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90_SB0363ren
705 ILCS 405/1-1 from Ch. 37, par. 801-1
Amends the Juvenile Court Act of 1987 to make a technical
change to the short title provision.
LRB9002769NTsb
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1 AN ACT in relation to juveniles, which may be referred to
2 as the Juvenile Justice Reform Provisions of 1998.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 ARTICLE 1001. JUVENILE RECORDS
6 Section 1001-5. The Children and Family Services Act is
7 amended by changing Section 35.1 as follows:
8 (20 ILCS 505/35.1) (from Ch. 23, par. 5035.1)
9 Sec. 35.1. The case and clinical records of patients in
10 Department supervised facilities, wards of the Department,
11 children receiving or applying for child welfare services,
12 persons receiving or applying for other services of the
13 Department, and Department reports of injury or abuse to
14 children shall not be open to the general public. Such case
15 and clinical records and reports or the information contained
16 therein shall be disclosed by the Director of the Department
17 to juvenile authorities when necessary for the discharge of
18 their official duties who request information concerning the
19 minor and who certify in writing that the information will
20 not be disclosed to any other party except as provided under
21 law or order of court. For purposes of this Section,
22 "juvenile authorities" means: (i) a judge of the circuit
23 court and members of the staff of the court designated by the
24 judge; (ii) parties to the proceedings under the Juvenile
25 Court Act of 1987 and their attorneys; (iii) probation
26 officers and court appointed advocates for the juvenile
27 authorized by the judge hearing the case; (iv) any
28 individual, public or private agency having custody of the
29 child pursuant to court order; (v) any individual, public or
30 private agency providing education, medical or mental health
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1 service to the child when the requested information is needed
2 to determine the appropriate service or treatment for the
3 minor; (vi) any potential placement provider when such
4 release is authorized by the court for the limited purpose of
5 determining the appropriateness of the potential placement;
6 (vii) law enforcement officers and prosecutors; (viii) adult
7 and juvenile prisoner review boards; (ix) authorized military
8 personnel; (x) only to proper law enforcement officials,
9 individuals authorized by court; (xi), the Illinois General
10 Assembly or any committee or commission thereof, and to such
11 other persons and for such reasons as the Director shall
12 designate by rule or regulation. This Section does not apply
13 to the Department's fiscal records, other records of a purely
14 administrative nature, or any forms, documents or other
15 records required of facilities subject to licensure by the
16 Department except as may otherwise be provided under the
17 Child Care Act of 1969.
18 Nothing contained in this Act prevents the sharing or
19 disclosure of information or records relating or pertaining
20 to juveniles subject to the provisions of the Serious
21 Habitual Offender Comprehensive Action Program when that
22 information is used to assist in the early identification and
23 treatment of habitual juvenile offenders.
24 Nothing contained in this Act prevents the sharing or
25 disclosure of information or records relating or pertaining
26 to the death of a minor under the care of or receiving
27 services from the Department and under the jurisdiction of
28 the juvenile court with the juvenile court, the State's
29 Attorney, and the minor's attorney.
30 Nothing contained in this Section prohibits or prevents
31 any individual dealing with or providing services to a minor
32 from sharing information with another individual dealing with
33 or providing services to a minor for the purpose of
34 coordinating efforts on behalf of the minor. The sharing of
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1 such information is only for the purpose stated herein and is
2 to be consistent with the intent and purpose of the
3 confidentiality provisions of the Juvenile Court Act of 1987.
4 This provision does not abrogate any recognized privilege.
5 Sharing information does not include copying of records,
6 reports or case files unless authorized herein.
7 (Source: P.A. 90-15, eff. 6-13-97.)
8 Section 1001-10. The Civil Administrative Code of
9 Illinois is amended by changing Section 55a as follows:
10 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
11 (Text of Section before amendment by P.A. 90-372)
12 Sec. 55a. Powers and duties.
13 (A) The Department of State Police shall have the
14 following powers and duties, and those set forth in Sections
15 55a-1 through 55c:
16 1. To exercise the rights, powers and duties which have
17 been vested in the Department of Public Safety by the State
18 Police Act.
19 2. To exercise the rights, powers and duties which have
20 been vested in the Department of Public Safety by the State
21 Police Radio Act.
22 3. To exercise the rights, powers and duties which have
23 been vested in the Department of Public Safety by the
24 Criminal Identification Act.
25 4. To (a) investigate the origins, activities, personnel
26 and incidents of crime and the ways and means to redress the
27 victims of crimes, and study the impact, if any, of
28 legislation relative to the effusion of crime and growing
29 crime rates, and enforce the criminal laws of this State
30 related thereto, (b) enforce all laws regulating the
31 production, sale, prescribing, manufacturing, administering,
32 transporting, having in possession, dispensing, delivering,
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1 distributing, or use of controlled substances and cannabis,
2 (c) employ skilled experts, scientists, technicians,
3 investigators or otherwise specially qualified persons to aid
4 in preventing or detecting crime, apprehending criminals, or
5 preparing and presenting evidence of violations of the
6 criminal laws of the State, (d) cooperate with the police of
7 cities, villages and incorporated towns, and with the police
8 officers of any county, in enforcing the laws of the State
9 and in making arrests and recovering property, (e) apprehend
10 and deliver up any person charged in this State or any other
11 State of the United States with treason, felony, or other
12 crime, who has fled from justice and is found in this State,
13 and (f) conduct such other investigations as may be provided
14 by law. Persons exercising these powers within the Department
15 are conservators of the peace and as such have all the powers
16 possessed by policemen in cities and sheriffs, except that
17 they may exercise such powers anywhere in the State in
18 cooperation with and after contact with the local law
19 enforcement officials. Such persons may use false or
20 fictitious names in the performance of their duties under
21 this paragraph, upon approval of the Director, and shall not
22 be subject to prosecution under the criminal laws for such
23 use.
24 5. To: (a) be a central repository and custodian of
25 criminal statistics for the State, (b) be a central
26 repository for criminal history record information, (c)
27 procure and file for record such information as is necessary
28 and helpful to plan programs of crime prevention, law
29 enforcement and criminal justice, (d) procure and file for
30 record such copies of fingerprints, as may be required by
31 law, (e) establish general and field crime laboratories, (f)
32 register and file for record such information as may be
33 required by law for the issuance of firearm owner's
34 identification cards, (g) employ polygraph operators,
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1 laboratory technicians and other specially qualified persons
2 to aid in the identification of criminal activity, and (h)
3 undertake such other identification, information, laboratory,
4 statistical or registration activities as may be required by
5 law.
6 6. To (a) acquire and operate one or more radio
7 broadcasting stations in the State to be used for police
8 purposes, (b) operate a statewide communications network to
9 gather and disseminate information for law enforcement
10 agencies, (c) operate an electronic data processing and
11 computer center for the storage and retrieval of data
12 pertaining to criminal activity, and (d) undertake such other
13 communication activities as may be required by law.
14 7. To provide, as may be required by law, assistance to
15 local law enforcement agencies through (a) training,
16 management and consultant services for local law enforcement
17 agencies, and (b) the pursuit of research and the publication
18 of studies pertaining to local law enforcement activities.
19 8. To exercise the rights, powers and duties which have
20 been vested in the Department of State Police and the
21 Director of the Department of State Police by the Narcotic
22 Control Division Abolition Act.
23 9. To exercise the rights, powers and duties which have
24 been vested in the Department of Public Safety by the
25 Illinois Vehicle Code.
26 10. To exercise the rights, powers and duties which have
27 been vested in the Department of Public Safety by the Firearm
28 Owners Identification Card Act.
29 11. To enforce and administer such other laws in
30 relation to law enforcement as may be vested in the
31 Department.
32 12. To transfer jurisdiction of any realty title to
33 which is held by the State of Illinois under the control of
34 the Department to any other department of the State
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1 government or to the State Employees Housing Commission, or
2 to acquire or accept Federal land, when such transfer,
3 acquisition or acceptance is advantageous to the State and is
4 approved in writing by the Governor.
5 13. With the written approval of the Governor, to enter
6 into agreements with other departments created by this Act,
7 for the furlough of inmates of the penitentiary to such other
8 departments for their use in research programs being
9 conducted by them.
10 For the purpose of participating in such research
11 projects, the Department may extend the limits of any
12 inmate's place of confinement, when there is reasonable cause
13 to believe that the inmate will honor his or her trust by
14 authorizing the inmate, under prescribed conditions, to leave
15 the confines of the place unaccompanied by a custodial agent
16 of the Department. The Department shall make rules governing
17 the transfer of the inmate to the requesting other department
18 having the approved research project, and the return of such
19 inmate to the unextended confines of the penitentiary. Such
20 transfer shall be made only with the consent of the inmate.
21 The willful failure of a prisoner to remain within the
22 extended limits of his or her confinement or to return within
23 the time or manner prescribed to the place of confinement
24 designated by the Department in granting such extension shall
25 be deemed an escape from custody of the Department and
26 punishable as provided in Section 3-6-4 of the Unified Code
27 of Corrections.
28 14. To provide investigative services, with all of the
29 powers possessed by policemen in cities and sheriffs, in and
30 around all race tracks subject to the Horse Racing Act of
31 1975.
32 15. To expend such sums as the Director deems necessary
33 from Contractual Services appropriations for the Division of
34 Criminal Investigation for the purchase of evidence and for
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1 the employment of persons to obtain evidence. Such sums shall
2 be advanced to agents authorized by the Director to expend
3 funds, on vouchers signed by the Director.
