[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB1626
705 ILCS 405/1-3 from Ch. 37, par. 801-3
705 ILCS 405/3-8 from Ch. 37, par. 803-8
705 ILCS 405/4-5 from Ch. 37, par. 804-5
705 ILCS 405/5-6 from Ch. 37, par. 805-6
705 ILCS 405/5-6.5 new
705 ILCS 405/5-23 from Ch. 37, par. 805-23
Amends the Juvenile Court Act of 1987. Establishes a
juvenile intake center as a pilot project in a judicial
circuit selected by the Department of Corrections and
administered by the administrator of the court services
department of that judicial circuit. Provides that the
center shall serve a minor at least 13 years of age who is a
first time offender, who has not been adjudicated delinquent
for a crime of violence, forcible felony, or a Class X, Class
1, or Class 2 felony, and who is physically able to
participate in regimented physical activities. Provides that
the program shall include mandatory labor, regimented
activities, uniformity of dress and appearance, education,
and counseling. Effective immediately.
LRB9003209RCks
LRB9003209RCks
1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Sections 1-3, 3-8, 4-5, 5-6, and 5-23 and adding
3 Section 5-6.5.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Juvenile Court Act of 1987 is amended by
7 changing Sections 1-3, 3-8, 4-5, 5-6, and 5-23 and adding
8 Section 5-6.5 as follows:
9 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
10 Sec. 1-3. Definitions. Terms used in this Act, unless
11 the context otherwise requires, have the following meanings
12 ascribed to them:
13 (1) Adjudicatory hearing. "Adjudicatory hearing" means a
14 hearing to determine whether the allegations of a petition
15 under Section 2-13, 3-15 or 4-12 that a minor under 18 years
16 of age is abused, neglected or dependent, or requires
17 authoritative intervention, or addicted, respectively, are
18 supported by a preponderance of the evidence or whether the
19 allegations of a petition under Section 5-13 that a minor is
20 delinquent are proved beyond a reasonable doubt.
21 (2) Adult. "Adult" means a person 21 years of age or
22 older.
23 (3) Agency. "Agency" means a public or private child
24 care facility legally authorized or licensed by this State
25 for placement or institutional care or for both placement and
26 institutional care.
27 (4) Association. "Association" means any organization,
28 public or private, engaged in welfare functions which include
29 services to or on behalf of children but does not include
30 "agency" as herein defined.
31 (4.1) Chronic truant. "Chronic truant" shall have the
-2- LRB9003209RCks
1 definition ascribed to it in Section 26-2a of The School
2 Code.
3 (5) Court. "Court" means the circuit court in a session
4 or division assigned to hear proceedings under this Act.
5 (6) Dispositional hearing. "Dispositional hearing" means
6 a hearing to determine whether a minor should be adjudged to
7 be a ward of the court, and to determine what order of
8 disposition should be made in respect to a minor adjudged to
9 be a ward of the court.
10 (7) Emancipated minor. "Emancipated minor" means any
11 minor 16 years of age or over who has been completely or
12 partially emancipated under the "Emancipation of Mature
13 Minors Act", enacted by the Eighty-First General Assembly, or
14 under this Act.
15 (8) Guardianship of the person. "Guardianship of the
16 person" of a minor means the duty and authority to act in the
17 best interests of the minor, subject to residual parental
18 rights and responsibilities, to make important decisions in
19 matters having a permanent effect on the life and development
20 of the minor and to be concerned with his or her general
21 welfare. It includes but is not necessarily limited to:
22 (a) the authority to consent to marriage, to
23 enlistment in the armed forces of the United States, or
24 to a major medical, psychiatric, and surgical treatment;
25 to represent the minor in legal actions; and to make
26 other decisions of substantial legal significance
27 concerning the minor;
28 (b) the authority and duty of reasonable
29 visitation, except to the extent that these have been
30 limited in the best interests of the minor by court
31 order;
32 (c) the rights and responsibilities of legal
33 custody except where legal custody has been vested in
34 another person or agency; and
-3- LRB9003209RCks
1 (d) the power to consent to the adoption of the
2 minor, but only if expressly conferred on the guardian in
3 accordance with Section 2-29, 3-30, 4-27 or 5-31.
4 (9) Legal custody. "Legal custody" means the
5 relationship created by an order of court in the best
6 interests of the minor which imposes on the custodian the
7 responsibility of physical possession of a minor and the duty
8 to protect, train and discipline him and to provide him with
9 food, shelter, education and ordinary medical care, except as
10 these are limited by residual parental rights and
11 responsibilities and the rights and responsibilities of the
12 guardian of the person, if any.
13 (10) Minor. "Minor" means a person under the age of 21
14 years subject to this Act.
15 (11) Parents. "Parent" means the father or mother of a
16 child and includes any adoptive parent. It also includes the
17 father whose paternity is presumed or has been established
18 under the law of this or another jurisdiction. It does not
19 include a parent whose rights in respect to the minor have
20 been terminated in any manner provided by law.
21 (11.1) "Permanency goal" means a goal set by a service
22 plan or an administrative case review, including, but not
23 limited to, (i) remaining home, (ii) returning home to a
24 specified parent or guardian, (iii) adoption, (iv) successor
25 guardianship, (v) long-term relative foster care, (vi) other
26 long-term substitute care, when no other goal is appropriate,
27 or (vii) emancipation.
