SB 1463 — MINORS-NO FEES OR FINES

(3) crime laboratory drug analysis for a drug-related offense involving possession or delivery of cannabis or possession or delivery of a controlled substance as defined in the Cannabis Control Act, the Illinois SB1463 EngrossedEnrolled - 34 - LRB103 25983 RLC 52337 b Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, $100 reimbursement for laboratory analysis, as set forth in subsection (f) of Section 5-9-1.4 of the Unified Code of Corrections;

SB1463 EngrossedEnrolled - 35 - LRB103 25983 RLC 52337 b (C) 50% to the treasurer of the arresting law enforcement agency of the municipality or county, or to the State Treasurer if the arresting agency was a state agency, to be deposited as provided in subsection (c) of Section 10-5;

except in local or county ordinance, traffic, and conservation cases, if fines are paid in full without a court appearance, then the assessment shall not be imposed SB1463 EngrossedEnrolled - 36 - LRB103 25983 RLC 52337 b or collected.

(C) 50% to the treasurer of the arresting law enforcement agency of the municipality or county, or to the State Treasurer if the arresting agency was a SB1463 EngrossedEnrolled - 37 - LRB103 25983 RLC 52337 b state agency, to be deposited as provided in subsection (c) of Section 10-5;

(11) speeding in a construction zone violation, $250 SB1463 EngrossedEnrolled - 38 - LRB103 25983 RLC 52337 b to the State Treasurer for deposit into the Transportation Safety Highway Hire-back Fund, unless (i) the violation occurred on a highway other than an interstate highway and (ii) a county police officer wrote the ticket for the violation, in which case to the county treasurer for deposit into that county's Transportation Safety Highway Hire-back Fund;

(13) victim and offender are family or household members as defined in Section 103 of the Illinois Domestic Violence Act of 1986 and offender pleads guilty or no contest to or is convicted of murder, voluntary manslaughter, involuntary manslaughter, burglary, residential burglary, criminal trespass to residence, criminal trespass to vehicle, criminal trespass to land, criminal damage to property, telephone harassment, kidnapping, aggravated kidnaping, unlawful restraint, forcible detention, child abduction, indecent solicitation of a child, sexual relations between siblings, exploitation of a child, child pornography, assault, aggravated assault, battery, aggravated battery, heinous battery, aggravated battery of a child, domestic battery, reckless conduct, intimidation, criminal sexual assault, SB1463 EngrossedEnrolled - 39 - LRB103 25983 RLC 52337 b predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, violation of an order of protection, disorderly conduct, endangering the life or health of a child, child abandonment, contributing to dependency or neglect of child, or cruelty to children and others, $200 for each sentenced violation to the State Treasurer for deposit as follows:

(14) violation of Section 11-501 of the Illinois Vehicle Code, Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision, whose operation of a motor vehicle, snowmobile, or watercraft while in violation of Section 11-501, Section 5-7 of the Snowmobile Registration and Safety Act, Section 5-16 of the Boat Registration and Safety Act, or a similar provision proximately caused an incident resulting in an appropriate emergency response, $1,000 maximum to the public agency that provided an emergency response related to the person's violation, or as provided in subsection (c) of SB1463 EngrossedEnrolled - 40 - LRB103 25983 RLC 52337 b Section 10-5 if the arresting agency was a State agency, unless more than one agency was responsible for the arrest, in which case the amount shall be remitted to each unit of government equally;

(17) violation based upon each plea of guilty, SB1463 EngrossedEnrolled - 41 - LRB103 25983 RLC 52337 b stipulation of facts, or finding of guilt resulting in a judgment of conviction or order of supervision for an offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of the Criminal Code of 2012 that results in the imposition of a fine, to be distributed as follows:

or (v) if more than one of the State agencies in this subparagraph (B) is the arresting or investigating agency, then equal shares with the SB1463 EngrossedEnrolled - 42 - LRB103 25983 RLC 52337 b shares deposited as provided in the applicable items (i) through (iv) of this subparagraph (B);

Except for traffic violations, thefines fees,and fines,assessments, such as fees or otheradministrative assessmentscosts underauthorized in this SectionSection, shall not applybe toordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.

SB1463 Enrolled - 43 - LRB103 25983 RLC 52337 b (Source:

SB1463 Engrossed - 43 - LRB103 25983 RLC 52337 b 102-145, eff.

The Juvenile Court Act of 1987 is amended by changing Sections 1-8, 3-17, 3-19, 3-21, 3-24, 3-33.5, 4-14, 4-16, 4-18, 4-21, 5-525, 5-610, 5-615, 5-710, 5-715, 5-915, 6-7, and 6-9 and by adding Section 1-19 as follows:

(705 ILCS 405/1-19405/1-8) new) Sec.

1-8.

Confidentiality and accessibility of juvenile court records.

(A) A juvenile adjudication shall never be considered a conviction nor shall an adjudicated individual be considered a criminal.

Unless expressly allowed by law, a juvenile adjudication shall not operate to impose upon the individual any of the civil disabilities ordinarily imposed by or resulting from conviction.

Unless expressly allowed by law, adjudications shall not prejudice or disqualify the individual in any civil service application or appointment, from holding public office, or from receiving any license granted by public authority.

All juvenile court records which have not been expunged are sealed and may never be disclosed to the general public or otherwise made widely available.

Sealed juvenile court records may be obtained only under this Section and Section 1-7 and Part 9 of Article V of this Act, when their use SB1463 Enrolled - 44 - LRB103 25983 RLC 52337 b is needed for good cause and with an order from the juvenile court.

Inspection and copying of juvenile court records relating to a minor who is the subject of a proceeding under this Act shall be restricted to the following:

(1) The minor who is the subject of record, his or her parents, guardian, and counsel.

(2) Law enforcement officers and law enforcement agencies when such information is essential to executing an arrest or search warrant or other compulsory process, or to conducting an ongoing investigation or relating to a minor who has been adjudicated delinquent and there has been a previous finding that the act which constitutes the previous offense was committed in furtherance of criminal activities by a criminal street gang.

Before July 1, 1994, for the purposes of this Section, "criminal street gang" means any ongoing organization, association, or group of 3 or more persons, whether formal or informal, having as one of its primary activities the commission of one or more criminal acts and that has a common name or common identifying sign, symbol or specific color apparel displayed, and whose members individually or collectively engage in or have engaged in a pattern of criminal activity.

Beginning July 1, 1994, for purposes of this Section, "criminal street gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus SB1463 Enrolled - 45 - LRB103 25983 RLC 52337 b Prevention Act.

(3) Judges, hearing officers, prosecutors, public defenders, probation officers, social workers, or other individuals assigned by the court to conduct a pre-adjudication or pre-disposition investigation, and individuals responsible for supervising or providing temporary or permanent care and custody for minors under the order of the juvenile court when essential to performing their responsibilities.

(4) Judges, federal, State, and local prosecutors, public defenders, probation officers, and designated staff:

(a) in the course of a trial when institution of criminal proceedings has been permitted or required under Section 5-805;

(b) when criminal proceedings have been permitted or required under Section 5-805 and a minor is the subject of a proceeding to determine the conditions of pretrial release;

(c) when criminal proceedings have been permitted or required under Section 5-805 and a minor is the subject of a pre-trial investigation, pre-sentence investigation or fitness hearing, or proceedings on an application for probation;

or (d) when a minor becomes 18 years of age or older, and is the subject of criminal proceedings, including SB1463 Enrolled - 46 - LRB103 25983 RLC 52337 b a hearing to determine the conditions of pretrial release, a pre-trial investigation, a pre-sentence investigation, a fitness hearing, or proceedings on an application for probation.

(5) Adult and Juvenile Prisoner Review Boards.

(6) Authorized military personnel.

(6.5) Employees of the federal government authorized by law.

(7) Victims, their subrogees and legal representatives;

however, such persons shall have access only to the name and address of the minor and information pertaining to the disposition or alternative adjustment plan of the juvenile court.

(8) Persons engaged in bona fide research, with the permission of the presiding judge of the juvenile court and the chief executive of the agency that prepared the particular records;

provided that publication of such research results in no disclosure of a minor's identity and protects the confidentiality of the record.

(9) The Secretary of State to whom the Clerk of the Court shall report the disposition of all cases, as required in Section 6-204 of the Illinois Vehicle Code.

However, information reported relative to these offenses shall be privileged and available only to the Secretary of State, courts, and police officers.

(10) The administrator of a bonafide substance abuse SB1463 Enrolled - 47 - LRB103 25983 RLC 52337 b student assistance program with the permission of the presiding judge of the juvenile court.

(11) Mental health professionals on behalf of the Department of Corrections or the Department of Human Services or prosecutors who are evaluating, prosecuting, or investigating a potential or actual petition brought under the Sexually Violent Persons Commitment Act relating to a person who is the subject of juvenile court records or the respondent to a petition brought under the Sexually Violent Persons Commitment Act, who is the subject of juvenile court records sought.

Any records and any information obtained from those records under this paragraph (11) may be used only in sexually violent persons commitment proceedings.

(12) (Blank).

Collection agencies, contracted or otherwise engaged by a governmental entity, to collect any debts due and owing to the governmental entity.

(A-1) Findings and exclusions of paternity entered in proceedings occurring under Article II of this Act shall be disclosed, in a manner and form approved by the Presiding Judge of the Juvenile Court, to the Department of Healthcare and Family Services when necessary to discharge the duties of the Department of Healthcare and Family Services under Article X of the Illinois Public Aid Code.

(B) A minor who is the victim in a juvenile proceeding shall be provided the same confidentiality regarding SB1463 Enrolled - 48 - LRB103 25983 RLC 52337 b disclosure of identity as the minor who is the subject of record.

(C)(0.1) In cases where the records concern a pending juvenile court case, the requesting party seeking to inspect the juvenile court records shall provide actual notice to the attorney or guardian ad litem of the minor whose records are sought.

(0.2) In cases where the juvenile court records concern a juvenile court case that is no longer pending, the requesting party seeking to inspect the juvenile court records shall provide actual notice to the minor or the minor's parent or legal guardian, and the matter shall be referred to the chief judge presiding over matters pursuant to this Act.

(0.3) In determining whether juvenile court records should be made available for inspection and whether inspection should be limited to certain parts of the file, the court shall consider the minor's interest in confidentiality and rehabilitation over the requesting party's interest in obtaining the information.

The State's Attorney, the minor, and the minor's parents, guardian, and counsel shall at all times have the right to examine court files and records.

(0.4) Any records obtained in violation of this Section shall not be admissible in any criminal or civil proceeding, or operate to disqualify a minor from subsequently holding public office, or operate as a forfeiture of any public benefit, right, privilege, or right to receive any license SB1463 Enrolled - 49 - LRB103 25983 RLC 52337 b granted by public authority.

(D) Pending or following any adjudication of delinquency for any offense defined in Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, the victim of any such offense shall receive the rights set out in Sections 4 and 6 of the Bill of Rights for Victims and Witnesses of Violent Crime Act;

and the juvenile who is the subject of the adjudication, notwithstanding any other provision of this Act, shall be treated as an adult for the purpose of affording such rights to the victim.

(E) Nothing in this Section shall affect the right of a Civil Service Commission or appointing authority of the federal government, or any state, county, or municipality examining the character and fitness of an applicant for employment with a law enforcement agency, correctional institution, or fire department to ascertain whether that applicant was ever adjudicated to be a delinquent minor and, if so, to examine the records of disposition or evidence which were made in proceedings under this Act.

(F) Following any adjudication of delinquency for a crime which would be a felony if committed by an adult, or following any adjudication of delinquency for a violation of Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the Criminal Code of 2012, the State's Attorney shall ascertain whether the minor respondent is enrolled in school and, if so, SB1463 Enrolled - 50 - LRB103 25983 RLC 52337 b shall provide a copy of the dispositional order to the principal or chief administrative officer of the school.

Access to the dispositional order shall be limited to the principal or chief administrative officer of the school and any school counselor designated by him or her.

(G) Nothing contained in this Act prevents the sharing or disclosure of information or records relating or pertaining to juveniles subject to the provisions of the Serious Habitual Offender Comprehensive Action Program when that information is used to assist in the early identification and treatment of habitual juvenile offenders.

(H) When a court hearing a proceeding under Article II of this Act becomes aware that an earlier proceeding under Article II had been heard in a different county, that court shall request, and the court in which the earlier proceedings were initiated shall transmit, an authenticated copy of the juvenile court record, including all documents, petitions, and orders filed and the minute orders, transcript of proceedings, and docket entries of the court.

(I) The Clerk of the Circuit Court shall report to the Illinois State Police, in the form and manner required by the Illinois State Police, the final disposition of each minor who has been arrested or taken into custody before his or her 18th birthday for those offenses required to be reported under Section 5 of the Criminal Identification Act.

Information reported to the Department under this Section may be SB1463 Enrolled - 51 - LRB103 25983 RLC 52337 b maintained with records that the Department files under Section 2.1 of the Criminal Identification Act.

