98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5472

Introduced , by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

`705 ILCS 405/5-410`
`705 ILCS 405/5-710`
`705 ILCS 405/5-720`

Amends the Juvenile Court Act of 1987. Increases the minimum age at which an alleged delinquent minor may be placed in a detention facility from 10 years of age to 13 years of age.

LRB098 18613 RLC 53754 b

A BILL FOR

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1 AN ACT concerning courts.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Juvenile Court Act of 1987 is amended by

5 changing Sections 5-410, 5-710, and 5-720 as follows:

6 (705 ILCS 405/5-410)

7 Sec. 5-410. Non-secure custody or detention.

8 (1) Any minor arrested or taken into custody pursuant to

9 this Act who requires care away from his or her home but who

10 does not require physical restriction shall be given temporary

11 care in a foster family home or other shelter facility

12 designated by the court.

13 (2) (a) Any minor 13 ~~10~~years of age or older arrested

14 pursuant to this Act where there is probable cause to believe

15 that the minor is a delinquent minor and that (i) secured

16 custody is a matter of immediate and urgent necessity for the

17 protection of the minor or of the person or property of

18 another, (ii) the minor is likely to flee the jurisdiction of

19 the court, or (iii) the minor was taken into custody under a

20 warrant, may be kept or detained in an authorized detention

21 facility. No minor under 12 years of age shall be detained in a

22 county jail or a municipal lockup for more than 6 hours.

23 (b) The written authorization of the probation officer or

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1 detention officer (or other public officer designated by the

2 court in a county having 3,000,000 or more inhabitants)

3 constitutes authority for the superintendent of any juvenile

4 detention home to detain and keep a minor for up to 40 hours,

5 excluding Saturdays, Sundays and court-designated holidays.

6 These records shall be available to the same persons and

7 pursuant to the same conditions as are law enforcement records

8 as provided in Section 5-905.

9 (b-4) The consultation required by subsection (b-5) shall

10 not be applicable if the probation officer or detention officer

11 (or other public officer designated by the court in a county

12 having 3,000,000 or more inhabitants) utilizes a scorable

13 detention screening instrument, which has been developed with

14 input by the State's Attorney, to determine whether a minor

15 should be detained, however, subsection (b-5) shall still be

16 applicable where no such screening instrument is used or where

17 the probation officer, detention officer (or other public

18 officer designated by the court in a county having 3,000,000 or

19 more inhabitants) deviates from the screening instrument.

20 (b-5) Subject to the provisions of subsection (b-4), if a

21 probation officer or detention officer (or other public officer

22 designated by the court in a county having 3,000,000 or more

23 inhabitants) does not intend to detain a minor for an offense

24 which constitutes one of the following offenses he or she shall

25 consult with the State's Attorney's Office prior to the release

26 of the minor: first degree murder, second degree murder,

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1 involuntary manslaughter, criminal sexual assault, aggravated

2 criminal sexual assault, aggravated battery with a firearm as

3 described in Section 12-4.2 or subdivision (e)(1), (e)(2),

4 (e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous

5 battery involving permanent disability or disfigurement or

6 great bodily harm, robbery, aggravated robbery, armed robbery,

7 vehicular hijacking, aggravated vehicular hijacking, vehicular

8 invasion, arson, aggravated arson, kidnapping, aggravated

9 kidnapping, home invasion, burglary, or residential burglary.

10 (c) Except as otherwise provided in paragraph (a), (d), or

11 (e), no minor shall be detained in a county jail or municipal

12 lockup for more than 12 hours, unless the offense is a crime of

13 violence in which case the minor may be detained up to 24

14 hours. For the purpose of this paragraph, "crime of violence"

15 has the meaning ascribed to it in Section 1-10 of the

16 Alcoholism and Other Drug Abuse and Dependency Act.

17 (i) The period of detention is deemed to have begun

18 once the minor has been placed in a locked room or cell or

19 handcuffed to a stationary object in a building housing a

20 county jail or municipal lockup. Time spent transporting a

21 minor is not considered to be time in detention or secure

22 custody.

23 (ii) Any minor so confined shall be under periodic

24 supervision and shall not be permitted to come into or

25 remain in contact with adults in custody in the building.

26 (iii) Upon placement in secure custody in a jail or

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1 lockup, the minor shall be informed of the purpose of the

2 detention, the time it is expected to last and the fact

3 that it cannot exceed the time specified under this Act.

