HB4610 93RD GENERAL ASSEMBLY

LRB093 19450 RLC 45188 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4610

Introduced 02/04/04, by Annazette Collins

SYNOPSIS AS INTRODUCED:

705 ILCS 405/1-7	from Ch. 37, par. 801-7
705 ILCS 405/1-8	from Ch. 37, par. 801-8
705 ILCS 405/1-9	from Ch. 37, par. 801-9
705 ILCS 405/2-10	from Ch. 37, par. 802-10
705 ILCS 405/3-12	from Ch. 37, par. 803-12
705 ILCS 405/4-9	from Ch. 37, par. 804-9
705 ILCS 405/5-105
705 ILCS 405/5-120
705 ILCS 405/5-407
705 ILCS 405/5-410
705 ILCS 405/5-805
705 ILCS 405/5-810
705 ILCS 405/5-901
705 ILCS 405/5-905
705 ILCS 405/5-915
705 ILCS 405/5-130 rep.
725 ILCS 5/115-10.5
730 ILCS 5/3-2-2	from Ch. 38, par. 1003-2-2

Amends the Juvenile Court Act of 1987, the Code of Criminal Procedure of 1963, and the Unified Code of Corrections. Provides that persons under 18 years of age (rather than under 17 years of age) who commit offenses are subject to the proceedings under the Act for delinquent minors. Eliminates provisions requiring the mandatory transfer of minors to adult criminal court for prosecution of certain enumerated offenses.

A BILL FOR

AN ACT in relation to minors.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

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		5-407, 5-410, 5-805, 5-810, 5-901, 5-905, and 5-915 as follows:
7		(705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
8		Sec. 1-7. Confidentiality of law enforcement records.
9		(A) Inspection and copying of law enforcement records
10		maintained by law enforcement agencies that relate to a minor
11		who has been arrested or taken into custody before his or her
12		18th 17th birthday shall be restricted to the following:
13		(1) Any local, State or federal law enforcement
14		officers of any jurisdiction or agency when necessary for
15		the discharge of their official duties during the
16		investigation or prosecution of a crime or relating to a
17		minor who has been adjudicated delinquent and there has
18		been a previous finding that the act which constitutes the
19		previous offense was committed in furtherance of criminal
20		activities by a criminal street gang. For purposes of this
21		Section, "criminal street gang" has the meaning ascribed to
22		it in Section 10 of the Illinois Streetgang Terrorism
23		Omnibus Prevention Act.
24		(2) Prosecutors, probation officers, social workers,
25		or other individuals assigned by the court to conduct a
26		pre-adjudication or pre-disposition investigation, and
27		individuals responsible for supervising or providing
28		temporary or permanent care and custody for minors pursuant
29		to the order of the juvenile court, when essential to
30		performing their responsibilities.
31		(3) Prosecutors and probation officers:
32		(a) in the course of a trial when institution of

1		criminal proceedings has been permitted or required
2		under Section 5-805; or
3		(b) when institution of criminal proceedings has
4		been permitted or required under Section 5-805 and such
5		minor is the subject of a proceeding to determine the
6		amount of bail; or
7		(c) when criminal proceedings have been permitted
8		or required under Section 5-805 and such minor is the
9		subject of a pre-trial investigation, pre-sentence
10		investigation, fitness hearing, or proceedings on an
11		application for probation.
12		(4) Adult and Juvenile Prisoner Review Board.
13		(5) Authorized military personnel.
14		(6) Persons engaged in bona fide research, with the
15		permission of the Presiding Judge of the Juvenile Court and
16		the chief executive of the respective law enforcement
17		agency; provided that publication of such research results
18		in no disclosure of a minor's identity and protects the
19		confidentiality of the minor's record.
20		(7) Department of Children and Family Services child
21		protection investigators acting in their official
22		capacity.
23		(8) The appropriate school official. Inspection and
24		copying shall be limited to law enforcement records
25		transmitted to the appropriate school official by a local
26		law enforcement agency under a reciprocal reporting system
27		established and maintained between the school district and
28		the local law enforcement agency under Section 10-20.14 of
29		the School Code concerning a minor enrolled in a school
30		within the school district who has been arrested or taken
31		into custody for any of the following offenses:
32		(i) unlawful use of weapons under Section 24-1 of
33		the Criminal Code of 1961;
34		(ii) a violation of the Illinois Controlled
35		Substances Act;
36		(iii) a violation of the Cannabis Control Act; or

1		(iv) a forcible felony as defined in Section 2-8 of
2		the Criminal Code of 1961.
3		(9) Mental health professionals on behalf of the
4		Illinois Department of Corrections or the Department of
5		Human Services or prosecutors who are evaluating,
6		prosecuting, or investigating a potential or actual
7		petition brought under the Sexually Violent Persons
8		Commitment Act relating to a person who is the subject of
9		juvenile law enforcement records or the respondent to a
10		petition brought under the Sexually Violent Persons
11		Commitment Act who is the subject of the juvenile law
12		enforcement records sought. Any records and any
13		information obtained from those records under this
14		paragraph (9) may be used only in sexually violent persons
15		commitment proceedings.
16		(B) (1) Except as provided in paragraph (2), no law
17		enforcement officer or other person or agency may knowingly
18		transmit to the Department of Corrections, Adult Division
19		or the Department of State Police or to the Federal Bureau
20		of Investigation any fingerprint or photograph relating to
21		a minor who has been arrested or taken into custody before
22		his or her 18th 17th birthday, unless the court in
23		proceedings under this Act authorizes the transmission or
24		enters an order under Section 5-805 permitting or requiring
25		the institution of criminal proceedings.
26		(2) Law enforcement officers or other persons or
27		agencies shall transmit to the Department of State Police
28		copies of fingerprints and descriptions of all minors who
29		have been arrested or taken into custody before their 18th
30		17th birthday for the offense of unlawful use of weapons
31		under Article 24 of the Criminal Code of 1961, a Class X or
32		Class 1 felony, a forcible felony as defined in Section 2-8
33		of the Criminal Code of 1961, or a Class 2 or greater
34		felony under the Cannabis Control Act, the Illinois
35		Controlled Substances Act, or Chapter 4 of the Illinois
36		Vehicle Code, pursuant to Section 5 of the Criminal

1		Identification Act. Information reported to the Department
2		pursuant to this Section may be maintained with records
3		that the Department files pursuant to Section 2.1 of the
4		Criminal Identification Act. Nothing in this Act prohibits
5		a law enforcement agency from fingerprinting a minor taken
6		into custody or arrested before his or her 18th 17th
7		birthday for an offense other than those listed in this
8		paragraph (2).
9		(C) The records of law enforcement officers concerning all
10		minors under 18 17 years of age must be maintained separate
11		from the records of arrests and may not be open to public
12		inspection or their contents disclosed to the public except by
13		order of the court or when the institution of criminal
14		proceedings has been permitted or required under Section 5-805
15		or such a person has been convicted of a crime and is the
16		subject of pre-sentence investigation or proceedings on an
17		application for probation or when provided by law.
18		(D) Nothing contained in subsection (C) of this Section
19		shall prohibit the inspection or disclosure to victims and
20		witnesses of photographs contained in the records of law
21		enforcement agencies when the inspection and disclosure is
22		conducted in the presence of a law enforcement officer for the
23		purpose of the identification or apprehension of any person
24		subject to the provisions of this Act or for the investigation
25		or prosecution of any crime.
26		(E) Law enforcement officers may not disclose the identity
27		of any minor in releasing information to the general public as
28		to the arrest, investigation or disposition of any case
29		involving a minor.
30		(F) Nothing contained in this Section shall prohibit law
31		enforcement agencies from communicating with each other by
32		letter, memorandum, teletype or intelligence alert bulletin or
33		other means the identity or other relevant information
34		pertaining to a person under 18 17 years of age if there are
35		reasonable grounds to believe that the person poses a real and
36		present danger to the safety of the public or law enforcement

1		officers. The information provided under this subsection (F)
2		shall remain confidential and shall not be publicly disclosed,
3		except as otherwise allowed by law.
4		(G) Nothing in this Section shall prohibit the right of a
5		Civil Service Commission or appointing authority of any state,
6		county or municipality examining the character and fitness of
7		an applicant for employment with a law enforcement agency,
8		correctional institution, or fire department from obtaining
9		and examining the records of any law enforcement agency
10		relating to any record of the applicant having been arrested or
11		taken into custody before the applicant's 18th 17th birthday.
12		(Source: P.A. 91-357, eff. 7-29-99; 91-368, eff. 1-1-00;
13		92-415, eff. 8-17-01.)
14		(705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
15		Sec. 1-8. Confidentiality and accessibility of juvenile
16		court records.
17		(A) Inspection and copying of juvenile court records
18		relating to a minor who is the subject of a proceeding under
19		this Act shall be restricted to the following:
20		(1) The minor who is the subject of record, his
21		parents, guardian and counsel.
22		(2) Law enforcement officers and law enforcement
23		agencies when such information is essential to executing an
24		arrest or search warrant or other compulsory process, or to
25		conducting an ongoing investigation or relating to a minor
26		who has been adjudicated delinquent and there has been a
27		previous finding that the act which constitutes the
28		previous offense was committed in furtherance of criminal
29		activities by a criminal street gang.
30		Before July 1, 1994, for the purposes of this Section,
31		"criminal street gang" means any ongoing organization,
32		association, or group of 3 or more persons, whether formal
33		or informal, having as one of its primary activities the
34		commission of one or more criminal acts and that has a
35		common name or common identifying sign, symbol or specific

1		color apparel displayed, and whose members individually or
2		collectively engage in or have engaged in a pattern of
3		criminal activity.
4		Beginning July 1, 1994, for purposes of this Section,
5		"criminal street gang" has the meaning ascribed to it in
6		Section 10 of the Illinois Streetgang Terrorism Omnibus
7		Prevention Act.
8		(3) Judges, hearing officers, prosecutors, probation
9		officers, social workers or other individuals assigned by
10		the court to conduct a pre-adjudication or predisposition
11		investigation, and individuals responsible for supervising
12		or providing temporary or permanent care and custody for
13		minors pursuant to the order of the juvenile court when
14		essential to performing their responsibilities.
15		(4) Judges, prosecutors and probation officers:
16		(a) in the course of a trial when institution of
17		criminal proceedings has been permitted or required
18		under Section 5-805; or
19		(b) when criminal proceedings have been permitted
20		or required under Section 5-805 and a minor is the
21		subject of a proceeding to determine the amount of
22		bail; or
23		(c) when criminal proceedings have been permitted
24		or required under Section 5-805 and a minor is the
25		subject of a pre-trial investigation, pre-sentence
26		investigation or fitness hearing, or proceedings on an
27		application for probation; or
28		(d) when a minor becomes 18 17 years of age or
29		older, and is the subject of criminal proceedings,
30		including a hearing to determine the amount of bail, a
31		pre-trial investigation, a pre-sentence investigation,
32		a fitness hearing, or proceedings on an application for
33		probation.
34		(5) Adult and Juvenile Prisoner Review Boards.
35		(6) Authorized military personnel.
36		(7) Victims, their subrogees and legal

