HB4610ham001 93RD GENERAL ASSEMBLY

Juvenile Justice Reform Committee

Adopted in House Comm. on Mar 04, 2004

09300HB4610ham001 LRB093 19450 RLC 47444 a

AMENDMENT TO HOUSE BILL 4610

AMENDMENT NO. ______. Amend House Bill 4610 by replacing everything after the enacting clause with the following:

4		"Section 5. The Juvenile Court Act of 1987 is amended by
5		changing Sections 1-7, 1-8, 1-9, 2-10, 3-12, 4-9, 5-105, 5-120,
6		5-130, 5-410, 5-901, 5-905, and 5-915 as follows:
7		(705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
8		Sec. 1-7. Confidentiality of law enforcement records.
9		(A) Inspection and copying of law enforcement records
10		maintained by law enforcement agencies that relate to a minor
11		who has been arrested or taken into custody before his or her
12		18th 17th birthday shall be restricted to the following:
13		(1) Any local, State or federal law enforcement
14		officers of any jurisdiction or agency when necessary for
15		the discharge of their official duties during the
16		investigation or prosecution of a crime or relating to a
17		minor who has been adjudicated delinquent and there has
18		been a previous finding that the act which constitutes the
19		previous offense was committed in furtherance of criminal
20		activities by a criminal street gang. For purposes of this
21		Section, "criminal street gang" has the meaning ascribed to
22		it in Section 10 of the Illinois Streetgang Terrorism
23		Omnibus Prevention Act.

1		(2) Prosecutors, probation officers, social workers,
2		or other individuals assigned by the court to conduct a
3		pre-adjudication or pre-disposition investigation, and
4		individuals responsible for supervising or providing
5		temporary or permanent care and custody for minors pursuant
6		to the order of the juvenile court, when essential to
7		performing their responsibilities.
8		(3) Prosecutors and probation officers:
9		(a) in the course of a trial when institution of
10		criminal proceedings has been permitted or required
11		under Section 5-805; or
12		(b) when institution of criminal proceedings has
13		been permitted or required under Section 5-805 and such
14		minor is the subject of a proceeding to determine the
15		amount of bail; or
16		(c) when criminal proceedings have been permitted
17		or required under Section 5-805 and such minor is the
18		subject of a pre-trial investigation, pre-sentence
19		investigation, fitness hearing, or proceedings on an
20		application for probation.
21		(4) Adult and Juvenile Prisoner Review Board.
22		(5) Authorized military personnel.
23		(6) Persons engaged in bona fide research, with the
24		permission of the Presiding Judge of the Juvenile Court and
25		the chief executive of the respective law enforcement
26		agency; provided that publication of such research results
27		in no disclosure of a minor's identity and protects the
28		confidentiality of the minor's record.
29		(7) Department of Children and Family Services child
30		protection investigators acting in their official
31		capacity.
32		(8) The appropriate school official. Inspection and
33		copying shall be limited to law enforcement records
34		transmitted to the appropriate school official by a local

1		law enforcement agency under a reciprocal reporting system
2		established and maintained between the school district and
3		the local law enforcement agency under Section 10-20.14 of
4		the School Code concerning a minor enrolled in a school
5		within the school district who has been arrested or taken
6		into custody for any of the following offenses:
7		(i) unlawful use of weapons under Section 24-1 of
8		the Criminal Code of 1961;
9		(ii) a violation of the Illinois Controlled
10		Substances Act;
11		(iii) a violation of the Cannabis Control Act; or
12		(iv) a forcible felony as defined in Section 2-8 of
13		the Criminal Code of 1961.
14		(9) Mental health professionals on behalf of the
15		Illinois Department of Corrections or the Department of
16		Human Services or prosecutors who are evaluating,
17		prosecuting, or investigating a potential or actual
18		petition brought under the Sexually Violent Persons
19		Commitment Act relating to a person who is the subject of
20		juvenile law enforcement records or the respondent to a
21		petition brought under the Sexually Violent Persons
22		Commitment Act who is the subject of the juvenile law
23		enforcement records sought. Any records and any
24		information obtained from those records under this
25		paragraph (9) may be used only in sexually violent persons
26		commitment proceedings.
27		(B) (1) Except as provided in paragraph (2), no law
28		enforcement officer or other person or agency may knowingly
29		transmit to the Department of Corrections, Adult Division
30		or the Department of State Police or to the Federal Bureau
31		of Investigation any fingerprint or photograph relating to
32		a minor who has been arrested or taken into custody before
33		his or her 18th 17th birthday, unless the court in
34		proceedings under this Act authorizes the transmission or

1		enters an order under Section 5-805 permitting or requiring
2		the institution of criminal proceedings.
3		(2) Law enforcement officers or other persons or
4		agencies shall transmit to the Department of State Police
5		copies of fingerprints and descriptions of all minors who
6		have been arrested or taken into custody before their 18th
7		17th birthday for the offense of unlawful use of weapons
8		under Article 24 of the Criminal Code of 1961, a Class X or
9		Class 1 felony, a forcible felony as defined in Section 2-8
10		of the Criminal Code of 1961, or a Class 2 or greater
11		felony under the Cannabis Control Act, the Illinois
12		Controlled Substances Act, or Chapter 4 of the Illinois
13		Vehicle Code, pursuant to Section 5 of the Criminal
14		Identification Act. Information reported to the Department
15		pursuant to this Section may be maintained with records
16		that the Department files pursuant to Section 2.1 of the
17		Criminal Identification Act. Nothing in this Act prohibits
18		a law enforcement agency from fingerprinting a minor taken
19		into custody or arrested before his or her 18th 17th
20		birthday for an offense other than those listed in this
21		paragraph (2).
22		(C) The records of law enforcement officers concerning all
23		minors under 18 17 years of age must be maintained separate
24		from the records of arrests and may not be open to public
25		inspection or their contents disclosed to the public except by
26		order of the court or when the institution of criminal
27		proceedings has been permitted or required under Section 5-805
28		or such a person has been convicted of a crime and is the
29		subject of pre-sentence investigation or proceedings on an
30		application for probation or when provided by law.
31		(D) Nothing contained in subsection (C) of this Section
32		shall prohibit the inspection or disclosure to victims and
33		witnesses of photographs contained in the records of law
34		enforcement agencies when the inspection and disclosure is

1		conducted in the presence of a law enforcement officer for the
2		purpose of the identification or apprehension of any person
3		subject to the provisions of this Act or for the investigation
4		or prosecution of any crime.
5		(E) Law enforcement officers may not disclose the identity
6		of any minor in releasing information to the general public as
7		to the arrest, investigation or disposition of any case
8		involving a minor.
9		(F) Nothing contained in this Section shall prohibit law
10		enforcement agencies from communicating with each other by
11		letter, memorandum, teletype or intelligence alert bulletin or
12		other means the identity or other relevant information
13		pertaining to a person under 18 17 years of age if there are
14		reasonable grounds to believe that the person poses a real and
15		present danger to the safety of the public or law enforcement
16		officers. The information provided under this subsection (F)
17		shall remain confidential and shall not be publicly disclosed,
18		except as otherwise allowed by law.
19		(G) Nothing in this Section shall prohibit the right of a
20		Civil Service Commission or appointing authority of any state,
21		county or municipality examining the character and fitness of
22		an applicant for employment with a law enforcement agency,
23		correctional institution, or fire department from obtaining
24		and examining the records of any law enforcement agency
25		relating to any record of the applicant having been arrested or
26		taken into custody before the applicant's 18th 17th birthday.
27		(Source: P.A. 91-357, eff. 7-29-99; 91-368, eff. 1-1-00;
28		92-415, eff. 8-17-01.)
29		(705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
30		Sec. 1-8. Confidentiality and accessibility of juvenile
31		court records.
32		(A) Inspection and copying of juvenile court records
33		relating to a minor who is the subject of a proceeding under

1		this Act shall be restricted to the following:
2		(1) The minor who is the subject of record, his
3		parents, guardian and counsel.
4		(2) Law enforcement officers and law enforcement
5		agencies when such information is essential to executing an
6		arrest or search warrant or other compulsory process, or to
7		conducting an ongoing investigation or relating to a minor
8		who has been adjudicated delinquent and there has been a
9		previous finding that the act which constitutes the
10		previous offense was committed in furtherance of criminal
11		activities by a criminal street gang.
12		Before July 1, 1994, for the purposes of this Section,
13		"criminal street gang" means any ongoing organization,
14		association, or group of 3 or more persons, whether formal
15		or informal, having as one of its primary activities the
16		commission of one or more criminal acts and that has a
17		common name or common identifying sign, symbol or specific
18		color apparel displayed, and whose members individually or
19		collectively engage in or have engaged in a pattern of
20		criminal activity.
21		Beginning July 1, 1994, for purposes of this Section,
22		"criminal street gang" has the meaning ascribed to it in
23		Section 10 of the Illinois Streetgang Terrorism Omnibus
24		Prevention Act.
25		(3) Judges, hearing officers, prosecutors, probation
26		officers, social workers or other individuals assigned by
27		the court to conduct a pre-adjudication or predisposition
28		investigation, and individuals responsible for supervising
29		or providing temporary or permanent care and custody for
30		minors pursuant to the order of the juvenile court when
31		essential to performing their responsibilities.
32		(4) Judges, prosecutors and probation officers:
33		(a) in the course of a trial when institution of
34		criminal proceedings has been permitted or required

1		under Section 5-805; or
2		(b) when criminal proceedings have been permitted
3		or required under Section 5-805 and a minor is the
4		subject of a proceeding to determine the amount of
5		bail; or
6		(c) when criminal proceedings have been permitted
7		or required under Section 5-805 and a minor is the
8		subject of a pre-trial investigation, pre-sentence
9		investigation or fitness hearing, or proceedings on an
10		application for probation; or
11		(d) when a minor becomes 18 17 years of age or
12		older, and is the subject of criminal proceedings,
13		including a hearing to determine the amount of bail, a
14		pre-trial investigation, a pre-sentence investigation,
15		a fitness hearing, or proceedings on an application for
16		probation.
17		(5) Adult and Juvenile Prisoner Review Boards.
18		(6) Authorized military personnel.
19		(7) Victims, their subrogees and legal
20		representatives; however, such persons shall have access
21		only to the name and address of the minor and information
22		pertaining to the disposition or alternative adjustment
23		plan of the juvenile court.
24		(8) Persons engaged in bona fide research, with the
25		permission of the presiding judge of the juvenile court and
26		the chief executive of the agency that prepared the
27		particular records; provided that publication of such
28		research results in no disclosure of a minor's identity and
29		protects the confidentiality of the record.
30		(9) The Secretary of State to whom the Clerk of the
31		Court shall report the disposition of all cases, as
32		required in Section 6-204 of the Illinois Vehicle Code.
33		However, information reported relative to these offenses
34		shall be privileged and available only to the Secretary of

1		State, courts, and police officers.
2		(10) The administrator of a bonafide substance abuse
3		student assistance program with the permission of the
4		presiding judge of the juvenile court.
5		(11) Mental health professionals on behalf of the
6		Illinois Department of Corrections or the Department of
7		Human Services or prosecutors who are evaluating,
8		prosecuting, or investigating a potential or actual
9		petition brought under the Sexually Persons Commitment Act
10		relating to a person who is the subject of juvenile court
11		records or the respondent to a petition brought under the
12		Sexually Violent Persons Commitment Act, who is the subject
13		of juvenile court records sought. Any records and any
14		information obtained from those records under this
15		paragraph (11) may be used only in sexually violent persons
16		commitment proceedings.
17		(B) A minor who is the victim in a juvenile proceeding
18		shall be provided the same confidentiality regarding
19		disclosure of identity as the minor who is the subject of
20		record.
21		(C) Except as otherwise provided in this subsection (C),
22		juvenile court records shall not be made available to the
23		general public but may be inspected by representatives of
24		agencies, associations and news media or other properly
25		interested persons by general or special order of the court.
26		The State's Attorney, the minor, his parents, guardian and
27		counsel shall at all times have the right to examine court
28		files and records.
29		(1) The court shall allow the general public to have
30		access to the name, address, and offense of a minor who is
31		adjudicated a delinquent minor under this Act under either
32		of the following circumstances:
33		(A) The adjudication of delinquency was based upon
34		the minor's commission of first degree murder, attempt

1		to commit first degree murder, aggravated criminal
2		sexual assault, or criminal sexual assault; or
3		(B) The court has made a finding that the minor was
4		at least 13 years of age at the time the act was
5		committed and the adjudication of delinquency was
6		based upon the minor's commission of: (i) an act in
7		furtherance of the commission of a felony as a member
8		of or on behalf of a criminal street gang, (ii) an act
9		involving the use of a firearm in the commission of a
10		felony, (iii) an act that would be a Class X felony
11		offense under or the minor's second or subsequent Class
12		2 or greater felony offense under the Cannabis Control
13		Act if committed by an adult, (iv) an act that would be
14		a second or subsequent offense under Section 402 of the
15		Illinois Controlled Substances Act if committed by an
16		adult, or (v) an act that would be an offense under
17		Section 401 of the Illinois Controlled Substances Act
18		if committed by an adult.
19		(2) The court shall allow the general public to have
20		access to the name, address, and offense of a minor who is
21		at least 13 years of age at the time the offense is
22		committed and who is convicted, in criminal proceedings
23		permitted or required under Section 5-805 5-4, under either
24		of the following circumstances:
25		(A) The minor has been convicted of first degree
26		murder, attempt to commit first degree murder,
27		aggravated criminal sexual assault, or criminal sexual
28		assault,
29		(B) The court has made a finding that the minor was
30		at least 13 years of age at the time the offense was
31		committed and the conviction was based upon the minor's
32		commission of: (i) an offense in furtherance of the
33		commission of a felony as a member of or on behalf of a
34		criminal street gang, (ii) an offense involving the use

