8/2011, by Sen. Martin A. Sandoval SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-310
705 ILCS 405/5-407
705 ILCS 405/5-710
Amends the Juvenile Court Act of 1987. Provides that the court may require the biological parents of a delinquent minor to undergo counseling.
LRB097 09773 RLC 49914 b
A BILL FOR
SB1307 LRB097 09773 RLC 49914 b
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 Sections 5-310, 5-407, and 5-710 as follows:
(705 ILCS 405/5-310)
Sec. 5-310. Community mediation program.
(1) Program purpose. The purpose of community mediation is
to provide a system by which minors who commit delinquent acts
may be dealt with in a speedy and informal manner at the
community or neighborhood level. The goal is to make the
juvenile understand the seriousness of his or her actions and
the effect that a crime has on the minor, his or her family,
his or her victim and his or her community. In addition, this
system offers a method to reduce the ever-increasing instances
of delinquent acts while permitting the judicial system to deal
effectively with cases that are more serious in nature.
(2) Community mediation panels. The State's Attorney, or an
entity designated by the State's Attorney, may establish
community mediation programs designed to provide citizen
participation in addressing juvenile delinquency. The State's
Attorney, or his or her designee, shall maintain a list of
qualified persons who have agreed to serve as community

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mediators. To the maximum extent possible, panel membership
shall reflect the social-economic, racial and ethnic make-up of
the community in which the panel sits. The panel shall consist
of members with a diverse background in employment, education
and life experience.
(3) Community mediation cases.
(a) Community mediation programs shall provide one or
more community mediation panels to informally hear cases
that are referred by a police officer as a station
adjustment, or a probation officer as a probation
adjustment, or referred by the State's Attorney as a
diversion from prosecution.
(b) Minors who are offered the opportunity to
participate in the program must admit responsibility for
the offense to be eligible for the program.
(4) Disposition of cases. Subsequent to any hearing held,
the community mediation panel may:
(a) Refer the minor for placement in a community-based
nonresidential program.
(b) Refer the minor or the minor's family, including
the minor's biological parents, to community counseling.
(c) Require the minor to perform up to 100 hours of
community service.
(d) Require the minor to make restitution in money or
in kind in a case involving property damage; however, the
amount of restitution shall not exceed the amount of actual

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damage to property.
(e) Require the minor and his or her parent, guardian,
or legal custodian to undergo an approved screening for
substance abuse or use, or both. If the screening indicates
a need, a drug and alcohol assessment of the minor and his
or her parent, guardian, or legal custodian shall be
conducted by an entity licensed by the Department of Human
Services, as a successor to the Department of Alcoholism
and Substance Abuse. The minor and his or her parent,
guardian, or legal custodian shall adhere to and complete
all recommendations to obtain drug and alcohol treatment
and counseling resulting from the assessment.
(f) Require the minor to attend school.
(g) Require the minor to attend tutorial sessions.
(h) Impose any other restrictions or sanctions that are
designed to encourage responsible and acceptable behavior
and are agreed upon by the participants of the community
mediation proceedings.
(5) The agreement shall run no more than 6 months. All
community mediation panel members and observers are required to
sign the following oath of confidentiality prior to commencing
community mediation proceedings:
"I solemnly swear or affirm that I will not
divulge, either by words or signs, any information
about the case which comes to my knowledge in the
course of a community mediation presentation and that I

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will keep secret all proceedings which may be held in
my presence.
Further, I understand that if I break
confidentiality by telling anyone else the names of
community mediation participants, except for
information pertaining to the community mediation
panelists themselves, or any other specific details of
the case which may identify that juvenile, I will no
longer be able to serve as a community mediation panel
member or observer."
(6) The State's Attorney shall adopt rules and procedures
governing administration of the program.
(Source: P.A. 90-590, eff. 1-1-99.)
(705 ILCS 405/5-407)
Sec. 5-407. Processing of juvenile in possession of a
firearm.
(a) If a law enforcement officer detains a minor pursuant
to Section 10-27.1A of the School Code, the officer shall
deliver the minor to the nearest juvenile officer, in the
manner prescribed by subsection (2) of Section 5-405 of this
Act. The juvenile officer shall deliver the minor without
unnecessary delay to the court or to the place designated by
rule or order of court for the reception of minors. In no event
shall the minor be eligible for any other disposition by the
juvenile police officer, notwithstanding the provisions of