(J) The changes made to this Section by Public Act 98-61 apply to juvenile law enforcement records of a minor who has been arrested or taken into custody on or after January 1, 2014 (the effective date of Public Act 98-61).

(K) Willful violation of this Section is a Class C misdemeanor and each violation is subject to a fine of $1,000.

This subsection (K) shall not apply to the person who is the subject of the record.

(L) A person convicted of violating this Section is liable for damages in the amount of $1,000 or actual damages, whichever is greater.

(Source:

P.A.

101-652, eff.

1-1-23;

102-197, eff.

7-30-21;

102-538, eff.

8-20-21;

102-813, eff.

5-13-22.) (705 ILCS 405/1-19 new) Sec.

AssessmentsFines, assessments, civil judgments, and outstanding balances owed by minors or their parents, guardians, or legal custodians;

(a) TheExcept courtfor shallrestitution notand orderassessments anyissued assessments,for suchadjudications asunder fees,Section fines,5-125 orof administrativethis costs,Act, exceptfines forand thoseassessments, providedsuch inas Sectionfees 5-125or ofadministrative thiscosts, Act,shall againstnot abe minorordered subjector toimposed Articleon III,the IV,following orindividuals Vas of thisthe Acteffective ordate againstof thethis minor'samendatory parent,Act guardian,of orthe legal103rd custodian.General Assembly:

(b)SB1463 TheEnrolled court- shall52 not- orderLRB103 fees,25983 fines,RLC or52337 administrativeb costs,(1) except for those provided in Section 5-125 of this Act, against a minor undersubject the age of 18 transferred to adultArticle courtIII, IV, or excluded from juvenile court jurisdiction under Article V of this Act, or the minor's parent, guardian, or legal custodian.custodian;

(c)or Except(2) fora assessmentsminor madeunder inthe traffic,age boating,of or18 fishtransferred andto gameadult law,court or municipalexcluded ordinancefrom violationsjuvenile ascourt providedjurisdiction inunder SectionArticle 5-125V of this Act, any judgment, order, SB1463 Engrossed - 44 - LRB103 25983 RLC 52337 b agreement, or otherthe legallyminor's enforceable encumbrance directing a minor or his or her parent, guardian, or legal custodiancustodian. to pay assessments prior to the effective date of this amendatory Act of the 103rd General Assembly is null, void, and not collectible if there remains a balance due, including interest, penalties, or collection fees.

(d)(b) WithinExcept 90for calendarrestitution daysand afterassessments theissued effectivefor dateadjudications ofunder thisSection amendatory5-125 Act of thethis 103rdAct, Generalall Assembly,unsatisfied thecivil courtjudgments, shalloutstanding automaticallybalances vacatefor allfines, ordersand oroutstanding otherbalances legallyfor enforceableassessments, encumbrancessuch directingas afees minor or hisadministrative orcosts, herincluding parent,interest, guardian,penalties, or legalcollection custodianfees toentered payprior anyto fees,the fines,effective ordate administrative costs of anythis balancesamendatory due,Act includingof interest,the penalties,103rd orGeneral collectionAssembly fees,in ascases ofpursuant theto effectivesubsection date(a) of this amendatorySection, Actare ofnull, thevoid, 103rdsatisfied, Generaland Assembly.not collectible.

(e)(c) WithinExcept 30for calendarrestitution daysand afterassessments issued for adjudications under Section 5-125 of this Act, within one year of the effective date of this amendatory Act of the 103rd General Assembly, the clerk of the circuit court shallclerk provideof writteneach noticecounty toshall anydischarge and allwaive collection100% agenciesof andall circuitoutstanding courtbalances stafffor tounsatisfied informcivil themjudgments, thatunpaid anyfines, pendingand orunpaid outstandingassessments fees,such fines,as fees or administrative costscosts, madeincluding notinterest, collectiblepenalties, byor thiscollection amendatoryfees, Actentered ofagainst thea 103rdminor Generalor Assemblythe haveminor's beenparent, vacatedguardian, andor arelegal null,custodian void,in andthe notfollowing: collectible.

(f) Within 30 calendar days after the effective date of this amendatory Act of the 103rd General Assembly, the probation officer, if applicable, or any other designated person from the juvenile probation department and the clerk of SB1463 EngrossedEnrolled - 4553 - LRB103 25983 RLC 52337 b the(1) circuitcases courtinvolving shalla provideminor writtensubject notice to theArticle minorIII, andIV, the minor's parent, guardian, or legalV custodian that, as of the effective date of this amendatoryAct; Act of the 103rd General Assembly, all payment obligations are discharged for any pending or outstanding fees, fines, or administrative costs made not collectible by this amendatory Act of the 103rd General Assembly.

(g)and If(2) acases paymentinvolving is made by a minor orunder his or her parent, guardian, or legal custodian on or after the effectiveage date of this18 amendatorytransferred Actto ofadult thecourt 103rdor Generalexcluded Assembly,from thejuvenile clerk of the circuit court shalljurisdiction automaticallyunder andArticle immediatelyV reimburseof payments made toward fees, fines, and costs made null, void, and uncollectible by this amendatoryAct. Act of the 103rd General Assembly.

(h)(d) OneWithin year30 calendar days after the effective date of this amendatory Act of the 103rd General Assembly, the AdministrativeState's OfficeAttorney ofor thecircuit Illinoiscourt Courtsclerk in each county shall reportprovide written notice to collection agencies contracted or assigned to collect outstanding balances in cases pursuant to this Section that outstanding balances for unsatisfied civil judgments, unpaid fines, and unpaid assessments such as fees or administrative costs, including interest, penalties, or collection fees, are null, void, satisfied, and not collectible as of the effective date of this amendatory Act of the 103rd General Assembly:Assembly.

(1)(e) If a payment is made by a minor or his or her parent, guardian, or legal custodian on or after the numbereffective date of this amendatory Act of the 103rd General Assembly, the circuit court clerk shall reimburse payments made towards unsatisfied civil judgments, orders,unpaid agreements,fines, or otherunpaid legallyassessments enforceablesuch encumbrancesas vacatedfees pursuantor toadministrative costs, including interest, penalties, or collection fees, made null, void, satisfied, and uncollectible by this Sectionamendatory inAct eachof judicialthe district;103rd General Assembly.

(f) Within one year of the effective date of this SB1463 Enrolled - 54 - LRB103 25983 RLC 52337 b amendatory Act of the 103rd General Assembly, the circuit court clerk of each county shall report to the Illinois Juvenile Justice Commission the following data, in a form and (2)manner to be determined by the totalCommission, specific to all outstanding balances offor fees,unsatisfied civil judgments, unpaid fines, and unpaid assessments, such as fees or administrative costscosts, vacatedmade innull, eachvoid, judicialsatisfied, district.and not collectible by this amendatory Act of the 103rd General Assembly:

(705(1) ILCSAs 405/3-17)of (fromthe Ch.effective date of this amendatory Act of the 103rd General Assembly, the total number of cases or individuals pursuant to this amendatory Act of the 103rd General Assembly which:

(A) have outstanding balances;

and (B) have outstanding balances converted into civil judgments;

(2) The number of cases or individuals with outstanding balances discharged and waived pursuant to this amendatory Act of the 103rd General Assembly;

and (3) The total amount of outstanding balances discharged and waived pursuant to this amendatory Act of the 103rd General Assembly for the following:

(A) unsatisfied civil judgments;

(B) unpaid fines;

and (C) unpaid assessments, such as fees or administrative costs.

SB1463 Enrolled - 55 - LRB103 25983 RLC 52337 b (705 ILCS 405/3-17) (from Ch.

(1) When a petition is filed, the clerk of the court shall issue a summons with a copy of the SB1463 Engrossed - 46 - LRB103 25983 RLC 52337 b petition attached.

(a) SB1463 Enrolled - 56 - LRB103 25983 RLC 52337 b leaving a copy thereof with the person summoned at least 3 days before the time stated therein for appearance;

(b) leaving a copy at his usual place of abode with some person of the SB1463 Engrossed - 47 - LRB103 25983 RLC 52337 b family, of the age of 10 years or upwards, and informing that person of the contents thereof, provided the officer or other person making service shall also send a copy of the summons in a sealed envelope with postage fully prepaid, addressed to the person summoned at his usual place of abode, at least 3 days before the time stated therein for appearance;

(7) The appearance of the minor's legal guardian or custodian, or a person named as a respondent in a petition, in any proceeding under this Act shall constitute a waiver of SB1463 Enrolled - 57 - LRB103 25983 RLC 52337 b service of summons and submission to the jurisdiction of the court.

SB1463(8) EngrossedFines -or 48assessments, -such LRB103as 25983fees RLCor 52337administrative bcosts, (8)in Thethe courtservice of process shall not orderbe theordered minor or hisimposed oron hera parent,minor guardian, or legala custodianminor's toparent, payguardian, fees, fines, or administrativelegal costscustodian. in the service of process.

(2) Unless the guardian ad litem appointed pursuant to paragraph (1) is an attorney at law he shall be represented in SB1463 Enrolled - 58 - LRB103 25983 RLC 52337 b the performance of his duties by counsel.

(3) Before proceeding with the hearing, the court shall appoint a guardian ad litem for the minor if (a) no parent, guardian, custodian or relative of the SB1463 Engrossed - 49 - LRB103 25983 RLC 52337 b minor appears at the first or any subsequent hearing of the case;

(1) The court may enter an order of continuance under supervision (a) upon an admission or stipulation by the SB1463 Enrolled - 59 - LRB103 25983 RLC 52337 b appropriate respondent or minor respondent of the facts supporting the petition and before proceeding to findings and adjudication, or after hearing the evidence at the adjudicatory hearing but before noting in the minutes of SB1463 Engrossed - 50 - LRB103 25983 RLC 52337 b proceedings a finding of whether or not the minor is a person requiring authoritative intervention;

If the court finds that such condition of supervision has not been fulfilled the court may SB1463 Enrolled - 60 - LRB103 25983 RLC 52337 b 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 SB1463 Engrossed - 51 - LRB103 25983 RLC 52337 b the charge, and the term of the continuance under supervision shall not run until the hearing and disposition of the petition for violation;

The clerk of the SB1463 Enrolled - 61 - LRB103 25983 RLC 52337 b circuit court must pay all monies collected from this fee to the county treasurer for deposit into the probation and court services fund under Section 15.1 of the Probation and Probation Officers Act.

SB1463 Engrossed - 52 - LRB103 25983 RLC 52337 b (Source:

(2) Any order of disposition may provide for protective supervision under Section 3-25 and may include an order of SB1463 Enrolled - 62 - LRB103 25983 RLC 52337 b protection under Section 3-26.

(3) Unless the order of disposition expressly so provides, it does not operate to close proceedings on the pending petition, but is subject to modification until final closing SB1463 Engrossed - 53 - LRB103 25983 RLC 52337 b and discharge of the proceedings under Section 3-32.

(6) Whenever the order of disposition requires the minor to attend school or participate in a program of training, the truant officer or designated school official shall regularly SB1463 Enrolled - 63 - LRB103 25983 RLC 52337 b report to the court if the minor is a chronic or habitual truant under Section 26-2a of the School Code.

The court must impose upon a minor under an order of continuance under supervision or an order of SB1463 Engrossed - 54 - LRB103 25983 RLC 52337 b disposition under this Article III, as a condition of the order, a fee of $25 for each month or partial month of supervision with a probation officer.

A minor who is reported by the office of the regional superintendent of schools as a chronic truant may be subject to a petition for adjudication and adjudged a SB1463 Enrolled - 64 - LRB103 25983 RLC 52337 b truant minor in need of supervision, provided that prior to the filing of the petition, the office of the regional superintendent of schools or a community truancy review board certifies that the local school has provided appropriate SB1463 Engrossed - 55 - LRB103 25983 RLC 52337 b truancy intervention services to the truant minor and his or her family.

The comprehensive community based youth service agency shall submit reports to the office of the regional superintendent of schools or truancy review board within 20, 40, and 80 school days of the initial referral or at any other time requested by the office of the regional superintendent of schools or truancy review board, which reports each shall certify the date of the minor's referral and the extent of the minor's progress and participation in SB1463 Enrolled - 65 - LRB103 25983 RLC 52337 b truancy intervention services provided by the comprehensive community based youth service agency.

In addition, if, after referral by the office of the regional superintendent of schools or community truancy review board, the minor declines SB1463 Engrossed - 56 - LRB103 25983 RLC 52337 b or refuses to fully participate in truancy intervention services provided by the comprehensive community based youth service agency, then the agency shall immediately certify such facts to the office of the regional superintendent of schools or community truancy review board.

The regional superintendent of schools must approve the establishment and organization of a community truancy review board, and the SB1463 Enrolled - 66 - LRB103 25983 RLC 52337 b regional superintendent of schools or his or her designee shall chair the board.