1		of a firearm in the commission of a felony, (iii) a
2		Class X felony offense under or a second or subsequent
3		Class 2 or greater felony offense under the Cannabis
4		Control Act, (iv) a second or subsequent offense under
5		Section 402 of the Illinois Controlled Substances Act,
6		or (v) an offense under Section 401 of the Illinois
7		Controlled Substances Act.
8		(D) Pending or following any adjudication of delinquency
9		for any offense defined in Sections 12-13 through 12-16 of the
10		Criminal Code of 1961, the victim of any such offense shall
11		receive the rights set out in Sections 4 and 6 of the Bill of
12		Rights for Victims and Witnesses of Violent Crime Act; and the
13		juvenile who is the subject of the adjudication,
14		notwithstanding any other provision of this Act, shall be
15		treated as an adult for the purpose of affording such rights to
16		the victim.
17		(E) Nothing in this Section shall affect the right of a
18		Civil Service Commission or appointing authority of any state,
19		county or municipality examining the character and fitness of
20		an applicant for employment with a law enforcement agency,
21		correctional institution, or fire department to ascertain
22		whether that applicant was ever adjudicated to be a delinquent
23		minor and, if so, to examine the records of disposition or
24		evidence which were made in proceedings under this Act.
25		(F) Following any adjudication of delinquency for a crime
26		which would be a felony if committed by an adult, or following
27		any adjudication of delinquency for a violation of Section
28		24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961, the
29		State's Attorney shall ascertain whether the minor respondent
30		is enrolled in school and, if so, shall provide a copy of the
31		dispositional order to the principal or chief administrative
32		officer of the school. Access to such juvenile records shall be
33		limited to the principal or chief administrative officer of the
34		school and any guidance counselor designated by him.

1		(G) Nothing contained in this Act prevents the sharing or
2		disclosure of information or records relating or pertaining to
3		juveniles subject to the provisions of the Serious Habitual
4		Offender Comprehensive Action Program when that information is
5		used to assist in the early identification and treatment of
6		habitual juvenile offenders.
7		(H) When a Court hearing a proceeding under Article II of
8		this Act becomes aware that an earlier proceeding under Article
9		II had been heard in a different county, that Court shall
10		request, and the Court in which the earlier proceedings were
11		initiated shall transmit, an authenticated copy of the Court
12		record, including all documents, petitions, and orders filed
13		therein and the minute orders, transcript of proceedings, and
14		docket entries of the Court.
15		(I) The Clerk of the Circuit Court shall report to the
16		Department of State Police, in the form and manner required by
17		the Department of State Police, the final disposition of each
18		minor who has been arrested or taken into custody before his or
19		her 18th 17th birthday for those offenses required to be
20		reported under Section 5 of the Criminal Identification Act.
21		Information reported to the Department under this Section may
22		be maintained with records that the Department files under
23		Section 2.1 of the Criminal Identification Act.
24		(Source: P.A. 91-357, eff. 7-29-99; 91-368, eff. 1-1-00,
25		92-415, eff. 8-17-01.)
26		(705 ILCS 405/1-9) (from Ch. 37, par. 801-9)
27		Sec. 1-9. Expungement of law enforcement and juvenile court
28		records.
29		(1) Expungement of law enforcement and juvenile court
30		delinquency records shall be governed by Section 5-915.
31		(2) This subsection (2) applies to expungement of law
32		enforcement and juvenile court records other than delinquency
33		proceedings. Whenever any person has attained the age of 18 17

1		or whenever all juvenile court proceedings relating to that
2		person have been terminated, whichever is later, the person may
3		petition the court to expunge law enforcement records relating
4		to incidents occurring before his 18th 17th birthday or his
5		juvenile court records, or both, if the minor was placed under
6		supervision pursuant to Sections 2-20, 3-21, or 4-18, and such
7		order of supervision has since been successfully terminated.
8		(3) The chief judge of the circuit in which an arrest was
9		made or a charge was brought or any judge of that circuit
10		designated by the chief judge may, upon verified petition of a
11		person who is the subject of an arrest or a juvenile court
12		proceeding pursuant to subsection (2) of this Section, order
13		the law enforcement records or juvenile court records, or both,
14		to be expunged from the official records of the arresting
15		authority and the clerk of the circuit court. Notice of the
16		petition shall be served upon the State's Attorney and upon the
17		arresting authority which is the subject of the petition for
18		expungement.
19		(Source: P.A. 90-590, eff. 1-1-99.)
20		(705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
21		Sec. 2-10. Temporary custody hearing. At the appearance of
22		the minor before the court at the temporary custody hearing,
23		all witnesses present shall be examined before the court in
24		relation to any matter connected with the allegations made in
25		the petition.
26		(1) If the court finds that there is not probable cause to
27		believe that the minor is abused, neglected or dependent it
28		shall release the minor and dismiss the petition.
29		(2) If the court finds that there is probable cause to
30		believe that the minor is abused, neglected or dependent, the
31		court shall state in writing the factual basis supporting its
32		finding and the minor, his or her parent, guardian, custodian
33		and other persons able to give relevant testimony shall be

1		examined before the court. The Department of Children and
2		Family Services shall give testimony concerning indicated
3		reports of abuse and neglect, of which they are aware of
4		through the central registry, involving the minor's parent,
5		guardian or custodian. After such testimony, the court may,
6		consistent with the health, safety and best interests of the
7		minor, enter an order that the minor shall be released upon the
8		request of parent, guardian or custodian if the parent,
9		guardian or custodian appears to take custody. Custodian shall
10		include any agency of the State which has been given custody or
11		wardship of the child. If it is consistent with the health,
12		safety and best interests of the minor, the court may also
13		prescribe shelter care and order that the minor be kept in a
14		suitable place designated by the court or in a shelter care
15		facility designated by the Department of Children and Family
16		Services or a licensed child welfare agency; however, a minor
17		charged with a criminal offense under the Criminal Code of 1961
18		or adjudicated delinquent shall not be placed in the custody of
19		or committed to the Department of Children and Family Services
20		by any court, except a minor less than 13 years of age and
21		committed to the Department of Children and Family Services
22		under Section 5-710 of this Act or a minor for whom an
23		independent basis of abuse, neglect, or dependency exists,
24		which must be defined by departmental rule. In placing the
25		minor, the Department or other agency shall, to the extent
26		compatible with the court's order, comply with Section 7 of the
27		Children and Family Services Act. In determining the health,
28		safety and best interests of the minor to prescribe shelter
29		care, the court must find that it is a matter of immediate and
30		urgent necessity for the safety and protection of the minor or
31		of the person or property of another that the minor be placed
32		in a shelter care facility or that he or she is likely to flee
33		the jurisdiction of the court, and must further find that
34		reasonable efforts have been made or that, consistent with the

1		health, safety and best interests of the minor, no efforts
2		reasonably can be made to prevent or eliminate the necessity of
3		removal of the minor from his or her home. The court shall
4		require documentation from the Department of Children and
5		Family Services as to the reasonable efforts that were made to
6		prevent or eliminate the necessity of removal of the minor from
7		his or her home or the reasons why no efforts reasonably could
8		be made to prevent or eliminate the necessity of removal. When
9		a minor is placed in the home of a relative, the Department of
10		Children and Family Services shall complete a preliminary
11		background review of the members of the minor's custodian's
12		household in accordance with Section 4.3 of the Child Care Act
13		of 1969 within 90 days of that placement. If the minor is
14		ordered placed in a shelter care facility of the Department of
15		Children and Family Services or a licensed child welfare
16		agency, the court shall, upon request of the appropriate
17		Department or other agency, appoint the Department of Children
18		and Family Services Guardianship Administrator or other
19		appropriate agency executive temporary custodian of the minor
20		and the court may enter such other orders related to the
21		temporary custody as it deems fit and proper, including the
22		provision of services to the minor or his family to ameliorate
23		the causes contributing to the finding of probable cause or to
24		the finding of the existence of immediate and urgent necessity.
25		Acceptance of services shall not be considered an admission of
26		any allegation in a petition made pursuant to this Act, nor may
27		a referral of services be considered as evidence in any
28		proceeding pursuant to this Act, except where the issue is
29		whether the Department has made reasonable efforts to reunite
30		the family. In making its findings that it is consistent with
31		the health, safety and best interests of the minor to prescribe
32		shelter care, the court shall state in writing (i) the factual
33		basis supporting its findings concerning the immediate and
34		urgent necessity for the protection of the minor or of the

1		person or property of another and (ii) the factual basis
2		supporting its findings that reasonable efforts were made to
3		prevent or eliminate the removal of the minor from his or her
4		home or that no efforts reasonably could be made to prevent or
5		eliminate the removal of the minor from his or her home. The
6		parents, guardian, custodian, temporary custodian and minor
7		shall each be furnished a copy of such written findings. The
8		temporary custodian shall maintain a copy of the court order
9		and written findings in the case record for the child. The
10		order together with the court's findings of fact in support
11		thereof shall be entered of record in the court.
12		Once the court finds that it is a matter of immediate and
13		urgent necessity for the protection of the minor that the minor
14		be placed in a shelter care facility, the minor shall not be
15		returned to the parent, custodian or guardian until the court
16		finds that such placement is no longer necessary for the
17		protection of the minor.
18		If the child is placed in the temporary custody of the
19		Department of Children and Family Services for his or her
20		protection, the court shall admonish the parents, guardian,
21		custodian or responsible relative that the parents must
22		cooperate with the Department of Children and Family Services,
23		comply with the terms of the service plans, and correct the
24		conditions which require the child to be in care, or risk
25		termination of their parental rights.
26		(3) If prior to the shelter care hearing for a minor
27		described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party is
28		unable to serve notice on the party respondent, the shelter
29		care hearing may proceed ex-parte. A shelter care order from an
30		ex-parte hearing shall be endorsed with the date and hour of
31		issuance and shall be filed with the clerk's office and entered
32		of record. The order shall expire after 10 days from the time
33		it is issued unless before its expiration it is renewed, at a
34		hearing upon appearance of the party respondent, or upon an

1		affidavit of the moving party as to all diligent efforts to
2		notify the party respondent by notice as herein prescribed. The
3		notice prescribed shall be in writing and shall be personally
4		delivered to the minor or the minor's attorney and to the last
5		known address of the other person or persons entitled to
6		notice. The notice shall also state the nature of the
7		allegations, the nature of the order sought by the State,
8		including whether temporary custody is sought, and the
9		consequences of failure to appear and shall contain a notice
10		that the parties will not be entitled to further written
11		notices or publication notices of proceedings in this case,
12		including the filing of an amended petition or a motion to
13		terminate parental rights, except as required by Supreme Court
14		Rule 11; and shall explain the right of the parties and the
15		procedures to vacate or modify a shelter care order as provided
16		in this Section. The notice for a shelter care hearing shall be
17		substantially as follows:
18		NOTICE TO PARENTS AND CHILDREN
19		OF SHELTER CARE HEARING
20		On ................ at ........., before the Honorable
21		................, (address:) ................., the State
22		of Illinois will present evidence (1) that (name of child
23		or children) ....................... are abused, neglected
24		or dependent for the following reasons:
25		.............................................. and (2)
26		that there is "immediate and urgent necessity" to remove
27		the child or children from the responsible relative.
28		YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
29		PLACEMENT of the child or children in foster care until a
30		trial can be held. A trial may not be held for up to 90
31		days. You will not be entitled to further notices of
32		proceedings in this case, including the filing of an
33		amended petition or a motion to terminate parental rights.
34		At the shelter care hearing, parents have the following

1		rights:
2		1. To ask the court to appoint a lawyer if they
3		cannot afford one.
4		2. To ask the court to continue the hearing to
5		allow them time to prepare.
6		3. To present evidence concerning:
7		a. Whether or not the child or children were
8		abused, neglected or dependent.
9		b. Whether or not there is "immediate and
10		urgent necessity" to remove the child from home
11		(including: their ability to care for the child,
12		conditions in the home, alternative means of
13		protecting the child other than removal).
14		c. The best interests of the child.
15		4. To cross examine the State's witnesses.
16		The Notice for rehearings shall be substantially as
17		follows:
18		NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
19		TO REHEARING ON TEMPORARY CUSTODY
20		If you were not present at and did not have adequate
21		notice of the Shelter Care Hearing at which temporary
22		custody of ............... was awarded to
23		................, you have the right to request a full
24		rehearing on whether the State should have temporary
25		custody of ................. To request this rehearing,
26		you must file with the Clerk of the Juvenile Court
27		(address): ........................, in person or by
28		mailing a statement (affidavit) setting forth the
29		following:
30		1. That you were not present at the shelter care
31		hearing.
32		2. That you did not get adequate notice (explaining
33		how the notice was inadequate).

