HB4091: JUV CT-SUBSEQ FIREARM OFFENSE

HB4091 Enrolled LRB104 14520 RLC 27660 b 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 Section 5-715 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 HB4091 Enrolled - 2 - LRB104 14520 RLC 27660 b 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 subsection (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 the minor's dependents, if any; 26 (g) refrain from possessing a firearm or other HB4091 Enrolled - 3 - LRB104 14520 RLC 27660 b 1 dangerous weapon, or an automobile; 2 (h) permit the probation officer to visit the minor at 3 the minor's home or elsewhere; 4 (i) reside with the minor's parents or in a foster 5 home; 6 (j) attend school; 7 (j-5) with the consent of the superintendent of the 8 facility, attend an educational program at a facility 9 other than the school in which the offense was committed 10 if the minor committed a crime of violence as defined in 11 Section 2 of the Crime Victims Compensation Act in a 12 school, on the real property comprising a school, or 13 within 1,000 feet of the real property comprising a 14 school; 15 (k) attend a non-residential program for youth; 16 (l) make restitution under the terms of subsection (4) 17 of Section 5-710; 18 (m) provide nonfinancial contributions to the minor's 19 own support at home or in a foster home; 20 (n) perform some reasonable public or community 21 service that does not interfere with school hours, 22 school-related activities, or work commitments of the 23 minor or the minor's parent, guardian, or legal custodian; 24 (o) participate with community corrections programs 25 including unified delinquency intervention services 26 administered by the Department of Human Services subject HB4091 Enrolled - 4 - LRB104 14520 RLC 27660 b 1 to Section 5 of the Children and Family Services Act; 2 (p) (blank); 3 (q) serve a term of home confinement. In addition to 4 any other applicable condition of probation or conditional 5 discharge, the conditions of home confinement shall be 6 that the minor: 7 (i) remain within the interior premises of the 8 place designated for the minor's confinement during 9 the hours designated by the court; 10 (ii) admit any person or agent designated by the 11 court into the minor's place of confinement at any 12 time for purposes of verifying the minor's compliance 13 with the conditions of the minor's confinement; and 14 (iii) use an approved electronic monitoring device 15 if ordered by the court subject to Article 8A of 16 Chapter V of the Unified Code of Corrections; 17 (r) refrain from entering into a designated geographic 18 area except upon terms as the court finds appropriate. The 19 terms may include consideration of the purpose of the 20 entry, the time of day, other persons accompanying the 21 minor, and advance approval by a probation officer, if the 22 minor has been placed on probation, or advance approval by 23 the court, if the minor has been placed on conditional 24 discharge; 25 (s) refrain from having any contact, directly or 26 indirectly, with certain specified persons or particular HB4091 Enrolled - 5 - LRB104 14520 RLC 27660 b 1 types of persons, including, but not limited to, members 2 of street gangs and drug users or dealers; 3 (s-5) undergo a medical or other procedure to have a 4 tattoo symbolizing allegiance to a street gang removed 5 from the minor's body; 6 (t) refrain from having in the minor's body the 7 presence of any illicit drug prohibited by the Cannabis 8 Control Act, the Illinois Controlled Substances Act, or 9 the Methamphetamine Control and Community Protection Act, 10 unless prescribed by a physician, and shall submit samples 11 of the minor's blood or urine or both for tests to 12 determine the presence of any illicit drug; or 13 (u) comply with other conditions as may be ordered by 14 the court. 15 (3) The court may as a condition of probation or of 16 conditional discharge require that a minor found guilty on any 17 alcohol, cannabis, methamphetamine, or controlled substance 18 violation, refrain from acquiring a driver's license during 19 the period of probation or conditional discharge. If the minor 20 is in possession of a permit or license, the court may require 21 that the minor refrain from driving or operating any motor 22 vehicle during the period of probation or conditional 23 discharge, except as may be necessary in the course of the 24 minor's lawful employment. 