4 (iv) A log shall be kept which shows the offense which

5 is the basis for the detention, the reasons and

6 circumstances for the decision to detain and the length of

7 time the minor was in detention.

8 (v) Violation of the time limit on detention in a

9 county jail or municipal lockup shall not, in and of

10 itself, render inadmissible evidence obtained as a result

11 of the violation of this time limit. Minors under 18 years

12 of age shall be kept separate from confined adults and may

13 not at any time be kept in the same cell, room or yard with

14 adults confined pursuant to criminal law. Persons 18 years

15 of age and older who have a petition of delinquency filed

16 against them may be confined in an adult detention

17 facility. In making a determination whether to confine a

18 person 18 years of age or older who has a petition of

19 delinquency filed against the person, these factors, among

20 other matters, shall be considered:

21 (A) The age of the person;

22 (B) Any previous delinquent or criminal history of

23 the person;

24 (C) Any previous abuse or neglect history of the

25 person; and

26 (D) Any mental health or educational history of the

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1 person, or both.

2 (d) (i) If a minor 12 years of age or older is confined in a

3 county jail in a county with a population below 3,000,000

4 inhabitants, then the minor's confinement shall be implemented

5 in such a manner that there will be no contact by sight, sound

6 or otherwise between the minor and adult prisoners. Minors 12

7 years of age or older must be kept separate from confined

8 adults and may not at any time be kept in the same cell, room,

9 or yard with confined adults. This paragraph (d)(i) shall only

10 apply to confinement pending an adjudicatory hearing and shall

11 not exceed 40 hours, excluding Saturdays, Sundays and court

12 designated holidays. To accept or hold minors during this time

13 period, county jails shall comply with all monitoring standards

14 promulgated by the Department of Corrections and training

15 standards approved by the Illinois Law Enforcement Training

16 Standards Board.

17 (ii) To accept or hold minors, 12 years of age or older,

18 after the time period prescribed in paragraph (d)(i) of this

19 subsection (2) of this Section but not exceeding 7 days

20 including Saturdays, Sundays and holidays pending an

21 adjudicatory hearing, county jails shall comply with all

22 temporary detention standards promulgated by the Department of

23 Corrections and training standards approved by the Illinois Law

24 Enforcement Training Standards Board.

25 (iii) To accept or hold minors 12 years of age or older,

26 after the time period prescribed in paragraphs (d)(i) and

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1 (d)(ii) of this subsection (2) of this Section, county jails

2 shall comply with all programmatic and training standards for

3 juvenile detention homes promulgated by the Department of

4 Corrections.

5 (e) When a minor who is at least 15 years of age is

6 prosecuted under the criminal laws of this State, the court may

7 enter an order directing that the juvenile be confined in the

8 county jail. However, any juvenile confined in the county jail

9 under this provision shall be separated from adults who are

10 confined in the county jail in such a manner that there will be

11 no contact by sight, sound or otherwise between the juvenile

12 and adult prisoners.

13 (f) For purposes of appearing in a physical lineup, the

14 minor may be taken to a county jail or municipal lockup under

15 the direct and constant supervision of a juvenile police

16 officer. During such time as is necessary to conduct a lineup,

17 and while supervised by a juvenile police officer, the sight

18 and sound separation provisions shall not apply.

19 (g) For purposes of processing a minor, the minor may be

20 taken to a County Jail or municipal lockup under the direct and

21 constant supervision of a law enforcement officer or

22 correctional officer. During such time as is necessary to

23 process the minor, and while supervised by a law enforcement

24 officer or correctional officer, the sight and sound separation

25 provisions shall not apply.

26 (3) If the probation officer or State's Attorney (or such

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1 other public officer designated by the court in a county having

2 3,000,000 or more inhabitants) determines that the minor may be

3 a delinquent minor as described in subsection (3) of Section

4 5-105, and should be retained in custody but does not require

5 physical restriction, the minor may be placed in non-secure

6 custody for up to 40 hours pending a detention hearing.

7 (4) Any minor taken into temporary custody, not requiring

8 secure detention, may, however, be detained in the home of his

9 or her parent or guardian subject to such conditions as the

10 court may impose.

11 (5) The changes made to this Section by Public Act 98-61

12 ~~this amendatory Act of the 98th General Assembly~~ apply to a

13 minor who has been arrested or taken into custody on or after

14 January 1, 2014 (the effective date of Public Act 98-61) ~~this~~

15 ~~amendatory Act~~.

16 (Source: P.A. 98-61, eff. 1-1-14; revised 11-22-13.)