(a-5) Nothing in this Section shall be construed to create a private cause of action or right of recovery against a SB1463 Engrossed - 57 - LRB103 25983 RLC 52337 b regional office of education, its superintendent, or its staff with respect to truancy intervention services where the determination to provide the services is made in good faith.

or SB1463 Enrolled - 67 - LRB103 25983 RLC 52337 b (6) (blank).

A dispositional order may include public service only if the court has made an express written finding that a truancy prevention program has been offered by the school, regional SB1463 Engrossed - 58 - LRB103 25983 RLC 52337 b superintendent of schools, or a comprehensive community based youth service agency to the truant minor in need of supervision.

TheFines Courtor assessments, such as fees or administrative costs, shall not orderbe feesordered or finesimposed in contempt proceedings under this Section.

(2) The summons must contain a statement that the minor or any of the respondents is entitled to have an attorney present at the hearing on the petition, and that the clerk of the court SB1463 Enrolled - 68 - LRB103 25983 RLC 52337 b should be notified promptly if the minor or any other respondent desires to be represented by an attorney but is financially unable to employ counsel.

(3) The summons shall be issued under the seal of the court, attested to and signed with the name of the clerk of the SB1463 Engrossed - 59 - LRB103 25983 RLC 52337 b court, dated on the day it is issued, and shall require each respondent to appear and answer the petition on the date set for the adjudicatory hearing.

If the guardian or custodian is an agency of the State of Illinois, proper service may be made by leaving a copy SB1463 Enrolled - 69 - LRB103 25983 RLC 52337 b of the summons and petition with any administrative employee of such agency designated by such agency to accept service of summons and petitions.

SB1463 Engrossed - 60 - LRB103 25983 RLC 52337 b (6) When a parent or other person, who has signed a written promise to appear and bring the minor to court or who has waived or acknowledged service, fails to appear with the minor on the date set by the court, a bench warrant may be issued for the parent or other person, the minor, or both.

(8) TheFines courtor shallassessments, notsuch orderas thefees minor or hisadministrative orcosts, herin parent,the guardian,service orof legalprocess custodianshall tonot paybe fees,ordered fines,or imposed on a minor or administrativea costsminor's inparent, theguardian, serviceor oflegal process.custodian.

(1) Immediately upon the filing of a petition alleging that the minor is a person described in Section 4-3 of this SB1463 Enrolled - 70 - LRB103 25983 RLC 52337 b Act, the court may appoint a guardian ad litem for the minor if:

or (b) such petition alleges that charges alleging the commission of any of the sex offenses defined in Article SB1463 Engrossed - 61 - LRB103 25983 RLC 52337 b 11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012, have been filed against a defendant in any court and that such minor is the alleged victim of the acts of the defendant in the commission of such offense.

(3) The court may appoint a guardian ad litem for the minor SB1463 Enrolled - 71 - LRB103 25983 RLC 52337 b whenever it finds that there may be a conflict of interest between the minor and his parents or other custodian or that it is otherwise in the minor's interest to do so.

(5) The reasonable fees of a guardian ad litem appointed SB1463 Engrossed - 62 - LRB103 25983 RLC 52337 b under this Section shall be fixed by the court and charged to the parents of the minor, to the extent they are able to pay.

(2) If the minor, his parent, guardian, custodian, responsible relative, defense attorney or State's Attorney, SB1463 Enrolled - 72 - LRB103 25983 RLC 52337 b objects in open court to any such continuance and insists upon proceeding to findings and adjudication, the court shall so proceed.

SB1463 Engrossed - 63 - LRB103 25983 RLC 52337 b (4) When a hearing is continued pursuant to this Section, the court may permit the minor to remain in his home subject to such conditions concerning his conduct and supervision as the court may require by order.

provided where the petition alleges conduct that does not constitute a criminal offense, the hearing must be held within 15 days of the filing of the petition unless a delay in such hearing has been occasioned by the minor, in which case the delay shall continue the tolling of the period of continuance under supervision for the period SB1463 Enrolled - 73 - LRB103 25983 RLC 52337 b of such delay.

If the court determines SB1463 Engrossed - 64 - LRB103 25983 RLC 52337 b the inability of the minor, or the parent, guardian, or legal custodian of the minor to pay the fee, the court may impose a lesser fee.

(b) placed under supervision and released to his SB1463 Enrolled - 74 - LRB103 25983 RLC 52337 b or her parents, guardian or legal custodian;

(d) required to attend an approved alcohol or drug abuse treatment SB1463 Engrossed - 65 - LRB103 25983 RLC 52337 b or counseling program on an inpatient or outpatient basis instead of or in addition to the disposition otherwise provided for in this paragraph;

(4) In addition to any other order of disposition, the court may order any minor found to be addicted under this Article as neglected with respect to his or her own injurious behavior, to make restitution, in monetary or non-monetary SB1463 Enrolled - 75 - LRB103 25983 RLC 52337 b form, under the terms and conditions of Section 5-5-6 of the Unified Code of Corrections, except that the "presentence hearing" referred to therein shall be the dispositional hearing for purposes of this Section.

SB1463 Engrossed - 66 - LRB103 25983 RLC 52337 b (5) Any order for disposition where the minor is placed in accordance with Section 4-25 shall provide for the parents or guardian of the estate of such minor to pay to the legal custodian or guardian of the person of the minor such sums as are determined by the custodian or guardian of the person of the minor as necessary for the minor's needs.

If the court determines the inability of the minor, or the parent, guardian, or legal custodian of the minor to pay the fee, the court may impose a SB1463 Enrolled - 76 - LRB103 25983 RLC 52337 b lesser fee.

The clerk of the SB1463 Engrossed - 67 - LRB103 25983 RLC 52337 b circuit court must pay all monies collected from this fee to the county treasurer for deposit into the probation and court services fund under Section 15.1 of the Probation and Probation Officers Act.

The summons shall be directed to the minor's parent, guardian or legal custodian and to each person named as a respondent in the petition, except that summons need not be directed (i) to a minor respondent under 8 years of age for whom the court appoints a guardian ad litem if the guardian ad litem appears on behalf of the minor in any proceeding under this Act, or (ii) to a parent who does not reside with the minor, does not make regular child support payments to the SB1463 Enrolled - 77 - LRB103 25983 RLC 52337 b minor, to the minor's other parent, or to the minor's legal guardian or custodian pursuant to a support order, and has not communicated with the minor on a regular basis.

(b) The summons must contain a statement that the minor is entitled to have an attorney present at the SB1463 Engrossed - 68 - LRB103 25983 RLC 52337 b hearing on the petition, and that the clerk of the court should be notified promptly if the minor desires to be represented by an attorney but is financially unable to employ counsel.

(ii) leaving a copy at his or her usual place of abode with some person of the family, of the age of 10 years or upwards, and informing that person SB1463 Enrolled - 78 - LRB103 25983 RLC 52337 b of the contents of the summons and petition, provided, the officer or other person making service shall also send a copy of the summons in a sealed envelope with postage fully prepaid, addressed to the person summoned at his or her usual place of abode, at least 3 days before the time stated in the summons for appearance;

or (iii) leaving a SB1463 Engrossed - 69 - LRB103 25983 RLC 52337 b copy of the summons and petition with the guardian or custodian of a minor, at least 3 days before the time stated in the summons for appearance.

(a) If service on individuals as provided in subsection (1) is not made on any respondent within a reasonable time or if it appears that any respondent SB1463 Enrolled - 79 - LRB103 25983 RLC 52337 b resides outside the State, service may be made by certified mail.

The regular return receipt SB1463 Engrossed - 70 - LRB103 25983 RLC 52337 b for certified mail is sufficient proof of service.

Failure to provide service by publication to a non-custodial parent whose whereabouts are unknown shall not deprive the court of jurisdiction to proceed with a SB1463 Enrolled - 80 - LRB103 25983 RLC 52337 b trial or a plea of delinquency by the minor.

Service by SB1463 Engrossed - 71 - LRB103 25983 RLC 52337 b publication shall be substantially as follows:

SB1463 Enrolled - 81 - LRB103 25983 RLC 52337 b Clerk Dated (insert the date of publication)" (c) The clerk shall also at the time of the publication of the notice send a copy of the notice by mail to each of the respondents on account of whom publication is made at his or her last known address.

The certificate SB1463 Engrossed - 72 - LRB103 25983 RLC 52337 b of the clerk that he or she has mailed the notice is evidence of that mailing.

(4) The appearance of the minor's parent, guardian or legal custodian, or a person named as a respondent in a petition, in any proceeding under this Act shall constitute a SB1463 Enrolled - 82 - LRB103 25983 RLC 52337 b waiver of service and submission to the jurisdiction of the court.

(5) TheFines courtor shallassessments, notsuch requireas thefees minor or hisadministrative orcosts herin parent,the guardian,service orof legalprocess, custodianshall tonot paybe fees,ordered fines,or imposed on a minor or administrativea costsminor's inparent, theguardian, serviceor oflegal process.custodian.

SB1463 Engrossed - 73 - LRB103 25983 RLC 52337 b (Source:

(4) If, during the court proceedings, the parents, guardian, or legal custodian prove that he or she has an actual conflict of interest with the minor in that delinquency SB1463 Enrolled - 83 - LRB103 25983 RLC 52337 b proceeding and that the parents, guardian, or legal custodian are indigent, the court shall appoint a separate attorney for that parent, guardian, or legal custodian.

(5) A guardian ad litem appointed under this Section for a minor who is in the custody or guardianship of the Department of Children and Family Services or who has an open intact family services case with the Department of Children and SB1463 Engrossed - 74 - LRB103 25983 RLC 52337 b Family Services is entitled to receive copies of any and all classified reports of child abuse or neglect made pursuant to the Abused and Neglected Child Reporting Act in which the minor, who is the subject of the report under the Abused and Neglected Child Reporting Act, is also a minor for whom the guardian ad litem is appointed under this Act.

(a) upon an admission or stipulation by the SB1463 Enrolled - 84 - LRB103 25983 RLC 52337 b appropriate respondent or minor respondent of the facts supporting the petition and before the court makes a finding of delinquency, and 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;

or (b) upon a finding of delinquency and after SB1463 Engrossed - 75 - LRB103 25983 RLC 52337 b considering the circumstances of the offense and the history, character, and condition of the minor, if the court is of the opinion that:

The court may terminate a continuance under supervision at any time if warranted by the conduct of the minor and the ends of SB1463 Enrolled - 85 - LRB103 25983 RLC 52337 b justice or vacate the finding of delinquency or both.

SB1463 Engrossed - 76 - LRB103 25983 RLC 52337 b (b) make a report to and appear in person before any person or agency as directed by the court;

SB1463 Enrolled - 86 - LRB103 25983 RLC 52337 b (i) permit the probation officer to visit him or her at his or her home or elsewhere;

(k-5) with the consent of the superintendent of the facility, attend an educational program at a facility other than the school in which the offense was committed SB1463 Engrossed - 77 - LRB103 25983 RLC 52337 b if he or she committed a crime of violence as defined in Section 2 of the Crime Victims Compensation Act in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;

SB1463 Enrolled - 87 - LRB103 25983 RLC 52337 b (q) refrain from entering into a designated geographic area except upon terms as the court finds appropriate.

(r) refrain from having any contact, directly or indirectly, with certain specified persons or particular SB1463 Engrossed - 78 - LRB103 25983 RLC 52337 b types of persons, including but not limited to members of street gangs and drug users or dealers;

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 SB1463 Enrolled - 88 - LRB103 25983 RLC 52337 b State's Attorney, or, at the request of the minor after notice and hearing.

If the court finds that a condition of supervision has not been fulfilled, the court may proceed to findings, adjudication, and disposition or adjudication and SB1463 Engrossed - 79 - LRB103 25983 RLC 52337 b disposition.

The community service shall include, but need SB1463 Enrolled - 89 - LRB103 25983 RLC 52337 b 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.

Community service shall not interfere with the school hours, school-related activities, or work commitments of the minor or the minor's parent, guardian, or SB1463 Engrossed - 80 - LRB103 25983 RLC 52337 b legal custodian.

(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 SB1463 Enrolled - 90 - LRB103 25983 RLC 52337 b subsection (a) of Section 12-2 or paragraph (2) of subsection (c) of Section 12-2 of the Criminal Code of 1961 or the Criminal Code of 2012, a violation of any Section of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012, 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 SB1463 Engrossed - 81 - LRB103 25983 RLC 52337 b 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, 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 court shall impose upon a minor placed SB1463 Enrolled - 91 - LRB103 25983 RLC 52337 b on supervision, as a condition of the supervision, a fee of $50 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 placed in the guardianship or custody of the Department of Children and Family Services under this Act while the minor is SB1463 Engrossed - 82 - LRB103 25983 RLC 52337 b in placement.