28 (11.2) "Permanency review hearing" means a hearing to
29 review and determine (i) the appropriateness of the
30 permanency goal in light of the permanency alternatives, (ii)
31 the appropriateness of the plan to achieve the goal, (iii)
32 the appropriateness of the services delivered and to be
33 delivered to effectuate the plan and goal, and (iv) the
34 efforts being made by all the parties to achieve the plan and
-4- LRB9003209RCks
1 goal.
2 (12) Petition. "Petition" means the petition provided
3 for in Section 2-13, 3-15, 4-12 or 5-13, including any
4 supplemental petitions thereunder.
5 (13) Residual parental rights and responsibilities.
6 "Residual parental rights and responsibilities" means those
7 rights and responsibilities remaining with the parent after
8 the transfer of legal custody or guardianship of the person,
9 including, but not necessarily limited to, the right to
10 reasonable visitation (which may be limited by the court in
11 the best interests of the minor as provided in subsection
12 (8)(b) of this Section), the right to consent to adoption,
13 the right to determine the minor's religious affiliation, and
14 the responsibility for his support.
15 (14) Shelter. "Shelter" means the temporary care of a
16 minor in physically unrestricting facilities pending court
17 disposition or execution of court order for placement.
18 (15) Station adjustment. "Station adjustment" means the
19 informal handling of an alleged offender by a juvenile police
20 officer.
21 (16) Ward of the court. "Ward of the court" means a
22 minor who is so adjudged under Section 2-22, 3-23, 4-20 or
23 5-22, after a finding of the requisite jurisdictional facts,
24 and thus is subject to the dispositional powers of the court
25 under this Act.
26 (17) Juvenile police officer. "Juvenile police officer"
27 means a sworn police officer who has completed a Basic
28 Recruit Training Course, has been assigned to the position of
29 juvenile police officer by his or her chief law enforcement
30 officer and has completed the necessary juvenile officers
31 training as prescribed by the Illinois Law Enforcement
32 Training Standards Board, or in the case of a State police
33 officer, juvenile officer training approved by the Director
34 of the Department of State Police. In Articles III, IV, and
-5- LRB9003209RCks
1 V, in the judicial circuit selected by the Department of
2 Corrections, solely for the purpose of implementing the
3 juvenile intake center pilot project established under
4 Section 5-6.5, "juvenile police officer" means an employee of
5 the juvenile intake center who has successfully completed the
6 necessary juvenile officers training prescribed by the
7 Illinois Law Enforcement Training Standards Board.
8 (Source: P.A. 88-7, Sec. 5; 88-7, Sec. 15; 88-487; 88-586,
9 eff. 8-12-94; 88-670, eff. 12-2-94.)
10 (705 ILCS 405/3-8) (from Ch. 37, par. 803-8)
11 Sec. 3-8. Duty of officer; admissions by minor. (1) A
12 law enforcement officer who takes a minor into custody with a
13 warrant shall immediately make a reasonable attempt to notify
14 the parent or other person legally responsible for the
15 minor's care or the person with whom the minor resides that
16 the minor has been taken into custody and where he or she is
17 being held; and the officer shall without unnecessary delay
18 take the minor to the nearest juvenile police officer
19 designated for such purposes in the county of venue or shall
20 surrender the minor to a juvenile police officer in the city
21 or village where the offense is alleged to have been
22 committed.
23 The minor shall be delivered without unnecessary delay to
24 the court or to the place designated by rule or order of
25 court for the reception of minors. The court may not
26 designate a place of detention for the reception of minors,
27 unless the minor is alleged to be a person described in
28 Section 5-3.
29 (2) A law enforcement officer who takes a minor into
30 custody without a warrant under Section 3-7 shall, if the
31 minor is not released, immediately make a reasonable attempt
32 to notify the parent or other person legally responsible for
33 the minor's care or the person with whom the minor resides
-6- LRB9003209RCks
1 that the minor has been taken into custody and where the
2 minor is being held; and the law enforcement officer shall
3 without unnecessary delay take the minor to the nearest
4 juvenile police officer designated for such purposes in the
5 county of venue or shall surrender the minor to a juvenile
6 police officer in the city or village where the offense is
7 alleged to have been committed.
8 (3) The juvenile police officer may take one of the
9 following actions:
10 (a) station adjustment with release of the minor;
11 (b) station adjustment with release of the minor to a
12 parent;
13 (c) station adjustment, release of the minor to a
14 parent, and referral of the case to community services;
15 (d) station adjustment, release of the minor to a
16 parent, and referral of the case to community services with
17 informal monitoring by a juvenile police officer;
18 (e) station adjustment and release of the minor to a
19 third person pursuant to agreement of the minor and parents;
20 (f) station adjustment, release of the minor to a third
21 person pursuant to agreement of the minor and parents, and
22 referral of the case to community services;
23 (g) station adjustment, release of the minor to a third
24 person pursuant to agreement of the minor and parent, and
25 referral to community services with informal monitoring by a
26 juvenile police officer;
27 (h) release of the minor to his or her parents and
28 referral of the case to a county juvenile probation officer
29 or such other public officer designated by the court;
30 (i) release of the minor to school officials of his
31 school during regular school hours;
32 (j) if the juvenile police officer reasonably believes
33 that there is an urgent and immediate necessity to keep the
34 minor in custody, the juvenile police officer shall deliver
-7- LRB9003209RCks
1 the minor without unnecessary delay to the court or to the
2 place designated by rule or order of court for the reception
3 of minors, which for the purpose of implementing the juvenile
4 intake center pilot project established under Section 5-6.5,
5 shall be the juvenile intake center established under that
6 Section; and
7 (k) any other appropriate action with consent of the
8 minor and a parent.
