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91_HB2257eng HB2257 Engrossed LRB9104020REPk 1 AN ACT to amend the Juvenile Court Act of 1987 by 2 changing Section 5-615. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Juvenile Court Act of 1987 is amended by 6 changing Section 5-615 as follows: 7 (705 ILCS 405/5-615) 8 Sec. 5-615. Continuance under supervision. 9 (1) The court may enter an order of continuance under 10 supervision for an offense other than first degree murder, a 11 Class X felony or a forcible felony (a) upon an admission or 12 stipulation by the appropriate respondent or minor respondent 13 of the facts supporting the petition and before proceeding to 14 adjudication, or after hearing the evidence at the trial, and 15 (b) in the absence of objection made in open court by the 16 minor, his or her parent, guardian, or legal custodian, the 17 minor's attorney or the State's Attorney. 18 (2) If the minor, his or her parent, guardian, or legal 19 custodian, the minor's attorney or State's Attorney objects 20 in open court to any continuance and insists upon proceeding 21 to findings and adjudication, the court shall so proceed. 22 (3) Nothing in this Section limits the power of the 23 court to order a continuance of the hearing for the 24 production of additional evidence or for any other proper 25 reason. 26 (4) When a hearing where a minor is alleged to be a 27 delinquent is continued pursuant to this Section, the period 28 of continuance under supervision may not exceed 24 months. 29 The court may terminate a continuance under supervision at 30 any time if warranted by the conduct of the minor and the 31 ends of justice. HB2257 Engrossed -2- LRB9104020REPk 1 (5) When a hearing where a minor is alleged to be 2 delinquent is continued pursuant to this Section, the court 3 may, as conditions of the continuance under supervision, 4 require the minor to do any of the following: 5 (a) not violate any criminal statute of any 6 jurisdiction; 7 (b) make a report to and appear in person before 8 any person or agency as directed by the court; 9 (c) work or pursue a course of study or vocational 10 training; 11 (d) undergo medical or psychotherapeutic treatment 12 rendered by a therapist licensed under the provisions of 13 the Medical Practice Act of 1987, the Clinical 14 Psychologist Licensing Act, or the Clinical Social Work 15 and Social Work Practice Act, or an entity licensed by 16 the Department of Human Services as a successor to the 17 Department of Alcoholism and Substance Abuse, for the 18 provision of drug addiction and alcoholism treatment; 19 (e) attend or reside in a facility established for 20 the instruction or residence of persons on probation; 21 (f) support his or her dependents, if any; 22 (g) pay costs; 23 (h) refrain from possessing a firearm or other 24 dangerous weapon, or an automobile; 25 (i) permit the probation officer to visit him or 26 her at his or her home or elsewhere; 27 (j) reside with his or her parents or in a foster 28 home; 29 (k) attend school; 30 (l) attend a non-residential program for youth; 31 (m) contribute to his or her own support at home or 32 in a foster home; 33 (n) perform some reasonable public or community 34 service; HB2257 Engrossed -3- LRB9104020REPk 1 (o) make restitution to the victim, in the same 2 manner and under the same conditions as provided in 3 subsection (4) of Section 5-710, except that the 4 "sentencing hearing" referred to in that Section shall be 5 the adjudicatory hearing for purposes of this Section; 6 (p) comply with curfew requirements as designated 7 by the court; 8 (q) refrain from entering into a designated 9 geographic area except upon terms as the court finds 10 appropriate. The terms may include consideration of the 11 purpose of the entry, the time of day, other persons 12 accompanying the minor, and advance approval by a 13 probation officer; 14 (r) refrain from having any contact, directly or 15 indirectly, with certain specified persons or particular 16 types of persons, including but not limited to members of 17 street gangs and drug users or dealers; 18 (s) refrain from having in his or her body the 19 presence of any illicit drug prohibited by the Cannabis 20 Control Act or the Illinois Controlled Substances Act, 21 unless prescribed by a physician, and submit samples of 22 his or her blood or urine or both for tests to determine 23 the presence of any illicit drug; or 24 (t) comply with any other conditions as may be 25 ordered by the court. 