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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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, 5-401.5, 5-410, 5-901, 5-905, and 5-915 as follows:
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7 | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
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8 | Sec. 1-7. Confidentiality of law enforcement records.
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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:
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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, or, when necessary | ||||||
21 | for the discharge of its official duties in connection with | ||||||
22 | a particular investigation of the conduct of a law | ||||||
23 | enforcement officer, an independent agency or its staff |
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1 | created by ordinance and charged by a unit of local | ||||||
2 | government with the duty of investigating the conduct of | ||||||
3 | law enforcement officers. For purposes of
this Section, | ||||||
4 | "criminal street gang" has the meaning ascribed to it in
| ||||||
5 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
6 | Prevention Act.
| ||||||
7 | (2) Prosecutors, probation officers, social workers, | ||||||
8 | or other
individuals assigned by the court to conduct a | ||||||
9 | pre-adjudication or
pre-disposition investigation, and | ||||||
10 | individuals responsible for supervising
or providing | ||||||
11 | temporary or permanent care and custody for minors pursuant | ||||||
12 | to
the order of the juvenile court, when essential to | ||||||
13 | performing their
responsibilities.
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14 | (3) Prosecutors and probation officers:
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15 | (a) in the course of a trial when institution of | ||||||
16 | criminal proceedings
has been permitted or required | ||||||
17 | under Section 5-805; or
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18 | (b) when institution of criminal proceedings has | ||||||
19 | been permitted or required under Section 5-805 and such | ||||||
20 | minor is the
subject
of a proceeding to determine the | ||||||
21 | amount of bail; or
| ||||||
22 | (c) when criminal proceedings have been permitted
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23 | or
required under Section 5-805 and such minor is the | ||||||
24 | subject of a
pre-trial
investigation, pre-sentence | ||||||
25 | investigation, fitness hearing, or proceedings
on an | ||||||
26 | application for probation.
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1 | (4) Adult and Juvenile Prisoner Review Board.
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2 | (5) Authorized military personnel.
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3 | (6) Persons engaged in bona fide research, with the | ||||||
4 | permission of the
Presiding Judge of the Juvenile Court and | ||||||
5 | the chief executive of the respective
law enforcement | ||||||
6 | agency; provided that publication of such research results
| ||||||
7 | in no disclosure of a minor's identity and protects the | ||||||
8 | confidentiality
of the minor's record.
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9 | (7) Department of Children and Family Services child | ||||||
10 | protection
investigators acting in their official | ||||||
11 | capacity.
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12 | (8) The appropriate school official only if the agency | ||||||
13 | or officer believes that there is an imminent threat of | ||||||
14 | physical harm to students, school personnel, or others who | ||||||
15 | are present in the school or on school grounds. | ||||||
16 | (A) Inspection and copying
shall be limited to law | ||||||
17 | enforcement records transmitted to the appropriate
| ||||||
18 | school official or officials whom the school has | ||||||
19 | determined to have a legitimate educational or safety | ||||||
20 | interest by a local law enforcement agency under a | ||||||
21 | reciprocal reporting
system established and maintained | ||||||
22 | between the school district and the local law
| ||||||
23 | enforcement agency under Section 10-20.14 of the | ||||||
24 | School Code concerning a minor
enrolled in a school | ||||||
25 | within the school district who has been arrested or | ||||||
26 | taken
into custody for any of the following offenses:
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1 | (i) any violation of Article 24 of the Criminal | ||||||
2 | Code of
1961 or the Criminal Code of 2012;
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3 | (ii) a violation of the Illinois Controlled | ||||||
4 | Substances Act;
| ||||||
5 | (iii) a violation of the Cannabis Control Act;
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6 | (iv) a forcible felony as defined in Section 2-8 of | ||||||
7 | the Criminal Code
of 1961 or the Criminal Code of 2012; | ||||||
8 | (v) a violation of the Methamphetamine Control and | ||||||
9 | Community Protection Act;
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10 | (vi) a violation of Section 1-2 of the Harassing | ||||||
11 | and Obscene Communications Act; | ||||||
12 | (vii) a violation of the Hazing Act; or | ||||||
13 | (viii) a violation of Section 12-1, 12-2, 12-3, | ||||||
14 | 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 12-5, 12-7.3, | ||||||
15 | 12-7.4, 12-7.5, 25-1, or 25-5 of the Criminal Code of | ||||||
16 | 1961 or the Criminal Code of 2012. | ||||||
17 | The information derived from the law enforcement | ||||||
18 | records shall be kept separate from and shall not | ||||||
19 | become a part of the official school record of that | ||||||
20 | child and shall not be a public record. The information | ||||||
21 | shall be used solely by the appropriate school official | ||||||
22 | or officials whom the school has determined to have a | ||||||
23 | legitimate educational or safety interest to aid in the | ||||||
24 | proper rehabilitation of the child and to protect the | ||||||
25 | safety of students and employees in the school. If the | ||||||
26 | designated law enforcement and school officials deem |
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1 | it to be in the best interest of the minor, the student | ||||||
2 | may be referred to in-school or community based social | ||||||
3 | services if those services are available. | ||||||
4 | "Rehabilitation services" may include interventions by | ||||||
5 | school support personnel, evaluation for eligibility | ||||||
6 | for special education, referrals to community-based | ||||||
7 | agencies such as youth services, behavioral healthcare | ||||||
8 | service providers, drug and alcohol prevention or | ||||||
9 | treatment programs, and other interventions as deemed | ||||||
10 | appropriate for the student. | ||||||
11 | (B) Any information provided to appropriate school | ||||||
12 | officials whom the school has determined to have a | ||||||
13 | legitimate educational or safety interest by local law | ||||||
14 | enforcement officials about a minor who is the subject | ||||||
15 | of a current police investigation that is directly | ||||||
16 | related to school safety shall consist of oral | ||||||
17 | information only, and not written law enforcement | ||||||
18 | records, and shall be used solely by the appropriate | ||||||
19 | school official or officials to protect the safety of | ||||||
20 | students and employees in the school and aid in the | ||||||
21 | proper rehabilitation of the child. The information | ||||||
22 | derived orally from the local law enforcement | ||||||
23 | officials shall be kept separate from and shall not | ||||||
24 | become a part of the official school record of the | ||||||
25 | child and shall not be a public record. This limitation | ||||||
26 | on the use of information about a minor who is the |
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1 | subject of a current police investigation shall in no | ||||||
2 | way limit the use of this information by prosecutors in | ||||||
3 | pursuing criminal charges arising out of the | ||||||
4 | information disclosed during a police investigation of | ||||||
5 | the minor. For purposes of this paragraph, | ||||||
6 | "investigation" means an official systematic inquiry | ||||||
7 | by a law enforcement agency into actual or suspected | ||||||
8 | criminal activity.
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9 | (9) Mental health professionals on behalf of the | ||||||
10 | Illinois Department of
Corrections or the Department of | ||||||
11 | Human Services or prosecutors who are
evaluating, | ||||||
12 | prosecuting, or investigating a potential or actual | ||||||
13 | petition
brought
under the Sexually Violent Persons | ||||||
14 | Commitment Act relating to a person who is
the
subject of | ||||||
15 | juvenile law enforcement records or the respondent to a | ||||||
16 | petition
brought under the Sexually Violent Persons | ||||||
17 | Commitment Act who is the subject of
the
juvenile law | ||||||
18 | enforcement records sought.
Any records and any | ||||||
19 | information obtained from those records under this
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20 | paragraph (9) may be used only in sexually violent persons | ||||||
21 | commitment
proceedings.
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22 | (10) The president of a park district. Inspection and | ||||||
23 | copying shall be limited to law enforcement records | ||||||
24 | transmitted to the president of the park district by the | ||||||
25 | Illinois State Police under Section 8-23 of the Park | ||||||
26 | District Code or Section 16a-5 of the Chicago Park District |
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1 | Act concerning a person who is seeking employment with that | ||||||
2 | park district and who has been adjudicated a juvenile | ||||||
3 | delinquent for any of the offenses listed in subsection (c) | ||||||
4 | of Section 8-23 of the Park District Code or subsection (c) | ||||||
5 | of Section 16a-5 of the Chicago Park District Act.
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6 | (B) (1) Except as provided in paragraph (2), no law | ||||||
7 | enforcement
officer or other person or agency may knowingly | ||||||
8 | transmit to the Department of
Corrections or the Department | ||||||
9 | of State Police or to the Federal
Bureau of Investigation | ||||||
10 | any fingerprint or photograph relating to a minor who
has | ||||||
11 | been arrested or taken into custody before his or her 18th | ||||||
12 | 17th birthday,
unless the court in proceedings under this | ||||||
13 | Act authorizes the transmission or
enters an order under | ||||||
14 | Section 5-805 permitting or requiring the
institution of
| ||||||
15 | criminal proceedings.
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16 | (2) Law enforcement officers or other persons or | ||||||
17 | agencies shall transmit
to the Department of State Police | ||||||
18 | copies of fingerprints and descriptions
of all minors who | ||||||
19 | have been arrested or taken into custody before their
18th | ||||||
20 | 17th birthday for the offense of unlawful use of weapons | ||||||
21 | under Article 24 of
the Criminal Code of 1961 or the | ||||||
22 | Criminal Code of 2012, a Class X or Class 1 felony, a | ||||||
23 | forcible felony as
defined in Section 2-8 of the Criminal | ||||||
24 | Code of 1961 or the Criminal Code of 2012, or a Class 2 or | ||||||
25 | greater
felony under the Cannabis Control Act, the Illinois | ||||||
26 | Controlled Substances Act, the Methamphetamine Control and |
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1 | Community Protection Act,
or Chapter 4 of the Illinois | ||||||
2 | Vehicle Code, pursuant to Section 5 of the
Criminal | ||||||
3 | Identification Act. Information reported to the Department | ||||||
4 | pursuant
to this Section may be maintained with records | ||||||
5 | that the Department files
pursuant to Section 2.1 of the | ||||||
6 | Criminal Identification Act. Nothing in this
Act prohibits | ||||||
7 | a law enforcement agency from fingerprinting a minor taken | ||||||
8 | into
custody or arrested before his or her 18th 17th | ||||||
9 | birthday for an offense other than
those listed in this | ||||||
10 | paragraph (2).
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11 | (C) The records of law enforcement officers, or of an | ||||||
12 | independent agency created by ordinance and charged by a unit | ||||||
13 | of local government with the duty of investigating the conduct | ||||||
14 | of law enforcement officers, concerning all minors under
18 17 | ||||||
15 | years of age must be maintained separate from the records of | ||||||
16 | arrests and
may not be open to public inspection or their | ||||||
17 | contents disclosed to the
public except by order of the court | ||||||
18 | presiding over matters pursuant to this Act or when the | ||||||
19 | institution of criminal
proceedings has been permitted or | ||||||
20 | required under Section
5-805 or such a person has been | ||||||
21 | convicted of a crime and is the
subject of
pre-sentence | ||||||
22 | investigation or proceedings on an application for probation
or | ||||||
23 | when provided by law. For purposes of obtaining documents | ||||||
24 | pursuant to this Section, a civil subpoena is not an order of | ||||||
25 | the court. | ||||||
26 | (1) In cases where the law enforcement, or independent |
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1 | agency, records concern a pending juvenile court case, the | ||||||
2 | party seeking to inspect the records shall provide actual | ||||||
3 | notice to the attorney or guardian ad litem of the minor | ||||||
4 | whose records are sought. | ||||||
5 | (2) In cases where the records concern a juvenile court | ||||||
6 | case that is no longer pending, the party seeking to | ||||||
7 | inspect the records shall provide actual notice to the | ||||||
8 | minor or the minor's parent or legal guardian, and the | ||||||
9 | matter shall be referred to the chief judge presiding over | ||||||
10 | matters pursuant to this Act. | ||||||
11 | (3) In determining whether the records should be | ||||||
12 | available for inspection, the court shall consider the | ||||||
13 | minor's interest in confidentiality and rehabilitation | ||||||
14 | over the moving party's interest in obtaining the | ||||||
15 | information. Any records obtained in violation of this | ||||||
16 | subsection (C) shall not be admissible in any criminal or | ||||||
17 | civil proceeding, or operate to disqualify a minor from | ||||||
18 | subsequently holding public office or securing employment, | ||||||
19 | or operate as a forfeiture of any public benefit, right, | ||||||
20 | privilege, or right to receive any license granted by | ||||||
21 | public authority.
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22 | (D) Nothing contained in subsection (C) of this Section | ||||||
23 | shall prohibit
the inspection or disclosure to victims and | ||||||
24 | witnesses of photographs
contained in the records of law | ||||||
25 | enforcement agencies when the
inspection and disclosure is | ||||||
26 | conducted in the presence of a law enforcement
officer for the |
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1 | purpose of the identification or apprehension of any person
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2 | subject to the provisions of this Act or for the investigation | ||||||
3 | or
prosecution of any crime.
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4 | (E) Law enforcement officers, and personnel of an | ||||||
5 | independent agency created by ordinance and charged by a unit | ||||||
6 | of local government with the duty of investigating the conduct | ||||||
7 | of law enforcement officers, may not disclose the identity of | ||||||
8 | any minor
in releasing information to the general public as to | ||||||
9 | the arrest, investigation
or disposition of any case involving | ||||||
10 | a minor.
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11 | (F) Nothing contained in this Section shall prohibit law | ||||||
12 | enforcement
agencies from communicating with each other by | ||||||
13 | letter, memorandum, teletype or
intelligence alert bulletin or | ||||||
14 | other means the identity or other relevant
information | ||||||
15 | pertaining to a person under 18 17 years of age if there are
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16 | reasonable grounds to believe that the person poses a real and | ||||||
17 | present danger
to the safety of the public or law enforcement | ||||||
18 | officers. The information
provided under this subsection (F) | ||||||
19 | shall remain confidential and shall not
be publicly disclosed, | ||||||
20 | except as otherwise allowed by law.
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21 | (G) Nothing in this Section shall prohibit the right of a | ||||||
22 | Civil Service
Commission or appointing authority of any state, | ||||||
23 | county or municipality
examining the character and fitness of | ||||||
24 | an applicant for employment with a law
enforcement agency, | ||||||
25 | correctional institution, or fire department
from obtaining | ||||||
26 | and examining the
records of any law enforcement agency |
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1 | relating to any record of the applicant
having been arrested or | ||||||
2 | taken into custody before the applicant's 18th 17th
birthday.
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3 | The changes made to this Section by this amendatory Act of | ||||||
4 | the 98th General Assembly apply to law enforcement records of a | ||||||
5 | minor who has been arrested or taken into custody on or after | ||||||
6 | the effective date of this amendatory Act. | ||||||
7 | (Source: P.A. 96-419, eff. 8-13-09; 97-700, eff. 6-22-12; | ||||||
8 | 97-1083, eff. 8-24-12; 97-1104, eff. 1-1-13; 97-1150, eff. | ||||||
9 | 1-25-13.)
| ||||||
10 | (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
| ||||||
11 | Sec. 1-8. Confidentiality and accessibility of juvenile | ||||||
12 | court records.
| ||||||
13 | (A) Inspection and copying of juvenile court records | ||||||
14 | relating to a minor
who is the subject of a proceeding under | ||||||
15 | this Act shall be restricted to the
following:
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16 | (1) The minor who is the subject of record, his | ||||||
17 | parents, guardian
and counsel.
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18 | (2) Law enforcement officers and law enforcement | ||||||
19 | agencies when such
information is essential to executing an | ||||||
20 | arrest or search warrant or other
compulsory process, or to | ||||||
21 | conducting an ongoing investigation
or relating to a minor | ||||||
22 | who
has been adjudicated delinquent and there has been a | ||||||
23 | previous finding that
the act which constitutes the | ||||||
24 | previous offense was committed in furtherance
of criminal | ||||||
25 | activities by a criminal street gang.
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1 | Before July 1, 1994, for the purposes of this Section, | ||||||
2 | "criminal street
gang" means any ongoing
organization, | ||||||
3 | association, or group of 3 or more persons, whether formal | ||||||
4 | or
informal, having as one of its primary activities the | ||||||
5 | commission of one or
more criminal acts and that has a | ||||||
6 | common name or common identifying sign,
symbol or specific | ||||||
7 | color apparel displayed, and whose members individually
or | ||||||
8 | collectively engage in or have engaged in a pattern of | ||||||
9 | criminal activity.
| ||||||
10 | Beginning July 1, 1994, for purposes of this Section, | ||||||
11 | "criminal street
gang" has the meaning ascribed to it in | ||||||
12 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
13 | Prevention Act.
| ||||||
14 | (3) Judges, hearing officers, prosecutors, probation | ||||||
15 | officers, social
workers or other
individuals assigned by | ||||||
16 | the court to conduct a pre-adjudication or
predisposition | ||||||
17 | investigation, and individuals responsible for supervising
| ||||||
18 | or providing temporary or permanent care and custody for | ||||||
19 | minors pursuant
to the order of the juvenile court when | ||||||
20 | essential to performing their
responsibilities.
| ||||||
21 | (4) Judges, prosecutors and probation officers:
| ||||||
22 | (a) in the course of a trial when institution of | ||||||
23 | criminal proceedings
has been permitted or required | ||||||
24 | under Section 5-805; or
| ||||||
25 | (b) when criminal proceedings have been permitted
| ||||||
26 | or
required under Section 5-805 and a minor is the |
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| |||||||
1 | subject of a
proceeding to
determine the amount of | ||||||
2 | bail; or
| ||||||
3 | (c) when criminal proceedings have been permitted
| ||||||
4 | or
required under Section 5-805 and a minor is the | ||||||
5 | subject of a
pre-trial
investigation, pre-sentence | ||||||
6 | investigation or fitness hearing, or
proceedings on an | ||||||
7 | application for probation; or
| ||||||
8 | (d) when a minor becomes 18 17 years of age or | ||||||
9 | older, and is the subject
of criminal proceedings, | ||||||
10 | including a hearing to determine the amount of
bail, a | ||||||
11 | pre-trial investigation, a pre-sentence investigation, | ||||||
12 | a fitness
hearing, or proceedings on an application for | ||||||
13 | probation.
| ||||||
14 | (5) Adult and Juvenile Prisoner Review Boards.
| ||||||
15 | (6) Authorized military personnel.
| ||||||
16 | (7) Victims, their subrogees and legal | ||||||
17 | representatives; however, such
persons shall have access | ||||||
18 | only to the name and address of the minor and
information | ||||||
19 | pertaining to the disposition or alternative adjustment | ||||||
20 | plan
of the juvenile court.
| ||||||
21 | (8) Persons engaged in bona fide research, with the | ||||||
22 | permission of the
presiding judge of the juvenile court and | ||||||
23 | the chief executive of the agency
that prepared the | ||||||
24 | particular records; provided that publication of such
| ||||||
25 | research results in no disclosure of a minor's identity and | ||||||
26 | protects the
confidentiality of the record.
|
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| |||||||
1 | (9) The Secretary of State to whom the Clerk of the | ||||||
2 | Court shall report
the disposition of all cases, as | ||||||
3 | required in Section 6-204 of the Illinois
Vehicle Code. | ||||||
4 | However, information reported relative to these offenses | ||||||
5 | shall
be privileged and available only to the Secretary of | ||||||
6 | State, courts, and police
officers.
| ||||||
7 | (10) The administrator of a bonafide substance abuse | ||||||
8 | student
assistance program with the permission of the | ||||||
9 | presiding judge of the
juvenile court.
| ||||||
10 | (11) Mental health professionals on behalf of the | ||||||
11 | Illinois Department of
Corrections or the Department of | ||||||
12 | Human Services or prosecutors who are
evaluating, | ||||||
13 | prosecuting, or investigating a potential or actual | ||||||
14 | petition
brought
under the Sexually Violent Persons | ||||||
15 | Commitment Act relating to a person who is the
subject of
| ||||||
16 | juvenile court records or the respondent to a petition | ||||||
17 | brought under
the
Sexually Violent Persons Commitment Act, | ||||||
18 | who is the subject of juvenile
court records
sought. Any | ||||||
19 | records and any information obtained from those records | ||||||
20 | under this
paragraph (11) may be used only in sexually | ||||||
21 | violent persons commitment
proceedings.
| ||||||
22 | (A-1) Findings and exclusions of paternity entered in | ||||||
23 | proceedings occurring under Article II of this Act shall be | ||||||
24 | disclosed, in a manner and form approved by the Presiding Judge | ||||||
25 | of the Juvenile Court, to the Department of Healthcare and | ||||||
26 | Family Services when necessary to discharge the duties of the |
| |||||||
| |||||||
1 | Department of Healthcare and Family Services under Article X of | ||||||
2 | the Illinois Public Aid Code. | ||||||
3 | (B) A minor who is the victim in a juvenile proceeding | ||||||
4 | shall be
provided the same confidentiality regarding | ||||||
5 | disclosure of identity as the
minor who is the subject of | ||||||
6 | record.
