Illinois 2023-2024 Regular Session

Illinois House Bill HB2454 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2454 Introduced , by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED: 105 ILCS 5/13-44.4 from Ch. 122, par. 13-44.4 705 ILCS 405/5-710 730 ILCS 5/3-2.5-100 Amends the School Code. Deletes provision that beginning in 1972, the Board of Education shall, by November 15, adopt an annual budget for the use of education moneys for the next school year which it deems necessary to defray all necessary expenses and liabilities of the district, and in such annual budget shall specify the objects and purposes of each item and the amount needed for each object or purpose. Deletes that the budget shall contain a statement of cash on hand at the beginning of the fiscal year, an estimate of the cash expected to be received during such fiscal year from all sources, an estimate of the expenditure contemplated for such fiscal year, and a statement of the estimated cash expected to be on hand at the end of such year. Deletes that prior to the adoption of the annual educational budget, this budget shall be submitted to the Department of Corrections and the State Board of Education for incorporation. Amends the Juvenile Court Act of 1987. Deletes a provision that permits a guilty minor to 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 if the commitment occurs upon a third or subsequent judicial finding of a violation of probation for substantial noncompliance with court-ordered treatment or programming. Amends the Unified Code of Corrections. Provides that, upon the discharge of a youth, the Department of Juvenile Justice may continue to provide services to the youth for up to 12 months to allow the youth to participate in vocational, rehabilitative, or supportive programs. Provides that the continuance of services may be requested by the youth, the youth's parent or guardian, or the Director of Juvenile Justice. Effective immediately. LRB103 05666 RLC 56377 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2454 Introduced , by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED: 105 ILCS 5/13-44.4 from Ch. 122, par. 13-44.4 705 ILCS 405/5-710 730 ILCS 5/3-2.5-100 105 ILCS 5/13-44.4 from Ch. 122, par. 13-44.4 705 ILCS 405/5-710 730 ILCS 5/3-2.5-100 Amends the School Code. Deletes provision that beginning in 1972, the Board of Education shall, by November 15, adopt an annual budget for the use of education moneys for the next school year which it deems necessary to defray all necessary expenses and liabilities of the district, and in such annual budget shall specify the objects and purposes of each item and the amount needed for each object or purpose. Deletes that the budget shall contain a statement of cash on hand at the beginning of the fiscal year, an estimate of the cash expected to be received during such fiscal year from all sources, an estimate of the expenditure contemplated for such fiscal year, and a statement of the estimated cash expected to be on hand at the end of such year. Deletes that prior to the adoption of the annual educational budget, this budget shall be submitted to the Department of Corrections and the State Board of Education for incorporation. Amends the Juvenile Court Act of 1987. Deletes a provision that permits a guilty minor to 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 if the commitment occurs upon a third or subsequent judicial finding of a violation of probation for substantial noncompliance with court-ordered treatment or programming. Amends the Unified Code of Corrections. Provides that, upon the discharge of a youth, the Department of Juvenile Justice may continue to provide services to the youth for up to 12 months to allow the youth to participate in vocational, rehabilitative, or supportive programs. Provides that the continuance of services may be requested by the youth, the youth's parent or guardian, or the Director of Juvenile Justice. Effective immediately. LRB103 05666 RLC 56377 b LRB103 05666 RLC 56377 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2454 Introduced , by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED:
3	3	105 ILCS 5/13-44.4 from Ch. 122, par. 13-44.4 705 ILCS 405/5-710 730 ILCS 5/3-2.5-100 105 ILCS 5/13-44.4 from Ch. 122, par. 13-44.4 705 ILCS 405/5-710 730 ILCS 5/3-2.5-100
4	4	105 ILCS 5/13-44.4 from Ch. 122, par. 13-44.4
5	5	705 ILCS 405/5-710
6	6	730 ILCS 5/3-2.5-100
7	7	Amends the School Code. Deletes provision that beginning in 1972, the Board of Education shall, by November 15, adopt an annual budget for the use of education moneys for the next school year which it deems necessary to defray all necessary expenses and liabilities of the district, and in such annual budget shall specify the objects and purposes of each item and the amount needed for each object or purpose. Deletes that the budget shall contain a statement of cash on hand at the beginning of the fiscal year, an estimate of the cash expected to be received during such fiscal year from all sources, an estimate of the expenditure contemplated for such fiscal year, and a statement of the estimated cash expected to be on hand at the end of such year. Deletes that prior to the adoption of the annual educational budget, this budget shall be submitted to the Department of Corrections and the State Board of Education for incorporation. Amends the Juvenile Court Act of 1987. Deletes a provision that permits a guilty minor to 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 if the commitment occurs upon a third or subsequent judicial finding of a violation of probation for substantial noncompliance with court-ordered treatment or programming. Amends the Unified Code of Corrections. Provides that, upon the discharge of a youth, the Department of Juvenile Justice may continue to provide services to the youth for up to 12 months to allow the youth to participate in vocational, rehabilitative, or supportive programs. Provides that the continuance of services may be requested by the youth, the youth's parent or guardian, or the Director of Juvenile Justice. Effective immediately.