1		3. Your signature.
2		4. Signature must be notarized.
3		The rehearing should be scheduled within 48 hours of
4		your filing this affidavit.
5		At the rehearing, your rights are the same as at the
6		initial shelter care hearing. The enclosed notice explains
7		those rights.
8		At the Shelter Care Hearing, children have the
9		following rights:
10		1. To have a guardian ad litem appointed.
11		2. To be declared competent as a witness and to
12		present testimony concerning:
13		a. Whether they are abused, neglected or
14		dependent.
15		b. Whether there is "immediate and urgent
16		necessity" to be removed from home.
17		c. Their best interests.
18		3. To cross examine witnesses for other parties.
19		4. To obtain an explanation of any proceedings and
20		orders of the court.
21		(4) If the parent, guardian, legal custodian, responsible
22		relative, minor age 8 or over, or counsel of the minor did not
23		have actual notice of or was not present at the shelter care
24		hearing, he or she may file an affidavit setting forth these
25		facts, and the clerk shall set the matter for rehearing not
26		later than 48 hours, excluding Sundays and legal holidays,
27		after the filing of the affidavit. At the rehearing, the court
28		shall proceed in the same manner as upon the original hearing.
29		(5) Only when there is reasonable cause to believe that the
30		minor taken into custody is a person described in subsection
31		(3) of Section 5-105 may the minor be kept or detained in a
32		detention home or county or municipal jail. This Section shall
33		in no way be construed to limit subsection (6).
34		(6) No minor under 16 years of age may be confined in a

1		jail or place ordinarily used for the confinement of prisoners
2		in a police station. Minors under 18 17 years of age must be
3		kept separate from confined adults and may not at any time be
4		kept in the same cell, room, or yard with adults confined
5		pursuant to the criminal law.
6		(7) If the minor is not brought before a judicial officer
7		within the time period as specified in Section 2-9, the minor
8		must immediately be released from custody.
9		(8) If neither the parent, guardian or custodian appears
10		within 24 hours to take custody of a minor released upon
11		request pursuant to subsection (2) of this Section, then the
12		clerk of the court shall set the matter for rehearing not later
13		than 7 days after the original order and shall issue a summons
14		directed to the parent, guardian or custodian to appear. At the
15		same time the probation department shall prepare a report on
16		the minor. If a parent, guardian or custodian does not appear
17		at such rehearing, the judge may enter an order prescribing
18		that the minor be kept in a suitable place designated by the
19		Department of Children and Family Services or a licensed child
20		welfare agency.
21		(9) Notwithstanding any other provision of this Section any
22		interested party, including the State, the temporary
23		custodian, an agency providing services to the minor or family
24		under a service plan pursuant to Section 8.2 of the Abused and
25		Neglected Child Reporting Act, foster parent, or any of their
26		representatives, on notice to all parties entitled to notice,
27		may file a motion that it is in the best interests of the minor
28		to modify or vacate a temporary custody order on any of the
29		following grounds:
30		(a) It is no longer a matter of immediate and urgent
31		necessity that the minor remain in shelter care; or
32		(b) There is a material change in the circumstances of
33		the natural family from which the minor was removed and the
34		child can be cared for at home without endangering the

1		child's health or safety; or
2		(c) A person not a party to the alleged abuse, neglect
3		or dependency, including a parent, relative or legal
4		guardian, is capable of assuming temporary custody of the
5		minor; or
6		(d) Services provided by the Department of Children and
7		Family Services or a child welfare agency or other service
8		provider have been successful in eliminating the need for
9		temporary custody and the child can be cared for at home
10		without endangering the child's health or safety.
11		In ruling on the motion, the court shall determine whether
12		it is consistent with the health, safety and best interests of
13		the minor to modify or vacate a temporary custody order.
14		The clerk shall set the matter for hearing not later than
15		14 days after such motion is filed. In the event that the court
16		modifies or vacates a temporary custody order but does not
17		vacate its finding of probable cause, the court may order that
18		appropriate services be continued or initiated in behalf of the
19		minor and his or her family.
20		(10) When the court finds or has found that there is
21		probable cause to believe a minor is an abused minor as
22		described in subsection (2) of Section 2-3 and that there is an
23		immediate and urgent necessity for the abused minor to be
24		placed in shelter care, immediate and urgent necessity shall be
25		presumed for any other minor residing in the same household as
26		the abused minor provided:
27		(a) Such other minor is the subject of an abuse or
28		neglect petition pending before the court; and
29		(b) A party to the petition is seeking shelter care for
30		such other minor.
31		Once the presumption of immediate and urgent necessity has
32		been raised, the burden of demonstrating the lack of immediate
33		and urgent necessity shall be on any party that is opposing
34		shelter care for the other minor.

1		(Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-582, eff. 1-1-97;
2		89-626, eff. 8-9-96; 90-28, eff. 1-1-98; 90-87, eff. 9-1-97;
3		90-590, eff. 1-1-99; 90-655, eff. 7-30-98.)
4		(705 ILCS 405/3-12) (from Ch. 37, par. 803-12)
5		Sec. 3-12. Shelter care hearing. At the appearance of the
6		minor before the court at the shelter care hearing, all
7		witnesses present shall be examined before the court in
8		relation to any matter connected with the allegations made in
9		the petition.
10		(1) If the court finds that there is not probable cause to
11		believe that the minor is a person requiring authoritative
12		intervention, it shall release the minor and dismiss the
13		petition.
14		(2) If the court finds that there is probable cause to
15		believe that the minor is a person requiring authoritative
16		intervention, the minor, his or her parent, guardian, custodian
17		and other persons able to give relevant testimony shall be
18		examined before the court. After such testimony, the court may
19		enter an order that the minor shall be released upon the
20		request of a parent, guardian or custodian if the parent,
21		guardian or custodian appears to take custody. Custodian shall
22		include any agency of the State which has been given custody or
23		wardship of the child. The Court shall require documentation by
24		representatives of the Department of Children and Family
25		Services or the probation department as to the reasonable
26		efforts that were made to prevent or eliminate the necessity of
27		removal of the minor from his or her home, and shall consider
28		the testimony of any person as to those reasonable efforts. If
29		the court finds that it is a matter of immediate and urgent
30		necessity for the protection of the minor or of the person or
31		property of another that the minor be placed in a shelter care
32		facility, or that he or she is likely to flee the jurisdiction
33		of the court, and further finds that reasonable efforts have

1		been made or good cause has been shown why reasonable efforts
2		cannot prevent or eliminate the necessity of removal of the
3		minor from his or her home, the court may prescribe shelter
4		care and order that the minor be kept in a suitable place
5		designated by the court or in a shelter care facility
6		designated by the Department of Children and Family Services or
7		a licensed child welfare agency; otherwise it shall release the
8		minor from custody. If the court prescribes shelter care, then
9		in placing the minor, the Department or other agency shall, to
10		the extent compatible with the court's order, comply with
11		Section 7 of the Children and Family Services Act. If the minor
12		is ordered placed in a shelter care facility of the Department
13		of Children and Family Services or a licensed child welfare
14		agency, the court shall, upon request of the Department or
15		other agency, appoint the Department of Children and Family
16		Services Guardianship Administrator or other appropriate
17		agency executive temporary custodian of the minor and the court
18		may enter such other orders related to the temporary custody as
19		it deems fit and proper, including the provision of services to
20		the minor or his family to ameliorate the causes contributing
21		to the finding of probable cause or to the finding of the
22		existence of immediate and urgent necessity. Acceptance of
23		services shall not be considered an admission of any allegation
24		in a petition made pursuant to this Act, nor may a referral of
25		services be considered as evidence in any proceeding pursuant
26		to this Act, except where the issue is whether the Department
27		has made reasonable efforts to reunite the family. In making
28		its findings that reasonable efforts have been made or that
29		good cause has been shown why reasonable efforts cannot prevent
30		or eliminate the necessity of removal of the minor from his or
31		her home, the court shall state in writing its findings
32		concerning the nature of the services that were offered or the
33		efforts that were made to prevent removal of the child and the
34		apparent reasons that such services or efforts could not

1		prevent the need for removal. The parents, guardian, custodian,
2		temporary custodian and minor shall each be furnished a copy of
3		such written findings. The temporary custodian shall maintain a
4		copy of the court order and written findings in the case record
5		for the child.
6		The order together with the court's findings of fact and
7		support thereof shall be entered of record in the court.
8		Once the court finds that it is a matter of immediate and
9		urgent necessity for the protection of the minor that the minor
10		be placed in a shelter care facility, the minor shall not be
11		returned to the parent, custodian or guardian until the court
12		finds that such placement is no longer necessary for the
13		protection of the minor.
14		(3) If prior to the shelter care hearing for a minor
15		described in Sections 2-3, 2-4, 3-3 and 4-3 the petitioner is
16		unable to serve notice on the party respondent, the shelter
17		care hearing may proceed ex-parte. A shelter care order from an
18		ex-parte hearing shall be endorsed with the date and hour of
19		issuance and shall be filed with the clerk's office and entered
20		of record. The order shall expire after 10 days from the time
21		it is issued unless before its expiration it is renewed, at a
22		hearing upon appearance of the party respondent, or upon an
23		affidavit of the moving party as to all diligent efforts to
24		notify the party respondent by notice as herein prescribed. The
25		notice prescribed shall be in writing and shall be personally
26		delivered to the minor or the minor's attorney and to the last
27		known address of the other person or persons entitled to
28		notice. The notice shall also state the nature of the
29		allegations, the nature of the order sought by the State,
30		including whether temporary custody is sought, and the
31		consequences of failure to appear; and shall explain the right
32		of the parties and the procedures to vacate or modify a shelter
33		care order as provided in this Section. The notice for a
34		shelter care hearing shall be substantially as follows:

1		NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING
2		On ................ at ........., before the Honorable
3		................, (address:) ................., the State of
4		Illinois will present evidence (1) that (name of child or
5		children) ....................... are abused, neglected or
6		dependent for the following reasons:
7		.............................................................
8		and (2) that there is "immediate and urgent necessity" to
9		remove the child or children from the responsible relative.
10		YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
11		PLACEMENT of the child or children in foster care until a trial
12		can be held. A trial may not be held for up to 90 days.
13		At the shelter care hearing, parents have the following
14		rights:
15		1. To ask the court to appoint a lawyer if they cannot
16		afford one.
17		2. To ask the court to continue the hearing to allow
18		them time to prepare.
19		3. To present evidence concerning:
20		a. Whether or not the child or children were
21		abused, neglected or dependent.
22		b. Whether or not there is "immediate and urgent
23		necessity" to remove the child from home (including:
24		their ability to care for the child, conditions in the
25		home, alternative means of protecting the child other
26		than removal).
27		c. The best interests of the child.
28		4. To cross examine the State's witnesses.
29		The Notice for rehearings shall be substantially as
30		follows:
31		NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
32		TO REHEARING ON TEMPORARY CUSTODY
33		If you were not present at and did not have adequate notice
34		of the Shelter Care Hearing at which temporary custody of

1		............... was awarded to ................, you have the
2		right to request a full rehearing on whether the State should
3		have temporary custody of ................. To request this
4		rehearing, you must file with the Clerk of the Juvenile Court
5		(address): ........................, in person or by mailing a
6		statement (affidavit) setting forth the following:
7		1. That you were not present at the shelter care
8		hearing.
9		2. That you did not get adequate notice (explaining how
10		the notice was inadequate).
11		3. Your signature.
12		4. Signature must be notarized.
13		The rehearing should be scheduled within one day of your
14		filing this affidavit.
15		At the rehearing, your rights are the same as at the
16		initial shelter care hearing. The enclosed notice explains
17		those rights.
18		At the Shelter Care Hearing, children have the following
19		rights:
20		1. To have a guardian ad litem appointed.
21		2. To be declared competent as a witness and to present
22		testimony concerning:
23		a. Whether they are abused, neglected or
24		dependent.
25		b. Whether there is "immediate and urgent
26		necessity" to be removed from home.
27		c. Their best interests.
28		3. To cross examine witnesses for other parties.
29		4. To obtain an explanation of any proceedings and
30		orders of the court.
31		(4) If the parent, guardian, legal custodian, responsible
32		relative, or counsel of the minor did not have actual notice of
33		or was not present at the shelter care hearing, he or she may
34		file an affidavit setting forth these facts, and the clerk

1		shall set the matter for rehearing not later than 48 hours,
2		excluding Sundays and legal holidays, after the filing of the
3		affidavit. At the rehearing, the court shall proceed in the
4		same manner as upon the original hearing.
5		(5) Only when there is reasonable cause to believe that the
6		minor taken into custody is a person described in subsection
7		(3) of Section 5-105 may the minor be kept or detained in a
8		detention home or county or municipal jail. This Section shall
9		in no way be construed to limit subsection (6).
10		(6) No minor under 16 years of age may be confined in a
11		jail or place ordinarily used for the confinement of prisoners
12		in a police station. Minors under 18 17 years of age must be
13		kept separate from confined adults and may not at any time be
14		kept in the same cell, room, or yard with adults confined
15		pursuant to the criminal law.
16		(7) If the minor is not brought before a judicial officer
17		within the time period specified in Section 3-11, the minor
18		must immediately be released from custody.
19		(8) If neither the parent, guardian or custodian appears
20		within 24 hours to take custody of a minor released upon
21		request pursuant to subsection (2) of this Section, then the
22		clerk of the court shall set the matter for rehearing not later
23		than 7 days after the original order and shall issue a summons
24		directed to the parent, guardian or custodian to appear. At the
25		same time the probation department shall prepare a report on
26		the minor. If a parent, guardian or custodian does not appear
27		at such rehearing, the judge may enter an order prescribing
28		that the minor be kept in a suitable place designated by the
29		Department of Children and Family Services or a licensed child
30		welfare agency.
31		(9) Notwithstanding any other provision of this Section,
32		any interested party, including the State, the temporary
33		custodian, an agency providing services to the minor or family
34		under a service plan pursuant to Section 8.2 of the Abused and