(12) TheFines courtand shallassessments, not,including asany afee conditionor ofadministrative continuancecost authorized under supervision,Section order5-4.5-105, the5-5-10, minor5-6-3, or5-6-3.1, the5-7-6, minor's5-9-1.4, parent, guardian, or legal5-9-1.9 custodianof tothe payUnified fees,Code fines,of orCorrections, costs,shall includingnot anybe fee,ordered fine, or administrativeimposed coston authorizeda underminor Sectionor 5-4.5-105,the 5-5-10,minor's 5-6-3,parent, 5-6-3.1,guardian, 5-7-6, 5-9-1.4, or 5-9-1.9legal ofcustodian theas Unifieda Codecondition of Corrections.continuance under supervision.

SB1463 Enrolled - 92 - LRB103 25983 RLC 52337 b 101-2, eff.

(a) Except as provided in Sections 5-805, 5-810, and SB1463 Engrossed - 83 - LRB103 25983 RLC 52337 b 5-815, a minor who is found guilty under Section 5-620 may be:

(iv) on and after January 1, 2015 (the effective date of Public Act 98-803) and before January 1, 2017, placed in the guardianship of the Department of SB1463 Enrolled - 93 - LRB103 25983 RLC 52337 b Children and Family Services, but only if the delinquent minor is under 16 years of age or, pursuant to Article II of this Act, a minor under the age of 18 for whom an independent basis of abuse, neglect, or dependency exists.

On and after January 1, 2017, placed in the guardianship of the Department of Children and Family Services, but only if the SB1463 Engrossed - 84 - LRB103 25983 RLC 52337 b delinquent minor is under 15 years of age or, pursuant to Article II of this Act, a minor for whom an independent basis of abuse, neglect, or dependency exists.

However, the 30-day limitation may be extended by further order of the court for a minor under age 15 committed to the Department of Children and Family Services if the court finds that the minor is a danger to himself or SB1463 Enrolled - 94 - LRB103 25983 RLC 52337 b others.

The court may grant credit on a sentencing order of detention entered under a violation of probation or violation of SB1463 Engrossed - 85 - LRB103 25983 RLC 52337 b conditional discharge under Section 5-720 of this Article for time spent in detention before the filing of the petition alleging the violation.

SB1463 Enrolled - 95 - LRB103 25983 RLC 52337 b (C) any previous abuse or neglect history of the person;

(vi) ordered partially or completely emancipated in accordance with the provisions of the Emancipation SB1463 Engrossed - 86 - LRB103 25983 RLC 52337 b of Minors Act;

SB1463 Enrolled - 96 - LRB103 25983 RLC 52337 b (b) A minor found to be guilty may be committed to the Department of Juvenile Justice under Section 5-750 if the minor is at least 13 years and under 20 years of age, provided that the commitment to the Department of Juvenile Justice shall be made only if the minor was found guilty of a felony offense or first degree murder.

The court shall include in the sentencing order any pre-custody credits SB1463 Engrossed - 87 - LRB103 25983 RLC 52337 b the minor is entitled to under Section 5-4.5-100 of the Unified Code of Corrections.

(3) Unless the sentencing order expressly so provides, it does not operate to close proceedings on the pending petition, SB1463 Enrolled - 97 - LRB103 25983 RLC 52337 b but is subject to modification until final closing and discharge of the proceedings under Section 5-750.

(4) In addition to any other sentence, the court may order any minor found to be delinquent to make restitution, in monetary or non-monetary form, under the terms and conditions of Section 5-5-6 of the Unified Code of Corrections, except that the "presentencing hearing" referred to in that Section SB1463 Engrossed - 88 - LRB103 25983 RLC 52337 b shall be the sentencing hearing for purposes of this Section.

(6) Whenever the sentencing order requires the minor to attend school or participate in a program of training, the truant officer or designated school official shall regularly SB1463 Enrolled - 98 - LRB103 25983 RLC 52337 b report to the court if the minor is a chronic or habitual truant under Section 26-2a of the School Code.

Notwithstanding any other provision of this Act, in instances in which educational services are to be provided to a minor in a residential facility where the minor has been placed by the court, costs incurred in the provision of those educational services must be allocated based on the requirements of the SB1463 Engrossed - 89 - LRB103 25983 RLC 52337 b School Code.

SB1463 Enrolled - 99 - LRB103 25983 RLC 52337 b (7.75) In no event shall a guilty minor be committed to the Department of Juvenile Justice for an offense that is a Class 3 or Class 4 felony violation of the Illinois Controlled Substances Act unless the commitment occurs upon a third or subsequent judicial finding of a violation of probation for substantial noncompliance with court-ordered treatment or programming.

SB1463 Engrossed - 90 - LRB103 25983 RLC 52337 b (8) A minor found to be guilty for reasons that include a violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012 shall be ordered to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction.

(8.5) A minor found to be guilty for reasons that include a violation of Section 3.02 or Section 3.03 of the Humane Care for Animals Act or paragraph (d) of subsection (1) of Section 21-1 of the Criminal Code of 1961 or paragraph (4) of subsection (a) of Section 21-1 of the Criminal Code of 2012 shall be ordered to undergo medical or psychiatric treatment SB1463 Enrolled - 100 - LRB103 25983 RLC 52337 b rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist.

(9) In addition to any other sentencing order, the court shall order any minor found to be guilty for an act which would constitute, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, SB1463 Engrossed - 91 - LRB103 25983 RLC 52337 b aggravated criminal sexual abuse, or criminal sexual abuse if committed by an adult to undergo medical testing to determine whether the defendant has any sexually transmissible disease including a test for infection with human immunodeficiency virus (HIV) or any other identified causative agency of acquired immunodeficiency syndrome (AIDS).

The court shall SB1463 Enrolled - 101 - LRB103 25983 RLC 52337 b also notify the victim if requested by the victim, and if the victim is under the age of 15 and if requested by the victim's parents or legal guardian, the court shall notify the victim's parents or the legal guardian, of the results of the test for infection with the human immunodeficiency virus (HIV).

The court shall provide information on the availability of HIV testing and counseling at the Department of Public Health SB1463 Engrossed - 92 - LRB103 25983 RLC 52337 b facilities to all parties to whom the results of the testing are revealed.

If the court determines the question in the affirmative, and the court does not commit the minor to the Department of Juvenile Justice, the court shall order the minor to perform community service for not less than 30 hours nor more than 120 hours, provided SB1463 Enrolled - 102 - LRB103 25983 RLC 52337 b 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 a violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012 and similar damage to property located in the municipality or county in which the SB1463 Engrossed - 93 - LRB103 25983 RLC 52337 b violation occurred.

If, at the time of the determination, the minor does not hold a driver's SB1463 Enrolled - 103 - LRB103 25983 RLC 52337 b license or permit, the court shall provide that the minor shall not be issued a driver's license or permit until his or her 18th birthday.

If the minor holds a SB1463 Engrossed - 94 - LRB103 25983 RLC 52337 b driver's license at the time of the determination, the court may direct the Secretary of State to issue the minor a judicial driving permit, also known as a JDP.

(13) TheFines courtand shallassessments, notincluding orderany afee minor or theadministrative minor'scost parent,authorized guardian,under orSection legal5-4.5-105, custodian5-5-10, to5-6-3, pay5-6-3.1, costs5-7-6, relating5-9-1.4, toor any5-9-1.9 sentencingof order,the includingUnified anyCode fee,of fine,Corrections, orrelating administrativeto costany authorizedsentencing underorder Sectionshall 5-4.5-105,not 5-5-10,be 5-6-3,ordered 5-6-3.1,or 5-7-6,imposed 5-9-1.4,on ora 5-9-1.9minor ofor the Unifiedminor's Codeparent, ofguardian, Corrections.or legal custodian.

SB1463 Enrolled - 104 - LRB103 25983 RLC 52337 b (Source:

(1) The period of probation or conditional discharge shall not exceed 5 years or until the minor has attained the age of 21 years, whichever is less, except as provided in this SB1463 Engrossed - 95 - LRB103 25983 RLC 52337 b Section for a minor who is found to be guilty for an offense which is first degree murder.

Regardless of the length of probation ordered by the court, for all offenses under this paragraph (1.5), the court shall schedule hearings to determine whether it is in the best interest of the minor and public safety to terminate probation after the minimum SB1463 Enrolled - 105 - LRB103 25983 RLC 52337 b period of probation has been served.

SB1463 Engrossed - 96 - LRB103 25983 RLC 52337 b (b) make a report to and appear in person before any person or agency as directed by the court;

SB1463 Enrolled - 106 - LRB103 25983 RLC 52337 b (j-5) with the consent of the superintendent of the facility, attend an educational program at a facility other than the school in which the offense was committed if he or she committed a crime of violence as defined in Section 2 of the Crime Victims Compensation Act in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;

SB1463 Engrossed - 97 - LRB103 25983 RLC 52337 b (k) attend a non-residential program for youth;

SB1463 Enrolled - 107 - LRB103 25983 RLC 52337 b (i) remain within the interior premises of the place designated for his or her confinement during the hours designated by the court;

and (iii) use an approved electronic monitoring device SB1463 Engrossed - 98 - LRB103 25983 RLC 52337 b if ordered by the court subject to Article 8A of Chapter V of the Unified Code of Corrections;

(t) refrain from having in his or her body the SB1463 Enrolled - 108 - LRB103 25983 RLC 52337 b presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and shall submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug;

SB1463 Engrossed - 99 - LRB103 25983 RLC 52337 b (3) The court may as a condition of probation or of conditional discharge require that a minor found guilty on any alcohol, cannabis, methamphetamine, or controlled substance violation, refrain from acquiring a driver's license during the period of probation or conditional discharge.

The condition may be in addition SB1463 Enrolled - 109 - LRB103 25983 RLC 52337 b to any other condition.

The treatment shall be at the SB1463 Engrossed - 100 - LRB103 25983 RLC 52337 b expense of the person evaluated based upon that person's ability to pay for the treatment.

The court may order the parent, guardian, or legal custodian of the minor to pay SB1463 Enrolled - 110 - LRB103 25983 RLC 52337 b some or all of the fee on the minor's behalf.

The probation department within the circuit to which jurisdiction SB1463 Engrossed - 101 - LRB103 25983 RLC 52337 b has been transferred, or which has agreed to provide supervision, may impose probation fees upon receiving the transferred offender, as provided in subsection (i) of Section 5-6-3 of the Unified Code of Corrections.

(6) The General Assembly finds that in order to protect the public, the juvenile justice system must compel compliance SB1463 Enrolled - 111 - LRB103 25983 RLC 52337 b with the conditions of probation by responding to violations with swift, certain, and fair punishments and intermediate sanctions.

The court shall provide as a condition of a disposition of probation, conditional discharge, or supervision, that the SB1463 Engrossed - 102 - LRB103 25983 RLC 52337 b probation agency may invoke any sanction from the list of intermediate sanctions adopted by the chief judge of the circuit court for violations of the terms and conditions of the sentence of probation, conditional discharge, or supervision, subject to the provisions of Section 5-720 of this Act.

(7) TheFines courtand shallassessments, not,including asany afee conditionor ofadministrative probation,cost conditionalauthorized discharge,under orSection supervision,5-4.5-105, order5-5-10, the5-6-3, minor5-6-3.1, 5-7-6, 5-9-1.4, or the5-9-1.9 minor'sof parent,the guardian,Unified orCode legalof custodianCorrections, toshall paynot fees,be fines,ordered or costs,imposed includingon anya fee,minor fine, or administrativethe costminor's authorizedparent, underguardian, Sectionor 5-4.5-105,legal 5-5-10,custodian 5-6-3,as 5-6-3.1,a 5-7-6,condition 5-9-1.4, or 5-9-1.9 of theprobation, Unifiedconditional Codedischarge, ofor Corrections.supervision.

Inability to pay shall not be grounds to object to the minor's placement on SB1463 Enrolled - 112 - LRB103 25983 RLC 52337 b probation, conditional discharge, or supervision.

(0.1) (a) The Illinois State Police and all law SB1463 Engrossed - 103 - LRB103 25983 RLC 52337 b enforcement agencies within the State shall automatically expunge, on or before January 1 of each year, except as described in paragraph (c) of subsection (0.1), all juvenile law enforcement records relating to events occurring before an individual's 18th birthday if:

(b) If the law enforcement agency is unable to verify SB1463 Enrolled - 113 - LRB103 25983 RLC 52337 b satisfaction of conditions (2) and (3) of this subsection (0.1), records that satisfy condition (1) of this subsection (0.1) shall be automatically expunged if the records relate to an offense that if committed by an adult would not be an offense classified as a Class 2 felony or higher, an offense under Article 11 of the Criminal Code of 1961 or Criminal Code of 2012, or an offense under Section 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961.

SB1463 Engrossed - 104 - LRB103 25983 RLC 52337 b (c) If the juvenile law enforcement record was received through a public submission to a statewide student confidential reporting system administered by the Illinois State Police, the record will be maintained for a period of 5 years according to all other provisions in subsection (0.1).

Nothing in this subsection (0.15) shall be construed to restrict or modify an individual's right to have his or her SB1463 Enrolled - 114 - LRB103 25983 RLC 52337 b juvenile law enforcement records expunged except as otherwise may be provided in this Act.

