(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LEGAL GUARDIAN. A person appointed guardian or given custody of a minor by a circuit court of the state, but does not include a person appointed guardian or given custody of a minor under the Illinois Juvenile Court Act.
MINOR. A person who has attained 11 years of age but who has not yet reached 18 years of age.
PROPERTY. Any real estate, including improvements thereon, and tangible personally.
(B) Offenses. No person shall:
(1) Knowingly or recklessly damage or cause to be damaged any property of another person without his or her consent; or
(2) Knowingly and without authority enter into or obtain control over any motor vehicle, bicycle, aircraft or watercraft, or any part thereof, of another person without his or her consent.
(C) Penalty; court supervision; restitution.
(1) If a minor is found guilty of an offense under division (B) of this section, he or she may be punished as provided in § 10.99. In addition thereto, or in lieu thereof, a court may, without entering a judgment of guilty, place that person under court supervision for any period not exceeding one year. The supervision may include any of the conditions provided for in division (C)(2) of this section, as the court determines appropriate. If the person completes the period of supervision without violating the conditions imposed by the court, the court shall discharge the defendant from supervision and dismiss the charge against him or her. If the person, while under court supervision, is convicted of, or pleads guilty or no contest to, any criminal offense in any jurisdiction, and the state’s attorney or the city prosecutor, as the case may be, moves for termination of supervision, the court shall terminate the supervision and enter a judgment of guilty on the plea or finding.
(2) The conditions of court supervision may require that the defendant:
(a) Work or pursue a course of study or vocational training;
(b) Make restitution or reparation in an amount not to exceed the total of the actual loss or damage to the property and the actual pecuniary loss, combined, or $2,500, whichever is less;
(c) Undergo medical or psychiatric treatment, or treatment for drug addiction or alcoholism; and/or
(d) If a minor, reside with his or her parent or in a foster home; attend school; attend a nonresidential program for youth; or contribute to his or her own support at home or in a foster home.
(3) When a court orders restitution or reparation as a condition for court supervision, the court shall determine the amount and conditions of payment. When the conditions of payment have not been satisfied, the court, at any time prior to the expiration of termination of the period of court supervision, may impose an additional period of not more than two years to make restitution or reparation. Only the conditions of payment shall continue to apply during the additional period. The court shall retain all of the incidents of the original sentence, including the authority to modify or enlarge the original conditions and to revoke the penalty of court supervision if the conditions of payment are violated during the additional period.
(4) When the petition is filed charging a violation of a condition imposed for court supervision, the court:
(a) May order a summons to the offender to appear, or order a warrant for the offender’s arrest where there is danger of his or her fleeing the jurisdiction or causing serious harm to others or when the offender fails to answer a summons. The issuance of such a warrant or summons shall stay the sentence of court supervision until the final determination of the charge, and the term of court supervision shall not run so long as the offender has not answered the summons or warrant;
(b) Shall conduct a hearing of the alleged violation. The court may admit the offender to bail pending the hearing;
(c) Shall receive evidence in open court with the right of confrontation, cross- examination and representation by counsel. The city has the burden of going forward with the evidence and proving the violation by a preponderance of the evidence;
(d) Shall not revoke court supervision for failure to comply with conditions of a sentence which impose financial obligations upon the offender, unless the failure is due to his or her willful refusal to pay; and/or
(e) May modify the conditions of court supervision on motion of the city, on its own motion or at the request of the offender after notice to all parties and a hearing.
(5) If the court finds that the offender has violated a condition at any time prior to the expiration or termination of the period, it may continue the offender on the existing period, with or without modifying or enlarging the conditions, or may impose any other penalty that was available at the time of the initial penalty.
(6) A judgment revoking a sentence of court supervision is a final appealable order.
(D) Liability of parent or legal guardian of minor offender. The parent or legal guardian of a minor defendant who resides with the parent or legal guardian shall be liable for any fine or condition of restitution or reparation imposed by a court upon a minor for a violation of this section, provided that the minor has not paid the fine or made restitution or reparation within the time ordered by the court, and provided, further, that the parent or legal guardian has been served with a summons or notice to appear in the original cause against the minor and all proceedings thereafter.
(2000 Code, § 9.12.020) Penalty, see § 132.99