1		Neglected Child Reporting Act, foster parent, or any of their
2		representatives, on notice to all parties entitled to notice,
3		may file a motion to modify or vacate a temporary custody order
4		on any of the following grounds:
5		(a) It is no longer a matter of immediate and urgent
6		necessity that the minor remain in shelter care; or
7		(b) There is a material change in the circumstances of
8		the natural family from which the minor was removed; or
9		(c) A person, including a parent, relative or legal
10		guardian, is capable of assuming temporary custody of the
11		minor; or
12		(d) Services provided by the Department of Children and
13		Family Services or a child welfare agency or other service
14		provider have been successful in eliminating the need for
15		temporary custody.
16		The clerk shall set the matter for hearing not later than
17		14 days after such motion is filed. In the event that the court
18		modifies or vacates a temporary custody order but does not
19		vacate its finding of probable cause, the court may order that
20		appropriate services be continued or initiated in behalf of the
21		minor and his or her family.
22		(Source: P.A. 90-590, eff. 1-1-99.)
23		(705 ILCS 405/4-9) (from Ch. 37, par. 804-9)
24		Sec. 4-9. Shelter care hearing. At the appearance of the
25		minor before the court at the shelter care hearing, all
26		witnesses present shall be examined before the court in
27		relation to any matter connected with the allegations made in
28		the petition.
29		(1) If the court finds that there is not probable cause to
30		believe that the minor is addicted, it shall release the minor
31		and dismiss the petition.
32		(2) If the court finds that there is probable cause to
33		believe that the minor is addicted, the minor, his or her

1		parent, guardian, custodian and other persons able to give
2		relevant testimony shall be examined before the court. After
3		such testimony, the court may enter an order that the minor
4		shall be released upon the request of a parent, guardian or
5		custodian if the parent, guardian or custodian appears to take
6		custody and agrees to abide by a court order which requires the
7		minor and his or her parent, guardian, or legal custodian to
8		complete an evaluation by an entity licensed by the Department
9		of Human Services, as the successor to the Department of
10		Alcoholism and Substance Abuse, and complete any treatment
11		recommendations indicated by the assessment. Custodian shall
12		include any agency of the State which has been given custody or
13		wardship of the child.
14		The Court shall require documentation by representatives
15		of the Department of Children and Family Services or the
16		probation department as to the reasonable efforts that were
17		made to prevent or eliminate the necessity of removal of the
18		minor from his or her home, and shall consider the testimony of
19		any person as to those reasonable efforts. If the court finds
20		that it is a matter of immediate and urgent necessity for the
21		protection of the minor or of the person or property of another
22		that the minor be or placed in a shelter care facility or that
23		he or she is likely to flee the jurisdiction of the court, and
24		further, finds that reasonable efforts have been made or good
25		cause has been shown why reasonable efforts cannot prevent or
26		eliminate the necessity of removal of the minor from his or her
27		home, the court may prescribe shelter care and order that the
28		minor be kept in a suitable place designated by the court or in
29		a shelter care facility designated by the Department of
30		Children and Family Services or a licensed child welfare
31		agency, or in a facility or program licensed by the Department
32		of Human Services for shelter and treatment services; otherwise
33		it shall release the minor from custody. If the court
34		prescribes shelter care, then in placing the minor, the

1		Department or other agency shall, to the extent compatible with
2		the court's order, comply with Section 7 of the Children and
3		Family Services Act. If the minor is ordered placed in a
4		shelter care facility of the Department of Children and Family
5		Services or a licensed child welfare agency, or in a facility
6		or program licensed by the Department of Human Services for
7		shelter and treatment services, the court shall, upon request
8		of the appropriate Department or other agency, appoint the
9		Department of Children and Family Services Guardianship
10		Administrator or other appropriate agency executive temporary
11		custodian of the minor and the court may enter such other
12		orders related to the temporary custody as it deems fit and
13		proper, including the provision of services to the minor or his
14		family to ameliorate the causes contributing to the finding of
15		probable cause or to the finding of the existence of immediate
16		and urgent necessity. Acceptance of services shall not be
17		considered an admission of any allegation in a petition made
18		pursuant to this Act, nor may a referral of services be
19		considered as evidence in any proceeding pursuant to this Act,
20		except where the issue is whether the Department has made
21		reasonable efforts to reunite the family. In making its
22		findings that reasonable efforts have been made or that good
23		cause has been shown why reasonable efforts cannot prevent or
24		eliminate the necessity of removal of the minor from his or her
25		home, the court shall state in writing its findings concerning
26		the nature of the services that were offered or the efforts
27		that were made to prevent removal of the child and the apparent
28		reasons that such services or efforts could not prevent the
29		need for removal. The parents, guardian, custodian, temporary
30		custodian and minor shall each be furnished a copy of such
31		written findings. The temporary custodian shall maintain a copy
32		of the court order and written findings in the case record for
33		the child. The order together with the court's findings of fact
34		in support thereof shall be entered of record in the court.

1		Once the court finds that it is a matter of immediate and
2		urgent necessity for the protection of the minor that the minor
3		be placed in a shelter care facility, the minor shall not be
4		returned to the parent, custodian or guardian until the court
5		finds that such placement is no longer necessary for the
6		protection of the minor.
7		(3) If neither the parent, guardian, legal custodian,
8		responsible relative nor counsel of the minor has had actual
9		notice of or is present at the shelter care hearing, he or she
10		may file his or her affidavit setting forth these facts, and
11		the clerk shall set the matter for rehearing not later than 24
12		hours, excluding Sundays and legal holidays, after the filing
13		of the affidavit. At the rehearing, the court shall proceed in
14		the same manner as upon the original hearing.
15		(4) If the minor is not brought before a judicial officer
16		within the time period as specified in Section 4-8, the minor
17		must immediately be released from custody.
18		(5) Only when there is reasonable cause to believe that the
19		minor taken into custody is a person described in subsection
20		(3) of Section 5-105 may the minor be kept or detained in a
21		detention home or county or municipal jail. This Section shall
22		in no way be construed to limit subsection (6).
23		(6) No minor under 16 years of age may be confined in a
24		jail or place ordinarily used for the confinement of prisoners
25		in a police station. Minors under 18 17 years of age must be
26		kept separate from confined adults and may not at any time be
27		kept in the same cell, room or yard with adults confined
28		pursuant to the criminal law.
29		(7) If neither the parent, guardian or custodian appears
30		within 24 hours to take custody of a minor released upon
31		request pursuant to subsection (2) of this Section, then the
32		clerk of the court shall set the matter for rehearing not later
33		than 7 days after the original order and shall issue a summons
34		directed to the parent, guardian or custodian to appear. At the

1		same time the probation department shall prepare a report on
2		the minor. If a parent, guardian or custodian does not appear
3		at such rehearing, the judge may enter an order prescribing
4		that the minor be kept in a suitable place designated by the
5		Department of Children and Family Services or a licensed child
6		welfare agency.
7		(8) Any interested party, including the State, the
8		temporary custodian, an agency providing services to the minor
9		or family under a service plan pursuant to Section 8.2 of the
10		Abused and Neglected Child Reporting Act, foster parent, or any
11		of their representatives, may file a motion to modify or vacate
12		a temporary custody order on any of the following grounds:
13		(a) It is no longer a matter of immediate and urgent
14		necessity that the minor remain in shelter care; or
15		(b) There is a material change in the circumstances of
16		the natural family from which the minor was removed; or
17		(c) A person, including a parent, relative or legal
18		guardian, is capable of assuming temporary custody of the
19		minor; or
20		(d) Services provided by the Department of Children and
21		Family Services or a child welfare agency or other service
22		provider have been successful in eliminating the need for
23		temporary custody.
24		The clerk shall set the matter for hearing not later than
25		14 days after such motion is filed. In the event that the court
26		modifies or vacates a temporary custody order but does not
27		vacate its finding of probable cause, the court may order that
28		appropriate services be continued or initiated in behalf of the
29		minor and his or her family.
30		(Source: P.A. 89-422; 89-507, eff. 7-1-97; 90-590, eff.
31		1-1-99.)
32		(705 ILCS 405/5-105)
33		Sec. 5-105. Definitions. As used in this Article:

1		(1) "Court" means the circuit court in a session or
2		division assigned to hear proceedings under this Act, and
3		includes the term Juvenile Court.
4		(2) "Community service" means uncompensated labor for a
5		community service agency as hereinafter defined.
6		(2.5) "Community service agency" means a not-for-profit
7		organization, community organization, church, charitable
8		organization, individual, public office, or other public body
9		whose purpose is to enhance the physical or mental health of a
10		delinquent minor or to rehabilitate the minor, or to improve
11		the environmental quality or social welfare of the community
12		which agrees to accept community service from juvenile
13		delinquents and to report on the progress of the community
14		service to the State's Attorney pursuant to an agreement or to
15		the court or to any agency designated by the court or to the
16		authorized diversion program that has referred the delinquent
17		minor for community service.
18		(3) "Delinquent minor" means any minor who prior to his or
19		her 18th 17th birthday has violated or attempted to violate,
20		regardless of where the act occurred, any federal or State law,
21		county or municipal ordinance.
22		(4) "Department" means the Department of Human Services
23		unless specifically referenced as another department.
24		(5) "Detention" means the temporary care of a minor who is
25		alleged to be or has been adjudicated delinquent and who
26		requires secure custody for the minor's own protection or the
27		community's protection in a facility designed to physically
28		restrict the minor's movements, pending disposition by the
29		court or execution of an order of the court for placement or
30		commitment. Design features that physically restrict movement
31		include, but are not limited to, locked rooms and the secure
32		handcuffing of a minor to a rail or other stationary object. In
33		addition, "detention" includes the court ordered care of an
34		alleged or adjudicated delinquent minor who requires secure

1		custody pursuant to Section 5-125 of this Act.
2		(6) "Diversion" means the referral of a juvenile, without
3		court intervention, into a program that provides services
4		designed to educate the juvenile and develop a productive and
5		responsible approach to living in the community.
6		(7) "Juvenile detention home" means a public facility with
7		specially trained staff that conforms to the county juvenile
8		detention standards promulgated by the Department of
9		Corrections.
10		(8) "Juvenile justice continuum" means a set of delinquency
11		prevention programs and services designed for the purpose of
12		preventing or reducing delinquent acts, including criminal
13		activity by youth gangs, as well as intervention,
14		rehabilitation, and prevention services targeted at minors who
15		have committed delinquent acts, and minors who have previously
16		been committed to residential treatment programs for
17		delinquents. The term includes children-in-need-of-services
18		and families-in-need-of-services programs; aftercare and
19		reentry services; substance abuse and mental health programs;
20		community service programs; community service work programs;
21		and alternative-dispute resolution programs serving
22		youth-at-risk of delinquency and their families, whether
23		offered or delivered by State or local governmental entities,
24		public or private for-profit or not-for-profit organizations,
25		or religious or charitable organizations. This term would also
26		encompass any program or service consistent with the purpose of
27		those programs and services enumerated in this subsection.
28		(9) "Juvenile police officer" means a sworn police officer
29		who has completed a Basic Recruit Training Course, has been
30		assigned to the position of juvenile police officer by his or
31		her chief law enforcement officer and has completed the
32		necessary juvenile officers training as prescribed by the
33		Illinois Law Enforcement Training Standards Board, or in the
34		case of a State police officer, juvenile officer training

1		approved by the Director of State Police.
2		(10) "Minor" means a person under the age of 21 years
3		subject to this Act.
4		(11) "Non-secure custody" means confinement where the
5		minor is not physically restricted by being placed in a locked
6		cell or room, by being handcuffed to a rail or other stationary
7		object, or by other means. Non-secure custody may include, but
8		is not limited to, electronic monitoring, foster home
9		placement, home confinement, group home placement, or physical
10		restriction of movement or activity solely through facility
11		staff.
12		(12) "Public or community service" means uncompensated
13		labor for a not-for-profit organization or public body whose
14		purpose is to enhance physical or mental stability of the
15		offender, environmental quality or the social welfare and which
16		agrees to accept public or community service from offenders and
17		to report on the progress of the offender and the public or
18		community service to the court or to the authorized diversion
19		program that has referred the offender for public or community
20		service.
21		(13) "Sentencing hearing" means a hearing to determine
22		whether a minor should be adjudged a ward of the court, and to
23		determine what sentence should be imposed on the minor. It is
24		the intent of the General Assembly that the term "sentencing
25		hearing" replace the term "dispositional hearing" and be
26		synonymous with that definition as it was used in the Juvenile
27		Court Act of 1987.
28		(14) "Shelter" means the temporary care of a minor in
29		physically unrestricting facilities pending court disposition
30		or execution of court order for placement.
31		(15) "Site" means a not-for-profit organization, public
32		body, church, charitable organization, or individual agreeing
33		to accept community service from offenders and to report on the
34		progress of ordered or required public or community service to