| ||||||
7 | (C) Except as otherwise provided in this subsection (C), | ||||||
8 | juvenile court
records shall not be made available to the | ||||||
9 | general public
but may be inspected by representatives of | ||||||
10 | agencies, associations and news
media or other properly | ||||||
11 | interested persons by general or special order of
the court | ||||||
12 | presiding over matters pursuant to this Act. | ||||||
13 | (0.1) In cases where the records concern a pending | ||||||
14 | juvenile court case, the party seeking to inspect the | ||||||
15 | juvenile court records shall provide actual notice to the | ||||||
16 | attorney or guardian ad litem of the minor whose records | ||||||
17 | are sought. | ||||||
18 | (0.2) In cases where the records concern a juvenile | ||||||
19 | court case that is no longer pending, the party seeking to | ||||||
20 | inspect the juvenile court records shall provide actual | ||||||
21 | notice to the minor or the minor's parent or legal | ||||||
22 | guardian, and the matter shall be referred to the chief | ||||||
23 | judge presiding over matters pursuant to this Act. | ||||||
24 | (0.3) In determining whether the records should be | ||||||
25 | available for inspection, the court shall consider the | ||||||
26 | minor's interest in confidentiality and rehabilitation |
| |||||||
| |||||||
1 | over the moving party's interest in obtaining the | ||||||
2 | information. The State's Attorney, the minor, and the | ||||||
3 | minor's parents, guardian, and counsel shall at all times | ||||||
4 | have the right to examine court files and records. For | ||||||
5 | purposes of obtaining documents pursuant to this Section, a | ||||||
6 | civil subpoena is not an order of the court. | ||||||
7 | (0.4) Any records obtained in violation of this | ||||||
8 | subsection (C) shall not be admissible in any criminal or | ||||||
9 | civil proceeding, or operate to disqualify a minor from | ||||||
10 | subsequently holding public office, or operate as a | ||||||
11 | forfeiture of any public benefit, right, privilege, or | ||||||
12 | right to receive any license granted by public authority.
| ||||||
13 | (1) The
court shall allow the general public to have | ||||||
14 | access to the name, address, and offense of a minor
who is | ||||||
15 | adjudicated a delinquent minor under this Act under either | ||||||
16 | of the
following circumstances:
| ||||||
17 | (A) The
adjudication of
delinquency was based upon | ||||||
18 | the
minor's
commission of first degree murder, attempt | ||||||
19 | to commit first degree
murder, aggravated criminal | ||||||
20 | sexual assault, or criminal sexual assault; or
| ||||||
21 | (B) The court has made a finding that the minor was | ||||||
22 | at least 13 years of
age
at the time the act was | ||||||
23 | committed and the adjudication of delinquency was | ||||||
24 | based
upon the minor's commission of: (i)
an act in | ||||||
25 | furtherance of the commission of a felony as a member | ||||||
26 | of or on
behalf of a criminal street
gang, (ii) an act |
| |||||||
| |||||||
1 | involving the use of a firearm in the commission of a
| ||||||
2 | felony, (iii) an act that would be a Class X felony | ||||||
3 | offense
under or
the minor's second or subsequent
Class | ||||||
4 | 2 or greater felony offense under the Cannabis Control | ||||||
5 | Act if committed by an adult,
(iv) an act that would be | ||||||
6 | a second or subsequent offense under Section 402 of
the | ||||||
7 | Illinois Controlled Substances Act if committed by an | ||||||
8 | adult, (v) an act
that would be an offense under | ||||||
9 | Section 401 of the Illinois Controlled
Substances Act | ||||||
10 | if committed by an adult, (vi) an act that would be a | ||||||
11 | second or subsequent offense under Section 60 of the | ||||||
12 | Methamphetamine Control and Community Protection Act, | ||||||
13 | or (vii) an act that would be an offense under another | ||||||
14 | Section of the Methamphetamine Control and Community | ||||||
15 | Protection Act.
| ||||||
16 | (2) The court
shall allow the general public to have | ||||||
17 | access to the name, address, and offense of a minor who is | ||||||
18 | at least 13 years of age at
the time the offense
is | ||||||
19 | committed and who is convicted, in criminal proceedings
| ||||||
20 | permitted or required under Section 5-4, under either of | ||||||
21 | the following
circumstances:
| ||||||
22 | (A) The minor has been convicted of first degree | ||||||
23 | murder, attempt
to commit first degree
murder, | ||||||
24 | aggravated criminal sexual
assault, or criminal sexual | ||||||
25 | assault,
| ||||||
26 | (B) The court has made a finding that the minor was |
| |||||||
| |||||||
1 | at least 13 years
of age
at the time the offense was | ||||||
2 | committed and the conviction was based upon the
minor's | ||||||
3 | commission of: (i)
an offense in
furtherance of the | ||||||
4 | commission of a felony as a member of or on behalf of a
| ||||||
5 | criminal street gang, (ii) an offense
involving the use | ||||||
6 | of a firearm in the commission of a felony, (iii)
a | ||||||
7 | Class X felony offense under or a second or subsequent | ||||||
8 | Class 2 or
greater felony offense under the Cannabis | ||||||
9 | Control Act, (iv) a
second or subsequent offense under | ||||||
10 | Section 402 of the Illinois
Controlled Substances Act, | ||||||
11 | (v) an offense under Section 401 of the Illinois
| ||||||
12 | Controlled Substances Act, (vi) an act that would be a | ||||||
13 | second or subsequent offense under Section 60 of the | ||||||
14 | Methamphetamine Control and Community Protection Act, | ||||||
15 | or (vii) an act that would be an offense under another | ||||||
16 | Section of the Methamphetamine Control and Community | ||||||
17 | Protection Act.
| ||||||
18 | (D) Pending or following any adjudication of delinquency | ||||||
19 | for
any offense defined
in Sections 11-1.20 through 11-1.60 or | ||||||
20 | 12-13 through 12-16 of the Criminal Code of 1961 or the | ||||||
21 | Criminal Code of 2012,
the victim of any such offense shall | ||||||
22 | receive the
rights set out in Sections 4 and 6 of the Bill of
| ||||||
23 | Rights for Victims and Witnesses of Violent Crime Act; and the
| ||||||
24 | juvenile who is the subject of the adjudication, | ||||||
25 | notwithstanding any other
provision of this Act, shall be | ||||||
26 | treated
as an adult for the purpose of affording such rights to |
| |||||||
| |||||||
1 | the victim.
| ||||||
2 | (E) Nothing in this Section shall affect the right of a | ||||||
3 | Civil Service
Commission or appointing authority of any state, | ||||||
4 | county or municipality
examining the character and fitness of
| ||||||
5 | an applicant for employment with a law enforcement
agency, | ||||||
6 | correctional institution, or fire department to
ascertain
| ||||||
7 | whether that applicant was ever adjudicated to be a delinquent | ||||||
8 | minor and,
if so, to examine the records of disposition or | ||||||
9 | evidence which were made in
proceedings under this Act.
| ||||||
10 | (F) Following any adjudication of delinquency for a crime | ||||||
11 | which would be
a felony if committed by an adult, or following | ||||||
12 | any adjudication of delinquency
for a violation of Section | ||||||
13 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
14 | Criminal Code of 2012, the State's Attorney shall ascertain
| ||||||
15 | whether the minor respondent is enrolled in school and, if so, | ||||||
16 | shall provide
a copy of the dispositional order to the | ||||||
17 | principal or chief administrative
officer of the school. Access | ||||||
18 | to such juvenile records shall be limited
to the principal or | ||||||
19 | chief administrative officer of the school and any guidance
| ||||||
20 | counselor designated by him.
| ||||||
21 | (G) Nothing contained in this Act prevents the sharing or
| ||||||
22 | disclosure of information or records relating or pertaining to | ||||||
23 | juveniles
subject to the provisions of the Serious Habitual | ||||||
24 | Offender Comprehensive
Action Program when that information is | ||||||
25 | used to assist in the early
identification and treatment of | ||||||
26 | habitual juvenile offenders.
|
| |||||||
| |||||||
1 | (H) When a Court hearing a proceeding under Article II of | ||||||
2 | this Act becomes
aware that an earlier proceeding under Article | ||||||
3 | II had been heard in a different
county, that Court shall | ||||||
4 | request, and the Court in which the earlier
proceedings were | ||||||
5 | initiated shall transmit, an authenticated copy of the Court
| ||||||
6 | record, including all documents, petitions, and orders filed | ||||||
7 | therein and the
minute orders, transcript of proceedings, and | ||||||
8 | docket entries of the Court.
| ||||||
9 | (I) The Clerk of the Circuit Court shall report to the | ||||||
10 | Department of
State
Police, in the form and manner required by | ||||||
11 | the Department of State Police, the
final disposition of each | ||||||
12 | minor who has been arrested or taken into custody
before his or | ||||||
13 | her 18th 17th birthday for those offenses required to be | ||||||
14 | reported
under Section 5 of the Criminal Identification Act. | ||||||
15 | Information reported to
the Department under this Section may | ||||||
16 | be maintained with records that the
Department files under | ||||||
17 | Section 2.1 of the Criminal Identification Act.
| ||||||
18 | The changes made to this Section by this amendatory Act of | ||||||
19 | the 98th General Assembly apply to law enforcement records of a | ||||||
20 | minor who has been arrested or taken into custody on or after | ||||||
21 | the effective date of this amendatory Act. | ||||||
22 | (Source: P.A. 96-212, eff. 8-10-09; 96-1551, eff. 7-1-11; | ||||||
23 | 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13.)
| ||||||
24 | (705 ILCS 405/1-9) (from Ch. 37, par. 801-9)
| ||||||
25 | Sec. 1-9. Expungement of law enforcement and juvenile court |
| |||||||
| |||||||
1 | records.
| ||||||
2 | (1) Expungement of law enforcement and juvenile court | ||||||
3 | delinquency records
shall be governed by Section 5-915.
| ||||||
4 | (2) This subsection (2) applies to expungement of law | ||||||
5 | enforcement and
juvenile court records other than delinquency | ||||||
6 | proceedings. Whenever any
person has attained the age of 18 17 | ||||||
7 | or whenever all juvenile court
proceedings
relating to that | ||||||
8 | person have been terminated, whichever is later, the person
may | ||||||
9 | petition the court to expunge law enforcement records relating | ||||||
10 | to incidents
occurring before his 18th 17th birthday or his | ||||||
11 | juvenile court records, or both, if
the minor was placed under | ||||||
12 | supervision pursuant to Sections
2-20, 3-21, or 4-18, and such | ||||||
13 | order of supervision has since been successfully
terminated.
| ||||||
14 | (3) The chief judge of the circuit in which an arrest was | ||||||
15 | made or a charge
was brought or any judge of that circuit | ||||||
16 | designated by the chief judge may,
upon verified petition of a | ||||||
17 | person who is the subject of an arrest or a
juvenile court | ||||||
18 | proceeding pursuant to subsection (2) of
this Section, order | ||||||
19 | the law enforcement records or juvenile court records,
or both, | ||||||
20 | to be expunged from the official records of the arresting | ||||||
21 | authority
and the clerk of the circuit court. Notice of the | ||||||
22 | petition shall be served
upon the State's Attorney and upon the | ||||||
23 | arresting authority which is the
subject of the petition for | ||||||
24 | expungement.
| ||||||
25 | (4) The changes made to this Section by this amendatory Act | ||||||
26 | of the 98th General Assembly apply to law enforcement and |
| |||||||
| |||||||
1 | juvenile court records of a minor who has been arrested or | ||||||
2 | taken into custody on or after the effective date of this | ||||||
3 | amendatory Act. | ||||||
4 | (Source: P.A. 90-590, eff. 1-1-99.)
| ||||||
5 | (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
| ||||||
6 | Sec. 2-10. Temporary custody hearing. At the appearance of | ||||||
7 | the
minor before the court at the temporary custody hearing, | ||||||
8 | all
witnesses present shall be examined before the court in | ||||||
9 | relation to any
matter connected with the allegations made in | ||||||
10 | the petition.
| ||||||
11 | (1) If the court finds that there is not probable cause to | ||||||
12 | believe
that the minor is abused, neglected or dependent it | ||||||
13 | shall release
the minor and dismiss the petition.
| ||||||
14 | (2) If the court finds that there is probable cause to | ||||||
15 | believe that
the minor is abused, neglected or dependent, the | ||||||
16 | court shall state in writing
the factual basis supporting its | ||||||
17 | finding and the minor, his or her parent,
guardian, custodian | ||||||
18 | and other persons able to give relevant testimony
shall be | ||||||
19 | examined before the court. The Department of Children and
| ||||||
20 | Family Services shall give testimony concerning indicated | ||||||
21 | reports of abuse
and neglect, of which they are aware of | ||||||
22 | through the central registry,
involving the minor's parent, | ||||||
23 | guardian or custodian. After such
testimony, the court may, | ||||||
24 | consistent with
the health,
safety and best interests of the | ||||||
25 | minor,
enter an order that the minor shall be released
upon the |
| |||||||
| |||||||
1 | request of parent, guardian or custodian if the parent, | ||||||
2 | guardian
or custodian appears to take custody. If it is | ||||||
3 | determined that a parent's, guardian's, or custodian's | ||||||
4 | compliance with critical services mitigates the necessity for | ||||||
5 | removal of the minor from his or her home, the court may enter | ||||||
6 | an Order of Protection setting forth reasonable conditions of | ||||||
7 | behavior that a parent, guardian, or custodian must observe for | ||||||
8 | a specified period of time, not to exceed 12 months, without a | ||||||
9 | violation; provided, however, that the 12-month period shall | ||||||
10 | begin anew after any violation. Custodian shall include any | ||||||
11 | agency of
the State which has been given custody or wardship of | ||||||
12 | the child. If it is
consistent with the health, safety and best | ||||||
13 | interests of the
minor, the
court may also prescribe shelter | ||||||
14 | care and
order that the minor be kept in a suitable place | ||||||
15 | designated by the court or in
a shelter care facility | ||||||
16 | designated by the Department of Children and Family
Services or | ||||||
17 | a licensed child welfare
agency; however, a minor charged with | ||||||
18 | a
criminal offense under the Criminal Code of 1961 or the | ||||||
19 | Criminal Code of 2012 or adjudicated delinquent
shall not be | ||||||
20 | placed in the custody of or committed to the Department of
| ||||||
21 | Children and Family Services by any court, except a minor less | ||||||
22 | than 15
years of age and committed to the Department of | ||||||
23 | Children and Family Services
under Section 5-710 of this Act or | ||||||
24 | a minor for whom an independent
basis of
abuse, neglect, or | ||||||
25 | dependency exists.
An independent basis exists when the | ||||||
26 | allegations or adjudication of abuse, neglect, or dependency do |
| |||||||
| |||||||
1 | not arise from the same facts, incident, or circumstances which | ||||||
2 | give rise to a charge or adjudication of delinquency.
| ||||||
3 | In placing the minor, the Department or other
agency shall, | ||||||
4 | to the extent
compatible with the court's order, comply with | ||||||
5 | Section 7 of the Children and
Family Services Act.
In | ||||||
6 | determining
the health, safety and best interests of the minor | ||||||
7 | to prescribe shelter
care, the court must
find that it is a | ||||||
8 | matter of immediate and urgent necessity for the safety
and | ||||||
9 | protection
of the minor or of the person or property of another | ||||||
10 | that the minor be placed
in a shelter care facility or that he | ||||||
11 | or she is likely to flee the jurisdiction
of the court, and | ||||||
12 | must further find that reasonable efforts have been made or
| ||||||
13 | that, consistent with the health, safety and best interests of
| ||||||
14 | the minor, no efforts reasonably can be made to
prevent or | ||||||
15 | eliminate the necessity of removal of the minor from his or her
| ||||||
16 | home. The court shall require documentation from the Department | ||||||
17 | of Children and
Family Services as to the reasonable efforts | ||||||
18 | that were made to prevent or
eliminate the necessity of removal | ||||||
19 | of the minor from his or her home or the
reasons why no efforts | ||||||
20 | reasonably could be made to prevent or eliminate the
necessity | ||||||
21 | of removal. When a minor is placed in the home of a relative, | ||||||
22 | the
Department of Children and Family Services shall complete a | ||||||
23 | preliminary
background review of the members of the minor's | ||||||
24 | custodian's household in
accordance with Section 4.3 of the | ||||||
25 | Child Care Act of 1969 within 90 days of
that placement. If the | ||||||
26 | minor is ordered placed in a shelter care facility of
the |
| |||||||
| |||||||
1 | Department of Children and
Family Services or a licensed child | ||||||
2 | welfare agency, the court shall, upon
request of the | ||||||
3 | appropriate Department or other agency, appoint the
Department | ||||||
4 | of Children and Family Services Guardianship Administrator or
| ||||||
5 | other appropriate agency executive temporary custodian of the | ||||||
6 | minor and the
court may enter such other orders related to the | ||||||
7 | temporary custody as it
deems fit and proper, including the | ||||||
8 | provision of services to the minor or
his family to ameliorate | ||||||
9 | the causes contributing to the finding of probable
cause or to | ||||||
10 | the finding of the existence of immediate and urgent necessity.
| ||||||
11 | Where the Department of Children and Family Services | ||||||
12 | Guardianship Administrator is appointed as the executive | ||||||
13 | temporary custodian, the Department of Children and Family | ||||||
14 | Services shall file with the court and serve on the parties a | ||||||
15 | parent-child visiting plan, within 10 days, excluding weekends | ||||||
16 | and holidays, after the appointment. The parent-child visiting | ||||||
17 | plan shall set out the time and place of visits, the frequency | ||||||
18 | of visits, the length of visits, who shall be present at the | ||||||
19 | visits, and where appropriate, the minor's opportunities to | ||||||
20 | have telephone and mail communication with the parents. | ||||||
21 | Where the Department of Children and Family Services | ||||||
22 | Guardianship Administrator is
appointed as the executive | ||||||
23 | temporary custodian, and when the child has siblings in care,
| ||||||
24 | the Department of Children and Family Services shall file with | ||||||
25 | the court and serve on the
parties a sibling placement and | ||||||
26 | contact plan within 10 days, excluding weekends and
holidays, |
| |||||||
| |||||||
1 | after the appointment. The sibling placement and contact plan | ||||||
2 | shall set forth
whether the siblings are placed together, and | ||||||
3 | if they are not placed together, what, if any,
efforts are | ||||||
4 | being made to place them together. If the Department has | ||||||
5 | determined that it is
not in a child's best interest to be | ||||||
6 | placed with a sibling, the Department shall document in
the | ||||||
7 | sibling placement and contact plan the basis for its | ||||||
8 | determination. For siblings placed
separately, the sibling | ||||||
9 | placement and contact plan shall set the time and place for | ||||||
10 | visits,
the frequency of the visits, the length of visits, who | ||||||
11 | shall be present for the visits, and
where appropriate, the | ||||||
12 | child's opportunities to have contact with their siblings in | ||||||
13 | addition to
in person contact. If the Department determines it | ||||||
14 | is not in the best interest of a sibling to
have contact with a | ||||||
15 | sibling, the Department shall document in the sibling placement | ||||||
16 | and
contact plan the basis for its determination. The sibling | ||||||
17 | placement and contact plan shall
specify a date for development | ||||||
18 | of the Sibling Contact Support Plan, under subsection (f) of | ||||||
19 | Section 7.4 of the Children and Family Services Act, and shall | ||||||
20 | remain in effect until the Sibling Contact Support Plan is | ||||||
21 | developed. | ||||||
22 | For good cause, the court may waive the requirement to | ||||||
23 | file the parent-child visiting plan or the sibling placement | ||||||
24 | and contact plan, or extend the time for filing either plan. | ||||||
25 | Any party may, by motion, request the court to review the | ||||||
26 | parent-child visiting plan to determine whether it is |
| |||||||
| |||||||
1 | reasonably calculated to expeditiously facilitate the | ||||||
2 | achievement of the permanency goal. A party may, by motion, | ||||||
3 | request the court to review the parent-child visiting plan or | ||||||
4 | the sibling placement and contact plan to determine whether it | ||||||
5 | is consistent with the minor's best interest. The court may | ||||||
6 | refer the parties to mediation where available. The frequency, | ||||||
7 | duration, and locations of visitation shall be measured by the | ||||||
8 | needs of the child and family, and not by the convenience of | ||||||
9 | Department personnel. Child development principles shall be | ||||||
10 | considered by the court in its analysis of how frequent | ||||||
11 | visitation should be, how long it should last, where it should | ||||||
12 | take place, and who should be present. If upon motion of the | ||||||
13 | party to review either plan and after receiving evidence, the | ||||||
14 | court determines that the parent-child visiting plan is not | ||||||
15 | reasonably calculated to expeditiously facilitate the | ||||||
16 | achievement of the permanency goal or that the restrictions | ||||||
17 | placed on parent-child contact or sibling placement or contact | ||||||
18 | are contrary to the child's best interests, the court shall put | ||||||
19 | in writing the factual basis supporting the determination and | ||||||
20 | enter specific findings based on the evidence. The court shall | ||||||
21 | enter an order for the Department to implement changes to the | ||||||
22 | parent-child visiting plan or sibling placement or contact | ||||||
23 | plan, consistent with the court's findings. At any stage of | ||||||
24 | proceeding, any party may by motion request the court to enter | ||||||
25 | any orders necessary to implement the parent-child visiting | ||||||
26 | plan, sibling placement or contact plan or subsequently |
| |||||||
| |||||||
1 | developed Sibling Contact Support Plan. Nothing under this | ||||||
2 | subsection (2) shall restrict the court from granting | ||||||
3 | discretionary authority to the Department to increase | ||||||
4 | opportunities for additional parent-child contacts or sibling | ||||||
5 | contacts, without further court orders. Nothing in this | ||||||
6 | subsection (2) shall restrict the Department from immediately | ||||||
7 | restricting or terminating parent-child contact or sibling | ||||||
8 | contacts, without either amending the parent-child visiting | ||||||
9 | plan or the sibling contact plan or obtaining a court order, | ||||||
10 | where the Department or its assigns reasonably believe that | ||||||
11 | continuation of the contact, as set out in the plan, would be | ||||||
12 | contrary to the child's health, safety, and welfare. The | ||||||
13 | Department shall file with the court and serve on the parties | ||||||
14 | any amendments to the plan within 10 days, excluding weekends | ||||||
15 | and holidays, of the change of the visitation.