1		representatives; however, such persons shall have access
2		only to the name and address of the minor and information
3		pertaining to the disposition or alternative adjustment
4		plan of the juvenile court.
5		(8) Persons engaged in bona fide research, with the
6		permission of the presiding judge of the juvenile court and
7		the chief executive of the agency that prepared the
8		particular records; provided that publication of such
9		research results in no disclosure of a minor's identity and
10		protects the confidentiality of the record.
11		(9) The Secretary of State to whom the Clerk of the
12		Court shall report the disposition of all cases, as
13		required in Section 6-204 of the Illinois Vehicle Code.
14		However, information reported relative to these offenses
15		shall be privileged and available only to the Secretary of
16		State, courts, and police officers.
17		(10) The administrator of a bonafide substance abuse
18		student assistance program with the permission of the
19		presiding judge of the juvenile court.
20		(11) Mental health professionals on behalf of the
21		Illinois Department of Corrections or the Department of
22		Human Services or prosecutors who are evaluating,
23		prosecuting, or investigating a potential or actual
24		petition brought under the Sexually Persons Commitment Act
25		relating to a person who is the subject of juvenile court
26		records or the respondent to a petition brought under the
27		Sexually Violent Persons Commitment Act, who is the subject
28		of juvenile court records sought. Any records and any
29		information obtained from those records under this
30		paragraph (11) may be used only in sexually violent persons
31		commitment proceedings.
32		(B) A minor who is the victim in a juvenile proceeding
33		shall be provided the same confidentiality regarding
34		disclosure of identity as the minor who is the subject of
35		record.
36		(C) Except as otherwise provided in this subsection (C),

1		juvenile court records shall not be made available to the
2		general public but may be inspected by representatives of
3		agencies, associations and news media or other properly
4		interested persons by general or special order of the court.
5		The State's Attorney, the minor, his parents, guardian and
6		counsel shall at all times have the right to examine court
7		files and records.
8		(1) The court shall allow the general public to have
9		access to the name, address, and offense of a minor who is
10		adjudicated a delinquent minor under this Act under either
11		of the following circumstances:
12		(A) The adjudication of delinquency was based upon
13		the minor's commission of first degree murder, attempt
14		to commit first degree murder, aggravated criminal
15		sexual assault, or criminal sexual assault; or
16		(B) The court has made a finding that the minor was
17		at least 13 years of age at the time the act was
18		committed and the adjudication of delinquency was
19		based upon the minor's commission of: (i) an act in
20		furtherance of the commission of a felony as a member
21		of or on behalf of a criminal street gang, (ii) an act
22		involving the use of a firearm in the commission of a
23		felony, (iii) an act that would be a Class X felony
24		offense under or the minor's second or subsequent Class
25		2 or greater felony offense under the Cannabis Control
26		Act if committed by an adult, (iv) an act that would be
27		a second or subsequent offense under Section 402 of the
28		Illinois Controlled Substances Act if committed by an
29		adult, or (v) an act that would be an offense under
30		Section 401 of the Illinois Controlled Substances Act
31		if committed by an adult.
32		(2) The court shall allow the general public to have
33		access to the name, address, and offense of a minor who is
34		at least 13 years of age at the time the offense is
35		committed and who is convicted, in criminal proceedings
36		permitted or required under Section 5-805 5-4, under either

1		of the following circumstances:
2		(A) The minor has been convicted of first degree
3		murder, attempt to commit first degree murder,
4		aggravated criminal sexual assault, or criminal sexual
5		assault,
6		(B) The court has made a finding that the minor was
7		at least 13 years of age at the time the offense was
8		committed and the conviction was based upon the minor's
9		commission of: (i) an offense in furtherance of the
10		commission of a felony as a member of or on behalf of a
11		criminal street gang, (ii) an offense involving the use
12		of a firearm in the commission of a felony, (iii) a
13		Class X felony offense under or a second or subsequent
14		Class 2 or greater felony offense under the Cannabis
15		Control Act, (iv) a second or subsequent offense under
16		Section 402 of the Illinois Controlled Substances Act,
17		or (v) an offense under Section 401 of the Illinois
18		Controlled Substances Act.
19		(D) Pending or following any adjudication of delinquency
20		for any offense defined in Sections 12-13 through 12-16 of the
21		Criminal Code of 1961, 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
27		the victim.
28		(E) Nothing in this Section shall affect the right of a
29		Civil Service Commission or appointing authority of any state,
30		county or municipality examining the character and fitness of
31		an applicant for employment with a law enforcement agency,
32		correctional institution, or fire department to ascertain
33		whether that applicant was ever adjudicated to be a delinquent
34		minor and, if so, to examine the records of disposition or
35		evidence which were made in proceedings under this Act.
36		(F) Following any adjudication of delinquency for a crime

1		which would be a felony if committed by an adult, or following
2		any adjudication of delinquency for a violation of Section
3		24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961, the
4		State's Attorney shall ascertain whether the minor respondent
5		is enrolled in school and, if so, shall provide a copy of the
6		dispositional order to the principal or chief administrative
7		officer of the school. Access to such juvenile records shall be
8		limited to the principal or chief administrative officer of the
9		school and any guidance counselor designated by him.
10		(G) Nothing contained in this Act prevents the sharing or
11		disclosure of information or records relating or pertaining to
12		juveniles subject to the provisions of the Serious Habitual
13		Offender Comprehensive Action Program when that information is
14		used to assist in the early identification and treatment of
15		habitual juvenile offenders.
16		(H) When a Court hearing a proceeding under Article II of
17		this Act becomes aware that an earlier proceeding under Article
18		II had been heard in a different county, that Court shall
19		request, and the Court in which the earlier proceedings were
20		initiated shall transmit, an authenticated copy of the Court
21		record, including all documents, petitions, and orders filed
22		therein and the minute orders, transcript of proceedings, and
23		docket entries of the Court.
24		(I) The Clerk of the Circuit Court shall report to the
25		Department of State Police, in the form and manner required by
26		the Department of State Police, the final disposition of each
27		minor who has been arrested or taken into custody before his or
28		her 18th 17th birthday for those offenses required to be
29		reported under Section 5 of the Criminal Identification Act.
30		Information reported to the Department under this Section may
31		be maintained with records that the Department files under
32		Section 2.1 of the Criminal Identification Act.
33		(Source: P.A. 91-357, eff. 7-29-99; 91-368, eff. 1-1-00,
34		92-415, eff. 8-17-01.)
35		(705 ILCS 405/1-9) (from Ch. 37, par. 801-9)

1		Sec. 1-9. Expungement of law enforcement and juvenile court
2		records.
3		(1) Expungement of law enforcement and juvenile court
4		delinquency records shall be governed by Section 5-915.
5		(2) This subsection (2) applies to expungement of law
6		enforcement and juvenile court records other than delinquency
7		proceedings. Whenever any person has attained the age of 18 17
8		or whenever all juvenile court proceedings relating to that
9		person have been terminated, whichever is later, the person may
10		petition the court to expunge law enforcement records relating
11		to incidents occurring before his 18th 17th birthday or his
12		juvenile court records, or both, if the minor was placed under
13		supervision pursuant to Sections 2-20, 3-21, or 4-18, and such
14		order of supervision has since been successfully terminated.
15		(3) The chief judge of the circuit in which an arrest was
16		made or a charge was brought or any judge of that circuit
17		designated by the chief judge may, upon verified petition of a
18		person who is the subject of an arrest or a juvenile court
19		proceeding pursuant to subsection (2) of this Section, order
20		the law enforcement records or juvenile court records, or both,
21		to be expunged from the official records of the arresting
22		authority and the clerk of the circuit court. Notice of the
23		petition shall be served upon the State's Attorney and upon the
24		arresting authority which is the subject of the petition for
25		expungement.
26		(Source: P.A. 90-590, eff. 1-1-99.)
27		(705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
28		Sec. 2-10. Temporary custody hearing. At the appearance of
29		the minor before the court at the temporary custody hearing,
30		all witnesses present shall be examined before the court in
31		relation to any matter connected with the allegations made in
32		the petition.
33		(1) If the court finds that there is not probable cause to
34		believe that the minor is abused, neglected or dependent it
35		shall release the minor and dismiss the petition.

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

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

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

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

1		2. To ask the court to continue the hearing to
2		allow them time to prepare.
3		3. To present evidence concerning:
4		a. Whether or not the child or children were
5		abused, neglected or dependent.
6		b. Whether or not there is "immediate and
7		urgent necessity" to remove the child from home
8		(including: their ability to care for the child,
9		conditions in the home, alternative means of
10		protecting the child other than removal).
11		c. The best interests of the child.
12		4. To cross examine the State's witnesses.
13		The Notice for rehearings shall be substantially as
14		follows:
15		NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
16		TO REHEARING ON TEMPORARY CUSTODY
17		If you were not present at and did not have adequate
18		notice of the Shelter Care Hearing at which temporary
19		custody of ............... was awarded to
20		................, you have the right to request a full
21		rehearing on whether the State should have temporary
22		custody of ................. To request this rehearing,
23		you must file with the Clerk of the Juvenile Court
24		(address): ........................, in person or by
25		mailing a statement (affidavit) setting forth the
26		following:
27		1. That you were not present at the shelter care
28		hearing.
29		2. That you did not get adequate notice (explaining
30		how the notice was inadequate).
31		3. Your signature.
32		4. Signature must be notarized.
33		The rehearing should be scheduled within 48 hours of
34		your filing this affidavit.
35		At the rehearing, your rights are the same as at the