1		the court or to the authorized diversion program that has
2		referred the offender for public or community service.
3		(16) "Station adjustment" means the informal or formal
4		handling of an alleged offender by a juvenile police officer.
5		(17) "Trial" means a hearing to determine whether the
6		allegations of a petition under Section 5-520 that a minor is
7		delinquent are proved beyond a reasonable doubt. It is the
8		intent of the General Assembly that the term "trial" replace
9		the term "adjudicatory hearing" and be synonymous with that
10		definition as it was used in the Juvenile Court Act of 1987.
11		(Source: P.A. 90-590, eff. 1-1-99; 91-820, eff. 6-13-00.)
12		(705 ILCS 405/5-120)
13		Sec. 5-120. Exclusive jurisdiction. Proceedings may be
14		instituted under the provisions of this Article concerning any
15		minor who prior to the minor's 18th 17th birthday has violated
16		or attempted to violate, regardless of where the act occurred,
17		any federal or State law or municipal or county ordinance.
18		Except as provided in Sections 5-125, 5-130, 5-805, and 5-810
19		of this Article, no minor who was under 18 17 years of age at
20		the time of the alleged offense may be prosecuted under the
21		criminal laws of this State.
22		(Source: P.A. 90-590, eff. 1-1-99.)
23		(705 ILCS 405/5-130)
24		Sec. 5-130. Excluded jurisdiction.
25		(1) (a) The definition of delinquent minor under Section
26		5-120 of this Article shall not apply to any minor who at the
27		time of an offense was at least 15 years of age and who is
28		charged with first degree murder, aggravated criminal sexual
29		assault, aggravated battery with a firearm committed in a
30		school, on the real property comprising a school, within 1,000
31		feet of the real property comprising a school, at a school
32		related activity, or on, boarding, or departing from any

1		conveyance owned, leased, or contracted by a school or school
2		district to transport students to or from school or a school
3		related activity regardless of the time of day or time of year
4		that the offense was committed, armed robbery when the armed
5		robbery was committed with a firearm, or aggravated vehicular
6		hijacking when the hijacking was committed with a firearm.
7		These charges and all other charges arising out of the same
8		incident shall be prosecuted under the criminal laws of this
9		State.
10		For purposes of this paragraph (a) of subsection (l):
11		"School" means a public or private elementary or secondary
12		school, community college, college, or university.
13		"School related activity" means any sporting, social,
14		academic or other activity for which students' attendance or
15		participation is sponsored, organized, or funded in whole or in
16		part by a school or school district.
17		(b) (i) If before trial or plea an information or
18		indictment is filed that does not charge an offense specified
19		in paragraph (a) of this subsection (1) the State's Attorney
20		may proceed on any lesser charge or charges, but only in
21		Juvenile Court under the provisions of this Article. The
22		State's Attorney may proceed under the Criminal Code of 1961 on
23		a lesser charge if before trial the minor defendant knowingly
24		and with advice of counsel waives, in writing, his or her right
25		to have the matter proceed in Juvenile Court.
26		(ii) If before trial or plea an information or indictment
27		is filed that includes one or more charges specified in
28		paragraph (a) of this subsection (1) and additional charges
29		that are not specified in that paragraph, all of the charges
30		arising out of the same incident shall be prosecuted under the
31		Criminal Code of 1961.
32		(c) (i) If after trial or plea the minor is convicted of
33		any offense covered by paragraph (a) of this subsection (1),
34		then, in sentencing the minor, the court shall have available

1		any or all dispositions prescribed for that offense under
2		Chapter V of the Unified Code of Corrections.
3		(ii) If after trial or plea the court finds that the minor
4		committed an offense not covered by paragraph (a) of this
5		subsection (1), that finding shall not invalidate the verdict
6		or the prosecution of the minor under the criminal laws of the
7		State; however, unless the State requests a hearing for the
8		purpose of sentencing the minor under Chapter V of the Unified
9		Code of Corrections, the Court must proceed under Sections
10		5-705 and 5-710 of this Article. To request a hearing, the
11		State must file a written motion within 10 days following the
12		entry of a finding or the return of a verdict. Reasonable
13		notice of the motion shall be given to the minor or his or her
14		counsel. If the motion is made by the State, the court shall
15		conduct a hearing to determine if the minor should be sentenced
16		under Chapter V of the Unified Code of Corrections. In making
17		its determination, the court shall consider among other
18		matters: (a) whether there is evidence that the offense was
19		committed in an aggressive and premeditated manner; (b) the age
20		of the minor; (c) the previous history of the minor; (d)
21		whether there are facilities particularly available to the
22		Juvenile Court or the Department of Corrections, Juvenile
23		Division, for the treatment and rehabilitation of the minor;
24		(e) whether the security of the public requires sentencing
25		under Chapter V of the Unified Code of Corrections; and (f)
26		whether the minor possessed a deadly weapon when committing the
27		offense. The rules of evidence shall be the same as if at
28		trial. If after the hearing the court finds that the minor
29		should be sentenced under Chapter V of the Unified Code of
30		Corrections, then the court shall sentence the minor
31		accordingly having available to it any or all dispositions so
32		prescribed.
33		(2) (a) The definition of a delinquent minor under Section
34		5-120 of this Article shall not apply to any minor who at the

1		time of the offense was at least 15 years of age and who is
2		charged with an offense under Section 401 of the Illinois
3		Controlled Substances Act, while in a school, regardless of the
4		time of day or the time of year, or any conveyance owned,
5		leased or contracted by a school to transport students to or
6		from school or a school related activity, or residential
7		property owned, operated or managed by a public housing agency
8		or leased by a public housing agency as part of a scattered
9		site or mixed-income development, on the real property
10		comprising any school, regardless of the time of day or the
11		time of year, or residential property owned, operated or
12		managed by a public housing agency or leased by a public
13		housing agency as part of a scattered site or mixed-income
14		development, or on a public way within 1,000 feet of the real
15		property comprising any school, regardless of the time of day
16		or the time of year, or residential property owned, operated or
17		managed by a public housing agency or leased by a public
18		housing agency as part of a scattered site or mixed-income
19		development. School is defined, for the purposes of this
20		Section, as any public or private elementary or secondary
21		school, community college, college, or university. These
22		charges and all other charges arising out of the same incident
23		shall be prosecuted under the criminal laws of this State.
24		(b) (i) If before trial or plea an information or
25		indictment is filed that does not charge an offense specified
26		in paragraph (a) of this subsection (2) the State's Attorney
27		may proceed on any lesser charge or charges, but only in
28		Juvenile Court under the provisions of this Article. The
29		State's Attorney may proceed under the criminal laws of this
30		State on a lesser charge if before trial the minor defendant
31		knowingly and with advice of counsel waives, in writing, his or
32		her right to have the matter proceed in Juvenile Court.
33		(ii) If before trial or plea an information or indictment
34		is filed that includes one or more charges specified in

1		paragraph (a) of this subsection (2) and additional charges
2		that are not specified in that paragraph, all of the charges
3		arising out of the same incident shall be prosecuted under the
4		criminal laws of this State.
5		(c) (i) If after trial or plea the minor is convicted of
6		any offense covered by paragraph (a) of this subsection (2),
7		then, in sentencing the minor, the court shall have available
8		any or all dispositions prescribed for that offense under
9		Chapter V of the Unified Code of Corrections.
10		(ii) If after trial or plea the court finds that the minor
11		committed an offense not covered by paragraph (a) of this
12		subsection (2), that finding shall not invalidate the verdict
13		or the prosecution of the minor under the criminal laws of the
14		State; however, unless the State requests a hearing for the
15		purpose of sentencing the minor under Chapter V of the Unified
16		Code of Corrections, the Court must proceed under Sections
17		5-705 and 5-710 of this Article. To request a hearing, the
18		State must file a written motion within 10 days following the
19		entry of a finding or the return of a verdict. Reasonable
20		notice of the motion shall be given to the minor or his or her
21		counsel. If the motion is made by the State, the court shall
22		conduct a hearing to determine if the minor should be sentenced
23		under Chapter V of the Unified Code of Corrections. In making
24		its determination, the court shall consider among other
25		matters: (a) whether there is evidence that the offense was
26		committed in an aggressive and premeditated manner; (b) the age
27		of the minor; (c) the previous history of the minor; (d)
28		whether there are facilities particularly available to the
29		Juvenile Court or the Department of Corrections, Juvenile
30		Division, for the treatment and rehabilitation of the minor;
31		(e) whether the security of the public requires sentencing
32		under Chapter V of the Unified Code of Corrections; and (f)
33		whether the minor possessed a deadly weapon when committing the
34		offense. The rules of evidence shall be the same as if at

1		trial. If after the hearing the court finds that the minor
2		should be sentenced under Chapter V of the Unified Code of
3		Corrections, then the court shall sentence the minor
4		accordingly having available to it any or all dispositions so
5		prescribed.
6		(3) (a) The definition of delinquent minor under Section
7		5-120 of this Article shall not apply to any minor who at the
8		time of the offense was at least 15 years of age and who is
9		charged with a violation of the provisions of paragraph (1),
10		(3), (4), or (10) of subsection (a) of Section 24-1 of the
11		Criminal Code of 1961 while in school, regardless of the time
12		of day or the time of year, or on the real property comprising
13		any school, regardless of the time of day or the time of year.
14		School is defined, for purposes of this Section as any public
15		or private elementary or secondary school, community college,
16		college, or university. These charges and all other charges
17		arising out of the same incident shall be prosecuted under the
18		criminal laws of this State.
19		(b) (i) If before trial or plea an information or
20		indictment is filed that does not charge an offense specified
21		in paragraph (a) of this subsection (3) the State's Attorney
22		may proceed on any lesser charge or charges, but only in
23		Juvenile Court under the provisions of this Article. The
24		State's Attorney may proceed under the criminal laws of this
25		State on a lesser charge if before trial the minor defendant
26		knowingly and with advice of counsel waives, in writing, his or
27		her right to have the matter proceed in Juvenile Court.
28		(ii) If before trial or plea an information or indictment
29		is filed that includes one or more charges specified in
30		paragraph (a) of this subsection (3) and additional charges
31		that are not specified in that paragraph, all of the charges
32		arising out of the same incident shall be prosecuted under the
33		criminal laws of this State.
34		(c) (i) If after trial or plea the minor is convicted of

1		any offense covered by paragraph (a) of this subsection (3),
2		then, in sentencing the minor, the court shall have available
3		any or all dispositions prescribed for that offense under
4		Chapter V of the Unified Code of Corrections.
5		(ii) If after trial or plea the court finds that the minor
6		committed an offense not covered by paragraph (a) of this
7		subsection (3), that finding shall not invalidate the verdict
8		or the prosecution of the minor under the criminal laws of the
9		State; however, unless the State requests a hearing for the
10		purpose of sentencing the minor under Chapter V of the Unified
11		Code of Corrections, the Court must proceed under Sections
12		5-705 and 5-710 of this Article. To request a hearing, the
13		State must file a written motion within 10 days following the
14		entry of a finding or the return of a verdict. Reasonable
15		notice of the motion shall be given to the minor or his or her
16		counsel. If the motion is made by the State, the court shall
17		conduct a hearing to determine if the minor should be sentenced
18		under Chapter V of the Unified Code of Corrections. In making
19		its determination, the court shall consider among other
20		matters: (a) whether there is evidence that the offense was
21		committed in an aggressive and premeditated manner; (b) the age
22		of the minor; (c) the previous history of the minor; (d)
23		whether there are facilities particularly available to the
24		Juvenile Court or the Department of Corrections, Juvenile
25		Division, for the treatment and rehabilitation of the minor;
26		(e) whether the security of the public requires sentencing
27		under Chapter V of the Unified Code of Corrections; and (f)
28		whether the minor possessed a deadly weapon when committing the
29		offense. The rules of evidence shall be the same as if at
30		trial. If after the hearing the court finds that the minor
31		should be sentenced under Chapter V of the Unified Code of
32		Corrections, then the court shall sentence the minor
33		accordingly having available to it any or all dispositions so
34		prescribed.