| ||||||
16 | Acceptance of services shall not be considered an admission | ||||||
17 | of any
allegation in a petition made pursuant to this Act, nor | ||||||
18 | may a referral of
services be considered as evidence in any | ||||||
19 | proceeding pursuant to this Act,
except where the issue is | ||||||
20 | whether the Department has made reasonable
efforts to reunite | ||||||
21 | the family. In making its findings that it is
consistent with | ||||||
22 | the health, safety and best
interests of the minor to prescribe | ||||||
23 | shelter care, the court shall state in
writing (i) the factual | ||||||
24 | basis supporting its findings concerning the
immediate and | ||||||
25 | urgent necessity for the protection of the minor or of the | ||||||
26 | person
or property of another and (ii) the factual basis |
| |||||||
| |||||||
1 | supporting its findings that
reasonable efforts were made to | ||||||
2 | prevent or eliminate the removal of the minor
from his or her | ||||||
3 | home or that no efforts reasonably could be made to prevent or
| ||||||
4 | eliminate the removal of the minor from his or her home. The
| ||||||
5 | parents, guardian, custodian, temporary custodian and minor | ||||||
6 | shall each be
furnished a copy of such written findings. The | ||||||
7 | temporary custodian shall
maintain a copy of the court order | ||||||
8 | and written findings in the case record
for the child. The | ||||||
9 | order together with the court's findings of fact in
support | ||||||
10 | thereof shall be entered of record in the court.
| ||||||
11 | Once the court finds that it is a matter of immediate and | ||||||
12 | urgent necessity
for the protection of the minor that the minor | ||||||
13 | be placed in a shelter care
facility, the minor shall not be | ||||||
14 | returned to the parent, custodian or guardian
until the court | ||||||
15 | finds that such placement is no longer necessary for the
| ||||||
16 | protection of the minor.
| ||||||
17 | If the child is placed in the temporary custody of the | ||||||
18 | Department of
Children
and Family
Services for his or her | ||||||
19 | protection, the court shall admonish the parents,
guardian,
| ||||||
20 | custodian or responsible relative that the parents must | ||||||
21 | cooperate with the
Department of Children and Family Services, | ||||||
22 | comply
with the terms of the service plans, and correct the | ||||||
23 | conditions which require
the child to be in care, or risk | ||||||
24 | termination of their parental
rights.
| ||||||
25 | (3) If prior to the shelter care hearing for a minor | ||||||
26 | described in Sections
2-3, 2-4, 3-3 and 4-3 the moving party is |
| |||||||
| |||||||
1 | unable to serve notice on the
party respondent, the shelter | ||||||
2 | care hearing may proceed ex-parte. A shelter
care order from an | ||||||
3 | ex-parte hearing shall be endorsed with the date and
hour of | ||||||
4 | issuance and shall be filed with the clerk's office and entered | ||||||
5 | of
record. The order shall expire after 10 days from the time | ||||||
6 | it is issued
unless before its expiration it is renewed, at a | ||||||
7 | hearing upon appearance
of the party respondent, or upon an | ||||||
8 | affidavit of the moving party as to all
diligent efforts to | ||||||
9 | notify the party respondent by notice as herein
prescribed. The | ||||||
10 | notice prescribed shall be in writing and shall be
personally | ||||||
11 | delivered to the minor or the minor's attorney and to the last
| ||||||
12 | known address of the other person or persons entitled to | ||||||
13 | notice. The
notice shall also state the nature of the | ||||||
14 | allegations, the nature of the
order sought by the State, | ||||||
15 | including whether temporary custody is sought,
and the | ||||||
16 | consequences of failure to appear and shall contain a notice
| ||||||
17 | that the parties will not be entitled to further written | ||||||
18 | notices or publication
notices of proceedings in this case, | ||||||
19 | including the filing of an amended
petition or a motion to | ||||||
20 | terminate parental rights, except as required by
Supreme Court | ||||||
21 | Rule 11; and shall explain the
right of
the parties and the | ||||||
22 | procedures to vacate or modify a shelter care order as
provided | ||||||
23 | in this Section. The notice for a shelter care hearing shall be
| ||||||
24 | substantially as follows:
| ||||||
25 | NOTICE TO PARENTS AND CHILDREN
| ||||||
26 | OF SHELTER CARE HEARING
|
| |||||||
| |||||||
1 | On ................ at ........., before the Honorable | ||||||
2 | ................,
(address:) ................., the State | ||||||
3 | of Illinois will present evidence
(1) that (name of child | ||||||
4 | or children) ....................... are abused,
neglected | ||||||
5 | or dependent for the following reasons:
| ||||||
6 | ..............................................
and (2) | ||||||
7 | whether there is "immediate and urgent necessity" to remove | ||||||
8 | the child
or children from the responsible relative.
| ||||||
9 | YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN | ||||||
10 | PLACEMENT of the
child or children in foster care until a | ||||||
11 | trial can be held. A trial may
not be held for up to 90 | ||||||
12 | days. You will not be entitled to further notices
of | ||||||
13 | proceedings in this case, including the filing of an | ||||||
14 | amended petition or a
motion to terminate parental rights.
| ||||||
15 | At the shelter care hearing, parents have the following | ||||||
16 | rights:
| ||||||
17 | 1. To ask the court to appoint a lawyer if they | ||||||
18 | cannot afford one.
| ||||||
19 | 2. To ask the court to continue the hearing to | ||||||
20 | allow them time to
prepare.
| ||||||
21 | 3. To present evidence concerning:
| ||||||
22 | a. Whether or not the child or children were | ||||||
23 | abused, neglected
or dependent.
| ||||||
24 | b. Whether or not there is "immediate and | ||||||
25 | urgent necessity" to remove
the child from home | ||||||
26 | (including: their ability to care for the child,
|
| |||||||
| |||||||
1 | conditions in the home, alternative means of | ||||||
2 | protecting the child other
than removal).
| ||||||
3 | c. The best interests of the child.
| ||||||
4 | 4. To cross examine the State's witnesses.
| ||||||
5 | The Notice for rehearings shall be substantially as | ||||||
6 | follows:
| ||||||
7 | NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
| ||||||
8 | TO REHEARING ON TEMPORARY CUSTODY
| ||||||
9 | If you were not present at and did not have adequate | ||||||
10 | notice of the
Shelter Care Hearing at which temporary | ||||||
11 | custody of ............... was
awarded to | ||||||
12 | ................, you have the right to request a full | ||||||
13 | rehearing
on whether the State should have temporary | ||||||
14 | custody of ................. To
request this rehearing, | ||||||
15 | you must file with the Clerk of the Juvenile Court
| ||||||
16 | (address): ........................, in person or by | ||||||
17 | mailing a statement
(affidavit) setting forth the | ||||||
18 | following:
| ||||||
19 | 1. That you were not present at the shelter care | ||||||
20 | hearing.
| ||||||
21 | 2. That you did not get adequate notice (explaining | ||||||
22 | how the notice
was inadequate).
| ||||||
23 | 3. Your signature.
| ||||||
24 | 4. Signature must be notarized.
| ||||||
25 | The rehearing should be scheduled within 48 hours of |
| |||||||
| |||||||
1 | your filing this
affidavit.
| ||||||
2 | At the rehearing, your rights are the same as at the | ||||||
3 | initial shelter care
hearing. The enclosed notice explains | ||||||
4 | those rights.
| ||||||
5 | At the Shelter Care Hearing, children have the | ||||||
6 | following rights:
| ||||||
7 | 1. To have a guardian ad litem appointed.
| ||||||
8 | 2. To be declared competent as a witness and to | ||||||
9 | present testimony
concerning:
| ||||||
10 | a. Whether they are abused, neglected or | ||||||
11 | dependent.
| ||||||
12 | b. Whether there is "immediate and urgent | ||||||
13 | necessity" to be
removed from home.
| ||||||
14 | c. Their best interests.
| ||||||
15 | 3. To cross examine witnesses for other parties.
| ||||||
16 | 4. To obtain an explanation of any proceedings and | ||||||
17 | orders of the
court.
| ||||||
18 | (4) If the parent, guardian, legal custodian, responsible | ||||||
19 | relative,
minor age 8 or over, or counsel of the minor did not | ||||||
20 | have actual notice of
or was not present at the shelter care | ||||||
21 | hearing, he or she may file an
affidavit setting forth these | ||||||
22 | facts, and the clerk shall set the matter for
rehearing not | ||||||
23 | later than 48 hours, excluding Sundays and legal holidays,
| ||||||
24 | after the filing of the affidavit. At the rehearing, the court | ||||||
25 | shall
proceed in the same manner as upon the original hearing.
| ||||||
26 | (5) Only when there is reasonable cause to believe that the |
| |||||||
| |||||||
1 | minor
taken into custody is a person described in subsection | ||||||
2 | (3) of Section
5-105 may the minor be
kept or detained in a | ||||||
3 | detention home or county or municipal jail. This
Section shall | ||||||
4 | in no way be construed to limit subsection (6).
| ||||||
5 | (6) No minor under 16 years of age may be confined in a | ||||||
6 | jail or place
ordinarily used for the confinement of prisoners | ||||||
7 | in a police station. Minors
under 18 17 years of age must be | ||||||
8 | kept separate from confined adults and may
not at any time be | ||||||
9 | kept in the same cell, room, or yard with adults confined
| ||||||
10 | pursuant to the criminal law.
| ||||||
11 | (7) If the minor is not brought before a judicial officer | ||||||
12 | within the
time period as specified in Section 2-9, the minor | ||||||
13 | must immediately be
released from custody.
| ||||||
14 | (8) If neither the parent, guardian or custodian appears | ||||||
15 | within 24
hours to take custody of a minor released upon | ||||||
16 | request pursuant to
subsection (2) of this Section, then the | ||||||
17 | clerk of the court shall set the
matter for rehearing not later | ||||||
18 | than 7 days after the original order and
shall issue a summons | ||||||
19 | directed to the parent, guardian or custodian to
appear. At the | ||||||
20 | same time the probation department shall prepare a report
on | ||||||
21 | the minor. If a parent, guardian or custodian does not appear | ||||||
22 | at such
rehearing, the judge may enter an order prescribing | ||||||
23 | that the minor be kept
in a suitable place designated by the | ||||||
24 | Department of Children and Family
Services or a licensed child | ||||||
25 | welfare agency.
| ||||||
26 | (9) Notwithstanding any other provision of this
Section any |
| |||||||
| |||||||
1 | interested party, including the State, the temporary
| ||||||
2 | custodian, an agency providing services to the minor or family | ||||||
3 | under a
service plan pursuant to Section 8.2 of the Abused and | ||||||
4 | Neglected Child
Reporting Act, foster parent, or any of their | ||||||
5 | representatives, on notice
to all parties entitled to notice, | ||||||
6 | may file a motion that it is in the best
interests of the minor | ||||||
7 | to modify or vacate a
temporary custody order on any of the | ||||||
8 | following grounds:
| ||||||
9 | (a) It is no longer a matter of immediate and urgent | ||||||
10 | necessity that the
minor remain in shelter care; or
| ||||||
11 | (b) There is a material change in the circumstances of | ||||||
12 | the natural
family from which the minor was removed and the | ||||||
13 | child can be cared for at
home without endangering the | ||||||
14 | child's health or safety; or
| ||||||
15 | (c) A person not a party to the alleged abuse, neglect | ||||||
16 | or dependency,
including a parent, relative or legal | ||||||
17 | guardian, is capable of assuming
temporary custody of the | ||||||
18 | minor; or
| ||||||
19 | (d) Services provided by the Department of Children and | ||||||
20 | Family Services
or a child welfare agency or other service | ||||||
21 | provider have been successful in
eliminating the need for | ||||||
22 | temporary custody and the child can be cared for at
home | ||||||
23 | without endangering the child's health or safety.
| ||||||
24 | In ruling on the motion, the court shall determine whether | ||||||
25 | it is consistent
with the health, safety and best interests of | ||||||
26 | the minor to modify
or vacate a temporary custody order.
|
| |||||||
| |||||||
1 | The clerk shall set the matter for hearing not later than | ||||||
2 | 14 days after
such motion is filed. In the event that the court | ||||||
3 | modifies or vacates a
temporary custody order but does not | ||||||
4 | vacate its finding of probable cause,
the court may order that | ||||||
5 | appropriate services be continued or initiated in
behalf of the | ||||||
6 | minor and his or her family.
| ||||||
7 | (10) When the court finds or has found that there is | ||||||
8 | probable cause to
believe a minor is an abused minor as | ||||||
9 | described in subsection (2) of Section
2-3
and that there is an | ||||||
10 | immediate and urgent necessity for the abused minor to be
| ||||||
11 | placed in shelter care, immediate and urgent necessity shall be | ||||||
12 | presumed for
any other minor residing in the same household as | ||||||
13 | the abused minor provided:
| ||||||
14 | (a) Such other minor is the subject of an abuse or | ||||||
15 | neglect petition
pending before the court; and
| ||||||
16 | (b) A party to the petition is seeking shelter care for | ||||||
17 | such other minor.
| ||||||
18 | Once the presumption of immediate and urgent necessity has | ||||||
19 | been raised, the
burden of demonstrating the lack of immediate | ||||||
20 | and urgent necessity shall be on
any party that is opposing | ||||||
21 | shelter care for the other minor.
| ||||||
22 | The changes made to this Section by this amendatory Act of
| ||||||
23 | the 98th General Assembly apply to a minor who has been
| ||||||
24 | arrested or taken into custody on or after the effective date
| ||||||
25 | of this amendatory Act. | ||||||
26 | (Source: P.A. 97-1076, eff. 8-24-12; 97-1150, eff. 1-25-13.)
|
| |||||||
| |||||||
1 | (705 ILCS 405/3-12) (from Ch. 37, par. 803-12)
| ||||||
2 | Sec. 3-12. Shelter care hearing. At the appearance of the
| ||||||
3 | minor before the court at the shelter care hearing, all
| ||||||
4 | witnesses present shall be examined before the court in | ||||||
5 | relation to any
matter connected with the allegations made in | ||||||
6 | the petition.
| ||||||
7 | (1) If the court finds that there is not probable cause to | ||||||
8 | believe
that the minor is a person requiring authoritative | ||||||
9 | intervention, it shall
release the minor and dismiss the | ||||||
10 | petition.
| ||||||
11 | (2) If the court finds that there is probable cause to | ||||||
12 | believe that the
minor is a person requiring authoritative | ||||||
13 | intervention, the minor, his or
her parent, guardian, custodian | ||||||
14 | and other persons able to give relevant
testimony shall be | ||||||
15 | examined before the court. After such testimony, the
court may | ||||||
16 | enter an order that the minor shall be released upon the | ||||||
17 | request
of a parent, guardian or custodian if the parent, | ||||||
18 | guardian or custodian
appears to take custody. Custodian shall | ||||||
19 | include any agency of the State
which has been given custody or | ||||||
20 | wardship of the child. The Court shall require
documentation by | ||||||
21 | representatives of the Department of Children and Family
| ||||||
22 | Services or the probation department as to the reasonable | ||||||
23 | efforts that were
made to prevent or eliminate the necessity of | ||||||
24 | removal of the minor from his
or her home, and shall consider | ||||||
25 | the testimony of any person as to those
reasonable efforts. If |
| |||||||
| |||||||
1 | the court finds that it is a
matter of immediate and urgent | ||||||
2 | necessity for the protection of the minor
or of the person or | ||||||
3 | property of another that the minor be
placed in a shelter care | ||||||
4 | facility, or that he or she is likely to flee the
jurisdiction | ||||||
5 | of the court, and further finds that reasonable efforts have
| ||||||
6 | been made or good cause has been shown why reasonable efforts | ||||||
7 | cannot
prevent or eliminate the necessity of removal of the | ||||||
8 | minor from his or her
home, the court may prescribe shelter | ||||||
9 | care and order that the minor be kept
in a suitable place | ||||||
10 | designated by the court or in a shelter care facility
| ||||||
11 | designated by the Department of Children and Family Services or | ||||||
12 | a licensed
child welfare agency; otherwise it shall release the | ||||||
13 | minor from custody.
If the court prescribes shelter care, then | ||||||
14 | in placing the minor, the
Department or other agency shall, to | ||||||
15 | the extent
compatible with the court's order, comply with | ||||||
16 | Section 7 of the Children and
Family Services Act. If
the minor | ||||||
17 | is ordered placed in a shelter care facility of the Department | ||||||
18 | of
Children and Family Services or a licensed child welfare | ||||||
19 | agency, the court
shall, upon request of the Department or | ||||||
20 | other agency, appoint the
Department of Children and Family | ||||||
21 | Services Guardianship Administrator or
other appropriate | ||||||
22 | agency executive temporary custodian of the minor and the
court | ||||||
23 | may enter such other orders related to the temporary custody as | ||||||
24 | it
deems fit and proper, including the provision of services to | ||||||
25 | the minor or
his family to ameliorate the causes contributing | ||||||
26 | to the finding of probable
cause or to the finding of the |
| |||||||
| |||||||
1 | existence of immediate and urgent necessity.
Acceptance of | ||||||
2 | services shall not be considered an admission of any
allegation | ||||||
3 | in a petition made pursuant to this Act, nor may a referral of
| ||||||
4 | services be considered as evidence in any proceeding pursuant | ||||||
5 | to this Act,
except where the issue is whether the Department | ||||||
6 | has made reasonable
efforts to reunite the family. In making | ||||||
7 | its findings that reasonable
efforts have been made or that | ||||||
8 | good cause has been shown why reasonable
efforts cannot prevent | ||||||
9 | or eliminate the necessity of removal of the minor
from his or | ||||||
10 | her home, the court shall state in writing its findings
| ||||||
11 | concerning the nature of the services that were offered or the | ||||||
12 | efforts that
were made to prevent removal of the child and the | ||||||
13 | apparent reasons that such
services or efforts could not | ||||||
14 | prevent the need for removal. The parents,
guardian, custodian, | ||||||
15 | temporary custodian and minor shall each be furnished
a copy of | ||||||
16 | such written findings. The temporary custodian shall maintain a
| ||||||
17 | copy of the court order and written findings in the case record | ||||||
18 | for the
child.
| ||||||
19 | The order together with the court's findings of fact and | ||||||
20 | support thereof
shall be entered of record in the court.
| ||||||
21 | Once the court finds that it is a matter of immediate and | ||||||
22 | urgent necessity
for the protection of the minor that the minor | ||||||
23 | be placed in a shelter care
facility, the minor shall not be | ||||||
24 | returned to the parent, custodian or guardian
until the court | ||||||
25 | finds that such placement is no longer necessary for the
| ||||||
26 | protection of the minor.
|
| |||||||
| |||||||
1 | (3) If prior to the shelter care hearing for a minor | ||||||
2 | described in
Sections 2-3, 2-4, 3-3 and 4-3 the petitioner is | ||||||
3 | unable to serve notice on the
party respondent, the shelter | ||||||
4 | care hearing may proceed ex-parte. A shelter
care order from an | ||||||
5 | ex-parte hearing shall be endorsed with the date and
hour of | ||||||
6 | issuance and shall be filed with the clerk's office and entered | ||||||
7 | of
record. The order shall expire after 10 days from the time | ||||||
8 | it is issued
unless before its expiration it is renewed, at a | ||||||
9 | hearing upon appearance
of the party respondent, or upon an | ||||||
10 | affidavit of the moving party as to all
diligent efforts to | ||||||
11 | notify the party respondent by notice as herein
prescribed. The | ||||||
12 | notice prescribed shall be in writing and shall be
personally | ||||||
13 | delivered to the minor or the minor's attorney and to the last
| ||||||
14 | known address of the other person or persons entitled to | ||||||
15 | notice. The
notice shall also state the nature of the | ||||||
16 | allegations, the nature of the
order sought by the State, | ||||||
17 | including whether temporary custody is sought,
and the | ||||||
18 | consequences of failure to appear; and shall explain the right | ||||||
19 | of
the parties and the procedures to vacate or modify a shelter | ||||||
20 | care order as
provided in this Section. The notice for a | ||||||
21 | shelter care hearing shall be
substantially as follows:
| ||||||
22 | NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING
| ||||||
23 | On ................ at ........., before the Honorable
| ||||||
24 | ................, (address:) ................., the State of | ||||||
25 | Illinois will
present evidence (1) that (name of child or | ||||||
26 | children)
....................... are abused, neglected or |
| |||||||
| |||||||
1 | dependent for the following reasons:
| ||||||
2 | .............................................................
| ||||||
3 | and (2) that there is "immediate and urgent necessity" to | ||||||
4 | remove the child
or children from the responsible relative.
| ||||||
5 | YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN | ||||||
6 | PLACEMENT of the
child or children in foster care until a trial | ||||||
7 | can be held. A trial may
not be held for up to 90 days.
| ||||||
8 | At the shelter care hearing, parents have the following | ||||||
9 | rights:
| ||||||
10 | 1. To ask the court to appoint a lawyer if they cannot | ||||||
11 | afford one.
| ||||||
12 | 2. To ask the court to continue the hearing to allow | ||||||
13 | them time to prepare.
| ||||||
14 | 3. To present evidence concerning:
| ||||||
15 | a. Whether or not the child or children were | ||||||
16 | abused, neglected or dependent.
| ||||||
17 | b. Whether or not there is "immediate and urgent | ||||||
18 | necessity" to remove
the child from home (including: | ||||||
19 | their ability to care for the child,
conditions in the | ||||||
20 | home, alternative means of protecting the child
other | ||||||
21 | than removal).
| ||||||
22 | c. The best interests of the child.
| ||||||
23 | 4. To cross examine the State's witnesses.
| ||||||
24 | The Notice for rehearings shall be substantially as | ||||||
25 | follows:
| ||||||
26 | NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
|
| |||||||
| |||||||
1 | TO REHEARING ON TEMPORARY CUSTODY
| ||||||
2 | If you were not present at and did not have adequate notice | ||||||
3 | of the
Shelter Care Hearing at which temporary custody of | ||||||
4 | ............... was
awarded to ................, you have the | ||||||
5 | right to request a full rehearing
on whether the State should | ||||||
6 | have temporary custody of ................. To
request this | ||||||
7 | rehearing, you must file with the Clerk of the Juvenile Court
| ||||||
8 | (address): ........................, in person or by mailing a | ||||||
9 | statement
(affidavit) setting forth the following:
| ||||||
10 | 1. That you were not present at the shelter care | ||||||
11 | hearing.
