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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 5-305 and 6-1 as follows:
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6 | (705 ILCS 405/5-305)
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7 | Sec. 5-305. Probation adjustment.
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8 | (1) The court may authorize the probation officer to confer | ||||||
9 | in a
preliminary conference with a minor who is alleged to have | ||||||
10 | committed an
offense, his or her parent, guardian or legal | ||||||
11 | custodian, the victim, the
juvenile police officer, the State's | ||||||
12 | Attorney, and other interested
persons concerning the | ||||||
13 | advisability of filing a petition under Section
5-520,
with a | ||||||
14 | view to adjusting suitable cases without the filing of a | ||||||
15 | petition as
provided for in this Article, the probation officer | ||||||
16 | should schedule a
conference
promptly except when the State's | ||||||
17 | Attorney insists on court action or when the
minor has | ||||||
18 | indicated that he or she will demand a judicial hearing and | ||||||
19 | will not
comply
with a probation adjustment.
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20 | (1-b) In any case of a minor who is in custody, the holding | ||||||
21 | of a
probation adjustment conference does not operate to | ||||||
22 | prolong temporary custody
beyond the period permitted by | ||||||
23 | Section 5-415.
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1 | (2) This Section does not authorize any probation officer | ||||||
2 | to compel any
person to appear at any conference, produce any | ||||||
3 | papers, or visit any place.
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4 | (3) No statement made during a preliminary conference in | ||||||
5 | regard to the
offense that is the subject of the conference may | ||||||
6 | be admitted into evidence at
an adjudicatory hearing or at any
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7 | proceeding against the minor under the criminal laws of this | ||||||
8 | State prior to his
or her conviction under those laws.
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9 | (4) When a probation adjustment is appropriate, the | ||||||
10 | probation officer shall
promptly formulate a written, | ||||||
11 | non-judicial adjustment plan following the
initial conference.
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12 | (5) Non-judicial probation adjustment plans include but | ||||||
13 | are not limited to
the following:
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14 | (a) up to 6 months informal supervision within the | ||||||
15 | family;
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16 | (b) up to 12 months informal supervision with a | ||||||
17 | probation officer
involved which may include any | ||||||
18 | conditions of probation provided in Section
5-715;
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19 | (c) up to 6 months informal supervision with release to | ||||||
20 | a person other
than
a parent;
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21 | (d) referral to special educational, counseling, or | ||||||
22 | other rehabilitative
social or educational programs;
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23 | (e) referral to residential treatment programs;
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24 | (f) participation in a public or community service | ||||||
25 | program or activity;
and
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26 | (g) any other appropriate action with the consent of |
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1 | the minor and a
parent.
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2 | (6) The factors to be considered by the probation officer | ||||||
3 | in formulating a
non-judicial probation adjustment plan shall | ||||||
4 | be the same as those limited in
subsection (4) of Section | ||||||
5 | 5-405.
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6 | (7) Beginning January 1, 2000,
the probation officer who | ||||||
7 | imposes a probation adjustment plan shall
assure
that | ||||||
8 | information about an offense which would constitute a felony if | ||||||
9 | committed
by an adult, and may assure that information about a | ||||||
10 | misdemeanor offense, is
transmitted to the Department of State | ||||||
11 | Police.
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12 | (8) If the minor fails to comply with any term or condition | ||||||
13 | of the non-judicial probation adjustment, the matter
shall be | ||||||
14 | referred to the State's Attorney for determination of whether a | ||||||
15 | petition under this Article shall be
filed. | ||||||
16 | (Source: P.A. 92-329, eff. 8-9-01.)
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17 | (705 ILCS 405/6-1) (from Ch. 37, par. 806-1)
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18 | Sec. 6-1. Probation departments; functions and duties.
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19 | (1) The chief judge of each circuit shall make provision | ||||||
20 | for probation
services for each county in his or her circuit. | ||||||
21 | The appointment of officers
to probation or court services | ||||||
22 | departments and the administration of such
departments shall be | ||||||
23 | governed by the provisions of the Probation and
Probation | ||||||
24 | Officers Act.