1		(4) (a) The definition of delinquent minor under Section
2		5-120 of this Article shall not apply to any minor who at the
3		time of an offense was at least 13 years of age and who is
4		charged with first degree murder committed during the course of
5		either aggravated criminal sexual assault, criminal sexual
6		assault, or aggravated kidnaping. However, this subsection (4)
7		does not include a minor charged with first degree murder based
8		exclusively upon the accountability provisions of the Criminal
9		Code of 1961.
10		(b) (i) If before trial or plea an information or
11		indictment is filed that does not charge first degree murder
12		committed during the course of aggravated criminal sexual
13		assault, criminal sexual assault, or aggravated kidnaping, the
14		State's Attorney may proceed on any lesser charge or charges,
15		but only in Juvenile Court under the provisions of this
16		Article. The State's Attorney may proceed under the criminal
17		laws of this State on a lesser charge if before trial the minor
18		defendant knowingly and with advice of counsel waives, in
19		writing, his or her right to have the matter proceed in
20		Juvenile Court.
21		(ii) If before trial or plea an information or indictment
22		is filed that includes first degree murder committed during the
23		course of aggravated criminal sexual assault, criminal sexual
24		assault, or aggravated kidnaping, and additional charges that
25		are not specified in paragraph (a) of this subsection, all of
26		the charges arising out of the same incident shall be
27		prosecuted under the criminal laws of this State.
28		(c) (i) If after trial or plea the minor is convicted of
29		first degree murder committed during the course of aggravated
30		criminal sexual assault, criminal sexual assault, or
31		aggravated kidnaping, in sentencing the minor, the court shall
32		have available any or all dispositions prescribed for that
33		offense under Chapter V of the Unified Code of Corrections.
34		(ii) If the minor was not yet 15 years of age at the time of

1		the offense, and if after trial or plea the court finds that
2		the minor committed an offense other than first degree murder
3		committed during the course of either aggravated criminal
4		sexual assault, criminal sexual assault, or aggravated
5		kidnapping, the finding shall not invalidate the verdict or the
6		prosecution of the minor under the criminal laws of the State;
7		however, unless the State requests a hearing for the purpose of
8		sentencing the minor under Chapter V of the Unified Code of
9		Corrections, the Court must proceed under Sections 5-705 and
10		5-710 of this Article. To request a hearing, the State must
11		file a written motion within 10 days following the entry of a
12		finding or the return of a verdict. Reasonable notice of the
13		motion shall be given to the minor or his or her counsel. If
14		the motion is made by the State, the court shall conduct a
15		hearing to determine whether the minor should be sentenced
16		under Chapter V of the Unified Code of Corrections. In making
17		its determination, the court shall consider among other
18		matters: (a) whether there is evidence that the offense was
19		committed in an aggressive and premeditated manner; (b) the age
20		of the minor; (c) the previous delinquent history of the minor;
21		(d) whether there are facilities particularly available to the
22		Juvenile Court or the Department of Corrections, Juvenile
23		Division, for the treatment and rehabilitation of the minor;
24		(e) whether the best interest of the minor and the security of
25		the public require sentencing under Chapter V of the Unified
26		Code of Corrections; and (f) whether the minor possessed a
27		deadly weapon when committing the offense. The rules of
28		evidence shall be the same as if at trial. If after the hearing
29		the court finds that the minor should be sentenced under
30		Chapter V of the Unified Code of Corrections, then the court
31		shall sentence the minor accordingly having available to it any
32		or all dispositions so prescribed.
33		(5) (a) The definition of delinquent minor under Section
34		5-120 of this Article shall not apply to any minor who is

1		charged with a violation of subsection (a) of Section 31-6 or
2		Section 32-10 of the Criminal Code of 1961 when the minor is
3		subject to prosecution under the criminal laws of this State as
4		a result of the application of the provisions of Section 5-125,
5		or subsection (1) or (2) of this Section. These charges and all
6		other charges arising out of the same incident shall be
7		prosecuted under the criminal laws of this State.
8		(b) (i) If before trial or plea an information or
9		indictment is filed that does not charge an offense specified
10		in paragraph (a) of this subsection (5), the State's Attorney
11		may proceed on any lesser charge or charges, but only in
12		Juvenile Court under the provisions of this Article. The
13		State's Attorney may proceed under the criminal laws of this
14		State on a lesser charge if before trial the minor defendant
15		knowingly and with advice of counsel waives, in writing, his or
16		her right to have the matter proceed in Juvenile Court.
17		(ii) If before trial or plea an information or indictment
18		is filed that includes one or more charges specified in
19		paragraph (a) of this subsection (5) and additional charges
20		that are not specified in that paragraph, all of the charges
21		arising out of the same incident shall be prosecuted under the
22		criminal laws of this State.
23		(c) (i) If after trial or plea the minor is convicted of
24		any offense covered by paragraph (a) of this subsection (5),
25		then, in sentencing the minor, the court shall have available
26		any or all dispositions prescribed for that offense under
27		Chapter V of the Unified Code of Corrections.
28		(ii) If after trial or plea the court finds that the minor
29		committed an offense not covered by paragraph (a) of this
30		subsection (5), the conviction shall not invalidate the verdict
31		or the prosecution of the minor under the criminal laws of this
32		State; however, unless the State requests a hearing for the
33		purpose of sentencing the minor under Chapter V of the Unified
34		Code of Corrections, the Court must proceed under Sections

1		5-705 and 5-710 of this Article. To request a hearing, the
2		State must file a written motion within 10 days following the
3		entry of a finding or the return of a verdict. Reasonable
4		notice of the motion shall be given to the minor or his or her
5		counsel. If the motion is made by the State, the court shall
6		conduct a hearing to determine if whether the minor should be
7		sentenced under Chapter V of the Unified Code of Corrections.
8		In making its determination, the court shall consider among
9		other matters: (a) whether there is evidence that the offense
10		was committed in an aggressive and premeditated manner; (b) the
11		age of the minor; (c) the previous delinquent history of the
12		minor; (d) whether there are facilities particularly available
13		to the Juvenile Court or the Department of Corrections,
14		Juvenile Division, for the treatment and rehabilitation of the
15		minor; (e) whether the security of the public requires
16		sentencing under Chapter V of the Unified Code of Corrections;
17		and (f) whether the minor possessed a deadly weapon when
18		committing the offense. The rules of evidence shall be the same
19		as if at trial. If after the hearing the court finds that the
20		minor should be sentenced under Chapter V of the Unified Code
21		of Corrections, then the court shall sentence the minor
22		accordingly having available to it any or all dispositions so
23		prescribed.
24		(6) The definition of delinquent minor under Section 5-120
25		of this Article shall not apply to any minor who, pursuant to
26		subsection (1), (2), or (3) or Section 5-805, or 5-810, has
27		previously been placed under the jurisdiction of the criminal
28		court and has been convicted of a crime under an adult criminal
29		or penal statute. Such a minor shall be subject to prosecution
30		under the criminal laws of this State.
31		(7) The procedures set out in this Article for the
32		investigation, arrest and prosecution of juvenile offenders
33		shall not apply to minors who are excluded from jurisdiction of
34		the Juvenile Court, except that minors under 18 17 years of age

1		shall be kept separate from confined adults.
2		(8) Nothing in this Act prohibits or limits the prosecution
3		of any minor for an offense committed on or after his or her
4		18th 17th birthday even though he or she is at the time of the
5		offense a ward of the court.
6		(9) If an original petition for adjudication of wardship
7		alleges the commission by a minor 13 years of age or over of an
8		act that constitutes a crime under the laws of this State, the
9		minor, with the consent of his or her counsel, may, at any time
10		before commencement of the adjudicatory hearing, file with the
11		court a motion that criminal prosecution be ordered and that
12		the petition be dismissed insofar as the act or acts involved
13		in the criminal proceedings are concerned. If such a motion is
14		filed as herein provided, the court shall enter its order
15		accordingly.
16		(10) If a minor is subject to the provisions of subsection
17		(2) of this Section, other than a minor charged with a Class X
18		felony violation of the Illinois Controlled Substances Act, any
19		party including the minor or the court sua sponte may, before
20		trial, move for a hearing for the purpose of trying and
21		sentencing the minor as a delinquent minor. To request a
22		hearing, the party must file a motion prior to trial.
23		Reasonable notice of the motion shall be given to all parties.
24		On its own motion or upon the filing of a motion by one of the
25		parties including the minor, the court shall conduct a hearing
26		to determine whether the minor should be tried and sentenced as
27		a delinquent minor under this Article. In making its
28		determination, the court shall consider among other matters:
29		(a) The age of the minor;
30		(b) Any previous delinquent or criminal history of the
31		minor;
32		(c) Any previous abuse or neglect history of the minor;
33		(d) Any mental health or educational history of the minor,
34		or both; and

1		(e) Whether there is probable cause to support the charge,
2		whether the minor is charged through accountability, and
3		whether there is evidence the minor possessed a deadly weapon
4		or caused serious bodily harm during the offense.
5		Any material that is relevant and reliable shall be
6		admissible at the hearing. In all cases, the judge shall enter
7		an order permitting prosecution under the criminal laws of
8		Illinois unless the judge makes a finding based on a
9		preponderance of the evidence that the minor would be amenable
10		to the care, treatment, and training programs available through
11		the facilities of the juvenile court based on an evaluation of
12		the factors listed in this subsection (10).
13		(Source: P.A. 91-15, eff. 1-1-00; 91-673, eff. 12-22-99; 92-16,
14		eff. 6-28-01; 92-665, eff. 1-1-03.)
15		(705 ILCS 405/5-410)
16		Sec. 5-410. Non-secure custody or detention.
17		(1) Any minor arrested or taken into custody pursuant to
18		this Act who requires care away from his or her home but who
19		does not require physical restriction shall be given temporary
20		care in a foster family home or other shelter facility
21		designated by the court.
22		(2) (a) Any minor 10 years of age or older arrested
23		pursuant to this Act where there is probable cause to believe
24		that the minor is a delinquent minor and that (i) secured
25		custody is a matter of immediate and urgent necessity for the
26		protection of the minor or of the person or property of
27		another, (ii) the minor is likely to flee the jurisdiction of
28		the court, or (iii) the minor was taken into custody under a
29		warrant, may be kept or detained in an authorized detention
30		facility. No minor under 12 years of age shall be detained in a
31		county jail or a municipal lockup for more than 6 hours.
32		(b) The written authorization of the probation officer or
33		detention officer (or other public officer designated by the

1		court in a county having 3,000,000 or more inhabitants)
2		constitutes authority for the superintendent of any juvenile
3		detention home to detain and keep a minor for up to 40 hours,
4		excluding Saturdays, Sundays and court-designated holidays.
5		These records shall be available to the same persons and
6		pursuant to the same conditions as are law enforcement records
7		as provided in Section 5-905.
8		(b-4) The consultation required by subsection (b-5) shall
9		not be applicable if the probation officer or detention officer
10		(or other public officer designated by the court in a county
11		having 3,000,000 or more inhabitants) utilizes a scorable
12		detention screening instrument, which has been developed with
13		input by the State's Attorney, to determine whether a minor
14		should be detained, however, subsection (b-5) shall still be
15		applicable where no such screening instrument is used or where
16		the probation officer, detention officer (or other public
17		officer designated by the court in a county having 3,000,000 or
18		more inhabitants) deviates from the screening instrument.
19		(b-5) Subject to the provisions of subsection (b-4), if a
20		probation officer or detention officer (or other public officer
21		designated by the court in a county having 3,000,000 or more
22		inhabitants) does not intend to detain a minor for an offense
23		which constitutes one of the following offenses he or she shall
24		consult with the State's Attorney's Office prior to the release
25		of the minor: first degree murder, second degree murder,
26		involuntary manslaughter, criminal sexual assault, aggravated
27		criminal sexual assault, aggravated battery with a firearm,
28		aggravated or heinous battery involving permanent disability
29		or disfigurement or great bodily harm, robbery, aggravated
30		robbery, armed robbery, vehicular hijacking, aggravated
31		vehicular hijacking, vehicular invasion, arson, aggravated
32		arson, kidnapping, aggravated kidnapping, home invasion,
33		burglary, or residential burglary.
34		(c) Except as otherwise provided in paragraph (a), (d), or

1		(e), no minor shall be detained in a county jail or municipal
2		lockup for more than 12 hours, unless the offense is a crime of
3		violence in which case the minor may be detained up to 24
4		hours. For the purpose of this paragraph, "crime of violence"
5		has the meaning ascribed to it in Section 1-10 of the
6		Alcoholism and Other Drug Abuse and Dependency Act.
7		(i) The period of detention is deemed to have begun
8		once the minor has been placed in a locked room or cell or
9		handcuffed to a stationary object in a building housing a
10		county jail or municipal lockup. Time spent transporting a
11		minor is not considered to be time in detention or secure
12		custody.
13		(ii) Any minor so confined shall be under periodic
14		supervision and shall not be permitted to come into or
15		remain in contact with adults in custody in the building.
16		(iii) Upon placement in secure custody in a jail or
17		lockup, the minor shall be informed of the purpose of the
18		detention, the time it is expected to last and the fact
19		that it cannot exceed the time specified under this Act.
20		(iv) A log shall be kept which shows the offense which
21		is the basis for the detention, the reasons and
22		circumstances for the decision to detain and the length of
23		time the minor was in detention.
24		(v) Violation of the time limit on detention in a
25		county jail or municipal lockup shall not, in and of
26		itself, render inadmissible evidence obtained as a result
27		of the violation of this time limit. Minors under 18 17
28		years of age shall be kept separate from confined adults
29		and may not at any time be kept in the same cell, room or
30		yard with adults confined pursuant to criminal law. Persons
31		18 17 years of age and older who have a petition of
32		delinquency filed against them may be confined in an adult
33		detention facility. In making a determination whether to
34		confine a person 18 17 years of age or older who has a