| ||||||
12 | 2. That you did not get adequate notice (explaining how | ||||||
13 | the notice
was inadequate).
| ||||||
14 | 3. Your signature.
| ||||||
15 | 4. Signature must be notarized.
| ||||||
16 | The rehearing should be scheduled within one day of your | ||||||
17 | filing this
affidavit.
| ||||||
18 | At the rehearing, your rights are the same as at the | ||||||
19 | initial shelter care
hearing. The enclosed notice explains | ||||||
20 | those rights.
| ||||||
21 | At the Shelter Care Hearing, children have the following | ||||||
22 | rights:
| ||||||
23 | 1. To have a guardian ad litem appointed.
| ||||||
24 | 2. To be declared competent as a witness and to present | ||||||
25 | testimony
concerning:
| ||||||
26 | a. Whether they are abused, neglected or |
| |||||||
| |||||||
1 | dependent.
| ||||||
2 | b. Whether there is "immediate and urgent | ||||||
3 | necessity" to be
removed from home.
| ||||||
4 | c. Their best interests.
| ||||||
5 | 3. To cross examine witnesses for other parties.
| ||||||
6 | 4. To obtain an explanation of any proceedings and | ||||||
7 | orders of the court.
| ||||||
8 | (4) If the parent, guardian, legal custodian, responsible | ||||||
9 | relative, or
counsel of the minor did not have actual notice of | ||||||
10 | or was not present at
the shelter care hearing, he or she may | ||||||
11 | file an affidavit setting forth
these facts, and the clerk | ||||||
12 | shall set the matter for rehearing not later
than 48 hours, | ||||||
13 | excluding Sundays and legal holidays, after the filing of
the | ||||||
14 | affidavit. At the rehearing, the court shall proceed in the | ||||||
15 | same manner
as upon the original hearing.
| ||||||
16 | (5) Only when there is reasonable cause to believe that the | ||||||
17 | minor taken
into custody is a person described in subsection | ||||||
18 | (3) of Section 5-105 may the minor
be kept or
detained in a | ||||||
19 | detention home or county or municipal jail. This Section
shall | ||||||
20 | in no way be construed to limit subsection (6).
| ||||||
21 | (6) No minor under 16 years of age may be confined in a | ||||||
22 | jail or place
ordinarily used for the confinement of prisoners | ||||||
23 | in a police station. Minors
under 18 17 years of age must be | ||||||
24 | kept separate from confined adults and may
not at any time be | ||||||
25 | kept in the same cell, room, or yard with adults confined
| ||||||
26 | pursuant to the criminal law.
|
| |||||||
| |||||||
1 | (7) If the minor is not brought before a judicial officer | ||||||
2 | within the
time period specified in Section 3-11, the minor | ||||||
3 | must immediately be
released from custody.
| ||||||
4 | (8) If neither the parent, guardian or custodian appears | ||||||
5 | within 24
hours to take custody of a minor released upon | ||||||
6 | request pursuant to
subsection (2) of this Section, then the | ||||||
7 | clerk of the court shall set the
matter for rehearing not later | ||||||
8 | than 7 days after the original order and
shall issue a summons | ||||||
9 | directed to the parent, guardian or custodian to
appear. At the | ||||||
10 | same time the probation department shall prepare a report
on | ||||||
11 | the minor. If a parent, guardian or custodian does not appear | ||||||
12 | at such
rehearing, the judge may enter an order prescribing | ||||||
13 | that the minor be kept
in a suitable place designated by the | ||||||
14 | Department of Children and Family
Services or a licensed child | ||||||
15 | welfare agency.
| ||||||
16 | (9) Notwithstanding any other provision of this Section, | ||||||
17 | any interested
party, including the State, the temporary | ||||||
18 | custodian, an agency providing
services to the minor or family | ||||||
19 | under a service plan pursuant to Section
8.2 of the Abused and | ||||||
20 | Neglected Child Reporting Act, foster parent, or any
of their | ||||||
21 | representatives, on notice to all parties entitled to notice, | ||||||
22 | may
file a motion to modify or vacate a temporary custody order | ||||||
23 | on any of the
following grounds:
| ||||||
24 | (a) It is no longer a matter of immediate and urgent | ||||||
25 | necessity that the
minor remain in shelter care; or
| ||||||
26 | (b) There is a material change in the circumstances of |
| |||||||
| |||||||
1 | the natural
family from which the minor was removed; or
| ||||||
2 | (c) A person, including a parent, relative or legal | ||||||
3 | guardian, is
capable of assuming temporary custody of the | ||||||
4 | minor; or
| ||||||
5 | (d) Services provided by the Department of Children and | ||||||
6 | Family Services
or a child welfare agency or other service | ||||||
7 | provider have been successful in
eliminating the need for | ||||||
8 | temporary custody.
| ||||||
9 | The clerk shall set the matter for hearing not later than | ||||||
10 | 14 days after
such motion is filed. In the event that the court | ||||||
11 | modifies or vacates a
temporary custody order but does not | ||||||
12 | vacate its finding of probable cause,
the court may order that | ||||||
13 | appropriate services be continued or initiated in
behalf of the | ||||||
14 | minor and his or her family.
| ||||||
15 | The changes made to this Section by this amendatory Act of
| ||||||
16 | the 98th General Assembly apply to a minor who has been
| ||||||
17 | arrested or taken into custody on or after the effective date
| ||||||
18 | of this amendatory Act. | ||||||
19 | (Source: P.A. 90-590, eff. 1-1-99.)
| ||||||
20 | (705 ILCS 405/4-9) (from Ch. 37, par. 804-9)
| ||||||
21 | Sec. 4-9. Shelter care hearing. At the appearance of the
| ||||||
22 | minor before the court at the shelter care hearing, all
| ||||||
23 | witnesses present shall be examined before the court in | ||||||
24 | relation to any
matter connected with the allegations made in | ||||||
25 | the petition.
|
| |||||||
| |||||||
1 | (1) If the court finds that there is not probable cause to | ||||||
2 | believe that
the minor is addicted, it shall release the minor | ||||||
3 | and dismiss the petition.
| ||||||
4 | (2) If the court finds that there is probable cause to | ||||||
5 | believe that the
minor is addicted, the minor, his or
her | ||||||
6 | parent, guardian, custodian and other persons able to give | ||||||
7 | relevant
testimony shall be examined before the court. After | ||||||
8 | such testimony, the
court may enter an order that the minor | ||||||
9 | shall be released
upon the request of a parent, guardian or | ||||||
10 | custodian if the parent, guardian
or custodian appears to take | ||||||
11 | custody
and agrees to abide by a court order
which requires the | ||||||
12 | minor and his or her parent, guardian, or legal custodian
to
| ||||||
13 | complete an evaluation by an entity licensed by the Department | ||||||
14 | of Human
Services, as the successor to
the Department of | ||||||
15 | Alcoholism and Substance Abuse, and complete
any treatment | ||||||
16 | recommendations indicated by the assessment. Custodian shall
| ||||||
17 | include any agency
of the State which has been given custody or | ||||||
18 | wardship of the child.
| ||||||
19 | The Court shall require
documentation by representatives | ||||||
20 | of the Department of Children and Family
Services or the | ||||||
21 | probation department as to the reasonable efforts that were
| ||||||
22 | made to prevent or eliminate the necessity of removal of the | ||||||
23 | minor from his
or her home, and shall consider the testimony of | ||||||
24 | any person as to those
reasonable efforts. If the court finds | ||||||
25 | that it is a
matter of immediate and urgent necessity for the | ||||||
26 | protection of the minor
or of the person or property of another |
| |||||||
| |||||||
1 | that the minor be or
placed in a shelter care facility or that | ||||||
2 | he or she is likely to flee the
jurisdiction of the court, and | ||||||
3 | further, finds that reasonable efforts
have been made or good | ||||||
4 | cause has been shown why reasonable efforts cannot
prevent or | ||||||
5 | eliminate the necessity of removal of the minor from his or her
| ||||||
6 | home, the court may prescribe shelter care
and order that the | ||||||
7 | minor be kept in a suitable place designated by the
court or in | ||||||
8 | a shelter care facility designated by the Department of
| ||||||
9 | Children and Family Services or a licensed child welfare | ||||||
10 | agency, or
in a facility or program licensed by the Department | ||||||
11 | of Human
Services for shelter and treatment services;
otherwise | ||||||
12 | it shall release the minor from custody. If the court | ||||||
13 | prescribes
shelter care, then in placing the minor, the | ||||||
14 | Department or other agency shall,
to the extent compatible with | ||||||
15 | the court's order, comply with Section 7 of the
Children and | ||||||
16 | Family Services Act. If the minor is ordered placed in a | ||||||
17 | shelter
care facility of the Department of Children and Family | ||||||
18 | Services or a licensed
child welfare agency, or in
a facility | ||||||
19 | or program licensed by the Department of Human
Services for
| ||||||
20 | shelter and treatment
services, the court shall, upon request | ||||||
21 | of the appropriate
Department or other agency, appoint the | ||||||
22 | Department of Children and Family
Services Guardianship | ||||||
23 | Administrator or other appropriate agency executive
temporary | ||||||
24 | custodian of the minor and the court may enter such other | ||||||
25 | orders
related to the temporary custody as it deems fit and | ||||||
26 | proper, including
the provision of services to the minor or his |
| |||||||
| |||||||
1 | family to ameliorate the
causes contributing to the finding of | ||||||
2 | probable cause or to the finding of
the existence of immediate | ||||||
3 | and urgent necessity. Acceptance of services
shall not be | ||||||
4 | considered an admission of any allegation in a petition made
| ||||||
5 | pursuant to this Act, nor may a referral of services be | ||||||
6 | considered as
evidence in any proceeding pursuant to this Act, | ||||||
7 | except where the issue is
whether the Department has made | ||||||
8 | reasonable efforts to reunite the family.
In making its | ||||||
9 | findings that reasonable efforts have been made or that good
| ||||||
10 | cause has been shown why reasonable efforts cannot prevent or | ||||||
11 | eliminate the
necessity of removal of the minor from his or her | ||||||
12 | home, the court shall
state in writing its findings concerning | ||||||
13 | the nature of the services that
were offered or the efforts | ||||||
14 | that were made to prevent removal of the child
and the apparent | ||||||
15 | reasons that such
services or efforts could not prevent the | ||||||
16 | need for removal. The parents,
guardian, custodian, temporary | ||||||
17 | custodian and minor shall each be furnished
a copy of such | ||||||
18 | written findings. The temporary custodian shall maintain a
copy | ||||||
19 | of the court order and written findings in the case record for | ||||||
20 | the
child. The order together with the court's findings of fact | ||||||
21 | in support
thereof shall be entered of record in the court.
| ||||||
22 | Once the court finds that it is a matter of immediate and | ||||||
23 | urgent necessity
for the protection of the minor that the minor | ||||||
24 | be placed in a shelter care
facility, the minor shall not be | ||||||
25 | returned to the parent, custodian or guardian
until the court | ||||||
26 | finds that such placement is no longer necessary for the
|
| |||||||
| |||||||
1 | protection of the minor.
| ||||||
2 | (3) If neither the parent, guardian, legal custodian, | ||||||
3 | responsible
relative nor counsel of the minor has had actual | ||||||
4 | notice of or is present
at the shelter care hearing, he or she | ||||||
5 | may file his or her
affidavit setting forth these facts, and | ||||||
6 | the clerk shall set the matter for
rehearing not later than 24 | ||||||
7 | hours, excluding Sundays and legal holidays,
after the filing | ||||||
8 | of the affidavit. At the rehearing, the court shall
proceed in | ||||||
9 | the same manner as upon the original hearing.
| ||||||
10 | (4) If the minor is not brought before a judicial officer | ||||||
11 | within the
time period as specified in Section 4-8, the minor | ||||||
12 | must immediately be
released from custody.
| ||||||
13 | (5) Only when there is reasonable cause to believe that the | ||||||
14 | minor taken
into custody is a person described in subsection | ||||||
15 | (3) of Section 5-105 may the minor be kept or
detained in a | ||||||
16 | detention home or county or municipal jail. This Section
shall | ||||||
17 | in no way be construed to limit subsection (6).
| ||||||
18 | (6) No minor under 16 years of age may be confined in a | ||||||
19 | jail or place
ordinarily used for the confinement of prisoners | ||||||
20 | in a police station.
Minors under 18 17 years of age must be | ||||||
21 | kept separate from confined adults and
may not at any time be | ||||||
22 | kept in the same cell, room or yard with adults
confined | ||||||
23 | pursuant to the criminal law.
| ||||||
24 | (7) If neither the parent, guardian or custodian appears | ||||||
25 | within 24
hours to take custody of a minor released upon | ||||||
26 | request pursuant to
subsection (2) of this Section, then the |
| |||||||
| |||||||
1 | clerk of the court shall set the
matter for rehearing not later | ||||||
2 | than 7 days after the original order and
shall issue a summons | ||||||
3 | directed to the parent, guardian or custodian to
appear. At the | ||||||
4 | same time the probation department shall prepare a report
on | ||||||
5 | the minor. If a parent, guardian or custodian does not appear | ||||||
6 | at such
rehearing, the judge may enter an order prescribing | ||||||
7 | that the minor be kept
in a suitable place designated by the | ||||||
8 | Department of Children and Family
Services or a licensed child | ||||||
9 | welfare agency.
| ||||||
10 | (8) Any interested party, including the State, the | ||||||
11 | temporary
custodian, an agency providing services to the minor | ||||||
12 | or family under a
service plan pursuant to Section 8.2 of the | ||||||
13 | Abused and Neglected Child
Reporting Act, foster parent, or any | ||||||
14 | of their representatives, may file a
motion to modify or vacate | ||||||
15 | a temporary custody order on any of the following
grounds:
| ||||||
16 | (a) It is no longer a matter of immediate and urgent | ||||||
17 | necessity that the
minor remain in shelter care; or
| ||||||
18 | (b) There is a material change in the circumstances of | ||||||
19 | the natural
family from which the minor was removed; or
| ||||||
20 | (c) A person, including a parent, relative or legal | ||||||
21 | guardian, is capable
of assuming temporary custody of the | ||||||
22 | minor; or
| ||||||
23 | (d) Services provided by the Department of Children and | ||||||
24 | Family Services
or a child welfare agency or other service | ||||||
25 | provider have been successful in
eliminating the need for | ||||||
26 | temporary custody.
|
| |||||||
| |||||||
1 | The clerk shall set the matter for hearing not later than | ||||||
2 | 14 days after
such motion is filed. In the event that the court | ||||||
3 | modifies or vacates a
temporary custody order but does not | ||||||
4 | vacate its finding of probable cause,
the court may order that | ||||||
5 | appropriate services be continued or initiated in
behalf of the | ||||||
6 | minor and his or her family.
| ||||||
7 | The changes made to this Section by this amendatory Act of
| ||||||
8 | the 98th General Assembly apply to a minor who has been
| ||||||
9 | arrested or taken into custody on or after the effective date
| ||||||
10 | of this amendatory Act. | ||||||
11 | (Source: P.A. 89-422; 89-507, eff. 7-1-97; 90-590, eff. | ||||||
12 | 1-1-99.)
| ||||||
13 | (705 ILCS 405/5-105)
| ||||||
14 | Sec. 5-105. Definitions. As used in this Article:
| ||||||
15 | (1) "Court" means the circuit court in a session or | ||||||
16 | division
assigned to hear proceedings under this Act, and | ||||||
17 | includes the term Juvenile
Court.
| ||||||
18 | (2) "Community service" means uncompensated labor for a | ||||||
19 | community service
agency as hereinafter defined.
| ||||||
20 | (2.5) "Community service agency" means a not-for-profit | ||||||
21 | organization,
community
organization, church, charitable | ||||||
22 | organization, individual, public office,
or other public body | ||||||
23 | whose purpose is to enhance
the physical or mental health of a | ||||||
24 | delinquent minor or to rehabilitate the
minor, or to improve | ||||||
25 | the environmental quality or social welfare of the
community |
| |||||||
| |||||||
1 | which agrees to accept community service from juvenile | ||||||
2 | delinquents
and to report on the progress of the community | ||||||
3 | service to the State's
Attorney pursuant to an agreement or to | ||||||
4 | the court or to any agency designated
by the court or to the | ||||||
5 | authorized diversion program that has referred the
delinquent | ||||||
6 | minor for community service.
| ||||||
7 | (3) "Delinquent minor" means any minor who prior to his or | ||||||
8 | her 17th birthday
has
violated or attempted to violate, | ||||||
9 | regardless of where the act occurred, any
federal or State law, | ||||||
10 | county or municipal ordinance, and any minor who prior to his | ||||||
11 | or her 18th birthday has violated or attempted to violate, | ||||||
12 | regardless of where the act occurred, any federal, State, | ||||||
13 | county or municipal law or ordinance classified as a | ||||||
14 | misdemeanor offense .
| ||||||
15 | (4) "Department" means the Department of Human Services | ||||||
16 | unless specifically
referenced as another department.
| ||||||
17 | (5) "Detention" means the temporary care of a minor who is | ||||||
18 | alleged to be or
has been adjudicated
delinquent and who | ||||||
19 | requires secure custody for the minor's own
protection or the | ||||||
20 | community's protection in a facility designed to physically
| ||||||
21 | restrict the minor's movements, pending disposition by the | ||||||
22 | court or
execution of an order of the court for placement or | ||||||
23 | commitment. Design
features that physically restrict movement | ||||||
24 | include, but are not limited to,
locked rooms and the secure | ||||||
25 | handcuffing of a minor to a rail or other
stationary object. In | ||||||
26 | addition, "detention" includes the court ordered
care of an |
| |||||||
| |||||||
1 | alleged or adjudicated delinquent minor who requires secure
| ||||||
2 | custody pursuant to Section 5-125 of this Act.
| ||||||
3 | (6) "Diversion" means the referral of a juvenile, without | ||||||
4 | court
intervention,
into a program that provides services | ||||||
5 | designed to educate the juvenile and
develop a productive and | ||||||
6 | responsible approach to living in the community.
| ||||||
7 | (7) "Juvenile detention home" means a public facility with | ||||||
8 | specially trained
staff that conforms to the county juvenile | ||||||
9 | detention standards promulgated by
the Department of | ||||||
10 | Corrections.
| ||||||
11 | (8) "Juvenile justice continuum" means a set of delinquency | ||||||
12 | prevention
programs and services designed for the purpose of | ||||||
13 | preventing or reducing
delinquent acts, including criminal | ||||||
14 | activity by youth gangs, as well as
intervention, | ||||||
15 | rehabilitation, and prevention services targeted at minors who
| ||||||
16 | have committed delinquent acts,
and minors who have previously | ||||||
17 | been committed to residential treatment programs
for | ||||||
18 | delinquents. The term includes children-in-need-of-services | ||||||
19 | and
families-in-need-of-services programs; aftercare and | ||||||
20 | reentry services;
substance abuse and mental health programs;
| ||||||
21 | community service programs; community service
work programs; | ||||||
22 | and alternative-dispute resolution programs serving
| ||||||
23 | youth-at-risk of delinquency and their families, whether | ||||||
24 | offered or delivered
by State or
local governmental entities, | ||||||
25 | public or private for-profit or not-for-profit
organizations, | ||||||
26 | or religious or charitable organizations. This term would also
|
| |||||||
| |||||||
1 | encompass any program or service consistent with the purpose of | ||||||
2 | those programs
and services enumerated in this subsection.
| ||||||
3 | (9) "Juvenile police officer" means a sworn police officer | ||||||
4 | who has completed
a Basic Recruit Training Course, has been | ||||||
5 | assigned to the position of juvenile
police officer by his or | ||||||
6 | her chief law enforcement officer and has completed
the | ||||||
7 | necessary juvenile officers training as prescribed by the | ||||||
8 | Illinois Law
Enforcement Training Standards Board, or in the | ||||||
9 | case of a State police officer,
juvenile officer training | ||||||
10 | approved by the Director of State
Police.
| ||||||
11 | (10) "Minor" means a person under the age of 21 years | ||||||
12 | subject to this Act.
| ||||||
13 | (11) "Non-secure custody" means confinement where the | ||||||
14 | minor is not
physically
restricted by being placed in a locked | ||||||
15 | cell or room, by being handcuffed to a
rail or other stationary | ||||||
16 | object, or by other means. Non-secure custody may
include, but | ||||||
17 | is not limited to, electronic monitoring, foster home | ||||||
18 | placement,
home confinement, group home placement, or physical | ||||||
19 | restriction of movement or
activity solely through facility | ||||||
20 | staff.
| ||||||
21 | (12) "Public or community service" means uncompensated | ||||||
22 | labor for a
not-for-profit organization
or public body whose | ||||||
23 | purpose is to enhance physical or mental stability of the
| ||||||
24 | offender, environmental quality or the social welfare and which | ||||||
25 | agrees to
accept public or community service from offenders and | ||||||
26 | to report on the progress
of the offender and the public or |
| |||||||
| |||||||
1 | community service to the court or to the
authorized diversion | ||||||
2 | program that has referred the offender for public or
community
| ||||||
3 | service.
| ||||||
4 | (13) "Sentencing hearing" means a hearing to determine | ||||||
5 | whether a minor
should
be adjudged a ward of the court, and to | ||||||
6 | determine what sentence should be
imposed on the minor. It is | ||||||
7 | the intent of the General Assembly that the term
"sentencing | ||||||
8 | hearing" replace the term "dispositional hearing" and be | ||||||
9 | synonymous
with that definition as it was used in the Juvenile | ||||||
10 | Court Act of 1987.
