(705 ILCS 405/4-23) (from Ch. 37, par. 804-23)
Sec. 4-23. Order of protection.
(1) The court may make an order of
protection in assistance of or as a
condition of any other order authorized by this Act. The order of
protection may set forth reasonable conditions of behavior to be observed
for a specified period. Such an order may require a person:
(a) To stay away from the home or the minor;
(b) To permit a parent to visit the minor at stated |
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(c) To abstain from offensive conduct against the
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| minor, the minor's parent or any person to whom custody of the minor is awarded;
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(d) To give proper attention to the care of the home;
(e) To cooperate in good faith with an agency to
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| which custody of a minor is entrusted by the court or with an agency or association to which the minor is referred by the court;
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(f) To prohibit and prevent any contact whatsoever
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| with the respondent minor by a specified individual or individuals who are alleged in either a criminal or juvenile proceeding to have caused injury to a respondent minor or a sibling of a respondent minor;
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(g) To refrain from acts of commission or omission
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| that tend to make the home not a proper place for the minor.
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(2) The court shall enter an order of protection
to prohibit and prevent any contact between a respondent minor
or a sibling of a respondent minor and any person named in a petition
seeking an order of protection who has been convicted of
heinous battery or aggravated battery under subdivision (a)(2) of Section 12-3.05,
aggravated battery of a child or aggravated battery under subdivision (b)(1) of Section 12-3.05, criminal sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child,
criminal sexual abuse, or aggravated criminal
sexual abuse as described in the Criminal Code of 1961 or the Criminal Code of 2012, or has been
convicted of an offense that resulted in the death of a child, or has
violated a previous order of protection under this Section.
(3) When the court issues an order of protection against any person as
provided by this Section, the court shall direct a copy of such order to
the Sheriff of that county. The Sheriff shall furnish a copy of the
order of protection to the Illinois State Police within 24
hours of
receipt, in the form and manner required by the Department. The Illinois State Police shall maintain a complete record and index of such orders
of protection and make this data available to all local law enforcement
agencies.
(4) After notice and opportunity for hearing afforded to a person
subject to an order of protection, the order may be modified or extended
for a further specified period or both or may be terminated if the court
finds that the best interests of the minor and the public will be served
thereby.
(5) An order of protection may be sought at any time during the course
of any proceeding conducted pursuant to this Act. Any person against whom
an order of protection is sought may retain counsel to represent the person at a
hearing, and has rights to be present at the hearing, to be informed prior
to the hearing in writing of the contents of the petition seeking a
protective order and of the date, place and time of such hearing, and to
cross examine witnesses called by the petitioner and to present witnesses
and argument in opposition to the relief sought in the petition.
(6) Diligent efforts shall be made by the petitioner to serve any person
or persons against whom any order of protection is sought with written
notice of the contents of the petition seeking a protective order and
of the date, place and time at
which the hearing on the petition is to be held. When a protective order
is being sought in conjunction with a shelter care hearing, if
the court finds that the person against whom the protective order is being
sought has been notified of the hearing or that diligent efforts have been
made to notify such person, the court may conduct a hearing. If a
protective order is sought at any time other than in conjunction with a
shelter care hearing, the court may not conduct a hearing on
the petition in the absence of the person against whom the order is sought
unless the petitioner has notified such person by personal service at least
3 days before the hearing or has sent written notice by first class
mail to such person's last known address at least 5 days before the hearing.
(7) A person against whom an order of protection is being sought who is
neither a parent, guardian, legal custodian or responsible relative as
described in Section 1-5 is not a party or respondent as defined in that
Section and shall not be entitled to the rights provided therein.
Such person does not have a right to appointed counsel or to be
present at any hearing other than the hearing in which the order of
protection is being sought or a hearing directly pertaining to that order.
Unless the court orders otherwise, such person does not have a right to
inspect the court file.
(8) All protective orders entered under this Section shall be in
writing. Unless the person against whom the order was obtained was present
in court when the order was issued,
the sheriff, other law enforcement official or special process server shall
promptly serve that order upon that person and file proof of such service,
in the manner provided for service of process in civil proceedings. The
person against whom the protective order was obtained may seek a
modification of the order by filing a written motion to modify the order
within 7 days after actual receipt by the person of a copy of the order.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
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(705 ILCS 405/4-25) (from Ch. 37, par. 804-25)
Sec. 4-25. Placement; legal custody or guardianship.
(1) If the court finds that the parents, guardian or legal custodian
of a minor adjudged a ward of the court are unfit or are unable, for
some reason other than financial circumstances alone, to care for,
protect, train or discipline the minor or are unwilling to do so, and that
appropriate services aimed at family preservation and family reunification
have been unsuccessful in rectifying the conditions which have led to
a finding of unfitness or inability to care for, protect, train or
discipline the minor, and that it is in the best interest of the minor to
take the minor from the custody of the minor's parents, guardian or custodian, the court may:
(a) place the minor in the custody of a suitable |
| relative or other person;
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(b) place the minor under the guardianship of a
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(c) commit the minor to an agency for care or
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| placement, except an institution under the authority of the Department of Corrections or of the Department of Children and Family Services;
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(d) commit the minor to some licensed training school
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(e) commit the minor to any appropriate institution
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| having among its purposes the care of delinquent children, including a child protective facility maintained by a Child Protection District serving the county from which commitment is made, but not including any institution under the authority of the Department of Corrections or of the Department of Children and Family Services.
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(2) When making such placement, the court, wherever possible, shall
select a person holding the same religious belief as that of the minor
or a private agency controlled by persons of like religious faith of the
minor and shall require the Department of Children and Family Services to
otherwise comply with Section 7 of the Children and Family Services Act in
placing the child. In addition, whenever alternative plans for placement are
available, the court shall ascertain and consider, to the extent
appropriate in the particular case, the views and preferences of the minor.
(3) When a minor is placed with a suitable relative or other person,
the court shall appoint the suitable relative or other person the legal custodian or guardian of the
person of the minor. When a minor is committed to any agency, the court
shall appoint the proper officer or representative thereof as legal
custodian or guardian of the person of the minor. Legal custodians and
guardians of the person of the minor have the respective rights and duties set
forth in subsection (9) of Section 1-3 except as otherwise provided by order
of the court; but no guardian of the person may consent to adoption of the
minor unless that authority is conferred upon the guardian in accordance with
Section 4-27. An agency whose representative is appointed guardian of the
person or legal custodian of the minor may place the minor in any child care
facility, but such facility must be licensed under the Child Care Act of
1969 or have been approved by the Department of Children and Family Services
as meeting the standards established for such licensing. After June 30,
1981, no agency may place a minor, if the minor is under age 13, in a child
care facility unless such placement is in compliance with the rules and
regulations for placement under Section 4-25 of this Act promulgated by the
Department of Children and Family Services under Section 5 of the
Children and Family Services Act. Like authority and restrictions shall be
conferred by the court upon any probation officer who has been appointed
guardian of the person of a minor.
(4) No placement by any probation officer or agency whose representative
is appointed guardian of the person or legal custodian of a minor may be
made in any out of State child care facility unless it complies with the
Interstate Compact on the Placement of Children.
(5) The clerk of the court shall issue to the legal custodian or
guardian of the person a certified copy of the order of the court, as proof
of the legal custodian's or guardian's authority. No other process is necessary as authority for the
keeping of the minor.
(6) Custody or guardianship granted under this Section continues until
the court otherwise directs, but not after the minor reaches the age of 19
years except as set forth in Section 4-29.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/4-28) (from Ch. 37, par. 804-28)
Sec. 4-28.
Notice to putative father.
1. Upon the written request to any Clerk of any Circuit Court by any
interested party, including persons intending to adopt a child, a child
welfare agency with whom the mother has placed or has given written
notice of her intention to place a child for adoption, the mother of a
child, or any attorney representing an interested party, a notice may be
served on a putative father in the same manner as Summons is served in
other proceedings under this Act, or in lieu of personal service,
service may be made as follows:
(a) The person requesting notice shall furnish to the |
| Clerk an original and one copy of a notice together with an Affidavit setting forth the putative father's last known address. The original notice shall be retained by the Clerk.
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(b) The Clerk forthwith shall mail to the putative
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| father, at the address appearing in the Affidavit, the copy of the notice, certified mail, return receipt requested; the envelope and return receipt shall bear the return address of the Clerk. The receipt for certified mail shall state the name and address of the addressee, and the date of mailing, and shall be attached to the original notice.
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(c) The return receipt, when returned to the Clerk,
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| shall be attached to the original notice, and shall constitute proof of service.
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(d) The Clerk shall note the fact of service in a
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2. The notice shall be signed by the Clerk, and may be served on the
putative father at any time after conception, and shall read as follows:
"IN THE MATTER OF NOTICE TO ....., PUTATIVE FATHER.
You have been identified as the father of a child born or expected to be born
on or about (insert date). The mother of said child is .....
The mother has indicated she intends to place the child for adoption
or otherwise have a judgment entered terminating her rights with respect
to such child.
As the alleged father of said child, you have certain legal rights
with respect to said child, including the right to notice of the filing
of proceedings instituted for the termination of your parental rights
regarding said child. If you wish to retain your rights with respect to
said child, you must file with the Clerk of this Circuit Court of .....
County, Illinois, whose address is ....., ....., Illinois, within 30 days
after the date of receipt of this notice, a declaration of paternity
stating that you are, in fact, the father of said child and that you
intend to retain your legal rights with respect to said child, or
request to be notified of any further proceedings with respect to
custody, termination of parental rights or adoption of the child.
If you do not file such a declaration of paternity, or a request for
notice, then whatever legal rights you have with respect to said child,
including the right to notice of any future proceedings for the adoption
of said child, may be terminated without any further notice to you. When
your legal rights with respect to said child are so terminated, you will
not be entitled to notice of any proceeding instituted for the adoption
of said child.
If you are not the father of said child, you may file with the Clerk
of this Court, a disclaimer of paternity which will be noted in the
Clerk's file and you will receive no further notice with respect to said
child.".
The disclaimer of paternity shall be substantially as follows:
"IN THE CIRCUIT COURT OF THE
.......... JUDICIAL CIRCUIT, ILLINOIS
.......... County
) ) ) No. ) )
DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE
AND CONSENT TO ADOPTION
I, .........., state as follows:
(1) That I am ..... years of age; and I reside at .......... in the County
of .........., State of ...........
(2) That I have been advised that .......... is the mother of a .....male
child named ..... born or expected to be born on or about ..... and
that such mother has stated that I am the father of this child.
(3) I deny that I am the father of this child.
(4) I further understand that the mother of this child wishes to consent
to the adoption of the child. I hereby consent to the adoption of this child,
and waive any rights, remedies and defenses that I may now or in the future
have as a result of the mother's allegation of the paternity of this child.
This consent is being given in order to facilitate the adoption of the child
and so that the court may terminate what rights I may have to the child
as a result of being named the father by the mother. This consent is not
in any manner an admission of paternity.
(5) I hereby enter my appearance in the above entitled cause and waive
service of summons and other pleading and consent to an immediate hearing
on a petition TO TERMINATE PARENTAL RIGHTS AND TO APPOINT A GUARDIAN WITH
THE POWER TO CONSENT TO THE ADOPTION OF THIS CHILD.
OATH
I have been duly sworn and I say under oath that I have read and understood
this Denial of Paternity With Entry of Appearance and Consent to Adoption.
The facts it contains are true and correct to the best of my knowledge,
and I understand that by signing this document I have not admitted paternity.
I have signed this document as my free and voluntary act in order to facilitate
the adoption of the child.
...........
(signature)
Dated (insert date). Signed and sworn before me on (insert date).
.................
(notary public)".
The names of adoptive parents, if any, shall not be included in the
notice.
3. If the putative father files a disclaimer of paternity, he shall be
deemed not to be the father of the child with respect to any adoption or
other proceeding held to terminate the rights of parents as respects
such child.
4. In the event the putative father does not file a declaration of
paternity of the child or request for notice within 30 days of service
of the above notice, he need not be made a party to or given notice of
any proceeding brought for the adoption of the child. An Order or
Judgment may be entered in such proceeding terminating all of his rights
with respect to said child without further notice to him.
5. If the putative father files a declaration of paternity or a request
for notice in accordance with subsection 2 with respect to the child, he
shall be given notice in the event any proceeding is brought for the
adoption of the child or for termination of parents' rights of the
child.
6. The Clerk shall maintain separate numbered files and records of
requests and proofs of service and all other documents filed pursuant to
this article. All such records shall be impounded.
(Source: P.A. 91-357, eff. 7-29-99.)
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(705 ILCS 405/5-101)
Sec. 5-101. Purpose and policy.
(1) It is the intent of the General Assembly to promote a juvenile justice
system
capable of dealing with the problem of juvenile delinquency, a system that will
protect the community, impose accountability for violations of law and equip
juvenile offenders with competencies to live responsibly and productively. To
effectuate this intent, the General Assembly declares the following to be
important
purposes of this Article:
(a) To protect citizens from juvenile crime.
(b) To hold each juvenile offender directly |
| accountable for the juvenile's acts.
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(c) To provide an individualized assessment of each
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| alleged and adjudicated delinquent juvenile, in order to rehabilitate and to prevent further delinquent behavior through the development of competency in the juvenile offender. As used in this Section, "competency" means the development of educational, vocational, social, emotional and basic life skills which enable a minor to mature into a productive member of society.
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(d) To provide due process, as required by the
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| Constitutions of the United States and the State of Illinois, through which each juvenile offender and all other interested parties are assured fair hearings at which legal rights are recognized and enforced.
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(2) To accomplish these goals, juvenile justice policies developed pursuant
to this Article shall be designed to:
(a) Promote the development and implementation of
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| community-based programs designed to prevent unlawful and delinquent behavior and to effectively minimize the depth and duration of the minor's involvement in the juvenile justice system;
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(b) Provide secure confinement for minors who present
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| a danger to the community and make those minors understand that sanctions for serious crimes, particularly violent felonies, should be commensurate with the seriousness of the offense and merit strong punishment;
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(c) Protect the community from crimes committed by
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(d) Provide programs and services that are
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| community-based and that are in close proximity to the minor's home;
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(e) Allow minors to reside within their homes
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| whenever possible and appropriate and provide support necessary to make this possible;
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(f) Base probation treatment planning upon individual
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(g) Include the minor's family in the case management
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(h) Provide supervision and service coordination
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| where appropriate; implement and monitor the case management plan in order to discourage recidivism;
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(i) Provide post-release services to minors who are
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| returned to their families and communities after detention;
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(j) Hold minors accountable for their unlawful
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| behavior and not allow minors to think that their delinquent acts have no consequence for themselves and others.
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(3) In all procedures under this Article, minors shall have all the
procedural rights of adults in criminal proceedings, unless specifically
precluded by laws that enhance the protection of such minors. Minors shall not
have the right to a jury trial unless specifically provided by this Article.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-105) Sec. 5-105. Definitions. As used in this Article: (1) "Aftercare release" means the conditional and |
| revocable release of an adjudicated delinquent juvenile committed to the Department of Juvenile Justice under the supervision of the Department of Juvenile Justice.
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(1.5) "Court" means the circuit court in a session or
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| division assigned to hear proceedings under this Act, and includes the term Juvenile Court.
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(2) "Community service" means uncompensated labor for
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| a community service agency as hereinafter defined.
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(2.5) "Community service agency" means a
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| not-for-profit organization, community organization, church, charitable organization, individual, public office, or other public body whose purpose is to enhance the physical or mental health of a delinquent minor or to rehabilitate the minor, or to improve the environmental quality or social welfare of the community which agrees to accept community service from juvenile delinquents and to report on the progress of the community service to the State's Attorney pursuant to an agreement or to the court or to any agency designated by the court or to the authorized diversion program that has referred the delinquent minor for community service.
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(3) "Delinquent minor" means any minor who prior to
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| the minor's 18th birthday has violated or attempted to violate an Illinois State, county, or municipal law or ordinance.
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(4) "Department" means the Department of Human
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| Services unless specifically referenced as another department.
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(5) "Detention" means the temporary care of a minor
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| who is alleged to be or has been adjudicated delinquent and who requires secure custody for the minor's own protection or the community's protection in a facility designed to physically restrict the minor's movements, pending disposition by the court or execution of an order of the court for placement or commitment. Design features that physically restrict movement include, but are not limited to, locked rooms and the secure handcuffing of a minor to a rail or other stationary object. In addition, "detention" includes the court ordered care of an alleged or adjudicated delinquent minor who requires secure custody pursuant to Section 5-125 of this Act.
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(6) "Diversion" means the referral of a juvenile,
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| without court intervention, into a program that provides services designed to educate the juvenile and develop a productive and responsible approach to living in the community.
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(7) "Juvenile detention home" means a public facility
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| with specially trained staff that conforms to the county juvenile detention standards adopted by the Department of Juvenile Justice.