17 (705 ILCS 405/5-710)

18 Sec. 5-710. Kinds of sentencing orders.

19 (1) The following kinds of sentencing orders may be made in

20 respect of wards of the court:

21 (a) Except as provided in Sections 5-805, 5-810, 5-815,

22 a minor who is found guilty under Section 5-620 may be:

23 (i) put on probation or conditional discharge and

24 released to his or her parents, guardian or legal

25 custodian, provided, however, that any such minor who

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1 is not committed to the Department of Juvenile Justice

2 under this subsection and who is found to be a

3 delinquent for an offense which is first degree murder,

4 a Class X felony, or a forcible felony shall be placed

5 on probation;

6 (ii) placed in accordance with Section 5-740, with

7 or without also being put on probation or conditional

8 discharge;

9 (iii) required to undergo a substance abuse

10 assessment conducted by a licensed provider and

11 participate in the indicated clinical level of care;

12 (iv) placed in the guardianship of the Department

13 of Children and Family Services, but only if the

14 delinquent minor is under 15 years of age or, pursuant

15 to Article II of this Act, a minor for whom an

16 independent basis of abuse, neglect, or dependency

17 exists. An independent basis exists when the

18 allegations or adjudication of abuse, neglect, or

19 dependency do not arise from the same facts, incident,

20 or circumstances which give rise to a charge or

21 adjudication of delinquency;

22 (v) placed in detention for a period not to exceed

23 30 days, either as the exclusive order of disposition

24 or, where appropriate, in conjunction with any other

25 order of disposition issued under this paragraph,

26 provided that any such detention shall be in a juvenile

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1 detention home and the minor so detained shall be13 ~~10~~

2 years of age or older. However, the 30-day limitation

3 may be extended by further order of the court for a

4 minor under age 15 committed to the Department of

5 Children and Family Services if the court finds that

6 the minor is a danger to himself or others. The minor

7 shall be given credit on the sentencing order of

8 detention for time spent in detention under Sections

9 5-501, 5-601, 5-710, or 5-720 of this Article as a

10 result of the offense for which the sentencing order

11 was imposed. The court may grant credit on a sentencing

12 order of detention entered under a violation of

13 probation or violation of conditional discharge under

14 Section 5-720 of this Article for time spent in

15 detention before the filing of the petition alleging

16 the violation. A minor shall not be deprived of credit

17 for time spent in detention before the filing of a

18 violation of probation or conditional discharge

19 alleging the same or related act or acts. The

20 limitation that the minor shall only be placed in a

21 juvenile detention home does not apply as follows:

22 Persons 18 years of age and older who have a

23 petition of delinquency filed against them may be

24 confined in an adult detention facility. In making a

25 determination whether to confine a person 18 years of

26 age or older who has a petition of delinquency filed

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1 against the person, these factors, among other

2 matters, shall be considered:

3 (A) the age of the person;

4 (B) any previous delinquent or criminal

5 history of the person;

6 (C) any previous abuse or neglect history of

7 the person;

8 (D) any mental health history of the person;

9 and

10 (E) any educational history of the person;

11 (vi) ordered partially or completely emancipated

12 in accordance with the provisions of the Emancipation

13 of Minors Act;

14 (vii) subject to having his or her driver's license

15 or driving privileges suspended for such time as

16 determined by the court but only until he or she

17 attains 18 years of age;

18 (viii) put on probation or conditional discharge

19 and placed in detention under Section 3-6039 of the

20 Counties Code for a period not to exceed the period of

21 incarceration permitted by law for adults found guilty

22 of the same offense or offenses for which the minor was

23 adjudicated delinquent, and in any event no longer than

24 upon attainment of age 21; this subdivision (viii)

25 notwithstanding any contrary provision of the law;

26 (ix) ordered to undergo a medical or other

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1 procedure to have a tattoo symbolizing allegiance to a

2 street gang removed from his or her body; or

3 (x) placed in electronic home detention under Part

4 7A of this Article.

5 (b) A minor found to be guilty may be committed to the

6 Department of Juvenile Justice under Section 5-750 if the

7 minor is 13 years of age or older, provided that the

8 commitment to the Department of Juvenile Justice shall be

9 made only if a term of incarceration is permitted by law

10 for adults found guilty of the offense for which the minor

11 was adjudicated delinquent. The time during which a minor

12 is in custody before being released upon the request of a

13 parent, guardian or legal custodian shall be considered as

14 time spent in detention.

