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91_SB1360
LRB9111041WHmb
1 AN ACT to re-enact Article V of the Juvenile Court Act of
2 1987.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Purpose.
6 (1) The General Assembly finds and declares that:
7 (i) Sections 5-15, 45-905, and 50-4 of Public Act
8 88-680, effective January 1, 1995, contained provisions
9 amending the Juvenile Court Act of 1987.
10 (ii) In addition, Public Act 88-680 was entitled
11 "AN ACT to create a Safe Neighborhoods Law". (A) Article
12 5 was entitled JUVENILE JUSTICE and amended the Juvenile
13 Court Act of 1987. (B) Article 15 was entitled GANGS and
14 amended various provisions of the Criminal Code of 1961
15 and the Unified Code of Corrections. (C) Article 20 was
16 entitled ALCOHOL ABUSE and amended various provisions of
17 the Illinois Vehicle Code. (D) Article 25 was entitled
18 DRUG ABUSE and amended the Cannabis Control Act and the
19 Illinois Controlled Substances Act. (E) Article 30 was
20 entitled FIREARMS and amended the Criminal Code of 1961
21 and the Code of Criminal Procedure of 1963. (F) Article
22 35 amended the Criminal Code of 1961, the Rights of Crime
23 Victims and Witnesses Act, and the Unified Code of
24 Corrections. (G) Article 40 amended the Criminal Code of
25 1961 to increase the penalty for compelling organization
26 membership of persons. (H) Article 45 created the Secure
27 Residential Youth Care Facility Licensing Act and amended
28 the State Finance Act, the Juvenile Court Act of 1987,
29 the Unified Code of Corrections, and the Private
30 Correctional Facility Moratorium Act. (I) Article 50
31 amended the WIC Vendor Management Act, the Firearm Owners
32 Identification Card Act, the Juvenile Court Act of 1987,
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1 the Criminal Code of 1961, the Wrongs to Children Act,
2 and the Unified Code of Corrections.
3 (iii) On December 2, 1999, the Illinois Supreme
4 Court, in People v. Cervantes, Docket No. 87229, ruled
5 that Public Act 88-680 violates the single subject clause
6 of the Illinois Constitution (Article IV, Section 8 (d))
7 and was unconstitutional in its entirety.
8 (iv) The juvenile justice issues addressed by
9 Public Act 88-680 are of vital concern to the people of
10 this State and legislative action concerning those
11 provisions is necessary.
12 (2) The Sections of the Juvenile Court Act of 1987
13 contained in Public Act 88-680 were repealed by Public Act
14 90-590 and replaced by new Sections of Article V of the
15 Juvenile Court Act of 1987. This Act re-enacts Article V of
16 the Juvenile Court Act of 1987, including subsequent
17 amendments. This re-enactment is intended to remove any
18 question as to the validity or content of the provisions of
19 the Juvenile Court Act of 1987 that were contained in Public
20 Act 88-680 as those provisions have been subsequently
21 amended.
22 (3) This Act re-enacts Article V of the Juvenile Court
23 Act of 1987, including subsequent amendments, to remove any
24 question as to the validity or content of the provisions of
25 the Juvenile Court Act of 1987 that were contained in Public
26 Act 88-680; it is not intended to supersede any other Public
27 Act that amends Article V of the Juvenile Court Act of 1987.
28 The material is shown as existing text (i.e., without
29 underscoring).
30 (4) Article V of the Juvenile Court Act of 1987 is set
31 forth in its entirety only because of the substantial
32 revision of Article V by Public Act 90-590. There is no need
33 to re-enact Article V in its entirety; however, it is
34 re-enacted in this Act to remove all doubt as to its
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1 vaildity.
2 Section 5. The Juvenile Court Act of 1987 is amended by
3 re-enacting Article V as follows:
4 ARTICLE V
5 PART 1. GENERAL PROVISIONS
6 (705 ILCS 405/5-101)
7 Sec. 5-101. Purpose and policy.
8 (1) It is the intent of the General Assembly to promote
9 a juvenile justice system capable of dealing with the problem
10 of juvenile delinquency, a system that will protect the
11 community, impose accountability for violations of law and
12 equip juvenile offenders with competencies to live
13 responsibly and productively. To effectuate this intent, the
14 General Assembly declares the following to be important
15 purposes of this Article:
16 (a) To protect citizens from juvenile crime.
17 (b) To hold each juvenile offender directly
18 accountable for his or her acts.
19 (c) To provide an individualized assessment of each
20 alleged and adjudicated delinquent juvenile, in order to
21 rehabilitate and to prevent further delinquent behavior
22 through the development of competency in the juvenile
23 offender. As used in this Section, "competency" means
24 the development of educational, vocational, social,
25 emotional and basic life skills which enable a minor to
26 mature into a productive member of society.
27 (d) To provide due process, as required by the
28 Constitutions of the United States and the State of
29 Illinois, through which each juvenile offender and all
30 other interested parties are assured fair hearings at
31 which legal rights are recognized and enforced.
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1 (2) To accomplish these goals, juvenile justice policies
2 developed pursuant to this Article shall be designed to:
3 (a) Promote the development and implementation of
4 community-based programs designed to prevent unlawful and
5 delinquent behavior and to effectively minimize the depth
6 and duration of the minor's involvement in the juvenile
7 justice system;
8 (b) Provide secure confinement for minors who
9 present a danger to the community and make those minors
10 understand that sanctions for serious crimes,
11 particularly violent felonies, should be commensurate
12 with the seriousness of the offense and merit strong
13 punishment;
14 (c) Protect the community from crimes committed by
15 minors;
16 (d) Provide programs and services that are
17 community-based and that are in close proximity to the
18 minor's home;
19 (e) Allow minors to reside within their homes
20 whenever possible and appropriate and provide support
21 necessary to make this possible;
22 (f) Base probation treatment planning upon
23 individual case management plans;
24 (g) Include the minor's family in the case
25 management plan;
26 (h) Provide supervision and service coordination
27 where appropriate; implement and monitor the case
28 management plan in order to discourage recidivism;
29 (i) Provide post-release services to minors who are
30 returned to their families and communities after
31 detention;
32 (j) Hold minors accountable for their unlawful
33 behavior and not allow minors to think that their
34 delinquent acts have no consequence for themselves and
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1 others.
2 (3) In all procedures under this Article, minors shall
3 have all the procedural rights of adults in criminal
4 proceedings, unless specifically precluded by laws that
5 enhance the protection of such minors. Minors shall not have
6 the right to a jury trial unless specifically provided by
7 this Article.
8 (Source: P.A. 90-590, eff. 1-1-99.)
9 (705 ILCS 405/5-105)
10 Sec. 5-105. Definitions. As used in this Article:
11 (1) "Court" means the circuit court in a session or
12 division assigned to hear proceedings under this Act, and
13 includes the term Juvenile Court.
14 (2) "Community service" means uncompensated labor for a
15 community service agency as hereinafter defined.
16 (2.5) "Community service agency" means a not-for-profit
17 organization, community organization, public office, or other
18 public body whose purpose is to enhance the physical or
19 mental health of a delinquent minor or to rehabilitate the
20 minor, or to improve the environmental quality or social
21 welfare of the community which agrees to accept community
22 service from juvenile delinquents and to report on the
23 progress of the community service to the State's Attorney
24 pursuant to an agreement or to the court or to any agency
25 designated by the court if so ordered.
26 (3) "Delinquent minor" means any minor who prior to his
27 or her 17th birthday has violated or attempted to violate,
28 regardless of where the act occurred, any federal or State
29 law, county or municipal ordinance.
30 (4) "Department" means the Department of Human Services
31 unless specifically referenced as another department.
32 (5) "Detention" means the temporary care of a minor who
33 is alleged to be or has been adjudicated delinquent and who
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1 requires secure custody for the minor's own protection or the
2 community's protection in a facility designed to physically
3 restrict the minor's movements, pending disposition by the
4 court or execution of an order of the court for placement or
5 commitment. Design features that physically restrict
6 movement include, but are not limited to, locked rooms and
7 the secure handcuffing of a minor to a rail or other
8 stationary object. In addition, "detention" includes the
9 court ordered care of an alleged or adjudicated delinquent
10 minor who requires secure custody pursuant to Section 5-125
11 of this Act.
12 (6) "Diversion" means the referral of a juvenile,
13 without court intervention, into a program that provides
14 services designed to educate the juvenile and develop a
15 productive and responsible approach to living in the
16 community.
17 (7) "Juvenile detention home" means a public facility
18 with specially trained staff that conforms to the county
19 juvenile detention standards promulgated by the Department of
20 Corrections.
21 (8) "Juvenile justice continuum" means a set of
22 delinquency prevention programs and services designed for the
23 purpose of preventing or reducing delinquent acts, including
24 criminal activity by youth gangs, as well as intervention,
25 rehabilitation, and prevention services targeted at minors
26 who have committed delinquent acts, and minors who have
27 previously been committed to residential treatment programs
28 for delinquents. The term includes
29 children-in-need-of-services and families-in-need-of-services
30 programs; aftercare and reentry services; substance abuse and
31 mental health programs; community service programs; community
32 service work programs; and alternative-dispute resolution
33 programs serving youth-at-risk of delinquency and their
34 families, whether offered or delivered by State or local
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1 governmental entities, public or private for-profit or
2 not-for-profit organizations, or religious or charitable
3 organizations. This term would also encompass any program or
4 service consistent with the purpose of those programs and
5 services enumerated in this subsection.
6 (9) "Juvenile police officer" means a sworn police
7 officer who has completed a Basic Recruit Training Course,
8 has been assigned to the position of juvenile police officer
9 by his or her chief law enforcement officer and has completed
10 the necessary juvenile officers training as prescribed by the
11 Illinois Law Enforcement Training Standards Board, or in the
12 case of a State police officer, juvenile officer training
13 approved by the Director of State Police.
14 (10) "Minor" means a person under the age of 21 years
15 subject to this Act.
16 (11) "Non-secure custody" means confinement where the
17 minor is not physically restricted by being placed in a
18 locked cell or room, by being handcuffed to a rail or other
19 stationary object, or by other means. Non-secure custody may
20 include, but is not limited to, electronic monitoring, foster
21 home placement, home confinement, group home placement, or
22 physical restriction of movement or activity solely through
23 facility staff.
24 (12) "Public or community service" means uncompensated
25 labor for a non-profit organization or public body whose
26 purpose is to enhance physical or mental stability of the
27 offender, environmental quality or the social welfare and
28 which agrees to accept public or community service from
29 offenders and to report on the progress of the offender and
30 the public or community service to the court.
31 (13) "Sentencing hearing" means a hearing to determine
32 whether a minor should be adjudged a ward of the court, and
33 to determine what sentence should be imposed on the minor.
34 It is the intent of the General Assembly that the term
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1 "sentencing hearing" replace the term "dispositional hearing"
2 and be synonymous with that definition as it was used in the
3 Juvenile Court Act of 1987.
4 (14) "Shelter" means the temporary care of a minor in
5 physically unrestricting facilities pending court disposition
6 or execution of court order for placement.
7 (15) "Site" means a non-profit organization or public
8 body agreeing to accept community service from offenders and
9 to report on the progress of ordered public or community
10 service to the court or its delegate.
11 (16) "Station adjustment" means the informal or formal
12 handling of an alleged offender by a juvenile police officer.
13 (17) "Trial" means a hearing to determine whether the
14 allegations of a petition under Section 5-520 that a minor is
15 delinquent are proved beyond a reasonable doubt. It is the
16 intent of the General Assembly that the term "trial" replace
17 the term "adjudicatory hearing" and be synonymous with that
18 definition as it was used in the Juvenile Court Act of 1987.
19 (Source: P.A. 90-590, eff. 1-1-99.)
20 (705 ILCS 405/5-110)
21 Sec. 5-110. Parental responsibility. This Article
22 recognizes the critical role families play in the
23 rehabilitation of delinquent juveniles. Parents, guardians
24 and legal custodians shall participate in the assessment and
25 treatment of juveniles by assisting the juvenile to recognize
26 and accept responsibility for his or her delinquent behavior.
27 The Court may order the parents, guardian or legal custodian
28 to take certain actions or to refrain from certain actions to
29 serve public safety, to develop competency of the minor, and
30 to promote accountability by the minor for his or her
31 actions.
32 (Source: P.A. 90-590, eff. 1-1-99.)
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1 (705 ILCS 405/5-115)
2 Sec. 5-115. Rights of victims. In all proceedings under
3 this Article, victims shall have the same rights of victims
4 in criminal proceedings as provided in the Bill of Rights for
5 Children and the Rights of Crime Victims and Witnesses Act.
6 (Source: P.A. 90-590, eff. 1-1-99.)
7 (705 ILCS 405/5-120)
8 Sec. 5-120. Exclusive jurisdiction. Proceedings may be
9 instituted under the provisions of this Article concerning
10 any minor who prior to the minor's 17th birthday has violated
11 or attempted to violate, regardless of where the act
12 occurred, any federal or State law or municipal or county
13 ordinance. Except as provided in Sections 5-125, 5-130,
14 5-805, and 5-810 of this Article, no minor who was under 17
15 years of age at the time of the alleged offense may be
16 prosecuted under the criminal laws of this State.
17 (Source: P.A. 90-590, eff. 1-1-99.)
18 (705 ILCS 405/5-125)
19 Sec. 5-125. Concurrent jurisdiction. Any minor alleged
20 to have violated a traffic, boating, or fish and game law, or
21 a municipal or county ordinance, may be prosecuted for the
22 violation and if found guilty punished under any statute or
23 ordinance relating to the violation, without reference to the
24 procedures set out in this Article, except that any
25 detention, must be in compliance with this Article.
26 For the purpose of this Section, "traffic violation"
27 shall include a violation of Section 9-3 of the Criminal
28 Code of 1961 relating to the offense of reckless homicide,
29 Section 11-501 of the Illinois Vehicle Code, or any similar
30 county or municipal ordinance.
31 (Source: P.A. 90-590, eff. 1-1-99.)
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1 (705 ILCS 405/5-130)
2 Sec. 5-130. Excluded jurisdiction.
3 (1) (a) The definition of delinquent minor under Section
4 5-120 of this Article shall not apply to any minor who at the
5 time of an offense was at least 15 years of age and who is
6 charged with first degree murder, aggravated criminal sexual
7 assault, aggravated battery with a firearm committed in a
8 school, on the real property comprising a school, within
9 1,000 feet of the real property comprising a school, at a
10 school related activity, or on, boarding, or departing from
11 any conveyance owned, leased, or contracted by a school or
12 school district to transport students to or from school or a
13 school related activity regardless of the time of day or time
14 of year that the offense was committed, armed robbery when
15 the armed robbery was committed with a firearm, or aggravated
16 vehicular hijacking when the hijacking was committed with a
17 firearm.
18 These charges and all other charges arising out of the
19 same incident shall be prosecuted under the criminal laws of
20 this State.
21 For purposes of this paragraph (a) of subsection (l):
22 "School" means a public or private elementary or
23 secondary school, community college, college, or university.
24 "School related activity" means any sporting, social,
25 academic or other activity for which students' attendance or
26 participation is sponsored, organized, or funded in whole or
27 in part by a school or school district.
28 (b) (i) If before trial or plea an information or
29 indictment is filed that does not charge an offense specified
30 in paragraph (a) of this subsection (1) the State's Attorney
31 may proceed on any lesser charge or charges, but only in
32 Juvenile Court under the provisions of this Article. The
33 State's Attorney may proceed under the Criminal Code of 1961
34 on a lesser charge if before trial the minor defendant
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1 knowingly and with advice of counsel waives, in writing, his
2 or her right to have the matter proceed in Juvenile Court.
3 (ii) If before trial or plea an information or
4 indictment is filed that includes one or more charges
5 specified in paragraph (a) of this subsection (1) and
6 additional charges that are not specified in that paragraph,
7 all of the charges arising out of the same incident shall be
8 prosecuted under the Criminal Code of 1961.
9 (c) (i) If after trial or plea the minor is convicted of
10 any offense covered by paragraph (a) of this subsection (1),
11 then, in sentencing the minor, the court shall have available
12 any or all dispositions prescribed for that offense under
13 Chapter V of the Unified Code of Corrections.
14 (ii) If after trial or plea the court finds that the
15 minor committed an offense not covered by paragraph (a) of
16 this subsection (1), that finding shall not invalidate the
17 verdict or the prosecution of the minor under the criminal
18 laws of the State; however, unless the State requests a
19 hearing for the purpose of sentencing the minor under Chapter
20 V of the Unified Code of Corrections, the Court must proceed
21 under Sections 5-705 and 5-710 of this Article. To request a
22 hearing, the State must file a written motion within 10 days
23 following the entry of a finding or the return of a verdict.
24 Reasonable notice of the motion shall be given to the minor
25 or his or her counsel. If the motion is made by the State,
26 the court shall conduct a hearing to determine if the minor
27 should be sentenced under Chapter V of the Unified Code of
28 Corrections. In making its determination, the court shall
29 consider among other matters: (a) whether there is evidence
30 that the offense was committed in an aggressive and
31 premeditated manner; (b) the age of the minor; (c) the
32 previous history of the minor; (d) whether there are
33 facilities particularly available to the Juvenile Court or
34 the Department of Corrections, Juvenile Division, for the
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1 treatment and rehabilitation of the minor; (e) whether the
2 security of the public requires sentencing under Chapter V of
3 the Unified Code of Corrections; and (f) whether the minor
4 possessed a deadly weapon when committing the offense. The
5 rules of evidence shall be the same as if at trial. If after
6 the hearing the court finds that the minor should be
7 sentenced under Chapter V of the Unified Code of Corrections,
8 then the court shall sentence the minor accordingly having
9 available to it any or all dispositions so prescribed.
10 (2) (a) The definition of a delinquent minor under
11 Section 5-120 of this Article shall not apply to any minor
12 who at the time of the offense was at least 15 years of age
13 and who is charged with an offense under Section 401 of the
14 Illinois Controlled Substances Act, while in a school,
15 regardless of the time of day or the time of year, or any
16 conveyance owned, leased or contracted by a school to
17 transport students to or from school or a school related
18 activity, or residential property owned, operated or managed
19 by a public housing agency or leased by a public housing
20 agency as part of a scattered site or mixed-income
21 development, on the real property comprising any school,
22 regardless of the time of day or the time of year, or
23 residential property owned, operated or managed by a public
24 housing agency or leased by a public housing agency as part
25 of a scattered site or mixed-income development, or on a
26 public way within 1,000 feet of the real property comprising
27 any school, regardless of the time of day or the time of
28 year, or residential property owned, operated or managed by a
29 public housing agency or leased by a public housing agency as
30 part of a scattered site or mixed-income development. School
31 is defined, for the purposes of this Section, as any public
32 or private elementary or secondary school, community college,
33 college, or university. These charges and all other charges
34 arising out of the same incident shall be prosecuted under
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1 the criminal laws of this State.
2 (b) (i) If before trial or plea an information or
3 indictment is filed that does not charge an offense specified
4 in paragraph (a) of this subsection (2) the State's Attorney
5 may proceed on any lesser charge or charges, but only in
6 Juvenile Court under the provisions of this Article. The
7 State's Attorney may proceed under the criminal laws of this
8 State on a lesser charge if before trial the minor defendant
9 knowingly and with advice of counsel waives, in writing, his
10 or her right to have the matter proceed in Juvenile Court.
11 (ii) If before trial or plea an information or
12 indictment is filed that includes one or more charges
13 specified in paragraph (a) of this subsection (2) and
14 additional charges that are not specified in that paragraph,
15 all of the charges arising out of the same incident shall be
16 prosecuted under the criminal laws of this State.
17 (c) (i) If after trial or plea the minor is convicted of
18 any offense covered by paragraph (a) of this subsection (2),
19 then, in sentencing the minor, the court shall have available
20 any or all dispositions prescribed for that offense under
21 Chapter V of the Unified Code of Corrections.
22 (ii) If after trial or plea the court finds that the
23 minor committed an offense not covered by paragraph (a) of
24 this subsection (2), that finding shall not invalidate the
25 verdict or the prosecution of the minor under the criminal
26 laws of the State; however, unless the State requests a
27 hearing for the purpose of sentencing the minor under Chapter
28 V of the Unified Code of Corrections, the Court must proceed
29 under Sections 5-705 and 5-710 of this Article. To request a
30 hearing, the State must file a written motion within 10 days
31 following the entry of a finding or the return of a verdict.
32 Reasonable notice of the motion shall be given to the minor
33 or his or her counsel. If the motion is made by the State,
34 the court shall conduct a hearing to determine if the minor
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1 should be sentenced under Chapter V of the Unified Code of
2 Corrections. In making its determination, the court shall
3 consider among other matters: (a) whether there is evidence
4 that the offense was committed in an aggressive and
5 premeditated manner; (b) the age of the minor; (c) the
6 previous history of the minor; (d) whether there are
7 facilities particularly available to the Juvenile Court or
8 the Department of Corrections, Juvenile Division, for the
9 treatment and rehabilitation of the minor; (e) whether the
10 security of the public requires sentencing under Chapter V of
11 the Unified Code of Corrections; and (f) whether the minor
12 possessed a deadly weapon when committing the offense. The
13 rules of evidence shall be the same as if at trial. If after
14 the hearing the court finds that the minor should be
15 sentenced under Chapter V of the Unified Code of Corrections,
16 then the court shall sentence the minor accordingly having
17 available to it any or all dispositions so prescribed.
18 (3) (a) The definition of delinquent minor under Section
19 5-120 of this Article shall not apply to any minor who at the
20 time of the offense was at least 15 years of age and who is
21 charged with a violation of the provisions of paragraph (1),
22 (3), (4), or (10) of subsection (a) of Section 24-1 of the
23 Criminal Code of 1961 while in school, regardless of the time
24 of day or the time of year, or on the real property
25 comprising any school, regardless of the time of day or the
26 time of year. School is defined, for purposes of this Section
27 as any public or private elementary or secondary school,
28 community college, college, or university. These charges and
29 all other charges arising out of the same incident shall be
30 prosecuted under the criminal laws of this State.
31 (b) (i) If before trial or plea an information or
32 indictment is filed that does not charge an offense specified
33 in paragraph (a) of this subsection (3) the State's Attorney
34 may proceed on any lesser charge or charges, but only in
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1 Juvenile Court under the provisions of this Article. The
2 State's Attorney may proceed under the criminal laws of this
3 State on a lesser charge if before trial the minor defendant
4 knowingly and with advice of counsel waives, in writing, his
5 or her right to have the matter proceed in Juvenile Court.
6 (ii) If before trial or plea an information or
7 indictment is filed that includes one or more charges
8 specified in paragraph (a) of this subsection (3) and
9 additional charges that are not specified in that paragraph,
10 all of the charges arising out of the same incident shall be
11 prosecuted under the criminal laws of this State.
12 (c) (i) If after trial or plea the minor is convicted of
13 any offense covered by paragraph (a) of this subsection (3),
14 then, in sentencing the minor, the court shall have available
15 any or all dispositions prescribed for that offense under
16 Chapter V of the Unified Code of Corrections.
17 (ii) If after trial or plea the court finds that the
18 minor committed an offense not covered by paragraph (a) of
19 this subsection (3), that finding shall not invalidate the
20 verdict or the prosecution of the minor under the criminal
21 laws of the State; however, unless the State requests a
22 hearing for the purpose of sentencing the minor under Chapter
23 V of the Unified Code of Corrections, the Court must proceed
24 under Sections 5-705 and 5-710 of this Article. To request a
25 hearing, the State must file a written motion within 10 days
26 following the entry of a finding or the return of a verdict.
27 Reasonable notice of the motion shall be given to the minor
28 or his or her counsel. If the motion is made by the State,
29 the court shall conduct a hearing to determine if the minor
30 should be sentenced under Chapter V of the Unified Code of
31 Corrections. In making its determination, the court shall
32 consider among other matters: (a) whether there is evidence
33 that the offense was committed in an aggressive and
34 premeditated manner; (b) the age of the minor; (c) the
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1 previous history of the minor; (d) whether there are
2 facilities particularly available to the Juvenile Court or
3 the Department of Corrections, Juvenile Division, for the
4 treatment and rehabilitation of the minor; (e) whether the
5 security of the public requires sentencing under Chapter V of
6 the Unified Code of Corrections; and (f) whether the minor
7 possessed a deadly weapon when committing the offense. The
8 rules of evidence shall be the same as if at trial. If after
9 the hearing the court finds that the minor should be
10 sentenced under Chapter V of the Unified Code of Corrections,
11 then the court shall sentence the minor accordingly having
12 available to it any or all dispositions so prescribed.
13 (4) (a) The definition of delinquent minor under Section
14 5-120 of this Article shall not apply to any minor who at the
15 time of an offense was at least 13 years of age and who is
16 charged with first degree murder committed during the course
17 of either aggravated criminal sexual assault, criminal sexual
18 assault, or aggravated kidnaping. However, this subsection
19 (4) does not include a minor charged with first degree murder
20 based exclusively upon the accountability provisions of the
21 Criminal Code of 1961.
22 (b) (i) If before trial or plea an information or
23 indictment is filed that does not charge first degree murder
24 committed during the course of aggravated criminal sexual
25 assault, criminal sexual assault, or aggravated kidnaping,
26 the State's Attorney may proceed on any lesser charge or
27 charges, but only in Juvenile Court under the provisions of
28 this Article. The State's Attorney may proceed under the
29 criminal laws of this State on a lesser charge if before
30 trial the minor defendant knowingly and with advice of
31 counsel waives, in writing, his or her right to have the
32 matter proceed in Juvenile Court.
