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92_SB1058sam001
LRB9203273RCcdam
1 AMENDMENT TO SENATE BILL 1058
2 AMENDMENT NO. . Amend Senate Bill 1058 as follows:
3 on page 1, by replacing lines 5 and 6 with the following:
4 "Section 5. The Juvenile Court Act of 1987 is amended by
5 changing Sections 3-21, 3-24, 4-18, 4-21, and 5-305 as
6 follows:
7 (705 ILCS 405/3-21) (from Ch. 37, par. 803-21)
8 Sec. 3-21. Continuance under supervision. (1) The court
9 may enter an order of continuance under supervision (a) upon
10 an admission or stipulation by the appropriate respondent or
11 minor respondent of the facts supporting the petition and
12 before proceeding to findings and adjudication, or after
13 hearing the evidence at the adjudicatory hearing but before
14 noting in the minutes of proceedings a finding of whether or
15 not the minor is a person requiring authoritative
16 intervention; and (b) in the absence of objection made in
17 open court by the minor, his parent, guardian, custodian,
18 responsible relative, defense attorney or the State's
19 Attorney.
20 (2) If the minor, his parent, guardian, custodian,
21 responsible relative, defense attorney or State's Attorney,
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1 objects in open court to any such continuance and insists
2 upon proceeding to findings and adjudication, the court shall
3 so proceed.
4 (3) Nothing in this Section limits the power of the
5 court to order a continuance of the hearing for the
6 production of additional evidence or for any other proper
7 reason.
8 (4) When a hearing where a minor is alleged to be a
9 minor requiring authoritative intervention is continued
10 pursuant to this Section, the court may permit the minor to
11 remain in his home subject to such conditions concerning his
12 conduct and supervision as the court may require by order.
13 (5) If a petition is filed charging a violation of a
14 condition of the continuance under supervision, the court
15 shall conduct a hearing. If the court finds that such
16 condition of supervision has not been fulfilled the court may
17 proceed to findings and adjudication and disposition. The
18 filing of a petition for violation of a condition of the
19 continuance under supervision shall toll the period of
20 continuance under supervision until the final determination
21 of the charge, and the term of the continuance under
22 supervision shall not run until the hearing and disposition
23 of the petition for violation; provided where the petition
24 alleges conduct that does not constitute a criminal offense,
25 the hearing must be held within 15 days of the filing of the
26 petition unless a delay in such hearing has been occasioned
27 by the minor, in which case the delay shall continue the
28 tolling of the period of continuance under supervision for
29 the period of such delay.
30 (6) The court must impose upon a minor under an order of
31 continuance under supervision or an order of disposition
32 under this Article III, as a condition of the order, a fee of
33 $25 for each month or partial month of supervision with a
34 probation officer. If the court determines the inability of
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1 the minor, or the parent, guardian, or legal custodian of the
2 minor to pay the fee, the court may impose a lesser fee. The
3 court may not impose the fee on a minor who is made a ward of
4 the State under this Act. The fee may be imposed only upon a
5 minor who is actively supervised by the probation and court
6 services department. The fee must be collected by the clerk
7 of the circuit court. The clerk of the circuit court must
8 pay all monies collected from this fee to the county
9 treasurer for deposit into the probation and court services
10 fund under Section 15.1 of the Probation and Probation
11 Officers Act.
12 (Source: P.A. 85-601.)
13 (705 ILCS 405/3-24) (from Ch. 37, par. 803-24)
14 Sec. 3-24. Kinds of dispositional orders.
15 (1) The following kinds of orders of disposition may be
16 made in respect to wards of the court: A minor found to be
17 requiring authoritative intervention under Section 3-3 may be
18 (a) committed to the Department of Children and Family
19 Services, subject to Section 5 of the Children and Family
20 Services Act; (b) placed under supervision and released to
21 his or her parents, guardian or legal custodian; (c) placed
22 in accordance with Section 3-28 with or without also being
23 placed under supervision. Conditions of supervision may be
24 modified or terminated by the court if it deems that the best
25 interests of the minor and the public will be served thereby;
26 (d) ordered partially or completely emancipated in accordance
27 with the provisions of the Emancipation of Mature Minors Act;
28 or (e) subject to having his or her driver's license or
29 driving privilege suspended for such time as determined by
30 the Court but only until he or she attains 18 years of age.
31 (2) Any order of disposition may provide for protective
32 supervision under Section 3-25 and may include an order of
33 protection under Section 3-26.