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(8) "Juvenile justice continuum" means a set of
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| delinquency prevention programs and services designed for the purpose of preventing or reducing delinquent acts, including criminal activity by youth gangs, as well as intervention, rehabilitation, and prevention services targeted at minors who have committed delinquent acts, and minors who have previously been committed to residential treatment programs for delinquents. The term includes children-in-need-of-services and families-in-need-of-services programs; aftercare and reentry services; substance abuse and mental health programs; community service programs; community service work programs; and alternative-dispute resolution programs serving youth-at-risk of delinquency and their families, whether offered or delivered by State or local governmental entities, public or private for-profit or not-for-profit organizations, or religious or charitable organizations. This term would also encompass any program or service consistent with the purpose of those programs and services enumerated in this subsection.
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(9) "Juvenile police officer" means a sworn police
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| officer who has completed a Basic Recruit Training Course, has been assigned to the position of juvenile police officer by the officer's chief law enforcement officer and has completed the necessary juvenile officers training as prescribed by the Illinois Law Enforcement Training Standards Board, or in the case of a State police officer, juvenile officer training approved by the Director of the Illinois State Police.
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(10) "Minor" means a person under the age of 21 years
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(11) "Non-secure custody" means confinement where the
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| minor is not physically restricted by being placed in a locked cell or room, by being handcuffed to a rail or other stationary object, or by other means. "Non-secure custody" may include, but is not limited to, electronic monitoring, foster home placement, home confinement, group home placement, or physical restriction of movement or activity solely through facility staff.
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(12) "Public or community service" means
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| uncompensated labor for a not-for-profit organization or public body whose purpose is to enhance physical or mental stability of the offender, environmental quality or the social welfare and which agrees to accept public or community service from offenders and to report on the progress of the offender and the public or community service to the court or to the authorized diversion program that has referred the offender for public or community service. "Public or community service" does not include blood donation or assignment to labor at a blood bank. For the purposes of this Act, "blood bank" has the meaning ascribed to the term in Section 2-124 of the Illinois Clinical Laboratory and Blood Bank Act.
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(13) "Sentencing hearing" means a hearing to
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| determine whether a minor should be adjudged a ward of the court and to determine what sentence should be imposed on the minor. It is the intent of the General Assembly that the term "sentencing hearing" replace the term "dispositional hearing" and be synonymous with that definition as it was used in the Juvenile Court Act of 1987.
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(14) "Shelter" means the temporary care of a minor in
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| physically unrestricting facilities pending court disposition or execution of court order for placement.
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(15) "Site" means a not-for-profit organization,
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| public body, church, charitable organization, or individual agreeing to accept community service from offenders and to report on the progress of ordered or required public or community service to the court or to the authorized diversion program that has referred the offender for public or community service.
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(16) "Station adjustment" means the informal or
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| formal handling of an alleged offender by a juvenile police officer.
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(17) "Trial" means a hearing to determine whether the
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| allegations of a petition under Section 5-520 that a minor is delinquent are proved beyond a reasonable doubt. It is the intent of the General Assembly that the term "trial" replace the term "adjudicatory hearing" and be synonymous with that definition as it was used in the Juvenile Court Act of 1987.
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The changes made to this Section by Public Act 98-61 apply to violations or attempted violations committed on or after January 1, 2014 (the effective date of Public Act 98-61).
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23; 103-27, eff. 1-1-24; 103-605, eff. 7-1-24.)
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(705 ILCS 405/5-130)
Sec. 5-130. Excluded jurisdiction.
(1)(a) The definition of delinquent minor under Section 5-120 of this
Article shall not apply to any minor who at the time of an offense was at
least 16 years of age and who is charged with: (i) first degree murder, (ii) aggravated
criminal sexual assault, or (iii) aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05
where the minor personally discharged a firearm as defined in Section 2-15.5 of the Criminal Code of 1961 or the Criminal Code of 2012.
These charges and all other charges arising out of the same incident shall
be prosecuted under the criminal laws of this State.
(b)(i) If before trial or plea an information or indictment is filed that
does not charge an offense specified in paragraph (a) of this subsection
(1) the State's Attorney may proceed on any lesser charge or charges, but
only in Juvenile Court under the provisions of this Article. The State's
Attorney may proceed on a lesser charge if
before trial the minor defendant knowingly and with advice of counsel waives,
in writing, the minor's right to have the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or indictment is filed that
includes one or more charges specified in paragraph (a) of this subsection
(1) and
additional charges that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under the Criminal Code of
1961 or the Criminal Code of 2012.
(c)(i) If after trial or plea the minor is convicted of any offense
covered by paragraph (a) of this subsection (1), then, in sentencing the minor,
the court shall sentence the minor under Section 5-4.5-105 of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the minor committed an
offense not covered by paragraph (a) of this subsection (1), that finding shall
not invalidate the verdict or the prosecution of the minor under the criminal
laws of the State; however, unless the State requests a hearing for the
purpose of sentencing the minor under Chapter V of the Unified Code of
Corrections, the Court must proceed under Sections 5-705 and 5-710 of this
Article. To request a hearing, the State must file a written motion within 10
days following the entry of a finding or the return of a verdict. Reasonable
notice of the motion shall be given to the minor or the minor's counsel.
If the motion is made by the State, the court shall conduct a hearing to
determine if the minor should be sentenced under Chapter V of the Unified Code
of Corrections. In making its determination, the court shall consider among
other matters: (a) whether there is
evidence that the offense was committed in an aggressive and premeditated
manner; (b) the age of the minor; (c) the previous history of the
minor; (d) whether there are facilities particularly available to the Juvenile
Court or the Department of Juvenile Justice for the treatment
and rehabilitation of the minor; (e) whether
the security of the public requires sentencing under Chapter V of the
Unified Code of Corrections; and (f) whether the minor possessed a deadly
weapon when committing the offense. The rules of evidence shall be the same as
if at trial. If after the hearing the court finds that the minor should be
sentenced under Chapter V of the Unified Code of Corrections, then the court
shall sentence the minor under Section 5-4.5-105 of the Unified Code of Corrections.
(2) (Blank).
(3) (Blank).
(4) (Blank).
(5) (Blank).
(6) (Blank).
(7) The procedures set out in this Article for the investigation, arrest and
prosecution of juvenile offenders shall not apply to minors who are excluded
from jurisdiction of the Juvenile Court, except that minors under 18 years of
age shall be kept separate from confined adults.
(8) Nothing in this Act prohibits or limits the prosecution of any
minor for an offense committed on or after the minor's 18th birthday even though the minor
is at the time of the offense a ward of the court.
(9) If an original petition for adjudication of wardship alleges the
commission by a minor 13 years of age or
over of an act that constitutes a crime under the laws of this State,
the minor, with the consent of the minor's counsel, may, at any time before
commencement of the adjudicatory hearing, file with the court a motion
that criminal prosecution be ordered and that the petition be dismissed
insofar as the act or acts involved in the criminal proceedings are
concerned. If such a motion is filed as herein provided, the court shall
enter its order accordingly.
(10) If, prior to August 12, 2005 (the effective date of Public Act 94-574), a minor is charged with a violation of Section 401 of the Illinois Controlled Substances Act under the criminal laws of this State, other than a minor charged with a Class X felony violation of the
Illinois Controlled
Substances Act or the Methamphetamine Control and Community Protection Act, any party including the minor or the court sua sponte
may, before trial,
move for a hearing for the purpose of trying and sentencing the minor as
a delinquent minor. To request a hearing, the party must file a motion
prior to trial. Reasonable notice of the motion shall be given to all
parties. On its own motion or upon the filing of a motion by one of the
parties including the minor, the court shall conduct a hearing to
determine whether the minor should be tried and sentenced as a
delinquent minor under this Article. In making its determination, the
court shall consider among other matters:
(a) The age of the minor;
(b) Any previous delinquent or criminal history of |
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(c) Any previous abuse or neglect history of the
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(d) Any mental health or educational history of the
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(e) Whether there is probable cause to support the
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| charge, whether the minor is charged through accountability, and whether there is evidence the minor possessed a deadly weapon or caused serious bodily harm during the offense.
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Any material that is relevant and reliable shall be admissible at the
hearing. In
all cases, the judge shall enter an order permitting prosecution
under the criminal laws of Illinois unless the judge makes a finding
based on a preponderance of the evidence that the minor would be
amenable to the care, treatment, and training programs available
through the facilities of the juvenile court based on an evaluation of
the factors listed in this subsection (10).
(11) The changes made to this Section by Public Act 98-61 apply to a minor who has been
arrested or taken into custody on or after January 1, 2014 (the effective date
of Public Act 98-61).
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-301)
Sec. 5-301. Station adjustments. A minor arrested for any offense or a violation of a condition of previous
station adjustment may receive a station adjustment for that arrest as
provided herein. In deciding whether to impose a station adjustment, either
informal
or formal, a juvenile police officer shall consider the following factors:
(A) The seriousness of the alleged offense.
(B) The prior history of delinquency of the minor.
(C) The age of the minor.
(D) The culpability of the minor in committing the |
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(E) Whether the offense was committed in an
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| aggressive or premeditated manner.
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(F) Whether the minor used or possessed a deadly
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| weapon when committing the alleged offenses.
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(1) Informal station adjustment.
(a) An informal station adjustment is defined as a
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| procedure when a juvenile police officer determines that there is probable cause to believe that the minor has committed an offense.
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(b) A minor shall receive no more than 3 informal
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| station adjustments statewide for a misdemeanor offense within 3 years without prior approval from the State's Attorney's Office.
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(c) A minor shall receive no more than 3 informal
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| station adjustments statewide for a felony offense within 3 years without prior approval from the State's Attorney's Office.
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(d) A minor shall receive a combined total of no more
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| than 5 informal station adjustments statewide during the person's minority.
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(e) The juvenile police officer may make reasonable
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| conditions of an informal station adjustment which may include but are not limited to:
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(i) Curfew.
(ii) Conditions restricting entry into designated
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(iii) No contact with specified persons.
(iv) School attendance.
(v) Performing up to 25 hours of community
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(vi) Community mediation.
(vii) Teen court or a peer court.
(viii) Restitution limited to 90 days.
(f) If the minor refuses or fails to abide by the
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| conditions of an informal station adjustment, the juvenile police officer may impose a formal station adjustment or refer the matter to the State's Attorney's Office.
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(g) An informal station adjustment does not
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| constitute an adjudication of delinquency or a criminal conviction. Beginning January 1, 2000, a record shall be maintained with the Illinois State Police for informal station adjustments for offenses that would be a felony if committed by an adult, and may be maintained if the offense would be a misdemeanor.
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(2) Formal station adjustment.
(a) A formal station adjustment is defined as a
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| procedure when a juvenile police officer determines that there is probable cause to believe the minor has committed an offense and an admission by the minor of involvement in the offense.
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(b) The minor and parent, guardian, or legal
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| custodian must agree in writing to the formal station adjustment and must be advised of the consequences of violation of any term of the agreement.
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(c) The minor and parent, guardian or legal custodian
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| shall be provided a copy of the signed agreement of the formal station adjustment. The agreement shall include:
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(i) The offense which formed the basis of the
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| formal station adjustment.
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(ii) An acknowledgment that the terms of the
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| formal station adjustment and the consequences for violation have been explained.
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(iii) An acknowledgment that the formal station
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| adjustments record may be expunged under Section 5-915 of this Act.
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(iv) An acknowledgment that the minor understands
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| that the minor's admission of involvement in the offense may be admitted into evidence in future court hearings.
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(v) A statement that all parties understand the
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| terms and conditions of formal station adjustment and agree to the formal station adjustment process.
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(d) Conditions of the formal station adjustment may
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| include, but are not limited to:
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(i) The time shall not exceed 120 days.
(ii) The minor shall not violate any laws.
(iii) The juvenile police officer may require the
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| minor to comply with additional conditions for the formal station adjustment which may include but are not limited to:
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(a) Attending school.
(b) Abiding by a set curfew.
(c) Payment of restitution.
(d) Refraining from possessing a firearm or
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(e) Reporting to a police officer at
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| designated times and places, including reporting and verification that the minor is at home at designated hours.
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(f) Performing up to 25 hours of community
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(g) Refraining from entering designated
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(h) Participating in community mediation.
(i) Participating in teen court or peer court.
(j) Refraining from contact with specified
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(e) A formal station adjustment does not constitute
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| an adjudication of delinquency or a criminal conviction. Beginning January 1, 2000, a record shall be maintained with the Illinois State Police for formal station adjustments.
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(f) A minor or the minor's parent, guardian, or legal
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| custodian, or both the minor and the minor's parent, guardian, or legal custodian, may refuse a formal station adjustment and have the matter referred for court action or other appropriate action.
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(g) A minor or the minor's parent, guardian, or legal
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| custodian, or both the minor and the minor's parent, guardian, or legal custodian, may within 30 days of the commencement of the formal station adjustment revoke their consent and have the matter referred for court action or other appropriate action. This revocation must be in writing and personally served upon the police officer or the police officer's supervisor.
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(h) The admission of the minor as to involvement in
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| the offense shall be admissible at further court hearings as long as the statement would be admissible under the rules of evidence.
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(i) If the minor violates any term or condition of
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| the formal station adjustment the juvenile police officer shall provide written notice of violation to the minor and the minor's parent, guardian, or legal custodian. After consultation with the minor and the minor's parent, guardian, or legal custodian, the juvenile police officer may take any of the following steps upon violation:
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(i) Warn the minor of consequences of continued
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| violations and continue the formal station adjustment.
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(ii) Extend the period of the formal station
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| adjustment up to a total of 180 days.
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(iii) Extend the hours of community service work
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| up to a total of 40 hours.
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(iv) Terminate the formal station adjustment
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| unsatisfactorily and take no other action.
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(v) Terminate the formal station adjustment
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| unsatisfactorily and refer the matter to the juvenile court.
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(j) A minor shall receive no more than 2 formal
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| station adjustments statewide for a felony offense without the State's Attorney's approval within a 3 year period.
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(k) A minor shall receive no more than 3 formal
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| station adjustments statewide for a misdemeanor offense without the State's Attorney's approval within a 3 year period.
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(l) The total for formal station adjustments
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| statewide within the period of minority may not exceed 4 without the State's Attorney's approval.
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(m) If the minor is arrested in a jurisdiction where
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| the minor does not reside, the formal station adjustment may be transferred to the jurisdiction where the minor does reside upon written agreement of that jurisdiction to monitor the formal station adjustment.
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(3) Beginning January 1, 2000, the
juvenile police officer making a station adjustment shall assure
that information about any offense which would constitute a felony if committed
by an adult and may assure that information about a misdemeanor is transmitted
to the Illinois State Police.
(4) The total number of station adjustments, both formal and informal, shall
not exceed 9 without the State's Attorney's approval for any minor arrested
anywhere in the State.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
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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.)
|
(705 ILCS 405/5-310)
Sec. 5-310. Community mediation program.
(1) Program purpose.
The purpose of community mediation is to provide a system by which minors who
commit delinquent acts may be dealt with in a speedy and informal manner at the
community or neighborhood level. The goal is to make the juvenile understand
the seriousness of the juvenile's actions and the effect that a crime has on
the minor, the minor's family, the minor's victim and the minor's community.
In
addition, this system offers a method to reduce the ever-increasing instances
of delinquent acts while permitting the judicial system to deal effectively
with cases that are more serious in nature.
(2) Community mediation panels.
The State's Attorney, or an entity designated by the State's Attorney, may
establish
community mediation programs designed to provide citizen participation in
addressing juvenile delinquency. The State's Attorney, or the State's Attorney's designee,
shall
maintain a list of qualified persons who have agreed to serve as community
mediators. To the maximum extent possible, panel membership shall reflect the
social-economic, racial and ethnic make-up of the community in which the panel
sits. The panel shall consist of members with a diverse background in
employment, education and life experience.
(3) Community mediation cases.
(a) Community mediation programs shall provide one or |
| more community mediation panels to informally hear cases that are referred by a police officer as a station adjustment, or a probation officer as a probation adjustment, or referred by the State's Attorney as a diversion from prosecution.
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(b) Minors who are offered the opportunity to
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| participate in the program must admit responsibility for the offense to be eligible for the program.
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(4) Disposition of cases.
Subsequent to any hearing held, the community mediation panel may:
(a) Refer the minor for placement in a
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| community-based nonresidential program.
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(b) Refer the minor or the minor's family to
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(c) Require the minor to perform up to 100 hours of
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(d) Require the minor to make restitution in money or
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| in kind in a case involving property damage; however, the amount of restitution shall not exceed the amount of actual damage to property.