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10	10	A BILL FOR
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13	13	1 AN ACT concerning criminal law.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The School Code is amended by changing Section
17	17	5 13-44.4 as follows:
18	18	6 (105 ILCS 5/13-44.4) (from Ch. 122, par. 13-44.4)
19	19	7 Sec. 13-44.4. Department of Corrections Reimbursement and
20	20	8 Education Fund; budget. All moneys received from the Common
21	21	9 School Fund, federal aid and grants, vocational and
22	22	10 educational funds and grants, and gifts and grants by
23	23	11 individuals, foundations and corporations for educational
24	24	12 purposes shall be deposited into the Department of Corrections
25	25	13 Reimbursement and Education Fund in the State Treasury. Moneys
26	26	14 in the Department of Corrections Reimbursement and Education
27	27	15 Fund may be used, subject to appropriation, to pay the expense
28	28	16 of the schools and school district of the Department of
29	29	17 Corrections together with and supplemental to regular
30	30	18 appropriations to the Department for educational purposes,
31	31	19 including, but not limited to, the cost of teacher salaries,
32	32	20 supplies and materials, building upkeep and costs,
33	33	21 transportation, scholarships, non-academic salaries,
34	34	22 equipment and other school costs.
35	35	23 Beginning in 1972, the Board of Education shall, by
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39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2454 Introduced , by Rep. Lakesia Collins SYNOPSIS AS INTRODUCED:
40	40	105 ILCS 5/13-44.4 from Ch. 122, par. 13-44.4 705 ILCS 405/5-710 730 ILCS 5/3-2.5-100 105 ILCS 5/13-44.4 from Ch. 122, par. 13-44.4 705 ILCS 405/5-710 730 ILCS 5/3-2.5-100
41	41	105 ILCS 5/13-44.4 from Ch. 122, par. 13-44.4
42	42	705 ILCS 405/5-710
43	43	730 ILCS 5/3-2.5-100
44	44	Amends the School Code. Deletes provision that beginning in 1972, the Board of Education shall, by November 15, adopt an annual budget for the use of education moneys for the next school year which it deems necessary to defray all necessary expenses and liabilities of the district, and in such annual budget shall specify the objects and purposes of each item and the amount needed for each object or purpose. Deletes that the budget shall contain a statement of cash on hand at the beginning of the fiscal year, an estimate of the cash expected to be received during such fiscal year from all sources, an estimate of the expenditure contemplated for such fiscal year, and a statement of the estimated cash expected to be on hand at the end of such year. Deletes that prior to the adoption of the annual educational budget, this budget shall be submitted to the Department of Corrections and the State Board of Education for incorporation. Amends the Juvenile Court Act of 1987. Deletes a provision that permits a guilty minor to 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 if the commitment occurs upon a third or subsequent judicial finding of a violation of probation for substantial noncompliance with court-ordered treatment or programming. Amends the Unified Code of Corrections. Provides that, upon the discharge of a youth, the Department of Juvenile Justice may continue to provide services to the youth for up to 12 months to allow the youth to participate in vocational, rehabilitative, or supportive programs. Provides that the continuance of services may be requested by the youth, the youth's parent or guardian, or the Director of Juvenile Justice. Effective immediately.
