103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0990

Introduced , by Rep. Anthony DeLuca

SYNOPSIS AS INTRODUCED:

`705 ILCS 405/5-715`
`705 ILCS 405/5-750`

Amends the Juvenile Court Act of 1987. Provides that if the minor (1) has previously been placed on probation for an offense that involves the possession or discharge of a firearm not causing any injury; and (2) is convicted of a subsequent offense involving the possession or discharge of a firearm not causing any injury, then the court shall require the minor to participate in social service programs offered through juvenile probation and comply with referral recommendations for no less than 3 months. Provides that if the minor does not complete the referral recommendations, the court shall commit the minor to the Department of Juvenile Justice to complete the recommended services. Provides that a minor convicted of a subsequent offense involving the use of a firearm causing serious injury, great bodily harm, or death shall be committed to the Department of Juvenile Justice with the Department providing services, including, but not limited to, education, mental health services, drug treatment, and mentoring.

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A BILL FOR

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1 AN ACT concerning courts.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Juvenile Court Act of 1987 is amended by

5 changing Sections 5-715 and 5-750 as follows:

6 (705 ILCS 405/5-715)

7 Sec. 5-715. Probation.

8 (1) The period of probation or conditional discharge shall

9 not exceed 5 years or until the minor has attained the age of

10 21 years, whichever is less, except as provided in this

11 Section for a minor who is found to be guilty for an offense

12 which is first degree murder. The juvenile court may terminate

13 probation or conditional discharge and discharge the minor at

14 any time if warranted by the conduct of the minor and the ends

15 of justice; provided, however, that the period of probation

16 for a minor who is found to be guilty for an offense which is

17 first degree murder shall be at least 5 years.

18 (1.5) The period of probation for a minor who is found

19 guilty of aggravated criminal sexual assault, criminal sexual

20 assault, or aggravated battery with a firearm shall be at

21 least 36 months. The period of probation for a minor who is

22 found to be guilty of any other Class X felony shall be at

23 least 24 months. The period of probation for a Class 1 or Class

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1 2 forcible felony shall be at least 18 months. Regardless of

2 the length of probation ordered by the court, for all offenses

3 under this paragraph (1.5), the court shall schedule hearings

4 to determine whether it is in the best interest of the minor

5 and public safety to terminate probation after the minimum

6 period of probation has been served. In such a hearing, there

7 shall be a rebuttable presumption that it is in the best

8 interest of the minor and public safety to terminate

9 probation.

10 (2) The court may as a condition of probation or of

11 conditional discharge require that the minor:

12 (a) not violate any criminal statute of any

13 jurisdiction;

14 (b) make a report to and appear in person before any

15 person or agency as directed by the court;

16 (c) work or pursue a course of study or vocational

17 training;

18 (d) undergo medical or psychiatric treatment, rendered

19 by a psychiatrist or psychological treatment rendered by a

20 clinical psychologist or social work services rendered by

21 a clinical social worker, or treatment for drug addiction

22 or alcoholism;

23 (e) attend or reside in a facility established for the

24 instruction or residence of persons on probation;

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

26 (g) refrain from possessing a firearm or other

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1 dangerous weapon, or an automobile;

2 (h) permit the probation officer to visit him or her

3 at his or her home or elsewhere;

4 (i) reside with his or her parents or in a foster home;

5 (j) attend school;

6 (j-5) with the consent of the superintendent of the

7 facility, attend an educational program at a facility

8 other than the school in which the offense was committed

9 if he or she committed a crime of violence as defined in

10 Section 2 of the Crime Victims Compensation Act in a

11 school, on the real property comprising a school, or

12 within 1,000 feet of the real property comprising a

13 school;

14 (k) attend a non-residential program for youth;

15 (l) make restitution under the terms of subsection (4)

16 of Section 5-710;

17 (m) contribute to his or her own support at home or in

18 a foster home;

19 (n) perform some reasonable public or community

20 service;

21 (o) participate with community corrections programs

22 including unified delinquency intervention services

23 administered by the Department of Human Services subject

24 to Section 5 of the Children and Family Services Act;

25 (p) pay costs;

26 (q) serve a term of home confinement. In addition to

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1 any other applicable condition of probation or conditional

2 discharge, the conditions of home confinement shall be

3 that the minor:

4 (i) remain within the interior premises of the

5 place designated for his or her confinement during the

6 hours designated by the court;

7 (ii) admit any person or agent designated by the

8 court into the minor's place of confinement at any

9 time for purposes of verifying the minor's compliance

10 with the conditions of his or her confinement; and

11 (iii) use an approved electronic monitoring device

12 if ordered by the court subject to Article 8A of

13 Chapter V of the Unified Code of Corrections;

14 (r) refrain from entering into a designated geographic

15 area except upon terms as the court finds appropriate. The

16 terms may include consideration of the purpose of the

17 entry, the time of day, other persons accompanying the

18 minor, and advance approval by a probation officer, if the

19 minor has been placed on probation, or advance approval by

20 the court, if the minor has been placed on conditional

21 discharge;