33 (ii) If before trial or plea an information or
34 indictment is filed that includes first degree murder
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1 committed during the course of aggravated criminal sexual
2 assault, criminal sexual assault, or aggravated kidnaping,
3 and additional charges that are not specified in paragraph
4 (a) of this subsection, all of the charges arising out of the
5 same incident shall be prosecuted under the criminal laws of
6 this State.
7 (c) (i) If after trial or plea the minor is convicted of
8 first degree murder committed during the course of aggravated
9 criminal sexual assault, criminal sexual assault, or
10 aggravated kidnaping, in sentencing the minor, the court
11 shall have available any or all dispositions prescribed for
12 that offense under Chapter V of the Unified Code of
13 Corrections.
14 (ii) If the minor was not yet 15 years of age at the
15 time of the offense, and if after trial or plea the court
16 finds that the minor committed an offense other than first
17 degree murder committed during the course of either
18 aggravated criminal sexual assault, criminal sexual assault,
19 or aggravated kidnapping, the finding shall not invalidate
20 the verdict or the prosecution of the minor under the
21 criminal laws of the State; however, unless the State
22 requests a hearing for the purpose of sentencing the minor
23 under Chapter V of the Unified Code of Corrections, the Court
24 must proceed under Sections 5-705 and 5-710 of this Article.
25 To request a hearing, the State must file a written motion
26 within 10 days following the entry of a finding or the return
27 of a verdict. Reasonable notice of the motion shall be given
28 to the minor or his or her counsel. If the motion is made by
29 the State, the court shall conduct a hearing to determine
30 whether the minor should be sentenced under Chapter V of the
31 Unified Code of Corrections. In making its determination,
32 the court shall consider among other matters: (a) whether
33 there is evidence that the offense was committed in an
34 aggressive and premeditated manner; (b) the age of the
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1 minor; (c) the previous delinquent history of the minor;
2 (d) whether there are facilities particularly available to
3 the Juvenile Court or the Department of Corrections, Juvenile
4 Division, for the treatment and rehabilitation of the minor;
5 (e) whether the best interest of the minor and the security
6 of the public require sentencing under Chapter V of the
7 Unified Code of Corrections; and (f) whether the minor
8 possessed a deadly weapon when committing the offense. The
9 rules of evidence shall be the same as if at trial. If after
10 the hearing the court finds that the minor should be
11 sentenced under Chapter V of the Unified Code of Corrections,
12 then the court shall sentence the minor accordingly having
13 available to it any or all dispositions so prescribed.
14 (5) (a) The definition of delinquent minor under Section
15 5-120 of this Article shall not apply to any minor who is
16 charged with a violation of subsection (a) of Section 31-6 or
17 Section 32-10 of the Criminal Code of 1961 when the minor is
18 subject to prosecution under the criminal laws of this State
19 as a result of the application of the provisions of Section
20 5-125, or subsection (1) or (2) of this Section. These
21 charges and all other charges arising out of the same
22 incident shall be prosecuted under the criminal laws of this
23 State.
24 (b) (i) If before trial or plea an information or
25 indictment is filed that does not charge an offense specified
26 in paragraph (a) of this subsection (5), the State's Attorney
27 may proceed on any lesser charge or charges, but only in
28 Juvenile Court under the provisions of this Article. The
29 State's Attorney may proceed under the criminal laws of this
30 State on a lesser charge if before trial the minor defendant
31 knowingly and with advice of counsel waives, in writing, his
32 or her right to have the matter proceed in Juvenile Court.
33 (ii) If before trial or plea an information or
34 indictment is filed that includes one or more charges
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1 specified in paragraph (a) of this subsection (5) and
2 additional charges that are not specified in that paragraph,
3 all of the charges arising out of the same incident shall be
4 prosecuted under the criminal laws of this State.
5 (c) (i) If after trial or plea the minor is convicted of
6 any offense covered by paragraph (a) of this subsection (5),
7 then, in sentencing the minor, the court shall have available
8 any or all dispositions prescribed for that offense under
9 Chapter V of the Unified Code of Corrections.
10 (ii) If after trial or plea the court finds that the
11 minor committed an offense not covered by paragraph (a) of
12 this subsection (5), the conviction shall not invalidate the
13 verdict or the prosecution of the minor under the criminal
14 laws of this State; however, unless the State requests a
15 hearing for the purpose of sentencing the minor under Chapter
16 V of the Unified Code of Corrections, the Court must proceed
17 under Sections 5-705 and 5-710 of this Article. To request a
18 hearing, the State must file a written motion within 10 days
19 following the entry of a finding or the return of a verdict.
20 Reasonable notice of the motion shall be given to the minor
21 or his or her counsel. If the motion is made by the State,
22 the court shall conduct a hearing to determine if whether the
23 minor should be sentenced under Chapter V of the Unified Code
24 of Corrections. In making its determination, the court shall
25 consider among other matters: (a) whether there is evidence
26 that the offense was committed in an aggressive and
27 premeditated manner; (b) the age of the minor; (c) the
28 previous delinquent history of the minor; (d) whether there
29 are facilities particularly available to the Juvenile Court
30 or the Department of Corrections, Juvenile Division, for the
31 treatment and rehabilitation of the minor; (e) whether the
32 security of the public requires sentencing under Chapter V of
33 the Unified Code of Corrections; and (f) whether the minor
34 possessed a deadly weapon when committing the offense. The
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1 rules of evidence shall be the same as if at trial. If after
2 the hearing the court finds that the minor should be
3 sentenced under Chapter V of the Unified Code of Corrections,
4 then the court shall sentence the minor accordingly having
5 available to it any or all dispositions so prescribed.
6 (6) The definition of delinquent minor under Section
7 5-120 of this Article shall not apply to any minor who,
8 pursuant to subsection (1), (2), or (3) or Section 5-805, or
9 5-810, has previously been placed under the jurisdiction of
10 the criminal court and has been convicted of a crime under an
11 adult criminal or penal statute. Such a minor shall be
12 subject to prosecution under the criminal laws of this State.
13 (7) The procedures set out in this Article for the
14 investigation, arrest and prosecution of juvenile offenders
15 shall not apply to minors who are excluded from jurisdiction
16 of the Juvenile Court, except that minors under 17 years of
17 age shall be kept separate from confined adults.
18 (8) Nothing in this Act prohibits or limits the
19 prosecution of any minor for an offense committed on or after
20 his or her 17th birthday even though he or she is at the time
21 of the offense a ward of the court.
22 (9) If an original petition for adjudication of wardship
23 alleges the commission by a minor 13 years of age or over of
24 an act that constitutes a crime under the laws of this State,
25 the minor, with the consent of his or her counsel, may, at
26 any time before commencement of the adjudicatory hearing,
27 file with the court a motion that criminal prosecution be
28 ordered and that the petition be dismissed insofar as the act
29 or acts involved in the criminal proceedings are concerned.
30 If such a motion is filed as herein provided, the court shall
31 enter its order accordingly.
32 (Source: P.A. 90-590, eff. 1-1-99; 91-15, eff. 1-1-00;
33 91-673, eff. 12-22-99; revised 1-7-00.)
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1 (705 ILCS 405/5-135)
2 Sec. 5-135. Venue.
3 (1) Venue under this Article lies in the county where
4 the minor resides, where the alleged violation or attempted
5 violation of federal or State law or county or municipal
6 ordinance occurred or in the county where the order of the
7 court, alleged to have been violated by the minor, was made
8 unless subsequent to the order the proceedings have been
9 transferred to another county.
10 (2) If proceedings are commenced in any county other
11 than that of the minor's residence, the court in which the
12 proceedings were initiated may at any time before or after
13 adjudication of wardship transfer the case to the county of
14 the minor's residence by transmitting to the court in that
15 county an authenticated copy of the court record, including
16 all documents, petitions and orders filed in that court, a
17 copy of all reports prepared by the agency providing services
18 to the minor, and the minute orders and docket entries of the
19 court. Transfer in like manner may be made in the event of a
20 change of residence from one county to another of a minor
21 concerning whom proceedings are pending.
22 (Source: P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.)
23 (705 ILCS 405/5-140)
24 Sec. 5-140. Legislative findings.
25 (a) The General Assembly finds that a substantial and
26 disproportionate amount of serious crime is committed by a
27 relatively small number of juvenile offenders, otherwise
28 known as serious habitual offenders. By this amendatory Act
29 of 1998, the General Assembly intends to support the efforts
30 of the juvenile justice system comprised of law enforcement,
31 state's attorneys, probation departments, juvenile courts,
32 social service providers, and schools in the early
33 identification and treatment of habitual juvenile offenders.
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1 The General Assembly further supports increased interagency
2 efforts to gather comprehensive data and actively disseminate
3 the data to the agencies in the juvenile justice system to
4 produce more informed decisions by all entities in that
5 system.
6 (b) The General Assembly finds that the establishment of
7 a Serious Habitual Offender Comprehensive Action Program
8 throughout the State of Illinois is necessary to effectively
9 intensify the supervision of serious habitual juvenile
10 offenders in the community and to enhance current
11 rehabilitative efforts. A cooperative and coordinated
12 multi-disciplinary approach will increase the opportunity for
13 success with juvenile offenders and assist in the development
14 of early intervention strategies.
15 (Source: P.A. 90-590, eff. 1-1-99.)
16 (705 ILCS 405/5-145)
17 Sec. 5-145. Cooperation of agencies; Serious Habitual
18 Offender Comprehensive Action Program.
19 (a) The Serious Habitual Offender Comprehensive Action
20 Program (SHOCAP) is a multi-disciplinary interagency case
21 management and information sharing system that enables the
22 juvenile justice system, schools, and social service agencies
23 to make more informed decisions regarding a small number of
24 juveniles who repeatedly commit serious delinquent acts.
25 (b) Each county in the State of Illinois, other than
26 Cook County, may establish a multi-disciplinary agency
27 (SHOCAP) committee. In Cook County, each subcircuit or group
28 of subcircuits may establish a multi-disciplinary agency
29 (SHOCAP) committee. The committee shall consist of
30 representatives from the following agencies: local law
31 enforcement, area school district, state's attorney's office,
32 and court services (probation).
33 The chairman may appoint additional members to the
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1 committee as deemed appropriate to accomplish the goals of
2 this program, including, but not limited to, representatives
3 from the juvenile detention center, mental health, the
4 Illinois Department of Children and Family Services,
5 Department of Human Services and community representatives at
6 large.
7 (c) The SHOCAP committee shall adopt, by a majority of
8 the members:
9 (1) criteria that will identify those who qualify
10 as a serious habitual juvenile offender; and
11 (2) a written interagency information sharing
12 agreement to be signed by the chief executive officer of
13 each of the agencies represented on the committee. The
14 interagency information sharing agreement shall include a
15 provision that requires that all records pertaining to a
16 serious habitual offender (SHO) shall be confidential.
17 Disclosure of information may be made to other staff from
18 member agencies as authorized by the SHOCAP committee for
19 the furtherance of case management and tracking of the
20 SHO. Staff from the member agencies who receive this
21 information shall be governed by the confidentiality
22 provisions of this Act. The staff from the member
23 agencies who will qualify to have access to the SHOCAP
24 information must be limited to those individuals who
25 provide direct services to the SHO or who provide
26 supervision of the SHO.
27 (d) The Chief Juvenile Circuit Judge, or the Chief
28 Circuit Judge, or his or her designee, may issue a
29 comprehensive information sharing court order. The court
30 order shall allow agencies who are represented on the SHOCAP
31 committee and whose chief executive officer has signed the
32 interagency information sharing agreement to provide and
33 disclose information to the SHOCAP committee. The sharing of
34 information will ensure the coordination and cooperation of
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1 all agencies represented in providing case management and
2 enhancing the effectiveness of the SHOCAP efforts.
3 (e) Any person or agency who is participating in good
4 faith in the sharing of SHOCAP information under this Act
5 shall have immunity from any liability, civil, criminal, or
6 otherwise, that might result by reason of the type of
7 information exchanged. For the purpose of any proceedings,
8 civil or criminal, the good faith of any person or agency
9 permitted to share SHOCAP information under this Act shall be
10 presumed.
11 (f) All reports concerning SHOCAP clients made available
12 to members of the SHOCAP committee and all records generated
13 from these reports shall be confidential and shall not be
14 disclosed, except as specifically authorized by this Act or
15 other applicable law. It is a Class A misdemeanor to permit,
16 assist, or encourage the unauthorized release of any
17 information contained in SHOCAP reports or records.
18 (Source: P.A. 90-590, eff. 1-1-99.)
19 (705 ILCS 405/5-150)
20 Sec. 5-150. Admissibility of evidence and adjudications
21 in other proceedings.
22 (1) Evidence and adjudications in proceedings under this
23 Act shall be admissible:
24 (a) in subsequent proceedings under this Act
25 concerning the same minor; or
26 (b) in criminal proceedings when the court is to
27 determine the amount of bail, fitness of the defendant or
28 in sentencing under the Unified Code of Corrections; or
29 (c) in proceedings under this Act or in criminal
30 proceedings in which anyone who has been adjudicated
31 delinquent under Section 5-105 is to be a witness
32 including the minor or defendant if he or she testifies,
33 and then only for purposes of impeachment and pursuant to
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1 the rules of evidence for criminal trials; or
2 (d) in civil proceedings concerning causes of
3 action arising out of the incident or incidents which
4 initially gave rise to the proceedings under this Act.
5 (2) No adjudication or disposition under this Act shall
6 operate to disqualify a minor from subsequently holding
7 public office nor shall operate as a forfeiture of any right,
8 privilege or right to receive any license granted by public
9 authority.
10 (3) The court which adjudicated that a minor has
11 committed any offense relating to motor vehicles prescribed
12 in Sections 4-102 and 4-103 of the Illinois Vehicle Code
13 shall notify the Secretary of State of that adjudication and
14 the notice shall constitute sufficient grounds for revoking
15 that minor's driver's license or permit as provided in
16 Section 6-205 of the Illinois Vehicle Code; no minor shall be
17 considered a criminal by reason thereof, nor shall any such
18 adjudication be considered a conviction.
19 (Source: P.A. 90-590, eff. 1-1-99.)
20 (705 ILCS 405/5-155)
21 Sec. 5-155. Any weapon in possession of a minor found to
22 be a delinquent under Section 5-105 for an offense involving
23 the use of a weapon or for being in possession of a weapon
24 during the commission of an offense shall be confiscated and
25 disposed of by the juvenile court whether the weapon is the
26 property of the minor or his or her parent or guardian.
27 Disposition of the weapon by the court shall be in accordance
28 with Section 24-6 of the Criminal Code of 1961.
29 (Source: P.A. 90-590, eff. 1-1-99.)
30 PART 2. ADMINISTRATION OF JUVENILE JUSTICE
31 CONTINUUM FOR DELINQUENCY PREVENTION
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1 (705 ILCS 405/5-201)
2 Sec. 5-201. Legislative declaration. The General
3 Assembly recognizes that, despite the large investment of
4 resources committed to address the needs of the juvenile
5 justice system of this State, cost of juvenile crime
6 continues to drain the State's existing financial capacity,
7 and exacts traumatic and tragic physical, psychological and
8 economic damage to victims. The General Assembly further
9 recognizes that many adults in the criminal justice system
10 were once delinquents in the juvenile justice system. The
11 General Assembly also recognizes that the most effective
12 juvenile delinquency programs are programs that not only
13 prevent children from entering the juvenile justice system,
14 but also meet local community needs and have substantial
15 community involvement and support. Therefore, it is the
16 belief of the General Assembly that one of the best
17 investments of the scarce resources available to combat crime
18 is in the prevention of delinquency, including prevention of
19 criminal activity by youth gangs. It is the intent of the
20 General Assembly to authorize and encourage each of the
21 counties of the State to establish a comprehensive juvenile
22 justice plan based upon the input of representatives of every
23 affected public or private entity, organization, or group.
24 It is the further intent of the General Assembly that
25 representatives of school systems, the judiciary, law
26 enforcement, and the community acquire a thorough
27 understanding of the role and responsibility that each has in
28 addressing juvenile crime in the community, that the county
29 juvenile justice plan reflect an understanding of the legal
30 and fiscal limits within which the plan must be implemented,
31 and that willingness of the parties to cooperate and
32 collaborate in implementing the plan be explicitly stated.
33 It is the further intent of the General Assembly that county
34 juvenile justice plans form the basis of regional and State
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1 juvenile justice plans and that the prevention and treatment
2 resources at the county, regional, and State levels be
3 utilized to the maximum extent possible to implement and
4 further the goals of their respective plans.
5 (Source: P.A. 90-590, eff. 1-1-99.)
6 PART 3. IMMEDIATE INTERVENTION PROCEDURES
7 (705 ILCS 405/5-300)
8 Sec. 5-300. Legislative Declaration. The General
9 Assembly recognizes that a major component of any continuum
10 for delinquency prevention is a series of immediate
11 interaction programs. It is the belief of the General
12 Assembly that each community or group of communities is best
13 suited to develop and implement immediate intervention
14 programs to identify and redirect delinquent youth. The
15 following programs and procedures for immediate intervention
16 are authorized options for communities, and are not intended
17 to be exclusive or mandated.
18 (Source: P.A. 90-590, eff. 1-1-99.)
19 (705 ILCS 405/5-301)
20 Sec. 5-301. Station adjustments. A minor arrested for
21 any offense or a violation of a condition of previous station
22 adjustment may receive a station adjustment for that arrest
23 as provided herein. In deciding whether to impose a station
24 adjustment, either informal or formal, a juvenile police
25 officer shall consider the following factors:
26 (A) The seriousness of the alleged offense.
27 (B) The prior history of delinquency of the minor.
28 (C) The age of the minor.
29 (D) The culpability of the minor in committing the
30 alleged offense.
31 (E) Whether the offense was committed in an aggressive
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1 or premeditated manner.
2 (F) Whether the minor used or possessed a deadly weapon
3 when committing the alleged offenses.
4 (1) Informal station adjustment.
5 (a) An informal station adjustment is defined as a
6 procedure when a juvenile police officer determines that
7 there is probable cause to believe that the minor has
8 committed an offense.
9 (b) A minor shall receive no more than 3 informal
10 station adjustments statewide for a misdemeanor offense
11 within 3 years without prior approval from the State's
12 Attorney's Office.
13 (c) A minor shall receive no more than 3 informal
14 station adjustments statewide for a felony offense within
15 3 years without prior approval from the State's
16 Attorney's Office.
17 (d) A minor shall receive a combined total of no
18 more than 5 informal station adjustments statewide during
19 his or her minority.
20 (e) The juvenile police officer may make reasonable
21 conditions of an informal station adjustment which may
22 include but are not limited to:
23 (i) Curfew.
24 (ii) Conditions restricting entry into
25 designated geographical areas.
26 (iii) No contact with specified persons.
27 (iv) School attendance.
28 (v) Performing up to 25 hours of community
29 service work.
30 (vi) Community mediation.
31 (vii) Teen court or a peer court.
32 (viii) Restitution limited to 90 days.
33 (f) If the minor refuses or fails to abide by the
34 conditions of an informal station adjustment, the
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1 juvenile police officer may impose a formal station
2 adjustment or refer the matter to the State's Attorney's
3 Office.
4 (g) An informal station adjustment does not
5 constitute an adjudication of delinquency or a criminal
6 conviction. Beginning January 1, 2000, a record shall
7 be maintained with the Department of State Police for
8 informal station adjustments for offenses that would be a
9 felony if committed by an adult, and may be maintained if
10 the offense would be a misdemeanor.
11 (2) Formal station adjustment.
12 (a) A formal station adjustment is defined as a
13 procedure when a juvenile police officer determines that
14 there is probable cause to believe the minor has
15 committed an offense and an admission by the minor of
16 involvement in the offense.
17 (b) The minor and parent, guardian, or legal
18 custodian must agree in writing to the formal station
19 adjustment and must be advised of the consequences of
20 violation of any term of the agreement.
21 (c) The minor and parent, guardian or legal
22 custodian shall be provided a copy of the signed
23 agreement of the formal station adjustment. The
24 agreement shall include:
25 (i) The offense which formed the basis of the
26 formal station adjustment.
27 (ii) An acknowledgment that the terms of the
28 formal station adjustment and the consequences for
29 violation have been explained.
30 (iii) An acknowledgment that the formal
31 station adjustments record may be expunged under
32 Section 5-915 of this Act.
33 (iv) An acknowledgement that the minor
34 understands that his or her admission of involvement
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1 in the offense may be admitted into evidence in
2 future court hearings.
3 (v) A statement that all parties understand
4 the terms and conditions of formal station
5 adjustment and agree to the formal station
6 adjustment process.
7 (d) Conditions of the formal station adjustment may
8 include, but are not be limited to:
9 (i) The time shall not exceed 120 days.
10 (ii) The minor shall not violate any laws.
11 (iii) The juvenile police officer may require
12 the minor to comply with additional conditions for
13 the formal station adjustment which may include but
14 are not limited to:
15 (a) Attending school.
16 (b) Abiding by a set curfew.
17 (c) Payment of restitution.
18 (d) Refraining from possessing a firearm
19 or other weapon.
20 (e) Reporting to a police officer at
21 designated times and places, including
22 reporting and verification that the minor is at
23 home at designated hours.
24 (f) Performing up to 25 hours of
25 community service work.
26 (g) Refraining from entering designated
27 geographical areas.
28 (h) Participating in community mediation.
29 (i) Participating in teen court or peer
30 court.
31 (j) Refraining from contact with
32 specified persons.
33 (e) A formal station adjustment does not
34 constitute an adjudication of delinquency or a criminal
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1 conviction. Beginning January 1, 2000, a record shall be
2 maintained with the Department of State Police for formal
3 station adjustments.
4 (f) A minor or the minor's parent, guardian, or
5 legal custodian, or both the minor and the minor's
6 parent, guardian, or legal custodian, may refuse a formal
7 station adjustment and have the matter referred for court
8 action or other appropriate action.
9 (g) A minor or the minor's parent, guardian, or
10 legal custodian, or both the minor and the minor's
11 parent, guardian, or legal custodian, may within 30 days
12 of the commencement of the formal station adjustment
13 revoke their consent and have the matter referred for
14 court action or other appropriate action. This
15 revocation must be in writing and personally served upon
16 the police officer or his or her supervisor.
17 (h) The admission of the minor as to involvement in
18 the offense shall be admissible at further court hearings
19 as long as the statement would be admissible under the
20 rules of evidence.
21 (i) If the minor violates any term or condition of
22 the formal station adjustment the juvenile police officer
23 shall provide written notice of violation to the minor
24 and the minor's parent, guardian, or legal custodian.
25 After consultation with the minor and the minor's parent,
26 guardian, or legal custodian, the juvenile police officer
27 may take any of the following steps upon violation:
28 (i) Warn the minor of consequences of
29 continued violations and continue the formal station
30 adjustment.
31 (ii) Extend the period of the formal station
32 adjustment up to a total of 180 days.
33 (iii) Extend the hours of community service
34 work up to a total of 40 hours.
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1 (iv) Terminate the formal station adjustment
2 unsatisfactorily and take no other action.
3 (v) Terminate the formal station adjustment
4 unsatisfactorily and refer the matter to the
5 juvenile court.
6 (j) A minor shall receive no more than 2 formal
7 station adjustments statewide for a felony offense
8 without the State's Attorney's approval within a 3 year
9 period.
10 (k) A minor shall receive no more than 3 formal
11 station adjustments statewide for a misdemeanor offense
12 without the State's Attorney's approval within a 3 year
13 period.
14 (l) The total for formal station adjustments
15 statewide within the period of minority may not exceed 4
16 without the State's Attorney's approval.
17 (m) If the minor is arrested in a jurisdiction
18 where the minor does not reside, the formal station
19 adjustment may be transferred to the jurisdiction where
20 the minor does reside upon written agreement of that
21 jurisdiction to monitor the formal station adjustment.
22 (3) Beginning January 1, 2000, the juvenile police
23 officer making a station adjustment shall assure that
24 information about any offense which would constitute a felony
25 if committed by an adult and may assure that information
26 about a misdemeanor is transmitted to the Department of State
27 Police.
28 (4) The total number of station adjustments, both formal
29 and informal, shall not exceed 9 without the State's
30 Attorney's approval for any minor arrested anywhere in the
31 State.
32 (Source: P.A. 90-590, eff. 1-1-99.)
33 (705 ILCS 405/5-305)
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1 Sec. 5-305. Probation adjustment.
2 (1) The court may authorize the probation officer to
3 confer in a preliminary conference with a minor who is
4 alleged to have committed an offense, his or her parent,
5 guardian or legal custodian, the victim, the juvenile police
6 officer, the State's Attorney, and other interested persons
7 concerning the advisability of filing a petition under
8 Section 5-520, with a view to adjusting suitable cases
9 without the filing of a petition as provided for in this
10 Article, the probation officer should schedule a conference
11 promptly except when the State's Attorney insists on court
12 action or when the minor has indicated that he or she will
13 demand a judicial hearing and will not comply with a
14 probation adjustment.
15 (1-b) In any case of a minor who is in custody, the
16 holding of a probation adjustment conference does not operate
17 to prolong temporary custody beyond the period permitted by
18 Section 5-415.
19 (2) This Section does not authorize any probation
20 officer to compel any person to appear at any conference,
21 produce any papers, or visit any place.
22 (3) No statement made during a preliminary conference in
23 regard to the offense that is the subject of the conference
24 may be admitted into evidence at an adjudicatory hearing or
25 at any proceeding against the minor under the criminal laws
26 of this State prior to his or her conviction under those
27 laws.