| ||||||
11 | (14) "Shelter" means the temporary care of a minor in | ||||||
12 | physically
unrestricting facilities pending court disposition | ||||||
13 | or execution of court order
for placement.
| ||||||
14 | (15) "Site" means a not-for-profit organization, public
| ||||||
15 | body, church, charitable organization, or individual agreeing | ||||||
16 | to
accept
community service from offenders and to report on the | ||||||
17 | progress of ordered or
required public or community service to | ||||||
18 | the court or to the authorized
diversion program that has | ||||||
19 | referred the offender for public or community
service.
| ||||||
20 | (16) "Station adjustment" means the informal or formal | ||||||
21 | handling of an
alleged
offender by a juvenile police officer.
| ||||||
22 | (17) "Trial" means a hearing to determine whether the | ||||||
23 | allegations of a
petition under Section 5-520 that a minor is | ||||||
24 | delinquent are proved beyond a
reasonable doubt. It is the | ||||||
25 | intent of the General Assembly that the term
"trial" replace | ||||||
26 | the term "adjudicatory hearing" and be synonymous with that
|
| |||||||
| |||||||
1 | definition as it was used in the Juvenile Court Act of 1987.
| ||||||
2 | The changes made to this Section by this amendatory Act of | ||||||
3 | the 98th General Assembly apply to violations or attempted | ||||||
4 | violations committed on or after the effective date of this | ||||||
5 | amendatory Act. | ||||||
6 | (Source: P.A. 95-1031, eff. 1-1-10 .)
| ||||||
7 | (705 ILCS 405/5-120)
| ||||||
8 | Sec. 5-120. Exclusive jurisdiction. Proceedings may be | ||||||
9 | instituted under the provisions of this Article concerning
any | ||||||
10 | minor who prior to the minor's 17th birthday has violated or | ||||||
11 | attempted
to violate, regardless of where the act occurred, any | ||||||
12 | federal or State law or
municipal or county ordinance, and any | ||||||
13 | minor who prior to his or her 18th birthday has violated or | ||||||
14 | attempted to violate, regardless of where the act occurred, any | ||||||
15 | federal, State, county or municipal law or ordinance classified | ||||||
16 | as a misdemeanor offense. If before trial or plea, an | ||||||
17 | information or indictment is filed that includes one or more | ||||||
18 | charges under the criminal laws of this State and additional | ||||||
19 | charges that are classified as misdemeanors that are subject to | ||||||
20 | proceedings under this Act, all of the charges arising out of | ||||||
21 | the same incident shall be prosecuted under the criminal laws | ||||||
22 | of this State. If after trial or plea the court finds that the | ||||||
23 | minor committed an offense that is solely classified as a | ||||||
24 | misdemeanor, the court must proceed under Section 5-705 and | ||||||
25 | 5-710 of this Act . Except as provided in Sections 5-125, 5-130,
|
| |||||||
| |||||||
1 | 5-805, and 5-810 of this Article, no minor who was under 18 17 | ||||||
2 | years of age at the
time of the alleged offense may be | ||||||
3 | prosecuted under the criminal laws of this
State.
| ||||||
4 | The changes made to this Section by this amendatory Act of | ||||||
5 | the 98th General Assembly apply to violations or attempted | ||||||
6 | violations committed on or after the effective date of this | ||||||
7 | amendatory Act. | ||||||
8 | (Source: P.A. 95-1031, eff. 1-1-10 .)
| ||||||
9 | (705 ILCS 405/5-130)
| ||||||
10 | Sec. 5-130. Excluded jurisdiction.
| ||||||
11 | (1) (a) The definition of delinquent minor under Section | ||||||
12 | 5-120 of this
Article shall not apply to any minor who at the | ||||||
13 | time of an offense was at
least 15 years of age and who is | ||||||
14 | charged with: (i) first degree murder, (ii) aggravated
criminal | ||||||
15 | sexual assault, (iii) aggravated battery with a firearm as | ||||||
16 | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | ||||||
17 | (e)(3), or (e)(4) of Section 12-3.05
where the minor personally | ||||||
18 | discharged a firearm as defined in Section 2-15.5 of the | ||||||
19 | Criminal Code of 1961 or the Criminal Code of 2012, (iv) armed | ||||||
20 | robbery when the
armed robbery was committed with a firearm, or | ||||||
21 | (v)
aggravated vehicular hijacking
when the hijacking was | ||||||
22 | committed with a firearm.
| ||||||
23 | These charges and all other charges arising out of the same | ||||||
24 | incident shall
be prosecuted under the criminal laws of this | ||||||
25 | State.
|
| |||||||
| |||||||
1 | (b) (i) If before trial or plea an information or | ||||||
2 | indictment is filed that
does not charge an offense specified | ||||||
3 | in paragraph (a) of this subsection
(1) the State's Attorney | ||||||
4 | may proceed on any lesser charge or charges, but
only in | ||||||
5 | Juvenile Court under the provisions of this Article. The | ||||||
6 | State's
Attorney may proceed on a lesser charge if
before trial | ||||||
7 | the minor defendant knowingly and with advice of counsel | ||||||
8 | waives,
in writing, his or her right to have the matter proceed | ||||||
9 | in Juvenile Court.
| ||||||
10 | (ii) If before trial or plea an information or indictment | ||||||
11 | is filed that
includes one or more charges specified in | ||||||
12 | paragraph (a) of this subsection
(1) and
additional charges | ||||||
13 | that are not specified in that paragraph, all of the charges
| ||||||
14 | arising out of the same incident shall be prosecuted under the | ||||||
15 | Criminal Code of
1961 or the Criminal Code of 2012.
| ||||||
16 | (c) (i) If after trial or plea the minor is convicted of | ||||||
17 | any offense
covered by paragraph (a) of this subsection (1), | ||||||
18 | then, in sentencing the minor,
the court shall have available | ||||||
19 | any or all dispositions prescribed for that
offense under | ||||||
20 | Chapter V of the Unified Code of Corrections.
| ||||||
21 | (ii) If after trial or plea the court finds that the minor | ||||||
22 | committed an
offense not covered by paragraph (a) of this | ||||||
23 | subsection (1), that finding shall
not invalidate the verdict | ||||||
24 | or the prosecution of the minor under the criminal
laws of the | ||||||
25 | State; however, unless the State requests a hearing for the
| ||||||
26 | purpose of sentencing the minor under Chapter V of the Unified |
| |||||||
| |||||||
1 | Code of
Corrections, the Court must proceed under Sections | ||||||
2 | 5-705 and 5-710 of this
Article. To request a hearing, the | ||||||
3 | State must file a written motion within 10
days following the | ||||||
4 | entry of a finding or the return of a verdict. Reasonable
| ||||||
5 | notice of the motion shall be given to the minor or his or her | ||||||
6 | counsel.
If the motion is made by the State, the court shall | ||||||
7 | conduct a hearing to
determine if the minor should be sentenced | ||||||
8 | under Chapter V of the Unified Code
of Corrections. In making | ||||||
9 | its determination, the court shall consider among
other | ||||||
10 | matters: (a) whether there is
evidence that the offense was | ||||||
11 | committed in an aggressive and premeditated
manner; (b) the age | ||||||
12 | of the minor; (c) the previous history of the
minor; (d) | ||||||
13 | whether there are facilities particularly available to the | ||||||
14 | Juvenile
Court or the Department of Juvenile Justice for the | ||||||
15 | treatment
and rehabilitation of the minor; (e) whether
the | ||||||
16 | security of the public requires sentencing under Chapter V of | ||||||
17 | the
Unified Code of Corrections; and (f) whether the minor | ||||||
18 | possessed a deadly
weapon when committing the offense. The | ||||||
19 | rules of evidence shall be the same as
if at trial. If after | ||||||
20 | the hearing the court finds that the minor should be
sentenced | ||||||
21 | under Chapter V of the Unified Code of Corrections, then the | ||||||
22 | court
shall sentence the minor accordingly having available to | ||||||
23 | it any or all
dispositions so prescribed.
| ||||||
24 | (2) (Blank).
| ||||||
25 | (3) (a) The definition of delinquent minor under Section
| ||||||
26 | 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 a violation of the provisions of
paragraph (1), | ||||||
3 | (3), (4), or (10) of subsection (a) of Section 24-1 of the
| ||||||
4 | Criminal Code of 1961 or the Criminal Code of 2012 while in | ||||||
5 | school, regardless of the time of day or the
time of year, or | ||||||
6 | on the real property comprising any school, regardless of the
| ||||||
7 | time of day or the time of year. School is defined, for | ||||||
8 | purposes of this
Section as any public or private elementary or | ||||||
9 | secondary school, community
college, college, or university. | ||||||
10 | These charges and all other charges arising
out of the same | ||||||
11 | incident shall be prosecuted under the criminal laws of this
| ||||||
12 | State.
| ||||||
13 | (b) (i) If before trial or plea an information or | ||||||
14 | indictment is filed that
does not charge an offense specified | ||||||
15 | in paragraph (a) of this subsection (3)
the State's Attorney | ||||||
16 | may proceed on any lesser charge or charges, but only in
| ||||||
17 | Juvenile Court under the provisions of this Article. The | ||||||
18 | State's Attorney may
proceed under the criminal laws of this | ||||||
19 | State on a lesser charge if before
trial the minor defendant | ||||||
20 | knowingly and with advice of counsel waives, in
writing, his or | ||||||
21 | her right to have the matter proceed in Juvenile Court.
| ||||||
22 | (ii) If before trial or plea an information or indictment | ||||||
23 | is filed that
includes one or more charges specified in | ||||||
24 | paragraph (a) of this subsection (3)
and additional charges | ||||||
25 | that are not specified in that paragraph, all of the
charges | ||||||
26 | arising out of the same incident shall be prosecuted under the |
| |||||||
| |||||||
1 | criminal
laws of this State.
| ||||||
2 | (c) (i) If after trial or plea the minor is convicted of | ||||||
3 | any offense
covered by paragraph (a) of this subsection (3), | ||||||
4 | then, in sentencing the minor,
the court shall have available | ||||||
5 | any or all dispositions prescribed for that
offense under | ||||||
6 | Chapter V of the Unified Code of Corrections.
| ||||||
7 | (ii) If after trial or plea the court finds that the minor | ||||||
8 | committed an
offense not covered by paragraph (a) of this | ||||||
9 | subsection (3), that finding shall
not invalidate the verdict | ||||||
10 | or the prosecution of the minor under the criminal
laws of the | ||||||
11 | State; however, unless the State requests a hearing for the
| ||||||
12 | purpose of sentencing the minor under Chapter V of the Unified | ||||||
13 | Code of
Corrections, the Court must proceed under Sections | ||||||
14 | 5-705 and 5-710 of this
Article. To request a hearing, the | ||||||
15 | State must file a written motion within 10
days following the | ||||||
16 | entry of a finding or the return of a verdict. Reasonable
| ||||||
17 | notice of the motion shall be given to the minor or his or her | ||||||
18 | counsel. If the
motion is made by the State, the court shall | ||||||
19 | conduct a hearing to determine if
the minor should be sentenced | ||||||
20 | under Chapter V of the Unified Code of
Corrections. In making | ||||||
21 | its determination, the court shall consider
among other | ||||||
22 | matters: (a) whether there is
evidence that the offense was | ||||||
23 | committed in an aggressive and premeditated
manner; (b) the age | ||||||
24 | of the minor; (c) the previous history of the
minor; (d) | ||||||
25 | whether there are facilities particularly available to the | ||||||
26 | Juvenile
Court or the Department of Juvenile Justice for the |
| |||||||
| |||||||
1 | treatment
and rehabilitation of the minor; (e) whether
the | ||||||
2 | security of the public requires sentencing under Chapter V of | ||||||
3 | the
Unified Code of Corrections; and (f) whether the minor | ||||||
4 | possessed a deadly
weapon when committing the offense. The | ||||||
5 | rules of evidence shall be the same as
if at trial. If after | ||||||
6 | the hearing the court finds that the minor should be
sentenced | ||||||
7 | under Chapter V of the Unified Code of Corrections, then the | ||||||
8 | court
shall sentence the minor accordingly having available to | ||||||
9 | it any or all
dispositions so prescribed.
| ||||||
10 | (4) (a) The definition of delinquent minor under Section | ||||||
11 | 5-120 of this
Article
shall not apply to any minor who at the | ||||||
12 | time of an offense was at least 13
years of age and who is | ||||||
13 | charged with first degree murder committed during the
course of | ||||||
14 | either aggravated criminal sexual assault, criminal sexual | ||||||
15 | assault,
or aggravated kidnaping. However, this subsection (4) | ||||||
16 | does not include a minor
charged with first degree murder based | ||||||
17 | exclusively upon the accountability
provisions of the Criminal | ||||||
18 | Code of 1961 or the Criminal Code of 2012.
| ||||||
19 | (b) (i) If before trial or plea an information or | ||||||
20 | indictment is filed that
does not charge first degree murder | ||||||
21 | committed during the course of aggravated
criminal sexual | ||||||
22 | assault, criminal
sexual assault, or aggravated kidnaping, the | ||||||
23 | State's Attorney may proceed on
any lesser charge or charges, | ||||||
24 | but only in Juvenile Court under the provisions
of this | ||||||
25 | Article. The State's Attorney may proceed under the criminal | ||||||
26 | laws of
this State
on a lesser charge if before trial the minor |
| |||||||
| |||||||
1 | defendant knowingly and with
advice of counsel waives, in | ||||||
2 | writing, his or her right to have the matter
proceed in | ||||||
3 | Juvenile Court.
| ||||||
4 | (ii) If before trial or plea an information or
indictment | ||||||
5 | is filed that includes first degree murder committed during the
| ||||||
6 | course of aggravated criminal sexual assault, criminal sexual | ||||||
7 | assault, or
aggravated kidnaping, and additional charges that | ||||||
8 | are not specified in
paragraph (a) of this subsection, all of | ||||||
9 | the charges arising out of the same
incident shall be | ||||||
10 | prosecuted under the criminal laws of this State.
| ||||||
11 | (c) (i) If after trial or plea the minor is convicted of | ||||||
12 | first degree
murder
committed during the course of aggravated | ||||||
13 | criminal sexual assault, criminal
sexual assault, or | ||||||
14 | aggravated kidnaping, in sentencing the minor, the court
shall | ||||||
15 | have available any or all dispositions prescribed for that | ||||||
16 | offense under
Chapter V of the Unified Code of Corrections.
| ||||||
17 | (ii) If the minor was not yet 15
years of age at the time of | ||||||
18 | the offense, and if after trial or plea the court
finds that | ||||||
19 | the minor
committed an offense other than first degree murder | ||||||
20 | committed during
the course of either aggravated criminal | ||||||
21 | sexual assault, criminal sexual
assault, or aggravated | ||||||
22 | kidnapping, the finding shall not invalidate the
verdict or the | ||||||
23 | prosecution of the minor under the criminal laws of the State;
| ||||||
24 | however, unless the State requests a hearing for the purpose of | ||||||
25 | sentencing the
minor under
Chapter V of the Unified Code of | ||||||
26 | Corrections, the Court must proceed under
Sections 5-705 and |
| |||||||
| |||||||
1 | 5-710 of this Article. To request a hearing, the State must
| ||||||
2 | file a written motion within 10 days following the entry of a | ||||||
3 | finding or the
return of a verdict. Reasonable notice of the | ||||||
4 | motion shall be given to the
minor or his or her counsel. If | ||||||
5 | the motion is made by the State, the court
shall conduct a | ||||||
6 | hearing to determine whether the minor should be sentenced
| ||||||
7 | under Chapter V of the
Unified Code of Corrections. In making | ||||||
8 | its determination, the court shall
consider among other | ||||||
9 | matters: (a) whether there is evidence that the offense
was | ||||||
10 | committed in an
aggressive and premeditated manner; (b) the age | ||||||
11 | of the minor; (c) the
previous delinquent history of the minor; | ||||||
12 | (d) whether there are facilities
particularly available to the | ||||||
13 | Juvenile Court or the Department of Juvenile Justice
for the | ||||||
14 | treatment and rehabilitation of the minor; (e) whether the best
| ||||||
15 | interest of the minor and the security of the public require | ||||||
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 | (5) (a) The definition of delinquent minor under Section | ||||||
25 | 5-120 of this
Article
shall not apply to any minor who is | ||||||
26 | charged with a violation of subsection (a)
of Section 31-6 or |
| |||||||
| |||||||
1 | Section 32-10 of the Criminal Code of 1961 or the Criminal Code | ||||||
2 | of 2012 when the minor is
subject to prosecution under the | ||||||
3 | criminal laws of this State as a result of the
application of | ||||||
4 | the provisions of Section 5-125, or subsection (1) or (2) of
| ||||||
5 | this Section. These charges and all other charges arising out | ||||||
6 | of the same
incident shall be prosecuted under the criminal | ||||||
7 | 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 |
| |||||||
| |||||||
1 | Chapter V of the Unified Code of Corrections.
| ||||||
2 | (ii) If after trial or
plea the court finds that the minor | ||||||
3 | committed an offense not covered by
paragraph (a) of
this | ||||||
4 | subsection (5), the conviction shall not invalidate the verdict | ||||||
5 | or the
prosecution of the minor under the criminal laws of this | ||||||
6 | State; however,
unless the State requests a hearing for the
| ||||||
7 | purpose of sentencing the minor under Chapter V of the Unified | ||||||
8 | Code of
Corrections, the Court must proceed under Sections | ||||||
9 | 5-705 and 5-710 of this
Article.
To request a hearing, the | ||||||
10 | State must file a written motion within 10 days
following the | ||||||
11 | entry of a finding or the return of a verdict. Reasonable | ||||||
12 | notice
of the motion shall be given to the minor or his or her | ||||||
13 | counsel. If the motion
is made by the State, the court shall | ||||||
14 | conduct a hearing to determine if whether
the minor should be | ||||||
15 | sentenced under Chapter V of the Unified Code of
Corrections. | ||||||
16 | In making its determination, the court shall consider among | ||||||
17 | other
matters: (a) whether there is evidence that the offense | ||||||
18 | was committed in an
aggressive and premeditated manner; (b) the | ||||||
19 | age of the minor; (c) the previous
delinquent history of the | ||||||
20 | minor; (d) whether there are facilities particularly
available | ||||||
21 | to the Juvenile Court or the Department of Juvenile Justice for | ||||||
22 | the treatment and rehabilitation of the minor; (e) whether
the | ||||||
23 | security of the public requires sentencing under Chapter V of | ||||||
24 | the Unified
Code of Corrections; and (f) whether the minor | ||||||
25 | possessed a deadly weapon when
committing the offense. The | ||||||
26 | rules of evidence shall be the same as if at
trial. If after |
| |||||||
| |||||||
1 | the hearing the court finds that the minor should be sentenced
| ||||||
2 | under Chapter V of the Unified Code of Corrections, then the | ||||||
3 | court shall
sentence the minor accordingly having available to | ||||||
4 | it any or all dispositions
so prescribed.
| ||||||
5 | (6) The definition of delinquent minor under Section 5-120 | ||||||
6 | of this Article
shall not apply to any minor who, pursuant to | ||||||
7 | subsection (1) or (3) or
Section 5-805 or 5-810, has previously | ||||||
8 | been placed under the jurisdiction of
the criminal court and | ||||||
9 | has been convicted of a crime under an adult criminal or
penal | ||||||
10 | statute. Such a minor shall be subject to prosecution under the | ||||||
11 | criminal
laws of this State.
| ||||||
12 | (7) The procedures set out in this Article for the | ||||||
13 | investigation, arrest and
prosecution of juvenile offenders | ||||||
14 | shall not apply to minors who are excluded
from jurisdiction of | ||||||
15 | the Juvenile Court, except that minors under 18 17 years of
age | ||||||
16 | shall be kept separate from confined adults.
| ||||||
17 | (8) Nothing in this Act prohibits or limits the prosecution | ||||||
18 | of any
minor for an offense committed on or after his or her | ||||||
19 | 18th 17th birthday even though
he or she is at the time of the | ||||||
20 | offense a ward of the court.
| ||||||
21 | (9) If an original petition for adjudication of wardship | ||||||
22 | alleges the
commission by a minor 13 years of age or
over of an | ||||||
23 | act that constitutes a crime under the laws of this State,
the | ||||||
24 | minor, with the consent of his or her counsel, may, at any time | ||||||
25 | before
commencement of the adjudicatory hearing, file with the | ||||||
26 | court a motion
that criminal prosecution be ordered and that |
| |||||||
| |||||||
1 | the petition be dismissed
insofar as the act or acts involved | ||||||
2 | in the criminal proceedings are
concerned. If such a motion is | ||||||
3 | filed as herein provided, the court shall
enter its order | ||||||
4 | accordingly.
