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Public Act 098-0892
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| HB4082 Enrolled | LRB098 15640 HEP 50671 b |
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by |
changing Sections 5-305 and 6-1 as follows:
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(705 ILCS 405/5-305)
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Sec. 5-305. Probation adjustment.
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(1) The court may authorize the probation officer to confer |
in a
preliminary conference with a minor who is alleged to have |
committed an
offense, his or her parent, guardian or legal |
custodian, the victim, the
juvenile police officer, the State's |
Attorney, and other interested
persons concerning the |
advisability of filing a petition under Section
5-520,
with a |
view to adjusting suitable cases without the filing of a |
petition as
provided for in this Article, the probation officer |
should schedule a
conference
promptly except when the State's |
Attorney insists on court action or when the
minor has |
indicated that he or she will demand a judicial hearing and |
will not
comply
with a probation adjustment.
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(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.
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(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.
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(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
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proceeding against the minor under the criminal laws of this |
State prior to his
or her conviction under those laws.
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(4) When a probation adjustment is appropriate, the |
probation officer shall
promptly formulate a written, |
non-judicial adjustment plan following the
initial conference.
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(5) Non-judicial probation adjustment plans include but |
are not limited to
the following:
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(a) up to 6 months informal supervision within the |
family;
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(b) up to 12 months informal supervision with a |
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 to |
a person other
than
a parent;
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(d) referral to special educational, counseling, or |
other rehabilitative
social or educational programs;
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(e) referral to residential treatment programs;
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(f) participation in a public or community service |
program or activity;
and
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(g) any other appropriate action with the consent of |
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the minor and a
parent.
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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.
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(7) Beginning January 1, 2000,
the probation officer who |
imposes a probation adjustment plan shall
assure
that |
information about an offense which would constitute a felony if |
committed
by an adult, and may assure that information about a |
misdemeanor offense, is
transmitted to the Department of State |
Police.
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(8) If the minor fails to comply with any term or condition |
of the non-judicial probation adjustment, the matter
shall be |
referred to the State's Attorney for determination of whether a |
petition under this Article shall be
filed. |
(Source: P.A. 92-329, eff. 8-9-01.)
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(705 ILCS 405/6-1) (from Ch. 37, par. 806-1)
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Sec. 6-1. Probation departments; functions and duties.
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(1) The chief judge of each circuit shall make provision |
for probation
services for each county in his or her circuit. |
The appointment of officers
to probation or court services |
departments and the administration of such
departments shall be |
governed by the provisions of the Probation and
Probation |
Officers Act.
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(2) Every county or every group of counties constituting a |
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probation
district shall maintain a court services or probation
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department subject to the provisions of the Probation and |
Probation
Officers Act. For the purposes of this Act, such a |
court services or
probation department has, but is not limited |
to, the following powers and
duties:
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(a) When authorized or directed by the court, to |
receive, investigate
and evaluate complaints indicating |
dependency, requirement of authoritative
intervention, |
addiction or delinquency within the meaning of Sections |
2-3, 2-4,
3-3, 4-3 or 5-105, respectively; to determine or |
assist the complainant in
determining whether a petition |
should be filed under Sections 2-13, 3-15, 4-12
or 5-520 or |
whether referral should be made to an agency, association |
or other
person or whether some other action is advisable; |
and to see that the
indicating filing, referral or other |
action is accomplished. However, no such
investigation, |
evaluation or supervision by such court services or |
probation
department is to occur with regard to complaints |
indicating only that a minor
may be a chronic or habitual |
truant.
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(a-1) To confer in a preliminary conference, with a |
view to adjusting suitable cases without
the filing of a |
petition as provided for in Section 2-12 or Section 5-305.
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(b) When a petition is filed under Section 2-13, 3-15, |
4-15 or 5-520, to
make pre-adjudicatory pre-hearing |
investigations and formulate recommendations to the court
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when the court has authorized or directed the department to |
do so.
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(b-1) When authorized or directed by the court, and |
with the consent of the party
respondents and the State's |
Attorney, to confer in a pre-adjudicatory conference, with |
a view to
adjusting suitable cases as provided for in |
Section 2-12 or Section 5-305.
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(c) To counsel and, by order of the court, to supervise |
minors referred
to the court; to conduct indicated programs |
of casework, including
referrals for medical and mental |
health service, organized recreation
and job placement for |
wards of the court and, when appropriate, for
members of |
the family of a ward; to act as liaison officer between the
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court and agencies or associations to which minors are |
referred or
through which they are placed; when so |
appointed, to serve as guardian
of the person of a ward of |
the court; to provide probation supervision
and protective |
supervision ordered by the court; and to provide like
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services to wards and probationers of courts in other |
counties or
jurisdictions who have lawfully become local |
residents.
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(d) To arrange for placements pursuant to court order.
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(e) To assume administrative responsibility for such |
detention,
shelter care and other institutions for minors |
as the court may operate.
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(f) To maintain an adequate system of case records, |
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statistical
records, and financial records related to |
juvenile detention and shelter
care and to make reports to |
the court and other authorized persons, and to
the Supreme |
Court pursuant to the Probation and Probation Officers Act.
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(g) To perform such other services as may be |
appropriate to
effectuate the purposes of this Act or as |
may be directed by any order
of court made under this Act.
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(3) The court services or probation department in any |
probation district
or county having less than 1,000,000 |
inhabitants, or any personnel of the
department, may be |
required by the circuit court to render services to the
court |
in other matters as well as proceedings under this Act.
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(4) In any county or probation district, a probation |
department
may be established as a separate division of a more |
inclusive department
of court services, with any appropriate |
divisional designation. The
organization of any such |
department of court services and the appointment
of officers |
and other personnel must comply with the Probation and
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Probations Officers Act.
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(5) For purposes of this Act only, probation officers |
appointed to
probation or court services
departments shall be |
considered peace officers. In the
exercise of their official |
duties, probation officers, sheriffs, and police
officers may, |
anywhere within the State, arrest any minor who is in violation
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of any of the conditions of his or her probation, continuance |
under
supervision, or
informal supervision, and it shall be the |