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(e) Require the minor and the minor's parent,
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| guardian, or legal custodian to undergo an approved screening for substance abuse or use, or both. If the screening indicates a need, a drug and alcohol assessment of the minor and the minor's parent, guardian, or legal custodian shall be conducted by an entity licensed by the Department of Human Services, as a successor to the Department of Alcoholism and Substance Abuse. The minor and the minor's parent, guardian, or legal custodian shall adhere to and complete all recommendations to obtain drug and alcohol treatment and counseling resulting from the assessment.
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(f) Require the minor to attend school.
(g) Require the minor to attend tutorial sessions.
(h) Impose any other restrictions or sanctions that
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| are designed to encourage responsible and acceptable behavior and are agreed upon by the participants of the community mediation proceedings.
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(5) The agreement shall run no more than 6 months. All community
mediation panel members and
observers are required to sign the following oath of confidentiality prior to
commencing community mediation proceedings:
"I solemnly swear or affirm that I will not
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| divulge, either by words or signs, any information about the case which comes to my knowledge in the course of a community mediation presentation and that I will keep secret all proceedings which may be held in my presence.
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|
Further, I understand that if I break
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| confidentiality by telling anyone else the names of community mediation participants, except for information pertaining to the community mediation panelists themselves, or any other specific details of the case which may identify that juvenile, I will no longer be able to serve as a community mediation panel member or observer."
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|
(6) The State's Attorney shall adopt rules and procedures
governing administration of the program.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-401.5)
Sec. 5-401.5. When statements by minor may be used.
(a) In this Section, "custodial interrogation" means any interrogation
(i) during which a reasonable person in the subject's position
would consider the subject to be in custody and (ii) during which
a
question is asked that is reasonably likely to elicit an incriminating
response.
In this Section, "electronic recording" includes motion picture,
audiotape, videotape, or digital recording.
In this Section, "place of detention" means a building
or a police station that is a place of operation for a municipal police
department or county sheriff department or other law enforcement agency
at which persons are or may be held in detention in
connection with criminal charges against those persons or allegations that
those
persons are delinquent minors.
(a-5) An oral, written, or sign language statement of a minor, who at the time of the commission of the offense was under 18 years of age, is presumed to be inadmissible when the statement is obtained from the minor while the minor is subject to custodial interrogation by a law enforcement officer, State's Attorney, juvenile officer, or other public official or employee prior to the officer, State's Attorney, public official, or employee: (1) continuously reads to the minor, in its entirety |
| and without stopping for purposes of a response from the minor or verifying comprehension, the following statement: "You have the right to remain silent. That means you do not have to say anything. Anything you do say can be used against you in court. You have the right to get help from a lawyer. If you cannot pay for a lawyer, the court will get you one for free. You can ask for a lawyer at any time. You have the right to stop this interview at any time."; and
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(2) after reading the statement required by paragraph
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| (1) of this subsection (a-5), the public official or employee shall ask the minor the following questions and wait for the minor's response to each question:
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|
(A) "Do you want to have a lawyer?"
(B) "Do you want to talk to me?"
(b) An oral, written, or sign language statement of a minor who, at the time
of the
commission of the offense was under the age of 18
years, made as a
result of a custodial interrogation conducted at a police station or other
place of detention on or after
the effective date of
this amendatory Act of the 99th General Assembly shall be presumed to be
inadmissible as evidence against the
minor in
any criminal proceeding or juvenile court proceeding,
for an act that if committed by an adult would be
a misdemeanor offense under Article 11 of the Criminal Code of 2012 or any felony offense
unless:
(1) an electronic recording is made of the custodial
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|
(2) the recording is substantially accurate and not
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|
(b-5) (Blank).
(b-10) If, during the course of an electronically recorded custodial interrogation conducted under this Section of a minor who, at the time
of the
commission of the offense was under the age of 18
years, the minor makes a statement that creates a reasonable suspicion to believe the minor has committed an act that if committed by an adult would be an offense other than an offense required to be recorded under subsection (b), the interrogators may, without the minor's consent, continue to record the interrogation as it relates to the other offense notwithstanding any provision of law to the contrary. Any oral, written, or sign language statement of a minor made as a result of an interrogation under this subsection shall be presumed to be inadmissible as evidence against the minor in any criminal proceeding or juvenile court proceeding, unless the recording is substantially accurate and not intentionally altered.
(c) Every electronic recording made under this Section
must be preserved
until such time as the
minor's adjudication
for any
offense relating to the statement is final and all direct and habeas corpus
appeals are
exhausted,
or the prosecution of such offenses is barred by law.
(d) If the court finds, by a preponderance of the evidence, that the
minor
was
subjected to a custodial interrogation in violation of this Section,
then any statements made
by the
minor during or following that non-recorded custodial interrogation, even
if
otherwise in compliance with this Section, are presumed to be inadmissible in
any criminal
proceeding or juvenile court proceeding against the minor except for the
purposes of impeachment.
(e) Nothing in this Section precludes the admission (i) of a statement made
by the
minor in open court in any criminal proceeding or juvenile court proceeding,
before a grand jury, or
at a
preliminary hearing,
(ii) of a
statement made during a
custodial interrogation that was not recorded as required by
this
Section because electronic recording was not feasible, (iii) of a
voluntary
statement,
whether or not the result of a custodial interrogation, that has a bearing on
the
credibility of the accused as a witness, (iv)
of a spontaneous statement
that is not made in response to a question,
(v) of a statement made after questioning that is routinely
asked during the processing of the arrest of the suspect, (vi) of a statement
made during a custodial interrogation by a suspect who requests, prior to
making
the statement, to respond to the
interrogator's questions only if
an electronic recording is not made of the statement, provided that an
electronic
recording is made of the statement of agreeing to respond to
the interrogator's question, only if a recording is not made of the statement,
(vii)
of a statement made
during a custodial
interrogation that is conducted out-of-state,
(viii)
of a
statement given in violation of subsection (b) at a time when the interrogators are unaware that a death
has in fact occurred, (ix) (blank), or (x) of any
other statement that may be admissible under law. The State shall bear the
burden of proving, by a preponderance of the evidence, that one of the
exceptions described in this subsection (e) is applicable. Nothing in this
Section precludes the admission of a statement, otherwise inadmissible under
this Section, that is used only for impeachment and not as substantive
evidence.
(f) The presumption of inadmissibility of a statement made by a suspect at
a custodial interrogation at a police station or other place of detention may
be overcome by a preponderance of the evidence
that
the statement was voluntarily given and is reliable, based on the totality of
the
circumstances.
(g) Any electronic recording of any statement made by a minor during a
custodial interrogation that is compiled by any law enforcement agency as
required by this Section for the purposes of fulfilling the requirements of
this
Section shall be confidential and exempt from public inspection and copying, as
provided under Section 7 of the Freedom of Information Act, and the information
shall not be transmitted to anyone except as needed to comply with this
Section.
(h) A statement, admission, confession, or incriminating information made by or obtained from a minor related to the instant offense, as part of any behavioral health screening, assessment, evaluation, or treatment, whether or not court-ordered, shall not be admissible as evidence against the minor on the issue of guilt only in the instant juvenile court proceeding. The provisions of this subsection (h) are in addition to and do not override any existing statutory and constitutional prohibition on the admission into evidence in delinquency proceedings of information obtained during screening, assessment, or treatment.
(i) The changes made to this Section by Public Act 98-61 apply to statements of a minor made on or after January 1, 2014 (the effective date of Public Act 98-61).
(Source: P.A. 103-22, eff. 8-8-23.)
|
(705 ILCS 405/5-410) Sec. 5-410. Non-secure custody or detention. (1) Any minor arrested or taken into custody pursuant to this Act who requires care away from the minor's home but who does not require physical restriction shall be given temporary care in a foster family home or other shelter facility designated by the court. (2)(a) Any minor 10 years of age or older arrested pursuant to this Act where there is probable cause to believe that the minor is a delinquent minor and that (i) secure custody is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another, (ii) the minor is likely to flee the jurisdiction of the court, or (iii) the minor was taken into custody under a warrant, may be kept or detained in an authorized detention facility. A minor under 13 years of age shall not be admitted, kept, or detained in a detention facility unless a local youth service provider, including a provider through the Comprehensive Community Based Youth Services network, has been contacted and has not been able to accept the minor. No minor under 12 years of age shall be detained in a county jail or a municipal lockup for more than 6 hours. (a-5) For a minor arrested or taken into custody for vehicular hijacking or aggravated vehicular hijacking, a previous finding of delinquency for vehicular hijacking or aggravated vehicular hijacking shall be given greater weight in determining whether secured custody of a minor is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another. (b) The written authorization of the probation officer or detention officer (or other public officer designated by the court in a county having 3,000,000 or more inhabitants) constitutes authority for the superintendent of any juvenile detention home to detain and keep a minor for up to 40 hours, excluding Saturdays, Sundays, and court-designated holidays. These records shall be available to the same persons and pursuant to the same conditions as are law enforcement records as provided in Section 5-905. (b-4) The consultation required by paragraph (b-5) shall not be applicable if the probation officer or detention officer (or other public officer designated by the court in a county having 3,000,000 or more inhabitants) utilizes a scorable detention screening instrument, which has been developed with input by the State's Attorney, to determine whether a minor should be detained; however, paragraph (b-5) shall still be applicable where no such screening instrument is used or where the probation officer, detention officer (or other public officer designated by the court in a county having 3,000,000 or more inhabitants) deviates from the screening instrument. (b-5) Subject to the provisions of paragraph (b-4), if a probation officer or detention officer (or other public officer designated by the court in a county having 3,000,000 or more inhabitants) does not intend to detain a minor for an offense which constitutes one of the following offenses, the probation officer or detention officer (or other public officer designated by the court in a county having 3,000,000 or more inhabitants) shall consult with the State's Attorney's Office prior to the release of the minor: first degree murder, second degree murder, involuntary manslaughter, criminal sexual assault, aggravated criminal sexual assault, aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous battery involving permanent disability or disfigurement or great bodily harm, robbery, aggravated robbery, armed robbery, vehicular hijacking, aggravated vehicular hijacking, vehicular invasion, arson, aggravated arson, kidnapping, aggravated kidnapping, home invasion, burglary, or residential burglary. (c) Except as otherwise provided in paragraph (a), (d), or (e), no minor shall be detained in a county jail or municipal lockup for more than 12 hours, unless the offense is a crime of violence in which case the minor may be detained up to 24 hours. For the purpose of this paragraph, "crime of violence" has the meaning ascribed to it in Section 1-10 of the Substance Use Disorder Act. (i) The period of detention is deemed to have begun |
| once the minor has been placed in a locked room or cell or handcuffed to a stationary object in a building housing a county jail or municipal lockup. Time spent transporting a minor is not considered to be time in detention or secure custody.
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(ii) Any minor so confined shall be under periodic
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| supervision and shall not be permitted to come into or remain in contact with adults in custody in the building.
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(iii) Upon placement in secure custody in a jail or
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| lockup, the minor shall be informed of the purpose of the detention, the time it is expected to last and the fact that it cannot exceed the time specified under this Act.
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(iv) A log shall be kept which shows the offense
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| which is the basis for the detention, the reasons and circumstances for the decision to detain, and the length of time the minor was in detention.
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(v) Violation of the time limit on detention in a
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| county jail or municipal lockup shall not, in and of itself, render inadmissible evidence obtained as a result of the violation of this time limit. Minors under 18 years of age shall be kept separate from confined adults and may not at any time be kept in the same cell, room, or yard with adults confined pursuant to criminal law. Persons 18 years of age and older who have a petition of delinquency filed against them may be confined in an adult detention facility. In making a determination whether to confine a person 18 years of age or older who has a petition of delinquency filed against the person, these factors, among other matters, shall be considered:
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|
(A) the age of the person;
(B) any previous delinquent or criminal history
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|
(C) any previous abuse or neglect history of the
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|
(D) any mental health or educational history of
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|
(d)(i) If a minor 12 years of age or older is confined in a county jail in a county with a population below 3,000,000 inhabitants, then the minor's confinement shall be implemented in such a manner that there will be no contact by sight, sound, or otherwise between the minor and adult prisoners. Minors 12 years of age or older must be kept separate from confined adults and may not at any time be kept in the same cell, room, or yard with confined adults. This paragraph (d)(i) shall only apply to confinement pending an adjudicatory hearing and shall not exceed 40 hours, excluding Saturdays, Sundays, and court-designated holidays. To accept or hold minors during this time period, county jails shall comply with all monitoring standards adopted by the Department of Corrections and training standards approved by the Illinois Law Enforcement Training Standards Board.
(ii) To accept or hold minors, 12 years of age or older, after the time period prescribed in paragraph (d)(i) of this subsection (2) of this Section but not exceeding 7 days including Saturdays, Sundays, and holidays pending an adjudicatory hearing, county jails shall comply with all temporary detention standards adopted by the Department of Corrections and training standards approved by the Illinois Law Enforcement Training Standards Board.
(iii) To accept or hold minors 12 years of age or older, after the time period prescribed in paragraphs (d)(i) and (d)(ii) of this subsection (2) of this Section, county jails shall comply with all county juvenile detention standards adopted by the Department of Juvenile Justice.
(e) When a minor who is at least 15 years of age is prosecuted under the criminal laws of this State, the court may enter an order directing that the juvenile be confined in the county jail. However, any juvenile confined in the county jail under this provision shall be separated from adults who are confined in the county jail in such a manner that there will be no contact by sight, sound, or otherwise between the juvenile and adult prisoners.
(f) For purposes of appearing in a physical lineup, the minor may be taken to a county jail or municipal lockup under the direct and constant supervision of a juvenile police officer. During such time as is necessary to conduct a lineup, and while supervised by a juvenile police officer, the sight and sound separation provisions shall not apply.
(g) For purposes of processing a minor, the minor may be taken to a county jail or municipal lockup under the direct and constant supervision of a law enforcement officer or correctional officer. During such time as is necessary to process the minor, and while supervised by a law enforcement officer or correctional officer, the sight and sound separation provisions shall not apply.
(3) If the probation officer or State's Attorney (or such other public officer designated by the court in a county having 3,000,000 or more inhabitants) determines that the minor may be a delinquent minor as described in subsection (3) of Section 5-105, and should be retained in custody but does not require physical restriction, the minor may be placed in non-secure custody for up to 40 hours pending a detention hearing.
(4) Any minor taken into temporary custody, not requiring secure detention, may, however, be detained in the home of the minor's parent or guardian subject to such conditions as the court may impose.
(5) The changes made to this Section by Public Act 98-61 apply to a minor who has been arrested or taken into custody on or after January 1, 2014 (the effective date of Public Act 98-61).
(Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.)
|
(705 ILCS 405/5-501)
Sec. 5-501. Detention or shelter care hearing. At the appearance of the minor before the court at the detention or shelter
care hearing,
the court shall receive all relevant information and evidence, including
affidavits concerning the allegations made in the petition. Evidence used by
the court in its findings or stated in or offered in connection with this
Section may be by way of proffer based on reliable information offered by the
State or minor. All evidence shall be admissible if it is relevant and
reliable regardless of whether it would be admissible under the rules of
evidence applicable at a trial. No hearing may be held unless the minor is
represented by counsel and no hearing shall be held until the minor has had adequate opportunity to consult with counsel.
(1) If the court finds that there is not probable cause to believe that the
minor is a delinquent minor, it shall release the minor and dismiss the
petition.
(2) If the court finds that there is probable cause to believe that the
minor is a
delinquent minor, the minor, the
minor's parent, guardian, custodian and other
persons able to give relevant testimony may be examined before the court. The
court may also consider any evidence by way of proffer based upon reliable
information offered by the State or the minor. All evidence, including
affidavits, shall be admissible if it is relevant and reliable regardless of
whether it would be admissible under the rules of evidence applicable at trial.
After such evidence is presented, the court may enter an order that the minor
shall be released upon the request of a parent, guardian or legal custodian if
the parent, guardian or custodian appears to take custody.
If the court finds that it is a matter of immediate and urgent necessity for
the protection of the minor or of the person or property of another that the
minor be detained or placed in a
shelter care facility or that the minor is likely to flee the jurisdiction of
the court, the court may prescribe detention or shelter care and order that the
minor be kept in a suitable place designated by the court or in a shelter care
facility designated by the Department of Children and Family Services or a
licensed child welfare agency; otherwise it shall release the minor from
custody. If the court prescribes shelter care, then in placing the minor, the
Department or other agency shall, to the extent compatible with the court's
order, comply with Section 7 of the Children and Family Services Act. In
making the determination of the existence of immediate and urgent necessity,
the court shall consider among other matters: (a) the nature and seriousness of
the alleged offense; (b) the minor's record of delinquency offenses,
including whether the minor has delinquency cases pending; (c) the minor's
record of willful failure to appear following the issuance of a summons or
warrant; (d) the availability of non-custodial alternatives, including the
presence of a parent, guardian or other responsible relative able and willing
to provide supervision and care for the minor and to assure the
minor's
compliance with a summons. If the minor is ordered placed in a shelter care
facility of a licensed child welfare agency, the court shall, upon request of
the agency, appoint the appropriate agency executive temporary custodian of the
minor and the court may enter such other orders related to the temporary
custody of the minor as it deems fit and proper.