| ||||||
5 | (10) If, prior to August 12, 2005 (the effective date of | ||||||
6 | Public Act 94-574), a minor is charged with a violation of | ||||||
7 | Section 401 of the Illinois Controlled Substances Act under the | ||||||
8 | criminal laws of this State, other than a minor charged with a | ||||||
9 | Class X felony violation of the
Illinois Controlled
Substances | ||||||
10 | Act or the Methamphetamine Control and Community Protection | ||||||
11 | Act, any party including the minor or the court sua sponte
may, | ||||||
12 | before trial,
move for a hearing for the purpose of trying and | ||||||
13 | sentencing the minor as
a delinquent minor. To request a | ||||||
14 | hearing, the party must file a motion
prior to trial. | ||||||
15 | Reasonable notice of the motion shall be given to all
parties. | ||||||
16 | On its own motion or upon the filing of a motion by one of the
| ||||||
17 | parties including the minor, the court shall conduct a hearing | ||||||
18 | to
determine whether the minor should be tried and sentenced as | ||||||
19 | a
delinquent minor under this Article. In making its | ||||||
20 | determination, the
court shall consider among other matters:
| ||||||
21 | (a) The age of the minor;
| ||||||
22 | (b) Any previous delinquent or criminal history of the | ||||||
23 | minor;
| ||||||
24 | (c) Any previous abuse or neglect history of the minor;
| ||||||
25 | (d) Any mental health or educational history of the minor, | ||||||
26 | 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 | The changes made to this Section by this amendatory Act of
| ||||||
14 | the 98th General Assembly apply to a minor who has been
| ||||||
15 | arrested or taken into custody on or after the effective date
| ||||||
16 | of this amendatory Act. | ||||||
17 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| ||||||
18 | (705 ILCS 405/5-401.5)
| ||||||
19 | Sec. 5-401.5. When statements by minor may be used.
| ||||||
20 | (a) In this Section, "custodial interrogation" means any | ||||||
21 | interrogation
(i) during which a reasonable person in the | ||||||
22 | subject's position
would consider himself or herself to be in | ||||||
23 | custody and (ii) during which
a
question is asked that is | ||||||
24 | reasonably likely to elicit an incriminating
response.
| ||||||
25 | In this Section, "electronic recording" includes motion |
| |||||||
| |||||||
1 | picture,
audiotape, videotape, or digital recording.
| ||||||
2 | In this Section, "place of detention" means a building
or a | ||||||
3 | police station that is a place of operation for a municipal | ||||||
4 | police
department or county sheriff department or other law | ||||||
5 | enforcement agency
at which persons are or may be held in | ||||||
6 | detention in
connection with criminal charges against those | ||||||
7 | persons or allegations that
those
persons are delinquent | ||||||
8 | minors.
| ||||||
9 | (b) An oral, written, or sign language statement of a minor | ||||||
10 | who, at the time
of the
commission of the offense was under the | ||||||
11 | age of 18 17
years, made as a
result of a custodial | ||||||
12 | interrogation conducted at a police station or other
place of | ||||||
13 | detention on or after
the effective date of
this amendatory Act | ||||||
14 | of the 93rd General Assembly shall be presumed to be
| ||||||
15 | inadmissible as evidence against the
minor in
any criminal | ||||||
16 | proceeding or juvenile court proceeding,
for an act that if | ||||||
17 | committed by an adult would be
brought under Section 9-1, | ||||||
18 | 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, or 9-3.3,
of the Criminal Code | ||||||
19 | of 1961 or the Criminal Code of 2012,
or under clause (d)(1)(F) | ||||||
20 | of Section 11-501 of the Illinois Vehicle Code
unless:
| ||||||
21 | (1) an electronic recording
is made of the custodial | ||||||
22 | interrogation; and
| ||||||
23 | (2) the recording is substantially accurate and not | ||||||
24 | intentionally altered.
| ||||||
25 | (c) Every electronic recording required under this Section
| ||||||
26 | must be preserved
until such time as the
minor's adjudication
|
| |||||||
| |||||||
1 | for any
offense relating to the statement is final and all | ||||||
2 | direct and habeas corpus
appeals are
exhausted,
or the | ||||||
3 | prosecution of such offenses is barred by law.
| ||||||
4 | (d) If the court finds, by a preponderance of the evidence, | ||||||
5 | that the
minor
was
subjected to a custodial interrogation in | ||||||
6 | violation of this Section,
then any statements made
by the
| ||||||
7 | minor during or following that non-recorded custodial | ||||||
8 | interrogation, even
if
otherwise in compliance with this | ||||||
9 | Section, are presumed to be inadmissible in
any criminal
| ||||||
10 | proceeding or juvenile court proceeding against the minor | ||||||
11 | except for the
purposes of impeachment.
| ||||||
12 | (e) Nothing in this Section precludes the admission (i) of | ||||||
13 | a statement made
by the
minor in open court in any criminal | ||||||
14 | proceeding or juvenile court proceeding,
before a grand jury, | ||||||
15 | or
at a
preliminary hearing,
(ii) of a
statement made during a
| ||||||
16 | custodial interrogation that was not recorded as required by
| ||||||
17 | this
Section because electronic recording was not feasible, | ||||||
18 | (iii) of a
voluntary
statement,
whether or not the result of a | ||||||
19 | custodial interrogation, that has a bearing on
the
credibility | ||||||
20 | of the accused as a witness, (iv)
of a spontaneous statement
| ||||||
21 | that is not made in response to a question,
(v) of a statement | ||||||
22 | made after questioning that is routinely
asked during the | ||||||
23 | processing of the arrest of the suspect, (vi) of a statement
| ||||||
24 | made during a custodial interrogation by a suspect who | ||||||
25 | requests, prior to
making
the statement, to respond to the
| ||||||
26 | interrogator's questions only if
an electronic recording is not |
| |||||||
| |||||||
1 | made of the statement, provided that an
electronic
recording is | ||||||
2 | made of the statement of agreeing to respond to
the | ||||||
3 | interrogator's question, only if a recording is not made of the | ||||||
4 | statement,
(vii)
of a statement made
during a custodial
| ||||||
5 | interrogation that is conducted out-of-state,
(viii)
of a
| ||||||
6 | statement given at a time when the interrogators are unaware | ||||||
7 | that a death
has in fact occurred, or (ix) of any
other | ||||||
8 | statement that may be admissible under law. The State shall | ||||||
9 | bear the
burden of proving, by a preponderance of the evidence, | ||||||
10 | that one of the
exceptions described in this subsection (e) is | ||||||
11 | applicable. Nothing in this
Section precludes the admission of | ||||||
12 | a statement, otherwise inadmissible under
this Section, that is | ||||||
13 | used only for impeachment and not as substantive
evidence.
| ||||||
14 | (f) The presumption of inadmissibility of a statement made | ||||||
15 | by a suspect at
a custodial interrogation at a police station | ||||||
16 | or other place of detention may
be overcome by a preponderance | ||||||
17 | of the evidence
that
the statement was voluntarily given and is | ||||||
18 | reliable, based on the totality of
the
circumstances.
| ||||||
19 | (g) Any electronic recording of any statement made by a | ||||||
20 | minor during a
custodial interrogation that is compiled by any | ||||||
21 | law enforcement agency as
required by this Section for the | ||||||
22 | purposes of fulfilling the requirements of
this
Section shall | ||||||
23 | be confidential and exempt from public inspection and copying, | ||||||
24 | as
provided under Section 7 of the Freedom of Information Act, | ||||||
25 | and the information
shall not be transmitted to anyone except | ||||||
26 | as needed to comply with this
Section.
|
| |||||||
| |||||||
1 | (h) A statement, admission, confession, or incriminating | ||||||
2 | information made by or obtained from a minor related to the | ||||||
3 | instant offense, as part of any behavioral health screening, | ||||||
4 | assessment, evaluation, or treatment, whether or not | ||||||
5 | court-ordered, shall not be admissible as evidence against the | ||||||
6 | minor on the issue of guilt only in the instant juvenile court | ||||||
7 | proceeding. The provisions of this subsection (h) are in | ||||||
8 | addition to and do not override any existing statutory and | ||||||
9 | constitutional prohibition on the admission into evidence in | ||||||
10 | delinquency proceedings of information obtained during | ||||||
11 | screening, assessment, or treatment. | ||||||
12 | The changes made to this Section by this amendatory Act of | ||||||
13 | the 98th General Assembly apply to statements of a minor made | ||||||
14 | on or after the effective date of this amendatory Act. | ||||||
15 | (Source: P.A. 96-1251, eff. 1-1-11; 97-1150, eff. 1-25-13.)
| ||||||
16 | (705 ILCS 405/5-410)
| ||||||
17 | Sec. 5-410. Non-secure custody or detention.
| ||||||
18 | (1) Any minor arrested or taken into custody pursuant to | ||||||
19 | this Act who
requires care away from his or her home but who | ||||||
20 | does not require physical
restriction shall be given temporary | ||||||
21 | care in a foster family home or other
shelter facility | ||||||
22 | designated by the court.
| ||||||
23 | (2) (a) Any minor 10 years of age or older arrested
| ||||||
24 | pursuant to this Act where there is probable cause to believe | ||||||
25 | that the minor
is a delinquent minor and that
(i) secured |
| |||||||
| |||||||
1 | custody is a matter of immediate and urgent necessity for the
| ||||||
2 | protection of the minor or of the person or property of | ||||||
3 | another, (ii) the minor
is likely to flee the jurisdiction of | ||||||
4 | the court, or (iii) the minor was taken
into custody under a | ||||||
5 | warrant, may be kept or detained in an authorized
detention | ||||||
6 | facility. No minor under 12 years of age shall be detained in a
| ||||||
7 | county jail or a municipal lockup for more than 6 hours.
| ||||||
8 | (b) The written authorization of the probation officer or | ||||||
9 | detention officer
(or other public officer designated by the | ||||||
10 | court in a county having
3,000,000 or more inhabitants) | ||||||
11 | constitutes authority for the superintendent of
any juvenile | ||||||
12 | detention home to detain and keep a minor for up to 40 hours,
| ||||||
13 | excluding Saturdays, Sundays and court-designated holidays. | ||||||
14 | These
records shall be available to the same persons and | ||||||
15 | pursuant to the same
conditions as are law enforcement records | ||||||
16 | as provided in Section 5-905.
| ||||||
17 | (b-4) The consultation required by subsection (b-5) shall | ||||||
18 | not be applicable
if the probation officer or detention officer | ||||||
19 | (or other public officer
designated
by the court in a
county | ||||||
20 | having 3,000,000 or more inhabitants) utilizes a scorable | ||||||
21 | detention
screening instrument, which has been developed with | ||||||
22 | input by the State's
Attorney, to
determine whether a minor | ||||||
23 | should be detained, however, subsection (b-5) shall
still be | ||||||
24 | applicable where no such screening instrument is used or where | ||||||
25 | the
probation officer, detention officer (or other public | ||||||
26 | officer designated by the
court in a county
having 3,000,000 or |
| |||||||
| |||||||
1 | more inhabitants) deviates from the screening instrument.
| ||||||
2 | (b-5) Subject to the provisions of subsection (b-4), if a | ||||||
3 | probation officer
or detention officer
(or other public officer | ||||||
4 | designated by
the court in a county having 3,000,000 or more | ||||||
5 | inhabitants) does not intend to
detain a minor for an offense | ||||||
6 | which constitutes one of the following offenses
he or she shall | ||||||
7 | consult with the State's Attorney's Office prior to the release
| ||||||
8 | of the minor: first degree murder, second degree murder, | ||||||
9 | involuntary
manslaughter, criminal sexual assault, aggravated | ||||||
10 | criminal sexual assault,
aggravated battery with a firearm as | ||||||
11 | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | ||||||
12 | (e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous | ||||||
13 | battery involving
permanent disability or disfigurement or | ||||||
14 | great bodily harm, robbery, aggravated
robbery, armed robbery, | ||||||
15 | vehicular hijacking, aggravated vehicular hijacking,
vehicular | ||||||
16 | invasion, arson, aggravated arson, kidnapping, aggravated | ||||||
17 | kidnapping,
home invasion, burglary, or residential burglary.
| ||||||
18 | (c) Except as otherwise provided in paragraph (a), (d), or | ||||||
19 | (e), no minor
shall
be detained in a county jail or municipal | ||||||
20 | lockup for more than 12 hours, unless
the offense is a crime of | ||||||
21 | violence in which case the minor may be detained up
to 24 | ||||||
22 | hours. For the purpose of this paragraph, "crime of violence" | ||||||
23 | has the
meaning
ascribed to it in Section 1-10 of the | ||||||
24 | Alcoholism and Other Drug Abuse and
Dependency Act.
| ||||||
25 | (i) The
period of detention is deemed to have begun | ||||||
26 | once the minor has been placed in a
locked room or cell or |
| |||||||
| |||||||
1 | handcuffed to a stationary object in a building housing
a | ||||||
2 | county jail or municipal lockup. Time spent transporting a | ||||||
3 | minor is not
considered to be time in detention or secure | ||||||
4 | custody.
| ||||||
5 | (ii) Any minor so
confined shall be under periodic | ||||||
6 | supervision and shall not be permitted to come
into or | ||||||
7 | remain in contact with adults in custody in the building.
| ||||||
8 | (iii) Upon
placement in secure custody in a jail or | ||||||
9 | lockup, the
minor shall be informed of the purpose of the | ||||||
10 | detention, the time it is
expected to last and the fact | ||||||
11 | that it cannot exceed the time specified under
this Act.
| ||||||
12 | (iv) A log shall
be kept which shows the offense which | ||||||
13 | is the basis for the detention, the
reasons and | ||||||
14 | circumstances for the decision to detain and the length of | ||||||
15 | time the
minor was in detention.
| ||||||
16 | (v) Violation of the time limit on detention
in a | ||||||
17 | county jail or municipal lockup shall not, in and of | ||||||
18 | itself, render
inadmissible evidence obtained as a result | ||||||
19 | of the violation of this
time limit. Minors under 18 17 | ||||||
20 | years of age shall be kept separate from confined
adults | ||||||
21 | and may not at any time be kept in the same cell, room or | ||||||
22 | yard with
adults confined pursuant to criminal law. Persons | ||||||
23 | 18 17 years of age and older
who have a petition of | ||||||
24 | delinquency filed against them may be
confined in an
adult | ||||||
25 | detention facility.
In making a determination whether to | ||||||
26 | 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 |
| |||||||
| |||||||
1 | subsection (2) of this Section but not
exceeding 7 days | ||||||
2 | including Saturdays, Sundays and holidays pending an
| ||||||
3 | adjudicatory hearing, county jails shall comply with all | ||||||
4 | temporary detention
standards promulgated by the Department of | ||||||
5 | Corrections and training standards
approved by the Illinois Law | ||||||
6 | Enforcement Training Standards Board.
| ||||||
7 | (iii) To accept or hold minors 12 years of age or older, | ||||||
8 | after the time
period prescribed in paragraphs (d)(i) and | ||||||
9 | (d)(ii) of this subsection (2) of
this
Section, county jails | ||||||
10 | shall comply with all programmatic and training standards
for | ||||||
11 | juvenile detention homes promulgated by the Department of | ||||||
12 | Corrections.
| ||||||
13 | (e) When a minor who is at least 15 years of age is | ||||||
14 | prosecuted under the
criminal laws of this State,
the court may | ||||||
15 | enter an order directing that the juvenile be confined
in the | ||||||
16 | county jail. However, any juvenile confined in the county jail | ||||||
17 | under
this provision shall be separated from adults who are | ||||||
18 | confined in the county
jail in such a manner that there will be | ||||||
19 | no contact by sight, sound or
otherwise between the juvenile | ||||||
20 | and adult prisoners.
| ||||||
21 | (f) For purposes of appearing in a physical lineup, the | ||||||
22 | minor may be taken
to a county jail or municipal lockup under | ||||||
23 | the direct and constant supervision
of a juvenile police | ||||||
24 | officer. During such time as is necessary to conduct a
lineup, | ||||||
25 | and while supervised by a juvenile police officer, the sight | ||||||
26 | and sound
separation provisions shall not apply.
|
| |||||||
| |||||||
1 | (g) For purposes of processing a minor, the minor may be | ||||||
2 | taken to a County
Jail or municipal lockup under the direct and | ||||||
3 | constant supervision of a law
enforcement officer or | ||||||
4 | correctional officer. During such time as is necessary
to | ||||||
5 | process the minor, and while supervised by a law enforcement | ||||||
6 | officer or
correctional officer, the sight and sound separation | ||||||
7 | provisions shall not
apply.
| ||||||
8 | (3) If the probation officer or State's Attorney (or such | ||||||
9 | other public
officer designated by the court in a county having | ||||||
10 | 3,000,000 or more
inhabitants) determines that the minor may be | ||||||
11 | a delinquent minor as described
in subsection (3) of Section | ||||||
12 | 5-105, and should be retained in custody but does
not require
| ||||||
13 | physical restriction, the minor may be placed in non-secure | ||||||
14 | custody for up to
40 hours pending a detention hearing.
| ||||||
15 | (4) Any minor taken into temporary custody, not requiring | ||||||
16 | secure
detention, may, however, be detained in the home of his | ||||||
17 | or her parent or
guardian subject to such conditions as the | ||||||
18 | court may impose.
| ||||||
19 | The changes made to this Section by this amendatory Act of | ||||||
20 | the 98th General Assembly apply to a minor who has been | ||||||
21 | arrested or taken into custody on or after the effective date | ||||||
22 | of this amendatory Act. | ||||||
23 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
24 | (705 ILCS 405/5-901)
| ||||||
25 | Sec. 5-901. Court file.
|
| |||||||
| |||||||
1 | (1) The Court file with respect to proceedings under this
| ||||||
2 | Article shall consist of the petitions, pleadings, victim | ||||||
3 | impact statements,
process,
service of process, orders, writs | ||||||
4 | and docket entries reflecting hearings held
and judgments and | ||||||
5 | decrees entered by the court. The court file shall be
kept | ||||||
6 | separate from other records of the court.
| ||||||
7 | (a) The file, including information identifying the | ||||||
8 | victim or alleged
victim of any sex
offense, shall be | ||||||
9 | disclosed only to the following parties when necessary for
| ||||||
10 | discharge of their official duties:
| ||||||
11 | (i) A judge of the circuit court and members of the | ||||||
12 | staff of the court
designated by the judge;
| ||||||
13 | (ii) Parties to the proceedings and their | ||||||
14 | attorneys;
| ||||||
15 | (iii) Victims and their attorneys, except in cases | ||||||
16 | of multiple victims
of
sex offenses in which case the | ||||||
17 | information identifying the nonrequesting
victims | ||||||
18 | shall be redacted;
| ||||||
19 | (iv) Probation officers, law enforcement officers | ||||||
20 | or prosecutors or
their
staff;
| ||||||
21 | (v) Adult and juvenile Prisoner Review Boards.
| ||||||
22 | (b) The Court file redacted to remove any information | ||||||
23 | identifying the
victim or alleged victim of any sex offense | ||||||
24 | shall be disclosed only to the
following parties when | ||||||
25 | necessary for discharge of their official duties:
| ||||||
26 | (i) Authorized military personnel;
|
| |||||||
| |||||||
1 | (ii) Persons engaged in bona fide research, with | ||||||
2 | the permission of the
judge of the juvenile court and | ||||||
3 | the chief executive of the agency that prepared
the
| ||||||
4 | particular recording: provided that publication of | ||||||
5 | such research results in no
disclosure of a minor's | ||||||
6 | identity and protects the confidentiality of the
| ||||||
7 | record;
| ||||||
8 | (iii) The Secretary of State to whom the Clerk of | ||||||
9 | the Court shall report
the disposition of all cases, as | ||||||
10 | required in Section 6-204 or Section 6-205.1
of the | ||||||
11 | Illinois
Vehicle Code. However, information reported | ||||||
12 | relative to these offenses shall
be privileged and | ||||||
13 | available only to the Secretary of State, courts, and | ||||||
14 | police
officers;
| ||||||
15 | (iv) The administrator of a bonafide substance | ||||||
16 | abuse student
assistance program with the permission | ||||||
17 | of the presiding judge of the
juvenile court;
| ||||||
18 | (v) Any individual, or any public or private agency | ||||||
19 | or institution,
having
custody of the juvenile under | ||||||
20 | court order or providing educational, medical or
| ||||||
21 | mental health services to the juvenile or a | ||||||
22 | court-approved advocate for the
juvenile or any | ||||||
23 | placement provider or potential placement provider as
| ||||||
24 | determined by the court.
| ||||||
25 | (3) A minor who is the victim or alleged victim in a | ||||||
26 | juvenile proceeding
shall be
provided the same confidentiality |
| |||||||
| |||||||
1 | regarding disclosure of identity as the
minor who is the | ||||||
2 | subject of record.
Information identifying victims and alleged | ||||||
3 | victims of sex offenses,
shall not be disclosed or open to | ||||||
4 | public inspection under any circumstances.
