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Illinois General Assembly - Full Text of HB4091

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Full Text of HB4091

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HB4091 - 104th General Assembly

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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
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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
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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
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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
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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
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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
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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
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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
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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.)

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