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47	47	A BILL FOR
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53	53	105 ILCS 5/13-44.4 from Ch. 122, par. 13-44.4
54	54	705 ILCS 405/5-710
55	55	730 ILCS 5/3-2.5-100
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74	74	1 November 15, adopt an annual budget for the use of education
75	75	2 moneys for the next school year which it deems necessary to
76	76	3 defray all necessary expenses and liabilities of the district,
77	77	4 and in such annual budget shall specify the objects and
78	78	5 purposes of each item and the amount needed for each object or
79	79	6 purpose. The budget shall contain a statement of cash on hand
80	80	7 at the beginning of the fiscal year, an estimate of the cash
81	81	8 expected to be received during such fiscal year from all
82	82	9 sources, an estimate of the expenditure contemplated for such
83	83	10 fiscal year, and a statement of the estimated cash expected to
84	84	11 be on hand at the end of such year. Prior to the adoption of
85	85	12 the annual educational budget, this budget shall be submitted
86	86	13 to the Department of Corrections and the State Board of
87	87	14 Education for incorporation.
88	88	15 (Source: P.A. 90-9, eff. 7-1-97; 90-587, eff. 7-1-98.)
89	89	16 Section 10. The Juvenile Court Act of 1987 is amended by
90	90	17 changing Section 5-710 as follows:
91	91	18 (705 ILCS 405/5-710)
92	92	19 Sec. 5-710. Kinds of sentencing orders.
93	93	20 (1) The following kinds of sentencing orders may be made
94	94	21 in respect of wards of the court:
95	95	22 (a) Except as provided in Sections 5-805, 5-810, and
96	96	23 5-815, a minor who is found guilty under Section 5-620 may
97	97	24 be:
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108	108	1 (i) put on probation or conditional discharge and
109	109	2 released to his or her parents, guardian or legal
110	110	3 custodian, provided, however, that any such minor who
111	111	4 is not committed to the Department of Juvenile Justice
112	112	5 under this subsection and who is found to be a
113	113	6 delinquent for an offense which is first degree
114	114	7 murder, a Class X felony, or a forcible felony shall be
115	115	8 placed on probation;
116	116	9 (ii) placed in accordance with Section 5-740, with
117	117	10 or without also being put on probation or conditional
118	118	11 discharge;
119	119	12 (iii) required to undergo a substance abuse
120	120	13 assessment conducted by a licensed provider and
121	121	14 participate in the indicated clinical level of care;
122	122	15 (iv) on and after January 1, 2015 (the effective
123	123	16 date of Public Act 98-803) and before January 1, 2017,
124	124	17 placed in the guardianship of the Department of
125	125	18 Children and Family Services, but only if the
126	126	19 delinquent minor is under 16 years of age or, pursuant
127	127	20 to Article II of this Act, a minor under the age of 18
128	128	21 for whom an independent basis of abuse, neglect, or
129	129	22 dependency exists. On and after January 1, 2017,
130	130	23 placed in the guardianship of the Department of
131	131	24 Children and Family Services, but only if the
132	132	25 delinquent minor is under 15 years of age or, pursuant
133	133	26 to Article II of this Act, a minor for whom an
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144	144	1 independent basis of abuse, neglect, or dependency
145	145	2 exists. An independent basis exists when the
146	146	3 allegations or adjudication of abuse, neglect, or
147	147	4 dependency do not arise from the same facts, incident,
148	148	5 or circumstances which give rise to a charge or
149	149	6 adjudication of delinquency;
150	150	7 (v) placed in detention for a period not to exceed
151	151	8 30 days, either as the exclusive order of disposition
152	152	9 or, where appropriate, in conjunction with any other
153	153	10 order of disposition issued under this paragraph,
154	154	11 provided that any such detention shall be in a
155	155	12 juvenile detention home and the minor so detained
156	156	13 shall be 10 years of age or older. However, the 30-day
157	157	14 limitation may be extended by further order of the
158	158	15 court for a minor under age 15 committed to the
159	159	16 Department of Children and Family Services if the
160	160	17 court finds that the minor is a danger to himself or
161	161	18 others. The minor shall be given credit on the
162	162	19 sentencing order of detention for time spent in
163	163	20 detention under Sections 5-501, 5-601, 5-710, or 5-720
164	164	21 of this Article as a result of the offense for which
165	165	22 the sentencing order was imposed. The court may grant
166	166	23 credit on a sentencing order of detention entered
167	167	24 under a violation of probation or violation of