26 (6) A minor whose case is continued under supervision 27 under subsection (5) shall be given a certificate setting 28 forth the conditions imposed by the court. Those conditions 29 may be reduced, enlarged, or modified by the court on motion 30 of the probation officer or on its own motion, or that of the 31 State's Attorney, or, at the request of the minor after 32 notice and hearing. 33 (7) If a petition is filed charging a violation of a 34 condition of the continuance under supervision, the court HB2257 Engrossed -4- LRB9104020REPk 1 shall conduct a hearing. If the court finds that a condition 2 of supervision has not been fulfilled, the court may proceed 3 to findings and adjudication and disposition. The filing of 4 a petition for violation of a condition of the continuance 5 under supervision shall toll the period of continuance under 6 supervision until the final determination of the charge, and 7 the term of the continuance under supervision shall not run 8 until the hearing and disposition of the petition for 9 violation; provided where the petition alleges conduct that 10 does not constitute a criminal offense, the hearing must be 11 held within 30 days of the filing of the petition unless a 12 delay shall continue the tolling of the period of continuance 13 under supervision for the period of the delay. 14 (8) When a hearing in which a minor is alleged to be a 15 delinquent for reasons that include a violation of Section 16 21-1.3 of the Criminal Code of 1961 is continued under this 17 Section, the court shall, as a condition of the continuance 18 under supervision, require the minor to perform community 19 service for not less than 30 and not more than 120 hours, if 20 community service is available in the jurisdiction. The 21 community service shall include, but need not be limited to, 22 the cleanup and repair of the damage that was caused by the 23 alleged violation or similar damage to property located in 24 the municipality or county in which the alleged violation 25 occurred. The condition may be in addition to any other 26 condition. 27 (9) When a hearing in which a minor is alleged to be a 28 delinquent is continued under this Section, the court, before 29 continuing the case, shall make a finding whether the offense 30 alleged to have been committed either: (i) was related to or 31 in furtherance of the activities of an organized gang or was 32 motivated by the minor's membership in or allegiance to an 33 organized gang, or (ii) is a violation of paragraph (13) of 34 subsection (a) of Section 12-2 of the Criminal Code of 1961, HB2257 Engrossed -5- LRB9104020REPk 1 a violation of any Section of Article 24 of the Criminal Code 2 of 1961, or a violation of any statute that involved the 3 unlawful use of a firearm. If the court determines the 4 question in the affirmative the court shall, as a condition 5 of the continuance under supervision and as part of or in 6 addition to any other condition of the supervision, require 7 the minor to perform community service for not less than 30 8 hoursnor more than 120 hours, provided that community 9 service is available in the jurisdiction and is funded and 10 approved by the county board of the county where the offense 11 was committed. The community service shall include, but need 12 not be limited to, the cleanup and repair of any damage 13 caused by an alleged violation of Section 21-1.3 of the 14 Criminal Code of 1961 and similar damage to property located 15 in the municipality or county in which the alleged violation 16 occurred. When possible and reasonable, the community 17 service shall be performed in the minor's neighborhood. For 18 the purposes of this Section, "organized gang" has the 19 meaning ascribed to it in Section 10 of the Illinois 20 Streetgang Terrorism Omnibus Prevention Act. 21 (10) The court shall impose upon a minor placed on 22 supervision, as a condition of the supervision, a fee of $25 23 for each month of supervision ordered by the court, unless 24 after determining the inability of the minor placed on 25 supervision to pay the fee, the court assesses a lesser 26 amount. The court may not impose the fee on a minor who is 27 made a ward of the State under this Act while the minor is in 28 placement. The fee shall be imposed only upon a minor who is 29 actively supervised by the probation and court services 30 department. A court may order the parent, guardian, or legal 31 custodian of the minor to pay some or all of the fee on the 32 minor's behalf. 33 (Source: P.A. 90-590, eff. 1-1-99.) HB2257 Engrossed -6- LRB9104020REPk 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.