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Public Act 91-0332
HB2257 Enrolled LRB9104020REPk
AN ACT to amend the Juvenile Court Act of 1987 by
changing Section 5-615.
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 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.
(2) 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.
(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;
(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;
(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;
(s) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances 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. 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 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 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.
(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 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
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 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 an alleged 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 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 $25
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.
(Source: P.A. 90-590, eff. 1-1-99.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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