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

1		must immediately be released from custody.
2		(8) If neither the parent, guardian or custodian appears
3		within 24 hours to take custody of a minor released upon
4		request pursuant to subsection (2) of this Section, then the
5		clerk of the court shall set the matter for rehearing not later
6		than 7 days after the original order and shall issue a summons
7		directed to the parent, guardian or custodian to appear. At the
8		same time the probation department shall prepare a report on
9		the minor. If a parent, guardian or custodian does not appear
10		at such rehearing, the judge may enter an order prescribing
11		that the minor be kept in a suitable place designated by the
12		Department of Children and Family Services or a licensed child
13		welfare agency.
14		(9) Notwithstanding any other provision of this Section any
15		interested party, including the State, the temporary
16		custodian, an agency providing services to the minor or family
17		under a service plan pursuant to Section 8.2 of the Abused and
18		Neglected Child Reporting Act, foster parent, or any of their
19		representatives, on notice to all parties entitled to notice,
20		may file a motion that it is in the best interests of the minor
21		to modify or vacate a temporary custody order on any of the
22		following grounds:
23		(a) It is no longer a matter of immediate and urgent
24		necessity that the minor remain in shelter care; or
25		(b) There is a material change in the circumstances of
26		the natural family from which the minor was removed and the
27		child can be cared for at home without endangering the
28		child's health or safety; or
29		(c) A person not a party to the alleged abuse, neglect
30		or dependency, including a parent, relative or legal
31		guardian, is capable of assuming temporary custody of the
32		minor; or
33		(d) Services provided by the Department of Children and
34		Family Services or a child welfare agency or other service
35		provider have been successful in eliminating the need for
36		temporary custody and the child can be cared for at home

1		without endangering the child's health or safety.
2		In ruling on the motion, the court shall determine whether
3		it is consistent with the health, safety and best interests of
4		the minor to modify or vacate a temporary custody order.
5		The clerk shall set the matter for hearing not later than
6		14 days after such motion is filed. In the event that the court
7		modifies or vacates a temporary custody order but does not
8		vacate its finding of probable cause, the court may order that
9		appropriate services be continued or initiated in behalf of the
10		minor and his or her family.
11		(10) When the court finds or has found that there is
12		probable cause to believe a minor is an abused minor as
13		described in subsection (2) of Section 2-3 and that there is an
14		immediate and urgent necessity for the abused minor to be
15		placed in shelter care, immediate and urgent necessity shall be
16		presumed for any other minor residing in the same household as
17		the abused minor provided:
18		(a) Such other minor is the subject of an abuse or
19		neglect petition pending before the court; and
20		(b) A party to the petition is seeking shelter care for
21		such other minor.
22		Once the presumption of immediate and urgent necessity has
23		been raised, the burden of demonstrating the lack of immediate
24		and urgent necessity shall be on any party that is opposing
25		shelter care for the other minor.
26		(Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-582, eff. 1-1-97;
27		89-626, eff. 8-9-96; 90-28, eff. 1-1-98; 90-87, eff. 9-1-97;
28		90-590, eff. 1-1-99; 90-655, eff. 7-30-98.)
29		(705 ILCS 405/3-12) (from Ch. 37, par. 803-12)
30		Sec. 3-12. Shelter care hearing. At the appearance of the
31		minor before the court at the shelter care hearing, all
32		witnesses present shall be examined before the court in
33		relation to any matter connected with the allegations made in
34		the petition.
35		(1) If the court finds that there is not probable cause to

1		believe that the minor is a person requiring authoritative
2		intervention, it shall release the minor and dismiss the
3		petition.
4		(2) If the court finds that there is probable cause to
5		believe that the minor is a person requiring authoritative
6		intervention, the minor, his or her parent, guardian, custodian
7		and other persons able to give relevant testimony shall be
8		examined before the court. After such testimony, the court may
9		enter an order that the minor shall be released upon the
10		request of a parent, guardian or custodian if the parent,
11		guardian or custodian appears to take custody. Custodian shall
12		include any agency of the State which has been given custody or
13		wardship of the child. The Court shall require documentation by
14		representatives of the Department of Children and Family
15		Services or the probation department as to the reasonable
16		efforts that were made to prevent or eliminate the necessity of
17		removal of the minor from his or her home, and shall consider
18		the testimony of any person as to those reasonable efforts. If
19		the court finds that it is a matter of immediate and urgent
20		necessity for the protection of the minor or of the person or
21		property of another that the minor be placed in a shelter care
22		facility, or that he or she is likely to flee the jurisdiction
23		of the court, and further finds that reasonable efforts have
24		been made or good cause has been shown why reasonable efforts
25		cannot prevent or eliminate the necessity of removal of the
26		minor from his or her home, the court may prescribe shelter
27		care and order that the minor be kept in a suitable place
28		designated by the court or in a shelter care facility
29		designated by the Department of Children and Family Services or
30		a licensed child welfare agency; otherwise it shall release the
31		minor from custody. If the court prescribes shelter care, then
32		in placing the minor, the Department or other agency shall, to
33		the extent compatible with the court's order, comply with
34		Section 7 of the Children and Family Services Act. If the minor
35		is ordered placed in a shelter care facility of the Department
36		of Children and Family Services or a licensed child welfare

1		agency, the court shall, upon request of the Department or
2		other agency, appoint the Department of Children and Family
3		Services Guardianship Administrator or other appropriate
4		agency executive temporary custodian of the minor and the court
5		may enter such other orders related to the temporary custody as
6		it deems fit and proper, including the provision of services to
7		the minor or his family to ameliorate the causes contributing
8		to the finding of probable cause or to the finding of the
9		existence of immediate and urgent necessity. Acceptance of
10		services shall not be considered an admission of any allegation
11		in a petition made pursuant to this Act, nor may a referral of
12		services be considered as evidence in any proceeding pursuant
13		to this Act, except where the issue is whether the Department
14		has made reasonable efforts to reunite the family. In making
15		its findings that reasonable efforts have been made or that
16		good cause has been shown why reasonable efforts cannot prevent
17		or eliminate the necessity of removal of the minor from his or
18		her home, the court shall state in writing its findings
19		concerning the nature of the services that were offered or the
20		efforts that were made to prevent removal of the child and the
21		apparent reasons that such services or efforts could not
22		prevent the need for removal. The parents, guardian, custodian,
23		temporary custodian and minor shall each be furnished a copy of
24		such written findings. The temporary custodian shall maintain a
25		copy of the court order and written findings in the case record
26		for the child.
27		The order together with the court's findings of fact and
28		support thereof shall be entered of record in the court.
29		Once the court finds that it is a matter of immediate and
30		urgent necessity for the protection of the minor that the minor
31		be placed in a shelter care facility, the minor shall not be
32		returned to the parent, custodian or guardian until the court
33		finds that such placement is no longer necessary for the
34		protection of the minor.
35		(3) If prior to the shelter care hearing for a minor
36		described in Sections 2-3, 2-4, 3-3 and 4-3 the petitioner 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 explain the right
17		of the parties and the procedures to vacate or modify a shelter
18		care order as provided in this Section. The notice for a
19		shelter care hearing shall be substantially as follows:
20		NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING
21		On ................ at ........., before the Honorable
22		................, (address:) ................., the State of
23		Illinois will present evidence (1) that (name of child or
24		children) ....................... are abused, neglected or
25		dependent for the following reasons:
26		.............................................................
27		and (2) that there is "immediate and urgent necessity" to
28		remove the child or children from the responsible relative.
29		YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
30		PLACEMENT of the child or children in foster care until a trial
31		can be held. A trial may not be held for up to 90 days.
32		At the shelter care hearing, parents have the following
33		rights:
34		1. To ask the court to appoint a lawyer if they cannot
35		afford one.
36		2. To ask the court to continue the hearing to allow

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

1		1. To have a guardian ad litem appointed.
2		2. To be declared competent as a witness and to present
3		testimony concerning:
4		a. Whether they are abused, neglected or
5		dependent.
6		b. Whether there is "immediate and urgent
7		necessity" to be removed from home.
8		c. Their best interests.
9		3. To cross examine witnesses for other parties.
10		4. To obtain an explanation of any proceedings and
11		orders of the court.
12		(4) If the parent, guardian, legal custodian, responsible
13		relative, or counsel of the minor did not have actual notice of
14		or was not present at the shelter care hearing, he or she may
15		file an affidavit setting forth these facts, and the clerk
16		shall set the matter for rehearing not later than 48 hours,
17		excluding Sundays and legal holidays, after the filing of the
18		affidavit. At the rehearing, the court shall proceed in the
19		same manner as upon the original hearing.
20		(5) Only when there is reasonable cause to believe that the
21		minor taken into custody is a person described in subsection
22		(3) of Section 5-105 may the minor be kept or detained in a
23		detention home or county or municipal jail. This Section shall
24		in no way be construed to limit subsection (6).
25		(6) No minor under 16 years of age may be confined in a
26		jail or place ordinarily used for the confinement of prisoners
27		in a police station. Minors under 18 17 years of age must be
28		kept separate from confined adults and may not at any time be
29		kept in the same cell, room, or yard with adults confined
30		pursuant to the criminal law.
31		(7) If the minor is not brought before a judicial officer
32		within the time period specified in Section 3-11, the minor
33		must immediately be released from custody.
34		(8) If neither the parent, guardian or custodian appears
35		within 24 hours to take custody of a minor released upon
36		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		(9) Notwithstanding any other provision of this Section,
11		any interested party, including the State, the temporary
12		custodian, an agency providing services to the minor or family
13		under a service plan pursuant to Section 8.2 of the Abused and
14		Neglected Child Reporting Act, foster parent, or any of their
15		representatives, on notice to all parties entitled to notice,
16		may file a motion to modify or vacate a temporary custody order
17		on any of the following grounds:
18		(a) It is no longer a matter of immediate and urgent
19		necessity that the minor remain in shelter care; or
20		(b) There is a material change in the circumstances of
21		the natural family from which the minor was removed; or
22		(c) A person, including a parent, relative or legal
23		guardian, is capable of assuming temporary custody of the
24		minor; or
25		(d) Services provided by the Department of Children and
26		Family Services or a child welfare agency or other service
27		provider have been successful in eliminating the need for
28		temporary custody.
29		The clerk shall set the matter for hearing not later than
30		14 days after such motion is filed. In the event that the court
31		modifies or vacates a temporary custody order but does not
32		vacate its finding of probable cause, the court may order that
33		appropriate services be continued or initiated in behalf of the
34		minor and his or her family.
35		(Source: P.A. 90-590, eff. 1-1-99.)