9 (Source: P.A. 86-628.)
10 (705 ILCS 405/4-5) (from Ch. 37, par. 804-5)
11 Sec. 4-5. Duty of officer; admissions by minor. (1) A
12 law enforcement officer who takes a minor into custody with a
13 warrant shall immediately make a reasonable attempt to notify
14 the parent or other person legally responsible for the
15 minor's care or the person with whom the minor resides that
16 the minor has been taken into custody and where he or she is
17 being held; and the officer shall without unnecessary delay
18 take the minor to the nearest juvenile police officer
19 designated for such purposes in the county of venue or shall
20 surrender the minor to a juvenile police officer in the city
21 or village where the offense is alleged to have been
22 committed.
23 The minor shall be delivered without unnecessary delay to
24 the court or to the place designated by rule or order of
25 court for the reception of minors, provided that the court
26 may not designate a place of detention.
27 (2) A law enforcement officer who takes a minor into
28 custody without a warrant under Section 4-4 shall, if the
29 minor is not released, immediately make a reasonable attempt
30 to notify the parent or other person legally responsible for
31 the minor's care or the person with whom the minor resides
32 that the minor has been taken into custody and where the
33 minor is being held; and the law enforcement officer shall
-8- LRB9003209RCks
1 without unnecessary delay take the minor to the nearest
2 juvenile police officer designated for such purposes in the
3 county of venue.
4 (3) The juvenile police officer may take one of the
5 following actions:
6 (a) station adjustment with release of the minor;
7 (b) station adjustment with release of the minor to a
8 parent;
9 (c) station adjustment, release of the minor to a
10 parent, and referral of the case to community services;
11 (d) station adjustment, release of the minor to a
12 parent, and referral of the case to community services with
13 informal monitoring by a juvenile police officer;
14 (e) station adjustment and release of the minor to a
15 third person pursuant to agreement of the minor and parents;
16 (f) station adjustment, release of the minor to a third
17 person pursuant to agreement of the minor and parents, and
18 referral of the case to community services;
19 (g) station adjustment, release of the minor to a third
20 person pursuant to agreement of the minor and parents, and
21 referral to community services with informal monitoring by a
22 juvenile police officer;
23 (h) release of the minor to his or her parents and
24 referral of the case to a county juvenile probation officer
25 or such other public officer designated by the court;
26 (i) if the juvenile police officer reasonably believes
27 that there is an urgent and immediate necessity to keep the
28 minor in custody, the juvenile police officer shall deliver
29 the minor without unnecessary delay to the court or to the
30 place designated by rule or order of the court for the
31 reception of minors, which for the purpose of implementing
32 the juvenile intake center pilot project established under
33 Section 5-6.5, shall be the juvenile intake center
34 established under that Section; and
-9- LRB9003209RCks
1 (j) any other appropriate action with consent of the
2 minor and a parent.
3 (Source: P.A. 85-601.)
4 (705 ILCS 405/5-6) (from Ch. 37, par. 805-6)
5 Sec. 5-6. Duty of officer; admissions by minor. (1) A
6 law enforcement officer who takes a minor into custody with a
7 warrant shall immediately make a reasonable attempt to notify
8 the parent or other person legally responsible for the
9 minor's care or the person with whom the minor resides that
10 the minor has been taken into custody and where he or she is
11 being held; and the officer shall without unnecessary delay
12 take the minor to the nearest juvenile police officer
13 designated for such purposes in the county of venue or shall
14 surrender the minor to a juvenile police officer in the city
15 or village where the offense is alleged to have been
16 committed.
17 The minor shall be delivered without unnecessary delay to
18 the court or to the place designated by rule or order of
19 court for the reception of minors.
20 (2) A law enforcement officer who takes a minor into
21 custody without a warrant under Section 5-5 shall, if the
22 minor is not released, immediately make a reasonable attempt
23 to notify the parent or other person legally responsible for
24 the minor's care or the person with whom the minor resides
25 that the minor has been taken into custody and where the
26 minor is being held; and the law enforcement officer shall
27 without unnecessary delay take the minor to the nearest
28 juvenile police officer designated for such purposes in the
29 county of venue or shall surrender the minor to a juvenile
30 police officer in the city or village where the offense is
31 alleged to have been committed.