28 (4) When a probation adjustment is appropriate, the
29 probation officer shall promptly formulate a written,
30 non-judicial adjustment plan following the initial
31 conference.
32 (5) Non-judicial probation adjustment plans include but
33 are not limited to the following:
34 (a) up to 6 months informal supervision within the
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1 family;
2 (b) up to 12 months informal supervision with a
3 probation officer involved;
4 (c) up to 6 months informal supervision with
5 release to a person other than a parent;
6 (d) referral to special educational, counseling, or
7 other rehabilitative social or educational programs;
8 (e) referral to residential treatment programs;
9 (f) participation in a public or community service
10 program or activity; and
11 (g) any other appropriate action with the consent
12 of the minor and a parent.
13 (6) The factors to be considered by the probation
14 officer in formulating a non-judicial probation adjustment
15 plan shall be the same as those limited in subsection (4) of
16 Section 5-405.
17 (7) Beginning January 1, 2000, the probation officer
18 who imposes a probation adjustment plan shall assure that
19 information about an offense which would constitute a felony
20 if committed by an adult, and may assure that information
21 about a misdemeanor offense, is transmitted to the Department
22 of State Police.
23 (Source: P.A. 90-590, eff. 1-1-99.)
24 (705 ILCS 405/5-310)
25 Sec. 5-310. Community mediation program.
26 (1) Program purpose. The purpose of community mediation
27 is to provide a system by which minors who commit delinquent
28 acts may be dealt with in a speedy and informal manner at the
29 community or neighborhood level. The goal is to make the
30 juvenile understand the seriousness of his or her actions and
31 the effect that a crime has on the minor, his or her family,
32 his or her victim and his or her community. In addition, this
33 system offers a method to reduce the ever-increasing
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1 instances of delinquent acts while permitting the judicial
2 system to deal effectively with cases that are more serious
3 in nature.
4 (2) Community mediation panels. The State's Attorney, or
5 an entity designated by the State's Attorney, may establish
6 community mediation programs designed to provide citizen
7 participation in addressing juvenile delinquency. The
8 State's Attorney, or his or her designee, shall maintain a
9 list of qualified persons who have agreed to serve as
10 community mediators. To the maximum extent possible, panel
11 membership shall reflect the social-economic, racial and
12 ethnic make-up of the community in which the panel sits. The
13 panel shall consist of members with a diverse background in
14 employment, education and life experience.
15 (3) Community mediation cases.
16 (a) Community mediation programs shall provide one
17 or more community mediation panels to informally hear
18 cases that are referred by a police officer as a station
19 adjustment, or a probation officer as a probation
20 adjustment, or referred by the State's Attorney as a
21 diversion from prosecution.
22 (b) Minors who are offered the opportunity to
23 participate in the program must admit responsibility for
24 the offense to be eligible for the program.
25 (4) Disposition of cases. Subsequent to any hearing
26 held, the community mediation panel may:
27 (a) Refer the minor for placement in a
28 community-based nonresidential program.
29 (b) Refer the minor or the minor's family to
30 community counseling.
31 (c) Require the minor to perform up to 100 hours of
32 community service.
33 (d) Require the minor to make restitution in money
34 or in kind in a case involving property damage; however,
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1 the amount of restitution shall not exceed the amount of
2 actual damage to property.
3 (e) Require the minor and his or her parent,
4 guardian, or legal custodian to undergo an approved
5 screening for substance abuse or use, or both. If the
6 screening indicates a need, a drug and alcohol assessment
7 of the minor and his or her parent, guardian, or legal
8 custodian shall be conducted by an entity licensed by the
9 Department of Human Services, as a successor to the
10 Department of Alcoholism and Substance Abuse. The minor
11 and his or her parent, guardian, or legal custodian shall
12 adhere to and complete all recommendations to obtain drug
13 and alcohol treatment and counseling resulting from the
14 assessment.
15 (f) Require the minor to attend school.
16 (g) Require the minor to attend tutorial sessions.
17 (h) Impose any other restrictions or sanctions that
18 are designed to encourage responsible and acceptable
19 behavior and are agreed upon by the participants of the
20 community mediation proceedings.
21 (5) The agreement shall run no more than 6 months. All
22 community mediation panel members and observers are required
23 to sign the following oath of confidentiality prior to
24 commencing community mediation proceedings:
25 "I solemnly swear or affirm that I will not
26 divulge, either by words or signs, any information
27 about the case which comes to my knowledge in the
28 course of a community mediation presentation and
29 that I will keep secret all proceedings which may be
30 held in my presence.
31 Further, I understand that if I break
32 confidentiality by telling anyone else the names of
33 community mediation participants, except for
34 information pertaining to the community mediation
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1 panelists themselves, or any other specific details
2 of the case which may identify that juvenile, I will
3 no longer be able to serve as a community mediation
4 panel member or observer."
5 (6) The State's Attorney shall adopt rules and
6 procedures governing administration of the program.
7 (Source: P.A. 90-590, eff. 1-1-99.)
8 (705 ILCS 405/5-315)
9 Sec. 5-315. Teen court. The county board or corporate
10 authorities of a municipality, or both, may create or
11 contract with a community based organization for teen court
12 programs.
13 (Source: P.A. 90-590, eff. 1-1-99.)
14 (705 ILCS 405/5-325)
15 Sec. 5-325. Reports to the State's Attorney. Upon the
16 request of the State's Attorney in the county where it is
17 alleged that a minor has committed a crime, any school or law
18 enforcement agency that has knowledge of those allegations
19 shall forward information or a report concerning the incident
20 to the State's Attorney, provided that the information is not
21 currently protected by any privilege recognized by law or by
22 decision, rule, or order of the Illinois Supreme Court.
23 (Source: P.A. 90-590, eff. 1-1-99.)
24 (705 ILCS 405/5-330)
25 Sec. 5-330. State's Attorney's discretion to prosecute.
26 Nothing in this Article shall divest the authority of the
27 State's Attorney to file appropriate charges for violations
28 of this Article if he or she has probable cause to believe
29 that the violations have occurred.
30 (Source: P.A. 90-590, eff. 1-1-99.)
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1 PART 4. ARREST AND CUSTODY
2 (705 ILCS 405/5-401)
3 Sec. 5-401. Arrest and taking into custody of a minor.
4 (1) A law enforcement officer may, without a warrant,
5 (a) arrest a minor whom the officer with probable
6 cause believes to be a delinquent minor; or
7 (b) take into custody a minor who has been adjudged
8 a ward of the court and has escaped from any commitment
9 ordered by the court under this Act; or
10 (c) take into custody a minor whom the officer
11 reasonably believes has violated the conditions of
12 probation or supervision ordered by the court.
13 (2) Whenever a petition has been filed under Section
14 5-520 and the court finds that the conduct and behavior of
15 the minor may endanger the health, person, welfare, or
16 property of the minor or others or that the circumstances of
17 his or her home environment may endanger his or her health,
18 person, welfare or property, a warrant may be issued
19 immediately to take the minor into custody.
20 (3) Except for minors accused of violation of an order
21 of the court, any minor accused of any act under federal or
22 State law, or a municipal or county ordinance that would not
23 be illegal if committed by an adult, cannot be placed in a
24 jail, municipal lockup, detention center, or secure
25 correctional facility. Juveniles accused with underage
26 consumption and underage possession of alcohol cannot be
27 placed in a jail, municipal lockup, detention center, or
28 correctional facility.
29 (Source: P.A. 90-590, eff. 1-1-99.)
30 (705 ILCS 405/5-405)
31 Sec. 5-405. Duty of officer; admissions by minor.
32 (1) A law enforcement officer who arrests a minor with a
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1 warrant shall immediately make a reasonable attempt to notify
2 the parent or other person legally responsible for the
3 minor's care or the person with whom the minor resides that
4 the minor has been arrested and where he or she is being
5 held. The minor shall be delivered without unnecessary delay
6 to the court or to the place designated by rule or order of
7 court for the reception of minors.
8 (2) A law enforcement officer who arrests a minor
9 without a warrant under Section 5-401 shall, if the minor is
10 not released, immediately make a reasonable attempt to notify
11 the parent or other person legally responsible for the
12 minor's care or the person with whom the minor resides that
13 the minor has been arrested and where the minor is being
14 held; and the law enforcement officer shall without
15 unnecessary delay take the minor to the nearest juvenile
16 police officer designated for these purposes in the county of
17 venue or shall surrender the minor to a juvenile police
18 officer in the city or village where the offense is alleged
19 to have been committed. If a minor is taken into custody for
20 an offense which would be a misdemeanor if committed by an
21 adult, the law enforcement officer, upon determining the true
22 identity of the minor, may release the minor to the parent or
23 other person legally responsible for the minor's care or the
24 person with whom the minor resides. If a minor is so
25 released, the law enforcement officer shall promptly notify a
26 juvenile police officer of the circumstances of the custody
27 and release.
28 (3) The juvenile police officer may take one of the
29 following actions:
30 (a) station adjustment and release of the minor;
31 (b) release the minor to his or her parents and
32 refer the case to Juvenile Court;
33 (c) if the juvenile police officer reasonably
34 believes that there is an urgent and immediate necessity
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1 to keep the minor in custody, the juvenile police officer
2 shall deliver the minor without unnecessary delay to the
3 court or to the place designated by rule or order of
4 court for the reception of minors;
5 (d) any other appropriate action with consent of
6 the minor or a parent.
7 (4) The factors to be considered in determining whether
8 to release or keep a minor in custody shall include:
9 (a) the nature of the allegations against the
10 minor;
11 (b) the minor's history and present situation;
12 (c) the history of the minor's family and the
13 family's present situation;
14 (d) the educational and employment status of the
15 minor;
16 (e) the availability of special resource or
17 community services to aid or counsel the minor;
18 (f) the minor's past involvement with and progress
19 in social programs;
20 (g) the attitude of complainant and community
21 toward the minor; and
22 (h) the present attitude of the minor and family.
23 (5) The records of law enforcement officers concerning
24 all minors taken into custody under this Act shall be
25 maintained separate from the records of arrests of adults and
26 may not be inspected by or disclosed to the public except
27 pursuant to Section 5-901 and Section 5-905.
28 (Source: P.A. 90-590, eff. 1-1-99.)
29 (705 ILCS 405/5-410)
30 Sec. 5-410. Non-secure custody or detention.
31 (1) Any minor arrested or taken into custody pursuant to
32 this Act who requires care away from his or her home but who
33 does not require physical restriction shall be given
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1 temporary care in a foster family home or other shelter
2 facility designated by the court.
3 (2) (a) Any minor 10 years of age or older arrested
4 pursuant to this Act where there is probable cause to believe
5 that the minor is a delinquent minor and that (i) secured
6 custody is a matter of immediate and urgent necessity for the
7 protection of the minor or of the person or property of
8 another, (ii) the minor is likely to flee the jurisdiction of
9 the court, or (iii) the minor was taken into custody under a
10 warrant, may be kept or detained in an authorized detention
11 facility. No minor under 12 years of age shall be detained
12 in a county jail or a municipal lockup for more than 6 hours.
13 (b) The written authorization of the probation officer
14 or detention officer (or other public officer designated by
15 the court in a county having 3,000,000 or more inhabitants)
16 constitutes authority for the superintendent of any juvenile
17 detention home to detain and keep a minor for up to 40 hours,
18 excluding Saturdays, Sundays and court-designated holidays.
19 These records shall be available to the same persons and
20 pursuant to the same conditions as are law enforcement
21 records as provided in Section 5-905.
22 (b-4) The consultation required by subsection (b-5)
23 shall not be applicable if the probation officer or detention
24 officer (or other public officer designated by the court in a
25 county having 3,000,000 or more inhabitants) utilizes a
26 scorable detention screening instrument, which has been
27 developed with input by the State's Attorney, to determine
28 whether a minor should be detained, however, subsection (b-5)
29 shall still be applicable where no such screening instrument
30 is used or where the probation officer, detention officer (or
31 other public officer designated by the court in a county
32 having 3,000,000 or more inhabitants) deviates from the
33 screening instrument.
34 (b-5) Subject to the provisions of subsection (b-4), if
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1 a probation officer or detention officer (or other public
2 officer designated by the court in a county having 3,000,000
3 or more inhabitants) does not intend to detain a minor for an
4 offense which constitutes one of the following offenses he or
5 she shall consult with the State's Attorney's Office prior to
6 the release of the minor: first degree murder, second degree
7 murder, involuntary manslaughter, criminal sexual assault,
8 aggravated criminal sexual assault, aggravated battery with a
9 firearm, aggravated or heinous battery involving permanent
10 disability or disfigurement or great bodily harm, robbery,
11 aggravated robbery, armed robbery, vehicular hijacking,
12 aggravated vehicular hijacking, vehicular invasion, arson,
13 aggravated arson, kidnapping, aggravated kidnapping, home
14 invasion, burglary, or residential burglary.
15 (c) Except as otherwise provided in paragraph (a), (d),
16 or (e), no minor shall be detained in a county jail or
17 municipal lockup for more than 12 hours, unless the offense
18 is a crime of violence in which case the minor may be
19 detained up to 24 hours. For the purpose of this paragraph,
20 "crime of violence" has the meaning ascribed to it in Section
21 1-10 of the Alcoholism and Other Drug Abuse and Dependency
22 Act.
23 (i) The period of detention is deemed to have begun once
24 the minor has been placed in a locked room or cell or
25 handcuffed to a stationary object in a building housing a
26 county jail or municipal lockup. Time spent transporting a
27 minor is not considered to be time in detention or secure
28 custody.
29 (ii) Any minor so confined shall be under periodic
30 supervision and shall not be permitted to come into or remain
31 in contact with adults in custody in the building.
32 (iii) Upon placement in secure custody in a jail or
33 lockup, the minor shall be informed of the purpose of the
34 detention, the time it is expected to last and the fact that
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1 it cannot exceed the time specified under this Act.
2 (iv) A log shall be kept which shows the offense which
3 is the basis for the detention, the reasons and circumstances
4 for the decision to detain and the length of time the minor
5 was in detention.
6 (v) Violation of the time limit on detention in a county
7 jail or municipal lockup shall not, in and of itself, render
8 inadmissible evidence obtained as a result of the violation
9 of this time limit. Minors under 17 years of age shall be
10 kept separate from confined adults and may not at any time be
11 kept in the same cell, room or yard with adults confined
12 pursuant to criminal law. Persons 17 years of age and older
13 who have a petition of delinquency filed against them shall
14 be confined in an adult detention facility.
15 (d) (i) If a minor 12 years of age or older is confined
16 in a county jail in a county with a population below
17 3,000,000 inhabitants, then the minor's confinement shall be
18 implemented in such a manner that there will be no contact by
19 sight, sound or otherwise between the minor and adult
20 prisoners. Minors 12 years of age or older must be kept
21 separate from confined adults and may not at any time be kept
22 in the same cell, room, or yard with confined adults. This
23 paragraph (d)(i) shall only apply to confinement pending an
24 adjudicatory hearing and shall not exceed 40 hours, excluding
25 Saturdays, Sundays and court designated holidays. To accept
26 or hold minors during this time period, county jails shall
27 comply with all monitoring standards promulgated by the
28 Department of Corrections and training standards approved by
29 the Illinois Law Enforcement Training Standards Board.
30 (ii) To accept or hold minors, 12 years of age or older,
31 after the time period prescribed in paragraph (d)(i) of this
32 subsection (2) of this Section but not exceeding 7 days
33 including Saturdays, Sundays and holidays pending an
34 adjudicatory hearing, county jails shall comply with all
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1 temporary detention standards promulgated by the Department
2 of Corrections and training standards approved by the
3 Illinois Law Enforcement Training Standards Board.
4 (iii) To accept or hold minors 12 years of age or older,
5 after the time period prescribed in paragraphs (d)(i) and
6 (d)(ii) of this subsection (2) of this Section, county jails
7 shall comply with all programmatic and training standards for
8 juvenile detention homes promulgated by the Department of
9 Corrections.
10 (e) When a minor who is at least 15 years of age is
11 prosecuted under the criminal laws of this State, the court
12 may enter an order directing that the juvenile be confined in
13 the county jail. However, any juvenile confined in the
14 county jail under this provision shall be separated from
15 adults who are confined in the county jail in such a manner
16 that there will be no contact by sight, sound or otherwise
17 between the juvenile and adult prisoners.
18 (f) For purposes of appearing in a physical lineup, the
19 minor may be taken to a county jail or municipal lockup under
20 the direct and constant supervision of a juvenile police
21 officer. During such time as is necessary to conduct a
22 lineup, and while supervised by a juvenile police officer,
23 the sight and sound separation provisions shall not apply.
24 (g) For purposes of processing a minor, the minor may be
25 taken to a County Jail or municipal lockup under the direct
26 and constant supervision of a law enforcement officer or
27 correctional officer. During such time as is necessary to
28 process the minor, and while supervised by a law enforcement
29 officer or correctional officer, the sight and sound
30 separation provisions shall not apply.
31 (3) If the probation officer or State's Attorney (or
32 such other public officer designated by the court in a county
33 having 3,000,000 or more inhabitants) determines that the
34 minor may be a delinquent minor as described in subsection
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1 (3) of Section 5-105, and should be retained in custody but
2 does not require physical restriction, the minor may be
3 placed in non-secure custody for up to 40 hours pending a
4 detention hearing.
5 (4) Any minor taken into temporary custody, not
6 requiring secure detention, may, however, be detained in the
7 home of his or her parent or guardian subject to such
8 conditions as the court may impose.
9 (Source: P.A. 90-590, eff. 1-1-99.)
10 (705 ILCS 405/5-407)
11 Sec. 5-407. Processing of juvenile in possession of a
12 firearm.
13 (a) If a law enforcement officer detains a minor
14 pursuant to Section 10-27.1A of the School Code, the officer
15 shall deliver the minor to the nearest juvenile officer, in
16 the manner prescribed by subsection (2) of Section 5-405 of
17 this Act. The juvenile officer shall deliver the minor
18 without unnecessary delay to the court or to the place
19 designated by rule or order of court for the reception of
20 minors. In no event shall the minor be eligible for any
21 other disposition by the juvenile police officer,
22 notwithstanding the provisions of subsection (3) of Section
23 5-405 of this Act.
24 (b) Minors not excluded from this Act's jurisdiction
25 under subsection (3)(a) of Section 5-130 of this Act shall be
26 brought before a judicial officer within 40 hours, exclusive
27 of Saturdays, Sundays, and court-designated holidays, for a
28 detention hearing to determine whether he or she shall be
29 further held in custody. If the court finds that there is
30 probable cause to believe that the minor is a delinquent
31 minor by virtue of his or her violation of item (4) of
32 subsection (a) of Section 24-1 of the Criminal Code of 1961
33 while on school grounds, that finding shall create a
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1 presumption that immediate and urgent necessity exists under
2 subdivision (2) of Section 5-501 of this Act. Once the
3 presumption of immediate and urgent necessity has been
4 raised, the burden of demonstrating the lack of immediate and
5 urgent necessity shall be on any party that is opposing
6 detention for the minor. Should the court order detention
7 pursuant to this Section, the minor shall be detained,
8 pending the results of a court-ordered psychological
9 evaluation to determine if the minor is a risk to himself,
10 herself, or others. Upon receipt of the psychological
11 evaluation, the court shall review the determination
12 regarding the existence of urgent and immediate necessity.
13 The court shall consider the psychological evaluation in
14 conjunction with the other factors identified in subdivision
15 (2) of Section 5-501 of this Act in order to make a de novo
16 determination regarding whether it is a matter of immediate
17 and urgent necessity for the protection of the minor or of
18 the person or property of another that the minor be detained
19 or placed in a shelter care facility. In addition to the
20 pre-trial conditions found in Section 5-505 of this Act, the
21 court may order the minor to receive counseling and any other
22 services recommended by the psychological evaluation as a
23 condition for release of the minor.
24 (c) Upon making a determination that the student
25 presents a risk to himself, herself, or others, the court
26 shall issue an order restraining the student from entering
27 the property of the school if he or she has been suspended or
28 expelled from the school as a result of possessing a firearm.
29 The order shall restrain the student from entering the school
30 and school owned or leased property, including any conveyance
31 owned, leased, or contracted by the school to transport
32 students to or from school or a school-related activity. The
33 order shall remain in effect until such time as the court
34 determines that the student no longer presents a risk to
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1 himself, herself, or others.
2 (d) Psychological evaluations ordered pursuant to
3 subsection (b) of this Section and statements made by the
4 minor during the course of these evaluations, shall not be
5 admissible on the issue of delinquency during the course of
6 any adjudicatory hearing held under this Act.
7 (e) In this Section:
8 "School" means any public or private elementary or
9 secondary school.
10 "School grounds" includes the real property comprising
11 any school, any conveyance owned, leased, or contracted by a
12 school to transport students to or from school or a
13 school-related activity, or any public way within 1,000 feet
14 of the real property comprising any school.
15 (Source: P.A. 91-11, eff. 6-4-99.)
16 (705 ILCS 405/5-415)
17 Sec. 5-415. Setting of detention or shelter care
18 hearing; release.
19 (1) Unless sooner released, a minor alleged to be a
20 delinquent minor taken into temporary custody must be brought
21 before a judicial officer within 40 hours for a detention or
22 shelter care hearing to determine whether he or she shall be
23 further held in custody. If a minor alleged to be a
24 delinquent minor taken into custody is hospitalized or is
25 receiving treatment for a physical or mental condition, and
26 is unable to be brought before a judicial officer for a
27 detention or shelter care hearing, the 40 hour period will
28 not commence until the minor is released from the hospital or
29 place of treatment. If the minor gives false information to
30 law enforcement officials regarding the minor's identity or
31 age, the 40 hour period will not commence until the court
32 rules that the minor is subject to this Act and not subject
33 to prosecution under the Criminal Code of 1961. Any other
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1 delay attributable to a minor alleged to be a delinquent
2 minor who is taken into temporary custody shall act to toll
3 the 40 hour time period. In all cases, the 40 hour time
4 period is exclusive of Saturdays, Sundays and
5 court-designated holidays.
6 (2) If the State's Attorney or probation officer (or
7 other public officer designated by the court in a county
8 having more than 3,000,000 inhabitants) determines that the
9 minor should be retained in custody, he or she shall cause a
10 petition to be filed as provided in Section 5-520 of this
11 Article, and the clerk of the court shall set the matter for
12 hearing on the detention or shelter care hearing calendar.
13 When a parent, legal guardian, custodian, or responsible
14 relative is present and so requests, the detention or shelter
15 care hearing shall be held immediately if the court is in
16 session and the State is ready to proceed, otherwise at the
17 earliest feasible time. The probation officer or such other
18 public officer designated by the court in a county having
19 more than 3,000,000 inhabitants shall notify the minor's
20 parent, legal guardian, custodian, or responsible relative of
21 the time and place of the hearing. The notice may be given
22 orally.
23 (3) The minor must be released from custody at the
24 expiration of the 40 hour period specified by this Section if
25 not brought before a judicial officer within that period.
26 (4) After the initial 40 hour period has lapsed, the
27 court may review the minor's custodial status at any time
28 prior to the trial or sentencing hearing. If during this
29 time period new or additional information becomes available
30 concerning the minor's conduct, the court may conduct a
31 hearing to determine whether the minor should be placed in a
32 detention or shelter care facility. If the court finds that
33 there is probable cause that the minor is a delinquent minor
34 and that it is a matter of immediate and urgent necessity for
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1 the protection of the minor or of the person or property of
2 another, or that he or she is likely to flee the jurisdiction
3 of the court, the court may order that the minor be placed in
4 detention or shelter care.
5 (Source: P.A. 90-590, eff. 1-1-99.)
6 PART 5. PRETRIAL PROCEEDINGS
7 (705 ILCS 405/5-501)
8 Sec. 5-501. Detention or shelter care hearing. At the
9 appearance of the minor before the court at the detention or
10 shelter care hearing, the court shall receive all relevant
11 information and evidence, including affidavits concerning the
12 allegations made in the petition. Evidence used by the court
13 in its findings or stated in or offered in connection with
14 this Section may be by way of proffer based on reliable
15 information offered by the State or minor. All evidence
16 shall be admissible if it is relevant and reliable regardless
17 of whether it would be admissible under the rules of evidence
18 applicable at a trial. No hearing may be held unless the
19 minor is represented by counsel.
20 (1) If the court finds that there is not probable cause
21 to believe that the minor is a delinquent minor it shall
22 release the minor and dismiss the petition.
23 (2) If the court finds that there is probable cause to
24 believe that the minor is a delinquent minor, the minor, his
25 or her parent, guardian, custodian and other persons able to
26 give relevant testimony may be examined before the court.
27 The court may also consider any evidence by way of proffer
28 based upon reliable information offered by the State or the
29 minor. All evidence, including affidavits, shall be
30 admissible if it is relevant and reliable regardless of
31 whether it would be admissible under the rules of evidence
32 applicable at trial. After such evidence is presented, the
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1 court may enter an order that the minor shall be released
2 upon the request of a parent, guardian or legal custodian if
3 the parent, guardian or custodian appears to take custody.