15 (c) When a minor is found to be guilty for an offense

16 which is a violation of the Illinois Controlled Substances

17 Act, the Cannabis Control Act, or the Methamphetamine

18 Control and Community Protection Act and made a ward of the

19 court, the court may enter a disposition order requiring

20 the minor to undergo assessment, counseling or treatment in

21 a substance abuse program approved by the Department of

22 Human Services.

23 (2) Any sentencing order other than commitment to the

24 Department of Juvenile Justice may provide for protective

25 supervision under Section 5-725 and may include an order of

26 protection under Section 5-730.

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1 (3) Unless the sentencing order expressly so provides, it

2 does not operate to close proceedings on the pending petition,

3 but is subject to modification until final closing and

4 discharge of the proceedings under Section 5-750.

5 (4) In addition to any other sentence, the court may order

6 any minor found to be delinquent to make restitution, in

7 monetary or non-monetary form, under the terms and conditions

8 of Section 5-5-6 of the Unified Code of Corrections, except

9 that the "presentencing hearing" referred to in that Section

10 shall be the sentencing hearing for purposes of this Section.

11 The parent, guardian or legal custodian of the minor may be

12 ordered by the court to pay some or all of the restitution on

13 the minor's behalf, pursuant to the Parental Responsibility

14 Law. The State's Attorney is authorized to act on behalf of any

15 victim in seeking restitution in proceedings under this

16 Section, up to the maximum amount allowed in Section 5 of the

17 Parental Responsibility Law.

18 (5) Any sentencing order where the minor is committed or

19 placed in accordance with Section 5-740 shall provide for the

20 parents or guardian of the estate of the minor to pay to the

21 legal custodian or guardian of the person of the minor such

22 sums as are determined by the custodian or guardian of the

23 person of the minor as necessary for the minor's needs. The

24 payments may not exceed the maximum amounts provided for by

25 Section 9.1 of the Children and Family Services Act.

26 (6) Whenever the sentencing order requires the minor to

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1 attend school or participate in a program of training, the

2 truant officer or designated school official shall regularly

3 report to the court if the minor is a chronic or habitual

4 truant under Section 26-2a of the School Code. Notwithstanding

5 any other provision of this Act, in instances in which

6 educational services are to be provided to a minor in a

7 residential facility where the minor has been placed by the

8 court, costs incurred in the provision of those educational

9 services must be allocated based on the requirements of the

10 School Code.

11 (7) In no event shall a guilty minor be committed to the

12 Department of Juvenile Justice for a period of time in excess

13 of that period for which an adult could be committed for the

14 same act.

15 (8) A minor found to be guilty for reasons that include a

16 violation of Section 21-1.3 of the Criminal Code of 1961 or the

17 Criminal Code of 2012 shall be ordered to perform community

18 service for not less than 30 and not more than 120 hours, if

19 community service is available in the jurisdiction. The

20 community service shall include, but need not be limited to,

21 the cleanup and repair of the damage that was caused by the

22 violation or similar damage to property located in the

23 municipality or county in which the violation occurred. The

24 order may be in addition to any other order authorized by this

25 Section.

26 (8.5) A minor found to be guilty for reasons that include a

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1 violation of Section 3.02 or Section 3.03 of the Humane Care

2 for Animals Act or paragraph (d) of subsection (1) of Section

3 21-1 of the Criminal Code of 1961 or paragraph (4) of

4 subsection (a) of Section 21-1 of the Criminal Code of 2012

5 shall be ordered to undergo medical or psychiatric treatment

6 rendered by a psychiatrist or psychological treatment rendered

7 by a clinical psychologist. The order may be in addition to any

8 other order authorized by this Section.

9 (9) In addition to any other sentencing order, the court

10 shall order any minor found to be guilty for an act which would

11 constitute, predatory criminal sexual assault of a child,

12 aggravated criminal sexual assault, criminal sexual assault,

13 aggravated criminal sexual abuse, or criminal sexual abuse if

14 committed by an adult to undergo medical testing to determine

15 whether the defendant has any sexually transmissible disease

16 including a test for infection with human immunodeficiency

17 virus (HIV) or any other identified causative agency of

18 acquired immunodeficiency syndrome (AIDS). Any medical test

19 shall be performed only by appropriately licensed medical

20 practitioners and may include an analysis of any bodily fluids

21 as well as an examination of the minor's person. Except as

22 otherwise provided by law, the results of the test shall be

23 kept strictly confidential by all medical personnel involved in

24 the testing and must be personally delivered in a sealed

25 envelope to the judge of the court in which the sentencing

26 order was entered for the judge's inspection in camera. Acting

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1 in accordance with the best interests of the victim and the

