HB 4091

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Full Text of HB4091
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	HB4091 - 104th General Assembly
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			House Amendment 001
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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,
3represented in the General Assembly:
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing 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
9not exceed 5 years or until the minor has attained the age of
1021 years, whichever is less, except as provided in this
11Section for a minor who is found to be guilty for an offense
12which is first degree murder. The juvenile court may terminate
13probation or conditional discharge and discharge the minor at
14any time if warranted by the conduct of the minor and the ends
15of justice; provided, however, that the period of probation
16for a minor who is found to be guilty for an offense which is
17first degree murder shall be at least 5 years.
18    (1.5) The period of probation for a minor who is found
19guilty of aggravated criminal sexual assault, criminal sexual
20assault, or aggravated battery with a firearm shall be at
21least 36 months. The period of probation for a minor who is
22found to be guilty of any other Class X felony shall be at
23least 24 months. The period of probation for a Class 1 or Class
		HB4091 Enrolled	- 2 -	LRB104 14520 RLC 27660 b
12 forcible felony shall be at least 18 months. Regardless of
2the length of probation ordered by the court, for all offenses
3under this subsection (1.5), the court shall schedule hearings
4to determine whether it is in the best interest of the minor
5and public safety to terminate probation after the minimum
6period of probation has been served. In such a hearing, there
7shall be a rebuttable presumption that it is in the best
8interest of the minor and public safety to terminate
9probation.
10    (2) The court may as a condition of probation or of
11conditional 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
16conditional discharge require that a minor found guilty on any
17alcohol, cannabis, methamphetamine, or controlled substance
18violation, refrain from acquiring a driver's license during
19the period of probation or conditional discharge. If the minor
20is in possession of a permit or license, the court may require
21that the minor refrain from driving or operating any motor
22vehicle during the period of probation or conditional
23discharge, except as may be necessary in the course of the
24minor's lawful employment.
25    (3.5) The court shall, as a condition of probation or of
26conditional discharge, require that a minor found to be guilty
		HB4091 Enrolled	- 6 -	LRB104 14520 RLC 27660 b
1and placed on probation for reasons that include a violation
2of Section 3.02 or Section 3.03 of the Humane Care for Animals
3Act or paragraph (4) of subsection (a) of Section 21-1 of the
4Criminal Code of 2012 undergo medical or psychiatric treatment
5rendered by a psychiatrist or psychological treatment rendered
6by a clinical psychologist. The condition may be in addition
7to any other condition.
8    (3.10) The court shall order that a minor placed on
9probation or conditional discharge for a sex offense as
10defined in the Sex Offender Management Board Act undergo and
11successfully complete sex offender treatment. The treatment
12shall be in conformance with the standards developed under the
13Sex Offender Management Board Act and conducted by a treatment
14provider approved by the Board.
15    (4) A minor on probation or conditional discharge shall be
16given a certificate setting forth the conditions upon which
17the minor is being released.
18    (5) (Blank).
19    (5.5) Jurisdiction over an offender may be transferred
20from the sentencing court to the court of another circuit with
21the concurrence of both courts. Further transfers or
22retransfers of jurisdiction are also authorized in the same
23manner. The court to which jurisdiction has been transferred
24shall have the same powers as the sentencing court.
25    If the transfer case originated in another state and has
26been transferred under the Interstate Compact for Juveniles to
		HB4091 Enrolled	- 7 -	LRB104 14520 RLC 27660 b
1the jurisdiction of an Illinois circuit court for supervision
2by an Illinois probation department, probation fees may be
3imposed only if permitted by the Interstate Commission for
4Juveniles.
5    (6) The General Assembly finds that in order to protect
6the public, the juvenile justice system must compel compliance
7with the conditions of probation by responding to violations
8with swift, certain, and fair punishments and intermediate
9sanctions. The Chief Judge of each circuit shall adopt a
10system of structured, intermediate sanctions for violations of
11the terms and conditions of a sentence of supervision,
12probation, or conditional discharge, under this Act.
13    The court shall provide as a condition of a disposition of
14probation, conditional discharge, or supervision, that the
15probation agency may invoke any sanction from the list of
16intermediate sanctions adopted by the chief judge of the
17circuit court for violations of the terms and conditions of
18the sentence of probation, conditional discharge, or
19supervision, subject to the provisions of Section 5-720 of
20this Act.
21    (6.5)(a) When the court places a minor on probation for an 
22offense that involves the possession or discharge of a firearm 
23not causing any injury, and the minor has previously been 
24placed on probation for an offense that involves the 
25possession or discharge of a firearm not causing any injury, 
26the 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 
14it require the minor to access the services identified under 
15paragraph (a) as a condition of probation.
16    (7) Fines and assessments, including any fee or
17administrative cost authorized under Section 5-4.5-105,
185-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the
19Unified Code of Corrections, shall not be ordered or imposed
20on a minor or the minor's parent, guardian, or legal custodian
21as a condition of probation, conditional discharge, or
22supervision. If the minor or the minor's parent, guardian, or
23legal custodian is unable to cover the cost of a condition
24under this subsection, the court shall not preclude the minor
25from receiving probation, conditional discharge, or
26supervision based on the inability to pay. Inability to pay
		HB4091 Enrolled	- 9 -	LRB104 14520 RLC 27660 b
1shall not be grounds to object to the minor's placement on
2probation, conditional discharge, or supervision.
3(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23;
4103-605, eff. 7-1-24.)