22 (s) refrain from having any contact, directly or

23 indirectly, with certain specified persons or particular

24 types of persons, including but not limited to members of

25 street gangs and drug users or dealers;

26 (s-5) undergo a medical or other procedure to have a

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1 tattoo symbolizing allegiance to a street gang removed

2 from his or her body;

3 (t) refrain from having in his or her body the

4 presence of any illicit drug prohibited by the Cannabis

5 Control Act, the Illinois Controlled Substances Act, or

6 the Methamphetamine Control and Community Protection Act,

7 unless prescribed by a physician, and shall submit samples

8 of his or her blood or urine or both for tests to determine

9 the presence of any illicit drug; or

10 (u) comply with other conditions as may be ordered by

11 the court.

12 (3) The court may as a condition of probation or of

13 conditional discharge require that a minor found guilty on any

14 alcohol, cannabis, methamphetamine, or controlled substance

15 violation, refrain from acquiring a driver's license during

16 the period of probation or conditional discharge. If the minor

17 is in possession of a permit or license, the court may require

18 that the minor refrain from driving or operating any motor

19 vehicle during the period of probation or conditional

20 discharge, except as may be necessary in the course of the

21 minor's lawful employment.

22 (3.5) The court shall, as a condition of probation or of

23 conditional discharge, require that a minor found to be guilty

24 and placed on probation for reasons that include a violation

25 of Section 3.02 or Section 3.03 of the Humane Care for Animals

26 Act or paragraph (4) of subsection (a) of Section 21-1 of the

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1 Criminal Code of 2012 undergo medical or psychiatric treatment

2 rendered by a psychiatrist or psychological treatment rendered

3 by a clinical psychologist. The condition may be in addition

4 to any other condition.

5 (3.10) The court shall order that a minor placed on

6 probation or conditional discharge for a sex offense as

7 defined in the Sex Offender Management Board Act undergo and

8 successfully complete sex offender treatment. The treatment

9 shall be in conformance with the standards developed under the

10 Sex Offender Management Board Act and conducted by a treatment

11 provider approved by the Board. The treatment shall be at the

12 expense of the person evaluated based upon that person's

13 ability to pay for the treatment.

14 (4) A minor on probation or conditional discharge shall be

15 given a certificate setting forth the conditions upon which he

16 or she is being released.

17 (5) The court shall impose upon a minor placed on

18 probation or conditional discharge, as a condition of the

19 probation or conditional discharge, a fee of $50 for each

20 month of probation or conditional discharge supervision

21 ordered by the court, unless after determining the inability

22 of the minor placed on probation or conditional discharge to

23 pay the fee, the court assesses a lesser amount. The court may

24 not impose the fee on a minor who is placed in the guardianship

25 or custody of the Department of Children and Family Services

26 under this Act while the minor is in placement. The fee shall

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1 be imposed only upon a minor who is actively supervised by the

2 probation and court services department. The court may order

3 the parent, guardian, or legal custodian of the minor to pay

4 some or all of the fee on the minor's behalf.

5 (5.5) Jurisdiction over an offender may be transferred

6 from the sentencing court to the court of another circuit with

7 the concurrence of both courts. Further transfers or

8 retransfers of jurisdiction are also authorized in the same

9 manner. The court to which jurisdiction has been transferred

10 shall have the same powers as the sentencing court. The

11 probation department within the circuit to which jurisdiction

12 has been transferred, or which has agreed to provide

13 supervision, may impose probation fees upon receiving the

14 transferred offender, as provided in subsection (i) of Section

15 5-6-3 of the Unified Code of Corrections. For all transfer

16 cases, as defined in Section 9b of the Probation and Probation

17 Officers Act, the probation department from the original

18 sentencing court shall retain all probation fees collected

19 prior to the transfer. After the transfer, all probation fees

20 shall be paid to the probation department within the circuit

21 to which jurisdiction has been transferred.

22 If the transfer case originated in another state and has

23 been transferred under the Interstate Compact for Juveniles to

24 the jurisdiction of an Illinois circuit court for supervision

25 by an Illinois probation department, probation fees may be

26 imposed only if permitted by the Interstate Commission for

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1 Juveniles.

2 (6) The General Assembly finds that in order to protect

3 the public, the juvenile justice system must compel compliance

4 with the conditions of probation by responding to violations

5 with swift, certain, and fair punishments and intermediate

6 sanctions. The Chief Judge of each circuit shall adopt a

7 system of structured, intermediate sanctions for violations of

8 the terms and conditions of a sentence of supervision,

9 probation or conditional discharge, under this Act.