32 (3) The juvenile police officer may take one of the
33 following actions:
-10- LRB9003209RCks
1 (a) station adjustment with release of the minor;
2 (b) station adjustment with release of the minor to a
3 parent;
4 (c) station adjustment, release of the minor to a
5 parent, and referral of the case to community services;
6 (d) station adjustment, release of the minor to a
7 parent, and referral of the case to community services with
8 informal monitoring by a juvenile police officer;
9 (e) station adjustment and release of the minor to a
10 third person pursuant to agreement of the minor and parents;
11 (f) station adjustment, release of the minor to a third
12 person pursuant to agreement of the minor and parents, and
13 referral of the case to community services;
14 (g) station adjustment, release of the minor to a third
15 person pursuant to agreement of the minor and parent, and
16 referral to community services with informal monitoring by a
17 juvenile police officer;
18 (h) release of the minor to his or her parents and
19 referral of the case to a county juvenile probation officer
20 or such other public officer designated by the court;
21 (i) if the juvenile police officer reasonably believes
22 that there is an urgent and immediate necessity to keep the
23 minor in custody, the juvenile police officer shall deliver
24 the minor without unnecessary delay to the court or to the
25 place designated by rule or order of court for the reception
26 of minors, which, in the judicial circuit selected by the
27 Department of Corrections, for the purpose of implementing
28 the juvenile intake center pilot project established under
29 Section 5-6.5, shall be the juvenile intake center
30 established under that Section;
31 (j) if the minor and a parent or guardian consent in
32 writing, the juvenile police officer may condition the
33 minor's release upon his or her agreement to perform public
34 or community service subject to Sections 1-12 and 1-13 of
-11- LRB9003209RCks
1 this Act or to make restitution for damages; and
2 (k) any other appropriate action with consent of the
3 minor and a parent.
4 (4) The factors to be considered in determining whether
5 to release or keep a minor in custody shall include:
6 (a) the nature of the allegations against the minor;
7 (b) the minor's history and present situation;
8 (c) the history of the minor's family and the family's
9 present situation;
10 (d) the educational and employment status of the minor;
11 (e) the availability of special resource or community
12 services to aid or counsel the minor;
13 (f) the minor's past involvement with and progress in
14 social programs;
15 (g) the attitude of complainant and community toward the
16 minor; and
17 (h) the present attitude of the minor and family.
18 (5) The records of law enforcement officers concerning
19 all minors taken into custody under this Act shall be
20 maintained separate from the records of arrests and may not
21 be inspected by or disclosed to the public except by order of
22 the court.
23 (Source: P.A. 85-1209.)
24 (705 ILCS 405/5-6.5 new)
25 Sec. 5-6.5. Juvenile intake center pilot project.
26 (a) The General Assembly finds that if a juvenile intake
27 center program is implemented as a pilot project in a
28 judicial circuit that includes both urban and rural areas,
29 the results of that pilot project will enable the General
30 Assembly to determine whether such a program should be
31 implemented statewide.
32 (b) There is established as a pilot project in a circuit
33 selected by the Department of Corrections a juvenile intake
-12- LRB9003209RCks
1 center for first time juvenile offenders. The pilot project
2 shall be administered by the administrator of the court
3 services department of that judicial circuit or the most
4 populous county in that judicial circuit, according to an
5 intergovernmental agreement entered into for that purpose
6 between the county boards of the counties in that judicial
7 circuit.
8 (c) The juvenile intake center established under this
9 Section shall serve alleged minors requiring authoritative
10 intervention, alleged addicted minors, and alleged delinquent
11 minors as provided in this Act. The juvenile intake center
12 also shall operate a juvenile intake center program as
13 provided in this Section.
14 (d) The juvenile intake center program established under
15 this Section shall include, among other matters, mandatory
16 labor, regimented activities, uniformity of dress and
17 appearance, education, and counseling, including drug
18 counseling if appropriate, and must impart to the alleged
19 delinquent minor principles of honor, integrity,
20 self-sufficiency, self-discipline, self-respect, and respect
21 for others. The program also shall include as much public or
22 community service work as possible. The program shall include
23 a period of confinement of not to exceed 14 days in the
24 juvenile intake center.
25 (e) A minor adjudicated a delinquent minor may be
26 committed to the juvenile intake center program as provided
27 in Section 5-23 at the discretion of the court.
28 In order to be eligible to participate in the juvenile
29 intake center program, a delinquent minor must meet all of
30 the following requirements:
31 (1) The minor is at least 13 years of age.
32 (2) An act for which the minor is adjudicated a
33 delinquent does not constitute a crime of violence as
34 defined in the Crime Victims Compensation Act, a forcible
-13- LRB9003209RCks
1 felony as defined in Section 2-8 of the Criminal Code of
2 1961, or a Class X, Class 1, or Class 2 felony.
3 (3) The minor has not previously participated in
4 the juvenile intake center program and has not previously
5 been adjudicated a delinquent minor.
6 (4) The minor is physically able to participate in
7 regimented physical activities or labor.
8 (5) The minor does not have a mental disorder or
9 disability that would prevent participation in the
10 juvenile intake center program.
11 The pilot project administrator may also consider, among
12 other matters, whether the minor has a history of escaping or
13 absconding, whether participation in the juvenile intake
14 center program may pose a risk to the safety or security of
15 any person, and whether space is available.
16 (f) Privileges of minors participating in the juvenile
17 intake center program, including visitation, commissary,
18 receipt and retention of property and publications, and
19 access to television, radio, and a library, may be suspended
20 or restricted.
21 (g) Minors participating in the juvenile intake center
22 program shall adhere to all rules and all requirements of the
23 program established by the pilot project administrator.
24 Minors shall be informed of program rules of behavior and
25 conduct.
