| ||||
| Public Act 098-0892 | ||||
| ||||
| ||||
AN ACT concerning courts.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Juvenile Court Act of 1987 is amended by | ||||
changing Sections 5-305 and 6-1 as follows:
| ||||
(705 ILCS 405/5-305)
| ||||
Sec. 5-305. Probation adjustment.
| ||||
(1) The court may authorize the probation officer to confer | ||||
in a
preliminary conference with a minor who is alleged to have | ||||
committed an
offense, his or her parent, guardian or legal | ||||
custodian, the victim, the
juvenile police officer, the State's | ||||
Attorney, and other interested
persons concerning the | ||||
advisability of filing a petition under Section
5-520,
with a | ||||
view to adjusting suitable cases without the filing of a | ||||
petition as
provided for in this Article, the probation officer | ||||
should schedule a
conference
promptly except when the State's | ||||
Attorney insists on court action or when the
minor has | ||||
indicated that he or she will demand a judicial hearing and | ||||
will not
comply
with a probation adjustment.
| ||||
(1-b) In any case of a minor who is in custody, the holding | ||||
of a
probation adjustment conference does not operate to | ||||
prolong temporary custody
beyond the period permitted by | ||||
Section 5-415.
| ||||
(2) This Section does not authorize any probation officer | ||
to compel any
person to appear at any conference, produce any | ||
papers, or visit any place.
| ||
(3) No statement made during a preliminary conference in | ||
regard to the
offense that is the subject of the conference may | ||
be admitted into evidence at
an adjudicatory hearing or at any
| ||
proceeding against the minor under the criminal laws of this | ||
State prior to his
or her conviction under those laws.
| ||
(4) When a probation adjustment is appropriate, the | ||
probation officer shall
promptly formulate a written, | ||
non-judicial adjustment plan following the
initial conference.
| ||
(5) Non-judicial probation adjustment plans include but | ||
are not limited to
the following:
| ||
(a) up to 6 months informal supervision within the | ||
family;
| ||
(b) up to 12 months informal supervision with a | ||
probation officer
involved which may include any | ||
conditions of probation provided in Section
5-715;
| ||
(c) up to 6 months informal supervision with release to | ||
a person other
than
a parent;
| ||
(d) referral to special educational, counseling, or | ||
other rehabilitative
social or educational programs;
| ||
(e) referral to residential treatment programs;
| ||
(f) participation in a public or community service | ||
program or activity;
and
| ||
(g) any other appropriate action with the consent of | ||
the minor and a
parent.
| ||
(6) The factors to be considered by the probation officer | ||
in formulating a
non-judicial probation adjustment plan shall | ||
be the same as those limited in
subsection (4) of Section | ||
5-405.
| ||
(7) Beginning January 1, 2000,
the probation officer who | ||
imposes a probation adjustment plan shall
assure
that | ||
information about an offense which would constitute a felony if | ||
committed
by an adult, and may assure that information about a | ||
misdemeanor offense, is
transmitted to the Department of State | ||
Police.
| ||
(8) If the minor fails to comply with any term or condition | ||
of the non-judicial probation adjustment, the matter
shall be | ||
referred to the State's Attorney for determination of whether a | ||
petition under this Article shall be
filed. | ||
(Source: P.A. 92-329, eff. 8-9-01.)
| ||
(705 ILCS 405/6-1) (from Ch. 37, par. 806-1)
| ||
Sec. 6-1. Probation departments; functions and duties.
| ||
(1) The chief judge of each circuit shall make provision | ||
for probation
services for each county in his or her circuit. | ||
The appointment of officers
to probation or court services | ||
departments and the administration of such
departments shall be | ||
governed by the provisions of the Probation and
Probation | ||
Officers Act.