10 The court shall provide as a condition of a disposition of

11 probation, conditional discharge, or supervision, that the

12 probation agency may invoke any sanction from the list of

13 intermediate sanctions adopted by the chief judge of the

14 circuit court for violations of the terms and conditions of

15 the sentence of probation, conditional discharge, or

16 supervision, subject to the provisions of Section 5-720 of

17 this Act.

18 (7) The court shall require a minor to participate in

19 social service programs offered through juvenile probation and

20 comply with referral recommendations for no less than 3 months

21 if the minor:

22 (i) has previously been placed on probation for an

23 offense that involves the possession or discharge of a

24 firearm not causing any injury; and

25 (ii) is convicted of a subsequent offense involving

26 the possession or discharge of a firearm not causing any

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1 injury.

2 If the minor does not complete the referral

3 recommendations, the court shall commit the minor to the

4 Department of Juvenile Justice to complete the recommended

5 services.

6 (Source: P.A. 99-879, eff. 1-1-17; 100-159, eff. 8-18-17.)

7 (705 ILCS 405/5-750)

8 Sec. 5-750. Commitment to the Department of Juvenile

9 Justice.

10 (1) Except as provided in subsection (2) of this Section,

11 when any delinquent has been adjudged a ward of the court under

12 this Act, the court may commit him or her to the Department of

13 Juvenile Justice, if it finds that (a) his or her parents,

14 guardian or legal custodian are unfit or are unable, for some

15 reason other than financial circumstances alone, to care for,

16 protect, train or discipline the minor, or are unwilling to do

17 so, and the best interests of the minor and the public will not

18 be served by placement under Section 5-740, or it is necessary

19 to ensure the protection of the public from the consequences

20 of criminal activity of the delinquent; and (b) commitment to

21 the Department of Juvenile Justice is the least restrictive

22 alternative based on evidence that efforts were made to locate

23 less restrictive alternatives to secure confinement and the

24 reasons why efforts were unsuccessful in locating a less

25 restrictive alternative to secure confinement. Before the

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1 court commits a minor to the Department of Juvenile Justice,

2 it shall make a finding that secure confinement is necessary,

3 following a review of the following individualized factors:

4 (A) Age of the minor.

5 (B) Criminal background of the minor.

6 (C) Review of results of any assessments of the minor,

7 including child centered assessments such as the CANS.

8 (D) Educational background of the minor, indicating

9 whether the minor has ever been assessed for a learning

10 disability, and if so what services were provided as well

11 as any disciplinary incidents at school.

12 (E) Physical, mental and emotional health of the

13 minor, indicating whether the minor has ever been

14 diagnosed with a health issue and if so what services were

15 provided and whether the minor was compliant with

16 services.

17 (F) Community based services that have been provided

18 to the minor, and whether the minor was compliant with the

19 services, and the reason the services were unsuccessful.

20 (G) Services within the Department of Juvenile Justice

21 that will meet the individualized needs of the minor.

22 (1.5) Before the court commits a minor to the Department

23 of Juvenile Justice, the court must find reasonable efforts

24 have been made to prevent or eliminate the need for the minor

25 to be removed from the home, or reasonable efforts cannot, at

26 this time, for good cause, prevent or eliminate the need for

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1 removal, and removal from home is in the best interests of the

2 minor, the minor's family, and the public.

3 (2) When a minor of the age of at least 13 years is

4 adjudged delinquent for the offense of first degree murder,

5 the court shall declare the minor a ward of the court and order

6 the minor committed to the Department of Juvenile Justice

7 until the minor's 21st birthday, without the possibility of

8 aftercare release, furlough, or non-emergency authorized

9 absence for a period of 5 years from the date the minor was

10 committed to the Department of Juvenile Justice, except that

11 the time that a minor spent in custody for the instant offense

12 before being committed to the Department of Juvenile Justice

13 shall be considered as time credited towards that 5 year

14 period. Upon release from a Department facility, a minor

15 adjudged delinquent for first degree murder shall be placed on

16 aftercare release until the age of 21, unless sooner

17 discharged from aftercare release or custodianship is

18 otherwise terminated in accordance with this Act or as

19 otherwise provided for by law. Nothing in this subsection (2)

20 shall preclude the State's Attorney from seeking to prosecute

21 a minor as an adult as an alternative to proceeding under this

22 Act.

23 (2.5) A minor convicted of a subsequent offense involving

24 the use or possession of a firearm causing serious injury,

25 great bodily harm, or death shall be confined to the

26 Department of Juvenile Justice with the Department providing

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1 services, including, but not limited to, education, mental

2 health services, drug treatment, and mentoring.