1		petition of delinquency filed against the person, these
2		factors, among other matters, shall be considered:
3		(A) The age of the person;
4		(B) Any previous delinquent or criminal history of
5		the person;
6		(C) Any previous abuse or neglect history of the
7		person; and
8		(D) Any mental health or educational history of the
9		person, or both.
10		(d) (i) If a minor 12 years of age or older is confined in a
11		county jail in a county with a population below 3,000,000
12		inhabitants, then the minor's confinement shall be implemented
13		in such a manner that there will be no contact by sight, sound
14		or otherwise between the minor and adult prisoners. Minors 12
15		years of age or older must be kept separate from confined
16		adults and may not at any time be kept in the same cell, room,
17		or yard with confined adults. This paragraph (d)(i) shall only
18		apply to confinement pending an adjudicatory hearing and shall
19		not exceed 40 hours, excluding Saturdays, Sundays and court
20		designated holidays. To accept or hold minors during this time
21		period, county jails shall comply with all monitoring standards
22		promulgated by the Department of Corrections and training
23		standards approved by the Illinois Law Enforcement Training
24		Standards Board.
25		(ii) To accept or hold minors, 12 years of age or older,
26		after the time period prescribed in paragraph (d)(i) of this
27		subsection (2) of this Section but not exceeding 7 days
28		including Saturdays, Sundays and holidays pending an
29		adjudicatory hearing, county jails shall comply with all
30		temporary detention standards promulgated by the Department of
31		Corrections and training standards approved by the Illinois Law
32		Enforcement Training Standards Board.
33		(iii) To accept or hold minors 12 years of age or older,
34		after the time period prescribed in paragraphs (d)(i) and

1		(d)(ii) of this subsection (2) of this Section, county jails
2		shall comply with all programmatic and training standards for
3		juvenile detention homes promulgated by the Department of
4		Corrections.
5		(e) When a minor who is at least 15 years of age is
6		prosecuted under the criminal laws of this State, the court may
7		enter an order directing that the juvenile be confined in the
8		county jail. However, any juvenile confined in the county jail
9		under this provision shall be separated from adults who are
10		confined in the county jail in such a manner that there will be
11		no contact by sight, sound or otherwise between the juvenile
12		and adult prisoners.
13		(f) For purposes of appearing in a physical lineup, the
14		minor may be taken to a county jail or municipal lockup under
15		the direct and constant supervision of a juvenile police
16		officer. During such time as is necessary to conduct a lineup,
17		and while supervised by a juvenile police officer, the sight
18		and sound separation provisions shall not apply.
19		(g) For purposes of processing a minor, the minor may be
20		taken to a County Jail or municipal lockup under the direct and
21		constant supervision of a law enforcement officer or
22		correctional officer. During such time as is necessary to
23		process the minor, and while supervised by a law enforcement
24		officer or correctional officer, the sight and sound separation
25		provisions shall not apply.
26		(3) If the probation officer or State's Attorney (or such
27		other public officer designated by the court in a county having
28		3,000,000 or more inhabitants) determines that the minor may be
29		a delinquent minor as described in subsection (3) of Section
30		5-105, and should be retained in custody but does not require
31		physical restriction, the minor may be placed in non-secure
32		custody for up to 40 hours pending a detention hearing.
33		(4) Any minor taken into temporary custody, not requiring
34		secure detention, may, however, be detained in the home of his

1		or her parent or guardian subject to such conditions as the
2		court may impose.
3		(Source: P.A. 93-255, eff. 1-1-04.)
4		(705 ILCS 405/5-901)
5		Sec. 5-901. Court file.
6		(1) The Court file with respect to proceedings under this
7		Article shall consist of the petitions, pleadings, victim
8		impact statements, process, service of process, orders, writs
9		and docket entries reflecting hearings held and judgments and
10		decrees entered by the court. The court file shall be kept
11		separate from other records of the court.
12		(a) The file, including information identifying the
13		victim or alleged victim of any sex offense, shall be
14		disclosed only to the following parties when necessary for
15		discharge of their official duties:
16		(i) A judge of the circuit court and members of the
17		staff of the court designated by the judge;
18		(ii) Parties to the proceedings and their
19		attorneys;
20		(iii) Victims and their attorneys, except in cases
21		of multiple victims of sex offenses in which case the
22		information identifying the nonrequesting victims
23		shall be redacted;
24		(iv) Probation officers, law enforcement officers
25		or prosecutors or their staff;
26		(v) Adult and juvenile Prisoner Review Boards.
27		(b) The Court file redacted to remove any information
28		identifying the victim or alleged victim of any sex offense
29		shall be disclosed only to the following parties when
30		necessary for discharge of their official duties:
31		(i) Authorized military personnel;
32		(ii) Persons engaged in bona fide research, with
33		the permission of the judge of the juvenile court and

1		the chief executive of the agency that prepared the
2		particular recording: provided that publication of
3		such research results in no disclosure of a minor's
4		identity and protects the confidentiality of the
5		record;
6		(iii) The Secretary of State to whom the Clerk of
7		the Court shall report the disposition of all cases, as
8		required in Section 6-204 or Section 6-205.1 of the
9		Illinois Vehicle Code. However, information reported
10		relative to these offenses shall be privileged and
11		available only to the Secretary of State, courts, and
12		police officers;
13		(iv) The administrator of a bonafide substance
14		abuse student assistance program with the permission
15		of the presiding judge of the juvenile court;
16		(v) Any individual, or any public or private agency
17		or institution, having custody of the juvenile under
18		court order or providing educational, medical or
19		mental health services to the juvenile or a
20		court-approved advocate for the juvenile or any
21		placement provider or potential placement provider as
22		determined by the court.
23		(3) A minor who is the victim or alleged victim in a
24		juvenile proceeding shall be provided the same confidentiality
25		regarding disclosure of identity as the minor who is the
26		subject of record. Information identifying victims and alleged
27		victims of sex offenses, shall not be disclosed or open to
28		public inspection under any circumstances. Nothing in this
29		Section shall prohibit the victim or alleged victim of any sex
30		offense from voluntarily disclosing his or her identity.
31		(4) Relevant information, reports and records shall be made
32		available to the Department of Corrections when a juvenile
33		offender has been placed in the custody of the Department of
34		Corrections, Juvenile Division.

1		(5) Except as otherwise provided in this subsection (5),
2		juvenile court records shall not be made available to the
3		general public but may be inspected by representatives of
4		agencies, associations and news media or other properly
5		interested persons by general or special order of the court.
6		The State's Attorney, the minor, his or her parents, guardian
7		and counsel shall at all times have the right to examine court
8		files and records.
9		(a) The court shall allow the general public to have
10		access to the name, address, and offense of a minor who is
11		adjudicated a delinquent minor under this Act under either
12		of the following circumstances:
13		(i) The adjudication of delinquency was based upon
14		the minor's commission of first degree murder, attempt
15		to commit first degree murder, aggravated criminal
16		sexual assault, or criminal sexual assault; or
17		(ii) The court has made a finding that the minor
18		was at least 13 years of age at the time the act was
19		committed and the adjudication of delinquency was
20		based upon the minor's commission of: (A) an act in
21		furtherance of the commission of a felony as a member
22		of or on behalf of a criminal street gang, (B) an act
23		involving the use of a firearm in the commission of a
24		felony, (C) an act that would be a Class X felony
25		offense under or the minor's second or subsequent Class
26		2 or greater felony offense under the Cannabis Control
27		Act if committed by an adult, (D) an act that would be
28		a second or subsequent offense under Section 402 of the
29		Illinois Controlled Substances Act if committed by an
30		adult, or (E) an act that would be an offense under
31		Section 401 of the Illinois Controlled Substances Act
32		if committed by an adult.
33		(b) The court shall allow the general public to have
34		access to the name, address, and offense of a minor who is

1		at least 13 years of age at the time the offense is
2		committed and who is convicted, in criminal proceedings
3		permitted or required under Section 5-805, under either of
4		the following circumstances:
5		(i) The minor has been convicted of first degree
6		murder, attempt to commit first degree murder,
7		aggravated criminal sexual assault, or criminal sexual
8		assault,
9		(ii) The court has made a finding that the minor
10		was at least 13 years of age at the time the offense
11		was committed and the conviction was based upon the
12		minor's commission of: (A) an offense in furtherance of
13		the commission of a felony as a member of or on behalf
14		of a criminal street gang, (B) an offense involving the
15		use of a firearm in the commission of a felony, (C) a
16		Class X felony offense under the Cannabis Control Act
17		or a second or subsequent Class 2 or greater felony
18		offense under the Cannabis Control Act, (D) a second or
19		subsequent offense under Section 402 of the Illinois
20		Controlled Substances Act, or (E) an offense under
21		Section 401 of the Illinois Controlled Substances Act.
22		(6) Nothing in this Section shall be construed to limit the
23		use of a adjudication of delinquency as evidence in any
24		juvenile or criminal proceeding, where it would otherwise be
25		admissible under the rules of evidence, including but not
26		limited to, use as impeachment evidence against any witness,
27		including the minor if he or she testifies.
28		(7) Nothing in this Section shall affect the right of a
29		Civil Service Commission or appointing authority examining the
30		character and fitness of an applicant for a position as a law
31		enforcement officer to ascertain whether that applicant was
32		ever adjudicated to be a delinquent minor and, if so, to
33		examine the records or evidence which were made in proceedings
34		under this Act.

1		(8) Following any adjudication of delinquency for a crime
2		which would be a felony if committed by an adult, or following
3		any adjudication of delinquency for a violation of Section
4		24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961, the
5		State's Attorney shall ascertain whether the minor respondent
6		is enrolled in school and, if so, shall provide a copy of the
7		sentencing order to the principal or chief administrative
8		officer of the school. Access to such juvenile records shall be
9		limited to the principal or chief administrative officer of the
10		school and any guidance counselor designated by him or her.
11		(9) Nothing contained in this Act prevents the sharing or
12		disclosure of information or records relating or pertaining to
13		juveniles subject to the provisions of the Serious Habitual
14		Offender Comprehensive Action Program when that information is
15		used to assist in the early identification and treatment of
16		habitual juvenile offenders.
17		(11) The Clerk of the Circuit Court shall report to the
18		Department of State Police, in the form and manner required by
19		the Department of State Police, the final disposition of each
20		minor who has been arrested or taken into custody before his or
21		her 18th 17th birthday for those offenses required to be
22		reported under Section 5 of the Criminal Identification Act.
23		Information reported to the Department under this Section may
24		be maintained with records that the Department files under
25		Section 2.1 of the Criminal Identification Act.
26		(12) Information or records may be disclosed to the general
27		public when the court is conducting hearings under Section
28		5-805 or 5-810.
29		(Source: P.A. 90-590, eff. 1-1-99.)
30		(705 ILCS 405/5-905)
31		Sec. 5-905. Law enforcement records.
32		(1) Law Enforcement Records. Inspection and copying of law
33		enforcement records maintained by law enforcement agencies

1		that relate to a minor who has been arrested or taken into
2		custody before his or her 18th 17th birthday shall be
3		restricted to the following and when necessary for the
4		discharge of their official duties:
5		(a) A judge of the circuit court and members of the
6		staff of the court designated by the judge;
7		(b) Law enforcement officers, probation officers or
8		prosecutors or their staff;
9		(c) The minor, the minor's parents or legal guardian
10		and their attorneys, but only when the juvenile has been
11		charged with an offense;
12		(d) Adult and Juvenile Prisoner Review Boards;
13		(e) Authorized military personnel;
14		(f) Persons engaged in bona fide research, with the
15		permission of the judge of juvenile court and the chief
16		executive of the agency that prepared the particular
17		recording: provided that publication of such research
18		results in no disclosure of a minor's identity and protects
19		the confidentiality of the record;
20		(g) Individuals responsible for supervising or
21		providing temporary or permanent care and custody of minors
22		pursuant to orders of the juvenile court or directives from
23		officials of the Department of Children and Family Services
24		or the Department of Human Services who certify in writing
25		that the information will not be disclosed to any other
26		party except as provided under law or order of court;
27		(h) The appropriate school official. Inspection and
28		copying shall be limited to law enforcement records
29		transmitted to the appropriate school official by a local
30		law enforcement agency under a reciprocal reporting system
31		established and maintained between the school district and
32		the local law enforcement agency under Section 10-20.14 of
33		the School Code concerning a minor enrolled in a school
34		within the school district who has been arrested for any

1		offense classified as a felony or a Class A or B
2		misdemeanor.
3		(2) Information identifying victims and alleged victims of
4		sex offenses, shall not be disclosed or open to public
5		inspection under any circumstances. Nothing in this Section
6		shall prohibit the victim or alleged victim of any sex offense
7		from voluntarily disclosing his or her identity.
8		(3) Relevant information, reports and records shall be made
9		available to the Department of Corrections when a juvenile
10		offender has been placed in the custody of the Department of
11		Corrections, Juvenile Division.
12		(4) Nothing in this Section shall prohibit the inspection
13		or disclosure to victims and witnesses of photographs contained
14		in the records of law enforcement agencies when the inspection
15		or disclosure is conducted in the presence of a law enforcement
16		officer for purposes of identification or apprehension of any
17		person in the course of any criminal investigation or
18		prosecution.
19		(5) The records of law enforcement officers concerning all
20		minors under 18 17 years of age must be maintained separate
21		from the records of adults and may not be open to public
22		inspection or their contents disclosed to the public except by
23		order of the court or when the institution of criminal
24		proceedings has been permitted under Section 5-130 or 5-805 or
25		required under Section 5-130 or 5-805 or such a person has been
26		convicted of a crime and is the subject of pre-sentence
27		investigation or when provided by law.
28		(6) Except as otherwise provided in this subsection (6),
29		law enforcement officers may not disclose the identity of any
30		minor in releasing information to the general public as to the
31		arrest, investigation or disposition of any case involving a
32		minor. Any victim or parent or legal guardian of a victim may
33		petition the court to disclose the name and address of the
34		minor and the minor's parents or legal guardian, or both. Upon