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1 (3) Unless the order of disposition expressly so
2 provides, it does not operate to close proceedings on the
3 pending petition, but is subject to modification until final
4 closing and discharge of the proceedings under Section 3-32.
5 (4) In addition to any other order of disposition, the
6 court may order any person found to be a minor requiring
7 authoritative intervention under Section 3-3 to make
8 restitution, in monetary or non-monetary form, under the
9 terms and conditions of Section 5-5-6 of the Unified Code of
10 Corrections, except that the "presentence hearing" referred
11 to therein shall be the dispositional hearing for purposes of
12 this Section. The parent, guardian or legal custodian of
13 the minor may pay some or all of such restitution on the
14 minor's behalf.
15 (5) Any order for disposition where the minor is
16 committed or placed in accordance with Section 3-28 shall
17 provide for the parents or guardian of the estate of such
18 minor to pay to the legal custodian or guardian of the person
19 of the minor such sums as are determined by the custodian or
20 guardian of the person of the minor as necessary for the
21 minor's needs. Such payments may not exceed the maximum
22 amounts provided for by Section 9.1 of the Children and
23 Family Services Act.
24 (6) Whenever the order of disposition requires the minor
25 to attend school or participate in a program of training, the
26 truant officer or designated school official shall regularly
27 report to the court if the minor is a chronic or habitual
28 truant under Section 26-2a of the School Code.
29 (7) The court must impose upon a minor under an order of
30 continuance under supervision or an order of disposition
31 under this Article III, as a condition of the order, a fee of
32 $25 for each month or partial month of supervision with a
33 probation officer. If the court determines the inability of
34 the minor, or the parent, guardian, or legal custodian of the
-5- LRB9203273RCcdam
1 minor to pay the fee, the court may impose a lesser fee. The
2 court may not impose the fee on a minor who is made a ward of
3 the State under this Act. The fee may be imposed only upon a
4 minor who is actively supervised by the probation and court
5 services department. The fee must be collected by the clerk
6 of the circuit court. The clerk of the circuit court must
7 pay all monies collected from this fee to the county
8 treasurer for deposit into the probation and court services
9 fund under Section 15.1 of the Probation and Probation
10 Officers Act.
11 (Source: P.A. 89-235, eff. 8-4-95; 90-590, eff. 1-1-99.)
12 (705 ILCS 405/4-18) (from Ch. 37, par. 804-18)
13 Sec. 4-18. Continuance under supervision. (1) The court
14 may enter an order of continuance under supervision (a) upon
15 an admission or stipulation by the appropriate respondent or
16 minor respondent of the facts supporting the petition and
17 before proceeding to findings and adjudication, or after
18 hearing the evidence at the adjudicatory hearing but before
19 noting in the minutes of the proceeding a finding of whether
20 or not the minor is an addict, and (b) in the absence of
21 objection made in open court by the minor, his parent,
22 guardian, custodian, responsible relative, defense attorney
23 or the State's Attorney.
24 (2) If the minor, his parent, guardian, custodian,
25 responsible relative, defense attorney or State's Attorney,
26 objects in open court to any such continuance and insists
27 upon proceeding to findings and adjudication, the court shall
28 so proceed.
29 (3) Nothing in this Section limits the power of the
30 court to order a continuance of the hearing for the
31 production of additional evidence or for any other proper
32 reason.
33 (4) When a hearing is continued pursuant to this
-6- LRB9203273RCcdam
1 Section, the court may permit the minor to remain in his home
2 subject to such conditions concerning his conduct and
3 supervision as the court may require by order.
4 (5) If a petition is filed charging a violation of a
5 condition of the continuance under supervision, the court
6 shall conduct a hearing. If the court finds that such
7 condition of supervision has not been fulfilled the court may
8 proceed to findings and adjudication and disposition. The
9 filing of a petition for violation of a condition of the
10 continuance under supervision shall toll the period of
11 continuance under supervision until the final determination
12 of the charge, and the term of the continuance under
13 supervision shall not run until the hearing and disposition
14 of the petition for violation; provided where the petition
15 alleges conduct that does not constitute a criminal offense,
16 the hearing must be held within 15 days of the filing of the
17 petition unless a delay in such hearing has been occasioned
18 by the minor, in which case the delay shall continue the
19 tolling of the period of continuance under supervision for
20 the period of such delay.