If the court prescribes detention, and the minor is a youth in care of the Department of Children and Family Services, a hearing shall be held every 14 days to determine whether there is an urgent and immediate necessity to detain the minor for the protection of the person or property of another. If urgent and immediate necessity is not found on the basis of the protection of the person or property of another, the minor shall be released to the custody of the Department of Children and Family Services. If the court prescribes detention based on the minor being likely to flee the jurisdiction, and the minor is a youth in care of the Department of Children and Family Services, a hearing shall be held every 7 days for status on the location of shelter care placement by the Department of Children and Family Services. Detention shall not be used as a shelter care placement for minors in the custody or guardianship of the Department of Children and Family Services. The order together with the court's findings of fact in support of the order
shall
be entered
of record in the court.
Once the court finds that it is a matter of immediate and urgent necessity
for the protection of the minor that the minor be placed in a shelter care
facility, the minor shall not be returned to the parent, custodian or guardian
until the court finds that the placement is no longer necessary for the
protection of the minor.
(3) Only when there is reasonable cause to believe that the minor taken
into custody is a delinquent minor may the minor be kept or detained in a
facility authorized for juvenile detention. This Section shall in no way be
construed to limit
subsection (4).
(4)(a) Minors 12 years of age or older must be kept separate from confined
adults and may not at any time be kept in the same cell, room or yard with
confined adults. This paragraph (4) shall only apply to confinement pending an adjudicatory hearing
and
shall not exceed 40 hours, excluding Saturdays, Sundays, and court designated
holidays. To accept or hold minors during this time period, county jails shall
comply with all monitoring standards adopted
by the Department of Corrections and training standards approved by the
Illinois Law Enforcement Training Standards Board.
(b) To accept or hold minors, 12 years of age or older, after the time
period prescribed in clause (a) of subsection (4) of this Section but not
exceeding 7
days including Saturdays, Sundays, and holidays, pending an adjudicatory
hearing, county jails shall comply with all temporary detention standards adopted
by
the Department of Corrections and training standards approved by the Illinois
Law Enforcement Training Standards Board.
(c) To accept or hold minors 12 years of age or older after the time
period prescribed in clause (a) and (b) of this subsection, county jails shall
comply with all county juvenile detention standards adopted by the Department of Juvenile Justice.
(5) If the minor is not brought before a judicial officer within the time
period as specified in Section 5-415, the minor must immediately be released
from
custody.
(6) If neither the parent, guardian, or legal custodian appears within 24
hours to take custody of a minor released from detention or shelter care, then
the clerk of the court shall set the matter for rehearing not later than 7 days
after the original order and shall issue a summons directed to the parent,
guardian, or legal custodian to appear. At the same time the probation
department shall prepare a report on the minor. If a parent, guardian, or legal
custodian does not appear at such rehearing, the judge may enter an order
prescribing that the minor be kept in a suitable place designated by the
Department of Human Services or a licensed child welfare agency.
The time during which a minor is in custody after being released upon the
request of a parent, guardian, or legal custodian shall be considered as time
spent in detention for purposes of scheduling the trial.
(7) Any party, including the State, the temporary custodian, an agency
providing services to the minor or family under a service plan pursuant to
Section 8.2 of the Abused and Neglected Child Reporting Act, foster parent, or
any of their representatives, may file a
motion to modify or vacate a temporary custody order or vacate a detention or
shelter care order on any of the following grounds:
(a) It is no longer a matter of immediate and urgent |
| necessity that the minor remain in detention or shelter care; or
|
|
(b) There is a material change in the circumstances
|
| of the natural family from which the minor was removed; or
|
|
(c) A person, including a parent, relative, or legal
|
| guardian, is capable of assuming temporary custody of the minor; or
|
|
(d) Services provided by the Department of Children
|
| and Family Services or a child welfare agency or other service provider have been successful in eliminating the need for temporary custody.
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|
The clerk shall set the matter for hearing not later than 14 days after such
motion is filed. In the event that the court modifies or vacates a temporary
order but does not vacate its finding of probable cause, the court may order
that appropriate services be continued or initiated on behalf of the minor and the
minor's
family.
(8) Whenever a petition has been filed under Section 5-520, the court can,
at
any time prior to trial or sentencing, order that the minor be placed in
detention or a shelter care facility after the court conducts a hearing and
finds that the conduct and behavior of the minor may endanger the health,
person, welfare, or property of the
minor or others or that the circumstances
of the
minor's home environment may endanger the
minor's health, person, welfare,
or property.
(Source: P.A. 102-654, eff. 1-1-23; 102-813, eff. 5-13-22; 103-22, eff. 8-8-23.)
|
(705 ILCS 405/5-505)
Sec. 5-505. Pre-trial conditions order.
(1) If a minor is charged with the commission of a delinquent act, at any
appearance of the minor before the court prior to trial, the court may conduct
a hearing to determine whether the minor should be required to do any of the
following:
(a) not violate any criminal statute of any |
|
(b) make a report to and appear in person before any
|
| person or agency as directed by the court;
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|
(c) refrain from possessing a firearm or other
|
| dangerous weapon, or an automobile;
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|
(d) reside with the minor's parents or in a foster
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|
(e) attend school;
(f) attend a non-residential program for youth;
(g) comply with curfew requirements as designated by
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|
(h) refrain from entering into a designated
|
| geographic area except upon terms as the court finds appropriate. The terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the minor, advance approval by the court, and any other terms the court may deem appropriate;
|
|
(i) refrain from having any contact, directly or
|
| indirectly, with certain specified persons or particular types of persons, including but not limited to members of street gangs and drug users or dealers;
|
|
(j) comply with any other conditions as may be
|
|
No hearing may be held unless the minor is represented by counsel. If the
court determines that there is probable cause to believe the minor is a
delinquent minor and that it is in the best interests of the minor that the
court impose any or all of the conditions listed in paragraphs (a) through (j)
of this subsection (1), then the court
shall order the minor to abide by all of the conditions ordered by the court.
(2) If the court issues a pre-trial conditions order as provided in
subsection (1), the court shall inform the minor and provide a copy of the
pre-trial conditions order effective under this
Section.
(3) The provisions of the pre-trial conditions order issued under this
Section may be continued through the sentencing hearing if the court deems the
action reasonable and necessary. Nothing in this Section shall preclude the
minor from applying to the court at any time for modification or dismissal of
the order or the State's Attorney from applying to the court at any time for
additional provisions under the pre-trial conditions order, modification of the
order, or dismissal of the order.
(Source: P.A. 103-22, eff. 8-8-23.)
|
(705 ILCS 405/5-525) Sec. 5-525. Service. (1) Service by summons. (a) Upon the commencement of a delinquency |
| prosecution, the clerk of the court shall issue a summons with a copy of the petition attached. The summons shall be directed to the minor's parent, guardian or legal custodian and to each person named as a respondent in the petition, except that summons need not be directed (i) to a minor respondent under 8 years of age for whom the court appoints a guardian ad litem if the guardian ad litem appears on behalf of the minor in any proceeding under this Act, or (ii) to a parent who does not reside with the minor, does not make regular child support payments to the minor, to the minor's other parent, or to the minor's legal guardian or custodian pursuant to a support order, and has not communicated with the minor on a regular basis.
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|
(b) The summons must contain a statement that the
|
| minor is entitled to have an attorney present at the hearing on the petition, and that the clerk of the court should be notified promptly if the minor desires to be represented by an attorney but is financially unable to employ counsel.
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|
(c) The summons shall be issued under the seal of the
|
| court, attested in and signed with the name of the clerk of the court, dated on the day it is issued, and shall require each respondent to appear and answer the petition on the date set for the adjudicatory hearing.
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|
(d) The summons may be served by any law enforcement
|
| officer, coroner or probation officer, even though the officer is the petitioner. The return of the summons with endorsement of service by the officer is sufficient proof of service.
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|
(e) Service of a summons and petition shall be made
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| by: (i) leaving a copy of the summons and petition with the person summoned at least 3 days before the time stated in the summons for appearance; (ii) leaving a copy at the summoned person's usual place of abode with some person of the family, of the age of 10 years or upwards, and informing that person of the contents of the summons and petition, provided, the officer or other person making service shall also send a copy of the summons in a sealed envelope with postage fully prepaid, addressed to the person summoned at the person's usual place of abode, at least 3 days before the time stated in the summons for appearance; or (iii) leaving a copy of the summons and petition with the guardian or custodian of a minor, at least 3 days before the time stated in the summons for appearance. If the guardian or legal custodian is an agency of the State of Illinois, proper service may be made by leaving a copy of the summons and petition with any administrative employee of the agency designated by the agency to accept the service of summons and petitions. The certificate of the officer or affidavit of the person that the officer or person has sent the copy pursuant to this Section is sufficient proof of service.
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|
(f) When a parent or other person, who has signed a
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| written promise to appear and bring the minor to court or who has waived or acknowledged service, fails to appear with the minor on the date set by the court, a bench warrant may be issued for the parent or other person, the minor, or both.
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|
(2) Service by certified mail or publication.
(a) If service on individuals as provided in
|
| subsection (1) is not made on any respondent within a reasonable time or if it appears that any respondent resides outside the State, service may be made by certified mail. In that case the clerk shall mail the summons and a copy of the petition to that respondent by certified mail marked for delivery to addressee only. The court shall not proceed with the adjudicatory hearing until 5 days after the mailing. The regular return receipt for certified mail is sufficient proof of service.
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|
(b) If service upon individuals as provided in
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| subsection (1) is not made on any respondents within a reasonable time or if any person is made a respondent under the designation of "All Whom It May Concern", or if service cannot be made because the whereabouts of a respondent are unknown, service may be made by publication. The clerk of the court as soon as possible shall cause publication to be made once in a newspaper of general circulation in the county where the action is pending. Service by publication is not required in any case when the person alleged to have legal custody of the minor has been served with summons personally or by certified mail, but the court may not enter any order or judgment against any person who cannot be served with process other than by publication unless service by publication is given or unless that person appears. Failure to provide service by publication to a non-custodial parent whose whereabouts are unknown shall not deprive the court of jurisdiction to proceed with a trial or a plea of delinquency by the minor. When a minor has been detained or sheltered under Section 5-501 of this Act and summons has not been served personally or by certified mail within 20 days from the date of the order of court directing such detention or shelter care, the clerk of the court shall cause publication. Service by publication shall be substantially as follows:
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|
"A, B, C, D, (here giving the names of the named
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| respondents, if any) and to All Whom It May Concern (if there is any respondent under that designation):
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|
Take notice that on (insert date) a petition was
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| filed under the Juvenile Court Act of 1987 by .... in the circuit court of .... county entitled 'In the interest of ...., a minor', and that in .... courtroom at .... on (insert date) at the hour of ...., or as soon thereafter as this cause may be heard, an adjudicatory hearing will be held upon the petition to have the child declared to be a ward of the court under that Act. The court has authority in this proceeding to take from you the custody and guardianship of the minor.
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|
Now, unless you appear at the hearing and show
|
| cause against the petition, the allegations of the petition may stand admitted as against you and each of you, and an order or judgment entered.
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|
........................................
Clerk
Dated (insert the date of publication)"
(c) The clerk shall also at the time of the
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| publication of the notice send a copy of the notice by mail to each of the respondents on account of whom publication is made at each respondent's last known address. The certificate of the clerk that the clerk has mailed the notice is evidence of that mailing. No other publication notice is required. Every respondent notified by publication under this Section must appear and answer in open court at the hearing. The court may not proceed with the adjudicatory hearing until 10 days after service by publication on any custodial parent, guardian or legal custodian of a minor alleged to be delinquent.
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|
(d) If it becomes necessary to change the date set
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| for the hearing in order to comply with this Section, notice of the resetting of the date must be given, by certified mail or other reasonable means, to each respondent who has been served with summons personally or by certified mail.
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|
(3) Once jurisdiction has been established over a party, further service is not required and notice of any subsequent proceedings in that prosecution shall be made in accordance with provisions of Section 5-530.
(4) The appearance of the minor's parent, guardian, or legal custodian, or a person named as a respondent in a petition, in any proceeding under this Act shall constitute a waiver of service and submission to the jurisdiction of the court. A copy of the petition shall be provided to the person at the time of the person's appearance.
(5) Fines or assessments, such as fees or administrative costs in the service of process, shall not be ordered or imposed on a minor or a minor's parent, guardian, or legal custodian.
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.)
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(705 ILCS 405/5-530)
Sec. 5-530. Notice.
(1) A party presenting a supplemental or amended petition or motion to the
court shall provide the other parties with a copy of any supplemental or
amended petition, motion or accompanying affidavit not yet served upon that
party, and shall file proof of that service, in accordance with subsections
(2), (3),
and (4) of this Section. Written notice of the date, time and place of the
hearing,
shall be provided to all parties in accordance with local court rules.
(2)(a) On whom made. If a party is represented by an attorney of record,
service shall be made upon the attorney. Otherwise service shall be made upon
the party.
(b) Method. Papers shall be served as follows:
(1) by delivering them to the attorney or party |
|
(2) by leaving them in the office of the attorney
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| with the attorney's clerk, or with a person in charge of the office; or if a party is not represented by counsel, by leaving them at the party's residence with a family member of the age of 10 years or upwards;
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|
(3) by depositing them in the United States post
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| office or post-office box enclosed in an envelope, plainly addressed to the attorney at the attorney's business address, or to the party at the party's business address or residence, with postage fully pre-paid; or
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|
(4) by transmitting them via facsimile machine to the
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| office of the attorney or party, who has consented to receiving service by facsimile transmission. Briefs filed in reviewing courts shall be served in accordance with Supreme Court Rule.
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|
(i) A party or attorney electing to serve
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| pleading by facsimile must include on the certificate of service transmitted the telephone number of the sender's facsimile transmitting device. Use of service by facsimile shall be deemed consent by that party or attorney to receive service by facsimile transmission. Any party may rescind consent of service by facsimile transmission in a case by filing with the court and serving a notice on all parties or their attorneys who have filed appearances that facsimile service will not be accepted. A party or attorney who has rescinded consent to service by facsimile transmission in a case may not serve another party or attorney by facsimile transmission in that case.
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|
(ii) Each page of notices and documents
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| transmitted by facsimile pursuant to this rule should bear the circuit court number, the title of the document, and the page number.
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|
(c) Multiple parties or attorneys. In cases in which there are 2 or
more
minor-respondents who appear by different attorneys, service on all papers
shall be made on the attorney for each of the parties. If one attorney appears
for several parties, the attorney is entitled to only one copy of any paper served
upon the attorney
by the opposite side. When more than one attorney appears for a
party,
service of a copy upon one of them is sufficient.
(3)(a) Filing. When service of a paper is required, proof of service shall
be
filed with the clerk.
(b) Manner of Proof. Service is proved:
(i) by written acknowledgment signed by the person
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|
(ii) in case of service by personal delivery, by
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| certificate of the attorney, or affidavit of a person, other than an attorney, who made delivery;
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|
(iii) in case of service by mail, by certificate of
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| the attorney, or affidavit of a person other than the attorney, who deposited the paper in the mail, stating the time and place of mailing, the complete address which appeared on the envelope, and the fact that proper postage was pre-paid; or
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|
(iv) in case of service by facsimile transmission, by
|
| certificate of the attorney or affidavit of a person other than the attorney, who transmitted the paper via facsimile machine, stating the time and place of transmission, the telephone number to which the transmission was sent and the number of pages transmitted.
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|
(c) Effective date of service by mail. Service by mail is complete 4
days
after mailing.
(d) Effective date of service by facsimile transmission. Service by
facsimile
machine is complete on the first court day following transmission.