168	168	25 conditional discharge under Section 5-720 of this
169	169	26 Article for time spent in detention before the filing
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180	180	1 of the petition alleging the violation. A minor shall
181	181	2 not be deprived of credit for time spent in detention
182	182	3 before the filing of a violation of probation or
183	183	4 conditional discharge alleging the same or related act
184	184	5 or acts. The limitation that the minor shall only be
185	185	6 placed in a juvenile detention home does not apply as
186	186	7 follows:
187	187	8 Persons 18 years of age and older who have a
188	188	9 petition of delinquency filed against them may be
189	189	10 confined in an adult detention facility. In making a
190	190	11 determination whether to confine a person 18 years of
191	191	12 age or older who has a petition of delinquency filed
192	192	13 against the person, these factors, among other
193	193	14 matters, shall be considered:
194	194	15 (A) the age of the person;
195	195	16 (B) any previous delinquent or criminal
196	196	17 history of the person;
197	197	18 (C) any previous abuse or neglect history of
198	198	19 the person;
199	199	20 (D) any mental health history of the person;
200	200	21 and
201	201	22 (E) any educational history of the person;
202	202	23 (vi) ordered partially or completely emancipated
203	203	24 in accordance with the provisions of the Emancipation
204	204	25 of Minors Act;
205	205	26 (vii) subject to having his or her driver's
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216	216	1 license or driving privileges suspended for such time
217	217	2 as determined by the court but only until he or she
218	218	3 attains 18 years of age;
219	219	4 (viii) put on probation or conditional discharge
220	220	5 and placed in detention under Section 3-6039 of the
221	221	6 Counties Code for a period not to exceed the period of
222	222	7 incarceration permitted by law for adults found guilty
223	223	8 of the same offense or offenses for which the minor was
224	224	9 adjudicated delinquent, and in any event no longer
225	225	10 than upon attainment of age 21; this subdivision
226	226	11 (viii) notwithstanding any contrary provision of the
227	227	12 law;
228	228	13 (ix) ordered to undergo a medical or other
229	229	14 procedure to have a tattoo symbolizing allegiance to a
230	230	15 street gang removed from his or her body; or
231	231	16 (x) placed in electronic monitoring or home
232	232	17 detention under Part 7A of this Article.
233	233	18 (b) A minor found to be guilty may be committed to the
234	234	19 Department of Juvenile Justice under Section 5-750 if the
235	235	20 minor is at least 13 years and under 20 years of age,
236	236	21 provided that the commitment to the Department of Juvenile
237	237	22 Justice shall be made only if the minor was found guilty of
238	238	23 a felony offense or first degree murder. The court shall
239	239	24 include in the sentencing order any pre-custody credits
240	240	25 the minor is entitled to under Section 5-4.5-100 of the
241	241	26 Unified Code of Corrections. The time during which a minor
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252	252	1 is in custody before being released upon the request of a
253	253	2 parent, guardian or legal custodian shall also be
254	254	3 considered as time spent in custody.
255	255	4 (c) When a minor is found to be guilty for an offense
256	256	5 which is a violation of the Illinois Controlled Substances
257	257	6 Act, the Cannabis Control Act, or the Methamphetamine
258	258	7 Control and Community Protection Act and made a ward of
259	259	8 the court, the court may enter a disposition order
260	260	9 requiring the minor to undergo assessment, counseling or
261	261	10 treatment in a substance use disorder treatment program
262	262	11 approved by the Department of Human Services.
263	263	12 (2) Any sentencing order other than commitment to the
264	264	13 Department of Juvenile Justice may provide for protective
265	265	14 supervision under Section 5-725 and may include an order of
266	266	15 protection under Section 5-730.
267	267	16 (3) Unless the sentencing order expressly so provides, it
268	268	17 does not operate to close proceedings on the pending petition,
269	269	18 but is subject to modification until final closing and
270	270	19 discharge of the proceedings under Section 5-750.
271	271	20 (4) In addition to any other sentence, the court may order
272	272	21 any minor found to be delinquent to make restitution, in
273	273	22 monetary or non-monetary form, under the terms and conditions
274	274	23 of Section 5-5-6 of the Unified Code of Corrections, except
275	275	24 that the "presentencing hearing" referred to in that Section
276	276	25 shall be the sentencing hearing for purposes of this Section.