| ||
(2) Every county or every group of counties constituting a | ||
probation
district shall maintain a court services or probation
| ||
department subject to the provisions of the Probation and | ||
Probation
Officers Act. For the purposes of this Act, such a | ||
court services or
probation department has, but is not limited | ||
to, the following powers and
duties:
| ||
(a) When authorized or directed by the court, to | ||
receive, investigate
and evaluate complaints indicating | ||
dependency, requirement of authoritative
intervention, | ||
addiction or delinquency within the meaning of Sections | ||
2-3, 2-4,
3-3, 4-3 or 5-105, respectively; to determine or | ||
assist the complainant in
determining whether a petition | ||
should be filed under Sections 2-13, 3-15, 4-12
or 5-520 or | ||
whether referral should be made to an agency, association | ||
or other
person or whether some other action is advisable; | ||
and to see that the
indicating filing, referral or other | ||
action is accomplished. However, no such
investigation, | ||
evaluation or supervision by such court services or | ||
probation
department is to occur with regard to complaints | ||
indicating only that a minor
may be a chronic or habitual | ||
truant.
| ||
(a-1) To confer in a preliminary conference, with a | ||
view to adjusting suitable cases without
the filing of a | ||
petition as provided for in Section 2-12 or Section 5-305.
| ||
(b) When a petition is filed under Section 2-13, 3-15, | ||
4-15 or 5-520, to
make pre-adjudicatory pre-hearing | ||
investigations and formulate recommendations to the court
| ||
when the court has authorized or directed the department to | ||
do so.
| ||
(b-1) When authorized or directed by the court, and | ||
with the consent of the party
respondents and the State's | ||
Attorney, to confer in a pre-adjudicatory conference, with | ||
a view to
adjusting suitable cases as provided for in | ||
Section 2-12 or Section 5-305.
| ||
(c) To counsel and, by order of the court, to supervise | ||
minors referred
to the court; to conduct indicated programs | ||
of casework, including
referrals for medical and mental | ||
health service, organized recreation
and job placement for | ||
wards of the court and, when appropriate, for
members of | ||
the family of a ward; to act as liaison officer between the
| ||
court and agencies or associations to which minors are | ||
referred or
through which they are placed; when so | ||
appointed, to serve as guardian
of the person of a ward of | ||
the court; to provide probation supervision
and protective | ||
supervision ordered by the court; and to provide like
| ||
services to wards and probationers of courts in other | ||
counties or
jurisdictions who have lawfully become local | ||
residents.
| ||
(d) To arrange for placements pursuant to court order.
| ||
(e) To assume administrative responsibility for such | ||
detention,
shelter care and other institutions for minors | ||
as the court may operate.
| ||
(f) To maintain an adequate system of case records, | ||
statistical
records, and financial records related to | ||
juvenile detention and shelter
care and to make reports to | ||
the court and other authorized persons, and to
the Supreme | ||
Court pursuant to the Probation and Probation Officers Act.
| ||
(g) To perform such other services as may be | ||
appropriate to
effectuate the purposes of this Act or as | ||
may be directed by any order
of court made under this Act.
| ||
(3) The court services or probation department in any | ||
probation district
or county having less than 1,000,000 | ||
inhabitants, or any personnel of the
department, may be | ||
required by the circuit court to render services to the
court | ||
in other matters as well as proceedings under this Act.
| ||
(4) In any county or probation district, a probation | ||
department
may be established as a separate division of a more | ||
inclusive department
of court services, with any appropriate | ||
divisional designation. The
organization of any such | ||
department of court services and the appointment
of officers | ||
and other personnel must comply with the Probation and
| ||
Probations Officers Act.
| ||
(5) For purposes of this Act only, probation officers | ||
appointed to
probation or court services
departments shall be | ||
considered peace officers. In the
exercise of their official | ||
duties, probation officers, sheriffs, and police
officers may, | ||
anywhere within the State, arrest any minor who is in violation
| ||
of any of the conditions of his or her probation, continuance | ||
under
supervision, or
informal supervision, and it shall be the | ||
duty of the officer making the arrest
to take the minor before | ||
the court having jurisdiction over the minor for
further
| ||
action.
| ||
(Source: P.A. 93-576, eff. 1-1-04.)
| ||