(Source: P.A. 103-22, eff. 8-8-23.)
|
(705 ILCS 405/5-601) Sec. 5-601. Trial. (1) When a petition has been filed alleging that the minor is a delinquent, a trial must be held within 120 days of a written demand for such hearing made by any party, except that when the State, without success, has exercised due diligence to obtain evidence material to the case and there are reasonable grounds to believe that the evidence may be obtained at a later date, the court may, upon motion by the State, continue the trial for not more than 30 additional days. (2) If a minor respondent has multiple delinquency petitions pending against the minor in the same county and simultaneously demands a trial upon more than one delinquency petition pending against the minor in the same county, the minor shall receive a trial or have a finding, after waiver of trial, upon at least one such petition before expiration relative to any of the pending petitions of the period described by this Section. All remaining petitions thus pending against the minor respondent shall be adjudicated within 160 days from the date on which a finding relative to the first petition prosecuted is rendered under Section 5-620 of this Article, or, if the trial upon the first petition is terminated without a finding and there is no subsequent trial, or adjudication after waiver of trial, on the first petition within a reasonable time, the minor shall receive a trial upon all of the remaining petitions within 160 days from the date on which the trial, or finding after waiver of trial, on the first petition is concluded. If either such period of 160 days expires without the commencement of trial, or adjudication after waiver of trial, of any of the remaining pending petitions, the petition or petitions shall be dismissed and barred for want of prosecution unless the delay is occasioned by any of the reasons described in this Section. (3) When no such trial is held within the time required by subsections (1) and (2) of this Section, the court shall, upon motion by any party, dismiss the petition with prejudice. (4) Without affecting the applicability of the tolling and multiple prosecution provisions of subsections (8) and (2) of this Section when a petition has been filed alleging that the minor is a delinquent and the minor is in detention or shelter care, the trial shall be held within 30 calendar days after the date of the order directing detention or shelter care, or the earliest possible date in compliance with the provisions of Section 5-525 as to the custodial parent, guardian, or legal custodian, but no later than 45 calendar days from the date of the order of the court directing detention or shelter care. When the petition alleges the minor has committed an offense involving a controlled substance as defined in the Illinois Controlled Substances Act or methamphetamine as defined in the Methamphetamine Control and Community Protection Act, the court may, upon motion of the State, continue the trial for receipt of a confirmatory laboratory report for up to 45 days after the date of the order directing detention or shelter care. When the petition alleges the minor committed an offense that involves the death of, great bodily harm to or sexual assault or aggravated criminal sexual abuse on a victim, the court may, upon motion of the State, continue the trial for not more than 70 calendar days after the date of the order directing detention or shelter care. Any failure to comply with the time limits of this Section shall require the immediate release of the minor from detention, and the time limits set forth in subsections (1) and (2) shall apply. (5) If the court determines that the State, without success, has exercised due diligence to obtain the results of DNA testing that is material to the case, and that there are reasonable grounds to believe that the results may be obtained at a later date, the court may continue the cause on application of the State for not more than 120 additional days. The court may also extend the period of detention of the minor for not more than 120 additional days. (6) If the State's Attorney makes a written request that a proceeding be designated an extended juvenile jurisdiction prosecution, and the minor is in detention, the period the minor can be held in detention pursuant to subsection (4), shall be extended an additional 30 days after the court determines whether the proceeding will be designated an extended juvenile jurisdiction prosecution or the State's Attorney withdraws the request for extended juvenile jurisdiction prosecution. (7) When the State's Attorney files a motion for waiver of jurisdiction pursuant to Section 5-805, and the minor is in detention, the period the minor can be held in detention pursuant to subsection (4), shall be extended an additional 30 days if the court denies motion for waiver of jurisdiction or the State's Attorney withdraws the motion for waiver of jurisdiction. (8) The period in which a trial shall be held as prescribed by subsection (1), (2), (3), (4), (5), (6), or (7) of this Section is tolled by: (i) delay occasioned by the minor; (ii) a continuance allowed pursuant to Section 114-4 of the Code of Criminal Procedure of 1963 after the court's determination of the minor's incapacity for trial; (iii) an interlocutory appeal; (iv) an examination of fitness ordered pursuant to Section 104-13 of the Code of Criminal Procedure of 1963; (v) a fitness hearing; or (vi) an adjudication of unfitness for trial. Any such delay shall temporarily suspend, for the time of the delay, the period within which a trial must be held as prescribed by subsections (1), (2), (4), (5), and (6) of this Section. On the day of expiration of the delays, the period shall continue at the point at which the time was suspended. (9) Nothing in this Section prevents the minor or the minor's parents, guardian, or legal custodian from exercising their respective rights to waive the time limits set forth in this Section. (Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/5-605)
Sec. 5-605.
Trials, pleas, guilty but mentally ill and not guilty by
reason of insanity.
(1) Method of trial. All delinquency proceedings shall be heard by the
court except those proceedings under this Act where the right to trial by jury
is specifically set forth. At any time a minor may waive the minor's right to
trial by jury.
(2) Pleas of guilty and guilty but mentally ill.
(a) Before or during trial, a plea of guilty may be |
| accepted when the court has informed the minor of the consequences of the minor's plea and of the maximum penalty provided by law which may be imposed upon acceptance of the plea. Upon acceptance of a plea of guilty, the court shall determine the factual basis of a plea.
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|
(b) Before or during trial, a plea of guilty but
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| mentally ill may be accepted by the court when:
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|
(i) the minor has undergone an examination by a
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| clinical psychologist or psychiatrist and has waived the minor's right to trial; and
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|
(ii) the judge has examined the psychiatric or
|
| psychological report or reports; and
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|
(iii) the judge has held a hearing, at which
|
| either party may present evidence, on the issue of the minor's mental health and, at the conclusion of the hearing, is satisfied that there is a factual basis that the minor was mentally ill at the time of the offense to which the plea is entered.
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|
(3) Trial by the court.
(a) A trial shall be conducted in the presence of the
|
| minor unless the minor waives the right to be present. At the trial, the court shall consider the question whether the minor is delinquent. The standard of proof and the rules of evidence in the nature of criminal proceedings in this State are applicable to that consideration.
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|
(b) Upon conclusion of the trial the court shall
|
| enter a general finding, except that, when the affirmative defense of insanity has been presented during the trial and acquittal is based solely upon the defense of insanity, the court shall enter a finding of not guilty by reason of insanity. In the event of a finding of not guilty by reason of insanity, a hearing shall be held pursuant to the Mental Health and Developmental Disabilities Code to determine whether the minor is subject to involuntary admission.
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|
(c) When the minor has asserted a defense of
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| insanity, the court may find the minor guilty but mentally ill if, after hearing all of the evidence, the court finds that:
|
|
(i) the State has proven beyond a reasonable
|
| doubt that the minor is guilty of the offense charged; and
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|
(ii) the minor has failed to prove the minor's
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| insanity as required in subsection (b) of Section 3-2 of the Criminal Code of 2012, and subsections (a), (b) and (e) of Section 6-2 of the Criminal Code of 2012; and
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|
(iii) the minor has proven by a preponderance of
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| the evidence that the minor was mentally ill, as defined in subsections (c) and (d) of Section 6-2 of the Criminal Code of 2012 at the time of the offense.
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|
(4) Trial by court and jury.
(a) Questions of law shall be decided by the court
|
| and questions of fact by the jury.
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|
(b) The jury shall consist of 12 members.
(c) Upon request the parties shall be furnished with
|
| a list of prospective jurors with their addresses if known.
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|
(d) Each party may challenge jurors for cause. If a
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| prospective juror has a physical impairment, the court shall consider the prospective juror's ability to perceive and appreciate the evidence when considering a challenge for cause.
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|
(e) A minor tried alone shall be allowed 7 peremptory
|
| challenges; except that, in a single trial of more than one minor, each minor shall be allowed 5 peremptory challenges. If several charges against a minor or minors are consolidated for trial, each minor shall be allowed peremptory challenges upon one charge only, which single charge shall be the charge against that minor authorizing the greatest maximum penalty. The State shall be allowed the same number of peremptory challenges as all of the minors.
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|
(f) After examination by the court, the jurors may be
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| examined, passed upon, accepted and tendered by opposing counsel as provided by Supreme Court Rules.
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|
(g) After the jury is impaneled and sworn, the court
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| may direct the selection of 2 alternate jurors who shall take the same oath as the regular jurors. Each party shall have one additional peremptory challenge for each alternate juror. If before the final submission of a cause a member of the jury dies or is discharged, the member shall be replaced by an alternate juror in the order of selection.
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(h) A trial by the court and jury shall be conducted
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| in the presence of the minor unless the minor waives the right to be present.
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(i) After arguments of counsel the court shall
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| instruct the jury as to the law.
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(j) Unless the affirmative defense of insanity has
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| been presented during the trial, the jury shall return a general verdict as to each offense charged. When the affirmative defense of insanity has been presented during the trial, the court shall provide the jury not only with general verdict forms but also with a special verdict form of not guilty by reason of insanity, as to each offense charged, and in the event the court shall separately instruct the jury that a special verdict of not guilty by reason of insanity may be returned instead of a general verdict but the special verdict requires a unanimous finding by the jury that the minor committed the acts charged but at the time of the commission of those acts the minor was insane. In the event of a verdict of not guilty by reason of insanity, a hearing shall be held pursuant to the Mental Health and Developmental Disabilities Code to determine whether the minor is subject to involuntary admission. When the affirmative defense of insanity has been presented during the trial, the court, where warranted by the evidence, shall also provide the jury with a special verdict form of guilty but mentally ill, as to each offense charged and shall separately instruct the jury that a special verdict of guilty but mentally ill may be returned instead of a general verdict, but that the special verdict requires a unanimous finding by the jury that: (i) the State has proven beyond a reasonable doubt that the minor is guilty of the offense charged; and (ii) the minor has failed to prove the minor's insanity as required in subsection (b) of Section 3-2 of the Criminal Code of 2012 and subsections (a), (b) and (e) of Section 6-2 of the Criminal Code of 2012; and (iii) the minor has proven by a preponderance of the evidence that the minor was mentally ill, as defined in subsections (c) and (d) of Section 6-2 of the Criminal Code of 2012 at the time of the offense.
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(k) When, at the close of the State's evidence or at
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| the close of all of the evidence, the evidence is insufficient to support a finding or verdict of guilty the court may and on motion of the minor shall make a finding or direct the jury to return a verdict of not guilty, enter a judgment of acquittal and discharge the minor.
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(l) When the jury retires to consider its verdict, an
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| officer of the court shall be appointed to keep them together and to prevent conversation between the jurors and others; however, if any juror is deaf, the jury may be accompanied by and may communicate with a court-appointed interpreter during its deliberations. Upon agreement between the State and minor or the minor's counsel, and the parties waive polling of the jury, the jury may seal and deliver its verdict to the clerk of the court, separate, and then return the verdict in open court at its next session.
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(m) In a trial, any juror who is a member of a panel
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| or jury which has been impaneled and sworn as a panel or as a jury shall be permitted to separate from other jurors during every period of adjournment to a later day, until final submission of the cause to the jury for determination, except that no such separation shall be permitted in any trial after the court, upon motion by the minor or the State or upon its own motion, finds a probability that prejudice to the minor or to the State will result from the separation.
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(n) The members of the jury shall be entitled to take
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| notes during the trial, and the sheriff of the county in which the jury is sitting shall provide them with writing materials for this purpose. The notes shall remain confidential, and shall be destroyed by the sheriff after the verdict has been returned or a mistrial declared.
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(o) A minor tried by the court and jury shall only be
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| found guilty, guilty but mentally ill, not guilty or not guilty by reason of insanity, upon the unanimous verdict of the jury.
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(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-615) Sec. 5-615. Continuance under supervision. (1) The court may enter an order of continuance under supervision for an offense other than first degree murder, a Class X felony or a forcible felony: (a) upon an admission or stipulation by the |
| appropriate respondent or minor respondent of the facts supporting the petition and before the court makes a finding of delinquency, and in the absence of objection made in open court by the minor, the minor's parent, guardian, or legal custodian, the minor's attorney, or the State's Attorney; or
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(b) upon a finding of delinquency and after
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| considering the circumstances of the offense and the history, character, and condition of the minor, if the court is of the opinion that:
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(i) the minor is not likely to commit further
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(ii) the minor and the public would be best
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| served if the minor were not to receive a criminal record; and
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(iii) in the best interests of justice an order
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| of continuance under supervision is more appropriate than a sentence otherwise permitted under this Act.
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(2) (Blank).
(3) Nothing in this Section limits the power of the court to order a continuance of the hearing for the production of additional evidence or for any other proper reason.
(4) When a hearing where a minor is alleged to be a delinquent is continued pursuant to this Section, the period of continuance under supervision may not exceed 24 months. The court may terminate a continuance under supervision at any time if warranted by the conduct of the minor and the ends of justice or vacate the finding of delinquency or both.
(5) When a hearing where a minor is alleged to be delinquent is continued pursuant to this Section, the court may, as conditions of the continuance under supervision, require the minor to do any of the following:
(a) not violate any criminal statute of any
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(b) make a report to and appear in person before any
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| person or agency as directed by the court;
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(c) work or pursue a course of study or vocational
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(d) undergo medical or psychotherapeutic treatment
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| rendered by a therapist licensed under the provisions of the Medical Practice Act of 1987, the Clinical Psychologist Licensing Act, or the Clinical Social Work and Social Work Practice Act, or an entity licensed by the Department of Human Services as a successor to the Department of Alcoholism and Substance Abuse, for the provision of substance use disorder services as defined in Section 1-10 of the Substance Use Disorder Act;
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(e) attend or reside in a facility established for
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| the instruction or residence of persons on probation;
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(f) support the minor's dependents, if any;
(g) (blank);
(h) refrain from possessing a firearm or other
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| dangerous weapon, or an automobile;
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(i) permit the probation officer to visit the minor
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| at the minor's home or elsewhere;
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(j) reside with the minor's parents or in a foster
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(k) attend school;
(k-5) with the consent of the superintendent of the
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| facility, attend an educational program at a facility other than the school in which the offense was committed if the minor committed a crime of violence as defined in Section 2 of the Crime Victims Compensation Act in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
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(l) attend a non-residential program for youth;
(m) provide nonfinancial contributions to the minor's
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| own support at home or in a foster home;
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(n) perform some reasonable public or community
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| service that does not interfere with school hours, school-related activities, or work commitments of the minor or the minor's parent, guardian, or legal custodian;
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(o) make restitution to the victim, in the same
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| manner and under the same conditions as provided in subsection (4) of Section 5-710, except that the "sentencing hearing" referred to in that Section shall be the adjudicatory hearing for purposes of this Section;
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(p) comply with curfew requirements as designated by
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(q) refrain from entering into a designated
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| geographic area except upon terms as the court finds appropriate. The terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the minor, and advance approval by a probation officer;
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(r) refrain from having any contact, directly or
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| indirectly, with certain specified persons or particular types of persons, including, but not limited to, members of street gangs and drug users or dealers;
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(r-5) undergo a medical or other procedure to have a
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| tattoo symbolizing allegiance to a street gang removed from the minor's body;
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(s) refrain from having in the minor's body the
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| presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of the minor's blood or urine or both for tests to determine the presence of any illicit drug; or
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(t) comply with any other conditions as may be
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(6) A minor whose case is continued under supervision under subsection (5) shall be given a certificate setting forth the conditions imposed by the court. Those conditions may be reduced, enlarged, or modified by the court on motion of the probation officer or on its own motion, or that of the State's Attorney, or, at the request of the minor after notice and hearing.
(7) If a petition is filed charging a violation of a condition of the continuance under supervision, the court shall conduct a hearing. If the court finds that a condition of supervision has not been fulfilled, the court may proceed to findings, adjudication, and disposition or adjudication and disposition. The filing of a petition for violation of a condition of the continuance under supervision shall toll the period of continuance under supervision until the final determination of the charge, and the term of the continuance under supervision shall not run until the hearing and disposition of the petition for violation; provided where the petition alleges conduct that does not constitute a criminal offense, the hearing must be held within 30 days of the filing of the petition unless a delay shall continue the tolling of the period of continuance under supervision for the period of the delay.
(8) When a hearing in which a minor is alleged to be a delinquent for reasons that include a violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012 is continued under this Section, the court shall, as a condition of the continuance under supervision, require the minor to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction. The community service shall include, but need not be limited to, the cleanup and repair of the damage that was caused by the alleged violation or similar damage to property located in the municipality or county in which the alleged violation occurred. The condition may be in addition to any other condition. Community service shall not interfere with the school hours, school-related activities, or work commitments of the minor or the minor's parent, guardian, or legal custodian.
(8.5) When a hearing in which a minor is alleged to be a delinquent for reasons that include a violation of Section 3.02 or Section 3.03 of the Humane Care for Animals Act or paragraph (d) of subsection (1) of Section 21-1 of the Criminal Code of 1961 or paragraph (4) of subsection (a) of Section 21-1 or the Criminal Code of 2012 is continued under this Section, the court shall, as a condition of the continuance under supervision, require the minor to undergo medical or psychiatric treatment rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist. The condition may be in addition to any other condition.