4 If the court finds that it is a matter of immediate and
5 urgent necessity for the protection of the minor or of the
6 person or property of another that the minor be detained or
7 placed in a shelter care facility or that he or she is likely
8 to flee the jurisdiction of the court, the court may
9 prescribe detention or shelter care and order that the minor
10 be kept in a suitable place designated by the court or in a
11 shelter care facility designated by the Department of
12 Children and Family Services or a licensed child welfare
13 agency; otherwise it shall release the minor from custody. If
14 the court prescribes shelter care, then in placing the minor,
15 the Department or other agency shall, to the extent
16 compatible with the court's order, comply with Section 7 of
17 the Children and Family Services Act. In making the
18 determination of the existence of immediate and urgent
19 necessity, the court shall consider among other matters: (a)
20 the nature and seriousness of the alleged offense; (b) the
21 minor's record of delinquency offenses, including whether the
22 minor has delinquency cases pending; (c) the minor's record
23 of willful failure to appear following the issuance of a
24 summons or warrant; (d) the availability of non-custodial
25 alternatives, including the presence of a parent, guardian or
26 other responsible relative able and willing to provide
27 supervision and care for the minor and to assure his or her
28 compliance with a summons. If the minor is ordered placed in
29 a shelter care facility of a licensed child welfare agency,
30 the court shall, upon request of the agency, appoint the
31 appropriate agency executive temporary custodian of the minor
32 and the court may enter such other orders related to the
33 temporary custody of the minor as it deems fit and proper.
34 The order together with the court's findings of fact in
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1 support of the order shall be entered of record in the court.
2 Once the court finds that it is a matter of immediate and
3 urgent necessity for the protection of the minor that the
4 minor be placed in a shelter care facility, the minor shall
5 not be returned to the parent, custodian or guardian until
6 the court finds that the placement is no longer necessary for
7 the protection of the minor.
8 (3) Only when there is reasonable cause to believe that
9 the minor taken into custody is a delinquent minor may the
10 minor be kept or detained in a facility authorized for
11 juvenile detention. This Section shall in no way be
12 construed to limit subsection (4).
13 (4) Minors 12 years of age or older must be kept
14 separate from confined adults and may not at any time be kept
15 in the same cell, room or yard with confined adults. This
16 paragraph (4):
17 (a) shall only apply to confinement pending an
18 adjudicatory hearing and shall not exceed 40 hours,
19 excluding Saturdays, Sundays, and court designated
20 holidays. To accept or hold minors during this time
21 period, county jails shall comply with all monitoring
22 standards for juvenile detention homes promulgated by the
23 Department of Corrections and training standards approved
24 by the Illinois Law Enforcement Training Standards Board.
25 (b) To accept or hold minors, 12 years of age or
26 older, after the time period prescribed in clause (a) of
27 subsection (4) of this Section but not exceeding 7 days
28 including Saturdays, Sundays, and holidays, pending an
29 adjudicatory hearing, county jails shall comply with all
30 temporary detention standards promulgated by the
31 Department of Corrections and training standards approved
32 by the Illinois Law Enforcement Training Standards Board.
33 (c) To accept or hold minors 12 years of age or
34 older, after the time period prescribed in clause (a) and
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1 (b), of this subsection county jails shall comply with
2 all programmatic and training standards for juvenile
3 detention homes promulgated by the Department of
4 Corrections.
5 (5) If the minor is not brought before a judicial
6 officer within the time period as specified in Section 5-415
7 the minor must immediately be released from custody.
8 (6) If neither the parent, guardian or legal custodian
9 appears within 24 hours to take custody of a minor released
10 from detention or shelter care, then the clerk of the court
11 shall set the matter for rehearing not later than 7 days
12 after the original order and shall issue a summons directed
13 to the parent, guardian or legal custodian to appear. At the
14 same time the probation department shall prepare a report on
15 the minor. If a parent, guardian or legal custodian does not
16 appear at such rehearing, the judge may enter an order
17 prescribing that the minor be kept in a suitable place
18 designated by the Department of Human Services or a licensed
19 child welfare agency. The time during which a minor is in
20 custody after being released upon the request of a parent,
21 guardian or legal custodian shall be considered as time spent
22 in detention for purposes of scheduling the trial.
23 (7) Any party, including the State, the temporary
24 custodian, an agency providing services to the minor or
25 family under a service plan pursuant to Section 8.2 of the
26 Abused and Neglected Child Reporting Act, foster parent, or
27 any of their representatives, may file a motion to modify or
28 vacate a temporary custody order or vacate a detention or
29 shelter care order on any of the following grounds:
30 (a) It is no longer a matter of immediate and
31 urgent necessity that the minor remain in detention or
32 shelter care; or
33 (b) There is a material change in the circumstances
34 of the natural family from which the minor was removed;
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1 or
2 (c) A person, including a parent, relative or legal
3 guardian, is capable of assuming temporary custody of the
4 minor; or
5 (d) Services provided by the Department of Children
6 and Family Services or a child welfare agency or other
7 service provider have been successful in eliminating the
8 need for temporary custody.
9 The clerk shall set the matter for hearing not later than
10 14 days after such motion is filed. In the event that the
11 court modifies or vacates a temporary order but does not
12 vacate its finding of probable cause, the court may order
13 that appropriate services be continued or initiated in behalf
14 of the minor and his or her family.
15 (8) Whenever a petition has been filed under Section
16 5-520 the court can, at any time prior to trial or
17 sentencing, order that the minor be placed in detention or a
18 shelter care facility after the court conducts a hearing and
19 finds that the conduct and behavior of the minor may endanger
20 the health, person, welfare, or property of himself or others
21 or that the circumstances of his or her home environment may
22 endanger his or her health, person, welfare or property.
23 (Source: P.A. 90-590, eff. 1-1-99.)
24 (705 ILCS 405/5-505)
25 Sec. 5-505. Pre-trial conditions order.
26 (1) If a minor is charged with the commission of a
27 delinquent act, at any appearance of the minor before the
28 court prior to trial, the court may conduct a hearing to
29 determine whether the minor should be required to do any of
30 the following:
31 (a) not violate any criminal statute of any
32 jurisdiction;
33 (b) make a report to and appear in person before
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1 any person or agency as directed by the court;
2 (c) refrain from possessing a firearm or other
3 dangerous weapon, or an automobile;
4 (d) reside with his or her parents or in a foster
5 home;
6 (e) attend school;
7 (f) attend a non-residential program for youth;
8 (g) comply with curfew requirements as designated
9 by the court;
10 (h) refrain from entering into a designated
11 geographic area except upon terms as the court finds
12 appropriate. The terms may include consideration of the
13 purpose of the entry, the time of day, other persons
14 accompanying the minor, advance approval by the court,
15 and any other terms the court may deem appropriate;
16 (i) refrain from having any contact, directly or
17 indirectly, with certain specified persons or particular
18 types of persons, including but not limited to members of
19 street gangs and drug users or dealers;
20 (j) comply with any other conditions as may be
21 ordered by the court.
22 No hearing may be held unless the minor is represented by
23 counsel. If the court determines that there is probable
24 cause to believe the minor is a delinquent minor and that it
25 is in the best interests of the minor that the court impose
26 any or all of the conditions listed in paragraphs (a) through
27 (j) of this subsection (1), then the court shall order the
28 minor to abide by all of the conditions ordered by the court.
29 (2) If the court issues a pre-trial conditions order as
30 provided in subsection (1), the court shall inform the minor
31 and provide a copy of the pre-trial conditions order
32 effective under this Section.
33 (3) The provisions of the pre-trial conditions order
34 issued under this Section may be continued through the
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1 sentencing hearing if the court deems the action reasonable
2 and necessary. Nothing in this Section shall preclude the
3 minor from applying to the court at any time for modification
4 or dismissal of the order or the State's Attorney from
5 applying to the court at any time for additional provisions
6 under the pre-trial conditions order, modification of the
7 order, or dismissal of the order.
8 (Source: P.A. 90-590, eff. 1-1-99.)
9 (705 ILCS 405/5-510)
10 Sec. 5-510. Restraining order against juvenile.
11 (1) If a minor is charged with the commission of a
12 delinquent act, the court may conduct a hearing to determine
13 whether an order shall be issued against the minor
14 restraining the minor from harassing, molesting,
15 intimidating, retaliating against, or tampering with a
16 witness to or a victim of the delinquent act charged. No
17 hearing may be held unless the minor is represented by
18 counsel. If the court determines that there is probable
19 cause to believe that the minor is a delinquent minor and
20 that it is a matter of immediate and urgent necessity for the
21 protection of a witness to or a victim of the delinquent act
22 charged against the minor, the court may issue a restraining
23 order against the minor restraining the minor from harassing,
24 molesting, intimidating, retaliating against, or tampering
25 with the witness or victim. The order together with the
26 court's finding of fact in support of the order shall be
27 entered of record in the court.
28 (2) If the court issues a restraining order as provided
29 in subsection (1), the court shall inform the minor of the
30 restraining order effective under this Section.
31 (3) The provisions of the restraining order issued under
32 this Section may be continued by the court after the
33 sentencing hearing if the court deems the action reasonable
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1 and necessary. Nothing in this Section shall preclude the
2 minor from applying to the court at any time for modification
3 or dismissal of the order or the State's Attorney from
4 applying to the court at any time for additional provisions
5 under the restraining order, modification of the order, or
6 dismissal of the order.
7 (Source: P.A. 90-590, eff. 1-1-99.)
8 (705 ILCS 405/5-515)
9 Sec. 5-515. Medical and dental treatment and care. At
10 all times during temporary custody, detention or shelter
11 care, the court may authorize a physician, a hospital or any
12 other appropriate health care provider to provide medical,
13 dental or surgical procedures if those procedures are
14 necessary to safeguard the minor's life or health. If the
15 minor is covered under an existing medical or dental plan,
16 the county shall be reimbursed for the expenses incurred for
17 such services as if the minor were not held in temporary
18 custody, detention, or shelter care.
19 (Source: P.A. 90-590, eff. 1-1-99.)
20 (705 ILCS 405/5-520)
21 Sec. 5-520. Petition; supplemental petitions.
22 (1) The State's Attorney may file, or the court on its
23 own motion may direct the filing through the State's Attorney
24 of, a petition in respect to a minor under this Act. The
25 petition and all subsequent court documents shall be entitled
26 "In the interest of ...., a minor".
27 (2) The petition shall be verified but the statements
28 may be made upon information and belief. It shall allege
29 that the minor is delinquent and set forth (a) facts
30 sufficient to bring the minor under Section 5-120; (b) the
31 name, age and residence of the minor; (c) the names and
32 residences of his parents; (d) the name and residence of his
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1 or her guardian or legal custodian or the person or persons
2 having custody or control of the minor, or of the nearest
3 known relative if no parent, guardian or legal custodian can
4 be found; and (e) if the minor upon whose behalf the
5 petition is brought is detained or sheltered in custody, the
6 date on which detention or shelter care was ordered by the
7 court or the date set for a detention or shelter care
8 hearing. If any of the facts required by this subsection (2)
9 are not known by the petitioner, the petition shall so state.
10 (3) The petition must pray that the minor be adjudged a
11 ward of the court and may pray generally for relief available
12 under this Act. The petition need not specify any proposed
13 disposition following adjudication of wardship.
14 (4) At any time before dismissal of the petition or
15 before final closing and discharge under Section 5-750, one
16 or more supplemental petitions may be filed (i) alleging new
17 offenses or (ii) alleging violations of orders entered by the
18 court in the delinquency proceeding.
19 (Source: P.A. 90-590, eff. 1-1-99.)
20 (705 ILCS 405/5-525)
21 Sec. 5-525. Service.
22 (1) Service by summons.
23 (a) Upon the commencement of a delinquency
24 prosecution, the clerk of the court shall issue a summons
25 with a copy of the petition attached. The summons shall
26 be directed to the minor's parent, guardian or legal
27 custodian and to each person named as a respondent in the
28 petition, except that summons need not be directed (i) to
29 a minor respondent under 8 years of age for whom the
30 court appoints a guardian ad litem if the guardian ad
31 litem appears on behalf of the minor in any proceeding
32 under this Act, or (ii) to a parent who does not reside
33 with the minor, does not make regular child support
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1 payments to the minor, to the minor's other parent, or to
2 the minor's legal guardian or custodian pursuant to a
3 support order, and has not communicated with the minor on
4 a regular basis.
5 (b) The summons must contain a statement that the
6 minor is entitled to have an attorney present at the
7 hearing on the petition, and that the clerk of the court
8 should be notified promptly if the minor desires to be
9 represented by an attorney but is financially unable to
10 employ counsel.
11 (c) The summons shall be issued under the seal of
12 the court, attested in and signed with the name of the
13 clerk of the court, dated on the day it is issued, and
14 shall require each respondent to appear and answer the
15 petition on the date set for the adjudicatory hearing.
16 (d) The summons may be served by any law
17 enforcement officer, coroner or probation officer, even
18 though the officer is the petitioner. The return of the
19 summons with endorsement of service by the officer is
20 sufficient proof of service.
21 (e) Service of a summons and petition shall be made
22 by: (i) leaving a copy of the summons and petition with
23 the person summoned at least 3 days before the time
24 stated in the summons for appearance; (ii) leaving a
25 copy at his or her usual place of abode with some person
26 of the family, of the age of 10 years or upwards, and
27 informing that person of the contents of the summons and
28 petition, provided, the officer or other person making
29 service shall also send a copy of the summons in a sealed
30 envelope with postage fully prepaid, addressed to the
31 person summoned at his or her usual place of abode, at
32 least 3 days before the time stated in the summons for
33 appearance; or (iii) leaving a copy of the summons and
34 petition with the guardian or custodian of a minor, at
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1 least 3 days before the time stated in the summons for
2 appearance. If the guardian or legal custodian is an
3 agency of the State of Illinois, proper service may be
4 made by leaving a copy of the summons and petition with
5 any administrative employee of the agency designated by
6 the agency to accept the service of summons and
7 petitions. The certificate of the officer or affidavit
8 of the person that he or she has sent the copy pursuant
9 to this Section is sufficient proof of service.
10 (f) When a parent or other person, who has signed a
11 written promise to appear and bring the minor to court or
12 who has waived or acknowledged service, fails to appear
13 with the minor on the date set by the court, a bench
14 warrant may be issued for the parent or other person, the
15 minor, or both.
16 (2) Service by certified mail or publication.
17 (a) If service on individuals as provided in
18 subsection (1) is not made on any respondent within a
19 reasonable time or if it appears that any respondent
20 resides outside the State, service may be made by
21 certified mail. In that case the clerk shall mail the
22 summons and a copy of the petition to that respondent by
23 certified mail marked for delivery to addressee only.
24 The court shall not proceed with the adjudicatory hearing
25 until 5 days after the mailing. The regular return
26 receipt for certified mail is sufficient proof of
27 service.
28 (b) If service upon individuals as provided in
29 subsection (1) is not made on any respondents within a
30 reasonable time or if any person is made a respondent
31 under the designation of "All Whom It May Concern", or if
32 service cannot be made because the whereabouts of a
33 respondent are unknown, service may be made by
34 publication. The clerk of the court as soon as possible
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1 shall cause publication to be made once in a newspaper of
2 general circulation in the county where the action is
3 pending. Service by publication is not required in any
4 case when the person alleged to have legal custody of the
5 minor has been served with summons personally or by
6 certified mail, but the court may not enter any order or
7 judgment against any person who cannot be served with
8 process other than by publication unless service by
9 publication is given or unless that person appears.
10 Failure to provide service by publication to a
11 non-custodial parent whose whereabouts are unknown shall
12 not deprive the court of jurisdiction to proceed with a
13 trial or a plea of delinquency by the minor. When a
14 minor has been detained or sheltered under Section 5-501
15 of this Act and summons has not been served personally or
16 by certified mail within 20 days from the date of the
17 order of court directing such detention or shelter care,
18 the clerk of the court shall cause publication. Service
19 by publication shall be substantially as follows:
20 "A, B, C, D, (here giving the names of the
21 named respondents, if any) and to All Whom It May
22 Concern (if there is any respondent under that
23 designation):
24 Take notice that on (insert date) a petition
25 was filed under the Juvenile Court Act of 1987 by
26 .... in the circuit court of .... county entitled
27 'In the interest of ...., a minor', and that in ....
28 courtroom at .... on (insert date) at the hour of
29 ...., or as soon thereafter as this cause may be
30 heard, an adjudicatory hearing will be held upon the
31 petition to have the child declared to be a ward of
32 the court under that Act. The court has authority
33 in this proceeding to take from you the custody and
34 guardianship of the minor.
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1 Now, unless you appear at the hearing and show
2 cause against the petition, the allegations of the
3 petition may stand admitted as against you and each
4 of you, and an order or judgment entered.
5 ........................................
6 Clerk
7 Dated (insert the date of publication)"
8 (c) The clerk shall also at the time of the
9 publication of the notice send a copy of the notice by
10 mail to each of the respondents on account of whom
11 publication is made at his or her last known address.
12 The certificate of the clerk that he or she has mailed
13 the notice is evidence of that mailing. No other
14 publication notice is required. Every respondent
15 notified by publication under this Section must appear
16 and answer in open court at the hearing. The court may
17 not proceed with the adjudicatory hearing until 10 days
18 after service by publication on any custodial parent,
19 guardian or legal custodian of a minor alleged to be
20 delinquent.
21 (d) If it becomes necessary to change the date set
22 for the hearing in order to comply with this Section,
23 notice of the resetting of the date must be given, by
24 certified mail or other reasonable means, to each
25 respondent who has been served with summons personally or
26 by certified mail.
27 (3) Once jurisdiction has been established over a
28 party, further service is not required and notice of any
29 subsequent proceedings in that prosecution shall be made
30 in accordance with provisions of Section 5-530.
31 (4) The appearance of the minor's parent, guardian
32 or legal custodian, or a person named as a respondent in
33 a petition, in any proceeding under this Act shall
34 constitute a waiver of service and submission to the
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1 jurisdiction of the court. A copy of the petition shall
2 be provided to the person at the time of his or her
3 appearance.
4 (Source: P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.)
5 (705 ILCS 405/5-530)
6 Sec. 5-530. Notice.
7 (1) A party presenting a supplemental or amended
8 petition or motion to the court shall provide the other
9 parties with a copy of any supplemental or amended petition,
10 motion or accompanying affidavit not yet served upon that
11 party, and shall file proof of that service, in accordance
12 with subsections (2), (3), and (4) of this Section. Written
13 notice of the date, time and place of the hearing, shall be
14 provided to all parties in accordance with local court rules.
15 (2) (a) On whom made. If a party is represented by an
16 attorney of record, service shall be made upon the attorney.
17 Otherwise service shall be made upon the party.
18 (b) Method. Papers shall be served as follows:
19 (1) by delivering them to the attorney or
20 party personally;
21 (2) by leaving them in the office of the
22 attorney with his or her clerk, or with a person in
23 charge of the office; or if a party is not
24 represented by counsel, by leaving them at his or
25 her residence with a family member of the age of 10
26 years or upwards;
27 (3) by depositing them in the United States
28 post office or post-office box enclosed in an
29 envelope, plainly addressed to the attorney at his
30 or her business address, or to the party at his or
31 her business address or residence, with postage
32 fully pre-paid; or
33 (4) by transmitting them via facsimile machine
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1 to the office of the attorney or party, who has
2 consented to receiving service by facsimile
3 transmission. Briefs filed in reviewing courts shall
4 be served in accordance with Supreme Court Rule.
5 (i) A party or attorney electing to serve
6 pleading by facsimile must include on the
7 certificate of service transmitted the
8 telephone number of the sender's facsimile
9 transmitting device. Use of service by
10 facsimile shall be deemed consent by that party
11 or attorney to receive service by facsimile
12 transmission. Any party may rescind consent of
13 service by facsimile transmission in a case by
14 filing with the court and serving a notice on
15 all parties or their attorneys who have filed
16 appearances that facsimile service will not be
17 accepted. A party or attorney who has rescinded
18 consent to service by facsimile transmission in
19 a case may not serve another party or attorney
20 by facsimile transmission in that case.
21 (ii) Each page of notices and documents
22 transmitted by facsimile pursuant to this rule
23 should bear the circuit court number, the title
24 of the document, and the page number.
25 (c) Multiple parties or attorneys. In cases in
26 which there are 2 or more minor-respondents who appear by
27 different attorneys, service on all papers shall be made
28 on the attorney for each of the parties. If one attorney
29 appears for several parties, he or she is entitled to
30 only one copy of any paper served upon him or her by the
31 opposite side. When more than one attorney appears for a
32 party, service of a copy upon one of them is sufficient.
33 (3)(a) Filing. When service of a paper is required,
34 proof of service shall be filed with the clerk.
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1 (b) Manner of Proof. Service is proved:
2 (i) by written acknowledgement signed by the
3 person served;
4 (ii) in case of service by personal delivery,
5 by certificate of the attorney, or affidavit of a
6 person, other that an attorney, who made delivery;
7 (iii) in case of service by mail, by
8 certificate of the attorney, or affidavit of a
9 person other than the attorney, who deposited the
10 paper in the mail, stating the time and place of
11 mailing, the complete address which appeared on the
12 envelope, and the fact that proper postage was
13 pre-paid; or
14 (iv) in case of service by facsimile
15 transmission, by certificate of the attorney or
16 affidavit of a person other than the attorney, who
17 transmitted the paper via facsimile machine, stating
18 the time and place of transmission, the telephone
19 number to which the transmission was sent and the
20 number of pages transmitted.
21 (c) Effective date of service by mail. Service by
22 mail is complete 4 days after mailing.
23 (d) Effective date of service by facsimile
24 transmission. Service by facsimile machine is complete on
25 the first court day following transmission.
26 (Source: P.A. 90-590, eff. 1-1-99.)
27 PART 6. TRIAL
28 (705 ILCS 405/5-601)
29 Sec. 5-601. Trial.
30 (1) When a petition has been filed alleging that the
31 minor is a delinquent, a trial must be held within 120 days
32 of a written demand for such hearing made by any party,
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1 except that when the State, without success, has exercised
2 due diligence to obtain evidence material to the case and
3 there are reasonable grounds to believe that the evidence may
4 be obtained at a later date, the court may, upon motion by
5 the State, continue the trial for not more than 30 additional
6 days.
7 (2) If a minor respondent has multiple delinquency
8 petitions pending against him or her in the same county and
9 simultaneously demands a trial upon more than one delinquency
10 petition pending against him or her in the same county, he or
11 she shall receive a trial or have a finding, after waiver of
12 trial, upon at least one such petition before expiration
13 relative to any of the pending petitions of the period
14 described by this Section. All remaining petitions thus
15 pending against the minor respondent shall be adjudicated
16 within 160 days from the date on which a finding relative to
17 the first petition prosecuted is rendered under Section 5-620
18 of this Article, or, if the trial upon the first petition is
19 terminated without a finding and there is no subsequent
20 trial, or adjudication after waiver of trial, on the first
21 petition within a reasonable time, the minor shall receive a
22 trial upon all of the remaining petitions within 160 days
23 from the date on which the trial, or finding after waiver of
24 trial, on the first petition is concluded. If either such
25 period of 160 days expires without the commencement of trial,
26 or adjudication after waiver of trial, of any of the
27 remaining pending petitions, the petition or petitions shall
28 be dismissed and barred for want of prosecution unless the
29 delay is occasioned by any of the reasons described in this
30 Section.
31 (3) When no such trial is held within the time required
32 by subsections (1) and (2) of this Section, the court shall,
33 upon motion by any party, dismiss the petition with
34 prejudice.
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1 (4) Without affecting the applicability of the tolling
2 and multiple prosecution provisions of subsections (8) and
3 (2) of this Section when a petition has been filed alleging
4 that the minor is a delinquent and the minor is in detention
5 or shelter care, the trial shall be held within 30 calendar
6 days after the date of the order directing detention or
7 shelter care, or the earliest possible date in compliance
8 with the provisions of Section 5-525 as to the custodial
9 parent, guardian or legal custodian, but no later than 45
10 calendar days from the date of the order of the court
11 directing detention or shelter care. When the petition
12 alleges the minor has committed an offense involving a
13 controlled substance as defined in the Illinois Controlled
14 Substances Act, the court may, upon motion of the State,
15 continue the trial for receipt of a confirmatory laboratory
16 report for up to 45 days after the date of the order
17 directing detention or shelter care. When the petition
18 alleges the minor committed an offense that involves the
19 death of, great bodily harm to or sexual assault or
20 aggravated criminal sexual abuse on a victim, the court may,
21 upon motion of the State, continue the trial for not more
22 than 70 calendar days after the date of the order directing
23 detention or shelter care.
24 Any failure to comply with the time limits of this
25 Section shall require the immediate release of the minor from
26 detention, and the time limits set forth in subsections (1)
27 and (2) shall apply.
28 (5) If the court determines that the State, without
29 success, has exercised due diligence to obtain the results of
30 DNA testing that is material to the case, and that there are
31 reasonable grounds to believe that the results may be
32 obtained at a later date, the court may continue the cause on
33 application of the State for not more than 120 additional
34 days. The court may also extend the period of detention of
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1 the minor for not more than 120 additional days.
2 (6) If the State's Attorney makes a written request that
3 a proceeding be designated an extended juvenile jurisdiction
4 prosecution, and the minor is in detention, the period the
5 minor can be held in detention pursuant to subsection (4),
6 shall be extended an additional 30 days after the court
7 determines whether the proceeding will be designated an
8 extended juvenile jurisdiction prosecution or the State's
9 Attorney withdraws the request for extended juvenile
10 jurisdiction prosecution.
11 (7) When the State's Attorney files a motion for waiver
12 of jurisdiction pursuant to Section 5-805, and the minor is
13 in detention, the period the minor can be held in detention
14 pursuant to subsection (4), shall be extended an additional
15 30 days if the court denies motion for waiver of jurisdiction
16 or the State's Attorney withdraws the motion for waiver of
17 jurisdiction.
