Illinois Compiled Statutes
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705 ILCS 405/3-21
(705 ILCS 405/3-21)
(from Ch. 37, par. 803-21)
Continuance under supervision.
(1) The court may enter an
order of continuance under supervision (a) upon an admission or stipulation
by the appropriate respondent or minor respondent of the facts supporting
the petition and before proceeding to findings and adjudication, or after
hearing the evidence at the adjudicatory hearing but before noting in the
minutes of proceedings a finding of whether or not the minor is a person
requiring authoritative intervention; and (b) in the absence of objection
made in open court by the minor, his parent, guardian, custodian,
responsible relative, defense attorney or the State's Attorney.
(2) If the minor, his parent, guardian, custodian, responsible
relative, defense attorney or State's Attorney, objects in open court to
any such continuance and insists upon proceeding to findings and
adjudication, the court shall so proceed.
(3) Nothing in this Section limits the power of the court to order a
continuance of the hearing for the production of additional evidence or
for any other proper reason.
(4) When a hearing where a minor is alleged to be a minor requiring
authoritative intervention is continued pursuant to this Section, the court
may permit the minor to remain in his home subject to such conditions
concerning his conduct and supervision as the court may require by order.
(5) If a petition is filed charging a violation of a condition of the
continuance under supervision, the court shall conduct a hearing. If the court
finds that such condition of supervision has not been fulfilled the court may
proceed to findings and adjudication and disposition. The filing of a
petition for violation of a condition of the continuance under supervision
shall toll the period of continuance under supervision until the final
determination of the charge, and the term of the continuance under
supervision shall not run until the hearing and disposition of the petition for
violation; provided where the petition alleges conduct that does not constitute
a criminal offense, the hearing must be held within 15 days of the filing
of the petition unless a delay in such hearing has been occasioned by the
minor, in which case the delay shall continue the tolling of the period
of continuance under supervision for the period of such delay.
(6) The court must impose upon a minor under an order of continuance
supervision or an order of disposition under this Article III, as a condition
of the order, a fee of $25 for each month or partial month of supervision with
a probation officer. If the court determines the inability of the minor, or
the parent, guardian, or legal custodian of the minor to pay the fee, the
court may impose a lesser fee. The court may not impose the fee on a minor who
is placed in the guardianship or custody of the Department of Children and Family Services under this Act. The fee may be imposed only upon
a minor who is actively supervised by the probation and court services
department. The fee must be collected by the clerk of the circuit court. The
clerk of the circuit court must pay all monies collected from this fee to the
county treasurer for deposit into the probation and court services fund under
Section 15.1 of the Probation and Probation Officers Act.
(Source: P.A. 100-159, eff. 8-18-17.)