(9) When a hearing in which a minor is alleged to be a delinquent is continued under this Section, the court, before continuing the case, shall make a finding whether the offense alleged to have been committed either: (i) was related to or in furtherance of the activities of an organized gang or was motivated by the minor's membership in or allegiance to an organized gang, or (ii) is a violation of paragraph (13) of subsection (a) of Section 12-2 or paragraph (2) of subsection (c) of Section 12-2 of the Criminal Code of 1961 or the Criminal Code of 2012, a violation of any Section of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012, or a violation of any statute that involved the unlawful use of a firearm. If the court determines the question in the affirmative the court shall, as a condition of the continuance under supervision and as part of or in addition to any other condition of the supervision, require the minor to perform community service for not less than 30 hours, provided that community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. The community service shall include, but need not be limited to, the cleanup and repair of any damage caused by an alleged violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012 and similar damage to property located in the municipality or county in which the alleged violation occurred. When possible and reasonable, the community service shall be performed in the minor's neighborhood. For the purposes of this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. Community service shall not interfere with the school hours, school-related activities, or work commitments of the minor or the minor's parent, guardian, or legal custodian.
(10) (Blank).
(11) (Blank).
(12) Fines and assessments, including any fee or administrative cost authorized under Section 5-4.5-105, 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the Unified Code of Corrections, shall not be ordered or imposed on a minor or the minor's parent, guardian, or legal custodian as a condition of continuance under supervision. If the minor or the minor's parent, guardian, or legal custodian is unable to cover the cost of a condition under this subsection, the court shall not preclude the minor from receiving continuance under supervision based on the inability to pay. Inability to pay shall not be grounds to object to the minor's placement on a continuance under supervision.
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.)
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(705 ILCS 405/5-705) Sec. 5-705. Sentencing hearing; evidence; continuance. (1) In this subsection (1), "violent crime" has the same meaning ascribed to the term in subsection (c) of Section 3 of the Rights of Crime Victims and Witnesses Act. At the sentencing hearing, the court shall determine whether it is in the best interests of the minor or the public that the minor be made a ward of the court, and, if the minor is to be made a ward of the court, the court shall determine the proper disposition best serving the interests of the minor and the public. All evidence helpful in determining these questions, including oral and written reports, may be admitted and may be relied upon to the extent of its probative value, even though not competent for the purposes of the trial. A crime victim shall be allowed to present an oral or written statement, as guaranteed by Article I, Section 8.1 of the Illinois Constitution and as provided in Section 6 of the Rights of Crime Victims and Witnesses Act, in any case in which: (a) a juvenile has been adjudicated delinquent for a violent crime after a bench or jury trial; or (b) the petition alleged the commission of a violent crime and the juvenile has been adjudicated delinquent under a plea agreement of a crime that is not a violent crime. The court shall allow a victim to make an oral statement if the victim is present in the courtroom and requests to make an oral statement. An oral statement includes the victim or a representative of the victim reading the written statement. The court may allow persons impacted by the crime who are not victims under subsection (a) of Section 3 of the Rights of Crime Victims and Witnesses Act to present an oral or written statement. A victim and any person making an oral statement shall not be put under oath or subject to cross-examination. A record of a prior continuance under supervision under Section 5-615, whether successfully completed or not, is admissible at the sentencing hearing. No order of commitment to the Department of Juvenile Justice shall be entered against a minor before a written report of social investigation, which has been completed within the previous 60 days, is presented to and considered by the court. (2) Once a party has been served in compliance with Section 5-525, no further service or notice must be given to that party prior to proceeding to a sentencing hearing. Before imposing sentence the court shall advise the State's Attorney and the parties who are present or their counsel of the factual contents and the conclusions of the reports prepared for the use of the court and considered by it, and afford fair opportunity, if requested, to controvert them. Factual contents, conclusions, documents and sources disclosed by the court under this paragraph shall not be further disclosed without the express approval of the court. (3) On its own motion or that of the State's Attorney, a parent, guardian, legal custodian, or counsel, the court may adjourn the hearing for a reasonable period to receive reports or other evidence and, in such event, shall make an appropriate order for detention of the minor or the minor's release from detention subject to supervision by the court during the period of the continuance. In the event the court shall order detention hereunder, the period of the continuance shall not exceed 30 court days. At the end of such time, the court shall release the minor from detention unless notice is served at least 3 days prior to the hearing on the continued date that the State will be seeking an extension of the period of detention, which notice shall state the reason for the request for the extension. The extension of detention may be for a maximum period of an additional 15 court days or a lesser number of days at the discretion of the court. However, at the expiration of the period of extension, the court shall release the minor from detention if a further continuance is granted. In scheduling investigations and hearings, the court shall give priority to proceedings in which a minor is in detention or has otherwise been removed from the minor's home before a sentencing order has been made. (4) When commitment to the Department of Juvenile Justice is ordered, the court shall state the basis for selecting the particular disposition, and the court shall prepare such a statement for inclusion in the record. (5) Before a sentencing order is entered by the court under Section 5-710 for a minor adjudged delinquent for a violation of paragraph (3.5) of subsection (a) of Section 26-1 of the Criminal Code of 2012, in which the minor made a threat of violence, death, or bodily harm against a person, school, school function, or school event, the court may order a mental health evaluation of the minor by a physician, clinical psychologist, or qualified examiner, whether employed by the State, by any public or private mental health facility or part of the facility, or by any public or private medical facility or part of the facility. A statement made by a minor during the course of a mental health evaluation conducted under this subsection (5) is not admissible on the issue of delinquency during the course of an adjudicatory hearing held under this Act. Neither the physician, clinical psychologist, or qualified examiner, or the employer of the physician, clinical psychologist, or qualified examiner, shall be held criminally, civilly, or professionally liable for performing a mental health examination under this subsection (5), except for willful or wanton misconduct. In this subsection (5), "qualified examiner" has the meaning provided in Section 1-122 of the Mental Health and Developmental Disabilities Code. (Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) |
(705 ILCS 405/5-710) Sec. 5-710. Kinds of sentencing orders. (1) The following kinds of sentencing orders may be made in respect of wards of the court: (a) Except as provided in Sections 5-805, 5-810, and |
| 5-815, a minor who is found guilty under Section 5-620 may be:
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|
(i) put on probation or conditional discharge and
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| released to the minor's parents, guardian or legal custodian, provided, however, that any such minor who is not committed to the Department of Juvenile Justice under this subsection and who is found to be a delinquent for an offense which is first degree murder, a Class X felony, or a forcible felony shall be placed on probation;
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(ii) placed in accordance with Section 5-740,
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| with or without also being put on probation or conditional discharge;
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(iii) required to undergo a substance abuse
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| assessment conducted by a licensed provider and participate in the indicated clinical level of care;
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(iv) on and after January 1, 2015 (the effective
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| date of Public Act 98-803) and before January 1, 2017, placed in the guardianship of the Department of Children and Family Services, but only if the delinquent minor is under 16 years of age or, pursuant to Article II of this Act, a minor under the age of 18 for whom an independent basis of abuse, neglect, or dependency exists. On and after January 1, 2017, placed in the guardianship of the Department of Children and Family Services, but only if the delinquent minor is under 15 years of age or, pursuant to Article II of this Act, a minor for whom an independent basis of abuse, neglect, or dependency exists. An independent basis exists when the allegations or adjudication of abuse, neglect, or dependency do not arise from the same facts, incident, or circumstances which give rise to a charge or adjudication of delinquency;
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(v) placed in detention for a period not to
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| exceed 30 days, either as the exclusive order of disposition or, where appropriate, in conjunction with any other order of disposition issued under this paragraph, provided that any such detention shall be in a juvenile detention home and the minor so detained shall be 10 years of age or older. However, the 30-day limitation may be extended by further order of the court for a minor under age 15 committed to the Department of Children and Family Services if the court finds that the minor is a danger to the minor or others. The minor shall be given credit on the sentencing order of detention for time spent in detention under Sections 5-501, 5-601, 5-710, or 5-720 of this Article as a result of the offense for which the sentencing order was imposed. The court may grant credit on a sentencing order of detention entered under a violation of probation or violation of conditional discharge under Section 5-720 of this Article for time spent in detention before the filing of the petition alleging the violation. A minor shall not be deprived of credit for time spent in detention before the filing of a violation of probation or conditional discharge alleging the same or related act or acts. The limitation that the minor shall only be placed in a juvenile detention home does not apply as follows:
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Persons 18 years of age and older who have a
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| petition of delinquency filed against them may be confined in an adult detention facility. In making a determination whether to confine a person 18 years of age or older who has a petition of delinquency filed against the person, these factors, among other matters, shall be considered:
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(A) the age of the person;
(B) any previous delinquent or criminal
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(C) any previous abuse or neglect history of
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(D) any mental health history of the person;
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(E) any educational history of the person;
(vi) ordered partially or completely emancipated
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| in accordance with the provisions of the Emancipation of Minors Act;
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(vii) subject to having the minor's driver's
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| license or driving privileges suspended for such time as determined by the court but only until the minor attains 18 years of age;
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(viii) put on probation or conditional discharge
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| and placed in detention under Section 3-6039 of the Counties Code for a period not to exceed the period of incarceration permitted by law for adults found guilty of the same offense or offenses for which the minor was adjudicated delinquent, and in any event no longer than upon attainment of age 21; this subdivision (viii) notwithstanding any contrary provision of the law;
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(ix) ordered to undergo a medical or other
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| procedure to have a tattoo symbolizing allegiance to a street gang removed from the minor's body; or
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(x) placed in electronic monitoring or home
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| detention under Part 7A of this Article.
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(b) A minor found to be guilty may be committed to
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| the Department of Juvenile Justice under Section 5-750 if the minor is at least 13 years and under 20 years of age, provided that the commitment to the Department of Juvenile Justice shall be made only if the minor was found guilty of a felony offense or first degree murder. The court shall include in the sentencing order any pre-custody credits the minor is entitled to under Section 5-4.5-100 of the Unified Code of Corrections. The time during which a minor is in custody before being released upon the request of a parent, guardian or legal custodian shall also be considered as time spent in custody.
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(c) When a minor is found to be guilty for an offense
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| which is a violation of the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act and made a ward of the court, the court may enter a disposition order requiring the minor to undergo assessment, counseling or treatment in a substance use disorder treatment program approved by the Department of Human Services.
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(2) Any sentencing order other than commitment to the Department of Juvenile Justice may provide for protective supervision under Section 5-725 and may include an order of protection under Section 5-730.
(3) Unless the sentencing order expressly so provides, it does not operate to close proceedings on the pending petition, but is subject to modification until final closing and discharge of the proceedings under Section 5-750.
(4) In addition to any other sentence, the court may order any minor found to be delinquent to make restitution, in monetary or non-monetary form, under the terms and conditions of Section 5-5-6 of the Unified Code of Corrections, except that the "presentencing hearing" referred to in that Section shall be the sentencing hearing for purposes of this Section. The parent, guardian or legal custodian of the minor may be ordered by the court to pay some or all of the restitution on the minor's behalf, pursuant to the Parental Responsibility Law. The State's Attorney is authorized to act on behalf of any victim in seeking restitution in proceedings under this Section, up to the maximum amount allowed in Section 5 of the Parental Responsibility Law.
(5) Any sentencing order where the minor is committed or placed in accordance with Section 5-740 shall provide for the parents or guardian of the estate of the minor to pay to the legal custodian or guardian of the person of the minor such sums as are determined by the custodian or guardian of the person of the minor as necessary for the minor's needs. The payments may not exceed the maximum amounts provided for by Section 9.1 of the Children and Family Services Act.
(6) Whenever the sentencing order requires the minor to attend school or participate in a program of training, the truant officer or designated school official shall regularly report to the court if the minor is a chronic or habitual truant under Section 26-2a of the School Code. Notwithstanding any other provision of this Act, in instances in which educational services are to be provided to a minor in a residential facility where the minor has been placed by the court, costs incurred in the provision of those educational services must be allocated based on the requirements of the School Code.
(7) In no event shall a guilty minor be committed to the Department of Juvenile Justice for a period of time in excess of that period for which an adult could be committed for the same act. The court shall include in the sentencing order a limitation on the period of confinement not to exceed the maximum period of imprisonment the court could impose under Chapter V of the Unified Code of Corrections.
(7.5) In no event shall a guilty minor be committed to the Department of Juvenile Justice or placed in detention when the act for which the minor was adjudicated delinquent would not be illegal if committed by an adult.
(7.6) In no event shall a guilty minor be committed to the Department of Juvenile Justice for an offense which is a Class 4 felony under Section 19-4 (criminal trespass to a residence), 21-1 (criminal damage to property), 21-1.01 (criminal damage to government supported property), 21-1.3 (criminal defacement of property), 26-1 (disorderly conduct), or 31-4 (obstructing justice) of the Criminal Code of 2012.
(7.75) In no event shall a guilty minor be committed to the Department of Juvenile Justice for an offense that is a Class 3 or Class 4 felony violation of the Illinois Controlled Substances Act unless the commitment occurs upon a third or subsequent judicial finding of a violation of probation for substantial noncompliance with court-ordered treatment or programming.
(8) A minor found to be guilty for reasons that include a violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012 shall be ordered to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction. The community service shall include, but need not be limited to, the cleanup and repair of the damage that was caused by the violation or similar damage to property located in the municipality or county in which the violation occurred. The order may be in addition to any other order authorized by this Section. Community service shall not interfere with the school hours, school-related activities, or work commitments of the minor or the minor's parent, guardian, or legal custodian.
(8.5) A minor found to be guilty for reasons that include a violation of Section 3.02 or Section 3.03 of the Humane Care for Animals Act or paragraph (d) of subsection (1) of Section 21-1 of the Criminal Code of 1961 or paragraph (4) of subsection (a) of Section 21-1 of the Criminal Code of 2012 shall be ordered to undergo medical or psychiatric treatment rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist. The order may be in addition to any other order authorized by this Section.
(9) In addition to any other sentencing order, the court shall order any minor found to be guilty for an act which would constitute, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated criminal sexual abuse, or criminal sexual abuse if committed by an adult to undergo medical testing to determine whether the defendant has any sexually transmissible disease including a test for infection with human immunodeficiency virus (HIV) or any other identified causative agency of acquired immunodeficiency syndrome (AIDS). Any medical test shall be performed only by appropriately licensed medical practitioners and may include an analysis of any bodily fluids as well as an examination of the minor's person. Except as otherwise provided by law, the results of the test shall be kept strictly confidential by all medical personnel involved in the testing and must be personally delivered in a sealed envelope to the judge of the court in which the sentencing order was entered for the judge's inspection in camera. Acting in accordance with the best interests of the victim and the public, the judge shall have the discretion to determine to whom the results of the testing may be revealed. The court shall notify the minor of the results of the test for infection with the human immunodeficiency virus (HIV). The court shall also notify the victim if requested by the victim, and if the victim is under the age of 15 and if requested by the victim's parents or legal guardian, the court shall notify the victim's parents or the legal guardian, of the results of the test for infection with the human immunodeficiency virus (HIV). The court shall provide information on the availability of HIV testing and counseling at the Department of Public Health facilities to all parties to whom the results of the testing are revealed. The court shall order that the cost of any test shall be paid by the county.
(10) When a court finds a minor to be guilty the court shall, before entering a sentencing order under this Section, make a finding whether the offense committed either: (a) was related to or in furtherance of the criminal activities of an organized gang or was motivated by the minor's membership in or allegiance to an organized gang, or (b) involved a violation of subsection (a) of Section 12-7.1 of the Criminal Code of 1961 or the Criminal Code of 2012, a violation of any Section of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012, or a violation of any statute that involved the wrongful use of a firearm. If the court determines the question in the affirmative, and the court does not commit the minor to the Department of Juvenile Justice, the court shall order the minor to perform community service for not less than 30 hours nor more than 120 hours, provided that community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. The community service shall include, but need not be limited to, the cleanup and repair of any damage caused by a violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012 and similar damage to property located in the municipality or county in which the violation occurred. When possible and reasonable, the community service shall be performed in the minor's neighborhood. This order shall be in addition to any other order authorized by this Section except for an order to place the minor in the custody of the Department of Juvenile Justice. Community service shall not interfere with the school hours, school-related activities, or work commitments of the minor or the minor's parent, guardian, or legal custodian. For the purposes of this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(11) If the court determines that the offense was committed in furtherance of the criminal activities of an organized gang, as provided in subsection (10), and that the offense involved the operation or use of a motor vehicle or the use of a driver's license or permit, the court shall notify the Secretary of State of that determination and of the period for which the minor shall be denied driving privileges. If, at the time of the determination, the minor does not hold a driver's license or permit, the court shall provide that the minor shall not be issued a driver's license or permit until the minor's 18th birthday. If the minor holds a driver's license or permit at the time of the determination, the court shall provide that the minor's driver's license or permit shall be revoked until the minor's 21st birthday, or until a later date or occurrence determined by the court. If the minor holds a driver's license at the time of the determination, the court may direct the Secretary of State to issue the minor a judicial driving permit, also known as a JDP. The JDP shall be subject to the same terms as a JDP issued under Section 6-206.1 of the Illinois Vehicle Code, except that the court may direct that the JDP be effective immediately.
(12) (Blank).
