SB 1463

Abstract

Amends the Juvenile Court Act of 1987. Provides that the court shall not order any assessments, such as fees, fines, or administrative costs, except for assessments made in traffic, boating, or fish and game law, or municipal ordinance violations as provided in the Act, against a minor subject to the Minors Requiring Authoritative Intervention Article, Addicted Minors Article, or Delinquent Minors Article of the Act or against the minor's parent, guardian, or legal custodian. Provides that, except for assessments made in traffic, boating, or fish and game law, or municipal ordinance violations as provided in the Act, any judgment, order, agreement, or other legally enforceable encumbrance directing a minor or his or her parent, guardian, or legal custodian to pay assessments prior to the effective date of the amendatory Act is null, void, and not collectible if there remains a balance due, including interest, penalties, or collection fees. Provides that, if the court orders community service for the minor, community service shall not interfere with the school hours, school-related activities, or work commitments of the minor or the minor's parent, guardian, or legal custodian. Provides that, one year after the effective date of the amendatory Act, the Administrative Office of the Illinois Courts shall report to the General Assembly: (1) the number of judgments, orders, agreements, or other legally enforceable encumbrances vacated pursuant to this provision in each judicial district; and (2) the total balances of fees, fines, and administrative costs vacated in each judicial district. Makes other changes. Amends various other Acts to make conforming changes. Effective immediately. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. Provides that if the minor or the minor's parent, guardian, or legal custodian is unable to cover the cost of a condition of the minor's continuance under supervision, the court shall not preclude the minor from receiving continuance under supervision based on the inability to pay. Provides that if the minor or the minor's parent, guardian, or legal custodian is unable to cover the cost of a condition of probation or conditional discharge, the court shall not preclude the minor from receiving probation, conditional discharge, or supervision based on the inability to pay. Provides that inability to pay shall not be grounds to object to the minor's placement on a continuance under supervision. Provides that the inability of a minor, or minor's parent, guardian, or legal custodian, to cover the costs associated with an appropriate sentencing order shall not be the basis for the court to enter a sentencing order incongruent with the court's findings regarding the offense on which the minor was adjudicated or the mitigating factors. Effective immediately. House Committee Amendment No. 1 Adds reference to: 705 ILCS 405/1-8 730 ILCS 5/5-9-3 from Ch. 38, par. 1005-9-3 Provides that, except for restitution and assessments issued for adjudications of traffic, boating, or fish and game law, or a municipal or county ordinance, fines and assessments, such as fees or administrative costs, shall not be ordered or imposed on the following individuals as of the effective date of the amendatory Act: (1) a minor subject to the Minors Requiring Authoritative Intervention, Addicted Minors, or Delinquent Minors Articles of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian; or (2) a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under the delinquency Article of the Juvenile Court Act of 1987, or the minor's parent, guardian, or legal custodian. Deletes from the confidentiality provisions of the Juvenile Court Act of 1987 permitting access to juvenile court records by collection agencies, contracted or otherwise engaged by a governmental entity, to collect any debts due and owing to the governmental entity. In the fine default provisions of the Unified Code of Corrections, provides that the provisions do not apply against a minor or the minor's parent, guardian, or legal custodian in cases subject to the Minors Requiring Authoritative Intervention, Addicted Minors, or Delinquent Minors Articles of the Juvenile Court Act of 1987, or a minor under the age of 18 transferred to adult court or excluded from juvenile court jurisdiction under Article V of the Juvenile Court Act of 1987. Correctional Note (Dept of Corrections) This amendment has no fiscal impact or population impact on the department. Fiscal Note (Admin Office of the Illinois Courts) Based on a review of SB1463, as amended by House Amendment 1, it is not possible to determine what fiscal impact, if any, the bill would have on state appropriations to the judicial branch or what fiscal impact, if any, the bill would have on local judicial budgets. Judicial Note (Admin Office of the Illinois Courts) Based on a review of SB1463, as amended by House Amendment 1, the legislation would neither increase nor decrease the number of judges needed in the State of Illinois. State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity) SB 1463 HA#1 does not create a State Mandate under the State Mandates Act. Land Conveyance Appraisal Note (Dept. of Transportation) No land conveyances are included in Senate Bill 1463, HA 1; therefore, there are no appraisals to be filed. State Debt Impact Note (Government Forecasting & Accountability) SB 1463, as amended by House Amendment 1, would not change the amount of authorization for any type of State-issued bond, and, therefore, would not affect the level of State indebtedness. Pension Note (Government Forecasting & Accountability) SB 1463, as amended by HA 1, will have no fiscal impact upon any public pension fund or retirement system in the State of Illinois. Housing Affordability Impact Note (Housing Development Authority) This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence and will not impact the cost of housing development in the state of Illinois. Balanced Budget Note (Office of Management and Budget) Please be advised that the Balanced Budget Note Act does not apply to Senate Bill 1463, as amended by House Amendment 1 as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted. Home Rule Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity) SB 1463 HA#1 does not pre-empt home rule authority.