21 (6) The court must impose upon a minor under an order of
22 continuance under supervision or an order of disposition
23 under this Article IV, as a condition of the order, a fee of
24 $25 for each month or partial month of supervision with a
25 probation officer. If the court determines the inability of
26 the minor, or the parent, guardian, or legal custodian of the
27 minor to pay the fee, the court may impose a lesser fee. The
28 court may not impose the fee on a minor who is made a ward of
29 the State under this Act. The fee may be imposed only upon a
30 minor who is actively supervised by the probation and court
31 services department. The fee must be collected by the clerk
32 of the circuit court. The clerk of the circuit court must
33 pay all monies collected from this fee to the county
34 treasurer for deposit into the probation and court services
-7- LRB9203273RCcdam
1 fund under Section 15.1 of the Probation and Probation
2 Officers Act.
3 (Source: P.A. 85-601.)
4 (705 ILCS 405/4-21) (from Ch. 37, par. 804-21)
5 Sec. 4-21. Kinds of dispositional orders.
6 (1) A minor found to be addicted under Section 4-3 may
7 be (a) committed to the Department of Children and Family
8 Services, subject to Section 5 of the Children and Family
9 Services Act; (b) placed under supervision and released to
10 his or her parents, guardian or legal custodian; (c) placed
11 in accordance with Section 4-25 with or without also being
12 placed under supervision. Conditions of supervision may be
13 modified or terminated by the court if it deems that the best
14 interests of the minor and the public will be served thereby;
15 (d) required to attend an approved alcohol or drug abuse
16 treatment or counseling program on an inpatient or outpatient
17 basis instead of or in addition to the disposition otherwise
18 provided for in this paragraph; (e) ordered partially or
19 completely emancipated in accordance with the provisions of
20 the Emancipation of Mature Minors Act; or (f) subject to
21 having his or her driver's license or driving privilege
22 suspended for such time as determined by the Court but only
23 until he or she attains 18 years of age. No disposition
24 under this subsection shall provide for the minor's placement
25 in a secure facility.
26 (2) Any order of disposition may provide for protective
27 supervision under Section 4-22 and may include an order of
28 protection under Section 4-23.
29 (3) Unless the order of disposition expressly so
30 provides, it does not operate to close proceedings on the
31 pending petition, but is subject to modification until final
32 closing and discharge of the proceedings under Section 4-29.
33 (4) In addition to any other order of disposition, the
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1 court may order any minor found to be addicted under this
2 Article as neglected with respect to his or her own injurious
3 behavior, to make restitution, in monetary or non-monetary
4 form, under the terms and conditions of Section 5-5-6 of the
5 Unified Code of Corrections, except that the "presentence
6 hearing" referred to therein shall be the dispositional
7 hearing for purposes of this Section. The parent, guardian
8 or legal custodian of the minor may pay some or all of such
9 restitution on the minor's behalf.
10 (5) Any order for disposition where the minor is placed
11 in accordance with Section 4-25 shall provide for the parents
12 or guardian of the estate of such minor to pay to the legal
13 custodian or guardian of the person of the minor such sums as
14 are determined by the custodian or guardian of the person of
15 the minor as necessary for the minor's needs. Such payments
16 may not exceed the maximum amounts provided for by Section
17 9.1 of the Children and Family Services Act.
18 (6) Whenever the order of disposition requires the minor
19 to attend school or participate in a program of training, the
20 truant officer or designated school official shall regularly
21 report to the court if the minor is a chronic or habitual
22 truant under Section 26-2a of the School Code.
23 (7) The court must impose upon a minor under an order of
24 continuance under supervision or an order of disposition
25 under this Article IV, as a condition of the order, a fee of
26 $25 for each month or partial month of supervision with a
27 probation officer. If the court determines the inability of
28 the minor, or the parent, guardian, or legal custodian of the
29 minor to pay the fee, the court may impose a lesser fee. The
30 court may not impose the fee on a minor who is made a ward of
31 the State under this Act. The fee may be imposed only upon a
32 minor who is actively supervised by the probation and court
33 services department. The fee must be collected by the clerk
34 of the circuit court. The clerk of the circuit court must
-9- LRB9203273RCcdam
1 pay all monies collected from this fee to the county
2 treasurer for deposit into the probation and court services
3 fund under Section 15.1 of the Probation and Probation
4 Officers Act.
5 (Source: P.A. 89-202, eff. 7-21-95; 89-235, eff. 8-4-95;
6 89-626, eff. 8-9-96; 90-590, eff. 1-1-99.)".