1		(705 ILCS 405/4-9) (from Ch. 37, par. 804-9)
2		Sec. 4-9. 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 addicted, it shall release the minor
9		and dismiss the petition.
10		(2) If the court finds that there is probable cause to
11		believe that the minor is addicted, the minor, his or her
12		parent, guardian, custodian and other persons able to give
13		relevant testimony shall be examined before the court. After
14		such testimony, the court may enter an order that the minor
15		shall be released upon the request of a parent, guardian or
16		custodian if the parent, guardian or custodian appears to take
17		custody and agrees to abide by a court order which requires the
18		minor and his or her parent, guardian, or legal custodian to
19		complete an evaluation by an entity licensed by the Department
20		of Human Services, as the successor to the Department of
21		Alcoholism and Substance Abuse, and complete any treatment
22		recommendations indicated by the assessment. Custodian shall
23		include any agency of the State which has been given custody or
24		wardship of the child.
25		The Court shall require documentation by representatives
26		of the Department of Children and Family Services or the
27		probation department as to the reasonable efforts that were
28		made to prevent or eliminate the necessity of removal of the
29		minor from his or her home, and shall consider the testimony of
30		any person as to those reasonable efforts. If the court finds
31		that it is a matter of immediate and urgent necessity for the
32		protection of the minor or of the person or property of another
33		that the minor be or placed in a shelter care facility or that
34		he or she is likely to flee the jurisdiction of the court, and
35		further, finds that reasonable efforts have been made or good
36		cause has been shown why reasonable efforts cannot prevent or

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

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

1		within 24 hours to take custody of a minor released upon
2		request pursuant to subsection (2) of this Section, then the
3		clerk of the court shall set the matter for rehearing not later
4		than 7 days after the original order and shall issue a summons
5		directed to the parent, guardian or custodian to appear. At the
6		same time the probation department shall prepare a report on
7		the minor. If a parent, guardian or custodian does not appear
8		at such rehearing, the judge may enter an order prescribing
9		that the minor be kept in a suitable place designated by the
10		Department of Children and Family Services or a licensed child
11		welfare agency.
12		(8) Any interested party, including the State, the
13		temporary custodian, an agency providing services to the minor
14		or family under a service plan pursuant to Section 8.2 of the
15		Abused and Neglected Child Reporting Act, foster parent, or any
16		of their representatives, may file a motion to modify or vacate
17		a temporary custody order on any of the following grounds:
18		(a) It is no longer a matter of immediate and urgent
19		necessity that the minor remain in shelter care; or
20		(b) There is a material change in the circumstances of
21		the natural family from which the minor was removed; or
22		(c) A person, including a parent, relative or legal
23		guardian, is capable of assuming temporary custody of the
24		minor; or
25		(d) Services provided by the Department of Children and
26		Family Services or a child welfare agency or other service
27		provider have been successful in eliminating the need for
28		temporary custody.
29		The clerk shall set the matter for hearing not later than
30		14 days after such motion is filed. In the event that the court
31		modifies or vacates a temporary custody order but does not
32		vacate its finding of probable cause, the court may order that
33		appropriate services be continued or initiated in behalf of the
34		minor and his or her family.
35		(Source: P.A. 89-422; 89-507, eff. 7-1-97; 90-590, eff.
36		1-1-99.)

1		(705 ILCS 405/5-105)
2		Sec. 5-105. Definitions. As used in this Article:
3		(1) "Court" means the circuit court in a session or
4		division assigned to hear proceedings under this Act, and
5		includes the term Juvenile Court.
6		(2) "Community service" means uncompensated labor for a
7		community service agency as hereinafter defined.
8		(2.5) "Community service agency" means a not-for-profit
9		organization, community organization, church, charitable
10		organization, individual, public office, or other public body
11		whose purpose is to enhance the physical or mental health of a
12		delinquent minor or to rehabilitate the minor, or to improve
13		the environmental quality or social welfare of the community
14		which agrees to accept community service from juvenile
15		delinquents and to report on the progress of the community
16		service to the State's Attorney pursuant to an agreement or to
17		the court or to any agency designated by the court or to the
18		authorized diversion program that has referred the delinquent
19		minor for community service.
20		(3) "Delinquent minor" means any minor who prior to his or
21		her 18th 17th birthday has violated or attempted to violate,
22		regardless of where the act occurred, any federal or State law,
23		county or municipal ordinance.
24		(4) "Department" means the Department of Human Services
25		unless specifically referenced as another department.
26		(5) "Detention" means the temporary care of a minor who is
27		alleged to be or has been adjudicated delinquent and who
28		requires secure custody for the minor's own protection or the
29		community's protection in a facility designed to physically
30		restrict the minor's movements, pending disposition by the
31		court or execution of an order of the court for placement or
32		commitment. Design features that physically restrict movement
33		include, but are not limited to, locked rooms and the secure
34		handcuffing of a minor to a rail or other stationary object. In
35		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
27		encompass any program or service consistent with the purpose of
28		those programs and services enumerated in this subsection.
29		(9) "Juvenile police officer" means a sworn police officer
30		who has completed a Basic Recruit Training Course, has been
31		assigned to the position of juvenile police officer by his or
32		her chief law enforcement officer and has completed the
33		necessary juvenile officers training as prescribed by the
34		Illinois Law Enforcement Training Standards Board, or in the
35		case of a State police officer, juvenile officer training
36		approved by the Director of State Police.

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

1		handling of an alleged offender by a juvenile police officer.
2		(17) "Trial" means a hearing to determine whether the
3		allegations of a petition under Section 5-520 that a minor is
4		delinquent are proved beyond a reasonable doubt. It is the
5		intent of the General Assembly that the term "trial" replace
6		the term "adjudicatory hearing" and be synonymous with that
7		definition as it was used in the Juvenile Court Act of 1987.
8		(Source: P.A. 90-590, eff. 1-1-99; 91-820, eff. 6-13-00.)
9		(705 ILCS 405/5-120)
10		Sec. 5-120. Exclusive jurisdiction. Proceedings may be
11		instituted under the provisions of this Article concerning any
12		minor who prior to the minor's 18th 17th birthday has violated
13		or attempted to violate, regardless of where the act occurred,
14		any federal or State law or municipal or county ordinance.
15		Except as provided in Sections 5-125, 5-130, 5-805, and 5-810
16		of this Article, no minor who was under 18 17 years of age at
17		the time of the alleged offense may be prosecuted under the
18		criminal laws of this State.
19		(Source: P.A. 90-590, eff. 1-1-99.)
20		(705 ILCS 405/5-407)
21		Sec. 5-407. Processing of juvenile in possession of a
22		firearm.
23		(a) If a law enforcement officer detains a minor pursuant
24		to Section 10-27.1A of the School Code, the officer shall
25		deliver the minor to the nearest juvenile officer, in the
26		manner prescribed by subsection (2) of Section 5-405 of this
27		Act. The juvenile officer shall deliver the minor without
28		unnecessary delay to the court or to the place designated by
29		rule or order of court for the reception of minors. In no event
30		shall the minor be eligible for any other disposition by the
31		juvenile police officer, notwithstanding the provisions of
32		subsection (3) of Section 5-405 of this Act.
33		(b) Minors not excluded from this Act's jurisdiction under
34		subsection (3)(a) of Section 5-130 of this Act shall be brought

1		before a judicial officer within 40 hours, exclusive of
2		Saturdays, Sundays, and court-designated holidays, for a
3		detention hearing to determine whether he or she shall be
4		further held in custody. If the court finds that there is
5		probable cause to believe that the minor is a delinquent minor
6		by virtue of his or her violation of item (4) of subsection (a)
7		of Section 24-1 of the Criminal Code of 1961 while on school
8		grounds, that finding shall create a presumption that immediate
9		and urgent necessity exists under subdivision (2) of Section
10		5-501 of this Act. Once the presumption of immediate and urgent
11		necessity has been raised, the burden of demonstrating the lack
12		of immediate and urgent necessity shall be on any party that is
13		opposing detention for the minor. Should the court order
14		detention pursuant to this Section, the minor shall be
15		detained, pending the results of a court-ordered psychological
16		evaluation to determine if the minor is a risk to himself,
17		herself, or others. Upon receipt of the psychological
18		evaluation, the court shall review the determination regarding
19		the existence of urgent and immediate necessity. The court
20		shall consider the psychological evaluation in conjunction
21		with the other factors identified in subdivision (2) of Section
22		5-501 of this Act in order to make a de novo determination
23		regarding whether it is a matter of immediate and urgent
24		necessity for the protection of the minor or of the person or
25		property of another that the minor be detained or placed in a
26		shelter care facility. In addition to the pre-trial conditions
27		found in Section 5-505 of this Act, the court may order the
28		minor to receive counseling and any other services recommended
29		by the psychological evaluation as a condition for release of
30		the minor.
31		(c) Upon making a determination that the student presents a
32		risk to himself, herself, or others, the court shall issue an
33		order restraining the student from entering the property of the
34		school if he or she has been suspended or expelled from the
35		school as a result of possessing a firearm. The order shall
36		restrain the student from entering the school and school owned

1		or leased property, including any conveyance owned, leased, or
2		contracted by the school to transport students to or from
3		school or a school-related activity. The order shall remain in
4		effect until such time as the court determines that the student
5		no longer presents a risk to himself, herself, or others.
6		(d) Psychological evaluations ordered pursuant to
7		subsection (b) of this Section and statements made by the minor
8		during the course of these evaluations, shall not be admissible
9		on the issue of delinquency during the course of any
10		adjudicatory hearing held under this Act.
11		(e) In this Section:
12		"School" means any public or private elementary or
13		secondary school.
14		"School grounds" includes the real property comprising any
15		school, any conveyance owned, leased, or contracted by a school
16		to transport students to or from school or a school-related
17		activity, or any public way within 1,000 feet of the real
18		property comprising any school.
19		(Source: P.A. 91-11, eff. 6-4-99.)
20		(705 ILCS 405/5-410)
21		Sec. 5-410. Non-secure custody or detention.
22		(1) Any minor arrested or taken into custody pursuant to
23		this Act who requires care away from his or her home but who
24		does not require physical restriction shall be given temporary
25		care in a foster family home or other shelter facility
26		designated by the court.
27		(2) (a) Any minor 10 years of age or older arrested
28		pursuant to this Act where there is probable cause to believe
29		that the minor is a delinquent minor and that (i) secured
30		custody is a matter of immediate and urgent necessity for the
31		protection of the minor or of the person or property of
32		another, (ii) the minor is likely to flee the jurisdiction of
33		the court, or (iii) the minor was taken into custody under a
34		warrant, may be kept or detained in an authorized detention
35		facility. No minor under 12 years of age shall be detained in a

