(1) The court may enter an order of continuance under supervision for an offense other than first degree murder, a Class X felony or a forcible felony:
         (a) upon an admission or stipulation by the
    
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, the minor’s parent, guardian, or legal custodian, the minor’s attorney or the State‘s Attorney; or
        (b) upon a finding of delinquency and after
    
considering the circumstances of the offense and the history, character, and condition of the minor, if the court is of the opinion that:
            (i) the minor is not likely to commit further
        
crimes;
            (ii) the minor and the public would be best
        
served if the minor were not to receive a criminal record; and
            (iii) in the best interests of justice an order
        
of continuance under supervision is more appropriate than a sentence otherwise permitted under this Act.
    (2) (Blank).

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 405/5-615

  • Community service: means uncompensated labor for
    
a community service agency as hereinafter defined. See Illinois Compiled Statutes 705 ILCS 405/5-105
  • Continuance: Putting off of a hearing ot trial until a later time.
  • County board: means the board of county commissioners in counties not under township organization, and the board of supervisors in counties under township organization, and the board of commissioners of Cook County. See Illinois Compiled Statutes 5 ILCS 70/1.07
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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.
  • 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.

    •      (3) Nothing in this Section limits the power of the court to order a continuance of the hearing for the production of additional evidence or for any other proper reason.
         (4) When a hearing where a minor is alleged to be a delinquent is continued pursuant to this Section, the period of continuance under supervision may not exceed 24 months. The court may terminate a continuance under supervision at any time if warranted by the conduct of the minor and the ends of justice or vacate the finding of delinquency or both.
         (5) When a hearing where a minor is alleged to be delinquent is continued pursuant to this Section, the court may, as conditions of the continuance under supervision, require the minor to do any of the following:
             (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 psychotherapeutic treatment
        
    rendered by a therapist licensed under the provisions of the Medical Practice Act of 1987, the Clinical Psychologist Licensing Act, or the Clinical Social Work and Social Work Practice Act, or an entity licensed by the Department of Human Services as a successor to the Department of Alcoholism and Substance Abuse, for the provision of substance use disorder services as defined in Section 1-10 of the Substance Use Disorder Act;
            (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) pay costs;
             (h) refrain from possessing a firearm or other
        
    dangerous weapon, or an automobile;
            (i) permit the probation officer to visit the minor
        
    at the minor’s home or elsewhere;
            (j) reside with the minor’s parents or in a foster
        
    home;
            (k) attend school;
             (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 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;
            (l) attend a non-residential program for youth;
             (m) contribute to the minor’s own support at home or
        
    in a foster home;
            (n) perform some reasonable public or community
        
    service;
            (o) make restitution to the victim, in the same
        
    manner and under the same conditions as provided in subsection (4) of Section 5-710, except that the “sentencing hearing” referred to in that Section shall be the adjudicatory hearing for purposes of this Section;
            (p) comply with curfew requirements as designated by
        
    the court;
            (q) 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;
            (r) 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;
            (r-5) undergo a medical or other procedure to have a
        
    tattoo symbolizing allegiance to a street gang removed from the minor’s body;
            (s) 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 submit samples of the minor’s blood or urine or both for tests to determine the presence of any illicit drug; or
            (t) comply with any other conditions as may be
        
    ordered by the court.
        (6) A minor whose case is continued under supervision under subsection (5) shall be given a certificate setting forth the conditions imposed by the court. 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 State’s Attorney, or, at the request of the minor after notice and hearing.
         (7) If a petition is filed charging a violation of a condition of the continuance under supervision, the court shall conduct a 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 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 the charge, and the term of the continuance under supervision shall not run until the hearing and disposition of the petition for violation; provided where the petition alleges conduct that does not constitute a criminal offense, the hearing must be held within 30 days of the filing of the petition unless a delay shall continue the tolling of the period of continuance under supervision for the period of the delay.
         (8) When a hearing in which a minor is alleged to be a delinquent for reasons that include a violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012 is continued under this Section, the court shall, as a condition of the continuance under supervision, require the minor to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction. The community service shall include, but need 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. The condition may be in addition to any other condition.
         (8.5) When a hearing in which a minor is alleged to be a delinquent for reasons that include a violation of Section 3.02 or § 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 or the Criminal Code of 2012 is continued under this Section, the court shall, as a condition of the continuance under supervision, require the minor to 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.
         (9) When a hearing in which a minor is alleged to be a delinquent is continued under this Section, the court, before continuing the case, shall make a finding whether the offense alleged to have been committed either: (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 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 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 community service shall include, but need not be limited to, the cleanup and repair of any damage caused by an alleged 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 alleged violation occurred. When possible and reasonable, the community service shall be performed in the minor’s neighborhood. For the purposes of this Section, “organized gang” has the meaning ascribed to it in § 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
         (10) The court shall impose upon a minor placed 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 in placement. The fee shall be imposed only upon a minor who is actively supervised by the probation and court services department. A 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.
         (11) (Blank).
      Previous section
    Next section  
     Part 6 Contents

    LawServer is used by

    New York Times, IRS, USDA, UCLA, DOT