3 (3) Except as provided in subsections ~~subsection~~ (2) and

4 (2.5), the commitment of a delinquent to the Department of

5 Juvenile Justice shall be for an indeterminate term which

6 shall automatically terminate upon the delinquent attaining

7 the age of 21 years or upon completion of that period for which

8 an adult could be committed for the same act, whichever occurs

9 sooner, unless the delinquent is sooner discharged from

10 aftercare release or custodianship is otherwise terminated in

11 accordance with this Act or as otherwise provided for by law.

12 (3.5) Every delinquent minor committed to the Department

13 of Juvenile Justice under this Act shall be eligible for

14 aftercare release without regard to the length of time the

15 minor has been confined or whether the minor has served any

16 minimum term imposed. Aftercare release shall be administered

17 by the Department of Juvenile Justice, under the direction of

18 the Director. Unless sooner discharged, the Department of

19 Juvenile Justice shall discharge a minor from aftercare

20 release upon completion of the following aftercare release

21 terms:

22 (a) One and a half years from the date a minor is

23 released from a Department facility, if the minor was

24 committed for a Class X felony;

25 (b) One year from the date a minor is released from a

26 Department facility, if the minor was committed for a

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1 Class 1 or 2 felony; and

2 (c) Six months from the date a minor is released from a

3 Department facility, if the minor was committed for a

4 Class 3 felony or lesser offense.

5 (4) When the court commits a minor to the Department of

6 Juvenile Justice, it shall order him or her conveyed forthwith

7 to the appropriate reception station or other place designated

8 by the Department of Juvenile Justice, and shall appoint the

9 Director of Juvenile Justice legal custodian of the minor. The

10 clerk of the court shall issue to the Director of Juvenile

11 Justice a certified copy of the order, which constitutes proof

12 of the Director's authority. No other process need issue to

13 warrant the keeping of the minor.

14 (5) If a minor is committed to the Department of Juvenile

15 Justice, the clerk of the court shall forward to the

16 Department:

17 (a) the sentencing order and copies of committing

18 petition;

19 (b) all reports;

20 (c) the court's statement of the basis for ordering

21 the disposition;

22 (d) any sex offender evaluations;

23 (e) any risk assessment or substance abuse treatment

24 eligibility screening and assessment of the minor by an

25 agent designated by the State to provide assessment

26 services for the courts;

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1 (f) the number of days, if any, which the minor has

2 been in custody and for which he or she is entitled to

3 credit against the sentence, which information shall be

4 provided to the clerk by the sheriff;

5 (g) any medical or mental health records or summaries

6 of the minor;

7 (h) the municipality where the arrest of the minor

8 occurred, the commission of the offense occurred, and the

9 minor resided at the time of commission;

10 (h-5) a report detailing the minor's criminal history

11 in a manner and form prescribed by the Department of

12 Juvenile Justice;

13 (i) all additional matters which the court directs the

14 clerk to transmit; and

15 (j) all police reports for sex offenses as defined by

16 the Sex Offender Management Board Act.

17 (6) Whenever the Department of Juvenile Justice lawfully

18 discharges from its custody and control a minor committed to

19 it, the Director of Juvenile Justice shall petition the court

20 for an order terminating his or her custodianship. The

21 custodianship shall terminate automatically 30 days after

22 receipt of the petition unless the court orders otherwise.

23 (7) If, while on aftercare release, a minor committed to

24 the Department of Juvenile Justice who resides in this State

25 is charged under the criminal laws of this State, the criminal

26 laws of any other state, or federal law with an offense that

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1 could result in a sentence of imprisonment within the

2 Department of Corrections, the penal system of any state, or

3 the federal Bureau of Prisons, the commitment to the

4 Department of Juvenile Justice and all rights and duties

5 created by that commitment are automatically suspended pending

6 final disposition of the criminal charge. If the minor is

7 found guilty of the criminal charge and sentenced to a term of

8 imprisonment in the penitentiary system of the Department of

9 Corrections, the penal system of any state, or the federal

10 Bureau of Prisons, the commitment to the Department of

11 Juvenile Justice shall be automatically terminated. If the

12 criminal charge is dismissed, the minor is found not guilty,

13 or the minor completes a criminal sentence other than

14 imprisonment within the Department of Corrections, the penal

15 system of any state, or the federal Bureau of Prisons, the

16 previously imposed commitment to the Department of Juvenile

17 Justice and the full aftercare release term shall be

18 automatically reinstated unless custodianship is sooner

19 terminated. Nothing in this subsection (7) shall preclude the

20 court from ordering another sentence under Section 5-710 of

21 this Act or from terminating the Department's custodianship

22 while the commitment to the Department is suspended.

23 (Source: P.A. 101-159, eff. 1-1-20; 102-350, eff. 8-13-21.)