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

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

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

1		Corrections.
2		(e) When a minor who is at least 15 years of age is
3		prosecuted under the criminal laws of this State, the court may
4		enter an order directing that the juvenile be confined in the
5		county jail. However, any juvenile confined in the county jail
6		under this provision shall be separated from adults who are
7		confined in the county jail in such a manner that there will be
8		no contact by sight, sound or otherwise between the juvenile
9		and adult prisoners.
10		(f) For purposes of appearing in a physical lineup, the
11		minor may be taken to a county jail or municipal lockup under
12		the direct and constant supervision of a juvenile police
13		officer. During such time as is necessary to conduct a lineup,
14		and while supervised by a juvenile police officer, the sight
15		and sound separation provisions shall not apply.
16		(g) For purposes of processing a minor, the minor may be
17		taken to a County Jail or municipal lockup under the direct and
18		constant supervision of a law enforcement officer or
19		correctional officer. During such time as is necessary to
20		process the minor, and while supervised by a law enforcement
21		officer or correctional officer, the sight and sound separation
22		provisions shall not apply.
23		(3) If the probation officer or State's Attorney (or such
24		other public officer designated by the court in a county having
25		3,000,000 or more inhabitants) determines that the minor may be
26		a delinquent minor as described in subsection (3) of Section
27		5-105, and should be retained in custody but does not require
28		physical restriction, the minor may be placed in non-secure
29		custody for up to 40 hours pending a detention hearing.
30		(4) Any minor taken into temporary custody, not requiring
31		secure detention, may, however, be detained in the home of his
32		or her parent or guardian subject to such conditions as the
33		court may impose.
34		(Source: P.A. 93-255, eff. 1-1-04.)
35		(705 ILCS 405/5-805)

1		Sec. 5-805. Transfer of jurisdiction.
2		(1) (Blank) Mandatory transfers.
3		(a) If a petition alleges commission by a minor 15
4		years of age or older of an act that constitutes a forcible
5		felony under the laws of this State, and if a motion by the
6		State's Attorney to prosecute the minor under the criminal
7		laws of Illinois for the alleged forcible felony alleges
8		that (i) the minor has previously been adjudicated
9		delinquent or found guilty for commission of an act that
10		constitutes a felony under the laws of this State or any
11		other state and (ii) the act that constitutes the offense
12		was committed in furtherance of criminal activity by an
13		organized gang, the Juvenile Judge assigned to hear and
14		determine those motions shall, upon determining that there
15		is probable cause that both allegations are true, enter an
16		order permitting prosecution under the criminal laws of
17		Illinois.
18		(b) If a petition alleges commission by a minor 15
19		years of age or older of an act that constitutes a felony
20		under the laws of this State, and if a motion by a State's
21		Attorney to prosecute the minor under the criminal laws of
22		Illinois for the alleged felony alleges that (i) the minor
23		has previously been adjudicated delinquent or found guilty
24		for commission of an act that constitutes a forcible felony
25		under the laws of this State or any other state and (ii)
26		the act that constitutes the offense was committed in
27		furtherance of criminal activities by an organized gang,
28		the Juvenile Judge assigned to hear and determine those
29		motions shall, upon determining that there is probable
30		cause that both allegations are true, enter an order
31		permitting prosecution under the criminal laws of
32		Illinois.
33		(c) If a petition alleges commission by a minor 15
34		years of age or older of: (i) an act that constitutes an
35		offense enumerated in the presumptive transfer provisions
36		of subsection (2); and (ii) the minor has previously been

1		adjudicated delinquent or found guilty of a forcible
2		felony, the Juvenile Judge designated to hear and determine
3		those motions shall, upon determining that there is
4		probable cause that both allegations are true, enter an
5		order permitting prosecution under the criminal laws of
6		Illinois.
7		(d) If a petition alleges commission by a minor 15
8		years of age or older of an act that constitutes the
9		offense of aggravated discharge of a firearm committed in a
10		school, on the real property comprising a school, within
11		1,000 feet of the real property comprising a school, at a
12		school related activity, or on, boarding, or departing from
13		any conveyance owned, leased, or contracted by a school or
14		school district to transport students to or from school or
15		a school related activity, regardless of the time of day or
16		the time of year, the juvenile judge designated to hear and
17		determine those motions shall, upon determining that there
18		is probable cause that the allegations are true, enter an
19		order permitting prosecution under the criminal laws of
20		Illinois.
21		For purposes of this paragraph (d) of subsection (1):
22		"School" means a public or private elementary or
23		secondary school, community college, college, or
24		university.
25		"School related activity" means any sporting, social,
26		academic, or other activity for which students' attendance
27		or participation is sponsored, organized, or funded in
28		whole or in part by a school or school district.
29		(2) (Blank). Presumptive transfer.
30		(a) If the State's Attorney files a petition, at any
31		time prior to commencement of the minor's trial, to permit
32		prosecution under the criminal laws and the petition
33		alleges the commission by a minor 15 years of age or older
34		of: (i) a Class X felony other than armed violence; (ii)
35		aggravated discharge of a firearm; (iii) armed violence
36		with a firearm when the predicate offense is a Class 1 or

1		Class 2 felony and the State's Attorney's motion to
2		transfer the case alleges that the offense committed is in
3		furtherance of the criminal activities of an organized
4		gang; (iv) armed violence with a firearm when the predicate
5		offense is a violation of the Illinois Controlled
6		Substances Act or a violation of the Cannabis Control Act;
7		(v) armed violence when the weapon involved was a machine
8		gun or other weapon described in subsection (a)(7) of
9		Section 24-1 of the Criminal Code of 1961, and, if the
10		juvenile judge assigned to hear and determine motions to
11		transfer a case for prosecution in the criminal court
12		determines that there is probable cause to believe that the
13		allegations in the petition and motion are true, there is a
14		rebuttable presumption that the minor is not a fit and
15		proper subject to be dealt with under the Juvenile Justice
16		Reform Provisions of 1998 (Public Act 90-590), and that,
17		except as provided in paragraph (b), the case should be
18		transferred to the criminal court.
19		(b) The judge shall enter an order permitting
20		prosecution under the criminal laws of Illinois unless the
21		judge makes a finding based on clear and convincing
22		evidence that the minor would be amenable to the care,
23		treatment, and training programs available through the
24		facilities of the juvenile court based on an evaluation of
25		the following:
26		(i) The seriousness of the alleged offense;
27		(ii) The minor's history of delinquency;
28		(iii) The age of the minor;
29		(iv) The culpability of the minor in committing the
30		alleged offense;
31		(v) Whether the offense was committed in an aggressive
32		or premeditated manner;
33		(vi) Whether the minor used or possessed a deadly
34		weapon when committing the alleged offense;
35		(vii) The minor's history of services, including the
36		minor's willingness to participate meaningfully in

1		available services;
2		(viii) Whether there is a reasonable likelihood that
3		the minor can be rehabilitated before the expiration of the
4		juvenile court's jurisdiction;
5		(ix) The adequacy of the punishment or services
6		available in the juvenile justice system.
7		In considering these factors, the court shall give greater
8		weight to the seriousness of the alleged offense and the
9		minor's prior record of delinquency than to the other factors
10		listed in this subsection.
11		(3) Discretionary transfer.
12		(a) If a petition alleges commission by a minor 13
13		years of age or over of an act that constitutes a crime
14		under the laws of this State and, on motion of the State's
15		Attorney to permit prosecution of the minor under the
16		criminal laws, a Juvenile Judge assigned by the Chief Judge
17		of the Circuit to hear and determine those motions, after
18		hearing but before commencement of the trial, finds that
19		there is probable cause to believe that the allegations in
20		the motion are true and that it is not in the best
21		interests of the public to proceed under this Act, the
22		court may enter an order permitting prosecution under the
23		criminal laws.
24		(b) In making its determination on the motion to permit
25		prosecution under the criminal laws, the court shall
26		consider among other matters:
27		(i) The seriousness of the alleged offense;
28		(ii) The minor's history of delinquency;
29		(iii) The age of the minor;
30		(iv) The culpability of the minor in committing the
31		alleged offense;
32		(v) Whether the offense was committed in an aggressive
33		or premeditated manner;
34		(vi) Whether the minor used or possessed a deadly
35		weapon when committing the alleged offense;
36		(vii) The minor's history of services, including the

1		minor's willingness to participate meaningfully in
2		available services;
3		(viii) The adequacy of the punishment or services
4		available in the juvenile justice system.
5		In considering these factors, the court shall give greater
6		weight to the seriousness of the alleged offense and the
7		minor's prior record of delinquency than to the other factors
8		listed in this subsection.
9		(4) The rules of evidence for this hearing shall be the
10		same as under Section 5-705 of this Act. A minor must be
11		represented in court by counsel before the hearing may be
12		commenced.
13		(5) If criminal proceedings are instituted, the petition
14		for adjudication of wardship shall be dismissed insofar as the
15		act or acts involved in the criminal proceedings. Taking of
16		evidence in a trial on petition for adjudication of wardship is
17		a bar to criminal proceedings based upon the conduct alleged in
18		the petition.
19		(Source: P.A. 90-590, eff. 1-1-99; 91-15, eff. 1-1-00; 91-357,
20		eff. 7-29-99.)
21		(705 ILCS 405/5-810)
22		Sec. 5-810. Extended jurisdiction juvenile prosecutions.
23		(1) If the State's Attorney files a petition, at any time
24		prior to commencement of the minor's trial, to designate the
25		proceeding as an extended jurisdiction juvenile prosecution
26		and the petition alleges the commission by a minor 13 years of
27		age or older of any offense which would be a felony if
28		committed by an adult, and, if the juvenile judge assigned to
29		hear and determine petitions to designate the proceeding as an
30		extended jurisdiction juvenile prosecution determines that
31		there is probable cause to believe that the allegations in the
32		petition and motion are true, there is a rebuttable presumption
33		that the proceeding shall be designated as an extended
34		jurisdiction juvenile proceeding.
35		(b) The judge shall enter an order designating the

1		proceeding as an extended jurisdiction juvenile proceeding
2		unless the judge makes a finding based on clear and convincing
3		evidence that sentencing under the Chapter V of the Unified
4		Code of Corrections would not be appropriate for the minor
5		based on an evaluation of the following factors:
6		(i) The seriousness of the alleged offense;
7		(ii) The minor's history of delinquency;
8		(iii) The age of the minor;
9		(iv) The culpability of the minor in committing the
10		alleged offense;
11		(v) Whether the offense was committed in an aggressive
12		or premeditated manner;
13		(vi) Whether the minor used or possessed a deadly
14		weapon when committing the alleged offense.
15		In considering these factors, the court shall give greater
16		weight to the seriousness of the alleged offense and the
17		minor's prior record of delinquency than to other factors
18		listed in this subsection.
19		(2) Procedures for extended jurisdiction juvenile
20		prosecutions.
21		(a) The State's Attorney may file a written motion for
22		a proceeding to be designated as an extended juvenile
23		jurisdiction prior to commencement of trial. Notice of the
24		motion shall be in compliance with Section 5-530. When the
25		State's Attorney files a written motion that a proceeding
26		be designated an extended jurisdiction juvenile
27		prosecution, the court shall commence a hearing within 30
28		days of the filing of the motion for designation, unless
29		good cause is shown by the prosecution or the minor as to
30		why the hearing could not be held within this time period.
31		If the court finds good cause has been demonstrated, then
32		the hearing shall be held within 60 days of the filing of
33		the motion. The hearings shall be open to the public unless
34		the judge finds that the hearing should be closed for the
35		protection of any party, victim or witness. If the Juvenile
36		Judge assigned to hear and determine a motion to designate