25 (3.5) The court shall, as a condition of probation or of 26 conditional discharge, require that a minor found to be guilty HB4091 Enrolled - 6 - LRB104 14520 RLC 27660 b 1 and placed on probation for reasons that include a violation 2 of Section 3.02 or Section 3.03 of the Humane Care for Animals 3 Act or paragraph (4) of subsection (a) of Section 21-1 of the 4 Criminal Code of 2012 undergo medical or psychiatric treatment 5 rendered by a psychiatrist or psychological treatment rendered 6 by a clinical psychologist. The condition may be in addition 7 to any other condition. 8 (3.10) The court shall order that a minor placed on 9 probation or conditional discharge for a sex offense as 10 defined in the Sex Offender Management Board Act undergo and 11 successfully complete sex offender treatment. The treatment 12 shall be in conformance with the standards developed under the 13 Sex Offender Management Board Act and conducted by a treatment 14 provider approved by the Board. 15 (4) A minor on probation or conditional discharge shall be 16 given a certificate setting forth the conditions upon which 17 the minor is being released. 18 (5) (Blank). 19 (5.5) Jurisdiction over an offender may be transferred 20 from the sentencing court to the court of another circuit with 21 the concurrence of both courts. Further transfers or 22 retransfers of jurisdiction are also authorized in the same 23 manner. The court to which jurisdiction has been transferred 24 shall have the same powers as the sentencing court. 25 If the transfer case originated in another state and has 26 been transferred under the Interstate Compact for Juveniles to HB4091 Enrolled - 7 - LRB104 14520 RLC 27660 b 1 the jurisdiction of an Illinois circuit court for supervision 2 by an Illinois probation department, probation fees may be 3 imposed only if permitted by the Interstate Commission for 4 Juveniles. 5 (6) The General Assembly finds that in order to protect 6 the public, the juvenile justice system must compel compliance 7 with the conditions of probation by responding to violations 8 with swift, certain, and fair punishments and intermediate 9 sanctions. The Chief Judge of each circuit shall adopt a 10 system of structured, intermediate sanctions for violations of 11 the terms and conditions of a sentence of supervision, 12 probation, or conditional discharge, under this Act. 13 The court shall provide as a condition of a disposition of 14 probation, conditional discharge, or supervision, that the 15 probation agency may invoke any sanction from the list of 16 intermediate sanctions adopted by the chief judge of the 17 circuit court for violations of the terms and conditions of 18 the sentence of probation, conditional discharge, or 19 supervision, subject to the provisions of Section 5-720 of 20 this Act. 21 (6.5)(a) When the court places a minor on probation for an 22 offense that involves the possession or discharge of a firearm 23 not causing any injury, and the minor has previously been 24 placed on probation for an offense that involves the 25 possession or discharge of a firearm not causing any injury, 26 the probation agency shall: HB4091 Enrolled - 8 - LRB104 14520 RLC 27660 b 1 (i) conduct an individualized assessment of the 2 minor's needs; 3 (ii) identify the array of services available in the 4 community where the minor resides that may be appropriate 5 to address the minor's needs, which may include, but are 6 not limited to, restorative justice programs, social 7 service programs for high-risk youth, cognitive behavioral 8 therapy, family engagement, and mentoring; and 9 (iii) share with the minor and the minor's parent, 10 guardian, or legal custodian information about their 11 options to access services identified under this paragraph 12 (a). 13 (b) The probation agency may recommend to the court that 14 it require the minor to access the services identified under 15 paragraph (a) as a condition of probation. 16 (7) Fines and assessments, including any fee or 17 administrative cost authorized under Section 5-4.5-105, 18 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the 19 Unified Code of Corrections, shall not be ordered or imposed 20 on a minor or the minor's parent, guardian, or legal custodian 21 as a condition of probation, conditional discharge, or 22 supervision. If the minor or the minor's parent, guardian, or 23 legal custodian is unable to cover the cost of a condition 24 under this subsection, the court shall not preclude the minor 25 from receiving probation, conditional discharge, or 26 supervision based on the inability to pay. Inability to pay HB4091 Enrolled - 9 - LRB104 14520 RLC 27660 b 1 shall not be grounds to object to the minor's placement on 2 probation, conditional discharge, or supervision. 3 (Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; 4 103-605, eff. 7-1-24.)