1		a finding by clear and convincing evidence that the disclosure
2		is either necessary for the victim to pursue a civil remedy
3		against the minor or the minor's parents or legal guardian, or
4		both, or to protect the victim's person or property from the
5		minor, then the court may order the disclosure of the
6		information to the victim or to the parent or legal guardian of
7		the victim only for the purpose of the victim pursuing a civil
8		remedy against the minor or the minor's parents or legal
9		guardian, or both, or to protect the victim's person or
10		property from the minor.
11		(7) Nothing contained in this Section shall prohibit law
12		enforcement agencies when acting in their official capacity
13		from communicating with each other by letter, memorandum,
14		teletype or intelligence alert bulletin or other means the
15		identity or other relevant information pertaining to a person
16		under 18 17 years of age. The information provided under this
17		subsection (7) shall remain confidential and shall not be
18		publicly disclosed, except as otherwise allowed by law.
19		(8) No person shall disclose information under this Section
20		except when acting in his or her official capacity and as
21		provided by law or order of court.
22		(Source: P.A. 90-590, eff. 1-1-99; 91-479, eff. 1-1-00.)
23		(705 ILCS 405/5-915)
24		Sec. 5-915. Expungement of law enforcement and juvenile
25		court records.
26		(1) Whenever any person has attained the age of 18 17 or
27		whenever all juvenile court proceedings relating to that person
28		have been terminated, whichever is later, the person may
29		petition the court to expunge law enforcement records relating
30		to incidents occurring before his or her 18th 17th birthday or
31		his or her juvenile court records, or both, but only in the
32		following circumstances:
33		(a) the minor was arrested and no petition for

1		delinquency was filed with the clerk of the circuit court;
2		or
3		(b) the minor was charged with an offense and was found
4		not delinquent of that offense; or
5		(c) the minor was placed under supervision pursuant to
6		Section 5-615, and the order of supervision has since been
7		successfully terminated; or
8		(d) the minor was adjudicated for an offense which
9		would be a Class B misdemeanor if committed by an adult.
10		(2) Any person may petition the court to expunge all law
11		enforcement records relating to any incidents occurring before
12		his or her 18th 17th birthday which did not result in
13		proceedings in criminal court and all juvenile court records
14		with respect to any adjudications except those based upon first
15		degree murder and sex offenses which would be felonies if
16		committed by an adult, if the person for whom expungement is
17		sought has had no convictions for any crime since his or her
18		18th 17th birthday and:
19		(a) has attained the age of 21 years; or
20		(b) 5 years have elapsed since all juvenile court
21		proceedings relating to him or her have been terminated or
22		his or her commitment to the Department of Corrections,
23		Juvenile Division pursuant to this Act has been terminated;
24		whichever is later of (a) or (b).
25		(3) The chief judge of the circuit in which an arrest was
26		made or a charge was brought or any judge of that circuit
27		designated by the chief judge may, upon verified petition of a
28		person who is the subject of an arrest or a juvenile court
29		proceeding under subsection (1) or (2) of this Section, order
30		the law enforcement records or official court file, or both, to
31		be expunged from the official records of the arresting
32		authority, the clerk of the circuit court and the Department of
33		State Police. Notice of the petition shall be served upon the
34		State's Attorney and upon the arresting authority which is the

1		subject of the petition for expungement.
2		(4) Upon entry of an order expunging records or files, the
3		offense, which the records or files concern shall be treated as
4		if it never occurred. Law enforcement officers and other public
5		offices and agencies shall properly reply on inquiry that no
6		record or file exists with respect to the person.
7		(5) Records which have not been expunged are sealed, and
8		may be obtained only under the provisions of Sections 5-901,
9		5-905 and 5-915.
10		(6) Nothing in this Section shall be construed to prohibit
11		the maintenance of information relating to an offense after
12		records or files concerning the offense have been expunged if
13		the information is kept in a manner that does not enable
14		identification of the offender. This information may only be
15		used for statistical and bona fide research purposes.
16		(Source: P.A. 90-590, eff. 1-1-99.)

17		Section 10. The Unified Code of Corrections is amended by
18		changing Sections 3-10-7 and 5-8-6 as follows:
19		(730 ILCS 5/3-10-7) (from Ch. 38, par. 1003-10-7)
20		Sec. 3-10-7. Interdivisional Transfers. (a) In any case
21		where a minor was originally prosecuted under the provisions of
22		the Criminal Code of 1961, as amended, and sentenced under the
23		provisions of this Act pursuant to Section 2-7 of the Juvenile
24		Court Act or Section 5-805 of the Juvenile Court Act of 1987
25		and committed to the Juvenile Division under Section 5-8-6, the
26		Department of Corrections shall, within 30 days of the date
27		that the minor reaches the age of 18 17, send formal
28		notification to the sentencing court and the State's Attorney
29		of the county from which the minor was sentenced indicating the
30		day upon which the minor offender will achieve the age of 18
31		17. Within 90 days of receipt of that notice, the sentencing
32		court shall conduct a hearing, pursuant to the provisions of

1		subsection (c) of this Section to determine whether or not the
2		minor shall continue to remain under the auspices of the
3		Juvenile Division or be transferred to the Adult Division of
4		the Department of Corrections.
5		The minor shall be served with notice of the date of the
6		hearing, shall be present at the hearing, and has the right to
7		counsel at the hearing. The minor, with the consent of his or
8		her counsel or guardian may waive his presence at hearing.
9		(b) Unless sooner paroled under Section 3-3-3, the
10		confinement of a minor person committed for an indeterminate
11		sentence in a criminal proceeding shall terminate at the
12		expiration of the maximum term of imprisonment, and he shall
13		thereupon be released to serve a period of parole under Section
14		5-8-1, but if the maximum term of imprisonment does not expire
15		until after his 21st birthday, he shall continue to be subject
16		to the control and custody of the Department, and on his 21st
17		birthday, he shall be transferred to the Adult Division. If
18		such person is on parole on his 21st birthday, his parole
19		supervision may be transferred to the Adult Division.
20		(c) Any interdivisional transfer hearing conducted
21		pursuant to subsection (a) of this Section shall consider all
22		available information which may bear upon the issue of
23		transfer. All evidence helpful to the court in determining the
24		question of transfer, including oral and written reports
25		containing hearsay, may be relied upon to the extent of its
26		probative value, even though not competent for the purposes of
27		an adjudicatory hearing. The court shall consider, along with
28		any other relevant matter, the following:
29		1. The nature of the offense for which the minor was found
30		guilty and the length of the sentence the minor has to serve
31		and the record and previous history of the minor.
32		2. The record of the minor's adjustment within the
33		Department of Corrections' Juvenile Division, including, but
34		not limited to, reports from the minor's counselor, any

1		escapes, attempted escapes or violent or disruptive conduct on
2		the part of the minor, any tickets received by the minor,
3		summaries of classes attended by the minor, and any record of
4		work performed by the minor while in the institution.
5		3. The relative maturity of the minor based upon the
6		physical, psychological and emotional development of the
7		minor.
8		4. The record of the rehabilitative progress of the minor
9		and an assessment of the vocational potential of the minor.
10		5. An assessment of the necessity for transfer of the
11		minor, including, but not limited to, the availability of space
12		within the Department of Corrections, the disciplinary and
13		security problem which the minor has presented to the Juvenile
14		Division and the practicability of maintaining the minor in a
15		juvenile facility, whether resources have been exhausted
16		within the Juvenile Division of the Department of Corrections,
17		the availability of rehabilitative and vocational programs
18		within the Department of Corrections, and the anticipated
19		ability of the minor to adjust to confinement within an adult
20		institution based upon the minor's physical size and maturity.
21		All relevant factors considered under this subsection need
22		not be resolved against the juvenile in order to justify such
23		transfer. Access to social records, probation reports or any
24		other reports which are considered by the court for the purpose
25		of transfer shall be made available to counsel for the juvenile
26		at least 30 days prior to the date of the transfer hearing. The
27		Sentencing Court, upon granting a transfer order, shall
28		accompany such order with a statement of reasons.
29		(d) Whenever the Director or his designee determines that
30		the interests of safety, security and discipline require the
31		transfer to the Adult Division of a person 18 17 years or older
32		who was prosecuted under the provisions of the Criminal Code of
33		1961, as amended, and sentenced under the provisions of this
34		Act pursuant to Section 2-7 of the Juvenile Court Act or

1		Section 5-805 of the Juvenile Court Act of 1987 and committed
2		to the Juvenile Division under Section 5-8-6, the Director or
3		his designee may authorize the emergency transfer of such
4		person, unless the transfer of the person is governed by
5		subsection (e) of this Section. The sentencing court shall be
6		provided notice of any emergency transfer no later than 3 days
7		after the emergency transfer. Upon motion brought within 60
8		days of the emergency transfer by the sentencing court or any
9		party, the sentencing court may conduct a hearing pursuant to
10		the provisions of subsection (c) of this Section in order to
11		determine whether the person shall remain confined in the Adult
12		Division.
13		(e) The Director or his designee may authorize the
14		permanent transfer to the Adult Division of any person 18 years
15		or older who was prosecuted under the provisions of the
16		Criminal Code of 1961, as amended, and sentenced under the
17		provisions of this Act pursuant to Section 2-7 of the Juvenile
18		Court Act or Section 5-805 of the Juvenile Court Act of 1987
19		and committed to the Juvenile Division under Section 5-8-6 of
20		this Act. The Director or his designee shall be governed by the
21		following factors in determining whether to authorize the
22		permanent transfer of the person to the Adult Division:
23		1. The nature of the offense for which the person was found
24		guilty and the length of the sentence the person has to serve
25		and the record and previous history of the person.
26		2. The record of the person's adjustment within the
27		Department of Corrections' Juvenile Division, including, but
28		not limited to, reports from the person's counselor, any
29		escapes, attempted escapes or violent or disruptive conduct on
30		the part of the person, any tickets received by the person,
31		summaries of classes attended by the person, and any record of
32		work performed by the person while in the institution.
33		3. The relative maturity of the person based upon the
34		physical, psychological and emotional development of the

1		person.
2		4. The record of the rehabilitative progress of the person
3		and an assessment of the vocational potential of the person.
4		5. An assessment of the necessity for transfer of the
5		person, including, but not limited to, the availability of
6		space within the Department of Corrections, the disciplinary
7		and security problem which the person has presented to the
8		Juvenile Division and the practicability of maintaining the
9		person in a juvenile facility, whether resources have been
10		exhausted within the Juvenile Division of the Department of
11		Corrections, the availability of rehabilitative and vocational
12		programs within the Department of Corrections, and the
13		anticipated ability of the person to adjust to confinement
14		within an adult institution based upon the person's physical
15		size and maturity.
16		(Source: P.A. 90-590, eff. 1-1-99.)
17		(730 ILCS 5/5-8-6) (from Ch. 38, par. 1005-8-6)
18		Sec. 5-8-6. Place of Confinement. (a) Offenders sentenced
19		to a term of imprisonment for a felony shall be committed to
20		the penitentiary system of the Department of Corrections.
21		However, such sentence shall not limit the powers of the
22		Department of Children and Family Services in relation to any
23		child under the age of one year in the sole custody of a person
24		so sentenced, nor in relation to any child delivered by a
25		female so sentenced while she is so confined as a consequence
26		of such sentence. A person sentenced for a felony may be
27		assigned by the Department of Corrections to any of its
28		institutions, facilities or programs.
29		(b) Offenders sentenced to a term of imprisonment for less
30		than one year shall be committed to the custody of the sheriff.
31		A person committed to the Department of Corrections, prior to
32		July 14, 1983, for less than one year may be assigned by the
33		Department to any of its institutions, facilities or programs.

1		(c) All offenders under 18 17 years of age when sentenced
2		to imprisonment shall be committed to the Juvenile Division of
3		the Department of Corrections and the court in its order of
4		commitment shall set a definite term. Such order of commitment
5		shall be the sentence of the court which may be amended by the
6		court while jurisdiction is retained; and such sentence shall
7		apply whenever the offender sentenced is in the control and
8		custody of the Adult Division of the Department of Corrections.
9		The provisions of Section 3-3-3 shall be a part of such
10		commitment as fully as though written in the order of
11		commitment. The committing court shall retain jurisdiction of
12		the subject matter and the person until he or she reaches the
13		age of 21 unless earlier discharged. However, the Juvenile
14		Division of the Department of Corrections shall, after a
15		juvenile has reached 18 17 years of age, petition the court to
16		conduct a hearing pursuant to subsection (c) of Section 3-10-7
17		of this Code.
18		(d) No defendant shall be committed to the Department of
19		Corrections for the recovery of a fine or costs.
20		(e) When a court sentences a defendant to a term of
21		imprisonment concurrent with a previous and unexpired sentence
22		of imprisonment imposed by any district court of the United
23		States, it may commit the offender to the custody of the
24		Attorney General of the United States. The Attorney General of
25		the United States, or the authorized representative of the
26		Attorney General of the United States, shall be furnished with
27		the warrant of commitment from the court imposing sentence,
28		which warrant of commitment shall provide that, when the
29		offender is released from federal confinement, whether by
30		parole or by termination of sentence, the offender shall be
31		transferred by the Sheriff of the committing county to the
32		Department of Corrections. The court shall cause the Department
33		to be notified of such sentence at the time of commitment and
34		to be provided with copies of all records regarding the

1		sentence.
2		(Source: P.A. 83-1362.)".