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(705 ILCS 405/4-13) (from Ch. 37, par. 804-13)
Sec. 4-13. Date for adjudicatory hearing. (a) (Blank).
(b)(1)(A) When a petition has been filed
alleging that the minor is an addict under this Article,
an adjudicatory hearing shall be held within 120
days of a demand made by any party, except that when the court determines
that the State, without success, has exercised due diligence to obtain
evidence material to the case and that there are reasonable grounds to
believe that such evidence may be obtained at a later date, the court may,
upon motion by the State, continue the adjudicatory hearing for not more
than 30 additional days.
The 120 day period in which an adjudicatory hearing shall be held is
tolled by: (i) delay occasioned by the minor; or (ii) a continuance allowed
pursuant to Section 114-4 of the Code of Criminal Procedure of 1963 after a
court's determination of the minor's physical incapacity for trial; or (iii) an
interlocutory appeal. Any such delay shall temporarily suspend for the
time of the delay the period within which the adjudicatory hearing must
be held. On the day of expiration of the delay, the said period shall
continue at the point at which it was suspended.
(B) When no such adjudicatory hearing is held within the time required
by paragraph (b)(1)(A) of this Section, the court shall,
upon motion by any party, dismiss the petition with prejudice.
(2) Without affecting the applicability of the tolling and multiple
prosecution provisions of paragraph (b) (1) of this Section, when a petition
has been filed alleging that the minor is an addict under this Article and
the minor is in shelter care, the
adjudicatory hearing shall be held within 10 judicial days after the date
of the order directing shelter care, or the earliest possible
date in compliance with the notice provisions of Sections 4-14 and 4-15 as
to the custodial parent, guardian or legal custodian, but no later than 30
judicial days from the date of the order of the court directing
shelter care.
(3) Any failure to comply with the time limits of paragraph (b)(2)
of this Section shall require the immediate release of the minor from shelter
care, and the time limits of paragraph (b)(1) shall apply.
(4) Nothing in this Section prevents the minor or the minor's parents or
guardian from exercising their respective rights to waive the time limits
set forth in this Section.
(Source: P.A. 103-22, eff. 8-8-23.)
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