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(705 ILCS 405/5-305)
Sec. 5-305. Probation adjustment.
(1) The court may authorize the probation officer to confer in a
preliminary conference with a minor who is alleged to have committed an
offense, the minor's parent, guardian or legal custodian, the victim, the
juvenile police officer, the State's Attorney, and other interested
persons concerning the advisability of filing a petition under Section
5-520,
with a view to adjusting suitable cases without the filing of a petition as
provided for in this Article, the probation officer should schedule a
conference
promptly except when the State's Attorney insists on court action or when the
minor has indicated that the
minor will demand a judicial hearing and will not
comply
with a probation adjustment.
(1-b) In any case of a minor who is in custody, the holding of a
probation adjustment conference does not operate to prolong temporary custody
beyond the period permitted by Section 5-415.
(2) This Section does not authorize any probation officer to compel any
person to appear at any conference, produce any papers, or visit any place.
(3) No statement made during a preliminary conference in regard to the
offense that is the subject of the conference may be admitted into evidence at
an adjudicatory hearing or at any
proceeding against the minor under the criminal laws of this State prior to the minor's conviction under those laws.
(4) When a probation adjustment is appropriate, the probation officer shall
promptly formulate a written, non-judicial adjustment plan following the
initial conference.
(5) Non-judicial probation adjustment plans include but are not limited to
the following:
(a) up to 6 months informal supervision within the |
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(b) up to 12 months informal supervision with a
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| probation officer involved which may include any conditions of probation provided in Section 5-715;
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(c) up to 6 months informal supervision with release
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| to a person other than a parent;
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(d) referral to special educational, counseling, or
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| other rehabilitative social or educational programs;
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(e) referral to residential treatment programs;
(f) participation in a public or community service
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(g) any other appropriate action with the consent of
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(6) The factors to be considered by the probation officer in formulating a
non-judicial probation adjustment plan shall be the same as those limited in
subsection (4) of Section 5-405.
(7) Beginning January 1, 2000,
the probation officer who imposes a probation adjustment plan shall
assure
that information about an offense which would constitute a felony if committed
by an adult, and may assure that information about a misdemeanor offense, is
transmitted to the Illinois State Police.
(8) If the minor fails to comply with any term or condition of the non-judicial probation adjustment, the matter
shall be referred to the State's Attorney for determination of whether a petition under this Article shall be
filed.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
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