(0.2) (a) Upon dismissal of a petition alleging delinquency or upon a finding of not delinquent, the successful termination of an order of supervision, or the successful termination of an adjudication for an offense which would be a Class B misdemeanor, Class C misdemeanor, or a petty or business offense if committed by an adult, the court shall SB1463 Engrossed - 105 - LRB103 25983 RLC 52337 b automatically order the expungement of the juvenile court records and juvenile law enforcement records.

If the chief law enforcement officer of the agency, or his or her designee, certifies in writing that certain information is needed with respect to an internal investigation of any law enforcement office, that information and information identifying the juvenile may be retained within an intelligence file until the SB1463 Enrolled - 115 - LRB103 25983 RLC 52337 b investigation is terminated or the disciplinary action, including appeals, has been completed, whichever is later.

(0.3) (a) Upon an adjudication of delinquency based on any offense except a disqualified offense, the juvenile court shall automatically order the expungement of the juvenile SB1463 Engrossed - 106 - LRB103 25983 RLC 52337 b court and law enforcement records 2 years after the juvenile's case was closed if no delinquency or criminal proceeding is pending and the person has had no subsequent delinquency adjudication or criminal conviction.

Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or SB1463 Enrolled - 116 - LRB103 25983 RLC 52337 b subsection (b) of Section 8-1, paragraph (4) of subsection (a) of Section 11-14.4, subsection (a-5) of Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or (2) of subsection (a) of Section 12-7.4, subparagraph (i) of paragraph (1) of subsection (a) of Section 12-9, subparagraph (H) of paragraph (3) of subsection (a) of Section 24-1.6, paragraph (1) of subsection (a) of Section 25-1, or subsection SB1463 Engrossed - 107 - LRB103 25983 RLC 52337 b (a-7) of Section 31-1 of the Criminal Code of 2012.

(0.4) Automatic expungement for the purposes of this Section shall not require law enforcement agencies to obliterate or otherwise destroy juvenile law enforcement records that would otherwise need to be automatically expunged under this Act, except after 2 years following the subject arrest for purposes of use in civil litigation against a governmental entity or its law enforcement agency or personnel SB1463 Enrolled - 117 - LRB103 25983 RLC 52337 b which created, maintained, or used the records.

SB1463 Engrossed - 108 - LRB103 25983 RLC 52337 b (0.6) Juvenile law enforcement records of a plaintiff who has filed civil litigation against the governmental entity or its law enforcement agency or personnel that created, maintained, or used the records, or juvenile law enforcement records that contain information related to the allegations set forth in the civil litigation may not be expunged until after 2 years have elapsed after the conclusion of the lawsuit, including any appeal.

(1) Whenever a person has been arrested, charged, or adjudicated delinquent for an incident occurring before his or her 18th birthday that if committed by an adult would be an offense, and that person's juvenile law enforcement and juvenile court records are not eligible for automatic expungement under subsection (0.1), (0.2), or (0.3), the person may petition the court at any time at no cost to the SB1463 Enrolled - 118 - LRB103 25983 RLC 52337 b person for expungement of juvenile law enforcement records and juvenile court records relating to the incident and, upon termination of all juvenile court proceedings relating to that incident, the court shall order the expungement of all records in the possession of the Illinois State Police, the clerk of the circuit court, and law enforcement agencies relating to the incident, but only in any of the following circumstances:

(a) the minor was arrested and no petition for SB1463 Engrossed - 109 - LRB103 25983 RLC 52337 b delinquency was filed with the clerk of the circuit court;

SB1463 Enrolled - 119 - LRB103 25983 RLC 52337 b (1.6) (Blank).

(2) Any person whose delinquency adjudications are not eligible for automatic expungement under subsection (0.3) of this Section may petition the court at no cost to the person to expunge all juvenile law enforcement records relating to any incidents occurring before his or her 18th birthday which did SB1463 Engrossed - 110 - LRB103 25983 RLC 52337 b not result in proceedings in criminal court and all juvenile court records with respect to any adjudications except those based upon first degree murder or an offense under Article 11 of the Criminal Code of 2012 if the person is required to register under the Sex Offender Registration Act at the time he or she petitions the court for expungement;

(2.5) If a minor is arrested and no petition for delinquency is filed with the clerk of the circuit court at the time the minor is released from custody, the youth officer, if applicable, or other designated person from the arresting agency, shall notify verbally and in writing to the minor or the minor's parents or guardians that the minor shall have an arrest record and shall provide the minor and the minor's parents or guardians with an expungement information packet, SB1463 Enrolled - 120 - LRB103 25983 RLC 52337 b information regarding this State's expungement laws including a petition to expunge juvenile law enforcement and juvenile court records obtained from the clerk of the circuit court.

(2.6) If a minor is referred to court, then, at the time of sentencing, dismissal of the case, or successful completion of supervision, the judge shall inform the delinquent minor of his or her rights regarding expungement and the clerk of the circuit court shall provide an expungement information packet SB1463 Engrossed - 111 - LRB103 25983 RLC 52337 b to the minor, written in plain language, including information regarding this State's expungement laws and a petition for expungement, a sample of a completed petition, expungement instructions that shall include information informing the minor that (i) once the case is expunged, it shall be treated as if it never occurred, (ii) he or she shall not be charged a fee to petition for expungement may apply to have petition fees waived, (iii) once he or she obtains an expungement, he or she may not be required to disclose that he or she had a juvenile law enforcement or juvenile court record, and (iv) if petitioning he or she may file the petition on his or her own or with the assistance of an attorney.

SB1463 Enrolled - 121 - LRB103 25983 RLC 52337 b (2.8) (Blank).

(5.5) Whether or not expunged, records eligible for SB1463 Engrossed - 112 - LRB103 25983 RLC 52337 b automatic expungement under subdivision (0.1)(a), (0.2)(a), or (0.3)(a) may be treated as expunged by the individual subject to the records.

SB1463 Enrolled - 122 - LRB103 25983 RLC 52337 b (9) (Blank).

(1) Each county board shall provide in its annual SB1463 Engrossed - 113 - LRB103 25983 RLC 52337 b appropriation ordinance or annual budget, as the case may be, a reasonable sum for payments for the care and support of minors, and for payments for court appointed counsel in accordance with orders entered under this Act in an amount which in the judgment of the county board may be needed for that purpose.

(2) No county may be charged with the care and support of any minor who is not a resident of the county unless his parents or guardian are unknown or the minor's place of SB1463 Enrolled - 123 - LRB103 25983 RLC 52337 b residence cannot be determined.

806-9) SB1463 Engrossed - 114 - LRB103 25983 RLC 52337 b Sec.

If the court determines at any hearing that a parent or any other person named in the petition, liable under the law for the support of the minor, is able to contribute to help defray the costs associated with the minor's detention in a county or regional SB1463 Enrolled - 124 - LRB103 25983 RLC 52337 b detention center, the court shall enter an order requiring that parent or other person to pay the clerk of the court a reasonable sum for the care and support of the minor.

TheCosts courtassociated shallwith notdetention, orderlegal arepresentation, parent, guardian, or legalother custodianservices liableor programs under theArticle lawIII, forIV, theor supportV of athis minorAct toshall SB1463not Engrossedbe -ordered 115or -imposed LRB103on 25983a RLCparent, 52337guardian, bor pay for costs associated with detention, legal representation,custodian orliable other matters under Articlethe III,law IV,for orthe Vsupport of thisa Act.minor.

If it appears at the detention or shelter care hearing of a minor before the court under Section 5-501 that a parent or any other person liable for support of the minor is able to contribute to his or her support, that parent or other person shall be required to pay a fee for room and board at a rate not to exceed $10 per day established, with the concurrence of the chief judge of the judicial circuit, by the county board of the SB1463 Enrolled - 125 - LRB103 25983 RLC 52337 b county in which the minor is detained unless the court determines that it is in the best interest and welfare of the minor to waive the fee.

SB1463 Engrossed - 116 - LRB103 25983 RLC 52337 b Upon application, the court shall waive liability for support or legal fees under this Section if the parent or other person establishes that he or she is indigent and unable to pay the incurred liability, and the court may reduce or waive liability if the parent or other person establishes circumstances showing that full payment of support or legal fees would result in financial hardship to the person or his or her family.

SB1463 Enrolled - 126 - LRB103 25983 RLC 52337 b (3) If the minor is a recipient of public aid under the Illinois Public Aid Code, the court shall order that payments made by a parent or through assignment of his wages, salary or commission be made directly to (a) the Department of Healthcare and Family Services if the minor is a recipient of aid under Article V of the Code, (b) the Department of Human Services if the minor is a recipient of aid under Article IV of the Code, or (c) the local governmental unit responsible for the support of the minor if he is a recipient under Articles VI SB1463 Engrossed - 117 - LRB103 25983 RLC 52337 b or VII of the Code.

SB1463 Enrolled - 127 - LRB103 25983 RLC 52337 b (Source:

(a) The court shall order an eligibility screening and an assessment of the minor by an agent designated by the State of SB1463 Engrossed - 118 - LRB103 25983 RLC 52337 b Illinois to provide assessment services for the Illinois Courts.

(d) In addition to any conditions authorized under Sections 5-505, 5-710, and 5-715 of the Juvenile Court Act of SB1463 Enrolled - 128 - LRB103 25983 RLC 52337 b 1987, the court may order the minor to complete substance abuse treatment in an outpatient, inpatient, residential, or detention-based custodial treatment program.

fines, costs, restitution, reasonable SB1463 Engrossed - 119 - LRB103 25983 RLC 52337 b public service employment, incarceration of up to 120 days, individual and group therapy, drug analysis testing, close monitoring by the court at a minimum of once every 30 days and supervision of progress, educational or vocational counseling as appropriate, and other requirements necessary to fulfill the drug court program.

(f) TheFines courtand shallassessments, notsuch orderas anyfees fees, fines, or administrative costscosts, under this Section shall not be ordered or imposed against minors or their parents, guardians, or legal custodians.

SB1463 Enrolled - 129 - LRB103 25983 RLC 52337 b (720 ILCS 5/12C-60) (Text of Section before amendment by P.A.

(2) A parent or guardian of a minor or other person in custody or control of a minor commits a curfew offense SB1463 Engrossed - 120 - LRB103 25983 RLC 52337 b when he or she knowingly permits the minor to remain in any public place or on the premises of any establishment during curfew hours.

(6) on the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the SB1463 Enrolled - 130 - LRB103 25983 RLC 52337 b neighbor did not complain to the police department about the minor's presence;

(7) attending an official school, religious, or other recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by a government or governmental SB1463 Engrossed - 121 - LRB103 25983 RLC 52337 b agency, a civic organization, or another similar entity that takes responsibility for the minor;

SB1463 Enrolled - 131 - LRB103 25983 RLC 52337 b (A) Between 12:01 a.m.

The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent SB1463 Engrossed - 122 - LRB103 25983 RLC 52337 b serious bodily injury or loss of life.

or (B) at least 18 years of age and authorized by a parent or guardian to have the care and custody of a SB1463 Enrolled - 132 - LRB103 25983 RLC 52337 b minor.

or (B) fail to leave premises when requested to do so by a police officer or the owner, operator, or other SB1463 Engrossed - 123 - LRB103 25983 RLC 52337 b person in control of the premises.

In addition to or instead of the fine imposed by this Section, the court may order a parent, legal guardian, or other person convicted of a violation of subsection (a) of this Section to perform community service as determined by the court, except that the legal guardian of a person subject to delinquency proceedings or who has been made a ward of the court under the Juvenile SB1463 Enrolled - 133 - LRB103 25983 RLC 52337 b Court Act of 1987 may not be ordered to perform community service.

TheFines courtand shallassessments, notsuch orderas fees,fees fines, or administrative costscosts, shall not be ordered or imposed against a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, SB1463 Engrossed - 124 - LRB103 25983 RLC 52337 b guardian, or legal custodian.

SB1463 Enrolled - 134 - LRB103 25983 RLC 52337 b (2) A parent or guardian of a minor or other person in custody or control of a minor commits a curfew offense when he or she knowingly permits the minor to remain in any public place or on the premises of any establishment during curfew hours.

(2) on an errand at the direction of the minor's SB1463 Engrossed - 125 - LRB103 25983 RLC 52337 b parent or guardian, without any detour or stop;

(7) attending an official school, religious, or other recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, SB1463 Enrolled - 135 - LRB103 25983 RLC 52337 b religious, or other recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the minor;

Before taking any enforcement action SB1463 Engrossed - 126 - LRB103 25983 RLC 52337 b under this Section, a law enforcement officer shall ask the apparent offender's age and reason for being in the public place.

The term includes, but is not limited SB1463 Enrolled - 136 - LRB103 25983 RLC 52337 b to, a fire, a natural disaster, an automobile crash, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

or SB1463 Engrossed - 127 - LRB103 25983 RLC 52337 b (B) a public or private agency with whom a minor has been placed by a court.

or SB1463 Enrolled - 137 - LRB103 25983 RLC 52337 b (B) fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.