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25 | (2) Every county or every group of counties constituting a |
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1 | probation
district shall maintain a court services or probation
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2 | department subject to the provisions of the Probation and | ||||||
3 | Probation
Officers Act. For the purposes of this Act, such a | ||||||
4 | court services or
probation department has, but is not limited | ||||||
5 | to, the following powers and
duties:
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6 | (a) When authorized or directed by the court, to | ||||||
7 | receive, investigate
and evaluate complaints indicating | ||||||
8 | dependency, requirement of authoritative
intervention, | ||||||
9 | addiction or delinquency within the meaning of Sections | ||||||
10 | 2-3, 2-4,
3-3, 4-3 or 5-105, respectively; to determine or | ||||||
11 | assist the complainant in
determining whether a petition | ||||||
12 | should be filed under Sections 2-13, 3-15, 4-12
or 5-520 or | ||||||
13 | whether referral should be made to an agency, association | ||||||
14 | or other
person or whether some other action is advisable; | ||||||
15 | and to see that the
indicating filing, referral or other | ||||||
16 | action is accomplished. However, no such
investigation, | ||||||
17 | evaluation or supervision by such court services or | ||||||
18 | probation
department is to occur with regard to complaints | ||||||
19 | indicating only that a minor
may be a chronic or habitual | ||||||
20 | truant.
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21 | (a-1) To confer in a preliminary conference, with a | ||||||
22 | view to adjusting suitable cases without
the filing of a | ||||||
23 | petition as provided for in Section 2-12 or Section 5-305.
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24 | (b) When a petition is filed under Section 2-13, 3-15, | ||||||
25 | 4-15 or 5-520, to
make pre-adjudicatory pre-hearing | ||||||
26 | investigations and formulate recommendations to the court
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1 | when the court has authorized or directed the department to | ||||||
2 | do so.
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3 | (b-1) When authorized or directed by the court, and | ||||||
4 | with the consent of the party
respondents and the State's | ||||||
5 | Attorney, to confer in a pre-adjudicatory conference, with | ||||||
6 | a view to
adjusting suitable cases as provided for in | ||||||
7 | Section 2-12 or Section 5-305.
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8 | (c) To counsel and, by order of the court, to supervise | ||||||
9 | minors referred
to the court; to conduct indicated programs | ||||||
10 | of casework, including
referrals for medical and mental | ||||||
11 | health service, organized recreation
and job placement for | ||||||
12 | wards of the court and, when appropriate, for
members of | ||||||
13 | the family of a ward; to act as liaison officer between the
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14 | court and agencies or associations to which minors are | ||||||
15 | referred or
through which they are placed; when so | ||||||
16 | appointed, to serve as guardian
of the person of a ward of | ||||||
17 | the court; to provide probation supervision
and protective | ||||||
18 | supervision ordered by the court; and to provide like
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19 | services to wards and probationers of courts in other | ||||||
20 | counties or
jurisdictions who have lawfully become local | ||||||
21 | residents.
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22 | (d) To arrange for placements pursuant to court order.
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23 | (e) To assume administrative responsibility for such | ||||||
24 | detention,
shelter care and other institutions for minors | ||||||
25 | as the court may operate.
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26 | (f) To maintain an adequate system of case records, |
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1 | statistical
records, and financial records related to | ||||||
2 | juvenile detention and shelter
care and to make reports to | ||||||
3 | the court and other authorized persons, and to
the Supreme | ||||||
4 | Court pursuant to the Probation and Probation Officers Act.
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5 | (g) To perform such other services as may be | ||||||
6 | appropriate to
effectuate the purposes of this Act or as | ||||||
7 | may be directed by any order
of court made under this Act.
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8 | (3) The court services or probation department in any | ||||||
9 | probation district
or county having less than 1,000,000 | ||||||
10 | inhabitants, or any personnel of the
department, may be | ||||||
11 | required by the circuit court to render services to the
court | ||||||
12 | in other matters as well as proceedings under this Act.
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13 | (4) In any county or probation district, a probation | ||||||
14 | department
may be established as a separate division of a more | ||||||
15 | inclusive department
of court services, with any appropriate | ||||||
16 | divisional designation. The
organization of any such | ||||||
17 | department of court services and the appointment
of officers | ||||||
18 | and other personnel must comply with the Probation and
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19 | Probations Officers Act.
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20 | (5) For purposes of this Act only, probation officers | ||||||
21 | appointed to
probation or court services
departments shall be | ||||||
22 | considered peace officers. In the
exercise of their official | ||||||
23 | duties, probation officers, sheriffs, and police
officers may, | ||||||
24 | anywhere within the State, arrest any minor who is in violation
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25 | of any of the conditions of his or her probation, continuance | ||||||
26 | under
supervision, or
informal supervision, and it shall be the |
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1 | duty of the officer making the arrest
to take the minor before | ||||||
2 | the court having jurisdiction over the minor for
further
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3 | action.
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4 | (Source: P.A. 93-576, eff. 1-1-04.)
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