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subsection (3) of Section 5-405 of this Act.
(b) Minors not excluded from this Act's jurisdiction under
subsection (3)(a) of Section 5-130 of this Act shall be brought
before a judicial officer within 40 hours, exclusive of
Saturdays, Sundays, and court-designated holidays, for a
detention hearing to determine whether he or she shall be
further held in custody. If the court finds that there is
probable cause to believe that the minor is a delinquent minor
by virtue of his or her violation of item (4) of subsection (a)
of Section 24-1 of the Criminal Code of 1961 while on school
grounds, that finding shall create a presumption that immediate
and urgent necessity exists under subdivision (2) of Section
5-501 of this Act. Once the presumption of immediate and urgent
necessity has been raised, the burden of demonstrating the lack
of immediate and urgent necessity shall be on any party that is
opposing detention for the minor. Should the court order
detention pursuant to this Section, the minor shall be
detained, pending the results of a court-ordered psychological
evaluation to determine if the minor is a risk to himself,
herself, or others. Upon receipt of the psychological
evaluation, the court shall review the determination regarding
the existence of urgent and immediate necessity. The court
shall consider the psychological evaluation in conjunction
with the other factors identified in subdivision (2) of Section
5-501 of this Act in order to make a de novo determination
regarding whether it is a matter of immediate and urgent

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necessity for the protection of the minor or of the person or
property of another that the minor be detained or placed in a
shelter care facility. In addition to the pre-trial conditions
found in Section 5-505 of this Act, the court may order the
minor and the minor's biological parents to receive counseling
and any other services recommended by the psychological
evaluation as a condition for release of the minor.
(c) Upon making a determination that the student presents a
risk to himself, herself, or others, the court shall issue an
order restraining the student from entering the property of the
school if he or she has been suspended or expelled from the
school as a result of possessing a firearm. The order shall
restrain the student from entering the school and school owned
or leased property, including any conveyance owned, leased, or
contracted by the school to transport students to or from
school or a school-related activity. The order shall remain in
effect until such time as the court determines that the student
no longer presents a risk to himself, herself, or others.
(d) Psychological evaluations ordered pursuant to
subsection (b) of this Section and statements made by the minor
during the course of these evaluations, shall not be admissible
on the issue of delinquency during the course of any
adjudicatory hearing held under this Act.
(e) In this Section:
"School" means any public or private elementary or
secondary school.

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"School grounds" includes the real property comprising any
school, any conveyance owned, leased, or contracted by a school
to transport students to or from school or a school-related
activity, or any public way within 1,000 feet of the real
property comprising any school.
(Source: P.A. 91-11, eff. 6-4-99.)
(705 ILCS 405/5-710)
Sec. 5-710. Kinds of sentencing orders.
(1) The following kinds of sentencing orders may be made in
respect of wards of the court:
(a) Except as provided in Sections 5-805, 5-810, 5-815,
a minor who is found guilty under Section 5-620 may be:
(i) put on probation or conditional discharge and
released to his or her parents, guardian or legal
custodian, provided, however, that any such minor who
is not committed to the Department of Juvenile Justice
under this subsection and who is found to be a
delinquent for an offense which is first degree murder,
a Class X felony, or a forcible felony shall be placed
on probation;
(ii) placed in accordance with Section 5-740, with
or without also being put on probation or conditional
discharge;
(iii) required to undergo a substance abuse
assessment conducted by a licensed provider and

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participate in the indicated clinical level of care;
(iv) placed in the guardianship of the Department
of Children and Family Services, but only if the
delinquent minor is under 15 years of age or, pursuant
to Article II of this Act, a minor for whom an
independent basis of abuse, neglect, or dependency
exists. An independent basis exists when the
allegations or adjudication of abuse, neglect, or
dependency do not arise from the same facts, incident,
or circumstances which give rise to a charge or
adjudication of delinquency;
(v) placed in detention for a period not to exceed
30 days, either as the exclusive order of disposition
or, where appropriate, in conjunction with any other
order of disposition issued under this paragraph,
provided that any such detention shall be in a juvenile
detention home and the minor so detained shall be 10
years of age or older. However, the 30-day limitation
may be extended by further order of the court for a
minor under age 15 committed to the Department of
Children and Family Services if the court finds that
the minor is a danger to himself or others. The minor
shall be given credit on the sentencing order of
detention for time spent in detention under Sections
5-501, 5-601, 5-710, or 5-720 of this Article as a
result of the offense for which the sentencing order

