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Attorney General Opinions

Juvenile offenders
A juvenile court judge may order the continuance of a delinquency petition under the supervision of the court without an adjudication (Ill. Rev. Stat. 1979, ch. 37, sec. 704-7). However, while the judge may also order restitution to victims for actual out-of-pocket expenses or losses, he may not order the juvenile to perform public employment as a term of continuance of supervision. Although "reasonable public service work" is allowed as a term of probation (Ill. Rev. Stat. 1979, ch. 37, sec. 705-3 (2) (n)), it is statutorily excluded as either a term of continuance of supervision or as a form of restitution. File No. 81-007.

Hazardous Waste Fund
If an expenditure from the Hazardous Waste Fund does not exceed $1 million for a single purpose, then a specific appropriation from the General Assembly is not necessary. The Environmental Protection Agency collects fees from certain operators/owners of hazardous waste disposal sites; 75 percent of these fees are deposited into the Hazardous Waste Fund to be used to prevent or correct problems at the sites. Since the statute specifically mentions the sum of $1 million or less for this purpose, the use of the monies in the fund represents a "continuing appropriation," and no specific approval is needed from the legislature (Ill. Rev. Stat. 1979, ch. lll 1/2, sec. 1022.2, as amended by P.A. 81-1484). File No. 81-006.

July 1981/Illinois Issues/31


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