A violation of this Section is a petty offense with a fine of not less than $10 nor more than $500, except that neither a person who has been made a ward of the SB1463 Engrossed - 128 - LRB103 25983 RLC 52337 b court under the Juvenile Court Act of 1987, nor that person's legal guardian, shall be subject to any fine.

TheFines courtand shallassessments, notsuch orderas fees,fees fines, or administrative costscosts, shall not be ordered or imposed against a minor under the age of 18 SB1463 Enrolled - 138 - LRB103 25983 RLC 52337 b transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.

SB1463 Engrossed - 129 - LRB103 25983 RLC 52337 b (Source:

Within 30 days after the deposit of the fine, the clerk shall distribute the proceeds of the fine SB1463 Enrolled - 139 - LRB103 25983 RLC 52337 b as follows:

SB1463 Engrossed - 130 - LRB103 25983 RLC 52337 b (2) $15 to the county to fund drug addiction services;

SB1463 Enrolled - 140 - LRB103 25983 RLC 52337 b (b) more than 10 grams but not more than 30 grams of any substance containing cannabis is guilty of a Class B misdemeanor;

(d) more than 100 grams but not more than 500 grams of any substance containing cannabis is guilty of a Class 4 SB1463 Engrossed - 131 - LRB103 25983 RLC 52337 b felony;

TheFines courtand shallassessments, notsuch orderas finesfees or anyadministrative othercosts, applicable assessments authorized under this Section shall not be ordered or imposed against a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court SB1463 Enrolled - 141 - LRB103 25983 RLC 52337 b jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.

(a) Whenever any person who has not previously been convicted of any felony offense under this Act or any law of the United States or of any State relating to cannabis, or controlled substances as defined in the Illinois Controlled SB1463 Engrossed - 132 - LRB103 25983 RLC 52337 b Substances Act, pleads guilty to or is found guilty of violating Sections 4(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of this Act, the court may, without entering a judgment and with the consent of such person, sentence him to probation.

and (4) perform no less than 30 hours SB1463 Enrolled - 142 - LRB103 25983 RLC 52337 b of community service, provided community service is available in the jurisdiction and is funded and approved by the county board.

(1) make a report to and appear in person before or participate with the court or such courts, person, or social service agency as directed by the court in the SB1463 Engrossed - 133 - LRB103 25983 RLC 52337 b order of probation;

(7-5) refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of SB1463 Enrolled - 143 - LRB103 25983 RLC 52337 b his or her blood or urine or both for tests to determine the presence of any illicit drug;

(e) Upon violation of a term or condition of probation, the court may enter a judgment on its original finding of guilt SB1463 Engrossed - 134 - LRB103 25983 RLC 52337 b and proceed as otherwise provided.

(i) If a person is convicted of an offense under this Act, the Illinois Controlled Substances Act, or the Methamphetamine SB1463 Enrolled - 144 - LRB103 25983 RLC 52337 b Control and Community Protection Act within 5 years subsequent to a discharge and dismissal under this Section, the discharge and dismissal under this Section shall be admissible in the sentencing proceeding for that conviction as a factor in aggravation.

The drug court team shall evaluate the person's SB1463 Engrossed - 135 - LRB103 25983 RLC 52337 b likelihood of successfully completing a sentence of probation under this Section and shall report the results of its evaluation to the court.

(k) TheFines courtand shallassessments, notsuch orderas fees,fees fines, costs or anyadministrative othercosts, assessments authorized under this Section shall not be ordered or imposed against a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.

SB1463 Enrolled - 145 - LRB103 25983 RLC 52337 b (Source:

The Unified Code of Corrections is amended by changing Sections 5-4.5-105, 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-8A-6, 5-9-1.4, 5-9-1.9, and 5-9-1.95-9-3 as follows:

SB1463 Engrossed - 136 - LRB103 25983 RLC 52337 b (a) On or after the effective date of this amendatory Act of the 99th General Assembly, when a person commits an offense and the person is under 18 years of age at the time of the commission of the offense, the court, at the sentencing hearing conducted under Section 5-4-1, shall consider the following additional factors in mitigation in determining the appropriate sentence:

(3) the person's family, home environment, educational SB1463 Enrolled - 146 - LRB103 25983 RLC 52337 b and social background, including any history of parental neglect, physical abuse, or other childhood trauma;

SB1463 Engrossed - 137 - LRB103 25983 RLC 52337 b (8) the person's prior juvenile or criminal history;

(b) Except as provided in subsections subsection (c) and (d), the court may sentence the defendant to any disposition authorized for the class of the offense of which he or she was found guilty as described in Article 4.5 of this Code, and may, in its discretion, decline to impose any otherwise applicable sentencing enhancement based upon firearm possession, possession with personal discharge, or possession with personal discharge that proximately causes great bodily harm, SB1463 Enrolled - 147 - LRB103 25983 RLC 52337 b permanent disability, permanent disfigurement, or death to another person.

In addition, the court may, in its discretion, decline to impose SB1463 Engrossed - 138 - LRB103 25983 RLC 52337 b the sentencing enhancements based upon the possession or use of a firearm during the commission of the offense included in subsection (d) of Section 5-8-1.

(d) TheFines courtand shallassessments, notsuch orderas anyfees fees, fines, or administrative costscosts, shall not be ordered or imposed against a minor subject to this Code or against the minor's parent, guardian, or legal custodian.

1-1-17.) (730 ILCS 5/5-5-10) SB1463 Enrolled - 148 - LRB103 25983 RLC 52337 b Sec.

The court shall may not impose a fee on a minor who is placed in the guardianship or custody of the Department of Children and SB1463 Engrossed - 139 - LRB103 25983 RLC 52337 b Family Services under the Juvenile Court Act of 1987 while the minor is in placement.

A circuit court shall may not impose a probation fee on a minor subject to the Juvenile Court Act of 1987, or on a minor SB1463 Enrolled - 149 - LRB103 25983 RLC 52337 b under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.

and (2) the circuit court has authorized, by administrative order issued SB1463 Engrossed - 140 - LRB103 25983 RLC 52337 b by the chief judge, the creation of a Crime Victim's Services Fund, to be administered by the Chief Judge or his or her designee, for services to crime victims and their families.

(2) report to or appear in person before such person SB1463 Enrolled - 150 - LRB103 25983 RLC 52337 b or agency as directed by the court;

(4) not leave the State without the consent of the court or, in circumstances in which the reason for the absence is of such an emergency nature that prior consent by the court is not possible, without the prior SB1463 Engrossed - 141 - LRB103 25983 RLC 52337 b notification and approval of the person's probation officer.

The community service SB1463 Enrolled - 151 - LRB103 25983 RLC 52337 b shall include, but not be limited to, the cleanup and repair of any damage caused by a violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012 and similar damage to property located within the municipality or county in which the violation occurred.

The court may give credit toward SB1463 Engrossed - 142 - LRB103 25983 RLC 52337 b the fulfillment of community service hours for participation in activities and treatment as determined by court services.

The SB1463 Enrolled - 152 - LRB103 25983 RLC 52337 b person on probation or conditional discharge must attend a public institution of education to obtain the educational or vocational training required by this paragraph (7).

The court shall resentence the offender whose probation or SB1463 Engrossed - 143 - LRB103 25983 RLC 52337 b conditional discharge has been revoked as provided in Section 5-6-4.

(8) if convicted of possession of a substance prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act after a previous conviction or disposition of supervision for possession of a substance prohibited by the Cannabis Control Act or Illinois Controlled Substances Act or after a sentence of probation under Section 10 of the Cannabis Control Act, SB1463 Enrolled - 153 - LRB103 25983 RLC 52337 b Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act and upon a finding by the court that the person is addicted, undergo treatment at a substance abuse program approved by the court;

(8.5) if convicted of a felony sex offense as defined in the Sex Offender Management Board Act, the person shall undergo and successfully complete sex offender treatment by a treatment provider approved by the Board and conducted in conformance with the standards developed SB1463 Engrossed - 144 - LRB103 25983 RLC 52337 b under the Sex Offender Management Board Act;

(8.7) if convicted for an offense committed on or after June 1, 2008 (the effective date of Public Act 95-464) that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the SB1463 Enrolled - 154 - LRB103 25983 RLC 52337 b Criminal Code of 1961 or the Criminal Code of 2012, refrain from communicating with or contacting, by means of the Internet, a person who is not related to the accused and whom the accused reasonably believes to be under 18 years of age;

(iii) a first or second cousin SB1463 Engrossed - 145 - LRB103 25983 RLC 52337 b of the accused;

(ii) submit to periodic unannounced examinations SB1463 Enrolled - 155 - LRB103 25983 RLC 52337 b of the offender's computer or any other device with Internet capability by the offender's probation officer, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;

(iii) submit to the installation on the offender's SB1463 Engrossed - 146 - LRB103 25983 RLC 52337 b computer or device with Internet capability, at the offender's expense, of one or more hardware or software systems to monitor the Internet use;

(9) if convicted of a felony or of any misdemeanor violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal Code of SB1463 Enrolled - 156 - LRB103 25983 RLC 52337 b 2012 that was determined, pursuant to Section 112A-11.1 of the Code of Criminal Procedure of 1963, to trigger the prohibitions of 18 U.S.C.

(10) if convicted of a sex offense as defined in SB1463 Engrossed - 147 - LRB103 25983 RLC 52337 b subsection (a-5) of Section 3-1-2 of this Code, unless the offender is a parent or guardian of the person under 18 years of age present in the home and no non-familial minors are present, not participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter;

(11) if convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act committed on or after January 1, 2010 (the effective date of Public Act 96-362) that requires the person to register as a sex offender under that Act, may not knowingly use any computer scrub software on any computer that the sex SB1463 Enrolled - 157 - LRB103 25983 RLC 52337 b offender uses;

and (B) prohibited from purchasing, possessing, or having under his or her control any product containing SB1463 Engrossed - 148 - LRB103 25983 RLC 52337 b ammonium nitrate;

(1) serve a term of periodic imprisonment under Article 7 for a period not to exceed that specified in SB1463 Enrolled - 158 - LRB103 25983 RLC 52337 b paragraph (d) of Section 5-7-1;

SB1463 Engrossed - 149 - LRB103 25983 RLC 52337 b (i) reside with his parents or in a foster home;

(9) perform some reasonable public or community SB1463 Enrolled - 159 - LRB103 25983 RLC 52337 b service;

(ii) admit any person or agent designated by the court into the offender's place of confinement at any SB1463 Engrossed - 150 - LRB103 25983 RLC 52337 b time for purposes of verifying the offender's compliance with the conditions of his confinement;

This fee shall be imposed in addition to SB1463 Enrolled - 160 - LRB103 25983 RLC 52337 b the fees imposed under subsections (g) and (i) of this Section.

SB1463 Engrossed - 151 - LRB103 25983 RLC 52337 b The Chief Judge of the circuit court of the county may by administrative order establish a program for electronic monitoring of offenders, in which a vendor supplies and monitors the operation of the electronic monitoring device, and collects the fees on behalf of the county.

and (v) for persons convicted of offenses other than those referenced in clause (iv) above and who are placed on an approved monitoring device as a condition of probation or conditional discharge, the court shall SB1463 Enrolled - 161 - LRB103 25983 RLC 52337 b impose a reasonable fee for each day of the use of the device, as established by the county board in subsection (g) of this Section, unless after determining the inability of the defendant to pay the fee, the court assesses a lesser fee or no fee as the case may be.

The SB1463 Engrossed - 152 - LRB103 25983 RLC 52337 b clerk of the circuit court shall pay all monies collected from this fee to the county treasurer who shall use the monies collected to defray the costs of corrections.

The Chief Judge of the circuit court may suspend SB1463 Enrolled - 162 - LRB103 25983 RLC 52337 b any additional charges or fees for late payment, interest, or damage to any device.

SB1463 Engrossed - 153 - LRB103 25983 RLC 52337 b (12) reimburse any "local anti-crime program" as defined in Section 7 of the Anti-Crime Advisory Council Act for any reasonable expenses incurred by the program on the offender's case, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced;

(13) contribute a reasonable sum of money, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced, (i) to a "local anti-crime program", as defined in Section 7 of the Anti-Crime Advisory Council Act, or (ii) for offenses under the jurisdiction of the Department of Natural Resources, to the fund established by the Department of Natural Resources for the purchase of evidence for investigation purposes and to conduct investigations as outlined in Section 805-105 of the Department of Natural SB1463 Enrolled - 163 - LRB103 25983 RLC 52337 b Resources (Conservation) Law;

(15) refrain from having any contact, directly or SB1463 Engrossed - 154 - LRB103 25983 RLC 52337 b indirectly, with certain specified persons or particular types of persons, including but not limited to members of street gangs and drug users or dealers;

(17) if convicted for an offense committed on or after June 1, 2008 (the effective date of Public Act 95-464) that would qualify the accused as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, refrain from communicating with or contacting, by means of the SB1463 Enrolled - 164 - LRB103 25983 RLC 52337 b Internet, a person who is related to the accused and whom the accused reasonably believes to be under 18 years of age;

(18) if convicted for an offense committed on or after SB1463 Engrossed - 155 - LRB103 25983 RLC 52337 b June 1, 2009 (the effective date of Public Act 95-983) that would qualify as a sex offense as defined in the Sex Offender Registration Act:

(ii) submit to periodic unannounced examinations of the offender's computer or any other device with Internet capability by the offender's probation officer, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external SB1463 Enrolled - 165 - LRB103 25983 RLC 52337 b peripherals and removal of such information, equipment, or device to conduct a more thorough inspection;

and (iv) submit to any other appropriate restrictions concerning the offender's use of or access to a computer or any other device with Internet capability SB1463 Engrossed - 156 - LRB103 25983 RLC 52337 b imposed by the offender's probation officer;

(d) An offender sentenced to probation or to conditional SB1463 Enrolled - 166 - LRB103 25983 RLC 52337 b discharge shall be given a certificate setting forth the conditions thereof.