Nothing in this | ||||||
5 | Section shall prohibit the victim or alleged victim of any sex
| ||||||
6 | offense from voluntarily disclosing his or her identity.
| ||||||
7 | (4) Relevant information, reports and records shall be made | ||||||
8 | available to the
Department of
Juvenile Justice when a juvenile | ||||||
9 | offender has been placed in the custody of the
Department of | ||||||
10 | Juvenile Justice.
| ||||||
11 | (5) Except as otherwise provided in this subsection (5), | ||||||
12 | juvenile court
records shall not be made available to the | ||||||
13 | general public
but may be inspected by representatives of | ||||||
14 | agencies, associations and news
media or other properly | ||||||
15 | interested persons by general or special order of
the court. | ||||||
16 | The State's Attorney, the minor, his or her parents, guardian | ||||||
17 | and
counsel
shall at all times have the right to examine court | ||||||
18 | files and records.
| ||||||
19 | (a) The
court shall allow the general public to have | ||||||
20 | access to the name, address, and
offense of a minor
who is | ||||||
21 | adjudicated a delinquent minor under this Act under either | ||||||
22 | of the
following circumstances:
| ||||||
23 | (i) The
adjudication of
delinquency was based upon | ||||||
24 | the
minor's
commission of first degree murder, attempt | ||||||
25 | to commit first degree
murder, aggravated criminal | ||||||
26 | sexual assault, or criminal sexual assault; or
|
| |||||||
| |||||||
1 | (ii) The court has made a finding that the minor | ||||||
2 | was at least 13 years
of
age
at the time the act was | ||||||
3 | committed and the adjudication of delinquency was | ||||||
4 | based
upon the minor's commission of: (A)
an act in | ||||||
5 | furtherance of the commission of a felony as a member | ||||||
6 | of or on
behalf of a criminal street
gang, (B) an act | ||||||
7 | involving the use of a firearm in the commission of a
| ||||||
8 | felony, (C) an act that would be a Class X felony | ||||||
9 | offense
under or
the minor's second or subsequent
Class | ||||||
10 | 2 or greater felony offense under the Cannabis Control | ||||||
11 | Act if committed
by an adult,
(D) an act that would be | ||||||
12 | a second or subsequent offense under Section 402 of
the | ||||||
13 | Illinois Controlled Substances Act if committed by an | ||||||
14 | adult, (E) an act
that would be an offense under | ||||||
15 | Section 401 of the Illinois Controlled
Substances Act | ||||||
16 | if committed by an adult, or (F) an act that would be | ||||||
17 | an offense under the Methamphetamine Control and | ||||||
18 | Community Protection Act if committed by an adult.
| ||||||
19 | (b) 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, under either of
| ||||||
24 | the following
circumstances:
| ||||||
25 | (i) The minor has been convicted of first degree | ||||||
26 | murder, attempt
to commit first degree
murder, |
| |||||||
| |||||||
1 | aggravated criminal sexual
assault, or criminal sexual | ||||||
2 | assault,
| ||||||
3 | (ii) The court has made a finding that the minor | ||||||
4 | was at least 13 years
of age
at the time the offense | ||||||
5 | was committed and the conviction was based upon the
| ||||||
6 | minor's commission of: (A)
an offense in
furtherance of | ||||||
7 | the commission of a felony as a member of or on behalf | ||||||
8 | of a
criminal street gang, (B) an offense
involving the | ||||||
9 | use of a firearm in the commission of a felony, (C)
a | ||||||
10 | Class X felony offense under the Cannabis Control Act | ||||||
11 | or a second or
subsequent Class 2 or
greater felony | ||||||
12 | offense under the Cannabis Control Act, (D) a
second or | ||||||
13 | subsequent offense under Section 402 of the Illinois
| ||||||
14 | Controlled Substances Act, (E) an offense under | ||||||
15 | Section 401 of the Illinois
Controlled Substances Act, | ||||||
16 | or (F) an offense under the Methamphetamine Control and | ||||||
17 | Community Protection Act.
| ||||||
18 | (6) Nothing in this Section shall be construed to limit the | ||||||
19 | use of a
adjudication of delinquency as
evidence in any | ||||||
20 | juvenile or criminal proceeding, where it would otherwise be
| ||||||
21 | admissible under the rules of evidence, including but not | ||||||
22 | limited to, use as
impeachment evidence against any witness, | ||||||
23 | including the minor if he or she
testifies.
| ||||||
24 | (7) Nothing in this Section shall affect the right of a | ||||||
25 | Civil Service
Commission or appointing authority examining the | ||||||
26 | character and fitness of
an applicant for a position as a law |
| |||||||
| |||||||
1 | enforcement officer to ascertain
whether that applicant was | ||||||
2 | ever adjudicated to be a delinquent minor and,
if so, to | ||||||
3 | examine the records or evidence which were made in
proceedings | ||||||
4 | under this Act.
| ||||||
5 | (8) Following any adjudication of delinquency for a crime | ||||||
6 | which would be
a felony if committed by an adult, or following | ||||||
7 | any adjudication of delinquency
for a violation of Section | ||||||
8 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
9 | Criminal Code of 2012, the State's Attorney shall ascertain
| ||||||
10 | whether the minor respondent is enrolled in school and, if so, | ||||||
11 | shall provide
a copy of the sentencing order to the principal | ||||||
12 | or chief administrative
officer of the school. Access to such | ||||||
13 | juvenile records shall be limited
to the principal or chief | ||||||
14 | administrative officer of the school and any guidance
counselor | ||||||
15 | designated by him or her.
| ||||||
16 | (9) Nothing contained in this Act prevents the sharing or
| ||||||
17 | disclosure of information or records relating or pertaining to | ||||||
18 | juveniles
subject to the provisions of the Serious Habitual | ||||||
19 | Offender Comprehensive
Action Program when that information is | ||||||
20 | used to assist in the early
identification and treatment of | ||||||
21 | habitual juvenile offenders.
| ||||||
22 | (11) The Clerk of the Circuit Court shall report to the | ||||||
23 | Department of
State
Police, in the form and manner required by | ||||||
24 | the Department of State Police, the
final disposition of each | ||||||
25 | minor who has been arrested or taken into custody
before his or | ||||||
26 | her 18th 17th birthday for those offenses required to be |
| |||||||
| |||||||
1 | reported
under Section 5 of the Criminal Identification Act. | ||||||
2 | Information reported to
the Department under this Section may | ||||||
3 | be maintained with records that the
Department files under | ||||||
4 | Section 2.1 of the Criminal Identification Act.
| ||||||
5 | (12) Information or records may be disclosed to the general | ||||||
6 | public when the
court is conducting hearings under Section | ||||||
7 | 5-805 or 5-810.
| ||||||
8 | The changes made to this Section by this amendatory Act of | ||||||
9 | the 98th General Assembly apply to juvenile court records of a | ||||||
10 | minor who has been arrested or taken into custody on or after | ||||||
11 | the effective date of this amendatory Act. | ||||||
12 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
13 | (705 ILCS 405/5-905)
| ||||||
14 | Sec. 5-905. Law enforcement records.
| ||||||
15 | (1) Law Enforcement Records.
Inspection and copying of law | ||||||
16 | enforcement records maintained by law enforcement
agencies | ||||||
17 | that relate to a minor who has been arrested or taken into | ||||||
18 | custody
before his or her 18th 17th birthday shall be | ||||||
19 | restricted to the following and when
necessary for the | ||||||
20 | discharge of their official duties:
| ||||||
21 | (a) A judge of the circuit court and members of the | ||||||
22 | staff of the court
designated by the judge;
| ||||||
23 | (b) Law enforcement officers, probation officers or | ||||||
24 | prosecutors or their
staff, or, when necessary for the | ||||||
25 | discharge of its official duties in connection with a |
| |||||||
| |||||||
1 | particular investigation of the conduct of a law | ||||||
2 | enforcement officer, an independent agency or its staff | ||||||
3 | created by ordinance and charged by a unit of local | ||||||
4 | government with the duty of investigating the conduct of | ||||||
5 | law enforcement officers;
| ||||||
6 | (c) The minor, the minor's parents or legal guardian | ||||||
7 | and their attorneys,
but only when the juvenile has been | ||||||
8 | charged with an offense;
| ||||||
9 | (d) Adult and Juvenile Prisoner Review Boards;
| ||||||
10 | (e) Authorized military personnel;
| ||||||
11 | (f) Persons engaged in bona fide research, with the | ||||||
12 | permission of the
judge of juvenile court and the chief | ||||||
13 | executive of the agency that prepared the
particular | ||||||
14 | recording: provided that publication of such research | ||||||
15 | results in no
disclosure of a minor's identity and protects | ||||||
16 | the confidentiality of the
record;
| ||||||
17 | (g) Individuals responsible for supervising or | ||||||
18 | providing temporary or
permanent care and custody of minors | ||||||
19 | pursuant to orders of the juvenile court
or directives from | ||||||
20 | officials of the Department of Children and Family
Services | ||||||
21 | or the Department of Human Services who certify in writing | ||||||
22 | that the
information will not be disclosed to any other | ||||||
23 | party except as provided under
law or order of court;
| ||||||
24 | (h) The appropriate school official only if the agency | ||||||
25 | or officer believes that there is an imminent threat of | ||||||
26 | physical harm to students, school personnel, or others who |
| |||||||
| |||||||
1 | are present in the school or on school grounds. | ||||||
2 | (A) Inspection and copying
shall be limited to law | ||||||
3 | enforcement records transmitted to the appropriate
| ||||||
4 | school official or officials whom the school has | ||||||
5 | determined to have a legitimate educational or safety | ||||||
6 | interest by a local law enforcement agency under a | ||||||
7 | reciprocal reporting
system established and maintained | ||||||
8 | between the school district and the local law
| ||||||
9 | enforcement agency under Section 10-20.14 of the | ||||||
10 | School Code concerning a minor
enrolled in a school | ||||||
11 | within the school district who has been arrested
or | ||||||
12 | taken into custody for any of the following offenses: | ||||||
13 | (i) any violation of Article 24 of the Criminal | ||||||
14 | Code of
1961 or the Criminal Code of 2012; | ||||||
15 | (ii) a violation of the Illinois Controlled | ||||||
16 | Substances Act; | ||||||
17 | (iii) a violation of the Cannabis Control Act; | ||||||
18 | (iv) a forcible felony as defined in Section | ||||||
19 | 2-8 of the Criminal Code
of 1961 or the Criminal | ||||||
20 | Code of 2012; | ||||||
21 | (v) a violation of the Methamphetamine Control | ||||||
22 | and Community Protection Act; | ||||||
23 | (vi) a violation of Section 1-2 of the | ||||||
24 | Harassing and Obscene Communications Act; | ||||||
25 | (vii) a violation of the Hazing Act; or | ||||||
26 | (viii) a violation of Section 12-1, 12-2, |
| |||||||
| |||||||
1 | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||||||
2 | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||||||
3 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
4 | The information derived from the law enforcement | ||||||
5 | records shall be kept separate from and shall not | ||||||
6 | become a part of the official school record of that | ||||||
7 | child and shall not be a public record. The information | ||||||
8 | shall be used solely by the appropriate school official | ||||||
9 | or officials whom the school has determined to have a | ||||||
10 | legitimate educational or safety interest to aid in the | ||||||
11 | proper rehabilitation of the child and to protect the | ||||||
12 | safety of students and employees in the school. If the | ||||||
13 | designated law enforcement and school officials deem | ||||||
14 | it to be in the best interest of the minor, the student | ||||||
15 | may be referred to in-school or community based social | ||||||
16 | services if those services are available. | ||||||
17 | "Rehabilitation services" may include interventions by | ||||||
18 | school support personnel, evaluation for eligibility | ||||||
19 | for special education, referrals to community-based | ||||||
20 | agencies such as youth services, behavioral healthcare | ||||||
21 | service providers, drug and alcohol prevention or | ||||||
22 | treatment programs, and other interventions as deemed | ||||||
23 | appropriate for the student. | ||||||
24 | (B) Any information provided to appropriate school | ||||||
25 | officials whom the school has determined to have a | ||||||
26 | legitimate educational or safety interest by local law |
| |||||||
| |||||||
1 | enforcement officials about a minor who is the subject | ||||||
2 | of a current police investigation that is directly | ||||||
3 | related to school safety shall consist of oral | ||||||
4 | information only, and not written law enforcement | ||||||
5 | records, and shall be used solely by the appropriate | ||||||
6 | school official or officials to protect the safety of | ||||||
7 | students and employees in the school and aid in the | ||||||
8 | proper rehabilitation of the child. The information | ||||||
9 | derived orally from the local law enforcement | ||||||
10 | officials shall be kept separate from and shall not | ||||||
11 | become a part of the official school record of the | ||||||
12 | child and shall not be a public record. This limitation | ||||||
13 | on the use of information about a minor who is the | ||||||
14 | subject of a current police investigation shall in no | ||||||
15 | way limit the use of this information by prosecutors in | ||||||
16 | pursuing criminal charges arising out of the | ||||||
17 | information disclosed during a police investigation of | ||||||
18 | the minor. For purposes of this paragraph, | ||||||
19 | "investigation" means an official systematic inquiry | ||||||
20 | by a law enforcement agency into actual or suspected | ||||||
21 | criminal activity;
| ||||||
22 | (i) The president of a park district. Inspection and | ||||||
23 | copying shall be limited to law enforcement records | ||||||
24 | transmitted to the president of the park district by the | ||||||
25 | Illinois State Police under Section 8-23 of the Park | ||||||
26 | District Code or Section 16a-5 of the Chicago Park District |
| |||||||
| |||||||
1 | Act concerning a person who is seeking employment with that | ||||||
2 | park district and who has been adjudicated a juvenile | ||||||
3 | delinquent for any of the offenses listed in subsection (c) | ||||||
4 | of Section 8-23 of the Park District Code or subsection (c) | ||||||
5 | of Section 16a-5 of the Chicago Park District Act. | ||||||
6 | (2) Information identifying victims and alleged victims of | ||||||
7 | sex offenses,
shall not be disclosed or open to public | ||||||
8 | inspection under any circumstances.
Nothing in this Section | ||||||
9 | shall prohibit the victim or alleged victim of any sex
offense | ||||||
10 | from voluntarily disclosing his or her identity.
| ||||||
11 | (2.5) If the minor is a victim of aggravated battery, | ||||||
12 | battery, attempted first degree murder, or other non-sexual | ||||||
13 | violent offense, the identity of the victim may be disclosed to | ||||||
14 | appropriate school officials, for the purpose of preventing | ||||||
15 | foreseeable future violence involving minors, by a local law | ||||||
16 | enforcement agency pursuant to an agreement established | ||||||
17 | between the school district and a local law enforcement agency | ||||||
18 | subject to the approval by the presiding judge of the juvenile | ||||||
19 | court. | ||||||
20 | (3) Relevant information, reports and records shall be made | ||||||
21 | available to the
Department of Juvenile Justice when a juvenile | ||||||
22 | offender has been placed in the
custody of the Department of | ||||||
23 | Juvenile Justice.
| ||||||
24 | (4) Nothing in this Section shall prohibit the inspection | ||||||
25 | or disclosure to
victims and witnesses of photographs contained | ||||||
26 | in the records of law
enforcement agencies when the inspection |
| |||||||
| |||||||
1 | or disclosure is conducted in the
presence of a law enforcement | ||||||
2 | officer for purposes of identification or
apprehension of any | ||||||
3 | person in the course of any criminal investigation or
| ||||||
4 | prosecution.
| ||||||
5 | (5) The records of law enforcement officers, or of an | ||||||
6 | independent agency created by ordinance and charged by a unit | ||||||
7 | of local government with the duty of investigating the conduct | ||||||
8 | of law enforcement officers, concerning all minors under
18 17 | ||||||
9 | years of age must be maintained separate from the records of | ||||||
10 | adults and
may not be open to public inspection or their | ||||||
11 | contents disclosed to the
public except by order of the court | ||||||
12 | or when the institution of criminal
proceedings has been | ||||||
13 | permitted under Section 5-130 or 5-805 or required
under | ||||||
14 | Section
5-130 or 5-805 or such a person has been convicted of a | ||||||
15 | crime and is the
subject of
pre-sentence investigation or when | ||||||
16 | provided by law.
| ||||||
17 | (6) Except as otherwise provided in this subsection (6), | ||||||
18 | law enforcement
officers, and personnel of an independent | ||||||
19 | agency created by ordinance and charged by a unit of local | ||||||
20 | government with the duty of investigating the conduct of law | ||||||
21 | enforcement officers, may not disclose the identity of any | ||||||
22 | minor
in releasing information to the general public as to the | ||||||
23 | arrest, investigation
or disposition of any case involving a | ||||||
24 | minor.
Any victim or parent or legal guardian of a victim may | ||||||
25 | petition the court to
disclose the name and address of the | ||||||
26 | 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 | The changes made to this Section by this amendatory Act of | ||||||
23 | the 98th General Assembly apply to law enforcement records of a | ||||||
24 | minor who has been arrested or taken into custody on or after | ||||||
25 | the effective date of this amendatory Act. | ||||||
26 | (Source: P.A. 96-419, eff. 8-13-09; 96-1414, eff. 1-1-11; |
| |||||||
| |||||||
1 | 97-700, eff. 6-22-12; 97-1104, eff. 1-1-13; 97-1150, eff. | ||||||
2 | 1-25-13.)
| ||||||
3 | (705 ILCS 405/5-915)
| ||||||
4 | Sec. 5-915. Expungement of juvenile law enforcement and | ||||||
5 | court records.
| ||||||
6 | (0.05) For purposes of this Section and Section 5-622: | ||||||
7 | "Expunge" means to physically destroy the records and | ||||||
8 | to obliterate the minor's name from any official index or | ||||||
9 | public record, or both. Nothing in this Act shall require | ||||||
10 | the physical destruction of the internal office records, | ||||||
11 | files, or databases maintained by a State's Attorney's | ||||||
12 | Office or other prosecutor. | ||||||
13 | "Law enforcement record" includes but is not limited to | ||||||
14 | records of arrest, station adjustments, fingerprints, | ||||||
15 | probation adjustments, the issuance of a notice to appear, | ||||||
16 | or any other records maintained by a law enforcement agency | ||||||
17 | relating to a minor suspected of committing an offense. | ||||||
18 | (1) Whenever any person has attained the age of 18 17 or | ||||||
19 | whenever all juvenile
court proceedings relating to that person | ||||||
20 | have been terminated, whichever is
later, the person may | ||||||
21 | petition the court to expunge law enforcement records
relating | ||||||
22 | to incidents occurring before his or her 18th 17th birthday or | ||||||
23 | his or her
juvenile court
records, or both, but only in the | ||||||
24 | following circumstances:
| ||||||
25 | (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, Class C misdemeanor, or a | ||||||
10 | petty or business offense if committed by an adult.
| ||||||
11 | (2) Any person may petition the court to expunge all law | ||||||
12 | enforcement records
relating to any
incidents occurring before | ||||||
13 | his or her 18th 17th birthday which did not result in
| ||||||
14 | proceedings in criminal court and all juvenile court records | ||||||
15 | with respect to
any adjudications except those based upon first | ||||||
16 | degree
murder and
sex offenses which would be felonies if | ||||||
17 | committed by an adult, if the person
for whom expungement is | ||||||
18 | sought has had no
convictions for any crime since his or her | ||||||
19 | 18th 17th birthday and:
| ||||||
20 | (a) has attained the age of 21 years; or
| ||||||
21 | (b) 5 years have elapsed since all juvenile court | ||||||
22 | proceedings relating to
him or her have been terminated or | ||||||
23 | his or her commitment to the Department of
Juvenile Justice
| ||||||
24 | pursuant to this Act has been terminated;
| ||||||
25 | whichever is later of (a) or (b). Nothing in this Section 5-915 | ||||||
26 | precludes a minor from obtaining expungement under Section |
| |||||||
| |||||||
1 | 5-622. | ||||||
2 | (2.5) If a minor is arrested and no petition for | ||||||
3 | delinquency is filed with the clerk of the circuit court as | ||||||
4 | provided in paragraph (a) of subsection (1) at the time the | ||||||
5 | minor is released from custody, the youth officer, if | ||||||
6 | applicable, or other designated person from the arresting | ||||||
7 | agency, shall notify verbally and in writing to the minor or | ||||||
8 | the minor's parents or guardians that if the State's Attorney | ||||||
9 | does not file a petition for delinquency, the minor has a right | ||||||
10 | to petition to have his or her arrest record expunged when the | ||||||
11 | minor attains the age of 18 17 or when all juvenile court | ||||||
12 | proceedings relating to that minor have been terminated and | ||||||
13 | that unless a petition to expunge is filed, the minor shall | ||||||
14 | have an arrest record and shall provide the minor and the | ||||||
15 | minor's parents or guardians with an expungement information | ||||||
16 | packet, including a petition to expunge juvenile records | ||||||
17 | obtained from the clerk of the circuit court. | ||||||
18 | (2.6) If a minor is charged with an offense and is found | ||||||
19 | not delinquent of that offense; or if a minor is placed under | ||||||
20 | supervision under Section 5-615, and the order of supervision | ||||||
21 | is successfully terminated; or if a minor is adjudicated for an | ||||||
22 | offense that would be a Class B misdemeanor, a Class C | ||||||
23 | misdemeanor, or a business or petty offense if committed by an | ||||||
24 | adult; or if a minor has incidents occurring before his or her | ||||||
25 | 18th 17th birthday that have not resulted in proceedings in | ||||||
26 | criminal court, or resulted in proceedings in juvenile court, |
| |||||||
| |||||||
1 | and the adjudications were not based upon first degree murder | ||||||
2 | or sex offenses that would be felonies if committed by an | ||||||
3 | adult; then at the time of sentencing or dismissal of the case, | ||||||
4 | the judge shall inform the delinquent minor of his or her right | ||||||
5 | to petition for expungement as provided by law, and the clerk | ||||||
6 | of the circuit court shall provide an expungement information | ||||||
7 | packet to the delinquent minor, written in plain language, | ||||||
8 | including a petition for expungement, a sample of a completed | ||||||
9 | petition, expungement instructions that shall include | ||||||
10 | information informing the minor that (i) once the case is | ||||||
11 | expunged, it shall be treated as if it never occurred, (ii) he | ||||||
12 | or she may apply to have petition fees waived, (iii) once he or | ||||||
13 | she obtains an expungement, he or she may not be required to | ||||||
14 | disclose that he or she had a juvenile record, and (iv) he or | ||||||
15 | she may file the petition on his or her own or with the | ||||||
16 | assistance of an attorney. The failure of the judge to inform | ||||||
17 | the delinquent minor of his or her right to petition for | ||||||
18 | expungement as provided by law does not create a substantive | ||||||
19 | right, nor is that failure grounds for: (i) a reversal of an | ||||||
20 | adjudication of delinquency, (ii) a new trial; or (iii) an | ||||||
21 | appeal. | ||||||
22 | (2.7) For counties with a population over 3,000,000, the | ||||||
23 | clerk of the circuit court shall send a "Notification of a | ||||||
24 | Possible Right to Expungement" post card to the minor at the | ||||||
25 | address last received by the clerk of the circuit court on the | ||||||
26 | date that the minor attains the age of 18 17 based on the |
| |||||||
| |||||||
1 | birthdate provided to the court by the minor or his or her | ||||||
2 | guardian in cases under paragraphs (b), (c), and (d) of | ||||||
3 | subsection (1); and when the minor attains the age of 21 based | ||||||
4 | on the birthdate provided to the court by the minor or his or | ||||||
5 | her guardian in cases under subsection (2). | ||||||
6 | (2.8) The petition for expungement for subsection (1) shall | ||||||
7 | be substantially in the following form: | ||||||
8 | IN THE CIRCUIT COURT OF ......, ILLINOIS
| ||||||
9 | ........ JUDICIAL CIRCUIT
| ||||||
10 | IN THE INTEREST OF ) NO.