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was imposed. The court may grant credit on a sentencing
order of detention entered under a violation of
probation or violation of conditional discharge under
Section 5-720 of this Article for time spent in
detention before the filing of the petition alleging
the violation. A minor shall not be deprived of credit
for time spent in detention before the filing of a
violation of probation or conditional discharge
alleging the same or related act or acts;
(vi) ordered partially or completely emancipated
in accordance with the provisions of the Emancipation
of Minors Act;
(vii) subject to having his or her driver's license
or driving privileges suspended for such time as
determined by the court but only until he or she
attains 18 years of age;
(viii) put on probation or conditional discharge
and placed in detention under Section 3-6039 of the
Counties Code for a period not to exceed the period of
incarceration permitted by law for adults found guilty
of the same offense or offenses for which the minor was
adjudicated delinquent, and in any event no longer than
upon attainment of age 21; this subdivision (viii)
notwithstanding any contrary provision of the law;
(ix) ordered to undergo a medical or other
procedure to have a tattoo symbolizing allegiance to a

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street gang removed from his or her body; or
(x) placed in electronic home detention under Part
7A of this Article.
(b) A minor found to be guilty may be committed to the
Department of Juvenile Justice under Section 5-750 if the
minor is 13 years of age or older, provided that the
commitment to the Department of Juvenile Justice shall be
made only if a term of incarceration is permitted by law
for adults found guilty of the offense for which the minor
was adjudicated delinquent. The time during which a minor
is in custody before being released upon the request of a
parent, guardian or legal custodian shall be considered as
time spent in detention.
(c) When a minor is found to be guilty for an offense
which is a violation of the Illinois Controlled Substances
Act, the Cannabis Control Act, or the Methamphetamine
Control and Community Protection Act and made a ward of the
court, the court may enter a disposition order requiring
the minor and the minor's biological parents to undergo
assessment, counseling or treatment in a substance abuse
program approved by the Department of Human Services.
(2) Any sentencing order other than commitment to the
Department of Juvenile Justice may provide for protective
supervision under Section 5-725 and may include an order of
protection under Section 5-730.
(3) Unless the sentencing order expressly so provides, it

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does not operate to close proceedings on the pending petition,
but is subject to modification until final closing and
discharge of the proceedings under Section 5-750.
(4) In addition to any other sentence, the court may order
any minor found to be delinquent to make restitution, in
monetary or non-monetary form, under the terms and conditions
of Section 5-5-6 of the Unified Code of Corrections, except
that the "presentencing hearing" referred to in that Section
shall be the sentencing hearing for purposes of this Section.
The parent, guardian or legal custodian of the minor may be
ordered by the court to pay some or all of the restitution on
the minor's behalf, pursuant to the Parental Responsibility
Law. The State's Attorney is authorized to act on behalf of any
victim in seeking restitution in proceedings under this
Section, up to the maximum amount allowed in Section 5 of the
Parental Responsibility Law.
(5) Any sentencing order where the minor is committed or
placed in accordance with Section 5-740 shall provide for the
parents or guardian of the estate of the minor to pay to the
legal custodian or guardian of the person of the minor such
sums as are determined by the custodian or guardian of the
person of the minor as necessary for the minor's needs. The
payments may not exceed the maximum amounts provided for by
Section 9.1 of the Children and Family Services Act.
(6) Whenever the sentencing order requires the minor to
attend school or participate in a program of training, the

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truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code. Notwithstanding
any other provision of this Act, in instances in which
educational services are to be provided to a minor in a
residential facility where the minor has been placed by the
court, costs incurred in the provision of those educational
services must be allocated based on the requirements of the
School Code.
(7) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for a period of time in excess
of that period for which an adult could be committed for the
same act.
(8) A minor found to be guilty for reasons that include a
violation of Section 21-1.3 of the Criminal Code of 1961 shall
be ordered 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 violation or similar damage to property
located in the municipality or county in which the violation
occurred. The order may be in addition to any other order
authorized by this Section.
(8.5) A minor found to be guilty 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

