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90_SB0171enr
705 ILCS 405/5-6 from Ch. 37, par. 805-6
Amends the Juvenile Court Act of 1987. Permits a county
or municipality to establish a teen court program. Provides
that in those counties and municipalities that have created a
teen court program, a juvenile police officer as a station
adjustment may refer a minor who has not been previously
adjudicated a delinquent minor, has not previously been tried
by a teen court, and who is alleged to have committed a
misdemeanor to be tried by a jury of 12 persons at least 13
years of age but under 19 years of age. Provides that the
teen court jury may sentence the minor to pay restitution or
serve at least 10 hours but not more than 60 hours of
community service.
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1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Section 5-6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Juvenile Court Act of 1987 is amended by
6 changing Section 5-6 as follows:
7 (705 ILCS 405/5-6) (from Ch. 37, par. 805-6)
8 Sec. 5-6. Duty of officer; admissions by minor. (1) A
9 law enforcement officer who takes a minor into custody with a
10 warrant shall immediately make a reasonable attempt to notify
11 the parent or other person legally responsible for the
12 minor's care or the person with whom the minor resides that
13 the minor has been taken into custody and where he or she is
14 being held; and the officer shall without unnecessary delay
15 take the minor to the nearest juvenile police officer
16 designated for such purposes in the county of venue or shall
17 surrender the minor to a juvenile police officer in the city
18 or village where the offense is alleged to have been
19 committed.
20 The minor shall be delivered without unnecessary delay to
21 the court or to the place designated by rule or order of
22 court for the reception of minors.
23 (2) A law enforcement officer who takes a minor into
24 custody without a warrant under Section 5-5 shall, if the
25 minor is not released, immediately make a reasonable attempt
26 to notify the parent or other person legally responsible for
27 the minor's care or the person with whom the minor resides
28 that the minor has been taken into custody and where the
29 minor is being held; and the law enforcement officer shall
30 without unnecessary delay take the minor to the nearest
31 juvenile police officer designated for such purposes in the
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1 county of venue or shall surrender the minor to a juvenile
2 police officer in the city or village where the offense is
3 alleged to have been committed.
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 parent, 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 court for the reception
31 of minors;
32 (j) if the minor and a parent or guardian consent in
33 writing, the juvenile police officer may condition the
34 minor's release upon his or her agreement to perform public
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1 or community service subject to Sections 1-12 and 1-13 of
2 this Act or to make restitution for damages; and
3 (k) any other appropriate action with consent of the
4 minor and a parent.
5 (3.5) (a) The county board or corporate authorities of
6 a municipality, or both, may create or contract with a
7 community based organization for teen court programs so
8 that private or public funds could be solicited for a
9 teen court program. A minor who is taken into custody for
10 an act that if committed by an adult would constitute a
11 misdemeanor may be referred to a teen court by the Office
12 of the State's Attorney as a diversion from prosecution
13 or by the juvenile police officer as a station
14 adjustment if a teen court program has been established
15 in the county or municipality where the act was committed
16 by the minor, the minor has not been previously
17 adjudicated a delinquent minor, and the minor has not
18 previously been referred to the teen court. The minor
19 and the minor's parent or legal guardian must approve, in
20 writing, the minor's participation in the teen court
21 program and shall be informed of the possible penalties
22 the court may impose.
23 (b) The county or municipality that created the
24 teen court program shall appoint a person to supervise
25 the program.
26 (c) The teen court shall consist of a jury composed
27 of 12 persons who are at least 10 years of age but under
28 19 years of age.
29 (d) The teen court shall be presided over by a
30 licensed attorney-at-law of this State or by a student
31 attending a law school approved by the Illinois Supreme
32 Court who has completed at least 1/3 of the curriculum
33 required for graduation who shall act as a judge.
34 (e) The prosecutor in the case shall be a person at
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1 least 10 years of age but under 19 years of age. The
2 minor may be represented by a person at least 10 years of
3 age but under 19 years of age.
4 (f) A person who personally knows the minor who is
5 being tried by the teen court may not serve on the teen
6 court jury. With the consent of the supervisor of the
7 teen court program, a person who personally knows the
8 minor who is being tried may prosecute or represent the
9 minor at the proceedings.
10 (g) All teen court jury members, teen court
11 attorneys, judges, and observers are required to sign the
12 following oath of confidentiality prior to commencing
13 teen court proceedings:
14 "I solemnly swear or affirm that I will not
15 divulge, either by words or signs, any information
16 about actual cases which comes to my knowledge in
17 the course of a teen court case presentation and
18 that I will keep secret all proceedings which may be
19 held in my presence.
20 Further, I understand that if I break
21 confidentiality by telling anyone else the names of
22 teen court defendants or any other specific details
23 of the case which may identify that juvenile, I will
24 no longer be able to serve as a teen court
25 participant."
26 (h) A parent or legal guardian of the minor must be
27 present at the teen court proceeding.
28 (i) The teen court jury shall only be a sentencing
29 jury, in that it may order the minor to pay restitution
30 or perform community service or any other requirements
31 set out in writing by the program in advance of the
32 minor's participation.
33 (j) No person shall be liable for any injury
34 occurring to any person performing community service or
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1 other activities ordered by the teen court, except for
2 willful or wanton conduct.
3 (4) The factors to be considered in determining whether
4 to release or keep a minor in custody shall include:
5 (a) the nature of the allegations against the minor;
6 (b) the minor's history and present situation;
7 (c) the history of the minor's family and the family's
8 present situation;
9 (d) the educational and employment status of the minor;
10 (e) the availability of special resource or community
11 services to aid or counsel the minor;
12 (f) the minor's past involvement with and progress in
13 social programs;
14 (g) the attitude of complainant and community toward the
15 minor; and
16 (h) the present attitude of the minor and family.
17 (5) The records of law enforcement officers concerning
18 all minors taken into custody under this Act shall be
19 maintained separate from the records of arrests and may not
20 be inspected by or disclosed to the public except by order of
21 the court.
22 (Source: P.A. 85-1209.)