(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 Section for a minor who is found to be guilty for an offense which is first degree murder. The juvenile court may terminate probation or conditional discharge and discharge the minor at any time if warranted by the conduct of the minor and the ends of justice; provided, however, that the period of probation for a minor who is found to be guilty for an offense which is first degree murder shall be at least 5 years.
     (1.5) The period of probation for a minor who is found guilty of aggravated criminal sexual assault, criminal sexual assault, or aggravated battery with a firearm shall be at least 36 months. The period of probation for a minor who is found to be guilty of any other Class X felony shall be at least 24 months. The period of probation for a Class 1 or Class 2 forcible felony shall be at least 18 months. 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 period of probation has been served. In such a hearing, there shall be a rebuttable presumption that it is in the best interest of the minor and public safety to terminate probation.

Attorney's Note

Under the Illinois Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
First-degree murder20 years to lifeup to $25,000
Class X felonybetween 6 and 30 yearsup to $25,000
For details, see § Ill. Comp. Stat. 730 ILCS 5/5-4.5-20 and § Ill. Comp. Stat. 730 ILCS 5/5-4.5-25
criminal case

Ask a criminal law question, get an answer ASAP!
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Illinois Compiled Statutes 705 ILCS 405/5-715

  • Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
  • Court: means the circuit court in a session or
    
division assigned to hear proceedings under this Act, and includes the term Juvenile Court. See Illinois Compiled Statutes 705 ILCS 405/5-105
  • Department: means the Department of Human
    •     
    Services unless specifically referenced as another department. See Illinois Compiled Statutes 705 ILCS 405/5-105
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Minor: means a person under the age of 21 years
    •     
    subject to this Act. See Illinois Compiled Statutes 705 ILCS 405/5-105
  • Month: means a calendar month, and the word "year" a calendar year unless otherwise expressed; and the word "year" alone, is equivalent to the expression "year of our Lord. See Illinois Compiled Statutes 5 ILCS 70/1.10
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • Statute: A law passed by a legislature.

    •      (2) The court may as a condition of probation or of conditional discharge require that the minor:
             (a) not violate any criminal statute of any
        
    jurisdiction;
            (b) make a report to and appear in person before any
        
    person or agency as directed by the court;
            (c) work or pursue a course of study or vocational
        
    training;
            (d) undergo medical or psychiatric treatment,
        
    rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist or social work services rendered by a clinical social worker, or treatment for drug addiction or alcoholism;
            (e) attend or reside in a facility established for
        
    the instruction or residence of persons on probation;
            (f) support the minor’s dependents, if any;
             (g) refrain from possessing a firearm or other
        
    dangerous weapon, or an automobile;
            (h) permit the probation officer to visit the minor
        
    at the minor’s home or elsewhere;
            (i) reside with the minor’s parents or in a foster
        
    home;
            (j) attend school;
             (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 the minor committed a crime of violence as defined in § 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;
            (k) attend a non-residential program for youth;
             (l) make restitution under the terms of subsection
        
    (4) of Section 5-710;
            (m) contribute to the minor’s own support at home or
        
    in a foster home;
            (n) perform some reasonable public or community
        
    service;
            (o) participate with community corrections programs
        
    including unified delinquency intervention services administered by the Department of Human Services subject to Section 5 of the Children and Family Services Act;
            (p) pay costs;
             (q) serve a term of home confinement. In addition to
        
    any other applicable condition of probation or conditional discharge, the conditions of home confinement shall be that the minor:
                (i) remain within the interior premises of the
            
    place designated for the minor’s confinement during the hours designated by the court;
                (ii) admit any person or agent designated by the
            
    court into the minor’s place of confinement at any time for purposes of verifying the minor’s compliance with the conditions of the minor’s confinement; and
                (iii) use an approved electronic monitoring
            
    device if ordered by the court subject to Article 8A of Chapter V of the Unified Code of Corrections;
            (r) refrain from entering into a designated
        
    geographic area except upon terms as the court finds appropriate. The terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the minor, and advance approval by a probation officer, if the minor has been placed on probation, or advance approval by the court, if the minor has been placed on conditional discharge;
            (s) refrain from having any contact, directly or
        
    indirectly, with certain specified persons or particular types of persons, including but not limited to members of street gangs and drug users or dealers;
            (s-5) undergo a medical or other procedure to have a
        
    tattoo symbolizing allegiance to a street gang removed from the minor’s body;
            (t) refrain from having in the minor’s 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 shall submit samples of the minor’s blood or urine or both for tests to determine the presence of any illicit drug; or
            (u) comply with other conditions as may be ordered by
        
    the court.
        (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. If the minor is in possession of a permit or license, the court may require that the minor refrain from driving or operating any motor vehicle during the period of probation or conditional discharge, except as may be necessary in the course of the minor’s lawful employment.
         (3.5) The court shall, as a condition of probation or of conditional discharge, require that a minor found to be guilty and placed on probation for reasons that include a violation of Section 3.02 or § 3.03 of the Humane Care for Animals Act or paragraph (4) of subsection (a) of Section 21-1 of the Criminal Code of 2012 undergo medical or psychiatric treatment rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist. The condition may be in addition to any other condition.
         (3.10) The court shall order that a minor placed on probation or conditional discharge for a sex offense as defined in the Sex Offender Management Board Act undergo and successfully complete sex offender treatment. The treatment shall be in conformance with the standards developed under the Sex Offender Management Board Act and conducted by a treatment provider approved by the Board. The treatment shall be at the expense of the person evaluated based upon that person’s ability to pay for the treatment.
         (4) A minor on probation or conditional discharge shall be given a certificate setting forth the conditions upon which the minor is being released.
         (5) The court shall impose upon a minor placed on probation or conditional discharge, as a condition of the probation or conditional discharge, a fee of $50 for each month of probation or conditional discharge supervision ordered by the court, unless after determining the inability of the minor placed on probation or conditional discharge 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 in placement. The fee shall be imposed only upon a minor who is actively supervised by the probation and court services department. The court may order the parent, guardian, or legal custodian of the minor to pay some or all of the fee on the minor’s behalf.
         (5.5) Jurisdiction over an offender may be transferred from the sentencing court to the court of another circuit with the concurrence of both courts. Further transfers or retransfers of jurisdiction are also authorized in the same manner. The court to which jurisdiction has been transferred shall have the same powers as the sentencing court. The probation department within the circuit to which jurisdiction 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 § 5-6-3 of the Unified Code of Corrections. For all transfer cases, as defined in § 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. After the transfer, all probation fees shall be paid to the probation department within the circuit to which jurisdiction has been transferred.
         If the transfer case originated in another state and has been transferred under the Interstate Compact for Juveniles to the jurisdiction of an Illinois circuit court for supervision by an Illinois probation department, probation fees may be imposed only if permitted by the Interstate Commission for Juveniles.
         (6) The General Assembly finds that in order to protect the public, the juvenile justice system must compel compliance with the conditions of probation by responding to violations with swift, certain, and fair punishments and intermediate sanctions. The Chief Judge of each circuit shall adopt a system of structured, intermediate sanctions for violations of the terms and conditions of a sentence of supervision, probation or conditional discharge, under this Act.
         The court shall provide as a condition of a disposition of probation, conditional discharge, or supervision, that the 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.
      Previous section
    Next section  
     Part 7 Contents

    LawServer is used by

    New York Times, IRS, USDA, UCLA, DOT