2 public, the judge shall have the discretion to determine to

3 whom the results of the testing may be revealed. The court

4 shall notify the minor of the results of the test for infection

5 with the human immunodeficiency virus (HIV). The court shall

6 also notify the victim if requested by the victim, and if the

7 victim is under the age of 15 and if requested by the victim's

8 parents or legal guardian, the court shall notify the victim's

9 parents or the legal guardian, of the results of the test for

10 infection with the human immunodeficiency virus (HIV). The

11 court shall provide information on the availability of HIV

12 testing and counseling at the Department of Public Health

13 facilities to all parties to whom the results of the testing

14 are revealed. The court shall order that the cost of any test

15 shall be paid by the county and may be taxed as costs against

16 the minor.

17 (10) When a court finds a minor to be guilty the court

18 shall, before entering a sentencing order under this Section,

19 make a finding whether the offense committed either: (a) was

20 related to or in furtherance of the criminal activities of an

21 organized gang or was motivated by the minor's membership in or

22 allegiance to an organized gang, or (b) involved a violation of

23 subsection (a) of Section 12-7.1 of the Criminal Code of 1961

24 or the Criminal Code of 2012, a violation of any Section of

25 Article 24 of the Criminal Code of 1961 or the Criminal Code of

26 2012, or a violation of any statute that involved the wrongful

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1 use of a firearm. If the court determines the question in the

2 affirmative, and the court does not commit the minor to the

3 Department of Juvenile Justice, the court shall order the minor

4 to perform community service for not less than 30 hours nor

5 more than 120 hours, provided that community service is

6 available in the jurisdiction and is funded and approved by the

7 county board of the county where the offense was committed. The

8 community service shall include, but need not be limited to,

9 the cleanup and repair of any damage caused by a violation of

10 Section 21-1.3 of the Criminal Code of 1961 or the Criminal

11 Code of 2012 and similar damage to property located in the

12 municipality or county in which the violation occurred. When

13 possible and reasonable, the community service shall be

14 performed in the minor's neighborhood. This order shall be in

15 addition to any other order authorized by this Section except

16 for an order to place the minor in the custody of the

17 Department of Juvenile Justice. For the purposes of this

18 Section, "organized gang" has the meaning ascribed to it in

19 Section 10 of the Illinois Streetgang Terrorism Omnibus

20 Prevention Act.

21 (11) If the court determines that the offense was committed

22 in furtherance of the criminal activities of an organized gang,

23 as provided in subsection (10), and that the offense involved

24 the operation or use of a motor vehicle or the use of a

25 driver's license or permit, the court shall notify the

26 Secretary of State of that determination and of the period for

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1 which the minor shall be denied driving privileges. If, at the

2 time of the determination, the minor does not hold a driver's

3 license or permit, the court shall provide that the minor shall

4 not be issued a driver's license or permit until his or her

5 18th birthday. If the minor holds a driver's license or permit

6 at the time of the determination, the court shall provide that

7 the minor's driver's license or permit shall be revoked until

8 his or her 21st birthday, or until a later date or occurrence

9 determined by the court. If the minor holds a driver's license

10 at the time of the determination, the court may direct the

11 Secretary of State to issue the minor a judicial driving

12 permit, also known as a JDP. The JDP shall be subject to the

13 same terms as a JDP issued under Section 6-206.1 of the

14 Illinois Vehicle Code, except that the court may direct that

15 the JDP be effective immediately.

16 (12) If a minor is found to be guilty of a violation of

17 subsection (a-7) of Section 1 of the Prevention of Tobacco Use

18 by Minors Act, the court may, in its discretion, and upon

19 recommendation by the State's Attorney, order that minor and

20 his or her parents or legal guardian to attend a smoker's

21 education or youth diversion program as defined in that Act if

22 that program is available in the jurisdiction where the

23 offender resides. Attendance at a smoker's education or youth

24 diversion program shall be time-credited against any community

25 service time imposed for any first violation of subsection

26 (a-7) of Section 1 of that Act. In addition to any other

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1 penalty that the court may impose for a violation of subsection

2 (a-7) of Section 1 of that Act, the court, upon request by the

3 State's Attorney, may in its discretion require the offender to

4 remit a fee for his or her attendance at a smoker's education

5 or youth diversion program.