18 (8) The period in which a trial shall be held as
19 prescribed by subsections (1), (2), (3), (4), (5), (6), or
20 (7) of this Section is tolled by: (i) delay occasioned by the
21 minor; (ii) a continuance allowed pursuant to Section 114-4
22 of the Code of Criminal Procedure of 1963 after the court's
23 determination of the minor's incapacity for trial; (iii) an
24 interlocutory appeal; (iv) an examination of fitness ordered
25 pursuant to Section 104-13 of the Code of Criminal Procedure
26 of 1963; (v) a fitness hearing; or (vi) an adjudication of
27 unfitness for trial. Any such delay shall temporarily
28 suspend, for the time of the delay, the period within which a
29 trial must be held as prescribed by subsections (1), (2),
30 (4), (5), and (6) of this Section. On the day of expiration
31 of the delays the period shall continue at the point at which
32 the time was suspended.
33 (9) Nothing in this Section prevents the minor or the
34 minor's parents, guardian or legal custodian from exercising
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1 their respective rights to waive the time limits set forth in
2 this Section.
3 (Source: P.A. 90-590, eff. 1-1-99.)
4 (705 ILCS 405/5-605)
5 Sec. 5-605. Trials, pleas, guilty but mentally ill and
6 not guilty by reason of insanity.
7 (1) Method of trial. All delinquency proceedings shall
8 be heard by the court except those proceedings under this Act
9 where the right to trial by jury is specifically set forth.
10 At any time a minor may waive his or her right to trial by
11 jury.
12 (2) Pleas of guilty and guilty but mentally ill.
13 (a) Before or during trial, a plea of guilty may be
14 accepted when the court has informed the minor of the
15 consequences of his or her plea and of the maximum
16 penalty provided by law which may be imposed upon
17 acceptance of the plea. Upon acceptance of a plea of
18 guilty, the court shall determine the factual basis of a
19 plea.
20 (b) Before or during trial, a plea of guilty but
21 mentally ill may be accepted by the court when:
22 (i) the minor has undergone an examination by
23 a clinical psychologist or psychiatrist and has
24 waived his or her right to trial; and
25 (ii) the judge has examined the psychiatric or
26 psychological report or reports; and
27 (iii) the judge has held a hearing, at which
28 either party may present evidence, on the issue of
29 the minor's mental health and, at the conclusion of
30 the hearing, is satisfied that there is a factual
31 basis that the minor was mentally ill at the time of
32 the offense to which the plea is entered.
33 (3) Trial by the court.
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1 (a) A trial shall be conducted in the presence of
2 the minor unless he or she waives the right to be
3 present. At the trial, the court shall consider the
4 question whether the minor is delinquent. The standard
5 of proof and the rules of evidence in the nature of
6 criminal proceedings in this State are applicable to that
7 consideration.
8 (b) Upon conclusion of the trial the court shall
9 enter a general finding, except that, when the
10 affirmative defense of insanity has been presented during
11 the trial and acquittal is based solely upon the defense
12 of insanity, the court shall enter a finding of not
13 guilty by reason of insanity. In the event of a finding
14 of not guilty by reason of insanity, a hearing shall be
15 held pursuant to the Mental Health and Developmental
16 Disabilities Code to determine whether the minor is
17 subject to involuntary admission.
18 (c) When the minor has asserted a defense of
19 insanity, the court may find the minor guilty but
20 mentally ill if, after hearing all of the evidence, the
21 court finds that:
22 (i) the State has proven beyond a reasonable
23 doubt that the minor is guilty of the offense
24 charged; and
25 (ii) the minor has failed to prove his or her
26 insanity as required in subsection (b) of Section
27 3-2 of the Criminal Code of 1961, and subsections
28 (a), (b) and (e) of Section 6-2 of the Criminal Code
29 of 1961; and
30 (iii) the minor has proven by a preponderance
31 of the evidence that he was mentally ill, as defined
32 in subsections (c) and (d) of Section 6-2 of the
33 Criminal Code of 1961 at the time of the offense.
34 (4) Trial by court and jury.
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1 (a) Questions of law shall be decided by the court
2 and questions of fact by the jury.
3 (b) The jury shall consist of 12 members.
4 (c) Upon request the parties shall be furnished
5 with a list of prospective jurors with their addresses if
6 known.
7 (d) Each party may challenge jurors for cause. If
8 a prospective juror has a physical impairment, the court
9 shall consider the prospective juror's ability to
10 perceive and appreciate the evidence when considering a
11 challenge for cause.
12 (e) A minor tried alone shall be allowed 7
13 peremptory challenges; except that, in a single trial of
14 more than one minor, each minor shall be allowed 5
15 peremptory challenges. If several charges against a
16 minor or minors are consolidated for trial, each minor
17 shall be allowed peremptory challenges upon one charge
18 only, which single charge shall be the charge against
19 that minor authorizing the greatest maximum penalty. The
20 State shall be allowed the same number of peremptory
21 challenges as all of the minors.
22 (f) After examination by the court, the jurors may
23 be examined, passed upon, accepted and tendered by
24 opposing counsel as provided by Supreme Court Rules.
25 (g) After the jury is impaneled and sworn, the
26 court may direct the selection of 2 alternate jurors who
27 shall take the same oath as the regular jurors. Each
28 party shall have one additional peremptory challenge for
29 each alternate juror. If before the final submission of
30 a cause a member of the jury dies or is discharged, he or
31 she shall be replaced by an alternate juror in the order
32 of selection.
33 (h) A trial by the court and jury shall be
34 conducted in the presence of the minor unless he or she
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1 waives the right to be present.
2 (i) After arguments of counsel the court shall
3 instruct the jury as to the law.
4 (j) Unless the affirmative defense of insanity has
5 been presented during the trial, the jury shall return a
6 general verdict as to each offense charged. When the
7 affirmative defense of insanity has been presented during
8 the trial, the court shall provide the jury not only with
9 general verdict forms but also with a special verdict
10 form of not guilty by reason of insanity, as to each
11 offense charged, and in the event the court shall
12 separately instruct the jury that a special verdict of
13 not guilty by reason of insanity may be returned instead
14 of a general verdict but the special verdict requires a
15 unanimous finding by the jury that the minor committed
16 the acts charged but at the time of the commission of
17 those acts the minor was insane. In the event of a
18 verdict of not guilty by reason of insanity, a hearing
19 shall be held pursuant to the Mental Health and
20 Developmental Disabilities Code to determine whether the
21 minor is subject to involuntary admission. When the
22 affirmative defense of insanity has been presented during
23 the trial, the court, where warranted by the evidence,
24 shall also provide the jury with a special verdict form
25 of guilty but mentally ill, as to each offense charged
26 and shall separately instruct the jury that a special
27 verdict of guilty but mentally ill may be returned
28 instead of a general verdict, but that the special
29 verdict requires a unanimous finding by the jury that:
30 (i) the State has proven beyond a reasonable doubt that
31 the minor is guilty of the offense charged; and (ii) the
32 minor has failed to prove his or her insanity as required
33 in subsection (b) of Section 3-2 of the Criminal Code of
34 1961 and subsections (a), (b) and (e) of Section 6-2 of
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1 the Criminal Code of 1961; and (iii) the minor has proven
2 by a preponderance of the evidence that he or she was
3 mentally ill, as defined in subsections (c) and (d) of
4 Section 6-2 of the Criminal Code of 1961 at the time of
5 the offense.
6 (k) When, at the close of the State's evidence or
7 at the close of all of the evidence, the evidence is
8 insufficient to support a finding or verdict of guilty
9 the court may and on motion of the minor shall make a
10 finding or direct the jury to return a verdict of not
11 guilty, enter a judgment of acquittal and discharge the
12 minor.
13 (l) When the jury retires to consider its verdict,
14 an officer of the court shall be appointed to keep them
15 together and to prevent conversation between the jurors
16 and others; however, if any juror is deaf, the jury may
17 be accompanied by and may communicate with a
18 court-appointed interpreter during its deliberations.
19 Upon agreement between the State and minor or his or her
20 counsel, and the parties waive polling of the jury, the
21 jury may seal and deliver its verdict to the clerk of the
22 court, separate, and then return the verdict in open
23 court at its next session.
24 (m) In a trial, any juror who is a member of a
25 panel or jury which has been impaneled and sworn as a
26 panel or as a jury shall be permitted to separate from
27 other jurors during every period of adjournment to a
28 later day, until final submission of the cause to the
29 jury for determination, except that no such separation
30 shall be permitted in any trial after the court, upon
31 motion by the minor or the State or upon its own motion,
32 finds a probability that prejudice to the minor or to the
33 State will result from the separation.
34 (n) The members of the jury shall be entitled to
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1 take notes during the trial, and the sheriff of the
2 county in which the jury is sitting shall provide them
3 with writing materials for this purpose. The notes shall
4 remain confidential, and shall be destroyed by the
5 sheriff after the verdict has been returned or a mistrial
6 declared.
7 (o) A minor tried by the court and jury shall only
8 be found guilty, guilty but mentally ill, not guilty or
9 not guilty by reason of insanity, upon the unanimous
10 verdict of the jury.
11 (Source: P.A. 90-590, eff. 1-1-99.)
12 (705 ILCS 405/5-610)
13 Sec. 5-610. Guardian ad litem and appointment of
14 attorney.
15 (1) The court may appoint a guardian ad litem for the
16 minor whenever it finds that there may be a conflict of
17 interest between the minor and his or her parent, guardian or
18 legal custodian or that it is otherwise in the minor's
19 interest to do so.
20 (2) Unless the guardian ad litem is an attorney, he or
21 she shall be represented by counsel.
22 (3) The reasonable fees of a guardian ad litem appointed
23 under this Section shall be fixed by the court and charged to
24 the parents of the minor, to the extent they are able to pay.
25 If the parents are unable to pay those fees, they shall be
26 paid from the general fund of the county.
27 (4) If, during the court proceedings, the parents,
28 guardian, or legal custodian prove that he or she has an
29 actual conflict of interest with the minor in that
30 delinquency proceeding and that the parents, guardian, or
31 legal custodian are indigent, the court shall appoint a
32 separate attorney for that parent, guardian, or legal
33 custodian.
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1 (Source: P.A. 90-590, eff. 1-1-99.)
2 (705 ILCS 405/5-615)
3 Sec. 5-615. Continuance under supervision.
4 (1) The court may enter an order of continuance under
5 supervision for an offense other than first degree murder, a
6 Class X felony or a forcible felony (a) upon an admission or
7 stipulation by the appropriate respondent or minor respondent
8 of the facts supporting the petition and before proceeding to
9 adjudication, or after hearing the evidence at the trial, and
10 (b) in the absence of objection made in open court by the
11 minor, his or her parent, guardian, or legal custodian, the
12 minor's attorney or the State's Attorney.
13 (2) If the minor, his or her parent, guardian, or legal
14 custodian, the minor's attorney or State's Attorney objects
15 in open court to any continuance and insists upon proceeding
16 to findings and adjudication, the court shall so proceed.
17 (3) Nothing in this Section limits the power of the
18 court to order a continuance of the hearing for the
19 production of additional evidence or for any other proper
20 reason.
21 (4) When a hearing where a minor is alleged to be a
22 delinquent is continued pursuant to this Section, the period
23 of continuance under supervision may not exceed 24 months.
24 The court may terminate a continuance under supervision at
25 any time if warranted by the conduct of the minor and the
26 ends of justice.
27 (5) When a hearing where a minor is alleged to be
28 delinquent is continued pursuant to this Section, the court
29 may, as conditions of the continuance under supervision,
30 require the minor to do any of the following:
31 (a) not violate any criminal statute of any
32 jurisdiction;
33 (b) make a report to and appear in person before
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1 any person or agency as directed by the court;
2 (c) work or pursue a course of study or vocational
3 training;
4 (d) undergo medical or psychotherapeutic treatment
5 rendered by a therapist licensed under the provisions of
6 the Medical Practice Act of 1987, the Clinical
7 Psychologist Licensing Act, or the Clinical Social Work
8 and Social Work Practice Act, or an entity licensed by
9 the Department of Human Services as a successor to the
10 Department of Alcoholism and Substance Abuse, for the
11 provision of drug addiction and alcoholism treatment;
12 (e) attend or reside in a facility established for
13 the instruction or residence of persons on probation;
14 (f) support his or her dependents, if any;
15 (g) pay costs;
16 (h) refrain from possessing a firearm or other
17 dangerous weapon, or an automobile;
18 (i) permit the probation officer to visit him or
19 her at his or her home or elsewhere;
20 (j) reside with his or her parents or in a foster
21 home;
22 (k) attend school;
23 (l) attend a non-residential program for youth;
24 (m) contribute to his or her own support at home or
25 in a foster home;
26 (n) perform some reasonable public or community
27 service;
28 (o) make restitution to the victim, in the same
29 manner and under the same conditions as provided in
30 subsection (4) of Section 5-710, except that the
31 "sentencing hearing" referred to in that Section shall be
32 the adjudicatory hearing for purposes of this Section;
33 (p) comply with curfew requirements as designated
34 by the court;
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1 (q) refrain from entering into a designated
2 geographic area except upon terms as the court finds
3 appropriate. The terms may include consideration of the
4 purpose of the entry, the time of day, other persons
5 accompanying the minor, and advance approval by a
6 probation officer;
7 (r) refrain from having any contact, directly or
8 indirectly, with certain specified persons or particular
9 types of persons, including but not limited to members of
10 street gangs and drug users or dealers;
11 (r-5) undergo a medical or other procedure to have
12 a tattoo symbolizing allegiance to a street gang removed
13 from his or her body;
14 (s) refrain from having in his or her body the
15 presence of any illicit drug prohibited by the Cannabis
16 Control Act or the Illinois Controlled Substances Act,
17 unless prescribed by a physician, and submit samples of
18 his or her blood or urine or both for tests to determine
19 the presence of any illicit drug; or
20 (t) comply with any other conditions as may be
21 ordered by the court.
22 (6) A minor whose case is continued under supervision
23 under subsection (5) shall be given a certificate setting
24 forth the conditions imposed by the court. Those conditions
25 may be reduced, enlarged, or modified by the court on motion
26 of the probation officer or on its own motion, or that of the
27 State's Attorney, or, at the request of the minor after
28 notice and hearing.
29 (7) If a petition is filed charging a violation of a
30 condition of the continuance under supervision, the court
31 shall conduct a hearing. If the court finds that a condition
32 of supervision has not been fulfilled, the court may proceed
33 to findings and adjudication and disposition. The filing of
34 a petition for violation of a condition of the continuance
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1 under supervision shall toll the period of continuance under
2 supervision until the final determination of the charge, and
3 the term of the continuance under supervision shall not run
4 until the hearing and disposition of the petition for
5 violation; provided where the petition alleges conduct that
6 does not constitute a criminal offense, the hearing must be
7 held within 30 days of the filing of the petition unless a
8 delay shall continue the tolling of the period of continuance
9 under supervision for the period of the delay.
10 (8) When a hearing in which a minor is alleged to be a
11 delinquent for reasons that include a violation of Section
12 21-1.3 of the Criminal Code of 1961 is continued under this
13 Section, the court shall, as a condition of the continuance
14 under supervision, require the minor to perform community
15 service for not less than 30 and not more than 120 hours, if
16 community service is available in the jurisdiction. The
17 community service shall include, but need not be limited to,
18 the cleanup and repair of the damage that was caused by the
19 alleged violation or similar damage to property located in
20 the municipality or county in which the alleged violation
21 occurred. The condition may be in addition to any other
22 condition.
23 (9) When a hearing in which a minor is alleged to be a
24 delinquent is continued under this Section, the court, before
25 continuing the case, shall make a finding whether the offense
26 alleged to have been committed either: (i) was related to or
27 in furtherance of the activities of an organized gang or was
28 motivated by the minor's membership in or allegiance to an
29 organized gang, or (ii) is a violation of paragraph (13) of
30 subsection (a) of Section 12-2 of the Criminal Code of 1961,
31 a violation of any Section of Article 24 of the Criminal Code
32 of 1961, or a violation of any statute that involved the
33 unlawful use of a firearm. If the court determines the
34 question in the affirmative the court shall, as a condition
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1 of the continuance under supervision and as part of or in
2 addition to any other condition of the supervision, require
3 the minor to perform community service for not less than 30
4 hours, provided that community service is available in the
5 jurisdiction and is funded and approved by the county board
6 of the county where the offense was committed. The community
7 service shall include, but need not be limited to, the
8 cleanup and repair of any damage caused by an alleged
9 violation of Section 21-1.3 of the Criminal Code of 1961 and
10 similar damage to property located in the municipality or
11 county in which the alleged violation occurred. When
12 possible and reasonable, the community service shall be
13 performed in the minor's neighborhood. For the purposes of
14 this Section, "organized gang" has the meaning ascribed to it
15 in Section 10 of the Illinois Streetgang Terrorism Omnibus
16 Prevention Act.
17 (10) The court shall impose upon a minor placed on
18 supervision, as a condition of the supervision, a fee of $25
19 for each month of supervision ordered by the court, unless
20 after determining the inability of the minor placed on
21 supervision to pay the fee, the court assesses a lesser
22 amount. The court may not impose the fee on a minor who is
23 made a ward of the State under this Act while the minor is in
24 placement. The fee shall be imposed only upon a minor who is
25 actively supervised by the probation and court services
26 department. A court may order the parent, guardian, or legal
27 custodian of the minor to pay some or all of the fee on the
28 minor's behalf.
29 (Source: P.A. 90-590, eff. 1-1-99; 91-98; eff. 1-1-00;
30 91-332, eff. 7-29-99; revised 10-7-99.)
31 (705 ILCS 405/5-620)
32 Sec. 5-620. Findings. After hearing the evidence, the
33 court shall make and note in the minutes of the proceeding a
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1 finding of whether or not the minor is guilty. If it finds
2 that the minor is not guilty, the court shall order the
3 petition dismissed and the minor discharged from any
4 detention or restriction previously ordered in such
5 proceeding. If the court finds that the minor is guilty, the
6 court shall then set a time for a sentencing hearing to be
7 conducted under Section 5-705 at which hearing the court
8 shall determine whether it is in the best interests of the
9 minor and the public that he or she be made a ward of the
10 court. To assist the court in making this and other
11 determinations at the sentencing hearing, the court may order
12 that an investigation be conducted and a social investigation
13 report be prepared.
14 (Source: P.A. 90-590, eff. 1-1-99.)
15 (705 ILCS 405/5-625)
16 Sec. 5-625. Absence of minor.
17 (1) When a minor after arrest and an initial court
18 appearance for a felony, fails to appear for trial, at the
19 request of the State and after the State has affirmatively
20 proven through substantial evidence that the minor is
21 willfully avoiding trial, the court may commence trial in the
22 absence of the minor. The absent minor must be represented
23 by retained or appointed counsel. If trial had previously
24 commenced in the presence of the minor and the minor
25 willfully absents himself for 2 successive court days, the
26 court shall proceed to trial. All procedural rights
27 guaranteed by the United States Constitution, Constitution of
28 the State of Illinois, statutes of the State of Illinois, and
29 rules of court shall apply to the proceedings the same as if
30 the minor were present in court. The court may set the case
31 for a trial which may be conducted under this Section despite
32 the failure of the minor to appear at the hearing at which
33 the trial date is set. When the trial date is set the clerk
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1 shall send to the minor, by certified mail at his or her last
2 known address, notice of the new date which has been set for
3 trial. The notification shall be required when the minor was
4 not personally present in open court at the time when the
5 case was set for trial.
6 (2) The absence of the minor from a trial conducted
7 under this Section does not operate as a bar to concluding
8 the trial, to a finding of guilty resulting from the trial,
9 or to a final disposition of the trial in favor of the minor.
10 (3) Upon a finding or verdict of not guilty the court
11 shall enter finding for the minor. Upon a finding or verdict
12 of guilty, the court shall set a date for the hearing of
13 post-trial motions and shall hear the motion in the absence
14 of the minor. If post-trial motions are denied, the court
15 shall proceed to conduct a sentencing hearing and to impose a
16 sentence upon the minor. A social investigation is waived if
17 the minor is absent.
18 (4) A minor who is absent for part of the proceedings of
19 trial, post-trial motions, or sentencing, does not thereby
20 forfeit his or her right to be present at all remaining
21 proceedings.
22 (5) When a minor who in his or her absence has been
23 either found guilty or sentenced or both found guilty and
24 sentenced appears before the court, he or she must be granted
25 a new trial or a new sentencing hearing if the minor can
26 establish that his or her failure to appear in court was both
27 without his or her fault and due to circumstances beyond his
28 or her control. A hearing with notice to the State's
29 Attorney on the minors request for a new trial or a new
30 sentencing hearing must be held before any such request may
31 be granted. At any such hearing both the minor and the State
32 may present evidence.
33 (6) If the court grants only the minor's request for a
34 new sentencing hearing, then a new sentencing hearing shall
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1 be held in accordance with the provisions of this Article. At
2 any such hearing, both the minor and the State may offer
3 evidence of the minor's conduct during his or her period of
4 absence from the court. The court may impose any sentence
5 authorized by this Article and in the case of an extended
6 juvenile jurisdiction prosecution the Unified Code of
7 Corrections and is not in any way limited or restricted by
8 any sentence previously imposed.
9 (7) A minor whose motion under subsection (5) for a new
10 trial or new sentencing hearing has been denied may file a
11 notice of appeal from the denial. The notice may also include
12 a request for review of the finding and sentence not vacated
13 by the trial court.
14 (Source: P.A. 90-590, eff. 1-1-99.)
15 PART 7. PROCEEDINGS AFTER TRIAL, SENTENCING
16 (705 ILCS 405/5-701)
17 Sec. 5-701. Social investigation report. Upon the order
18 of the court, a social investigation report shall be prepared
19 and delivered to the parties at least 3 days prior to the
20 sentencing hearing. The written report of social
21 investigation shall include an investigation and report of
22 the minor's physical and mental history and condition, family
23 situation and background, economic status, education,
24 occupation, personal habits, minor's history of delinquency
25 or criminality or other matters which have been brought to
26 the attention of the juvenile court, information about
27 special resources known to the person preparing the report
28 which might be available to assist in the minor's
29 rehabilitation, and any other matters which may be helpful to
30 the court or which the court directs to be included.
31 (Source: P.A. 90-590, eff. 1-1-99.)
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1 (705 ILCS 405/5-705)
2 Sec. 5-705. Sentencing hearing; evidence; continuance.
3 (1) At the sentencing hearing, the court shall determine
4 whether it is in the best interests of the minor or the
5 public that he or she be made a ward of the court, and, if he
6 or she is to be made a ward of the court, the court shall
7 determine the proper disposition best serving the interests
8 of the minor and the public. All evidence helpful in
9 determining these questions, including oral and written
10 reports, may be admitted and may be relied upon to the extent
11 of its probative value, even though not competent for the
12 purposes of the trial. A record of a prior continuance under
13 supervision under Section 5-615, whether successfully
14 completed or not, is admissible at the sentencing hearing.
15 No order of commitment to the Department of Corrections,
16 Juvenile Division, shall be entered against a minor before a
17 written report of social investigation, which has been
18 completed within the previous 60 days, is presented to and
19 considered by the court.
20 (2) Once a party has been served in compliance with
21 Section 5-525, no further service or notice must be given to
22 that party prior to proceeding to a sentencing hearing.
23 Before imposing sentence the court shall advise the State's
24 Attorney and the parties who are present or their counsel of
25 the factual contents and the conclusions of the reports
26 prepared for the use of the court and considered by it, and
27 afford fair opportunity, if requested, to controvert them.
28 Factual contents, conclusions, documents and sources
29 disclosed by the court under this paragraph shall not be
30 further disclosed without the express approval of the court.
31 (3) On its own motion or that of the State's Attorney, a
32 parent, guardian, legal custodian, or counsel, the court may
33 adjourn the hearing for a reasonable period to receive
34 reports or other evidence and, in such event, shall make an
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1 appropriate order for detention of the minor or his or her
2 release from detention subject to supervision by the court
3 during the period of the continuance. In the event the court
4 shall order detention hereunder, the period of the
5 continuance shall not exceed 30 court days. At the end of
6 such time, the court shall release the minor from detention
7 unless notice is served at least 3 days prior to the hearing
8 on the continued date that the State will be seeking an
9 extension of the period of detention, which notice shall
10 state the reason for the request for the extension. The
11 extension of detention may be for a maximum period of an
12 additional 15 court days or a lesser number of days at the
13 discretion of the court. However, at the expiration of the
14 period of extension, the court shall release the minor from
15 detention if a further continuance is granted. In scheduling
16 investigations and hearings, the court shall give priority to
17 proceedings in which a minor is in detention or has otherwise
18 been removed from his or her home before a sentencing order
19 has been made.
20 (4) When commitment to the Department of Corrections,
21 Juvenile Division, is ordered, the court shall state the
22 basis for selecting the particular disposition, and the court
23 shall prepare such a statement for inclusion in the record.
24 (Source: P.A. 90-590, eff. 1-1-99.)