277	277	26 The parent, guardian or legal custodian of the minor may be
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288	288	1 ordered by the court to pay some or all of the restitution on
289	289	2 the minor's behalf, pursuant to the Parental Responsibility
290	290	3 Law. The State's Attorney is authorized to act on behalf of any
291	291	4 victim in seeking restitution in proceedings under this
292	292	5 Section, up to the maximum amount allowed in Section 5 of the
293	293	6 Parental Responsibility Law.
294	294	7 (5) Any sentencing order where the minor is committed or
295	295	8 placed in accordance with Section 5-740 shall provide for the
296	296	9 parents or guardian of the estate of the minor to pay to the
297	297	10 legal custodian or guardian of the person of the minor such
298	298	11 sums as are determined by the custodian or guardian of the
299	299	12 person of the minor as necessary for the minor's needs. The
300	300	13 payments may not exceed the maximum amounts provided for by
301	301	14 Section 9.1 of the Children and Family Services Act.
302	302	15 (6) Whenever the sentencing order requires the minor to
303	303	16 attend school or participate in a program of training, the
304	304	17 truant officer or designated school official shall regularly
305	305	18 report to the court if the minor is a chronic or habitual
306	306	19 truant under Section 26-2a of the School Code. Notwithstanding
307	307	20 any other provision of this Act, in instances in which
308	308	21 educational services are to be provided to a minor in a
309	309	22 residential facility where the minor has been placed by the
310	310	23 court, costs incurred in the provision of those educational
311	311	24 services must be allocated based on the requirements of the
312	312	25 School Code.
313	313	26 (7) In no event shall a guilty minor be committed to the
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324	324	1 Department of Juvenile Justice for a period of time in excess
325	325	2 of that period for which an adult could be committed for the
326	326	3 same act. The court shall include in the sentencing order a
327	327	4 limitation on the period of confinement not to exceed the
328	328	5 maximum period of imprisonment the court could impose under
329	329	6 Chapter V of the Unified Code of Corrections.
330	330	7 (7.5) In no event shall a guilty minor be committed to the
331	331	8 Department of Juvenile Justice or placed in detention when the
332	332	9 act for which the minor was adjudicated delinquent would not
333	333	10 be illegal if committed by an adult.
334	334	11 (7.6) In no event shall a guilty minor be committed to the
335	335	12 Department of Juvenile Justice for an offense which is a Class
336	336	13 4 felony under Section 19-4 (criminal trespass to a
337	337	14 residence), 21-1 (criminal damage to property), 21-1.01
338	338	15 (criminal damage to government supported property), 21-1.3
339	339	16 (criminal defacement of property), 26-1 (disorderly conduct),
340	340	17 or 31-4 (obstructing justice) of the Criminal Code of 2012.
341	341	18 (7.75) In no event shall a guilty minor be committed to the
342	342	19 Department of Juvenile Justice for an offense that is a Class 3
343	343	20 or Class 4 felony violation of the Illinois Controlled
344	344	21 Substances Act unless the commitment occurs upon a third or
345	345	22 subsequent judicial finding of a violation of probation for
346	346	23 substantial noncompliance with court-ordered treatment or
347	347	24 programming.
348	348	25 (8) A minor found to be guilty for reasons that include a
349	349	26 violation of Section 21-1.3 of the Criminal Code of 1961 or the
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360	360	1 Criminal Code of 2012 shall be ordered to perform community
361	361	2 service for not less than 30 and not more than 120 hours, if
362	362	3 community service is available in the jurisdiction. The
363	363	4 community service shall include, but need not be limited to,
364	364	5 the cleanup and repair of the damage that was caused by the
365	365	6 violation or similar damage to property located in the
366	366	7 municipality or county in which the violation occurred. The
367	367	8 order may be in addition to any other order authorized by this
368	368	9 Section.