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21-1 of the Criminal Code of 1961 shall be ordered to undergo
medical or psychiatric treatment rendered by a psychiatrist or
psychological treatment rendered by a clinical psychologist.
The order may be in addition to any other order authorized by
this Section.
(9) In addition to any other sentencing order, the court
shall order any minor found to be guilty for an act which would
constitute, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal sexual assault,
aggravated criminal sexual abuse, or criminal sexual abuse if
committed by an adult to undergo medical testing to determine
whether the defendant has any sexually transmissible disease
including a test for infection with human immunodeficiency
virus (HIV) or any other identified causative agency of
acquired immunodeficiency syndrome (AIDS). Any medical test
shall be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily fluids
as well as an examination of the minor's person. Except as
otherwise provided by law, the results of the test shall be
kept strictly confidential by all medical personnel involved in
the testing and must be personally delivered in a sealed
envelope to the judge of the court in which the sentencing
order was entered for the judge's inspection in camera. Acting
in accordance with the best interests of the victim and the
public, the judge shall have the discretion to determine to
whom the results of the testing may be revealed. The court

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shall notify the minor of the results of the test for infection
with the human immunodeficiency virus (HIV). The court shall
also notify the victim if requested by the victim, and if the
victim is under the age of 15 and if requested by the victim's
parents or legal guardian, the court shall notify the victim's
parents or the legal guardian, of the results of the test for
infection with the human immunodeficiency virus (HIV). The
court shall provide information on the availability of HIV
testing and counseling at the Department of Public Health
facilities to all parties to whom the results of the testing
are revealed. The court shall order that the cost of any test
shall be paid by the county and may be taxed as costs against
the minor.
(10) When a court finds a minor to be guilty the court
shall, before entering a sentencing order under this Section,
make a finding whether the offense committed either: (a) was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the minor's membership in or
allegiance to an organized gang, or (b) involved a violation of
subsection (a) of Section 12-7.1 of the Criminal Code of 1961,
a violation of any Section of Article 24 of the Criminal Code
of 1961, or a violation of any statute that involved the
wrongful use of a firearm. If the court determines the question
in the affirmative, and the court does not commit the minor to
the Department of Juvenile Justice, the court shall order the
minor to perform community service for not less than 30 hours

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nor more than 120 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 caused by a violation of
Section 21-1.3 of the Criminal Code of 1961 and similar damage
to property located in the municipality or county in which the
violation occurred. When possible and reasonable, the
community service shall be performed in the minor's
neighborhood. This order shall be in addition to any other
order authorized by this Section except for an order to place
the minor in the custody of the Department of Juvenile Justice.
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.
(11) If the court determines that the offense was committed
in furtherance of the criminal activities of an organized gang,
as provided in subsection (10), and that the offense involved
the operation or use of a motor vehicle or the use of a
driver's license or permit, the court shall notify the
Secretary of State of that determination and of the period for
which the minor shall be denied driving privileges. If, at the
time of the determination, the minor does not hold a driver's
license or permit, the court shall provide that the minor shall
not be issued a driver's license or permit until his or her
18th birthday. If the minor holds a driver's license or permit

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at the time of the determination, the court shall provide that
the minor's driver's license or permit shall be revoked until
his or her 21st birthday, or until a later date or occurrence
determined by the court. If the minor holds a driver's license
at the time of the determination, the court may direct the
Secretary of State to issue the minor a judicial driving
permit, also known as a JDP. The JDP shall be subject to the
same terms as a JDP issued under Section 6-206.1 of the
Illinois Vehicle Code, except that the court may direct that
the JDP be effective immediately.
(12) If a minor is found to be guilty of 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
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.

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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 (12):
(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
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. 95-337, eff. 6-1-08; 95-642, eff. 6-1-08; 95-844,
eff. 8-15-08; 95-876, eff. 8-21-08; 96-179, eff. 8-10-09;
96-293, eff. 1-1-10; 96-1000, eff. 7-2-10.)