1		an extended jurisdiction juvenile prosecution determines
2		that there is probable cause to believe that the
3		allegations in the petition and motion are true the court
4		shall grant the motion for designation. Information used by
5		the court in its findings or stated in or offered in
6		connection with this Section may be by way of proffer based
7		on reliable information offered by the State or the minor.
8		All evidence shall be admissible if it is relevant and
9		reliable regardless of whether it would be admissible under
10		the rules of evidence.
11		(3) Trial. A minor who is subject of an extended
12		jurisdiction juvenile prosecution has the right to trial by
13		jury. Any trial under this Section shall be open to the public.
14		(4) Sentencing. If an extended jurisdiction juvenile
15		prosecution under subsections (1) results in a guilty plea, a
16		verdict of guilty, or a finding of guilt, the court shall
17		impose the following:
18		(i) one or more juvenile sentences under Section 5-710;
19		and
20		(ii) an adult criminal sentence in accordance with the
21		provisions of Chapter V of the Unified Code of Corrections,
22		the execution of which shall be stayed on the condition
23		that the offender not violate the provisions of the
24		juvenile sentence.
25		Any sentencing hearing under this Section shall be open to the
26		public.
27		(5) If, after an extended jurisdiction juvenile
28		prosecution trial, a minor is convicted of a lesser-included
29		offense or of an offense that the State's Attorney did not
30		designate as an extended jurisdiction juvenile prosecution,
31		the State's Attorney may file a written motion, within 10 days
32		of the finding of guilt, that the minor be sentenced as an
33		extended jurisdiction juvenile prosecution offender. The court
34		shall rule on this motion using the following factors: (i) the
35		seriousness of the alleged offense; (ii) the minor's history of
36		delinquency; (iii) the age of the minor; (iv) the culpability

1		of the minor in committing the alleged offense; (v) whether the
2		offense was committed in an aggressive or premeditated manner;
3		(vi) whether the minor used or possessed a deadly weapon when
4		committing the alleged offense; (vii) the minor's history of
5		services, including the minor's willingness to participate
6		meaningfully in available services; and (viii) the adequacy of
7		the punishment or services available in the juvenile justice
8		system. In considering these factors, the court shall give
9		greater weight to the seriousness of the alleged offense and
10		the minor's prior record of delinquency than to the other
11		factors listed in clauses (i) through (viii). found in
12		paragraph (1) (b) of Section 5-805. If the court denies the
13		State's Attorney's motion for sentencing under the extended
14		jurisdiction juvenile prosecution provision, the court shall
15		proceed to sentence the minor under Section 5-710.
16		(6) When it appears that a minor convicted in an extended
17		jurisdiction juvenile prosecution under subsection (1) has
18		violated the conditions of his or her sentence, or is alleged
19		to have committed a new offense upon the filing of a petition
20		to revoke the stay, the court may, without notice, issue a
21		warrant for the arrest of the minor. After a hearing, if the
22		court finds by a preponderance of the evidence that the minor
23		committed a new offense, the court shall order execution of the
24		previously imposed adult criminal sentence. After a hearing, if
25		the court finds by a preponderance of the evidence that the
26		minor committed a violation of his or her sentence other than
27		by a new offense, the court may order execution of the
28		previously imposed adult criminal sentence or may continue him
29		or her on the existing juvenile sentence with or without
30		modifying or enlarging the conditions. Upon revocation of the
31		stay of the adult criminal sentence and imposition of that
32		sentence, the minor's extended jurisdiction juvenile status
33		shall be terminated. The on-going jurisdiction over the minor's
34		case shall be assumed by the adult criminal court and juvenile
35		court jurisdiction shall be terminated and a report of the
36		imposition of the adult sentence shall be sent to the

1		Department of State Police.
2		(7) Upon successful completion of the juvenile sentence the
3		court shall vacate the adult criminal sentence.
4		(8) Nothing in this Section precludes the State from filing
5		a motion for transfer under Section 5-805.
6		(Source: P.A. 90-590, eff. 1-1-99.)
7		(705 ILCS 405/5-901)
8		Sec. 5-901. Court file.
9		(1) The Court file with respect to proceedings under this
10		Article shall consist of the petitions, pleadings, victim
11		impact statements, process, service of process, orders, writs
12		and docket entries reflecting hearings held and judgments and
13		decrees entered by the court. The court file shall be kept
14		separate from other records of the court.
15		(a) The file, including information identifying the
16		victim or alleged victim of any sex offense, shall be
17		disclosed only to the following parties when necessary for
18		discharge of their official duties:
19		(i) A judge of the circuit court and members of the
20		staff of the court designated by the judge;
21		(ii) Parties to the proceedings and their
22		attorneys;
23		(iii) Victims and their attorneys, except in cases
24		of multiple victims of sex offenses in which case the
25		information identifying the nonrequesting victims
26		shall be redacted;
27		(iv) Probation officers, law enforcement officers
28		or prosecutors or their staff;
29		(v) Adult and juvenile Prisoner Review Boards.
30		(b) The Court file redacted to remove any information
31		identifying the victim or alleged victim of any sex offense
32		shall be disclosed only to the following parties when
33		necessary for discharge of their official duties:
34		(i) Authorized military personnel;
35		(ii) Persons engaged in bona fide research, with

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

1		juvenile court records shall not be made available to the
2		general public but may be inspected by representatives of
3		agencies, associations and news media or other properly
4		interested persons by general or special order of the court.
5		The State's Attorney, the minor, his or her parents, guardian
6		and counsel shall at all times have the right to examine court
7		files and records.
8		(a) The court shall allow the general public to have
9		access to the name, address, and offense of a minor who is
10		adjudicated a delinquent minor under this Act under either
11		of the following circumstances:
12		(i) The adjudication of delinquency was based upon
13		the minor's commission of first degree murder, attempt
14		to commit first degree murder, aggravated criminal
15		sexual assault, or criminal sexual assault; or
16		(ii) The court has made a finding that the minor
17		was at least 13 years of age at the time the act was
18		committed and the adjudication of delinquency was
19		based upon the minor's commission of: (A) an act in
20		furtherance of the commission of a felony as a member
21		of or on behalf of a criminal street gang, (B) an act
22		involving the use of a firearm in the commission of a
23		felony, (C) an act that would be a Class X felony
24		offense under or the minor's second or subsequent Class
25		2 or greater felony offense under the Cannabis Control
26		Act if committed by an adult, (D) an act that would be
27		a second or subsequent offense under Section 402 of the
28		Illinois Controlled Substances Act if committed by an
29		adult, or (E) an act that would be an offense under
30		Section 401 of the Illinois Controlled Substances Act
31		if committed by an adult.
32		(b) The court shall allow the general public to have
33		access to the name, address, and offense of a minor who is
34		at least 13 years of age at the time the offense is
35		committed and who is convicted, in criminal proceedings
36		permitted or required under Section 5-805, under either of

1		the following circumstances:
2		(i) The minor has been convicted of first degree
3		murder, attempt to commit first degree murder,
4		aggravated criminal sexual assault, or criminal sexual
5		assault,
6		(ii) The court has made a finding that the minor
7		was at least 13 years of age at the time the offense
8		was committed and the conviction was based upon the
9		minor's commission of: (A) an offense in furtherance of
10		the commission of a felony as a member of or on behalf
11		of a criminal street gang, (B) an offense involving the
12		use of a firearm in the commission of a felony, (C) a
13		Class X felony offense under the Cannabis Control Act
14		or a second or subsequent Class 2 or greater felony
15		offense under the Cannabis Control Act, (D) a second or
16		subsequent offense under Section 402 of the Illinois
17		Controlled Substances Act, or (E) an offense under
18		Section 401 of the Illinois Controlled Substances Act.
19		(6) Nothing in this Section shall be construed to limit the
20		use of a adjudication of delinquency as evidence in any
21		juvenile or criminal proceeding, where it would otherwise be
22		admissible under the rules of evidence, including but not
23		limited to, use as impeachment evidence against any witness,
24		including the minor if he or she testifies.
25		(7) Nothing in this Section shall affect the right of a
26		Civil Service Commission or appointing authority examining the
27		character and fitness of an applicant for a position as a law
28		enforcement officer to ascertain whether that applicant was
29		ever adjudicated to be a delinquent minor and, if so, to
30		examine the records or evidence which were made in proceedings
31		under this Act.
32		(8) Following any adjudication of delinquency for a crime
33		which would be a felony if committed by an adult, or following
34		any adjudication of delinquency for a violation of Section
35		24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961, the
36		State's Attorney shall ascertain whether the minor respondent

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

1		prosecutors or their staff;
2		(c) The minor, the minor's parents or legal guardian
3		and their attorneys, but only when the juvenile has been
4		charged with an offense;
5		(d) Adult and Juvenile Prisoner Review Boards;
6		(e) Authorized military personnel;
7		(f) Persons engaged in bona fide research, with the
8		permission of the judge of juvenile court and the chief
9		executive of the agency that prepared the particular
10		recording: provided that publication of such research
11		results in no disclosure of a minor's identity and protects
12		the confidentiality of the record;
13		(g) Individuals responsible for supervising or
14		providing temporary or permanent care and custody of minors
15		pursuant to orders of the juvenile court or directives from
16		officials of the Department of Children and Family Services
17		or the Department of Human Services who certify in writing
18		that the information will not be disclosed to any other
19		party except as provided under law or order of court;
20		(h) The appropriate school official. Inspection and
21		copying shall be limited to law enforcement records
22		transmitted to the appropriate school official by a local
23		law enforcement agency under a reciprocal reporting system
24		established and maintained between the school district and
25		the local law enforcement agency under Section 10-20.14 of
26		the School Code concerning a minor enrolled in a school
27		within the school district who has been arrested for any
28		offense classified as a felony or a Class A or B
29		misdemeanor.
30		(2) Information identifying victims and alleged victims of
31		sex offenses, shall not be disclosed or open to public
32		inspection under any circumstances. Nothing in this Section
33		shall prohibit the victim or alleged victim of any sex offense
34		from voluntarily disclosing his or her identity.
35		(3) Relevant information, reports and records shall be made
36		available to the Department of Corrections when a juvenile