369	369	10 (8.5) A minor found to be guilty for reasons that include a
370	370	11 violation of Section 3.02 or Section 3.03 of the Humane Care
371	371	12 for Animals Act or paragraph (d) of subsection (1) of Section
372	372	13 21-1 of the Criminal Code of 1961 or paragraph (4) of
373	373	14 subsection (a) of Section 21-1 of the Criminal Code of 2012
374	374	15 shall be ordered to undergo medical or psychiatric treatment
375	375	16 rendered by a psychiatrist or psychological treatment rendered
376	376	17 by a clinical psychologist. The order may be in addition to any
377	377	18 other order authorized by this Section.
378	378	19 (9) In addition to any other sentencing order, the court
379	379	20 shall order any minor found to be guilty for an act which would
380	380	21 constitute, predatory criminal sexual assault of a child,
381	381	22 aggravated criminal sexual assault, criminal sexual assault,
382	382	23 aggravated criminal sexual abuse, or criminal sexual abuse if
383	383	24 committed by an adult to undergo medical testing to determine
384	384	25 whether the defendant has any sexually transmissible disease
385	385	26 including a test for infection with human immunodeficiency
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396	396	1 virus (HIV) or any other identified causative agency of
397	397	2 acquired immunodeficiency syndrome (AIDS). Any medical test
398	398	3 shall be performed only by appropriately licensed medical
399	399	4 practitioners and may include an analysis of any bodily fluids
400	400	5 as well as an examination of the minor's person. Except as
401	401	6 otherwise provided by law, the results of the test shall be
402	402	7 kept strictly confidential by all medical personnel involved
403	403	8 in the testing and must be personally delivered in a sealed
404	404	9 envelope to the judge of the court in which the sentencing
405	405	10 order was entered for the judge's inspection in camera. Acting
406	406	11 in accordance with the best interests of the victim and the
407	407	12 public, the judge shall have the discretion to determine to
408	408	13 whom the results of the testing may be revealed. The court
409	409	14 shall notify the minor of the results of the test for infection
410	410	15 with the human immunodeficiency virus (HIV). The court shall
411	411	16 also notify the victim if requested by the victim, and if the
412	412	17 victim is under the age of 15 and if requested by the victim's
413	413	18 parents or legal guardian, the court shall notify the victim's
414	414	19 parents or the legal guardian, of the results of the test for
415	415	20 infection with the human immunodeficiency virus (HIV). The
416	416	21 court shall provide information on the availability of HIV
417	417	22 testing and counseling at the Department of Public Health
418	418	23 facilities to all parties to whom the results of the testing
419	419	24 are revealed. The court shall order that the cost of any test
420	420	25 shall be paid by the county and may be taxed as costs against
421	421	26 the minor.
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432	432	1 (10) When a court finds a minor to be guilty the court
433	433	2 shall, before entering a sentencing order under this Section,
434	434	3 make a finding whether the offense committed either: (a) was
435	435	4 related to or in furtherance of the criminal activities of an
436	436	5 organized gang or was motivated by the minor's membership in
437	437	6 or allegiance to an organized gang, or (b) involved a
438	438	7 violation of subsection (a) of Section 12-7.1 of the Criminal
439	439	8 Code of 1961 or the Criminal Code of 2012, a violation of any
440	440	9 Section of Article 24 of the Criminal Code of 1961 or the
441	441	10 Criminal Code of 2012, or a violation of any statute that
442	442	11 involved the wrongful use of a firearm. If the court
443	443	12 determines the question in the affirmative, and the court does
444	444	13 not commit the minor to the Department of Juvenile Justice,
445	445	14 the court shall order the minor to perform community service
446	446	15 for not less than 30 hours nor more than 120 hours, provided
447	447	16 that community service is available in the jurisdiction and is
448	448	17 funded and approved by the county board of the county where the
449	449	18 offense was committed. The community service shall include,
450	450	19 but need not be limited to, the cleanup and repair of any
451	451	20 damage caused by a violation of Section 21-1.3 of the Criminal
452	452	21 Code of 1961 or the Criminal Code of 2012 and similar damage to
453	453	22 property located in the municipality or county in which the
454	454	23 violation occurred. When possible and reasonable, the
455	455	24 community service shall be performed in the minor's
456	456	25 neighborhood. This order shall be in addition to any other
457	457	26 order authorized by this Section except for an order to place
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468	468	1 the minor in the custody of the Department of Juvenile
469	469	2 Justice. For the purposes of this Section, "organized gang"
470	470	3 has the meaning ascribed to it in Section 10 of the Illinois
471	471	4 Streetgang Terrorism Omnibus Prevention Act.