(13) Fines and assessments, including any fee or administrative cost authorized under Section 5-4.5-105, 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the Unified Code of Corrections, relating to any sentencing order shall not be ordered or imposed on a minor or the minor's parent, guardian, or legal custodian. The inability of a minor, or minor's parent, guardian, or legal custodian, to cover the costs associated with an appropriate sentencing order shall not be the basis for the court to enter a sentencing order incongruent with the court's findings regarding the offense on which the minor was adjudicated or the mitigating factors.
(Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.)
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(705 ILCS 405/5-715) Sec. 5-715. Probation. (1) The period of probation or conditional discharge shall not exceed 5 years or until the minor has attained the age of 21 years, whichever is less, except as provided in this Section for a minor who is found to be guilty for an offense which is first degree murder. The juvenile court may terminate probation or conditional discharge and discharge the minor at any time if warranted by the conduct of the minor and the ends of justice; provided, however, that the period of probation for a minor who is found to be guilty for an offense which is first degree murder shall be at least 5 years. (1.5) The period of probation for a minor who is found guilty of aggravated criminal sexual assault, criminal sexual assault, or aggravated battery with a firearm shall be at least 36 months. The period of probation for a minor who is found to be guilty of any other Class X felony shall be at least 24 months. The period of probation for a Class 1 or Class 2 forcible felony shall be at least 18 months. Regardless of the length of probation ordered by the court, for all offenses under this subsection (1.5), the court shall schedule hearings to determine whether it is in the best interest of the minor and public safety to terminate probation after the minimum period of probation has been served. In such a hearing, there shall be a rebuttable presumption that it is in the best interest of the minor and public safety to terminate probation. (2) The court may as a condition of probation or of conditional discharge require that the minor: (a) not violate any criminal statute of any |
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(b) make a report to and appear in person before any
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| person or agency as directed by the court;
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(c) work or pursue a course of study or vocational
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(d) undergo medical or psychiatric treatment,
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| rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist or social work services rendered by a clinical social worker, or treatment for drug addiction or alcoholism;
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(e) attend or reside in a facility established for
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| the instruction or residence of persons on probation;
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(f) support the minor's dependents, if any;
(g) refrain from possessing a firearm or other
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| dangerous weapon, or an automobile;
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(h) permit the probation officer to visit the minor
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| at the minor's home or elsewhere;
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(i) reside with the minor's parents or in a foster
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(j) attend school;
(j-5) with the consent of the superintendent of the
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| facility, attend an educational program at a facility other than the school in which the offense was committed if the minor committed a crime of violence as defined in Section 2 of the Crime Victims Compensation Act in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
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(k) attend a non-residential program for youth;
(l) make restitution under the terms of subsection
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(m) provide nonfinancial contributions to the minor's
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| own support at home or in a foster home;
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(n) perform some reasonable public or community
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| service that does not interfere with school hours, school-related activities, or work commitments of the minor or the minor's parent, guardian, or legal custodian;
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(o) participate with community corrections programs
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| including unified delinquency intervention services administered by the Department of Human Services subject to Section 5 of the Children and Family Services Act;
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(p) (blank);
(q) serve a term of home confinement. In addition to
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| any other applicable condition of probation or conditional discharge, the conditions of home confinement shall be that the minor:
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(i) remain within the interior premises of the
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| place designated for the minor's confinement during the hours designated by the court;
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(ii) admit any person or agent designated by the
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| court into the minor's place of confinement at any time for purposes of verifying the minor's compliance with the conditions of the minor's confinement; and
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(iii) use an approved electronic monitoring
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| device if ordered by the court subject to Article 8A of Chapter V of the Unified Code of Corrections;
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(r) refrain from entering into a designated
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| geographic area except upon terms as the court finds appropriate. The terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the minor, and advance approval by a probation officer, if the minor has been placed on probation, or advance approval by the court, if the minor has been placed on conditional discharge;
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(s) refrain from having any contact, directly or
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| indirectly, with certain specified persons or particular types of persons, including, but not limited to, members of street gangs and drug users or dealers;
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(s-5) undergo a medical or other procedure to have a
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| tattoo symbolizing allegiance to a street gang removed from the minor's body;
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(t) refrain from having in the minor's body the
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| presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and shall submit samples of the minor's blood or urine or both for tests to determine the presence of any illicit drug; or
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(u) comply with other conditions as may be ordered by
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(3) The court may as a condition of probation or of conditional discharge require that a minor found guilty on any alcohol, cannabis, methamphetamine, or controlled substance violation, refrain from acquiring a driver's license during the period of probation or conditional discharge. If the minor is in possession of a permit or license, the court may require that the minor refrain from driving or operating any motor vehicle during the period of probation or conditional discharge, except as may be necessary in the course of the minor's lawful employment.
(3.5) The court shall, as a condition of probation or of conditional discharge, require that a minor found to be guilty and placed on probation for reasons that include a violation of Section 3.02 or Section 3.03 of the Humane Care for Animals Act or paragraph (4) of subsection (a) of Section 21-1 of the Criminal Code of 2012 undergo medical or psychiatric treatment rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist. The condition may be in addition to any other condition.
(3.10) The court shall order that a minor placed on probation or conditional discharge for a sex offense as defined in the Sex Offender Management Board Act undergo and successfully complete sex offender treatment. The treatment shall be in conformance with the standards developed under the Sex Offender Management Board Act and conducted by a treatment provider approved by the Board.
(4) A minor on probation or conditional discharge shall be given a certificate setting forth the conditions upon which the minor is being released.
(5) (Blank).
(5.5) Jurisdiction over an offender may be transferred from the sentencing court to the court of another circuit with the concurrence of both courts. Further transfers or retransfers of jurisdiction are also authorized in the same manner. The court to which jurisdiction has been transferred shall have the same powers as the sentencing court.
If the transfer case originated in another state and has been transferred under the Interstate Compact for Juveniles to the jurisdiction of an Illinois circuit court for supervision by an Illinois probation department, probation fees may be imposed only if permitted by the Interstate Commission for Juveniles.
(6) The General Assembly finds that in order to protect the public, the juvenile justice system must compel compliance with the conditions of probation by responding to violations with swift, certain, and fair punishments and intermediate sanctions. The Chief Judge of each circuit shall adopt a system of structured, intermediate sanctions for violations of the terms and conditions of a sentence of supervision, probation, or conditional discharge, under this Act.
The court shall provide as a condition of a disposition of probation, conditional discharge, or supervision, that the probation agency may invoke any sanction from the list of intermediate sanctions adopted by the chief judge of the circuit court for violations of the terms and conditions of the sentence of probation, conditional discharge, or supervision, subject to the provisions of Section 5-720 of this Act.
(7) Fines and assessments, including any fee or administrative cost authorized under Section 5-4.5-105, 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the Unified Code of Corrections, shall not be ordered or imposed on a minor or the minor's parent, guardian, or legal custodian as a condition of probation, conditional discharge, or supervision. If the minor or the minor's parent, guardian, or legal custodian is unable to cover the cost of a condition under this subsection, the court shall not preclude the minor from receiving probation, conditional discharge, or supervision based on the inability to pay. Inability to pay shall not be grounds to object to the minor's placement on probation, conditional discharge, or supervision.
(Source: P.A. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.)
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(705 ILCS 405/5-730)
Sec. 5-730. Order of protection.
(1) The court may make an order of protection in assistance of or as a
condition of any other order authorized by this Act. The order of protection
may set forth reasonable conditions of behavior to be observed for a specified
period. The order may require a
person:
(a) to stay away from the home or the minor;
(b) to permit a parent to visit the minor at stated |
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(c) to abstain from offensive conduct against the
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| minor, the minor's parent or any person to whom custody of the minor is awarded;
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(d) to give proper attention to the care of the home;
(e) to cooperate in good faith with an agency to
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| which custody of a minor is entrusted by the court or with an agency or association to which the minor is referred by the court;
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(f) to prohibit and prevent any contact whatsoever
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| with the respondent minor by a specified individual or individuals who are alleged in either a criminal or juvenile proceeding to have caused injury to a respondent minor or a sibling of a respondent minor;
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(g) to refrain from acts of commission or omission
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| that tend to make the home not a proper place for the minor.
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(2) The court shall enter an order of protection to prohibit and prevent
any contact between a respondent minor or a sibling of a respondent minor and
any person named in a petition seeking an order of protection who has been
convicted of heinous battery or aggravated battery under subdivision (a)(2) of Section 12-3.05, aggravated battery of a child or aggravated battery under subdivision (b)(1) of Section 12-3.05, criminal
sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse as described in the Criminal
Code of 1961 or the Criminal Code of 2012, or has been convicted of an offense that resulted in the death of
a child, or has violated a previous order of protection under this Section.
(3) When the court issues an order of protection against any person as
provided by this Section, the court shall direct a copy of such order to the
sheriff of that county. The sheriff shall furnish a copy of the order of
protection to the Illinois State Police within 24 hours of receipt, in the
form and manner required by the Department. The Illinois State Police
shall maintain a complete record and index of the orders of protection and
make this data available to all local law enforcement agencies.
(4) After notice and opportunity for hearing afforded to a person subject
to an order of protection, the order may be modified or extended for a further
specified period or both or may be terminated if the court finds that the best
interests of the minor and the public will be served by the modification,
extension, or termination.
(5) An order of protection may be sought at any time during the course of
any proceeding conducted under this Act. Any person against whom an
order of protection is sought may retain counsel to represent the person at a
hearing,
and has rights to be present at the hearing, to be informed prior to the
hearing in writing of the contents of the petition seeking a protective order
and of the date, place, and time of the hearing, and to cross-examine
witnesses called by the petitioner and to present witnesses and argument in
opposition to the relief sought in the petition.
(6) Diligent efforts shall be made by the petitioner to serve any person
or persons against whom any order of protection is sought with written notice
of the contents of the petition seeking a protective order and of the date,
place and time at which the hearing on the petition is to be held. When a
protective order is being sought in conjunction with a shelter care or
detention hearing, if the court finds that the person against whom the
protective order is being sought has been notified of the hearing or that
diligent efforts have been made to notify the person, the court may conduct a
hearing. If a protective order is sought at any
time other than in conjunction with a shelter care or detention hearing, the
court may not conduct a hearing on the petition in the absence of the person
against whom the order is sought unless the petitioner has notified the person
by personal service at least 3 days before the hearing or has sent written
notice by first class mail to the person's last known address at least 5 days
before the hearing.
(7) A person against whom an order of protection is being sought who is
neither a parent, guardian, or legal custodian or responsible relative as
described in Section 1-5 of this Act or is not a party or respondent as defined
in
that
Section shall not be entitled to the rights provided in that Section. The
person does not have a right to appointed counsel or to be present at
any hearing other than the hearing in which the order of protection is being
sought or a hearing directly pertaining to that order. Unless the court orders
otherwise, the person does not have a right to inspect the court file.
(8) All protective orders entered under this Section shall be in writing.
Unless the person against whom the order was obtained was present in court when
the order was issued, the sheriff, other law enforcement official, or special
process server shall promptly serve that order upon that person and file proof
of that service, in the manner provided for service of process in civil
proceedings. The person against whom the protective order was obtained may
seek a modification of the order by filing a written motion to modify the order
within 7 days
after actual receipt by the person of a copy of the order.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-740)
Sec. 5-740. Placement; legal custody or guardianship.
(1) If the court finds that the parents, guardian, or legal custodian of a
minor adjudged a ward of the court are unfit or are unable, for some reason
other than financial
circumstances alone, to care for, protect, train or discipline the minor or are
unwilling to do so, and that appropriate services aimed at family preservation
and family reunification have been unsuccessful in rectifying the conditions
which have led to a finding of unfitness or inability to care for, protect,
train or discipline the minor, and that it is in the best interest of the minor
to take the minor from the custody of the minor's parents, guardian or
custodian, the
court
may:
(a) place the minor in the custody of a suitable |
| relative or other person;
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(b) place the minor under the guardianship of a
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(c) commit the minor to an agency for care or
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| placement, except an institution under the authority of the Department of Juvenile Justice or of the Department of Children and Family Services;
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(d) commit the minor to some licensed training school
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(e) commit the minor to any appropriate institution
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| having among its purposes the care of delinquent children, including a child protective facility maintained by a child protection district serving the county from which commitment is made, but not including any institution under the authority of the Department of Juvenile Justice or of the Department of Children and Family Services.
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(2) When making such placement, the court, wherever possible, shall select
a person holding the same religious belief as that of the minor or a private
agency controlled by persons of like religious faith of the minor and shall
require the Department of Children and
Family Services to otherwise comply with Section 7 of the Children and Family
Services Act in placing the child. In addition, whenever alternative plans for
placement are available, the court shall ascertain and consider, to the extent
appropriate in the particular case, the views and preferences of the minor.
(3) When a minor is placed with a suitable relative or other person, the
court shall appoint the suitable relative or other person the legal custodian or guardian of the person of
the
minor. When a minor is committed to any agency, the court shall appoint the
proper officer or representative of the proper officer as legal custodian or
guardian of the
person of the minor. Legal custodians and guardians of the person of the minor
have the respective rights and duties set forth in subsection (9) of
Section 5-105 except as otherwise provided by order of court; but no guardian
of the person may consent to adoption of the minor. An agency whose
representative is appointed guardian of the person or legal custodian of the
minor may place the minor in any child care facility, but the facility must be
licensed under the Child Care Act of 1969 or have been approved by the
Department of Children and Family Services as meeting the standards established
for such licensing. Like authority and restrictions shall be conferred by the
court upon any probation officer who has been appointed guardian of the person
of a minor.
(4) No placement by any probation officer or agency whose representative
is
appointed guardian of the person or legal custodian of a minor may be made in
any out of State
child care facility unless it complies with the Interstate Compact on the
Placement of Children.
(5) The clerk of the court shall issue to the guardian or legal custodian
of the person a certified copy of the order of court, as proof of the guardian's or legal custodian's
authority. No other process is necessary as authority for the keeping of the
minor.
(6) Legal custody or guardianship granted under this Section continues
until the court otherwise directs, but not after the minor reaches the age of
21 years except as set forth in Section 5-750.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-745)
Sec. 5-745. Court review.
(1) The court may require any legal custodian or guardian of the person
appointed under this Act, including the Department of Juvenile Justice for youth committed under Section 5-750 of this Act, to report periodically to the court or may cite the legal custodian or guardian into court and require the legal custodian or guardian, or the legal custodian's or guardian's agency, to make a full
and accurate report of the
doings of the legal custodian, guardian, or agency on behalf of the minor, including efforts to secure post-release placement of the youth after release from the Department's facilities. The legal custodian or
guardian,
within 10 days after the citation, shall make the report, either in writing
verified by affidavit or orally under oath in open court, or otherwise as the
court directs. Upon the hearing of the report the court may remove the legal
custodian or guardian and appoint another in the legal custodian's or guardian's stead or restore the
minor to
the custody of the minor's parents or former guardian or legal custodian.
(2) If the Department of Children and Family Services is appointed legal custodian or guardian of a minor under Section 5-740 of this Act, the Department of Children and Family Services shall file updated case plans with the court every 6 months. Every agency
which has guardianship of a child shall file a supplemental petition for court
review, or review by an administrative body appointed or approved by the court
and further order within 18 months of the sentencing order and each 18 months
thereafter. The petition shall state facts relative to the child's present
condition of physical, mental and emotional health as well as facts relative to the minor's
present custodial or foster care. The petition shall be set for
hearing
and the clerk shall mail 10 days notice of the hearing by certified mail,
return receipt requested, to the person or agency having the physical custody
of the child, the minor and other interested parties unless a
written waiver of notice is filed with the petition.
If the minor is in the custody of the Illinois Department of Children and Family Services, pursuant to an order entered under this Article, the court shall conduct permanency hearings as set out in subsections (1), (2), and (3) of Section 2-28 of Article II of this Act. Rights of wards of the court under this Act are enforceable against any
public agency by complaints for relief by mandamus filed in any proceedings
brought under this Act.
(3) The minor or any person interested in the minor may apply to the court
for a change in custody of the minor and the appointment of a new custodian or
guardian of the person or for the restoration of the minor to the custody of the minor's
parents or former guardian or custodian. In the event that the
minor has
attained 18 years of age and the guardian or custodian petitions the court for
an order terminating the minor's guardianship or custody, guardianship or legal
custody
shall terminate automatically 30 days after the receipt of the petition unless
the
court orders otherwise. No legal custodian or guardian of the person may be
removed without the legal custodian's or guardian's consent until given notice and an opportunity to be
heard by the court.