6 For purposes of this Section, "smoker's education program"

7 or "youth diversion program" includes, but is not limited to, a

8 seminar designed to educate a person on the physical and

9 psychological effects of smoking tobacco products and the

10 health consequences of smoking tobacco products that can be

11 conducted with a locality's youth diversion program.

12 In addition to any other penalty that the court may impose

13 under this subsection (12):

14 (a) If a minor violates subsection (a-7) of Section 1

15 of the Prevention of Tobacco Use by Minors Act, the court

16 may impose a sentence of 15 hours of community service or a

17 fine of $25 for a first violation.

18 (b) A second violation by a minor of subsection (a-7)

19 of Section 1 of that Act that occurs within 12 months after

20 the first violation is punishable by a fine of $50 and 25

21 hours of community service.

22 (c) A third or subsequent violation by a minor of

23 subsection (a-7) of Section 1 of that Act that occurs

24 within 12 months after the first violation is punishable by

25 a $100 fine and 30 hours of community service.

26 (d) Any second or subsequent violation not within the

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1 12-month time period after the first violation is

2 punishable as provided for a first violation.

3 (Source: P.A. 97-1150, eff. 1-25-13; 98-536, eff. 8-23-13.)

4 (705 ILCS 405/5-720)

5 Sec. 5-720. Probation revocation.

6 (1) If a petition is filed charging a violation of a

7 condition of probation or of conditional discharge, the court

8 shall:

9 (a) order the minor to appear; or

10 (b) order the minor's detention if the court finds that

11 the detention is a matter of immediate and urgent necessity

12 for the protection of the minor or of the person or

13 property of another or that the minor is likely to flee the

14 jurisdiction of the court, provided that any such detention

15 shall be in a juvenile detention home and the minor so

16 detained shall be 13 ~~10~~years of age or older; and

17 (c) notify the persons named in the petition under

18 Section 5-520, in accordance with the provisions of Section

19 5-530.

20 In making its detention determination under paragraph (b)

21 of this subsection (1) of this Section, the court may use

22 information in its findings offered at such a hearing by way of

23 proffer based upon reliable information presented by the State,

24 probation officer, or the minor. The filing of a petition for

25 violation of a condition of probation or of conditional

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1 discharge shall toll the period of probation or of conditional

2 discharge until the final determination of the charge, and the

3 term of probation or conditional discharge shall not run until

4 the hearing and disposition of the petition for violation.

5 (2) The court shall conduct a hearing of the alleged

6 violation of probation or of conditional discharge. The minor

7 shall not be held in detention longer than 15 days pending the

8 determination of the alleged violation.

9 (3) At the hearing, the State shall have the burden of

10 going forward with the evidence and proving the violation by a

11 preponderance of the evidence. The evidence shall be presented

12 in court with the right of confrontation, cross-examination,

13 and representation by counsel.

14 (4) If the court finds that the minor has violated a

15 condition at any time prior to the expiration or termination of

16 the period of probation or conditional discharge, it may

17 continue him or her on the existing sentence, with or without

18 modifying or enlarging the conditions, or may revoke probation

19 or conditional discharge and impose any other sentence that was

20 available under Section 5-710 at the time of the initial

21 sentence.

22 (5) The conditions of probation and of conditional

23 discharge may be reduced or enlarged by the court on motion of

24 the probation officer or on its own motion or at the request of

25 the minor after notice and hearing under this Section.

26 (6) Sentencing after revocation of probation or of

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1 conditional discharge shall be under Section 5-705.

2 (7) Instead of filing a violation of probation or of

3 conditional discharge, the probation officer, with the

4 concurrence of his or her supervisor, may serve on the minor a

5 notice of intermediate sanctions. The notice shall contain the

6 technical violation or violations involved, the date or dates

7 of the violation or violations, and the intermediate sanctions

8 to be imposed. Upon receipt of the notice, the minor shall

9 immediately accept or reject the intermediate sanctions. If the

10 sanctions are accepted, they shall be imposed immediately. If

11 the intermediate sanctions are rejected or the minor does not

12 respond to the notice, a violation of probation or of

13 conditional discharge shall be immediately filed with the

14 court. The State's Attorney and the sentencing court shall be

15 notified of the notice of sanctions. Upon successful completion

16 of the intermediate sanctions, a court may not revoke probation

17 or conditional discharge or impose additional sanctions for the

18 same violation. A notice of intermediate sanctions may not be

19 issued for any violation of probation or conditional discharge

20 which could warrant an additional, separate felony charge.

21 (Source: P.A. 90-590, eff. 1-1-99.)