26 (h) A minor may be removed from the juvenile intake
27 center program for a violation of the terms or conditions of
28 the program or if he or she is for any reason unable to
29 participate. The pilot project administrator shall
30 promulgate rules governing conduct that could result in
31 removal from the program or in a determination that the minor
32 has not successfully completed the program. Minors shall
33 have access to these rules. The rules shall provide that the
34 minor shall receive notice and have the opportunity to appear
-14- LRB9003209RCks
1 before and address the pilot project administrator or a
2 person appointed by the administrator.
3 (i) The pilot project administrator shall report to the
4 chief judge of the circuit and the county boards of the
5 counties in that judicial circuit on or before September 30
6 of each year through 1998 on the juvenile intake center pilot
7 project, including statistics on the age, offense, and county
8 of residence of juvenile intake center program participants.
9 (j) The pilot project shall terminate on June 30, 1999.
10 On or before December 31 of each year through 1998, the pilot
11 project administrator and the chief judge of the judicial
12 circuit shall jointly report to the General Assembly the
13 results of the pilot project and recommendations concerning
14 statewide implementation of the juvenile intake center.
15 (705 ILCS 405/5-23) (from Ch. 37, par. 805-23)
16 (Text of Section before amendment by P.A. 89-507)
17 Sec. 5-23. Kinds of dispositional orders.
18 (1) The following kinds of orders of disposition may be
19 made in respect of wards of the court:
20 (a) Except as provided in Section 5-33 and Section
21 5-35, a minor found to be a delinquent under Section 5-3
22 may be:
23 (1) put on probation or conditional discharge
24 and released to his or her parents, guardian or
25 legal custodian, provided, however, that any such
26 minor who is not committed to the Department of
27 Corrections, Juvenile Division under this subsection
28 and who is found to be a delinquent for an offense
29 which is first degree murder, a Class X felony, or a
30 forcible felony shall be placed on probation;
31 (2) placed in accordance with Section 5-29,
32 with or without also being put on probation or
33 conditional discharge;
-15- LRB9003209RCks
1 (3) where authorized under the Alcoholism and
2 Other Drug Abuse and Dependency Act, ordered
3 admitted for treatment for drug addiction by the
4 Illinois Department of Alcoholism and Substance
5 Abuse;
6 (4) committed to the Department of Children
7 and Family Services, but only if the delinquent
8 minor is under 13 years of age;
9 (5) placed in detention for a period not to
10 exceed 30 days, either as the exclusive order of
11 disposition or, where appropriate, in conjunction
12 with any other order of disposition issued under
13 this paragraph, provided that any such detention
14 shall be in a juvenile detention home and the minor
15 so detained shall be 10 years of age or older.
16 However, the 30-day limitation may be extended by
17 further order of the court for a minor under age 13
18 committed to the Department of Children and Family
19 Services if the court finds that the minor is a
20 danger to himself or others. The minor shall be
21 given credit on the dispositional order of detention
22 for time spent in detention under Sections 5-10(2),
23 5-14(b)(2), 5-23(1)(b), or 5-25(2) of this Act as a
24 result of the offense for which the dispositional
25 order was imposed. The court may grant credit on a
26 dispositional order of detention entered under a
27 violation of probation or violation of conditional
28 discharge under Section 5-25 of this Act for time
29 spent in detention before the filing of the petition
30 alleging the violation. A minor shall not be
31 deprived of credit for time spent in detention
32 before the filing of a violation of probation or
33 conditional discharge alleging the same or related
34 act(s);
-16- LRB9003209RCks
1 (6) ordered partially or completely
2 emancipated in accordance with the provisions of the
3 Emancipation of Mature Minors Act; or
4 (7) put on probation or conditional discharge
5 and placed in detention under Section 3-6039 of the
6 Counties Code for a period not to exceed the period
7 of incarceration permitted by law for adults found
8 guilty of the same offense or offenses for which the
9 minor was adjudicated delinquent, and in any event
10 no longer than upon attainment of age 21; this
11 subdivision (7) notwithstanding any contrary
12 provision of the law; or .
13 (8) in a judicial circuit selected by the
14 Department of Corrections, committed to the juvenile
15 intake center program established under Section
16 5-6.5.
17 (b) A minor found to be delinquent may be committed
18 to the Department of Corrections, Juvenile Division,
19 under Section 5-33 if the minor is 13 years of age or
20 older, provided that the commitment to the Department of
21 Corrections, Juvenile Division, shall be made only if a
22 term of incarceration is permitted by law for adults
23 found guilty of the offense for which the minor was
24 adjudicated delinquent. The time during which a minor is
25 in custody before being released upon the request of a
26 parent, guardian or custodian shall be considered as time
27 spent in detention.
28 (1.1) When a minor is found to be delinquent for an
29 offense which is a violation of the Illinois Controlled
30 Substances Act or the Cannabis Control Act and made a ward of
31 the court, the court may enter a disposition order requiring
32 the minor to undergo assessment, counseling or treatment in a
33 substance abuse program approved by the Department of
34 Alcoholism and Substance Abuse.
-17- LRB9003209RCks
1 (2) Any order of disposition other than commitment to
2 the Department of Corrections, Juvenile Division, may provide
3 for protective supervision under Section 5-26 and may include
4 an order of protection under Section 5-27.
5 (3) Unless the order of disposition expressly so
6 provides, it does not operate to close proceedings on the
7 pending petition, but is subject to modification until final
8 closing and discharge of the proceedings under Section 5-34.