(4) If the minor is committed to the Department of Juvenile Justice under Section 5-750 of this Act, the Department shall notify the court in writing of the occurrence of any of the following: (a) a critical incident involving a youth committed |
| to the Department; as used in this paragraph (a), "critical incident" means any incident that involves a serious risk to the life, health, or well-being of the youth and includes, but is not limited to, an accident or suicide attempt resulting in serious bodily harm or hospitalization, psychiatric hospitalization, alleged or suspected abuse, or escape or attempted escape from custody, filed within 10 days of the occurrence;
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(b) a youth who has been released by the Prisoner
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| Review Board but remains in a Department facility solely because the youth does not have an approved aftercare release host site, filed within 10 days of the occurrence;
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(c) a youth, except a youth who has been adjudicated
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| a habitual or violent juvenile offender under Section 5-815 or 5-820 of this Act or committed for first degree murder, who has been held in a Department facility for over one consecutive year; or
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(d) if a report has been filed under paragraph (c) of
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| this subsection, a supplemental report shall be filed every 6 months thereafter.
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The notification required by this subsection (4) shall contain a brief description of the incident or situation and a summary of the youth's current physical, mental, and emotional health and the actions the Department took in response to the incident or to identify an aftercare release host site, as applicable. Upon receipt of the notification, the court may require the Department to make a full report under subsection (1) of this Section.
(5) With respect to any report required to be filed with the court under this Section, the Independent Juvenile Ombudsperson shall provide a copy to the minor's court appointed guardian ad litem, if the Department has received written notice of the appointment, and to the minor's attorney, if the Department has received written notice of representation from the attorney. If the Department has a record that a guardian has been appointed for the minor and a record of the last known address of the minor's court appointed guardian, the Independent Juvenile Ombudsperson shall send a notice to the guardian that the report is available and will be provided by the Independent Juvenile Ombudsperson upon request. If the Department has no record regarding the appointment of a guardian for the minor, and the Department's records include the last known addresses of the minor's parents, the Independent Juvenile Ombudsperson shall send a notice to the parents that the report is available and will be provided by the Independent Juvenile Ombudsperson upon request.
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-750)
Sec. 5-750. Commitment to the Department of Juvenile Justice. (1) Except as provided in subsection (2) of this Section, when any
delinquent has been adjudged a ward of the court under this Act, the court may
commit the minor to the Department of Juvenile Justice, if it
finds
that (a) the minor's parents, guardian or legal custodian are unfit or are
unable, for
some reason other than financial circumstances alone, to care for, protect,
train or discipline the minor, or are unwilling to do so,
and the best interests of the minor and
the public will not be served by placement under Section 5-740,
or it is
necessary to ensure the protection of the public from the consequences of
criminal activity of the delinquent; and (b)
commitment to the Department of Juvenile Justice is the least
restrictive alternative based on evidence that efforts were
made to locate less restrictive alternatives to secure
confinement and the reasons why efforts were unsuccessful in
locating a less restrictive alternative to secure confinement. Before the court commits a minor to the Department of Juvenile Justice, it shall make a finding that secure confinement is necessary,
following a review of the following individualized factors: (A) Age of the minor. (B) Criminal background of the minor. (C) Review of results of any assessments of the |
| minor, including child centered assessments such as the CANS.
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(D) Educational background of the minor, indicating
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| whether the minor has ever been assessed for a learning disability, and if so what services were provided as well as any disciplinary incidents at school.
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(E) Physical, mental and emotional health of the
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| minor, indicating whether the minor has ever been diagnosed with a health issue and if so what services were provided and whether the minor was compliant with services.
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(F) Community based services that have been provided
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| to the minor, and whether the minor was compliant with the services, and the reason the services were unsuccessful.
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(G) Services within the Department of Juvenile
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| Justice that will meet the individualized needs of the minor.
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(1.5) Before the court commits a minor to the Department of Juvenile Justice, the court must find reasonable efforts have been made to prevent or eliminate the need for the minor to be removed from the home, or reasonable efforts cannot, at this time, for good cause, prevent or eliminate the need for removal, and removal from home is in the best interests of the minor, the minor's family, and the public.
(2) When a minor of the age of at least 13 years is adjudged delinquent
for the offense of first degree murder, the court shall declare the minor a
ward of the court and order the minor committed to the Department of
Juvenile Justice until the minor's 21st birthday, without the
possibility of aftercare release, furlough, or non-emergency authorized absence for a
period of 5 years from the date the minor was committed to the Department of
Juvenile Justice, except that the time that a minor spent in custody for the instant
offense before being committed to the Department of Juvenile Justice shall be considered as time
credited towards that 5 year period. Upon release from a Department facility, a minor adjudged delinquent for first degree murder shall be placed on aftercare release until the age of 21, unless sooner discharged from aftercare release or custodianship is otherwise terminated in accordance with this Act or as otherwise provided for by law. Nothing in this subsection (2) shall
preclude the State's Attorney from seeking to prosecute a minor as an adult as
an alternative to proceeding under this Act.
(3) Except as provided in subsection (2), the commitment of a
delinquent to the Department of Juvenile Justice shall be for an indeterminate term
which shall automatically terminate upon the delinquent attaining the age of 21
years or upon completion of that period for which an adult could be committed for the same act, whichever occurs sooner, unless the delinquent is sooner discharged from aftercare release or custodianship
is otherwise terminated in accordance with this Act or as otherwise provided
for by law.
(3.5) Every delinquent minor committed to the Department of Juvenile Justice under this Act shall be eligible for aftercare release without regard to the length of time the minor has been confined or whether the minor has served any minimum term imposed. Aftercare release shall be administered by the Department of Juvenile Justice, under the direction of the Director. Unless sooner discharged, the Department of Juvenile Justice shall discharge a minor from aftercare release upon completion of the following aftercare release terms:
(a) One and a half years from the date a minor is
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| released from a Department facility, if the minor was committed for a Class X felony;
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|
(b) One year from the date a minor is released
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| from a Department facility, if the minor was committed for a Class 1 or 2 felony; and
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(c) Six months from the date a minor is released
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| from a Department facility, if the minor was committed for a Class 3 felony or lesser offense.
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(4) When the court commits a minor to the Department of Juvenile Justice, it
shall order the minor conveyed forthwith to the appropriate reception station
or
other place designated by the Department of Juvenile Justice, and shall appoint the
Director of Juvenile Justice legal custodian of the
minor. The clerk of the court shall issue to the
Director of Juvenile Justice a certified copy of the order,
which constitutes proof of the Director's authority. No other process need
issue to
warrant the keeping of the minor.
(5) If a minor is committed to the Department of Juvenile Justice, the clerk of the court shall forward to the Department:
(a) the sentencing order and copies of committing
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(b) all reports;
(c) the court's statement of the basis for ordering
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(d) any sex offender evaluations;
(e) any risk assessment or substance abuse
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| treatment eligibility screening and assessment of the minor by an agent designated by the State to provide assessment services for the courts;
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|
(f) the number of days, if any, which the minor
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| has been in custody and for which the minor is entitled to credit against the sentence, which information shall be provided to the clerk by the sheriff;
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|
(g) any medical or mental health records or
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|
(h) the municipality where the arrest of the minor
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| occurred, the commission of the offense occurred, and the minor resided at the time of commission;
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(h-5) a report detailing the minor's criminal history
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| in a manner and form prescribed by the Department of Juvenile Justice;
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|
(i) all additional matters which the court directs
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| the clerk to transmit; and
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|
(j) all police reports for sex offenses as defined by
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| the Sex Offender Management Board Act.
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(6) Whenever the Department of Juvenile Justice lawfully discharges from its
custody and
control a minor committed to it, the Director of Juvenile Justice shall petition the court for an order terminating the minor's
custodianship. The custodianship shall terminate automatically 30 days after
receipt of the petition unless the court orders otherwise.
(7) If, while on aftercare release, a minor committed to the Department of Juvenile Justice who resides in this State is charged under the criminal laws of this State, the criminal laws of any other state, or federal law with an offense that could result in a sentence of imprisonment within the Department of Corrections, the penal system of any state, or the federal Bureau of Prisons, the commitment to the Department of Juvenile Justice and all rights and duties created by that commitment are automatically suspended pending final disposition of the criminal charge. If the minor is found guilty of the criminal charge and sentenced to a term of imprisonment in the penitentiary system of the Department of Corrections, the penal system of any state, or the federal Bureau of Prisons, the commitment to the Department of Juvenile Justice shall be automatically terminated. If the criminal charge is dismissed, the minor is found not guilty, or the minor completes a criminal sentence other than imprisonment within the Department of Corrections, the penal system of any state, or the federal Bureau of Prisons, the previously imposed commitment to the Department of Juvenile Justice and the full aftercare release term shall be automatically reinstated unless custodianship is sooner terminated. Nothing in this subsection (7) shall preclude the court from ordering another sentence under Section 5-710 of this Act or from terminating the Department's custodianship while the commitment to the Department is suspended.
(Source: P.A. 102-350, eff. 8-13-21; 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-7A-115) Sec. 5-7A-115. Program description. The supervising authority may promulgate rules that prescribe reasonable guidelines under which an electronic monitoring and home detention program shall operate. These rules shall include, but not be limited to, the following: (A) The participant shall remain within the interior |
| premises or within the property boundaries of the participant's residence at all times during the hours designated by the supervising authority. Such instances of approved absences from the home may include, but are not limited to, the following:
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|
(1) working or employment approved by the court
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| or traveling to or from approved employment;
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|
(2) unemployed and seeking employment approved
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| for the participant by the court;
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|
(3) undergoing medical, psychiatric, mental
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| health treatment, counseling, or other treatment programs approved for the participant by the court;
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|
(4) attending an educational institution or a
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| program approved for the participant by the court;
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|
(5) attending a regularly scheduled religious
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| service at a place of worship;
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|
(6) participating in community work release or
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| community service programs approved for the participant by the supervising authority; or
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|
(7) for another compelling reason consistent with
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| the public interest, as approved by the supervising authority.
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|
(B) The participant shall admit any person or agent
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| designated by the supervising authority into the participant's residence at any time for purposes of verifying the participant's compliance with the conditions of the participant's detention.
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|
(C) The participant shall make the necessary
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| arrangements to allow for any person or agent designated by the supervising authority to visit the participant's place of education or employment at any time, based upon the approval of the educational institution or employer or both, for the purpose of verifying the participant's compliance with the conditions of the participant's detention.
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|
(D) The participant shall acknowledge and participate
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| with the approved electronic monitoring device as designated by the supervising authority at any time for the purpose of verifying the participant's compliance with the conditions of the participant's detention.
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|
(E) The participant shall maintain the following:
(1) a working telephone in the participant's home;
(2) a monitoring device in the participant's home
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| or on the participant's person, or both; and
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|
(3) a monitoring device in the participant's home
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| and on the participant's person in the absence of a telephone.
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|
(F) The participant shall obtain approval from the
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| supervising authority before the participant changes residence or the schedule described in paragraph (A) of this Section.
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|
(G) The participant shall not commit another act that
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| if committed by an adult would constitute a crime during the period of home detention ordered by the court.
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|
(H) Notice to the participant that violation of the
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| order for home detention may subject the participant to an adjudicatory hearing for escape as described in Section 5-7A-120.
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|
(I) The participant shall abide by other conditions
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| as set by the supervising authority.
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|
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-805)
Sec. 5-805. Transfer of jurisdiction.
(1) (Blank).
(2) Presumptive transfer.
(a) If the State's Attorney files a petition, at any |
| time prior to commencement of the minor's trial, to permit prosecution under the criminal laws and the petition alleges a minor 15 years of age or older of an act that constitutes a forcible felony under the laws of this State, and if a motion by the State's Attorney to prosecute the minor under the criminal laws of Illinois for the alleged forcible felony alleges that (i) the minor has previously been adjudicated delinquent or found guilty for commission of an act that constitutes a forcible felony under the laws of this State or any other state and (ii) the act that constitutes the offense was committed in furtherance of criminal activity by an organized gang, and, if the juvenile judge assigned to hear and determine motions to transfer a case for prosecution in the criminal court determines that there is probable cause to believe that the allegations in the petition and motion are true, there is a rebuttable presumption that the minor is not a fit and proper subject to be dealt with under the Juvenile Justice Reform Provisions of 1998 (Public Act 90-590), and that, except as provided in paragraph (b), the case should be transferred to the criminal court.
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|
(b) The judge shall enter an order permitting
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| prosecution under the criminal laws of Illinois unless the judge makes a finding based on clear and convincing evidence that the minor would be amenable to the care, treatment, and training programs available through the facilities of the juvenile court based on an evaluation of the following:
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|
(i) the age of the minor;
(ii) the history of the minor, including:
(A) any previous delinquent or criminal
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|
(B) any previous abuse or neglect history of
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|
(C) any mental health, physical or
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| educational history of the minor or combination of these factors, and
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|
(D) any involvement of the minor in the
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|
(iii) the circumstances of the offense,
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|
(A) the seriousness of the offense,
(B) whether the minor is charged through
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|
(C) whether there is evidence the offense was
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| committed in an aggressive and premeditated manner,
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|
(D) whether there is evidence the offense
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| caused serious bodily harm,
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|
(E) whether there is evidence the minor
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| possessed a deadly weapon,
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|
(F) whether there is evidence the minor was
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| subjected to outside pressure, including peer pressure, familial pressure, or negative influences, and
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|
(G) the minor's degree of participation and
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| specific role in the offense;
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|
(iv) the advantages of treatment within the
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| juvenile justice system including whether there are facilities or programs, or both, particularly available in the juvenile system;
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|
(v) whether the security of the public requires
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| sentencing under Chapter V of the Unified Code of Corrections:
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|
(A) the minor's history of services,
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| including the minor's willingness to participate meaningfully in available services;
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|
(B) whether there is a reasonable likelihood
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| that the minor can be rehabilitated before the expiration of the juvenile court's jurisdiction; and
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|
(C) the adequacy of the punishment or
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|
In considering these factors, the court shall give
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| greater weight to the seriousness of the alleged offense and the minor's prior record of delinquency than to the other factors listed in this subsection.
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|
(3) Discretionary transfer.
(a) If a petition alleges commission by a minor 13
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| years of age or over of an act that constitutes a crime under the laws of this State and, on motion of the State's Attorney to permit prosecution of the minor under the criminal laws, a Juvenile Judge assigned by the Chief Judge of the Circuit to hear and determine those motions, after hearing but before commencement of the trial, finds that there is probable cause to believe that the allegations in the motion are true and that it is not in the best interests of the public to proceed under this Act, the court may enter an order permitting prosecution under the criminal laws.
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|
(b) In making its determination on the motion to
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| permit prosecution under the criminal laws, the court shall consider among other matters:
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|
(i) the age of the minor;
(ii) the history of the minor, including:
(A) any previous delinquent or criminal
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|
(B) any previous abuse or neglect history of
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|
(C) any mental health, physical, or
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| educational history of the minor or combination of these factors, and
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|
(D) any involvement of the minor in the child
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|
(iii) the circumstances of the offense,
|
|
(A) the seriousness of the offense,
(B) whether the minor is charged through
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|
(C) whether there is evidence the offense was
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| committed in an aggressive and premeditated manner,
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|
(D) whether there is evidence the offense
|
| caused serious bodily harm,
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|
(E) whether there is evidence the minor
|
| possessed a deadly weapon,
|
|
(F) whether there is evidence the minor was
|
| subjected to outside pressure, including peer pressure, familial pressure, or negative influences, and
|
|
(G) the minor's degree of participation and
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| specific role in the offense;
|
|
(iv) the advantages of treatment within the
|
| juvenile justice system including whether there are facilities or programs, or both, particularly available in the juvenile system;
|
|
(v) whether the security of the public requires
|
| sentencing under Chapter V of the Unified Code of Corrections:
|
|
(A) the minor's history of services,
|
| including the minor's willingness to participate meaningfully in available services;
|
|
(B) whether there is a reasonable likelihood
|
| that the minor can be rehabilitated before the expiration of the juvenile court's jurisdiction; and
|
|
(C) the adequacy of the punishment or
|
|
In considering these factors, the court shall give
|
| greater weight to the seriousness of the alleged offense, the minor's prior record of delinquency than to the other factors listed in this subsection.
|
|
(4) The rules of evidence for this hearing shall be the same as under
Section 5-705 of this Act. A minor must be represented in court by counsel
before the hearing may be commenced.
(5) If criminal proceedings are instituted, the petition for adjudication
of wardship shall be dismissed insofar as the act or acts involved in the
criminal proceedings. Taking of evidence in a trial on petition for
adjudication of wardship is a bar to criminal proceedings based upon the
conduct alleged in the petition.
(6) When criminal prosecution is permitted under this Section and a finding of guilt is entered, the criminal court shall sentence the minor under Section 5-4.5-105 of the Unified Code of Corrections.
(7) The changes made to this Section by this amendatory Act of the 99th General Assembly apply to a minor who has been taken into custody on or after the effective date of this amendatory Act of the 99th General Assembly.
(Source: P.A. 103-191, eff. 1-1-24 .)
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