1		offender has been placed in the custody of the Department of
2		Corrections, Juvenile Division.
3		(4) Nothing in this Section shall prohibit the inspection
4		or disclosure to victims and witnesses of photographs contained
5		in the records of law enforcement agencies when the inspection
6		or disclosure is conducted in the presence of a law enforcement
7		officer for purposes of identification or apprehension of any
8		person in the course of any criminal investigation or
9		prosecution.
10		(5) The records of law enforcement officers concerning all
11		minors under 18 17 years of age must be maintained separate
12		from the records of adults and may not be open to public
13		inspection or their contents disclosed to the public except by
14		order of the court or when the institution of criminal
15		proceedings has been permitted under Section 5-130 or 5-805 or
16		required under Section 5-130 or 5-805 or such a person has been
17		convicted of a crime and is the subject of pre-sentence
18		investigation or when provided by law.
19		(6) Except as otherwise provided in this subsection (6),
20		law enforcement officers may not disclose the identity of any
21		minor in releasing information to the general public as to the
22		arrest, investigation or disposition of any case involving a
23		minor. Any victim or parent or legal guardian of a victim may
24		petition the court to disclose the name and address of the
25		minor and the minor's parents or legal guardian, or both. Upon
26		a finding by clear and convincing evidence that the disclosure
27		is either necessary for the victim to pursue a civil remedy
28		against the minor or the minor's parents or legal guardian, or
29		both, or to protect the victim's person or property from the
30		minor, then the court may order the disclosure of the
31		information to the victim or to the parent or legal guardian of
32		the victim only for the purpose of the victim pursuing a civil
33		remedy against the minor or the minor's parents or legal
34		guardian, or both, or to protect the victim's person or
35		property from the minor.
36		(7) Nothing contained in this Section shall prohibit law

1		enforcement agencies when acting in their official capacity
2		from communicating with each other by letter, memorandum,
3		teletype or intelligence alert bulletin or other means the
4		identity or other relevant information pertaining to a person
5		under 18 17 years of age. The information provided under this
6		subsection (7) shall remain confidential and shall not be
7		publicly disclosed, except as otherwise allowed by law.
8		(8) No person shall disclose information under this Section
9		except when acting in his or her official capacity and as
10		provided by law or order of court.
11		(Source: P.A. 90-590, eff. 1-1-99; 91-479, eff. 1-1-00.)
12		(705 ILCS 405/5-915)
13		Sec. 5-915. Expungement of law enforcement and juvenile
14		court records.
15		(1) Whenever any person has attained the age of 18 17 or
16		whenever all juvenile court proceedings relating to that person
17		have been terminated, whichever is later, the person may
18		petition the court to expunge law enforcement records relating
19		to incidents occurring before his or her 18th 17th birthday or
20		his or her juvenile court records, or both, but only in the
21		following circumstances:
22		(a) the minor was arrested and no petition for
23		delinquency was filed with the clerk of the circuit court;
24		or
25		(b) the minor was charged with an offense and was found
26		not delinquent of that offense; or
27		(c) the minor was placed under supervision pursuant to
28		Section 5-615, and the order of supervision has since been
29		successfully terminated; or
30		(d) the minor was adjudicated for an offense which
31		would be a Class B misdemeanor if committed by an adult.
32		(2) Any person may petition the court to expunge all law
33		enforcement records relating to any incidents occurring before
34		his or her 18th 17th birthday which did not result in
35		proceedings in criminal court and all juvenile court records

1		with respect to any adjudications except those based upon first
2		degree murder and sex offenses which would be felonies if
3		committed by an adult, if the person for whom expungement is
4		sought has had no convictions for any crime since his or her
5		18th 17th birthday and:
6		(a) has attained the age of 21 years; or
7		(b) 5 years have elapsed since all juvenile court
8		proceedings relating to him or her have been terminated or
9		his or her commitment to the Department of Corrections,
10		Juvenile Division pursuant to this Act has been terminated;
11		whichever is later of (a) or (b).
12		(3) The chief judge of the circuit in which an arrest was
13		made or a charge was brought or any judge of that circuit
14		designated by the chief judge may, upon verified petition of a
15		person who is the subject of an arrest or a juvenile court
16		proceeding under subsection (1) or (2) of this Section, order
17		the law enforcement records or official court file, or both, to
18		be expunged from the official records of the arresting
19		authority, the clerk of the circuit court and the Department of
20		State Police. Notice of the petition shall be served upon the
21		State's Attorney and upon the arresting authority which is the
22		subject of the petition for expungement.
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
27		record or file exists with respect to the person.
28		(5) Records which have not been expunged are sealed, and
29		may be obtained only under the provisions of Sections 5-901,
30		5-905 and 5-915.
31		(6) Nothing in this Section shall be construed to prohibit
32		the maintenance of information relating to an offense after
33		records or files concerning the offense have been expunged if
34		the information is kept in a manner that does not enable
35		identification of the offender. This information may only be
36		used for statistical and bona fide research purposes.

1		(Source: P.A. 90-590, eff. 1-1-99.)

2		(705 ILCS 405/5-130 rep.)
3		Section 10. The Juvenile Court Act of 1987 is amended by
4		repealing Section 5-130.

5		Section 15. The Code of Criminal Procedure of 1963 is
6		amended by changing Section 115-10.5 as follows:
7		(725 ILCS 5/115-10.5)
8		Sec. 115-10.5. Hearsay exception regarding safe zone
9		testimony.
10		(a) In any prosecution for any offense charged as a
11		violation of Section 407 of the Illinois Controlled Substances
12		Act or Section 5-130 of the Juvenile Court Act of 1987 the
13		following evidence shall be admitted as an exception to the
14		hearsay rule any testimony by any qualified individual
15		regarding the status of any property as:
16		(1) a truck stop or safety rest area, or
17		(2) a school or conveyance owned, leased or contracted
18		by a school to transport students to or from school, or
19		(3) residential property owned, operated, and managed
20		by a public housing agency, or
21		(4) a public park, or
22		(5) the real property comprising any church,
23		synagogue, or other building, structure, or place used
24		primarily for religious worship, or
25		(6) the real property comprising any of the following
26		places, buildings, or structures used primarily for
27		housing or providing space for activities for senior
28		citizens: nursing homes, assisted-living centers, senior
29		citizen housing complexes, or senior centers oriented
30		toward daytime activities.
31		(b) As used in this Section, "qualified individual" means
32		any person who (i) lived or worked within the territorial
33		jurisdiction where the offense took place when the offense took

1		place; and (ii) is familiar with various public places within
2		the territorial jurisdiction where the offense took place when
3		the offense took place.
4		(c) For the purposes of this Section, "qualified
5		individual" includes any peace officer, or any member of any
6		duly organized State, county, or municipal peace unit, assigned
7		to the territorial jurisdiction where the offense took place
8		when the offense took place.
9		(d) This Section applies to all prosecutions pending at the
10		time this amendatory Act of the 91st General Assembly takes
11		effect and to all prosecutions commencing on or after its
12		effective date.
13		(Source: P.A. 91-899, eff. 1-1-01.)

14		Section 20. The Unified Code of Corrections is amended by
15		changing Section 3-2-2 as follows:
16		(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
17		Sec. 3-2-2. Powers and Duties of the Department.
18		(1) In addition to the powers, duties and responsibilities
19		which are otherwise provided by law, the Department shall have
20		the following powers:
21		(a) To accept persons committed to it by the courts of
22		this State for care, custody, treatment and
23		rehabilitation.
24		(b) To develop and maintain reception and evaluation
25		units for purposes of analyzing the custody and
26		rehabilitation needs of persons committed to it and to
27		assign such persons to institutions and programs under its
28		control or transfer them to other appropriate agencies. In
29		consultation with the Department of Alcoholism and
30		Substance Abuse (now the Department of Human Services), the
31		Department of Corrections shall develop a master plan for
32		the screening and evaluation of persons committed to its
33		custody who have alcohol or drug abuse problems, and for
34		making appropriate treatment available to such persons;

1		the Department shall report to the General Assembly on such
2		plan not later than April 1, 1987. The maintenance and
3		implementation of such plan shall be contingent upon the
4		availability of funds.
5		(b-1) To create and implement, on January 1, 2002, a
6		pilot program to establish the effectiveness of
7		pupillometer technology (the measurement of the pupil's
8		reaction to light) as an alternative to a urine test for
9		purposes of screening and evaluating persons committed to
10		its custody who have alcohol or drug problems. The pilot
11		program shall require the pupillometer technology to be
12		used in at least one Department of Corrections facility.
13		The Director may expand the pilot program to include an
14		additional facility or facilities as he or she deems
15		appropriate. A minimum of 4,000 tests shall be included in
16		the pilot program. The Department must report to the
17		General Assembly on the effectiveness of the program by
18		January 1, 2003.
19		(b-5) To develop, in consultation with the Department
20		of State Police, a program for tracking and evaluating each
21		inmate from commitment through release for recording his or
22		her gang affiliations, activities, or ranks.
23		(c) To maintain and administer all State correctional
24		institutions and facilities under its control and to
25		establish new ones as needed. Pursuant to its power to
26		establish new institutions and facilities, the Department
27		may, with the written approval of the Governor, authorize
28		the Department of Central Management Services to enter into
29		an agreement of the type described in subsection (d) of
30		Section 405-300 of the Department of Central Management
31		Services Law (20 ILCS 405/405-300). The Department shall
32		designate those institutions which shall constitute the
33		State Penitentiary System.
34		Pursuant to its power to establish new institutions and
35		facilities, the Department may authorize the Department of
36		Central Management Services to accept bids from counties