9 (4) In addition to any other order of disposition, the
10 court may order any minor found to be delinquent to make
11 restitution, in monetary or non-monetary form, under the
12 terms and conditions of Section 5-5-6 of the Unified Code of
13 Corrections, except that the "presentence hearing" referred
14 to therein shall be the dispositional hearing for purposes of
15 this Section. The parent, guardian or legal custodian of the
16 minor may be ordered by the court to pay some or all of the
17 restitution on the minor's behalf, pursuant to the Parental
18 Responsibility Law, as now or hereafter amended. The State's
19 Attorney is authorized to act on behalf of any victim in
20 seeking restitution in proceedings under this Section, up to
21 the maximum amount allowed in Section 5 of the Parental
22 Responsibility Law.
23 (5) Any order for disposition where the minor is
24 committed or placed in accordance with Section 5-29 shall
25 provide for the parents or guardian of the estate of such
26 minor to pay to the legal custodian or guardian of the person
27 of the minor such sums as are determined by the custodian or
28 guardian of the person of the minor as necessary for the
29 minor's needs. Such payments may not exceed the maximum
30 amounts provided for by Section 9.1 of the Children and
31 Family Services Act.
32 (6) Whenever the order of disposition requires the minor
33 to attend school or participate in a program of training, the
34 truant officer or designated school official shall regularly
-18- LRB9003209RCks
1 report to the court if the minor is a chronic or habitual
2 truant under Section 26-2a of the School Code.
3 (7) In no event shall a delinquent minor be committed
4 for a period of time in excess of that period for which an
5 adult could be committed for the same act.
6 (8) A minor found to be delinquent for reasons that
7 include a violation of Section 21-1.3 of the Criminal Code of
8 1961 shall be ordered to perform community service for not
9 less than 30 and not more than 120 hours, if community
10 service is available in the jurisdiction. The community
11 service shall include, but need not be limited to, the
12 cleanup and repair of the damage that was caused by the
13 violation or similar damage to property located in the
14 municipality or county in which the violation occurred. The
15 order may be in addition to any other order authorized by
16 this Section.
17 (9) In addition to any other order of disposition, the
18 court shall order any minor found to be delinquent for an act
19 which would constitute criminal sexual assault, aggravated
20 criminal sexual abuse, or criminal sexual abuse if committed
21 by an adult to undergo medical testing to determine whether
22 the defendant has any sexually transmissible disease
23 including a test for infection with human immunodeficiency
24 virus (HIV) or any other identified causative agency of
25 acquired immunodeficiency syndrome (AIDS). Any medical test
26 shall be performed only by appropriately licensed medical
27 practitioners and may include an analysis of any bodily
28 fluids as well as an examination of the minor's person.
29 Except as otherwise provided by law, the results of the test
30 shall be kept strictly confidential by all medical personnel
31 involved in the testing and must be personally delivered in a
32 sealed envelope to the judge of the court in which the
33 disposition order was entered for the judge's inspection in
34 camera. Acting in accordance with the best interests of the
-19- LRB9003209RCks
1 victim and the public, the judge shall have the discretion to
2 determine to whom the results of the testing may be revealed.
3 The court shall notify the minor of the results of the test
4 for infection with the human immunodeficiency virus (HIV).
5 The court shall also notify the victim if requested by the
6 victim, and if the victim is under the age of 15 and if
7 requested by the victim's parents or legal guardian, the
8 court shall notify the victim's parents or the legal guardian
9 of the results of the test for infection with the human
10 immunodeficiency virus (HIV). The court shall provide
11 information on the availability of HIV testing and counseling
12 at Department of Public Health facilities to all parties to
13 whom the results of the testing are revealed. The court
14 shall order that the cost of any test shall be paid by the
15 county and may be taxed as costs against the minor.
16 (10) When a court finds a minor to be delinquent the
17 court shall, before making a disposition under this Section,
18 make a finding whether the offense committed either: (i) was
19 related to or in furtherance of the criminal activities of an
20 organized gang or was motivated by the minor's membership in
21 or allegiance to an organized gang, or (ii) involved a
22 violation of paragraph (13) of subsection (a) of the Criminal
23 Code of 1961, a violation of any Section of Article 24 of the
24 Criminal Code of 1961, or a violation of any statute that
25 involved the wrongful use of a firearm. If the court
26 determines the question in the affirmative, and the court
27 does not commit the minor to the Department of Corrections,
28 Juvenile Division, the court shall order the minor to perform
29 community service for not less than 30 hours nor more than
30 120 hours, provided that community service is available in
31 the jurisdiction and is funded and approved by the county
32 board of the county where the offense was committed. The
33 community service shall include, but need not be limited to,
34 the cleanup and repair of any damage caused by a violation of
-20- LRB9003209RCks
1 Section 21-1.3 of the Criminal Code of 1961 and similar
2 damage to property located in the municipality or county in
3 which the violation occurred. When possible and reasonable,
4 the community service shall be performed in the minor's
5 neighborhood. This order shall be in addition to any other
6 order authorized by this Section except for an order to place
7 the minor in the custody of the Department of Corrections,
8 Juvenile Division. For the purposes of this Section,
9 "organized gang" has the meaning ascribed to it in Section 10
10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
11 (Source: P.A. 88-45; 88-406; 88-460; 88-670, eff. 12-2-94;
12 88-678, eff. 7-1-95; 88-680 (Sections 45-905 and 50-4), eff.