SB1463 Engrossed - 157 - LRB103 25983 RLC 52337 b Persons committed to imprisonment as a condition of probation or conditional discharge shall not be committed to the Department of Corrections.

The county board with the concurrence of the Chief Judge of the judicial circuit in SB1463 Enrolled - 167 - LRB103 25983 RLC 52337 b which the county is located shall establish reasonable fees for the cost of maintenance, testing, and incidental expenses related to the mandatory drug or alcohol testing, or both, and all costs incidental to approved electronic monitoring, involved in a successful probation program for the county.

The clerk of the circuit court shall pay all moneys collected from these fees SB1463 Engrossed - 158 - LRB103 25983 RLC 52337 b to the county treasurer who shall use the moneys collected to defray the costs of drug testing, alcohol testing, and electronic monitoring.

SB1463 Enrolled - 168 - LRB103 25983 RLC 52337 b (h) Jurisdiction over an offender may be transferred from the sentencing court to the court of another circuit with the concurrence of both courts.

For all transfer cases, as SB1463 Engrossed - 159 - LRB103 25983 RLC 52337 b defined in Section 9b of the Probation and Probation Officers Act, the probation department from the original sentencing court shall retain all probation fees collected prior to the transfer.

(i) The court shall impose upon an offender sentenced to probation after January 1, 1989 or to conditional discharge after January 1, 1992 or to community service under the supervision of a probation or court services department after January 1, 2004, as a condition of such probation or conditional discharge or supervised community service, a fee of $50 for each month of probation or conditional discharge supervision or supervised community service ordered by the court, unless after determining the inability of the person sentenced to probation or conditional discharge or supervised SB1463 Enrolled - 169 - LRB103 25983 RLC 52337 b community service to pay the fee, the court assesses a lesser fee.

The clerk of the circuit court shall pay all monies collected from this fee to the county treasurer for deposit in the probation and court services fund SB1463 Engrossed - 160 - LRB103 25983 RLC 52337 b under Section 15.1 of the Probation and Probation Officers Act.

Any offender that has been assigned to the supervision of a SB1463 Enrolled - 170 - LRB103 25983 RLC 52337 b probation department, or has been transferred either under subsection (h) of this Section or under any interstate compact, shall be required to pay probation fees to the department supervising the offender, based on the offender's ability to pay.

SB1463 Engrossed - 161 - LRB103 25983 RLC 52337 b (i-5) In addition to the fees imposed under subsection (i) of this Section, in the case of an offender convicted of a felony sex offense (as defined in the Sex Offender Management Board Act) or an offense that the court or probation department has determined to be sexually motivated (as defined in the Sex Offender Management Board Act), the court or the probation department shall assess additional fees to pay for all costs of treatment, assessment, evaluation for risk and treatment, and monitoring the offender, based on that offender's ability to pay those costs either as they occur or under a payment plan.

(j) All fines and costs imposed under this Section for any violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle Code, or a similar provision of a local ordinance, and any violation of the Child Passenger Protection Act, or a similar provision of a local ordinance, shall be collected and SB1463 Enrolled - 171 - LRB103 25983 RLC 52337 b disbursed by the circuit clerk as provided under the Criminal and Traffic Assessment Act.

(k) Any offender who is sentenced to probation or conditional discharge for a felony sex offense as defined in the Sex Offender Management Board Act or any offense that the court or probation department has determined to be sexually motivated as defined in the Sex Offender Management Board Act shall be required to refrain from any contact, directly or indirectly, with any persons specified by the court and shall be available for all evaluations and treatment programs SB1463 Engrossed - 162 - LRB103 25983 RLC 52337 b required by the court or the probation department.

(m) Except for restitution, and assessments issued for adjudications under Section 5-125 of the courtJuvenile shallCourt notAct orderof any1987, fees,fines fines,and costs,assessments, orsuch otheras applicablefees assessmentsor administrative costs, authorized under this Section againstshall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.

8-20-21.) SB1463 Enrolled - 172 - LRB103 25983 RLC 52337 b (730 ILCS 5/5-6-3.1) (from Ch.

(b) The period of supervision shall be reasonable under all of the circumstances of the case, but may not be longer than 2 years, unless the defendant has failed to pay the assessment required by Section 10.3 of the Cannabis Control Act, Section 411.2 of the Illinois Controlled Substances Act, or Section 80 of the Methamphetamine Control and Community SB1463 Engrossed - 163 - LRB103 25983 RLC 52337 b Protection Act, in which case the court may extend supervision beyond 2 years.

The community service shall include, but not be limited to, the cleanup and repair of any SB1463 Enrolled - 173 - LRB103 25983 RLC 52337 b damage caused by violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012 and similar damages to property located within the municipality or county in which the violation occurred.

(c) The court may in addition to other reasonable conditions relating to the nature of the offense or the rehabilitation of the defendant as determined for each SB1463 Engrossed - 164 - LRB103 25983 RLC 52337 b defendant in the proper discretion of the court require that the person:

SB1463 Enrolled - 174 - LRB103 25983 RLC 52337 b (7) refrain from possessing a firearm or other dangerous weapon;

or (v) with the consent of the superintendent of the facility, attend an educational program at a facility other than the school in which the offense was committed if he or she is placed on supervision for a SB1463 Engrossed - 165 - LRB103 25983 RLC 52337 b crime of violence as defined in Section 2 of the Crime Victims Compensation Act committed in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;

(11) comply with the terms and conditions of an order of protection issued by the court pursuant to the Illinois Domestic Violence Act of 1986 or an order of protection SB1463 Enrolled - 175 - LRB103 25983 RLC 52337 b issued by the court of another state, tribe, or United States territory.

SB1463 Engrossed - 166 - LRB103 25983 RLC 52337 b (13) contribute a reasonable sum of money, not to exceed the maximum amount of the fine authorized for the offense for which the defendant was sentenced, (i) to a "local anti-crime program", as defined in Section 7 of the Anti-Crime Advisory Council Act, or (ii) for offenses under the jurisdiction of the Department of Natural Resources, to the fund established by the Department of Natural Resources for the purchase of evidence for investigation purposes and to conduct investigations as outlined in Section 805-105 of the Department of Natural Resources (Conservation) Law;

Such terms may include consideration of the SB1463 Enrolled - 176 - LRB103 25983 RLC 52337 b purpose of the entry, the time of day, other persons accompanying the defendant, and advance approval by a probation officer;

(16) refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of SB1463 Engrossed - 167 - LRB103 25983 RLC 52337 b his or her blood or urine or both for tests to determine the presence of any illicit drug;

and (18) if placed on supervision for a sex offense as defined in subsection (a-5) of Section 3-1-2 of this Code, unless the offender is a parent or guardian of the person under 18 years of age present in the home and no SB1463 Enrolled - 177 - LRB103 25983 RLC 52337 b non-familial minors are present, not participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter.

(c-5) If payment of restitution as ordered has not been made, the victim shall file a petition notifying the sentencing court, any other person to whom restitution is owed, and the State's Attorney of the status of the ordered restitution payments unpaid at least 90 days before the SB1463 Engrossed - 168 - LRB103 25983 RLC 52337 b supervision expiration date.

If the court issues a judgment for the unpaid restitution, the court shall send to the defendant at his or her last known address written notification that a civil judgment has been issued for the SB1463 Enrolled - 178 - LRB103 25983 RLC 52337 b unpaid restitution.

(f) Discharge and dismissal upon a successful conclusion of a disposition of supervision shall be deemed without adjudication of guilt and shall not be termed a conviction for purposes of disqualification or disabilities imposed by law SB1463 Engrossed - 169 - LRB103 25983 RLC 52337 b upon conviction of a crime.

A person placed on supervision for a sexual offense committed against a minor as defined in clause SB1463 Enrolled - 179 - LRB103 25983 RLC 52337 b (a)(1)(L) of Section 5.2 of the Criminal Identification Act or for a violation of Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance shall not have his or her record of arrest sealed or expunged.

The county board with the concurrence of the SB1463 Engrossed - 170 - LRB103 25983 RLC 52337 b Chief Judge of the judicial circuit in which the county is located shall establish reasonable fees for the cost of maintenance, testing, and incidental expenses related to the mandatory drug or alcohol testing, or both, and all costs incidental to approved electronic monitoring, of all defendants placed on supervision.

The county treasurer shall deposit the fees collected in the SB1463 Enrolled - 180 - LRB103 25983 RLC 52337 b county working cash fund under Section 6-27001 or Section 6-29002 of the Counties Code, as the case may be.

The Chief Judge of the circuit court may suspend any additional charges or fees for late payment, interest, or SB1463 Engrossed - 171 - LRB103 25983 RLC 52337 b damage to any device.

The court may not impose the fee on a minor who is placed in the guardianship or custody of the Department of Children and SB1463 Enrolled - 181 - LRB103 25983 RLC 52337 b Family Services under the Juvenile Court Act of 1987 while the minor is in placement.

A circuit court may not impose a probation fee in excess of $25 per month unless the circuit court has adopted, by administrative order issued by the chief judge, a standard SB1463 Engrossed - 172 - LRB103 25983 RLC 52337 b probation fee guide determining an offender's ability to pay.

Any offender that has been assigned to the supervision of a probation department, or has been transferred either under subsection (h) of this Section or under any interstate compact, shall be required to pay probation fees to the SB1463 Enrolled - 182 - LRB103 25983 RLC 52337 b department supervising the offender, based on the offender's ability to pay.

(k) A defendant at least 17 years of age who is placed on supervision for a misdemeanor in a county of 3,000,000 or more inhabitants and who has not been previously convicted of a SB1463 Engrossed - 173 - LRB103 25983 RLC 52337 b misdemeanor or felony may as a condition of his or her supervision be required by the court to attend educational courses designed to prepare the defendant for a high school diploma and to work toward a high school diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program approved by the court.

The court shall SB1463 Enrolled - 183 - LRB103 25983 RLC 52337 b resentence the defendant upon revocation of supervision as provided in Section 5-6-4.

(l) The court shall require a defendant placed on supervision for possession of a substance prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act SB1463 Engrossed - 174 - LRB103 25983 RLC 52337 b after a previous conviction or disposition of supervision for possession of a substance prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act or a sentence of probation under Section 10 of the Cannabis Control Act or Section 410 of the Illinois Controlled Substances Act and after a finding by the court that the person is addicted, to undergo treatment at a substance abuse program approved by the court.

The SB1463 Enrolled - 184 - LRB103 25983 RLC 52337 b proof shall be maintained by the individual in a manner satisfactory to the Secretary of State for a minimum period of 3 years after the date the proof is first filed.

(n) Any offender placed on supervision for any offense that the court or probation department has determined to be SB1463 Engrossed - 175 - LRB103 25983 RLC 52337 b sexually motivated as defined in the Sex Offender Management Board Act shall be required to refrain from any contact, directly or indirectly, with any persons specified by the court and shall be available for all evaluations and treatment programs required by the court or the probation department.

The provisions of this subsection (o) do not apply to a person convicted of a sex offense who is placed in a Department of Corrections licensed SB1463 Enrolled - 185 - LRB103 25983 RLC 52337 b transitional housing facility for sex offenders.

and a person is not related to the accused if the SB1463 Engrossed - 176 - LRB103 25983 RLC 52337 b person is not:

For purposes of this subsection (q), "Internet" has the meaning ascribed to it in Section 16-0.1 of SB1463 Enrolled - 186 - LRB103 25983 RLC 52337 b the Criminal Code of 2012;

SB1463 Engrossed - 177 - LRB103 25983 RLC 52337 b (i) not access or use a computer or any other device with Internet capability without the prior written approval of the court, except in connection with the offender's employment or search for employment with the prior approval of the court;

SB1463 Enrolled - 187 - LRB103 25983 RLC 52337 b (iii) submit to the installation on the offender's computer or device with Internet capability, at the offender's expense, of one or more hardware or software systems to monitor the Internet use;

(s) An offender placed on supervision for an offense that is a sex offense as defined in Section 2 of the Sex Offender Registration Act that is committed on or after January 1, 2010 (the effective date of Public Act 96-362) that requires the SB1463 Engrossed - 178 - LRB103 25983 RLC 52337 b person to register as a sex offender under that Act, may not knowingly use any computer scrub software on any computer that the sex offender uses.