25 (705 ILCS 405/5-710)
26 Sec. 5-710. Kinds of sentencing orders.
27 (1) The following kinds of sentencing orders may be made
28 in respect of wards of the court:
29 (a) Except as provided in Sections 5-805, 5-810,
30 5-815, a minor who is found guilty under Section 5-620
31 may be:
32 (i) put on probation or conditional discharge
33 and released to his or her parents, guardian or
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1 legal custodian, provided, however, that any such
2 minor who is not committed to the Department of
3 Corrections, Juvenile Division under this subsection
4 and who is found to be a delinquent for an offense
5 which is first degree murder, a Class X felony, or a
6 forcible felony shall be placed on probation;
7 (ii) placed in accordance with Section 5-740,
8 with or without also being put on probation or
9 conditional discharge;
10 (iii) required to undergo a substance abuse
11 assessment conducted by a licensed provider and
12 participate in the indicated clinical level of care;
13 (iv) placed in the guardianship of the
14 Department of Children and Family Services, but only
15 if the delinquent minor is under 13 years of age;
16 (v) placed in detention for a period not to
17 exceed 30 days, either as the exclusive order of
18 disposition or, where appropriate, in conjunction
19 with any other order of disposition issued under
20 this paragraph, provided that any such detention
21 shall be in a juvenile detention home and the minor
22 so detained shall be 10 years of age or older.
23 However, the 30-day limitation may be extended by
24 further order of the court for a minor under age 13
25 committed to the Department of Children and Family
26 Services if the court finds that the minor is a
27 danger to himself or others. The minor shall be
28 given credit on the sentencing order of detention
29 for time spent in detention under Sections 5-501,
30 5-601, 5-710, or 5-720 of this Article as a result
31 of the offense for which the sentencing order was
32 imposed. The court may grant credit on a sentencing
33 order of detention entered under a violation of
34 probation or violation of conditional discharge
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1 under Section 5-720 of this Article for time spent
2 in detention before the filing of the petition
3 alleging the violation. A minor shall not be
4 deprived of credit for time spent in detention
5 before the filing of a violation of probation or
6 conditional discharge alleging the same or related
7 act or acts;
8 (vi) ordered partially or completely
9 emancipated in accordance with the provisions of the
10 Emancipation of Mature Minors Act;
11 (vii) subject to having his or her driver's
12 license or driving privileges suspended for such
13 time as determined by the court but only until he or
14 she attains 18 years of age;
15 (viii) put on probation or conditional
16 discharge and placed in detention under Section
17 3-6039 of the Counties Code for a period not to
18 exceed the period of incarceration permitted by law
19 for adults found guilty of the same offense or
20 offenses for which the minor was adjudicated
21 delinquent, and in any event no longer than upon
22 attainment of age 21; this subdivision (viii)
23 notwithstanding any contrary provision of the law;
24 or
25 (ix) ordered to undergo a medical or other
26 procedure to have a tattoo symbolizing allegiance to
27 a street gang removed from his or her body.
28 (b) A minor found to be guilty may be committed to
29 the Department of Corrections, Juvenile Division, under
30 Section 5-750 if the minor is 13 years of age or older,
31 provided that the commitment to the Department of
32 Corrections, Juvenile Division, shall be made only if a
33 term of incarceration is permitted by law for adults
34 found guilty of the offense for which the minor was
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1 adjudicated delinquent. The time during which a minor is
2 in custody before being released upon the request of a
3 parent, guardian or legal custodian shall be considered
4 as time spent in detention.
5 (c) When a minor is found to be guilty for an
6 offense which is a violation of the Illinois Controlled
7 Substances Act or the Cannabis Control Act and made a
8 ward of the court, the court may enter a disposition
9 order requiring the minor to undergo assessment,
10 counseling or treatment in a substance abuse program
11 approved by the Department of Human Services.
12 (2) Any sentencing order other than commitment to the
13 Department of Corrections, Juvenile Division, may provide for
14 protective supervision under Section 5-725 and may include an
15 order of protection under Section 5-730.
16 (3) Unless the sentencing order expressly so provides,
17 it does not operate to close proceedings on the pending
18 petition, but is subject to modification until final closing
19 and discharge of the proceedings under Section 5-750.
20 (4) In addition to any other sentence, the court may
21 order any minor found to be delinquent to make restitution,
22 in monetary or non-monetary form, under the terms and
23 conditions of Section 5-5-6 of the Unified Code of
24 Corrections, except that the "presentencing hearing" referred
25 to in that Section shall be the sentencing hearing for
26 purposes of this Section. The parent, guardian or legal
27 custodian of the minor may be ordered by the court to pay
28 some or all of the restitution on the minor's behalf,
29 pursuant to the Parental Responsibility Law. The State's
30 Attorney is authorized to act on behalf of any victim in
31 seeking restitution in proceedings under this Section, up to
32 the maximum amount allowed in Section 5 of the Parental
33 Responsibility Law.
34 (5) Any sentencing order where the minor is committed or
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1 placed in accordance with Section 5-740 shall provide for the
2 parents or guardian of the estate of the minor to pay to the
3 legal custodian or guardian of the person of the minor such
4 sums as are determined by the custodian or guardian of the
5 person of the minor as necessary for the minor's needs. The
6 payments may not exceed the maximum amounts provided for by
7 Section 9.1 of the Children and Family Services Act.
8 (6) Whenever the sentencing order requires the minor to
9 attend school or participate in a program of training, the
10 truant officer or designated school official shall regularly
11 report to the court if the minor is a chronic or habitual
12 truant under Section 26-2a of the School Code.
13 (7) In no event shall a guilty minor be committed to the
14 Department of Corrections, Juvenile Division for a period of
15 time in excess of that period for which an adult could be
16 committed for the same act.
17 (8) A minor found to be guilty for reasons that include
18 a violation of Section 21-1.3 of the Criminal Code of 1961
19 shall be ordered to perform community service for not less
20 than 30 and not more than 120 hours, if community service is
21 available in the jurisdiction. The community service shall
22 include, but need not be limited to, the cleanup and repair
23 of the damage that was caused by the violation or similar
24 damage to property located in the municipality or county in
25 which the violation occurred. The order may be in addition
26 to any other order authorized by this Section.
27 (9) In addition to any other sentencing order, the court
28 shall order any minor found to be guilty for an act which
29 would constitute, predatory criminal sexual assault of a
30 child, aggravated criminal sexual assault, criminal sexual
31 assault, aggravated criminal sexual abuse, or criminal sexual
32 abuse if committed by an adult to undergo medical testing to
33 determine whether the defendant has any sexually
34 transmissible disease including a test for infection with
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1 human immunodeficiency virus (HIV) or any other identified
2 causative agency of acquired immunodeficiency syndrome
3 (AIDS). Any medical test shall be performed only by
4 appropriately licensed medical practitioners and may include
5 an analysis of any bodily fluids as well as an examination of
6 the minor's person. Except as otherwise provided by law, the
7 results of the test shall be kept strictly confidential by
8 all medical personnel involved in the testing and must be
9 personally delivered in a sealed envelope to the judge of the
10 court in which the sentencing order was entered for the
11 judge's inspection in camera. Acting in accordance with the
12 best interests of the victim and the public, the judge shall
13 have the discretion to determine to whom the results of the
14 testing may be revealed. The court shall notify the minor of
15 the results of the test for infection with the human
16 immunodeficiency virus (HIV). The court shall also notify
17 the victim if requested by the victim, and if the victim is
18 under the age of 15 and if requested by the victim's parents
19 or legal guardian, the court shall notify the victim's
20 parents or the legal guardian, of the results of the test for
21 infection with the human immunodeficiency virus (HIV). The
22 court shall provide information on the availability of HIV
23 testing and counseling at the Department of Public Health
24 facilities to all parties to whom the results of the testing
25 are revealed. The court shall order that the cost of any
26 test shall be paid by the county and may be taxed as costs
27 against the minor.
28 (10) When a court finds a minor to be guilty the court
29 shall, before entering a sentencing order under this Section,
30 make a finding whether the offense committed either: (a) was
31 related to or in furtherance of the criminal activities of an
32 organized gang or was motivated by the minor's membership in
33 or allegiance to an organized gang, or (b) involved a
34 violation of subsection (a) of Section 12-7.1 of the Criminal
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1 Code of 1961, a violation of any Section of Article 24 of the
2 Criminal Code of 1961, or a violation of any statute that
3 involved the wrongful use of a firearm. If the court
4 determines the question in the affirmative, and the court
5 does not commit the minor to the Department of Corrections,
6 Juvenile Division, the court shall order the minor to perform
7 community service for not less than 30 hours nor more than
8 120 hours, provided that community service is available in
9 the jurisdiction and is funded and approved by the county
10 board of the county where the offense was committed. The
11 community service shall include, but need not be limited to,
12 the cleanup and repair of any damage caused by a violation of
13 Section 21-1.3 of the Criminal Code of 1961 and similar
14 damage to property located in the municipality or county in
15 which the violation occurred. When possible and reasonable,
16 the community service shall be performed in the minor's
17 neighborhood. This order shall be in addition to any other
18 order authorized by this Section except for an order to place
19 the minor in the custody of the Department of Corrections,
20 Juvenile Division. For the purposes of this Section,
21 "organized gang" has the meaning ascribed to it in Section 10
22 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
23 (Source: P.A. 90-590, eff. 1-1-99; 91-98, eff. 1-1-00.)
24 (705 ILCS 405/5-715)
25 Sec. 5-715. Probation.
26 (1) The period of probation or conditional discharge
27 shall not exceed 5 years or until the minor has attained the
28 age of 21 years, whichever is less, except as provided in
29 this Section for a minor who is found to be guilty for an
30 offense which is first degree murder, a Class X felony or a
31 forcible felony. The juvenile court may terminate probation
32 or conditional discharge and discharge the minor at any time
33 if warranted by the conduct of the minor and the ends of
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1 justice; provided, however, that the period of probation for
2 a minor who is found to be guilty for an offense which is
3 first degree murder, a Class X felony, or a forcible felony
4 shall be at least 5 years.
5 (2) The court may as a condition of probation or of
6 conditional discharge require that the minor:
7 (a) not violate any criminal statute of any
8 jurisdiction;
9 (b) make a report to and appear in person before
10 any person or agency as directed by the court;
11 (c) work or pursue a course of study or vocational
12 training;
13 (d) undergo medical or psychiatric treatment,
14 rendered by a psychiatrist or psychological treatment
15 rendered by a clinical psychologist or social work
16 services rendered by a clinical social worker, or
17 treatment for drug addiction or alcoholism;
18 (e) attend or reside in a facility established for
19 the instruction or residence of persons on probation;
20 (f) support his or her dependents, if any;
21 (g) refrain from possessing a firearm or other
22 dangerous weapon, or an automobile;
23 (h) permit the probation officer to visit him or
24 her at his or her home or elsewhere;
25 (i) reside with his or her parents or in a foster
26 home;
27 (j) attend school;
28 (k) attend a non-residential program for youth;
29 (l) make restitution under the terms of subsection
30 (4) of Section 5-710;
31 (m) contribute to his or her own support at home or
32 in a foster home;
33 (n) perform some reasonable public or community
34 service;
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1 (o) participate with community corrections programs
2 including unified delinquency intervention services
3 administered by the Department of Human Services subject
4 to Section 5 of the Children and Family Services Act;
5 (p) pay costs;
6 (q) serve a term of home confinement. In addition
7 to any other applicable condition of probation or
8 conditional discharge, the conditions of home confinement
9 shall be that the minor:
10 (i) remain within the interior premises of the
11 place designated for his or her confinement during
12 the hours designated by the court;
13 (ii) admit any person or agent designated by
14 the court into the minor's place of confinement at
15 any time for purposes of verifying the minor's
16 compliance with the conditions of his or her
17 confinement; and
18 (iii) use an approved electronic monitoring
19 device if ordered by the court subject to Article 8A
20 of Chapter V of the Unified Code of Corrections;
21 (r) refrain from entering into a designated
22 geographic area except upon terms as the court finds
23 appropriate. The terms may include consideration of the
24 purpose of the entry, the time of day, other persons
25 accompanying the minor, and advance approval by a
26 probation officer, if the minor has been placed on
27 probation, or advance approval by the court, if the minor
28 has been placed on conditional discharge;
29 (s) refrain from having any contact, directly or
30 indirectly, with certain specified persons or particular
31 types of persons, including but not limited to members of
32 street gangs and drug users or dealers;
33 (s-5) undergo a medical or other procedure to have
34 a tattoo symbolizing allegiance to a street gang removed
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1 from his or her body;
2 (t) refrain from having in his or her body the
3 presence of any illicit drug prohibited by the Cannabis
4 Control Act or the Illinois Controlled Substances Act,
5 unless prescribed by a physician, and shall submit
6 samples of his or her blood or urine or both for tests to
7 determine the presence of any illicit drug; or
8 (u) comply with other conditions as may be ordered
9 by the court.
10 (3) The court may as a condition of probation or of
11 conditional discharge require that a minor found guilty on
12 any alcohol, cannabis, or controlled substance violation,
13 refrain from acquiring a driver's license during the period
14 of probation or conditional discharge. If the minor is in
15 possession of a permit or license, the court may require that
16 the minor refrain from driving or operating any motor vehicle
17 during the period of probation or conditional discharge,
18 except as may be necessary in the course of the minor's
19 lawful employment.
20 (4) A minor on probation or conditional discharge shall
21 be given a certificate setting forth the conditions upon
22 which he or she is being released.
23 (5) The court shall impose upon a minor placed on
24 probation or conditional discharge, as a condition of the
25 probation or conditional discharge, a fee of $25 for each
26 month of probation or conditional discharge supervision
27 ordered by the court, unless after determining the inability
28 of the minor placed on probation or conditional discharge to
29 pay the fee, the court assesses a lesser amount. The court
30 may not impose the fee on a minor who is made a ward of the
31 State under this Act while the minor is in placement. The
32 fee shall be imposed only upon a minor who is actively
33 supervised by the probation and court services department.
34 The court may order the parent, guardian, or legal custodian
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1 of the minor to pay some or all of the fee on the minor's
2 behalf.
3 (6) The General Assembly finds that in order to protect
4 the public, the juvenile justice system must compel
5 compliance with the conditions of probation by responding to
6 violations with swift, certain, and fair punishments and
7 intermediate sanctions. The Chief Judge of each circuit
8 shall adopt a system of structured, intermediate sanctions
9 for violations of the terms and conditions of a sentence of
10 supervision, probation or conditional discharge, under this
11 Act.
12 The court shall provide as a condition of a disposition
13 of probation, conditional discharge, or supervision, that the
14 probation agency may invoke any sanction from the list of
15 intermediate sanctions adopted by the chief judge of the
16 circuit court for violations of the terms and conditions of
17 the sentence of probation, conditional discharge, or
18 supervision, subject to the provisions of Section 5-720 of
19 this Act.
20 (Source: P.A. 90-590, eff. 1-1-99; 91-98, eff. 1-1-00.)
21 (705 ILCS 405/5-720)
22 Sec. 5-720. Probation revocation.
23 (1) If a petition is filed charging a violation of a
24 condition of probation or of conditional discharge, the court
25 shall:
26 (a) order the minor to appear; or
27 (b) order the minor's detention if the court finds
28 that the detention is a matter of immediate and urgent
29 necessity for the protection of the minor or of the
30 person or property of another or that the minor is likely
31 to flee the jurisdiction of the court, provided that any
32 such detention shall be in a juvenile detention home and
33 the minor so detained shall be 10 years of age or older;
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1 and
2 (c) notify the persons named in the petition under
3 Section 5-520, in accordance with the provisions of
4 Section 5-530.
5 In making its detention determination under paragraph (b)
6 of this subsection (1) of this Section, the court may use
7 information in its findings offered at such a hearing by way
8 of proffer based upon reliable information presented by the
9 State, probation officer, or the minor. The filing of a
10 petition for violation of a condition of probation or of
11 conditional discharge shall toll the period of probation or
12 of conditional discharge until the final determination of the
13 charge, and the term of probation or conditional discharge
14 shall not run until the hearing and disposition of the
15 petition for violation.
16 (2) The court shall conduct a hearing of the alleged
17 violation of probation or of conditional discharge. The
18 minor shall not be held in detention longer than 15 days
19 pending the determination of the alleged violation.
20 (3) At the hearing, the State shall have the burden of
21 going forward with the evidence and proving the violation by
22 a preponderance of the evidence. The evidence shall be
23 presented in court with the right of confrontation,
24 cross-examination, and representation by counsel.
25 (4) If the court finds that the minor has violated a
26 condition at any time prior to the expiration or termination
27 of the period of probation or conditional discharge, it may
28 continue him or her on the existing sentence, with or without
29 modifying or enlarging the conditions, or may revoke
30 probation or conditional discharge and impose any other
31 sentence that was available under Section 5-710 at the time
32 of the initial sentence.
33 (5) The conditions of probation and of conditional
34 discharge may be reduced or enlarged by the court on motion
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1 of the probation officer or on its own motion or at the
2 request of the minor after notice and hearing under this
3 Section.
4 (6) Sentencing after revocation of probation or of
5 conditional discharge shall be under Section 5-705.
6 (7) Instead of filing a violation of probation or of
7 conditional discharge, the probation officer, with the
8 concurrence of his or her supervisor, may serve on the minor
9 a notice of intermediate sanctions. The notice shall contain
10 the technical violation or violations involved, the date or
11 dates of the violation or violations, and the intermediate
12 sanctions to be imposed. Upon receipt of the notice, the
13 minor shall immediately accept or reject the intermediate
14 sanctions. If the sanctions are accepted, they shall be
15 imposed immediately. If the intermediate sanctions are
16 rejected or the minor does not respond to the notice, a
17 violation of probation or of conditional discharge shall be
18 immediately filed with the court. The State's Attorney and
19 the sentencing court shall be notified of the notice of
20 sanctions. Upon successful completion of the intermediate
21 sanctions, a court may not revoke probation or conditional
22 discharge or impose additional sanctions for the same
23 violation. A notice of intermediate sanctions may not be
24 issued for any violation of probation or conditional
25 discharge which could warrant an additional, separate felony
26 charge.
27 (Source: P.A. 90-590, eff. 1-1-99.)
28 (705 ILCS 405/5-725)
29 Sec. 5-725. Protective supervision. If the sentencing
30 order releases the minor to the custody of his or her
31 parents, guardian or legal custodian, or continues him or her
32 in such custody, the court may place the person having
33 custody of the minor, except for representatives of private
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1 or public agencies or governmental departments, under
2 supervision of the probation office. Rules or orders of court
3 shall define the terms and conditions of protective
4 supervision, which may be modified or terminated when the
5 court finds that the best interests of the minor and the
6 public will be served by modifying or terminating protective
7 supervision.
8 (Source: P.A. 90-590, eff. 1-1-99.)
9 (705 ILCS 405/5-730)
10 Sec. 5-730. Order of protection.
11 (1) The court may make an order of protection in
12 assistance of or as a condition of any other order authorized
13 by this Act. The order of protection may set forth
14 reasonable conditions of behavior to be observed for a
15 specified period. The order may require a person:
16 (a) to stay away from the home or the minor;
17 (b) to permit a parent to visit the minor at stated
18 periods;
19 (c) to abstain from offensive conduct against the
20 minor, his or her parent or any person to whom custody of
21 the minor is awarded;
22 (d) to give proper attention to the care of the
23 home;
24 (e) to cooperate in good faith with an agency to
25 which custody of a minor is entrusted by the court or
26 with an agency or association to which the minor is
27 referred by the court;
28 (f) to prohibit and prevent any contact whatsoever
29 with the respondent minor by a specified individual or
30 individuals who are alleged in either a criminal or
31 juvenile proceeding to have caused injury to a respondent
32 minor or a sibling of a respondent minor;
33 (g) to refrain from acts of commission or omission
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1 that tend to make the home not a proper place for the
2 minor.
3 (2) The court shall enter an order of protection to
4 prohibit and prevent any contact between a respondent minor
5 or a sibling of a respondent minor and any person named in a
6 petition seeking an order of protection who has been
7 convicted of heinous battery under Section 12-4.1, aggravated
8 battery of a child under Section 12-4.3, criminal sexual
9 assault under Section 12-13, aggravated criminal sexual
10 assault under Section 12-14, predatory criminal sexual
11 assault of a child under Section 12-14.1, criminal sexual
12 abuse under Section 12-15, or aggravated criminal sexual
13 abuse under Section 12-16 of the Criminal Code of 1961, or
14 has been convicted of an offense that resulted in the death
15 of a child, or has violated a previous order of protection
16 under this Section.
17 (3) When the court issues an order of protection against
18 any person as provided by this Section, the court shall
19 direct a copy of such order to the sheriff of that county.
20 The sheriff shall furnish a copy of the order of protection
21 to the Department of State Police within 24 hours of receipt,
22 in the form and manner required by the Department. The
23 Department of State Police shall maintain a complete record
24 and index of the orders of protection and make this data
25 available to all local law enforcement agencies.
26 (4) After notice and opportunity for hearing afforded to
27 a person subject to an order of protection, the order may be
28 modified or extended for a further specified period or both
29 or may be terminated if the court finds that the best
30 interests of the minor and the public will be served by the
31 modification, extension, or termination.
32 (5) An order of protection may be sought at any time
33 during the course of any proceeding conducted under this Act.
34 Any person against whom an order of protection is sought may
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1 retain counsel to represent him or her at a hearing, and has
2 rights to be present at the hearing, to be informed prior to
3 the hearing in writing of the contents of the petition
4 seeking a protective order and of the date, place, and time
5 of the hearing, and to cross-examine witnesses called by the
6 petitioner and to present witnesses and argument in
7 opposition to the relief sought in the petition.
8 (6) Diligent efforts shall be made by the petitioner to
9 serve any person or persons against whom any order of
10 protection is sought with written notice of the contents of
11 the petition seeking a protective order and of the date,
12 place and time at which the hearing on the petition is to be
13 held. When a protective order is being sought in conjunction
14 with a shelter care or detention hearing, if the court finds
15 that the person against whom the protective order is being
16 sought has been notified of the hearing or that diligent
17 efforts have been made to notify the person, the court may
18 conduct a hearing. If a protective order is sought at any
19 time other than in conjunction with a shelter care or
20 detention hearing, the court may not conduct a hearing on the
21 petition in the absence of the person against whom the order
22 is sought unless the petitioner has notified the person by
23 personal service at least 3 days before the hearing or has
24 sent written notice by first class mail to the person's last
25 known address at least 5 days before the hearing.
26 (7) A person against whom an order of protection is
27 being sought who is neither a parent, guardian, or legal
28 custodian or responsible relative as described in Section 1-5
29 of this Act or is not a party or respondent as defined in
30 that Section shall not be entitled to the rights provided in
31 that Section. The person does not have a right to appointed
32 counsel or to be present at any hearing other than the
33 hearing in which the order of protection is being sought or a
34 hearing directly pertaining to that order. Unless the court
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1 orders otherwise, the person does not have a right to inspect
2 the court file.
3 (8) All protective orders entered under this Section
4 shall be in writing. Unless the person against whom the order
5 was obtained was present in court when the order was issued,
6 the sheriff, other law enforcement official, or special
7 process server shall promptly serve that order upon that
8 person and file proof of that service, in the manner provided
9 for service of process in civil proceedings. The person
10 against whom the protective order was obtained may seek a
11 modification of the order by filing a written motion to
12 modify the order within 7 days after actual receipt by the
13 person of a copy of the order.
14 (Source: P.A. 90-590, eff. 1-1-99.)
15 (705 ILCS 405/5-735)
16 Sec. 5-735. Enforcement of orders of protective
17 supervision or of protection.
18 (1) Orders of protective supervision and orders of
19 protection may be enforced by citation to show cause for
20 contempt of court by reason of any violation of the order
21 and, where protection of the welfare of the minor so
22 requires, by the issuance of a warrant to take the alleged
23 violator into custody and bring him or her before the court.
24 (2) In any case where an order of protection has been
25 entered, the clerk of the court may issue to the petitioner,
26 to the minor or to any other person affected by the order a
27 certificate stating that an order of protection has been made
28 by the court concerning those persons and setting forth its
29 terms and requirements. The presentation of the certificate
30 to any peace officer authorizes him or her to take into
31 custody a person charged with violating the terms of the
32 order of protection, to bring the person before the court
33 and, within the limits of his or her legal authority as a
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1 peace officer, otherwise to aid in securing the protection
2 the order is intended to afford.
3 (Source: P.A. 90-590, eff. 1-1-99.)
4 (705 ILCS 405/5-740)
5 Sec. 5-740. Placement; legal custody or guardianship.
6 (1) If the court finds that the parents, guardian, or
7 legal custodian of a minor adjudged a ward of the court are
8 unfit or are unable, for some reason other than financial
9 circumstances alone, to care for, protect, train or
10 discipline the minor or are unwilling to do so, and that
11 appropriate services aimed at family preservation and family
12 reunification have been unsuccessful in rectifying the
13 conditions which have led to a finding of unfitness or
14 inability to care for, protect, train or discipline the
15 minor, and that it is in the best interest of the minor to
16 take him or her from the custody of his or her parents,
17 guardian or custodian, the court may:
18 (a) place him or her in the custody of a suitable
19 relative or other person;
20 (b) place him or her under the guardianship of a
21 probation officer;
22 (c) commit him or her to an agency for care or
23 placement, except an institution under the authority of
24 the Department of Corrections or of the Department of
25 Children and Family Services;
26 (d) commit him or her to some licensed training
27 school or industrial school; or
28 (e) commit him or her to any appropriate
29 institution having among its purposes the care of
30 delinquent children, including a child protective
31 facility maintained by a child protection district
32 serving the county from which commitment is made, but not
33 including any institution under the authority of the
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1 Department of Corrections or of the Department of
2 Children and Family Services.
3 (2) When making such placement, the court, wherever
4 possible, shall select a person holding the same religious
5 belief as that of the minor or a private agency controlled by
6 persons of like religious faith of the minor and shall
7 require the Department of Children and Family Services to
8 otherwise comply with Section 7 of the Children and Family
9 Services Act in placing the child. In addition, whenever
10 alternative plans for placement are available, the court
11 shall ascertain and consider, to the extent appropriate in
12 the particular case, the views and preferences of the minor.