13 1-1-95; 89-8, eff. 3-21-95; 89-21, eff. 7-1-95; 89-235, eff.
14 8-4-95; 89-302, eff. 8-11-95; 89-689, eff. 12-31-96.)
15 (Text of Section after amendment by P.A. 89-507)
16 Sec. 5-23. Kinds of dispositional orders.
17 (1) The following kinds of orders of disposition may be
18 made in respect of wards of the court:
19 (a) Except as provided in Section 5-33 and Section
20 5-35, a minor found to be a delinquent under Section 5-3
21 may be:
22 (1) put on probation or conditional discharge
23 and released to his or her parents, guardian or
24 legal custodian, provided, however, that any such
25 minor who is not committed to the Department of
26 Corrections, Juvenile Division under this subsection
27 and who is found to be a delinquent for an offense
28 which is first degree murder, a Class X felony, or a
29 forcible felony shall be placed on probation;
30 (2) placed in accordance with Section 5-29,
31 with or without also being put on probation or
32 conditional discharge;
33 (3) where authorized under the Alcoholism and
34 Other Drug Abuse and Dependency Act, ordered
-21- LRB9003209RCks
1 admitted for treatment for drug addiction by the
2 Department of Human Services;
3 (4) committed to the Department of Children
4 and Family Services, but only if the delinquent
5 minor is under 13 years of age;
6 (5) placed in detention for a period not to
7 exceed 30 days, either as the exclusive order of
8 disposition or, where appropriate, in conjunction
9 with any other order of disposition issued under
10 this paragraph, provided that any such detention
11 shall be in a juvenile detention home and the minor
12 so detained shall be 10 years of age or older.
13 However, the 30-day limitation may be extended by
14 further order of the court for a minor under age 13
15 committed to the Department of Children and Family
16 Services if the court finds that the minor is a
17 danger to himself or others. The minor shall be
18 given credit on the dispositional order of detention
19 for time spent in detention under Sections 5-10(2),
20 5-14(b)(2), 5-23(1)(b), or 5-25(2) of this Act as a
21 result of the offense for which the dispositional
22 order was imposed. The court may grant credit on a
23 dispositional order of detention entered under a
24 violation of probation or violation of conditional
25 discharge under Section 5-25 of this Act for time
26 spent in detention before the filing of the petition
27 alleging the violation. A minor shall not be
28 deprived of credit for time spent in detention
29 before the filing of a violation of probation or
30 conditional discharge alleging the same or related
31 act(s);
32 (6) ordered partially or completely
33 emancipated in accordance with the provisions of the
34 Emancipation of Mature Minors Act; or
-22- LRB9003209RCks
1 (7) put on probation or conditional discharge
2 and placed in detention under Section 3-6039 of the
3 Counties Code for a period not to exceed the period
4 of incarceration permitted by law for adults found
5 guilty of the same offense or offenses for which the
6 minor was adjudicated delinquent, and in any event
7 no longer than upon attainment of age 21; this
8 subdivision (7) notwithstanding any contrary
9 provision of the law; or .
10 (8) in a judicial circuit selected by the
11 Department of Corrections, committed to the juvenile
12 intake center program established under Section
13 5-6.5.
14 (b) A minor found to be delinquent may be committed
15 to the Department of Corrections, Juvenile Division,
16 under Section 5-33 if the minor is 13 years of age or
17 older, provided that the commitment to the Department of
18 Corrections, Juvenile Division, shall be made only if a
19 term of incarceration is permitted by law for adults
20 found guilty of the offense for which the minor was
21 adjudicated delinquent. The time during which a minor is
22 in custody before being released upon the request of a
23 parent, guardian or custodian shall be considered as time
24 spent in detention.
25 (1.1) When a minor is found to be delinquent for an
26 offense which is a violation of the Illinois Controlled
27 Substances Act or the Cannabis Control Act and made a ward of
28 the court, the court may enter a disposition order requiring
29 the minor to undergo assessment, counseling or treatment in a
30 substance abuse program approved by the Department of Human
31 Services.
32 (2) Any order of disposition other than commitment to
33 the Department of Corrections, Juvenile Division, may provide
34 for protective supervision under Section 5-26 and may include
-23- LRB9003209RCks
1 an order of protection under Section 5-27.
2 (3) Unless the order of disposition expressly so
3 provides, it does not operate to close proceedings on the
4 pending petition, but is subject to modification until final
5 closing and discharge of the proceedings under Section 5-34.
6 (4) In addition to any other order of disposition, the
7 court may order any minor found to be delinquent to make
8 restitution, in monetary or non-monetary form, under the
9 terms and conditions of Section 5-5-6 of the Unified Code of
10 Corrections, except that the "presentence hearing" referred
11 to therein shall be the dispositional hearing for purposes of
12 this Section. The parent, guardian or legal custodian of the
13 minor may be ordered by the court to pay some or all of the
14 restitution on the minor's behalf, pursuant to the Parental
15 Responsibility Law, as now or hereafter amended. The State's
16 Attorney is authorized to act on behalf of any victim in
17 seeking restitution in proceedings under this Section, up to
18 the maximum amount allowed in Section 5 of the Parental
19 Responsibility Law.
20 (5) Any order for disposition where the minor is
21 committed or placed in accordance with Section 5-29 shall
22 provide for the parents or guardian of the estate of such
23 minor to pay to the legal custodian or guardian of the person
24 of the minor such sums as are determined by the custodian or
25 guardian of the person of the minor as necessary for the
26 minor's needs. Such payments may not exceed the maximum
27 amounts provided for by Section 9.1 of the Children and
28 Family Services Act.
29 (6) Whenever the order of disposition requires the minor
30 to attend school or participate in a program of training, the
31 truant officer or designated school official shall regularly
32 report to the court if the minor is a chronic or habitual
33 truant under Section 26-2a of the School Code.