472	472	5 (11) If the court determines that the offense was
473	473	6 committed in furtherance of the criminal activities of an
474	474	7 organized gang, as provided in subsection (10), and that the
475	475	8 offense involved the operation or use of a motor vehicle or the
476	476	9 use of a driver's license or permit, the court shall notify the
477	477	10 Secretary of State of that determination and of the period for
478	478	11 which the minor shall be denied driving privileges. If, at the
479	479	12 time of the determination, the minor does not hold a driver's
480	480	13 license or permit, the court shall provide that the minor
481	481	14 shall not be issued a driver's license or permit until his or
482	482	15 her 18th birthday. If the minor holds a driver's license or
483	483	16 permit at the time of the determination, the court shall
484	484	17 provide that the minor's driver's license or permit shall be
485	485	18 revoked until his or her 21st birthday, or until a later date
486	486	19 or occurrence determined by the court. If the minor holds a
487	487	20 driver's license at the time of the determination, the court
488	488	21 may direct the Secretary of State to issue the minor a judicial
489	489	22 driving permit, also known as a JDP. The JDP shall be subject
490	490	23 to the same terms as a JDP issued under Section 6-206.1 of the
491	491	24 Illinois Vehicle Code, except that the court may direct that
492	492	25 the JDP be effective immediately.
493	493	26 (12) (Blank).
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504	504	1 (Source: P.A. 101-2, eff. 7-1-19; 101-79, eff. 7-12-19;
505	505	2 101-159, eff. 1-1-20; 102-558, eff. 8-20-21.)
506	506	3 Section 15. The Unified Code of Corrections is amended by
507	507	4 changing Section 3-2.5-100 as follows:
508	508	5 (730 ILCS 5/3-2.5-100)
509	509	6 Sec. 3-2.5-100. Length of aftercare release; discharge.
510	510	7 (a) The aftercare release term of a youth committed to the
511	511	8 Department under the Juvenile Court Act of 1987 shall be as set
512	512	9 out in Section 5-750 of the Juvenile Court Act of 1987, unless
513	513	10 sooner terminated under subsection (b) of this Section, as
514	514	11 otherwise provided by law, or as ordered by the court. The
515	515	12 aftercare release term of youth committed to the Department as
516	516	13 a habitual or violent juvenile offender under Section 5-815 or
517	517	14 5-820 of the Juvenile Court Act of 1987 shall continue until
518	518	15 the youth's 21st birthday unless sooner terminated under
519	519	16 subsection (c) of this Section, as otherwise provided by law,
520	520	17 or as ordered by the court.
521	521	18 (b) Provided that the youth is in compliance with the
522	522	19 terms and conditions of his or her aftercare release, the
523	523	20 Department of Juvenile Justice may reduce the period of a
524	524	21 releasee's aftercare release by 90 days upon the releasee
525	525	22 receiving a high school diploma or upon passage of high school
526	526	23 equivalency testing during the period of his or her aftercare
527	527	24 release. This reduction in the period of a youth's term of
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538	538	1 aftercare release shall be available only to youth who have
539	539	2 not previously earned a high school diploma or who have not
540	540	3 previously passed high school equivalency testing.
541	541	4 (c) The Department of Juvenile Justice may discharge a
542	542	5 youth from aftercare release and his or her commitment to the
543	543	6 Department in accordance with subsection (3) of Section 5-750
544	544	7 of the Juvenile Court Act of 1987, if it determines that he or
545	545	8 she is likely to remain at liberty without committing another
546	546	9 offense.
547	547	10 (d) Upon the discharge of a youth, the Department may
548	548	11 continue to provide services to the youth for up to 12 months
549	549	12 to allow the youth to participate in vocational,
550	550	13 rehabilitative, or supportive programs. The continuance of
551	551	14 services may be requested by the youth, the youth's parent or
552	552	15 guardian, or the Director of Juvenile Justice.
553	553	16 (Source: P.A. 99-628, eff. 1-1-17.)
554	554	17 Section 99. Effective date. This Act takes effect upon
555	555	18 becoming law.
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