13 (3) When a minor is placed with a suitable relative or
14 other person, the court shall appoint him or her the legal
15 custodian or guardian of the person of the minor. When a
16 minor is committed to any agency, the court shall appoint the
17 proper officer or representative of the proper officer as
18 legal custodian or guardian of the person of the minor.
19 Legal custodians and guardians of the person of the minor
20 have the respective rights and duties set forth in subsection
21 (9) of Section 5-105 except as otherwise provided by order of
22 court; but no guardian of the person may consent to adoption
23 of the minor. An agency whose representative is appointed
24 guardian of the person or legal custodian of the minor may
25 place him or her in any child care facility, but the facility
26 must be licensed under the Child Care Act of 1969 or have
27 been approved by the Department of Children and Family
28 Services as meeting the standards established for such
29 licensing. Like authority and restrictions shall be
30 conferred by the court upon any probation officer who has
31 been appointed guardian of the person of a minor.
32 (4) No placement by any probation officer or agency
33 whose representative is appointed guardian of the person or
34 legal custodian of a minor may be made in any out of State
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1 child care facility unless it complies with the Interstate
2 Compact on the Placement of Children.
3 (5) The clerk of the court shall issue to the guardian
4 or legal custodian of the person a certified copy of the
5 order of court, as proof of his or her authority. No other
6 process is necessary as authority for the keeping of the
7 minor.
8 (6) Legal custody or guardianship granted under this
9 Section continues until the court otherwise directs, but not
10 after the minor reaches the age of 21 years except as set
11 forth in Section 5-750.
12 (Source: P.A. 90-590, eff. 1-1-99.)
13 (705 ILCS 405/5-745)
14 Sec. 5-745. Court review.
15 (1) The court may require any legal custodian or
16 guardian of the person appointed under this Act to report
17 periodically to the court or may cite him or her into court
18 and require him or her, or his or her agency, to make a full
19 and accurate report of his or her or its doings in behalf of
20 the minor. The legal custodian or guardian, within 10 days
21 after the citation, shall make the report, either in writing
22 verified by affidavit or orally under oath in open court, or
23 otherwise as the court directs. Upon the hearing of the
24 report the court may remove the legal custodian or guardian
25 and appoint another in his or her stead or restore the minor
26 to the custody of his or her parents or former guardian or
27 legal custodian.
28 (2) A guardian or legal custodian appointed by the court
29 under this Act shall file updated case plans with the court
30 every 6 months. Every agency which has guardianship of a
31 child shall file a supplemental petition for court review, or
32 review by an administrative body appointed or approved by the
33 court and further order within 18 months of the sentencing
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1 order and each 18 months thereafter. The petition shall
2 state facts relative to the child's present condition of
3 physical, mental and emotional health as well as facts
4 relative to his or her present custodial or foster care. The
5 petition shall be set for hearing and the clerk shall mail 10
6 days notice of the hearing by certified mail, return receipt
7 requested, to the person or agency having the physical
8 custody of the child, the minor and other interested parties
9 unless a written waiver of notice is filed with the petition.
10 Rights of wards of the court under this Act are
11 enforceable against any public agency by complaints for
12 relief by mandamus filed in any proceedings brought under
13 this Act.
14 (3) The minor or any person interested in the minor may
15 apply to the court for a change in custody of the minor and
16 the appointment of a new custodian or guardian of the person
17 or for the restoration of the minor to the custody of his or
18 her parents or former guardian or custodian. In the event
19 that the minor has attained 18 years of age and the guardian
20 or custodian petitions the court for an order terminating his
21 or her guardianship or custody, guardianship or legal custody
22 shall terminate automatically 30 days after the receipt of
23 the petition unless the court orders otherwise. No legal
24 custodian or guardian of the person may be removed without
25 his or her consent until given notice and an opportunity to
26 be heard by the court.
27 (Source: P.A. 90-590, eff. 1-1-99.)
28 (705 ILCS 405/5-750)
29 Sec. 5-750. Commitment to the Department of Corrections,
30 Juvenile Division.
31 (1) Except as provided in subsection (2) of this
32 Section, when any delinquent has been adjudged a ward of the
33 court under this Act, the court may commit him or her to the
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1 Department of Corrections, Juvenile Division, if it finds
2 that (a) his or her parents, guardian or legal custodian are
3 unfit or are unable, for some reason other than financial
4 circumstances alone, to care for, protect, train or
5 discipline the minor, or are unwilling to do so, and the best
6 interests of the minor and the public will not be served by
7 placement under Section 5-740 or; (b) it is necessary to
8 ensure the protection of the public from the consequences of
9 criminal activity of the delinquent.
10 (2) When a minor of the age of at least 13 years is
11 adjudged delinquent for the offense of first degree murder,
12 the court shall declare the minor a ward of the court and
13 order the minor committed to the Department of Corrections,
14 Juvenile Division, until the minor's 21st birthday, without
15 the possibility of parole, furlough, or non-emergency
16 authorized absence for a period of 5 years from the date the
17 minor was committed to the Department of Corrections, except
18 that the time that a minor spent in custody for the instant
19 offense before being committed to the Department shall be
20 considered as time credited towards that 5 year period.
21 Nothing in this subsection (2) shall preclude the State's
22 Attorney from seeking to prosecute a minor as an adult as an
23 alternative to proceeding under this Act.
24 (3) Except as provided in subsection (2), the commitment
25 of a delinquent to the Department of Corrections shall be for
26 an indeterminate term which shall automatically terminate
27 upon the delinquent attaining the age of 21 years unless the
28 delinquent is sooner discharged from parole or custodianship
29 is otherwise terminated in accordance with this Act or as
30 otherwise provided for by law.
31 (4) When the court commits a minor to the Department of
32 Corrections, it shall order him or her conveyed forthwith to
33 the appropriate reception station or other place designated
34 by the Department of Corrections, and shall appoint the
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1 Assistant Director of Corrections, Juvenile Division, legal
2 custodian of the minor. The clerk of the court shall issue
3 to the Assistant Director of Corrections, Juvenile Division,
4 a certified copy of the order, which constitutes proof of the
5 Director's authority. No other process need issue to warrant
6 the keeping of the minor.
7 (5) If a minor is committed to the Department of
8 Corrections, Juvenile Division, the clerk of the court shall
9 forward to the Department:
10 (a) the disposition ordered;
11 (b) all reports;
12 (c) the court's statement of the basis for ordering
13 the disposition; and
14 (d) all additional matters which the court directs
15 the clerk to transmit.
16 (6) Whenever the Department of Corrections lawfully
17 discharges from its custody and control a minor committed to
18 it, the Assistant Director of Corrections, Juvenile Division,
19 shall petition the court for an order terminating his or her
20 custodianship. The custodianship shall terminate
21 automatically 30 days after receipt of the petition unless
22 the court orders otherwise.
23 (Source: P.A. 90-590, eff. 1-1-99.)
24 (705 ILCS 405/5-755)
25 Sec. 5-755. Duration of wardship and discharge of
26 proceedings.
27 (1) All proceedings under this Act in respect of any
28 minor for whom a petition was filed on or after the effective
29 date of this amendatory Act of 1998 automatically terminate
30 upon his or her attaining the age of 21 years except that
31 provided in Section 5-810.
32 (2) Whenever the court finds that the best interests of
33 the minor and the public no longer require the wardship of
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1 the court, the court shall order the wardship terminated and
2 all proceedings under this Act respecting that minor finally
3 closed and discharged. The court may at the same time
4 continue or terminate any custodianship or guardianship
5 previously ordered but the termination must be made in
6 compliance with Section 5-745.
7 (3) The wardship of the minor and any legal
8 custodianship or guardianship respecting the minor for whom a
9 petition was filed on or after the effective date of this
10 amendatory Act of 1998 automatically terminates when he or
11 she attains the age of 21 years except as set forth in
12 subsection (1) of this Section. The clerk of the court shall
13 at that time record all proceedings under this Act as finally
14 closed and discharged for that reason.
15 (Source: P.A. 90-590, eff. 1-1-99.)
16 PART 8. VIOLENT AND HABITUAL JUVENILE
17 OFFENDER PROVISIONS
18 (705 ILCS 405/5-801)
19 Sec. 5-801. Legislative declaration. The General
20 Assembly finds that a substantial and disproportionate amount
21 of serious crime is committed by a relatively small number of
22 juvenile offenders. Part 8 of this Article addresses these
23 juvenile offenders and, in all proceedings under Sections
24 5-805, 5-810, and 5-815, the community's right to be
25 protected shall be the most important purpose of the
26 proceedings.
27 (Source: P.A. 90-590, eff. 1-1-99.)
28 (705 ILCS 405/5-805)
29 Sec. 5-805. Transfer of jurisdiction.
30 (1) Mandatory transfers.
31 (a) If a petition alleges commission by a minor 15
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1 years of age or older of an act that constitutes a
2 forcible felony under the laws of this State, and if a
3 motion by the State's Attorney to prosecute the minor
4 under the criminal laws of Illinois for the alleged
5 forcible felony alleges that (i) the minor has previously
6 been adjudicated delinquent or found guilty for
7 commission of an act that constitutes a felony under the
8 laws of this State or any other state and (ii) the act
9 that constitutes the offense was committed in furtherance
10 of criminal activity by an organized gang, the Juvenile
11 Judge assigned to hear and determine those motions shall,
12 upon determining that there is probable cause that both
13 allegations are true, enter an order permitting
14 prosecution under the criminal laws of Illinois.
15 (b) If a petition alleges commission by a minor 15
16 years of age or older of an act that constitutes a felony
17 under the laws of this State, and if a motion by a
18 State's Attorney to prosecute the minor under the
19 criminal laws of Illinois for the alleged felony alleges
20 that (i) the minor has previously been adjudicated
21 delinquent or found guilty for commission of an act that
22 constitutes a forcible felony under the laws of this
23 State or any other state and (ii) the act that
24 constitutes the offense was committed in furtherance of
25 criminal activities by an organized gang, the Juvenile
26 Judge assigned to hear and determine those motions shall,
27 upon determining that there is probable cause that both
28 allegations are true, enter an order permitting
29 prosecution under the criminal laws of Illinois.
30 (c) If a petition alleges commission by a minor 15
31 years of age or older of: (i) an act that constitutes an
32 offense enumerated in the presumptive transfer provisions
33 of subsection (2); and (ii) the minor has previously been
34 adjudicated delinquent or found guilty of a forcible
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1 felony, the Juvenile Judge designated to hear and
2 determine those motions shall, upon determining that
3 there is probable cause that both allegations are true,
4 enter an order permitting prosecution under the criminal
5 laws of Illinois.
6 (d) If a petition alleges commission by a minor 15
7 years of age or older of an act that constitutes the
8 offense of aggravated discharge of a firearm committed in
9 a school, on the real property comprising a school,
10 within 1,000 feet of the real property comprising a
11 school, at a school related activity, or on, boarding, or
12 departing from any conveyance owned, leased, or
13 contracted by a school or school district to transport
14 students to or from school or a school related activity,
15 regardless of the time of day or the time of year, the
16 juvenile judge designated to hear and determine those
17 motions shall, upon determining that there is probable
18 cause that the allegations are true, enter an order
19 permitting prosecution under the criminal laws of
20 Illinois.
21 For purposes of this paragraph (d) of subsection
22 (1):
23 "School" means a public or private elementary or
24 secondary school, community college, college, or
25 university.
26 "School related activity" means any sporting,
27 social, academic, or other activity for which students'
28 attendance or participation is sponsored, organized, or
29 funded in whole or in part by a school or school
30 district.
31 (2) Presumptive transfer.
32 (a) If the State's Attorney files a petition, at
33 any time prior to commencement of the minor's trial, to
34 permit prosecution under the criminal laws and the
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1 petition alleges the commission by a minor 15 years of
2 age or older of: (i) a Class X felony other than armed
3 violence; (ii) aggravated discharge of a firearm; (iii)
4 armed violence with a firearm when the predicate offense
5 is a Class 1 or Class 2 felony and the State's Attorney's
6 motion to transfer the case alleges that the offense
7 committed is in furtherance of the criminal activities of
8 an organized gang; (iv) armed violence with a firearm
9 when the predicate offense is a violation of the Illinois
10 Controlled Substances Act or a violation of the Cannabis
11 Control Act; (v) armed violence when the weapon involved
12 was a machine gun or other weapon described in subsection
13 (a)(7) of Section 24-1 of the Criminal Code of 1961, and,
14 if the juvenile judge assigned to hear and determine
15 motions to transfer a case for prosecution in the
16 criminal court determines that there is probable cause to
17 believe that the allegations in the petition and motion
18 are true, there is a rebuttable presumption that the
19 minor is not a fit and proper subject to be dealt with
20 under the Juvenile Justice Reform Provisions of 1998
21 (Public Act 90-590), and that, except as provided in
22 paragraph (b), the case should be transferred to the
23 criminal court.
24 (b) The judge shall enter an order permitting
25 prosecution under the criminal laws of Illinois unless
26 the judge makes a finding based on clear and convincing
27 evidence that the minor would be amenable to the care,
28 treatment, and training programs available through the
29 facilities of the juvenile court based on an evaluation
30 of the following:
31 (i) The seriousness of the alleged offense;
32 (ii) The minor's history of delinquency;
33 (iii) The age of the minor;
34 (iv) The culpability of the minor in committing
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1 the alleged offense;
2 (v) Whether the offense was committed in an
3 aggressive or premeditated manner;
4 (vi) Whether the minor used or possessed a deadly
5 weapon when committing the alleged offense;
6 (vii) The minor's history of services, including
7 the minor's willingness to participate meaningfully in
8 available services;
9 (viii) Whether there is a reasonable likelihood that
10 the minor can be rehabilitated before the expiration of
11 the juvenile court's jurisdiction;
12 (ix) The adequacy of the punishment or services
13 available in the juvenile justice system.
14 In considering these factors, the court shall give
15 greater weight to the seriousness of the alleged offense and
16 the minor's prior record of delinquency than to the other
17 factors listed in this subsection.
18 (3) Discretionary transfer.
19 (a) If a petition alleges commission by a minor 13
20 years of age or over of an act that constitutes a crime
21 under the laws of this State and, on motion of the
22 State's Attorney to permit prosecution of the minor under
23 the criminal laws, a Juvenile Judge assigned by the Chief
24 Judge of the Circuit to hear and determine those motions,
25 after hearing but before commencement of the trial, finds
26 that there is probable cause to believe that the
27 allegations in the motion are true and that it is not in
28 the best interests of the public to proceed under this
29 Act, the court may enter an order permitting prosecution
30 under the criminal laws.
31 (b) In making its determination on the motion to
32 permit prosecution under the criminal laws, the court
33 shall consider among other matters:
34 (i) The seriousness of the alleged offense;
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1 (ii) The minor's history of delinquency;
2 (iii) The age of the minor;
3 (iv) The culpability of the minor in committing the
4 alleged offense;
5 (v) Whether the offense was committed in an
6 aggressive or premeditated manner;
7 (vi) Whether the minor used or possessed a deadly
8 weapon when committing the alleged offense;
9 (vii) The minor's history of services, including
10 the minor's willingness to participate meaningfully in
11 available services;
12 (viii) The adequacy of the punishment or services
13 available in the juvenile justice system.
14 In considering these factors, the court shall give
15 greater weight to the seriousness of the alleged offense and
16 the minor's prior record of delinquency than to the other
17 factors listed in this subsection.
18 (4) The rules of evidence for this hearing shall be the
19 same as under Section 5-705 of this Act. A minor must be
20 represented in court by counsel before the hearing may be
21 commenced.
22 (5) If criminal proceedings are instituted, the petition
23 for adjudication of wardship shall be dismissed insofar as
24 the act or acts involved in the criminal proceedings. Taking
25 of evidence in a trial on petition for adjudication of
26 wardship is a bar to criminal proceedings based upon the
27 conduct alleged in the petition.
28 (Source: P.A. 90-590, eff. 1-1-99; 91-15, eff. 1-1-00;
29 91-357, eff. 7-29-99.)
30 (705 ILCS 405/5-810)
31 Sec. 5-810. Extended jurisdiction juvenile prosecutions.
32 (1) If the State's Attorney files a petition, at any
33 time prior to commencement of the minor's trial, to designate
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1 the proceeding as an extended jurisdiction juvenile
2 prosecution and the petition alleges the commission by a
3 minor 13 years of age or older of any offense which would be
4 a felony if committed by an adult, and, if the juvenile judge
5 assigned to hear and determine petitions to designate the
6 proceeding as an extended jurisdiction juvenile prosecution
7 determines that there is probable cause to believe that the
8 allegations in the petition and motion are true, there is a
9 rebuttable presumption that the proceeding shall be
10 designated as an extended jurisdiction juvenile proceeding.
11 (b) The judge shall enter an order designating the
12 proceeding as an extended jurisdiction juvenile proceeding
13 unless the judge makes a finding based on clear and
14 convincing evidence that sentencing under the Chapter V of
15 the Unified Code of Corrections would not be appropriate for
16 the minor based on an evaluation of the following factors:
17 (i) The seriousness of the alleged offense;
18 (ii) The minor's history of delinquency;
19 (iii) The age of the minor;
20 (iv) The culpability of the minor in committing the
21 alleged offense;
22 (v) Whether the offense was committed in an
23 aggressive or premeditated manner;
24 (vi) Whether the minor used or possessed a deadly
25 weapon when committing the alleged offense.
26 In considering these factors, the court shall give
27 greater weight to the seriousness of the alleged offense and
28 the minor's prior record of delinquency than to other factors
29 listed in this subsection.
30 (2) Procedures for extended jurisdiction juvenile
31 prosecutions.
32 (a) The State's Attorney may file a written motion
33 for a proceeding to be designated as an extended juvenile
34 jurisdiction prior to commencement of trial. Notice of
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1 the motion shall be in compliance with Section 5-530.
2 When the State's Attorney files a written motion that a
3 proceeding be designated an extended jurisdiction
4 juvenile prosecution, the court shall commence a hearing
5 within 30 days of the filing of the motion for
6 designation, unless good cause is shown by the
7 prosecution or the minor as to why the hearing could not
8 be held within this time period. If the court finds good
9 cause has been demonstrated, then the hearing shall be
10 held within 60 days of the filing of the motion. The
11 hearings shall be open to the public unless the judge
12 finds that the hearing should be closed for the
13 protection of any party, victim or witness. If the
14 Juvenile Judge assigned to hear and determine a motion to
15 designate an extended jurisdiction juvenile prosecution
16 determines that there is probable cause to believe that
17 the allegations in the petition and motion are true the
18 court shall grant the motion for designation.
19 Information used by the court in its findings or stated
20 in or offered in connection with this Section may be by
21 way of proffer based on reliable information offered by
22 the State or the minor. All evidence shall be admissible
23 if it is relevant and reliable regardless of whether it
24 would be admissible under the rules of evidence.
25 (3) Trial. A minor who is subject of an extended
26 jurisdiction juvenile prosecution has the right to trial by
27 jury. Any trial under this Section shall be open to the
28 public.
29 (4) Sentencing. If an extended jurisdiction juvenile
30 prosecution under subsections (1) results in a guilty plea, a
31 verdict of guilty, or a finding of guilt, the court shall
32 impose the following:
33 (i) one or more juvenile sentences under Section
34 5-710; and
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1 (ii) an adult criminal sentence in accordance with
2 the provisions of Chapter V of the Unified Code of
3 Corrections, the execution of which shall be stayed on
4 the condition that the offender not violate the
5 provisions of the juvenile sentence.
6 Any sentencing hearing under this Section shall be open to
7 the public.
8 (5) If, after an extended jurisdiction juvenile
9 prosecution trial, a minor is convicted of a lesser-included
10 offense or of an offense that the State's Attorney did not
11 designate as an extended jurisdiction juvenile prosecution,
12 the State's Attorney may file a written motion, within 10
13 days of the finding of guilt, that the minor be sentenced as
14 an extended jurisdiction juvenile prosecution offender. The
15 court shall rule on this motion using the factors found in
16 paragraph (1) (b) of Section 5-805. If the court denies the
17 State's Attorney's motion for sentencing under the extended
18 jurisdiction juvenile prosecution provision, the court shall
19 proceed to sentence the minor under Section 5-710.
20 (6) When it appears that a minor convicted in an
21 extended jurisdiction juvenile prosecution under subsection
22 (1) has violated the conditions of his or her sentence, or is
23 alleged to have committed a new offense upon the filing of a
24 petition to revoke the stay, the court may, without notice,
25 issue a warrant for the arrest of the minor. After a hearing,
26 if the court finds by a preponderance of the evidence that
27 the minor committed a new offense, the court shall order
28 execution of the previously imposed adult criminal sentence.
29 After a hearing, if the court finds by a preponderance of the
30 evidence that the minor committed a violation of his or her
31 sentence other than by a new offense, the court may order
32 execution of the previously imposed adult criminal sentence
33 or may continue him or her on the existing juvenile sentence
34 with or without modifying or enlarging the conditions. Upon
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1 revocation of the stay of the adult criminal sentence and
2 imposition of that sentence, the minor's extended
3 jurisdiction juvenile status shall be terminated. The
4 on-going jurisdiction over the minor's case shall be assumed
5 by the adult criminal court and juvenile court jurisdiction
6 shall be terminated and a report of the imposition of the
7 adult sentence shall be sent to the Department of State
8 Police.
9 (7) Upon successful completion of the juvenile sentence
10 the court shall vacate the adult criminal sentence.
11 (8) Nothing in this Section precludes the State from
12 filing a motion for transfer under Section 5-805.
13 (Source: P.A. 90-590, eff. 1-1-99.)
14 (705 ILCS 405/5-815)
15 Sec. 5-815. Habitual Juvenile Offender.
16 (a) Definition. Any minor having been twice adjudicated
17 a delinquent minor for offenses which, had he been prosecuted
18 as an adult, would have been felonies under the laws of this
19 State, and who is thereafter adjudicated a delinquent minor
20 for a third time shall be adjudged an Habitual Juvenile
21 Offender where:
22 1. the third adjudication is for an offense
23 occurring after adjudication on the second; and
24 2. the second adjudication was for an offense
25 occurring after adjudication on the first; and
26 3. the third offense occurred after January 1,
27 1980; and
28 4. the third offense was based upon the commission
29 of or attempted commission of the following offenses:
30 first degree murder, second degree murder or involuntary
31 manslaughter; criminal sexual assault or aggravated
32 criminal sexual assault; aggravated or heinous battery
33 involving permanent disability or disfigurement or great
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1 bodily harm to the victim; burglary of a home or other
2 residence intended for use as a temporary or permanent
3 dwelling place for human beings; home invasion; robbery
4 or armed robbery; or aggravated arson.
5 Nothing in this Section shall preclude the State's
6 Attorney from seeking to prosecute a minor as an adult as an
7 alternative to prosecution as an habitual juvenile offender.
8 A continuance under supervision authorized by Section
9 5-615 of this Act shall not be permitted under this Section.
10 (b) Notice to minor. The State shall serve upon the
11 minor written notice of intention to prosecute under the
12 provisions of this Section within 5 judicial days of the
13 filing of any delinquency petition, adjudication upon which
14 would mandate the minor's disposition as an Habitual Juvenile
15 Offender.
16 (c) Petition; service. A notice to seek adjudication as
17 an Habitual Juvenile Offender shall be filed only by the
18 State's Attorney.
19 The petition upon which such Habitual Juvenile Offender
20 notice is based shall contain the information and averments
21 required for all other delinquency petitions filed under this
22 Act and its service shall be according to the provisions of
23 this Act.
24 No prior adjudication shall be alleged in the petition.
25 (d) Trial. Trial on such petition shall be by jury
26 unless the minor demands, in open court and with advice of
27 counsel, a trial by the court without jury.
28 Except as otherwise provided herein, the provisions of
29 this Act concerning delinquency proceedings generally shall
30 be applicable to Habitual Juvenile Offender proceedings.
31 (e) Proof of prior adjudications. No evidence or other
32 disclosure of prior adjudications shall be presented to the
33 court or jury during any adjudicatory hearing provided for
34 under this Section unless otherwise permitted by the issues
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1 properly raised in such hearing. In the event the minor who
2 is the subject of these proceedings elects to testify on his
3 own behalf, it shall be competent to introduce evidence, for
4 purposes of impeachment, that he has previously been
5 adjudicated a delinquent minor upon facts which, had he been
6 tried as an adult, would have resulted in his conviction of a
7 felony or of any offense that involved dishonesty or false
8 statement. Introduction of such evidence shall be according
9 to the rules and procedures applicable to the impeachment of
10 an adult defendant by prior conviction.
11 After an admission of the facts in the petition or
12 adjudication of delinquency, the State's Attorney may file
13 with the court a verified written statement signed by the
14 State's Attorney concerning any prior adjudication of an
15 offense set forth in subsection (a) of this Section which
16 offense would have been a felony or of any offense that
17 involved dishonesty or false statement had the minor been
18 tried as an adult.
19 The court shall then cause the minor to be brought before
20 it; shall inform him of the allegations of the statement so
21 filed, and of his right to a hearing before the court on the
22 issue of such prior adjudication and of his right to counsel
23 at such hearing; and unless the minor admits such
24 adjudication, the court shall hear and determine such issue,
25 and shall make a written finding thereon.