34 (7) In no event shall a delinquent minor be committed
-24- LRB9003209RCks
1 for a period of time in excess of that period for which an
2 adult could be committed for the same act.
3 (8) A minor found to be delinquent for reasons that
4 include a violation of Section 21-1.3 of the Criminal Code of
5 1961 shall be ordered to perform community service for not
6 less than 30 and not more than 120 hours, if community
7 service is available in the jurisdiction. The community
8 service shall include, but need not be limited to, the
9 cleanup and repair of the damage that was caused by the
10 violation or similar damage to property located in the
11 municipality or county in which the violation occurred. The
12 order may be in addition to any other order authorized by
13 this Section.
14 (9) In addition to any other order of disposition, the
15 court shall order any minor found to be delinquent for an act
16 which would constitute criminal sexual assault, aggravated
17 criminal sexual abuse, or criminal sexual abuse if committed
18 by an adult to undergo medical testing to determine whether
19 the defendant has any sexually transmissible disease
20 including a test for infection with human immunodeficiency
21 virus (HIV) or any other identified causative agency of
22 acquired immunodeficiency syndrome (AIDS). Any medical test
23 shall be performed only by appropriately licensed medical
24 practitioners and may include an analysis of any bodily
25 fluids as well as an examination of the minor's person.
26 Except as otherwise provided by law, the results of the test
27 shall be kept strictly confidential by all medical personnel
28 involved in the testing and must be personally delivered in a
29 sealed envelope to the judge of the court in which the
30 disposition order was entered for the judge's inspection in
31 camera. Acting in accordance with the best interests of the
32 victim and the public, the judge shall have the discretion to
33 determine to whom the results of the testing may be revealed.
34 The court shall notify the minor of the results of the test
-25- LRB9003209RCks
1 for infection with the human immunodeficiency virus (HIV).
2 The court shall also notify the victim if requested by the
3 victim, and if the victim is under the age of 15 and if
4 requested by the victim's parents or legal guardian, the
5 court shall notify the victim's parents or the legal guardian
6 of the results of the test for infection with the human
7 immunodeficiency virus (HIV). The court shall provide
8 information on the availability of HIV testing and counseling
9 at Department of Public Health facilities to all parties to
10 whom the results of the testing are revealed. The court
11 shall order that the cost of any test shall be paid by the
12 county and may be taxed as costs against the minor.
13 (10) When a court finds a minor to be delinquent the
14 court shall, before making a disposition under this Section,
15 make a finding whether the offense committed either: (i) was
16 related to or in furtherance of the criminal activities of an
17 organized gang or was motivated by the minor's membership in
18 or allegiance to an organized gang, or (ii) involved a
19 violation of paragraph (13) of subsection (a) of the Criminal
20 Code of 1961, a violation of any Section of Article 24 of the
21 Criminal Code of 1961, or a violation of any statute that
22 involved the wrongful use of a firearm. If the court
23 determines the question in the affirmative, and the court
24 does not commit the minor to the Department of Corrections,
25 Juvenile Division, the court shall order the minor to perform
26 community service for not less than 30 hours nor more than
27 120 hours, provided that community service is available in
28 the jurisdiction and is funded and approved by the county
29 board of the county where the offense was committed. The
30 community service shall include, but need not be limited to,
31 the cleanup and repair of any damage caused by a violation of
32 Section 21-1.3 of the Criminal Code of 1961 and similar
33 damage to property located in the municipality or county in
34 which the violation occurred. When possible and reasonable,
-26- LRB9003209RCks
1 the community service shall be performed in the minor's
2 neighborhood. This order shall be in addition to any other
3 order authorized by this Section except for an order to place
4 the minor in the custody of the Department of Corrections,
5 Juvenile Division. For the purposes of this Section,
6 "organized gang" has the meaning ascribed to it in Section 10
7 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
8 (Source: P.A. 88-45; 88-406; 88-460; 88-670, eff. 12-2-94;
9 88-678, eff. 7-1-95; 88-680 (Sections 45-905 and 50-4), eff.
10 1-1-95; 89-8, eff. 3-21-95; 89-21, eff. 7-1-95; 89-235, eff.
11 8-4-95; 89-302, eff. 8-11-95; 89-507, eff. 7-1-97; 89-689,
12 eff. 12-31-96; revised 1-15-97.)
13 Section 95. No acceleration or delay. Where this Act
14 makes changes in a statute that is represented in this Act by
15 text that is not yet or no longer in effect (for example, a
16 Section represented by multiple versions), the use of that
17 text does not accelerate or delay the taking effect of (i)
18 the changes made by this Act or (ii) provisions derived from
19 any other Public Act.
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.