| ||||||
11 | )
| ||||||
12 | )
| ||||||
13 | ...................)
| ||||||
14 | (Name of Petitioner) | ||||||
15 | PETITION TO EXPUNGE JUVENILE RECORDS | ||||||
16 | (705 ILCS 405/5-915 (SUBSECTION 1)) | ||||||
17 | (Please prepare a separate petition for each offense) | ||||||
18 | Now comes ............., petitioner, and respectfully requests
| ||||||
19 | that this Honorable Court enter an order expunging all juvenile | ||||||
20 | law enforcement and court records of petitioner and in support | ||||||
21 | thereof states that:
Petitioner has attained the age of 18 17 , | ||||||
22 | his/her birth date being ......, or all
Juvenile Court | ||||||
23 | proceedings terminated as of ......, whichever occurred later.
| ||||||
24 | Petitioner was arrested on ..... by the ....... Police |
| |||||||
| |||||||
1 | Department for the offense of ......., and:
| ||||||
2 | (Check One:)
| ||||||
3 | ( ) a. no petition was filed with the Clerk of the Circuit | ||||||
4 | Court. | ||||||
5 | ( ) b. was charged with ...... and was found not delinquent
of | ||||||
6 | the offense. | ||||||
7 | ( ) c. a petition was filed and the petition was dismissed | ||||||
8 | without a finding of delinquency on ..... | ||||||
9 | ( ) d. on ....... placed under supervision pursuant to Section | ||||||
10 | 5-615 of the Juvenile Court Act of 1987 and such order of | ||||||
11 | supervision successfully terminated on ........ | ||||||
12 | ( ) e. was adjudicated for the offense, which would have been a | ||||||
13 | Class B misdemeanor, a Class C misdemeanor, or a petty offense | ||||||
14 | or business offense if committed by an adult.
| ||||||
15 | Petitioner .... has .... has not been arrested on charges in | ||||||
16 | this or any county other than the charges listed above. If | ||||||
17 | petitioner has been arrested on additional charges, please list | ||||||
18 | the charges below:
| ||||||
19 | Charge(s): ...... | ||||||
20 | Arresting Agency or Agencies: ........... | ||||||
21 | Disposition/Result: (choose from a. through e., above): .....
| ||||||
22 | WHEREFORE, the petitioner respectfully requests this Honorable | ||||||
23 | Court to (1) order all law enforcement agencies to expunge all | ||||||
24 | records of petitioner to this incident, and (2) to order the | ||||||
25 | Clerk of the Court to expunge all records concerning the | ||||||
26 | petitioner regarding this incident. |
| |||||||
| |||||||
1 | ......................
| ||||||
2 | Petitioner (Signature)
| ||||||
3 | ..........................
| ||||||
4 | Petitioner's Street Address | ||||||
5 | .....................
| ||||||
6 | City, State, Zip Code | ||||||
7 | ............................. | ||||||
8 | Petitioner's Telephone Number | ||||||
9 | Pursuant to the penalties of perjury under the Code of Civil | ||||||
10 | Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||||||
11 | statements in this petition are true and correct, or on | ||||||
12 | information and belief I believe the same to be true. | ||||||
13 | ...................... | ||||||
14 | Petitioner (Signature)
| ||||||
15 | The Petition for Expungement for subsection (2) shall be | ||||||
16 | substantially in the following form: | ||||||
17 | IN THE CIRCUIT COURT OF ........, ILLINOIS | ||||||
18 | ........ JUDICIAL CIRCUIT |
| |||||||
| |||||||
1 | IN THE INTEREST OF ) NO.
| ||||||
2 | )
| ||||||
3 | )
| ||||||
4 | ...................)
| ||||||
5 | (Name of Petitioner) | ||||||
6 | PETITION TO EXPUNGE JUVENILE RECORDS
| ||||||
7 | (705 ILCS 405/5-915 (SUBSECTION 2))
| ||||||
8 | (Please prepare a separate petition for each offense)
| ||||||
9 | Now comes ............, petitioner, and respectfully requests | ||||||
10 | that this Honorable Court enter an order expunging all Juvenile | ||||||
11 | Law Enforcement and Court records of petitioner and in support | ||||||
12 | thereof states that: | ||||||
13 | The incident for which the Petitioner seeks expungement | ||||||
14 | occurred before the Petitioner's 18th 17th birthday and did not | ||||||
15 | result in proceedings in criminal court and the Petitioner has | ||||||
16 | not had any convictions for any crime since his/her 18th 17th | ||||||
17 | birthday; and
| ||||||
18 | The incident for which the Petitioner seeks expungement | ||||||
19 | occurred before the Petitioner's 18th 17th birthday and the | ||||||
20 | adjudication was not based upon first-degree murder or sex | ||||||
21 | offenses which would be felonies if committed by an adult, and | ||||||
22 | the Petitioner has not had any convictions for any crime since | ||||||
23 | his/her 18th 17th birthday. | ||||||
24 | Petitioner was arrested on ...... by the ....... Police | ||||||
25 | Department for the offense of ........, and: |
| |||||||
| |||||||
1 | (Check whichever one occurred the latest:) | ||||||
2 | ( ) a. The Petitioner has attained the age of 21 years, his/her | ||||||
3 | birthday being .......; or | ||||||
4 | ( ) b. 5 years have elapsed since all juvenile court | ||||||
5 | proceedings relating to the Petitioner have been terminated; or | ||||||
6 | the Petitioner's commitment to the Department of Juvenile | ||||||
7 | Justice
pursuant to the expungement of juvenile law enforcement | ||||||
8 | and court records provisions of the Juvenile Court Act of 1987 | ||||||
9 | has been terminated.
Petitioner ...has ...has not been arrested | ||||||
10 | on charges in this or any other county other than the charge | ||||||
11 | listed above. If petitioner has been arrested on additional | ||||||
12 | charges, please list the charges below: | ||||||
13 | Charge(s): .......... | ||||||
14 | Arresting Agency or Agencies: ....... | ||||||
15 | Disposition/Result: (choose from a or b, above): .......... | ||||||
16 | WHEREFORE, the petitioner respectfully requests this Honorable | ||||||
17 | Court to (1) order all law enforcement agencies to expunge all | ||||||
18 | records of petitioner related to this incident, and (2) to | ||||||
19 | order the Clerk of the Court to expunge all records concerning | ||||||
20 | the petitioner regarding this incident. | ||||||
21 | .......................
| ||||||
22 | Petitioner (Signature) | ||||||
23 | ...................... | ||||||
24 | Petitioner's Street Address
|
| |||||||
| |||||||
1 | ..................... | ||||||
2 | City, State, Zip Code | ||||||
3 | ............................. | ||||||
4 | Petitioner's Telephone Number
| ||||||
5 | Pursuant to the penalties of perjury under the Code of Civil | ||||||
6 | Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||||||
7 | statements in this petition are true and correct, or on | ||||||
8 | information and belief I believe the same to be true. | ||||||
9 | ...................... | ||||||
10 | Petitioner (Signature)
| ||||||
11 | (3) The chief judge of the circuit in which an arrest was | ||||||
12 | made or a charge
was brought or any
judge of that circuit | ||||||
13 | designated by the chief judge
may, upon verified petition
of a | ||||||
14 | person who is the subject of an arrest or a juvenile court | ||||||
15 | proceeding
under subsection (1) or (2) of this Section, order | ||||||
16 | the law enforcement
records or official court file, or both, to | ||||||
17 | be expunged from the official
records of the arresting | ||||||
18 | authority, the clerk of the circuit court and the
Department of | ||||||
19 | State Police. The person whose records are to be expunged shall | ||||||
20 | petition the court using the appropriate form containing his or | ||||||
21 | her current address and shall promptly notify the clerk of the | ||||||
22 | circuit court of any change of address. Notice
of the petition | ||||||
23 | shall be served upon the State's Attorney or prosecutor charged | ||||||
24 | with the duty of prosecuting the offense, the Department of |
| |||||||
| |||||||
1 | State Police, and the arresting agency or agencies by the clerk | ||||||
2 | of the circuit court. If an objection is filed within 45
days | ||||||
3 | of the notice of the petition, the clerk of the circuit court | ||||||
4 | shall set a date for hearing after the 45
day objection period. | ||||||
5 | At the hearing the court shall hear evidence on whether the | ||||||
6 | expungement should or should not be granted. Unless the State's | ||||||
7 | Attorney or prosecutor, the Department of State Police, or an | ||||||
8 | arresting agency objects to the expungement within 45
days of | ||||||
9 | the notice, the court may enter an order granting expungement. | ||||||
10 | The person whose records are to be expunged shall pay the clerk | ||||||
11 | of the circuit court a fee equivalent to the cost associated | ||||||
12 | with expungement of records by the clerk and the Department of | ||||||
13 | State Police. The clerk shall forward a certified copy of the | ||||||
14 | order to the Department of State Police, the appropriate | ||||||
15 | portion of the fee to the Department of State Police for | ||||||
16 | processing, and deliver a certified copy of the order to the | ||||||
17 | arresting agency.
| ||||||
18 | (3.1) The Notice of Expungement shall be in substantially | ||||||
19 | the following form: | ||||||
20 | IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||||||
21 | .... JUDICIAL CIRCUIT
| ||||||
22 | IN THE INTEREST OF ) NO.
| ||||||
23 | )
| ||||||
24 | )
| ||||||
25 | ...................)
|
| |||||||
| |||||||
1 | (Name of Petitioner) | ||||||
2 | NOTICE
| ||||||
3 | TO: State's Attorney
| ||||||
4 | TO: Arresting Agency
| ||||||
5 |
| ||||||
6 | ................
| ||||||
7 | ................
| ||||||
8 |
| ||||||
9 | ................
| ||||||
10 | ................
| ||||||
11 | TO: Illinois State Police
| ||||||
12 |
| ||||||
13 | .....................
| ||||||
14 |
| ||||||
15 | .....................
| ||||||
16 | ATTENTION: Expungement
| ||||||
17 | You are hereby notified that on ....., at ....., in courtroom | ||||||
18 | ..., located at ..., before the Honorable ..., Judge, or any | ||||||
19 | judge sitting in his/her stead, I shall then and there present | ||||||
20 | a Petition to Expunge Juvenile records in the above-entitled | ||||||
21 | matter, at which time and place you may appear. | ||||||
22 | ...................... | ||||||
23 | Petitioner's Signature | ||||||
24 | ...........................
| ||||||
25 | Petitioner's Street Address |
| |||||||
| |||||||
1 | .....................
| ||||||
2 | City, State, Zip Code | ||||||
3 | ............................. | ||||||
4 | Petitioner's Telephone Number | ||||||
5 | PROOF OF SERVICE
| ||||||
6 | On the ....... day of ......, 20..., I on oath state that I | ||||||
7 | served this notice and true and correct copies of the | ||||||
8 | above-checked documents by: | ||||||
9 | (Check One:) | ||||||
10 | delivering copies personally to each entity to whom they are | ||||||
11 | directed; | ||||||
12 | or | ||||||
13 | by mailing copies to each entity to whom they are directed by | ||||||
14 | depositing the same in the U.S. Mail, proper postage fully | ||||||
15 | prepaid, before the hour of 5:00 p.m., at the United States | ||||||
16 | Postal Depository located at ................. | ||||||
17 | .........................................
| ||||||
18 |
| ||||||
19 | Signature | ||||||
20 | Clerk of the Circuit Court or Deputy Clerk | ||||||
21 | Printed Name of Delinquent Minor/Petitioner: .... | ||||||
22 | Address: ........................................ | ||||||
23 | Telephone Number: ............................... | ||||||
24 | (3.2) The Order of Expungement shall be in substantially | ||||||
25 | the following form: | ||||||
26 | IN THE CIRCUIT COURT OF ....., ILLINOIS
|
| |||||||
| |||||||
1 | .... JUDICIAL CIRCUIT
| ||||||
2 | IN THE INTEREST OF ) NO.
| ||||||
3 | )
| ||||||
4 | )
| ||||||
5 | ...................)
| ||||||
6 | (Name of Petitioner)
| ||||||
7 | DOB ................ | ||||||
8 | Arresting Agency/Agencies ...... | ||||||
9 | ORDER OF EXPUNGEMENT
| ||||||
10 | (705 ILCS 405/5-915 (SUBSECTION 3))
| ||||||
11 | This matter having been heard on the petitioner's motion and | ||||||
12 | the court being fully advised in the premises does find that | ||||||
13 | the petitioner is indigent or has presented reasonable cause to | ||||||
14 | waive all costs in this matter, IT IS HEREBY ORDERED that: | ||||||
15 | ( ) 1. Clerk of Court and Department of State Police costs | ||||||
16 | are hereby waived in this matter. | ||||||
17 | ( ) 2. The Illinois State Police Bureau of Identification | ||||||
18 | and the following law enforcement agencies expunge all records | ||||||
19 | of petitioner relating to an arrest dated ...... for the | ||||||
20 | offense of ...... | ||||||
21 | Law Enforcement Agencies:
| ||||||
22 | .........................
| ||||||
23 | .........................
| ||||||
24 | ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit |
| |||||||
| |||||||
1 | Court expunge all records regarding the above-captioned case. | ||||||
2 | ENTER: ......................
| ||||||
3 |
| ||||||
4 | JUDGE | ||||||
5 | DATED: ....... | ||||||
6 | Name:
| ||||||
7 | Attorney for:
| ||||||
8 | Address:
City/State/Zip:
| ||||||
9 | Attorney Number: | ||||||
10 | (3.3) The Notice of Objection shall be in substantially the | ||||||
11 | following form: | ||||||
12 | IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||||||
13 | ....................... JUDICIAL CIRCUIT
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14 | IN THE INTEREST OF ) NO.
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15 | )
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16 | )
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17 | ...................)
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18 | (Name of Petitioner) | ||||||
19 | NOTICE OF OBJECTION
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20 | TO:(Attorney, Public Defender, Minor)
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21 | .................................
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22 | .................................
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23 | TO:(Illinois State Police)
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24 | .................................
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1 | ................................. | ||||||
2 | TO:(Clerk of the Court)
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3 | .................................
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4 | .................................
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5 | TO:(Judge)
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6 | .................................
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7 | .................................
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8 | TO:(Arresting Agency/Agencies)
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9 | .................................
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10 | ................................. | ||||||
11 | ATTENTION:
You are hereby notified that an objection has been | ||||||
12 | filed by the following entity regarding the above-named minor's | ||||||
13 | petition for expungement of juvenile records: | ||||||
14 | ( ) State's Attorney's Office;
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15 | ( ) Prosecutor (other than State's Attorney's Office) charged | ||||||
16 | with the duty of prosecuting the offense sought to be expunged;
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17 | ( ) Department of Illinois State Police; or
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18 | ( ) Arresting Agency or Agencies.
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19 | The agency checked above respectfully requests that this case | ||||||
20 | be continued and set for hearing on whether the expungement | ||||||
21 | should or should not be granted.
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22 | DATED: ....... | ||||||
23 | Name: | ||||||
24 | Attorney For:
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25 | Address: | ||||||
26 | City/State/Zip:
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1 | Telephone:
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2 | Attorney No.:
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3 | FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
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4 | This matter has been set for hearing on the foregoing | ||||||
5 | objection, on ...... in room ...., located at ....., before the | ||||||
6 | Honorable ....., Judge, or any judge sitting in his/her stead.
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7 | (Only one hearing shall be set, regardless of the number of | ||||||
8 | Notices of Objection received on the same case).
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9 | A copy of this completed Notice of Objection containing the | ||||||
10 | court date, time, and location, has been sent via regular U.S. | ||||||
11 | Mail to the following entities. (If more than one Notice of | ||||||
12 | Objection is received on the same case, each one must be | ||||||
13 | completed with the court date, time and location and mailed to | ||||||
14 | the following entities):
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15 | ( ) Attorney, Public Defender or Minor;
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16 | ( ) State's Attorney's Office; | ||||||
17 | ( ) Prosecutor (other than State's Attorney's Office) charged | ||||||
18 | with the duty of prosecuting the offense sought to be expunged; | ||||||
19 | ( ) Department of Illinois State Police; and | ||||||
20 | ( ) Arresting agency or agencies.
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21 | Date: ...... | ||||||
22 | Initials of Clerk completing this section: .....
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23 | (4) Upon entry of an order expunging records or files, the | ||||||
24 | offense, which
the records or files concern shall be treated as | ||||||
25 | if it never occurred. Law
enforcement officers and other public | ||||||
26 | offices and agencies shall properly reply
on inquiry that no |
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1 | record or file exists with respect to the
person.
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2 | (5) Records which have not been expunged are sealed, and | ||||||
3 | may be obtained
only under the provisions of Sections 5-901, | ||||||
4 | 5-905 and 5-915.
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5 | (6) Nothing in this Section shall be construed to prohibit | ||||||
6 | the maintenance
of information relating to an offense after | ||||||
7 | records or files concerning the
offense have been expunged if | ||||||
8 | the information is kept in a manner that does not
enable | ||||||
9 | identification of the offender. This information may only be | ||||||
10 | used for
statistical and bona fide research purposes. | ||||||
11 | (7)(a) The State Appellate Defender shall establish, | ||||||
12 | maintain, and carry out, by December 31, 2004, a juvenile | ||||||
13 | expungement program
to provide information and assistance to | ||||||
14 | minors eligible to have their juvenile records expunged.
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15 | (b) The State Appellate Defender shall develop brochures, | ||||||
16 | pamphlets, and
other
materials in
printed form and through the | ||||||
17 | agency's World Wide Web site. The pamphlets and
other materials | ||||||
18 | shall
include at a minimum the following information:
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19 | (i) An explanation of the State's juvenile expungement | ||||||
20 | process; | ||||||
21 | (ii) The circumstances under which juvenile | ||||||
22 | expungement may occur; | ||||||
23 | (iii) The juvenile offenses that may be expunged; | ||||||
24 | (iv) The steps necessary to initiate and complete the | ||||||
25 | juvenile expungement process;
and | ||||||
26 | (v) Directions on how to contact the State Appellate |
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1 | Defender. | ||||||
2 | (c) The State Appellate Defender shall establish and | ||||||
3 | maintain a statewide
toll-free telephone
number that a person | ||||||
4 | may use to receive information or assistance concerning
the | ||||||
5 | expungement of juvenile records. The State Appellate
Defender | ||||||
6 | shall advertise
the toll-free telephone number statewide. The | ||||||
7 | State Appellate Defender shall
develop an expungement
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8 | information packet that may be sent to eligible persons seeking | ||||||
9 | expungement of
their juvenile records,
which may include, but | ||||||
10 | is not limited to, a pre-printed expungement petition
with | ||||||
11 | instructions on how
to complete the petition and a pamphlet | ||||||
12 | containing information that would
assist individuals through
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13 | the juvenile expungement process. | ||||||
14 | (d) The State Appellate Defender shall compile a statewide | ||||||
15 | list of volunteer
attorneys willing
to assist eligible | ||||||
16 | individuals through the juvenile expungement process. | ||||||
17 | (e) This Section shall be implemented from funds | ||||||
18 | appropriated by the General
Assembly to the State
Appellate | ||||||
19 | Defender
for this purpose. The State Appellate Defender shall | ||||||
20 | employ the necessary staff
and adopt the
necessary rules for | ||||||
21 | implementation of this Section. | ||||||
22 | (8)(a) Except with respect to law enforcement agencies, the | ||||||
23 | Department of Corrections, State's Attorneys, or other | ||||||
24 | prosecutors, an expunged juvenile record may not be considered | ||||||
25 | by any private or public entity in employment matters, | ||||||
26 | certification, licensing, revocation of certification or |
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1 | licensure, or registration. Applications for employment must | ||||||
2 | contain specific language that states that the applicant is not | ||||||
3 | obligated to disclose expunged juvenile records of conviction | ||||||
4 | or arrest. Employers may not ask if an applicant has had a | ||||||
5 | juvenile record expunged. Effective January 1, 2005, the | ||||||
6 | Department of Labor shall develop a link on the Department's | ||||||
7 | website to inform employers that employers may not ask if an | ||||||
8 | applicant had a juvenile record expunged and that application | ||||||
9 | for employment must contain specific language that states that | ||||||
10 | the applicant is not obligated to disclose expunged juvenile | ||||||
11 | records of arrest or conviction. | ||||||
12 | (b) A person whose juvenile records have been expunged is | ||||||
13 | not entitled to remission of any fines, costs, or other money | ||||||
14 | paid as a consequence of expungement. This amendatory Act of | ||||||
15 | the 93rd General Assembly does not affect the right of the | ||||||
16 | victim of a crime to prosecute or defend a civil action for | ||||||
17 | damages.
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18 | (c) The expungement of juvenile records under Section 5-622 | ||||||
19 | shall be funded by the additional fine imposed under Section | ||||||
20 | 5-9-1.17 of the Unified Code of Corrections and additional | ||||||
21 | appropriations made by the General Assembly for such purpose. | ||||||
22 | The changes made to this Section by this amendatory Act of | ||||||
23 | the 98th General Assembly apply to law enforcement records of a | ||||||
24 | minor who has been arrested or taken into custody on or after | ||||||
25 | the effective date of this amendatory Act. | ||||||
26 | (Source: P.A. 95-861, eff. 1-1-09; 96-707, eff. 1-1-10.)
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