1		and municipalities for the construction, remodeling or
2		conversion of a structure to be leased to the Department of
3		Corrections for the purposes of its serving as a
4		correctional institution or facility. Such construction,
5		remodeling or conversion may be financed with revenue bonds
6		issued pursuant to the Industrial Building Revenue Bond Act
7		by the municipality or county. The lease specified in a bid
8		shall be for a term of not less than the time needed to
9		retire any revenue bonds used to finance the project, but
10		not to exceed 40 years. The lease may grant to the State
11		the option to purchase the structure outright.
12		Upon receipt of the bids, the Department may certify
13		one or more of the bids and shall submit any such bids to
14		the General Assembly for approval. Upon approval of a bid
15		by a constitutional majority of both houses of the General
16		Assembly, pursuant to joint resolution, the Department of
17		Central Management Services may enter into an agreement
18		with the county or municipality pursuant to such bid.
19		(c-5) To build and maintain regional juvenile
20		detention centers and to charge a per diem to the counties
21		as established by the Department to defray the costs of
22		housing each minor in a center. In this subsection (c-5),
23		"juvenile detention center" means a facility to house
24		minors during pendency of trial who have been transferred
25		from proceedings under the Juvenile Court Act of 1987 to
26		prosecutions under the criminal laws of this State in
27		accordance with Section 5-805 of the Juvenile Court Act of
28		1987, whether the transfer was by operation of law before
29		the effective date of this amendatory Act of the 93rd
30		General Assembly or permissive under that Section. The
31		Department shall designate the counties to be served by
32		each regional juvenile detention center.
33		(d) To develop and maintain programs of control,
34		rehabilitation and employment of committed persons within
35		its institutions.
36		(e) To establish a system of supervision and guidance

1		of committed persons in the community.
2		(f) To establish in cooperation with the Department of
3		Transportation to supply a sufficient number of prisoners
4		for use by the Department of Transportation to clean up the
5		trash and garbage along State, county, township, or
6		municipal highways as designated by the Department of
7		Transportation. The Department of Corrections, at the
8		request of the Department of Transportation, shall furnish
9		such prisoners at least annually for a period to be agreed
10		upon between the Director of Corrections and the Director
11		of Transportation. The prisoners used on this program shall
12		be selected by the Director of Corrections on whatever
13		basis he deems proper in consideration of their term,
14		behavior and earned eligibility to participate in such
15		program - where they will be outside of the prison facility
16		but still in the custody of the Department of Corrections.
17		Prisoners convicted of first degree murder, or a Class X
18		felony, or armed violence, or aggravated kidnapping, or
19		criminal sexual assault, aggravated criminal sexual abuse
20		or a subsequent conviction for criminal sexual abuse, or
21		forcible detention, or arson, or a prisoner adjudged a
22		Habitual Criminal shall not be eligible for selection to
23		participate in such program. The prisoners shall remain as
24		prisoners in the custody of the Department of Corrections
25		and such Department shall furnish whatever security is
26		necessary. The Department of Transportation shall furnish
27		trucks and equipment for the highway cleanup program and
28		personnel to supervise and direct the program. Neither the
29		Department of Corrections nor the Department of
30		Transportation shall replace any regular employee with a
31		prisoner.
32		(g) To maintain records of persons committed to it and
33		to establish programs of research, statistics and
34		planning.
35		(h) To investigate the grievances of any person
36		committed to the Department, to inquire into any alleged

1		misconduct by employees or committed persons, and to
2		investigate the assets of committed persons to implement
3		Section 3-7-6 of this Code; and for these purposes it may
4		issue subpoenas and compel the attendance of witnesses and
5		the production of writings and papers, and may examine
6		under oath any witnesses who may appear before it; to also
7		investigate alleged violations of a parolee's or
8		releasee's conditions of parole or release; and for this
9		purpose it may issue subpoenas and compel the attendance of
10		witnesses and the production of documents only if there is
11		reason to believe that such procedures would provide
12		evidence that such violations have occurred.
13		If any person fails to obey a subpoena issued under
14		this subsection, the Director may apply to any circuit
15		court to secure compliance with the subpoena. The failure
16		to comply with the order of the court issued in response
17		thereto shall be punishable as contempt of court.
18		(i) To appoint and remove the chief administrative
19		officers, and administer programs of training and
20		development of personnel of the Department. Personnel
21		assigned by the Department to be responsible for the
22		custody and control of committed persons or to investigate
23		the alleged misconduct of committed persons or employees or
24		alleged violations of a parolee's or releasee's conditions
25		of parole shall be conservators of the peace for those
26		purposes, and shall have the full power of peace officers
27		outside of the facilities of the Department in the
28		protection, arrest, retaking and reconfining of committed
29		persons or where the exercise of such power is necessary to
30		the investigation of such misconduct or violations.
31		(j) To cooperate with other departments and agencies
32		and with local communities for the development of standards
33		and programs for better correctional services in this
34		State.
35		(k) To administer all moneys and properties of the
36		Department.

1		(l) To report annually to the Governor on the committed
2		persons, institutions and programs of the Department.
3		(l-5) In a confidential annual report to the Governor,
4		the Department shall identify all inmate gangs by
5		specifying each current gang's name, population and allied
6		gangs. The Department shall further specify the number of
7		top leaders identified by the Department for each gang
8		during the past year, and the measures taken by the
9		Department to segregate each leader from his or her gang
10		and allied gangs. The Department shall further report the
11		current status of leaders identified and segregated in
12		previous years. All leaders described in the report shall
13		be identified by inmate number or other designation to
14		enable tracking, auditing, and verification without
15		revealing the names of the leaders. Because this report
16		contains law enforcement intelligence information
17		collected by the Department, the report is confidential and
18		not subject to public disclosure.
19		(m) To make all rules and regulations and exercise all
20		powers and duties vested by law in the Department.
21		(n) To establish rules and regulations for
22		administering a system of good conduct credits,
23		established in accordance with Section 3-6-3, subject to
24		review by the Prisoner Review Board.
25		(o) To administer the distribution of funds from the
26		State Treasury to reimburse counties where State penal
27		institutions are located for the payment of assistant
28		state's attorneys' salaries under Section 4-2001 of the
29		Counties Code.
30		(p) To exchange information with the Department of
31		Human Services and the Illinois Department of Public Aid
32		for the purpose of verifying living arrangements and for
33		other purposes directly connected with the administration
34		of this Code and the Illinois Public Aid Code.
35		(q) To establish a diversion program.
36		The program shall provide a structured environment for

1		selected technical parole or mandatory supervised release
2		violators and committed persons who have violated the rules
3		governing their conduct while in work release. This program
4		shall not apply to those persons who have committed a new
5		offense while serving on parole or mandatory supervised
6		release or while committed to work release.
7		Elements of the program shall include, but shall not be
8		limited to, the following:
9		(1) The staff of a diversion facility shall provide
10		supervision in accordance with required objectives set
11		by the facility.
12		(2) Participants shall be required to maintain
13		employment.
14		(3) Each participant shall pay for room and board
15		at the facility on a sliding-scale basis according to
16		the participant's income.
17		(4) Each participant shall:
18		(A) provide restitution to victims in
19		accordance with any court order;
20		(B) provide financial support to his
21		dependents; and
22		(C) make appropriate payments toward any other
23		court-ordered obligations.
24		(5) Each participant shall complete community
25		service in addition to employment.
26		(6) Participants shall take part in such
27		counseling, educational and other programs as the
28		Department may deem appropriate.
29		(7) Participants shall submit to drug and alcohol
30		screening.
31		(8) The Department shall promulgate rules
32		governing the administration of the program.
33		(r) To enter into intergovernmental cooperation
34		agreements under which persons in the custody of the
35		Department may participate in a county impact
36		incarceration program established under Section 3-6038 or

1		3-15003.5 of the Counties Code.
2		(r-5) To enter into intergovernmental cooperation
3		agreements under which minors adjudicated delinquent and
4		committed to the Department of Corrections, Juvenile
5		Division, may participate in a county juvenile impact
6		incarceration program established under Section 3-6039 of
7		the Counties Code.
8		(r-10) To systematically and routinely identify with
9		respect to each streetgang active within the correctional
10		system: (1) each active gang; (2) every existing inter-gang
11		affiliation or alliance; and (3) the current leaders in
12		each gang. The Department shall promptly segregate leaders
13		from inmates who belong to their gangs and allied gangs.
14		"Segregate" means no physical contact and, to the extent
15		possible under the conditions and space available at the
16		correctional facility, prohibition of visual and sound
17		communication. For the purposes of this paragraph (r-10),
18		"leaders" means persons who:
19		(i) are members of a criminal streetgang;
20		(ii) with respect to other individuals within the
21		streetgang, occupy a position of organizer,
22		supervisor, or other position of management or
23		leadership; and
24		(iii) are actively and personally engaged in
25		directing, ordering, authorizing, or requesting
26		commission of criminal acts by others, which are
27		punishable as a felony, in furtherance of streetgang
28		related activity both within and outside of the
29		Department of Corrections.
30		"Streetgang", "gang", and "streetgang related" have the
31		meanings ascribed to them in Section 10 of the Illinois
32		Streetgang Terrorism Omnibus Prevention Act.
33		(s) To operate a super-maximum security institution,
34		in order to manage and supervise inmates who are disruptive
35		or dangerous and provide for the safety and security of the
36		staff and the other inmates.

1		(t) To monitor any unprivileged conversation or any
2		unprivileged communication, whether in person or by mail,
3		telephone, or other means, between an inmate who, before
4		commitment to the Department, was a member of an organized
5		gang and any other person without the need to show cause or
6		satisfy any other requirement of law before beginning the
7		monitoring, except as constitutionally required. The
8		monitoring may be by video, voice, or other method of
9		recording or by any other means. As used in this
10		subdivision (1)(t), "organized gang" has the meaning
11		ascribed to it in Section 10 of the Illinois Streetgang
12		Terrorism Omnibus Prevention Act.
13		As used in this subdivision (1)(t), "unprivileged
14		conversation" or "unprivileged communication" means a
15		conversation or communication that is not protected by any
16		privilege recognized by law or by decision, rule, or order
17		of the Illinois Supreme Court.
18		(u) To establish a Women's and Children's Pre-release
19		Community Supervision Program for the purpose of providing
20		housing and services to eligible female inmates, as
21		determined by the Department, and their newborn and young
22		children.
23		(v) To do all other acts necessary to carry out the
24		provisions of this Chapter.
25		(2) The Department of Corrections shall by January 1, 1998,
26		consider building and operating a correctional facility within
27		100 miles of a county of over 2,000,000 inhabitants, especially
28		a facility designed to house juvenile participants in the
29		impact incarceration program.
30		(3) When the Department lets bids for contracts for medical
31		services to be provided to persons committed to Department
32		facilities by a health maintenance organization, medical
33		service corporation, or other health care provider, the bid may
34		only be let to a health care provider that has obtained an
35		irrevocable letter of credit or performance bond issued by a
36		company whose bonds are rated AAA by a bond rating

1		organization.
2		(4) When the Department lets bids for contracts for food or
3		commissary services to be provided to Department facilities,
4		the bid may only be let to a food or commissary services
5		provider that has obtained an irrevocable letter of credit or
6		performance bond issued by a company whose bonds are rated AAA
7		by a bond rating organization.
8		(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
9		92-444, eff. 1-1-02; 92-712, eff. 1-1-03.)