26 A duly authenticated copy of the record of any such
27 alleged prior adjudication shall be prima facie evidence of
28 such prior adjudication or of any offense that involved
29 dishonesty or false statement.
30 Any claim that a previous adjudication offered by the
31 State's Attorney is not a former adjudication of an offense
32 which, had the minor been prosecuted as an adult, would have
33 resulted in his conviction of a felony or of any offense
34 that involved dishonesty or false statement, is waived unless
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1 duly raised at the hearing on such adjudication, or unless
2 the State's Attorney's proof shows that such prior
3 adjudication was not based upon proof of what would have been
4 a felony.
5 (f) Disposition. If the court finds that the
6 prerequisites established in subsection (a) of this Section
7 have been proven, it shall adjudicate the minor an Habitual
8 Juvenile Offender and commit him to the Department of
9 Corrections, Juvenile Division, until his 21st birthday,
10 without possibility of parole, furlough, or non-emergency
11 authorized absence. However, the minor shall be entitled to
12 earn one day of good conduct credit for each day served as
13 reductions against the period of his confinement. Such good
14 conduct credits shall be earned or revoked according to the
15 procedures applicable to the allowance and revocation of good
16 conduct credit for adult prisoners serving determinate
17 sentences for felonies.
18 For purposes of determining good conduct credit,
19 commitment as an Habitual Juvenile Offender shall be
20 considered a determinate commitment, and the difference
21 between the date of the commitment and the minor's 21st
22 birthday shall be considered the determinate period of his
23 confinement.
24 (Source: P.A. 90-590, eff. 1-1-99.)
25 (705 ILCS 405/5-820)
26 Sec. 5-820. Violent Juvenile Offender.
27 (a) Definition. A minor having been previously
28 adjudicated a delinquent minor for an offense which, had he
29 or she been prosecuted as an adult, would have been a Class 2
30 or greater felony involving the use or threat of physical
31 force or violence against an individual or a Class 2 or
32 greater felony for which an element of the offense is
33 possession or use of a firearm, and who is thereafter
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1 adjudicated a delinquent minor for a second time for any of
2 those offenses shall be adjudicated a Violent Juvenile
3 Offender if:
4 (1) The second adjudication is for an offense
5 occurring after adjudication on the first; and
6 (2) The second offense occurred on or after January
7 1, 1995.
8 (b) Notice to minor. The State shall serve upon the
9 minor written notice of intention to prosecute under the
10 provisions of this Section within 5 judicial days of the
11 filing of a delinquency petition, adjudication upon which
12 would mandate the minor's disposition as a Violent Juvenile
13 Offender.
14 (c) Petition; service. A notice to seek adjudication as
15 a Violent Juvenile Offender shall be filed only by the
16 State's Attorney.
17 The petition upon which the Violent Juvenile Offender
18 notice is based shall contain the information and averments
19 required for all other delinquency petitions filed under this
20 Act and its service shall be according to the provisions of
21 this Act.
22 No prior adjudication shall be alleged in the petition.
23 (d) Trial. Trial on the petition shall be by jury
24 unless the minor demands, in open court and with advice of
25 counsel, a trial by the court without a jury.
26 Except as otherwise provided in this Section, the
27 provisions of this Act concerning delinquency proceedings
28 generally shall be applicable to Violent Juvenile Offender
29 proceedings.
30 (e) Proof of prior adjudications. No evidence or other
31 disclosure of prior adjudications shall be presented to the
32 court or jury during an adjudicatory hearing provided for
33 under this Section unless otherwise permitted by the issues
34 properly raised in that hearing. In the event the minor who
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1 is the subject of these proceedings elects to testify on his
2 or her own behalf, it shall be competent to introduce
3 evidence, for purposes of impeachment, that he or she has
4 previously been adjudicated a delinquent minor upon facts
5 which, had the minor been tried as an adult, would have
6 resulted in the minor's conviction of a felony or of any
7 offense that involved dishonesty or false statement.
8 Introduction of such evidence shall be according to the rules
9 and procedures applicable to the impeachment of an adult
10 defendant by prior conviction.
11 After an admission of the facts in the petition or
12 adjudication of delinquency, the State's Attorney may file
13 with the court a verified written statement signed by the
14 State's Attorney concerning any prior adjudication of an
15 offense set forth in subsection (a) of this Section that
16 would have been a felony or of any offense that involved
17 dishonesty or false statement had the minor been tried as an
18 adult.
19 The court shall then cause the minor to be brought before
20 it; shall inform the minor of the allegations of the
21 statement so filed, of his or her right to a hearing before
22 the court on the issue of the prior adjudication and of his
23 or her right to counsel at the hearing; and unless the minor
24 admits the adjudication, the court shall hear and determine
25 the issue, and shall make a written finding of the issue.
26 A duly authenticated copy of the record of any alleged
27 prior adjudication shall be prima facie evidence of the prior
28 adjudication or of any offense that involved dishonesty or
29 false statement.
30 Any claim that a previous adjudication offered by the
31 State's Attorney is not a former adjudication of an offense
32 which, had the minor been prosecuted as an adult, would have
33 resulted in his or her conviction of a Class 2 or greater
34 felony involving the use or threat of force or violence, or a
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1 firearm, a felony or of any offense that involved dishonesty
2 or false statement is waived unless duly raised at the
3 hearing on the adjudication, or unless the State's Attorney's
4 proof shows that the prior adjudication was not based upon
5 proof of what would have been a felony.
6 (f) Disposition. If the court finds that the
7 prerequisites established in subsection (a) of this Section
8 have been proven, it shall adjudicate the minor a Violent
9 Juvenile Offender and commit the minor to the Department of
10 Corrections, Juvenile Division, until his or her 21st
11 birthday, without possibility of parole, furlough, or
12 non-emergency authorized absence. However, the minor shall
13 be entitled to earn one day of good conduct credit for each
14 day served as reductions against the period of his or her
15 confinement. The good conduct credits shall be earned or
16 revoked according to the procedures applicable to the
17 allowance and revocation of good conduct credit for adult
18 prisoners serving determinate sentences for felonies.
19 For purposes of determining good conduct credit,
20 commitment as a Violent Juvenile Offender shall be considered
21 a determinate commitment, and the difference between the date
22 of the commitment and the minor's 21st birthday shall be
23 considered the determinate period of his or her confinement.
24 (g) Nothing in this Section shall preclude the State's
25 Attorney from seeking to prosecute a minor as a habitual
26 juvenile offender or as an adult as an alternative to
27 prosecution as a Violent Juvenile Offender.
28 (h) A continuance under supervision authorized by
29 Section 5-615 of this Act shall not be permitted under this
30 Section.
31 (Source: P.A. 90-590, eff. 1-1-99.)
32 PART 9. CONFIDENTIALITY OF RECORDS AND EXPUNGEMENTS
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1 (705 ILCS 405/5-901)
2 Sec. 5-901. Court file.
3 (1) The Court file with respect to proceedings under
4 this Article shall consist of the petitions, pleadings,
5 victim impact statements, process, service of process,
6 orders, writs and docket entries reflecting hearings held and
7 judgments and decrees entered by the court. The court file
8 shall be kept separate from other records of the court.
9 (a) The file, including information identifying the
10 victim or alleged victim of any sex offense, shall be
11 disclosed only to the following parties when necessary
12 for discharge of their official duties:
13 (i) A judge of the circuit court and members
14 of the staff of the court designated by the judge;
15 (ii) Parties to the proceedings and their
16 attorneys;
17 (iii) Victims and their attorneys, except in
18 cases of multiple victims of sex offenses in which
19 case the information identifying the nonrequesting
20 victims shall be redacted;
21 (iv) Probation officers, law enforcement
22 officers or prosecutors or their staff;
23 (v) Adult and juvenile Prisoner Review Boards.
24 (b) The Court file redacted to remove any
25 information identifying the victim or alleged victim of
26 any sex offense shall be disclosed only to the following
27 parties when necessary for discharge of their official
28 duties:
29 (i) Authorized military personnel;
30 (ii) Persons engaged in bona fide research,
31 with the permission of the judge of the juvenile
32 court and the chief executive of the agency that
33 prepared the particular recording: provided that
34 publication of such research results in no
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1 disclosure of a minor's identity and protects the
2 confidentiality of the record;
3 (iii) The Secretary of State to whom the Clerk
4 of the Court shall report the disposition of all
5 cases, as required in Section 6-204 or Section
6 6-205.1 of the Illinois Vehicle Code. However,
7 information reported relative to these offenses
8 shall be privileged and available only to the
9 Secretary of State, courts, and police officers;
10 (iv) The administrator of a bonafide substance
11 abuse student assistance program with the permission
12 of the presiding judge of the juvenile court;
13 (v) Any individual, or any public or private
14 agency or institution, having custody of the
15 juvenile under court order or providing educational,
16 medical or mental health services to the juvenile or
17 a court-approved advocate for the juvenile or any
18 placement provider or potential placement provider
19 as determined by the court.
20 (3) A minor who is the victim or alleged victim in a
21 juvenile proceeding shall be provided the same
22 confidentiality regarding disclosure of identity as the minor
23 who is the subject of record. Information identifying victims
24 and alleged victims of sex offenses, shall not be disclosed
25 or open to public inspection under any circumstances. Nothing
26 in this Section shall prohibit the victim or alleged victim
27 of any sex offense from voluntarily disclosing his or her
28 identity.
29 (4) Relevant information, reports and records shall be
30 made available to the Department of Corrections when a
31 juvenile offender has been placed in the custody of the
32 Department of Corrections, Juvenile Division.
33 (5) Except as otherwise provided in this subsection (5),
34 juvenile court records shall not be made available to the
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1 general public but may be inspected by representatives of
2 agencies, associations and news media or other properly
3 interested persons by general or special order of the court.
4 The State's Attorney, the minor, his or her parents, guardian
5 and counsel shall at all times have the right to examine
6 court files and records.
7 (a) The court shall allow the general public to
8 have access to the name, address, and offense of a minor
9 who is adjudicated a delinquent minor under this Act
10 under either of the following circumstances:
11 (i) The adjudication of delinquency was based
12 upon the minor's commission of first degree murder,
13 attempt to commit first degree murder, aggravated
14 criminal sexual assault, or criminal sexual assault;
15 or
16 (ii) The court has made a finding that the
17 minor was at least 13 years of age at the time the
18 act was committed and the adjudication of
19 delinquency was based upon the minor's commission
20 of: (A) an act in furtherance of the commission of a
21 felony as a member of or on behalf of a criminal
22 street gang, (B) an act involving the use of a
23 firearm in the commission of a felony, (C) an act
24 that would be a Class X felony offense under or the
25 minor's second or subsequent Class 2 or greater
26 felony offense under the Cannabis Control Act if
27 committed by an adult, (D) an act that would be a
28 second or subsequent offense under Section 402 of
29 the Illinois Controlled Substances Act if committed
30 by an adult, or (E) an act that would be an offense
31 under Section 401 of the Illinois Controlled
32 Substances Act if committed by an adult.
33 (b) The court shall allow the general public to
34 have access to the name, address, and offense of a minor
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1 who is at least 13 years of age at the time the offense
2 is committed and who is convicted, in criminal
3 proceedings permitted or required under Section 5-805,
4 under either of the following circumstances:
5 (i) The minor has been convicted of first
6 degree murder, attempt to commit first degree
7 murder, aggravated criminal sexual assault, or
8 criminal sexual assault,
9 (ii) The court has made a finding that the
10 minor was at least 13 years of age at the time the
11 offense was committed and the conviction was based
12 upon the minor's commission of: (A) an offense in
13 furtherance of the commission of a felony as a
14 member of or on behalf of a criminal street gang,
15 (B) an offense involving the use of a firearm in the
16 commission of a felony, (C) a Class X felony offense
17 under the Cannabis Control Act or a second or
18 subsequent Class 2 or greater felony offense under
19 the Cannabis Control Act, (D) a second or subsequent
20 offense under Section 402 of the Illinois Controlled
21 Substances Act, or (E) an offense under Section 401
22 of the Illinois Controlled Substances Act.
23 (6) Nothing in this Section shall be construed to limit
24 the use of a adjudication of delinquency as evidence in any
25 juvenile or criminal proceeding, where it would otherwise be
26 admissible under the rules of evidence, including but not
27 limited to, use as impeachment evidence against any witness,
28 including the minor if he or she testifies.
29 (7) Nothing in this Section shall affect the right of a
30 Civil Service Commission or appointing authority examining
31 the character and fitness of an applicant for a position as a
32 law enforcement officer to ascertain whether that applicant
33 was ever adjudicated to be a delinquent minor and, if so, to
34 examine the records or evidence which were made in
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1 proceedings under this Act.
2 (8) Following any adjudication of delinquency for a
3 crime which would be a felony if committed by an adult, or
4 following any adjudication of delinquency for a violation of
5 Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of
6 1961, the State's Attorney shall ascertain whether the minor
7 respondent is enrolled in school and, if so, shall provide a
8 copy of the sentencing order to the principal or chief
9 administrative officer of the school. Access to such
10 juvenile records shall be limited to the principal or chief
11 administrative officer of the school and any guidance
12 counselor designated by him or her.
13 (9) Nothing contained in this Act prevents the sharing
14 or disclosure of information or records relating or
15 pertaining to juveniles subject to the provisions of the
16 Serious Habitual Offender Comprehensive Action Program when
17 that information is used to assist in the early
18 identification and treatment of habitual juvenile offenders.
19 (11) The Clerk of the Circuit Court shall report to the
20 Department of State Police, in the form and manner required
21 by the Department of State Police, the final disposition of
22 each minor who has been arrested or taken into custody before
23 his or her 17th birthday for those offenses required to be
24 reported under Section 5 of the Criminal Identification Act.
25 Information reported to the Department under this Section may
26 be maintained with records that the Department files under
27 Section 2.1 of the Criminal Identification Act.
28 (12) Information or records may be disclosed to the
29 general public when the court is conducting hearings under
30 Section 5-805 or 5-810.
31 (Source: P.A. 90-590, eff. 1-1-99.)
32 (705 ILCS 405/5-905)
33 Sec. 5-905. Law enforcement records.
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1 (1) Law Enforcement Records. Inspection and copying of
2 law enforcement records maintained by law enforcement
3 agencies that relate to a minor who has been arrested or
4 taken into custody before his or her 17th birthday shall be
5 restricted to the following and when necessary for the
6 discharge of their official duties:
7 (a) A judge of the circuit court and members of the
8 staff of the court designated by the judge;
9 (b) Law enforcement officers, probation officers or
10 prosecutors or their staff;
11 (c) The minor, the minor's parents or legal
12 guardian and their attorneys, but only when the juvenile
13 has been charged with an offense;
14 (d) Adult and Juvenile Prisoner Review Boards;
15 (e) Authorized military personnel;
16 (f) Persons engaged in bona fide research, with the
17 permission of the judge of juvenile court and the chief
18 executive of the agency that prepared the particular
19 recording: provided that publication of such research
20 results in no disclosure of a minor's identity and
21 protects the confidentiality of the record;
22 (g) Individuals responsible for supervising or
23 providing temporary or permanent care and custody of
24 minors pursuant to orders of the juvenile court or
25 directives from officials of the Department of Children
26 and Family Services or the Department of Human Services
27 who certify in writing that the information will not be
28 disclosed to any other party except as provided under law
29 or order of court;
30 (h) The appropriate school official. Inspection
31 and copying shall be limited to law enforcement records
32 transmitted to the appropriate school official by a local
33 law enforcement agency under a reciprocal reporting
34 system established and maintained between the school
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1 district and the local law enforcement agency under
2 Section 10-20.14 of the School Code concerning a minor
3 enrolled in a school within the school district who has
4 been arrested for any offense classified as a felony or a
5 Class A or B misdemeanor.
6 (2) Information identifying victims and alleged victims
7 of sex offenses, shall not be disclosed or open to public
8 inspection under any circumstances. Nothing in this Section
9 shall prohibit the victim or alleged victim of any sex
10 offense from voluntarily disclosing his or her identity.
11 (3) Relevant information, reports and records shall be
12 made available to the Department of Corrections when a
13 juvenile offender has been placed in the custody of the
14 Department of Corrections, Juvenile Division.
15 (4) Nothing in this Section shall prohibit the
16 inspection or disclosure to victims and witnesses of
17 photographs contained in the records of law enforcement
18 agencies when the inspection or disclosure is conducted in
19 the presence of a law enforcement officer for purposes of
20 identification or apprehension of any person in the course of
21 any criminal investigation or prosecution.
22 (5) The records of law enforcement officers concerning
23 all minors under 17 years of age must be maintained separate
24 from the records of adults and may not be open to public
25 inspection or their contents disclosed to the public except
26 by order of the court or when the institution of criminal
27 proceedings has been permitted under Section 5-130 or 5-805
28 or required under Section 5-130 or 5-805 or such a person has
29 been convicted of a crime and is the subject of pre-sentence
30 investigation or when provided by law.
31 (6) Except as otherwise provided in this subsection (6),
32 law enforcement officers may not disclose the identity of any
33 minor in releasing information to the general public as to
34 the arrest, investigation or disposition of any case
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1 involving a minor. Any victim or parent or legal guardian of
2 a victim may petition the court to disclose the name and
3 address of the minor and the minor's parents or legal
4 guardian, or both. Upon a finding by clear and convincing
5 evidence that the disclosure is either necessary for the
6 victim to pursue a civil remedy against the minor or the
7 minor's parents or legal guardian, or both, or to protect the
8 victim's person or property from the minor, then the court
9 may order the disclosure of the information to the victim or
10 to the parent or legal guardian of the victim only for the
11 purpose of the victim pursuing a civil remedy against the
12 minor or the minor's parents or legal guardian, or both, or
13 to protect the victim's person or property from the minor.
14 (7) Nothing contained in this Section shall prohibit law
15 enforcement agencies when acting in their official capacity
16 from communicating with each other by letter, memorandum,
17 teletype or intelligence alert bulletin or other means the
18 identity or other relevant information pertaining to a person
19 under 17 years of age. The information provided under this
20 subsection (7) shall remain confidential and shall not be
21 publicly disclosed, except as otherwise allowed by law.
22 (8) No person shall disclose information under this
23 Section except when acting in his or her official capacity
24 and as provided by law or order of court.
25 (Source: P.A. 90-590, eff. 1-1-99; 91-479, eff. 1-1-00.)
26 (705 ILCS 405/5-910)
27 Sec. 5-910. Social, psychological and medical records.
28 (1) The social investigation, psychological and medical
29 records of any juvenile offender shall be privileged and
30 shall not be disclosed except:
31 (a) upon the written consent of the former juvenile
32 or, if the juvenile offender is under 18 years of age, by
33 the parent of the juvenile; or
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1 (b) upon a determination by the head of the
2 treatment facility, who has the records, that disclosure
3 to another individual or facility providing treatment to
4 the minor is necessary for the further treatment of the
5 juvenile offender; or
6 (c) when any court having jurisdiction of the
7 juvenile offender orders disclosure; or
8 (d) when requested by any attorney representing the
9 juvenile offender, but the records shall not be further
10 disclosed by the attorney unless approved by the court or
11 presented as admissible evidence; or
12 (e) upon a written request of a juvenile probation
13 officer in regard to an alleged juvenile offender when
14 the information is needed for screening and assessment
15 purposes, for preparation of a social investigation or
16 presentence investigation, or placement decisions; but
17 the records shall not be further disclosed by the
18 probation officer unless approved by the court; or
19 (f) when the State's Attorney requests a copy of
20 the social investigation for use at a sentencing hearing
21 or upon written request of the State's Attorney for
22 psychological or medical records when the minor contests
23 his fitness for trial or relies on an affirmative defense
24 of intoxication or insanity.
25 (2) Willful violation of this Section is a Class C
26 misdemeanor.
27 (3) Nothing in this Section shall operate to extinguish
28 any rights of a juvenile offender established by
29 attorney-client, physician-patient, psychologist-client or
30 social worker-client privileges except as otherwise provided
31 by law.
32 (Source: P.A. 90-590, eff. 1-1-99.)
33 (705 ILCS 405/5-915)
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1 Sec. 5-915. Expungement of law enforcement and juvenile
2 court records.
3 (1) Whenever any person has attained the age of 17 or
4 whenever all juvenile court proceedings relating to that
5 person have been terminated, whichever is later, the person
6 may petition the court to expunge law enforcement records
7 relating to incidents occurring before his or her 17th
8 birthday or his or her juvenile court records, or both, but
9 only in the following circumstances:
10 (a) the minor was arrested and no petition for
11 delinquency was filed with the clerk of the circuit
12 court; or
13 (b) the minor was charged with an offense and was
14 found not delinquent of that offense; or
15 (c) the minor was placed under supervision pursuant
16 to Section 5-615, and the order of supervision has since
17 been successfully terminated; or
18 (d) the minor was adjudicated for an offense which
19 would be a Class B misdemeanor if committed by an adult.
20 (2) Any person may petition the court to expunge all law
21 enforcement records relating to any incidents occurring
22 before his or her 17th birthday which did not result in
23 proceedings in criminal court and all juvenile court records
24 with respect to any adjudications except those based upon
25 first degree murder and sex offenses which would be felonies
26 if committed by an adult, if the person for whom expungement
27 is sought has had no convictions for any crime since his or
28 her 17th birthday and:
29 (a) has attained the age of 21 years; or
30 (b) 5 years have elapsed since all juvenile court
31 proceedings relating to him or her have been terminated
32 or his or her commitment to the Department of
33 Corrections, Juvenile Division pursuant to this Act has
34 been terminated;
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1 whichever is later of (a) or (b).
2 (3) The chief judge of the circuit in which an arrest
3 was made or a charge was brought or any judge of that circuit
4 designated by the chief judge may, upon verified petition of
5 a person who is the subject of an arrest or a juvenile court
6 proceeding under subsection (1) or (2) of this Section, order
7 the law enforcement records or official court file, or both,
8 to be expunged from the official records of the arresting
9 authority, the clerk of the circuit court and the Department
10 of State Police. Notice of the petition shall be served upon
11 the State's Attorney and upon the arresting authority which
12 is the subject of the petition for expungement.
13 (4) Upon entry of an order expunging records or files,
14 the offense, which the records or files concern shall be
15 treated as if it never occurred. Law enforcement officers and
16 other public offices and agencies shall properly reply on
17 inquiry that no record or file exists with respect to the
18 person.
19 (5) Records which have not been expunged are sealed, and
20 may be obtained only under the provisions of Sections 5-901,
21 5-905 and 5-915.
22 (6) Nothing in this Section shall be construed to
23 prohibit the maintenance of information relating to an
24 offense after records or files concerning the offense have
25 been expunged if the information is kept in a manner that
26 does not enable identification of the offender. This
27 information may only be used for statistical and bona fide
28 research purposes.
29 (Source: P.A. 90-590, eff. 1-1-99.)
30 Section 95. No acceleration or delay. Where this Act
31 makes changes in a statute that is represented in this Act by
32 text that is not yet or no longer in effect (for example, a
33 Section represented by multiple versions), the use of that
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1 text does not accelerate or delay the taking effect of (i)
2 the changes made by this Act or (ii) provisions derived from
3 any other Public Act.
4 Section 96. Severability. The provisions of this Act
5 are severable under Section 1.31 of the Statute on Statutes.
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 705 ILCS 405/5-101
4 705 ILCS 405/5-105
5 705 ILCS 405/5-110
6 705 ILCS 405/5-115
7 705 ILCS 405/5-120
8 705 ILCS 405/5-125
9 705 ILCS 405/5-130
10 705 ILCS 405/5-135
11 705 ILCS 405/5-140
12 705 ILCS 405/5-145
13 705 ILCS 405/5-150
14 705 ILCS 405/5-155
15 705 ILCS 405/5-201
16 705 ILCS 405/5-300
17 705 ILCS 405/5-301
18 705 ILCS 405/5-305
19 705 ILCS 405/5-310
20 705 ILCS 405/5-315
21 705 ILCS 405/5-325
22 705 ILCS 405/5-330
23 705 ILCS 405/5-401
24 705 ILCS 405/5-405
25 705 ILCS 405/5-410
26 705 ILCS 405/5-407
27 705 ILCS 405/5-415
28 705 ILCS 405/5-501
29 705 ILCS 405/5-505
30 705 ILCS 405/5-510
31 705 ILCS 405/5-515
32 705 ILCS 405/5-520
33 705 ILCS 405/5-525
34 705 ILCS 405/5-530
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1 705 ILCS 405/5-601
2 705 ILCS 405/5-605
3 705 ILCS 405/5-610
4 705 ILCS 405/5-615
5 705 ILCS 405/5-620
6 705 ILCS 405/5-625
7 705 ILCS 405/5-701
8 705 ILCS 405/5-705
9 705 ILCS 405/5-710
10 705 ILCS 405/5-715
11 705 ILCS 405/5-720
12 705 ILCS 405/5-725
13 705 ILCS 405/5-730
14 705 ILCS 405/5-735
15 705 ILCS 405/5-740
16 705 ILCS 405/5-745
17 705 ILCS 405/5-750
18 705 ILCS 405/5-755
19 705 ILCS 405/5-801
20 705 ILCS 405/5-805
21 705 ILCS 405/5-810
22 705 ILCS 405/5-815
23 705 ILCS 405/5-820
24 705 ILCS 405/5-901
25 705 ILCS 405/5-905
26 705 ILCS 405/5-910
27 705 ILCS 405/5-915