The court to which jurisdiction has been transferred shall have SB1463 Enrolled - 188 - LRB103 25983 RLC 52337 b the same powers as the sentencing court.

(v) Except for restitution, and assessments issued for adjudications under Section 5-125 of the courtJuvenile shallCourt notAct orderof any1987, fees,fines fines,and costs,assessments, orsuch otheras applicablefees assessmentsor administrative costs, authorized under this Section againstshall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act SB1463 Engrossed - 179 - LRB103 25983 RLC 52337 b of 1987, or the minor's parent, guardian, or legal custodian.

Every offender, including offenders who are sentenced to periodic imprisonment for weekends only, gainfully employed SB1463 Enrolled - 189 - LRB103 25983 RLC 52337 b shall pay a fee for room and board at a rate established, with the concurrence of the chief judge of the judicial circuit, by the county board of the county in which the offender is incarcerated.

All fees for room and board collected SB1463 Engrossed - 180 - LRB103 25983 RLC 52337 b by the circuit court clerk shall be disbursed into the county's General Corporate Fund.

(b) If the offender has one or more dependents who are SB1463 Enrolled - 190 - LRB103 25983 RLC 52337 b recipients of financial assistance pursuant to the Illinois Public Aid Code, or who are residents of a State hospital, State school or foster care facility provided by the State, the court shall order the offender to turn over all or a portion of his earnings to the clerk who shall, after making the deductions provided for under paragraph (a), distribute those earnings to the appropriate agency as reimbursement for the cost of care of such dependents.

The order shall permit the Department of Human Services (acting as successor to the Illinois Department of Public Aid under the Department of Human Services Act) or the local governmental unit, as the case may be, to request the clerk that subsequent payments be made directly to the dependents, or to some agency or person in their behalf, upon removal of the dependents from the public SB1463 Engrossed - 181 - LRB103 25983 RLC 52337 b aid rolls;

He shall deposit all moneys as trustee in a SB1463 Enrolled - 191 - LRB103 25983 RLC 52337 b depository designated by the county board and shall make payments required by the court's order from such trustee account.

(e) TheFines courtand shallassessments, notsuch orderas anyfees fees,or fines,administrative costs, or other applicable assessments authorized under this Section againstshall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 SB1463 Engrossed - 182 - LRB103 25983 RLC 52337 b transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.

For a sexual predator subject to electronic monitoring under paragraph (7.7) of subsection (a) of Section 3-3-7, the Department of Corrections must use a system that actively monitors and identifies the offender's current location and timely reports or records the offender's presence SB1463 Enrolled - 192 - LRB103 25983 RLC 52337 b and that alerts the Department of the offender's presence within a prohibited area described in Section 11-9.3 of the Criminal Code of 2012, in a court order, or as a condition of the offender's parole, mandatory supervised release, or extended mandatory supervised release and the offender's departure from specified geographic limitations.

TheFines courtand shallassessments, notsuch orderas anyfees costsor administrative costs, authorized under this Section againstshall not be ordered or imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, SB1463 Engrossed - 183 - LRB103 25983 RLC 52337 b guardian, or legal custodian.

(a) "Crime laboratory" means any not-for-profit laboratory registered with the Drug Enforcement Administration of the United States Department of Justice, substantially funded by a unit or combination of units of local government or the State of Illinois, which regularly employs at least one person engaged in the analysis of controlled substances, cannabis, methamphetamine, or steroids SB1463 Enrolled - 193 - LRB103 25983 RLC 52337 b for criminal justice agencies in criminal matters and provides testimony with respect to such examinations.

The parent, guardian, or legal custodian of the minor may pay some SB1463 Engrossed - 184 - LRB103 25983 RLC 52337 b or all of such assessment on the minor's behalf.

(c-1) TheA courtcriminal shalllaboratory notanalysis orderassessment, theor paymentequivalent offine aor criminalassessment, laboratorysuch analysisas assessment,fees or equivalentadministrative fine,costs, fee,shall ornot administrativebe cost,ordered byor imposed on a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.

(d) Notwithstanding subsection (c-1) of this Section, all funds All criminal laboratory analysis fees provided for by SB1463 Enrolled - 194 - LRB103 25983 RLC 52337 b this Section shall be collected by the clerk of the court and forwarded to the appropriate crime laboratory fund as provided in subsection (f).

Notwithstanding any other provision of law to the contrary, and in addition to any other transfers that may be provided by SB1463 Engrossed - 185 - LRB103 25983 RLC 52337 b law, on August 20, 2021 (the effective date of Public Act 102-505), or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the State Offender DNA Identification System Fund into the State Crime Laboratory Fund.

SB1463 Enrolled - 195 - LRB103 25983 RLC 52337 b (f) Funds The analysis assessment provided for in subsection (c) of this Section shall be forwarded to the office of the treasurer of the unit of local government that performed the analysis if that unit of local government has established a crime laboratory fund, or to the State Crime Laboratory Fund if the analysis was performed by a laboratory operated by the Illinois State Police.

(g) Moneys deposited into a crime laboratory fund created SB1463 Engrossed - 186 - LRB103 25983 RLC 52337 b pursuant to paragraph (1) or (2) of subsection (e) of this Section shall be in addition to any allocations made pursuant to existing law and shall be designated for the exclusive use of the crime laboratory.

and SB1463 Enrolled - 196 - LRB103 25983 RLC 52337 b (3) continuing education, training, and professional development of forensic scientists regularly employed by these laboratories.

5-13-22.) SB1463 Engrossed - 187 - LRB103 25983 RLC 52337 b (730 ILCS 5/5-9-1.9) Sec.

"DUI analysis" means an analysis of blood, other bodily SB1463 Enrolled - 197 - LRB103 25983 RLC 52337 b substance, or urine for purposes of determining whether a violation of Section 11-501 of the Illinois Vehicle Code has occurred.

(c-1) TheA courtcriminal shalllaboratory notDUI orderanalysis theassessment, paymentor ofequivalent afine criminalor SB1463assessment, Engrossedsuch -as 188fees -or LRB103administrative 25983costs, RLCshall 52337not bbe laboratoryordered DUI analysis assessment, or equivalentimposed fine,on fee, or administrative cost, by a minor subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian.

(d) Notwithstanding subsection (c-1), all funds All crime laboratory DUI analysis assessments provided for by this Section shall be collected by the clerk of the court and SB1463 Enrolled - 198 - LRB103 25983 RLC 52337 b forwarded to the appropriate crime laboratory DUI fund as provided in subsection (f).

(f) Notwithstanding subsection (c-1), all funds The analysis assessment provided for in subsection (c) of this Section shall be forwarded to the office of the treasurer of the unit of local government that performed the analysis if that unit of local government has established a crime SB1463 Engrossed - 189 - LRB103 25983 RLC 52337 b laboratory DUI fund, or remitted to the State Treasurer for deposit into the State Crime Laboratory Fund if the analysis was performed by a laboratory operated by the Illinois State Police.

If the unit of local government or combination of units of local SB1463 Enrolled - 199 - LRB103 25983 RLC 52337 b government has not established a crime laboratory DUI fund, then the funds analysis assessment shall be remitted to the State Treasurer for deposit into the State Crime Laboratory Fund.

SB1463 Engrossed - 190 - LRB103 25983 RLC 52337 b (h) Moneys deposited in the State Crime Laboratory Fund shall be used by State crime laboratories as designated by the Director of the Illinois State Police.

(i) Notwithstanding any other provision of law to the contrary and in addition to any other transfers that may be SB1463 Enrolled - 200 - LRB103 25983 RLC 52337 b provided by law, on June 17, 2021 (the effective date of Public Act 102-16), or as soon thereafter as practical, the State Comptroller shall direct and the State Treasurer shall transfer the remaining balance from the State Police DUI Fund into the State Police Operations Assistance Fund.

5-13-22.) Section(730 45.ILCS 5/5-9-3) (from Ch.

38, par.

1005-9-3) Sec.

5-9-3.

Default.

(a) An offender who defaults in the payment of a fine or any installment of that fine may be held in contempt and imprisoned for nonpayment.

The court may issue a summons for his appearance or a warrant of arrest.

(b) Unless the offender shows that his default was not due to his intentional refusal to pay, or not due to a failure on his part to make a good faith effort to pay, the court may order the offender imprisoned for a term not to exceed 6 months if the fine was for a felony, or 30 days if the fine was for a misdemeanor, a petty offense or a business offense.

Payment of the fine at any time will entitle the offender to be released, but imprisonment under this Section shall not satisfy the SB1463 Enrolled - 201 - LRB103 25983 RLC 52337 b payment of the fine.

(c) If it appears that the default in the payment of a fine is not intentional under paragraph (b) of this Section, the court may enter an order allowing the offender additional time for payment, reducing the amount of the fine or of each installment, or revoking the fine or the unpaid portion.

(d) When a fine is imposed on a corporation or unincorporated organization or association, it is the duty of the person or persons authorized to make disbursement of assets, and their superiors, to pay the fine from assets of the corporation or unincorporated organization or association.

The failure of such persons to do so shall render them subject to proceedings under paragraphs (a) and (b) of this Section.

(e) A default in the payment of a fine, fee, cost, order of restitution, judgment of bond forfeiture, judgment order of forfeiture, or any installment thereof may be collected by any and all means authorized for the collection of money judgments.

The State's Attorney of the county in which the fine, fee, cost, order of restitution, judgment of bond forfeiture, or judgment order of forfeiture was imposed may retain attorneys and private collection agents for the purpose of collecting any default in payment of any fine, fee, cost, order of restitution, judgment of bond forfeiture, judgment order of forfeiture, or installment thereof.

An additional fee of 30% of the delinquent amount and each taxable court cost including, without limitation, costs of service of process, SB1463 Enrolled - 202 - LRB103 25983 RLC 52337 b shall be charged to the offender for any amount of the fine, fee, cost, restitution, or judgment of bond forfeiture or installment of the fine, fee, cost, restitution, or judgment of bond forfeiture that remains unpaid after the time fixed for payment of the fine, fee, cost, restitution, or judgment of bond forfeiture by the court.

The additional fee shall be payable to the State's Attorney in order to compensate the State's Attorney for costs incurred in collecting the delinquent amount.

The State's Attorney may enter into agreements assigning any portion of the fee to the retained attorneys or the private collection agent retained by the State's Attorney.

Any agreement between the State's Attorney and the retained attorneys or collection agents shall require the approval of the Circuit Clerk of that county.

A default in payment of a fine, fee, cost, restitution, or judgment of bond forfeiture shall draw interest at the rate of 9% per annum.

(f) This Section does not apply against a minor or the minor's parent, guardian, or legal custodian in cases subject to Article III, IV, or V of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987.

(Source:

P.A.

98-373, eff.

1-1-14.) Section 45.

SB1463 Enrolled - 203 - LRB103 25983 RLC 52337 b (735 ILCS 5/2-202) (from Ch.

place of SB1463 Engrossed - 191 - LRB103 25983 RLC 52337 b service;

It is not necessary that service be made by a sheriff or coroner of the SB1463 Enrolled - 204 - LRB103 25983 RLC 52337 b county in which service is made.

If served or sought to be served by a sheriff or coroner, he or she shall endorse his or her return thereon, and if by a private person the return shall SB1463 Engrossed - 192 - LRB103 25983 RLC 52337 b be by affidavit.

Registered employees shall SB1463 Enrolled - 205 - LRB103 25983 RLC 52337 b consist of:

SB1463 Engrossed - 193 - LRB103 25983 RLC 52337 b (2) a person who has applied for a Permanent Employee Registration Card, has had his or her fingerprints processed and cleared by the Illinois State Police and the FBI, and as to whom the Department of Financial and Professional Regulation website shows that the person's application for a Permanent Employee Registration Card is pending;

SB1463 Enrolled - 206 - LRB103 25983 RLC 52337 b (c) If any sheriff, coroner, or other person to whom any process is delivered, neglects or refuses to make return of the same, the plaintiff may petition the court to enter a rule SB1463 Engrossed - 194 - LRB103 25983 RLC 52337 b requiring the sheriff, coroner, or other person, to make return of the process on a day to be fixed by the court, or to show cause on that day why that person should not be attached for contempt of the court.

SB1463 Enrolled - 207 - LRB103 25983 RLC 52337 b (f) In counties with a population of 3,000,000 or more, process may be served, with special appointment by the court, by a private process server or a law enforcement agency other SB1463 Engrossed - 195 - LRB103 25983 RLC 52337 b than the county sheriff in proceedings instituted under Article IX of this Code as a result of a lessor or lessor's assignee declaring a lease void pursuant to Section 11 of the Controlled Substance and Cannabis Nuisance Act.