4 16. To assist victims and witnesses in gang crime
5 prosecutions through the administration of funds appropriated
6 from the Gang Violence Victims and Witnesses Fund to the
7 Department. Such funds shall be appropriated to the
8 Department and shall only be used to assist victims and
9 witnesses in gang crime prosecutions and such assistance may
10 include any of the following:
11 (a) temporary living costs;
12 (b) moving expenses;
13 (c) closing costs on the sale of private residence;
14 (d) first month's rent;
15 (e) security deposits;
16 (f) apartment location assistance;
17 (g) other expenses which the Department considers
18 appropriate; and
19 (h) compensation for any loss of or injury to real
20 or personal property resulting from a gang crime to a
21 maximum of $5,000, subject to the following provisions:
22 (1) in the case of loss of property, the
23 amount of compensation shall be measured by the
24 replacement cost of similar or like property which
25 has been incurred by and which is substantiated by
26 the property owner,
27 (2) in the case of injury to property, the
28 amount of compensation shall be measured by the cost
29 of repair incurred and which can be substantiated by
30 the property owner,
31 (3) compensation under this provision is a
32 secondary source of compensation and shall be
33 reduced by any amount the property owner receives
34 from any other source as compensation for the loss
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1 or injury, including, but not limited to, personal
2 insurance coverage,
3 (4) no compensation may be awarded if the
4 property owner was an offender or an accomplice of
5 the offender, or if the award would unjustly benefit
6 the offender or offenders, or an accomplice of the
7 offender or offenders.
8 No victim or witness may receive such assistance if he or
9 she is not a part of or fails to fully cooperate in the
10 prosecution of gang crime members by law enforcement
11 authorities.
12 The Department shall promulgate any rules necessary for
13 the implementation of this amendatory Act of 1985.
14 17. To conduct arson investigations.
15 18. To develop a separate statewide statistical police
16 contact record keeping system for the study of juvenile
17 delinquency. The records of this police contact system shall
18 be limited to statistical information. No individually
19 identifiable information shall be maintained in the police
20 contact statistical record system.
21 19. To develop a separate statewide central adjudicatory
22 and dispositional records system for persons under 19 years
23 of age who have been adjudicated delinquent minors and to
24 make information available to local registered participating
25 juvenile police youth officers so that juvenile police youth
26 officers will be able to obtain rapid access to the
27 juvenile's background from other jurisdictions to the end
28 that the juvenile police youth officers can make appropriate
29 dispositions which will best serve the interest of the child
30 and the community. Information maintained in the
31 adjudicatory and dispositional record system shall be limited
32 to the incidents or offenses for which the minor was
33 adjudicated delinquent by a court, and a copy of the court's
34 dispositional order. All individually identifiable records
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1 in the adjudicatory and dispositional records system shall be
2 destroyed when the person reaches 19 years of age.
3 20. To develop rules which guarantee the confidentiality
4 of such individually identifiable adjudicatory and
5 dispositional records except when used for the following:
6 (a) by authorized juvenile court personnel or the
7 State's Attorney in connection with proceedings under the
8 Juvenile Court Act of 1987; or
9 (b) inquiries from registered juvenile police youth
10 officers.
11 For the purposes of this Act "juvenile police youth
12 officer" means a member of a duly organized State, county or
13 municipal police force who is assigned by his or her
14 Superintendent, Sheriff or chief of police, as the case may
15 be, to specialize in youth problems.
16 21. To develop administrative rules and administrative
17 hearing procedures which allow a minor, his or her attorney,
18 and his or her parents or guardian access to individually
19 identifiable adjudicatory and dispositional records for the
20 purpose of determining or challenging the accuracy of the
21 records. Final administrative decisions shall be subject to
22 the provisions of the Administrative Review Law.
23 22. To charge, collect, and receive fees or moneys
24 equivalent to the cost of providing Department of State
25 Police personnel, equipment, and services to local
26 governmental agencies when explicitly requested by a local
27 governmental agency and pursuant to an intergovernmental
28 agreement as provided by this Section, other State agencies,
29 and federal agencies, including but not limited to fees or
30 moneys equivalent to the cost of providing dispatching
31 services, radio and radar repair, and training to local
32 governmental agencies on such terms and conditions as in the
33 judgment of the Director are in the best interest of the
34 State; and to establish, charge, collect and receive fees or
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1 moneys based on the cost of providing responses to requests
2 for criminal history record information pursuant to positive
3 identification and any Illinois or federal law authorizing
4 access to some aspect of such information and to prescribe
5 the form and manner for requesting and furnishing such
6 information to the requestor on such terms and conditions as
7 in the judgment of the Director are in the best interest of
8 the State, provided fees for requesting and furnishing
9 criminal history record information may be waived for
10 requests in the due administration of the criminal laws. The
11 Department may also charge, collect and receive fees or
12 moneys equivalent to the cost of providing electronic data
13 processing lines or related telecommunication services to
14 local governments, but only when such services can be
15 provided by the Department at a cost less than that
16 experienced by said local governments through other means.
17 All services provided by the Department shall be conducted
18 pursuant to contracts in accordance with the
19 Intergovernmental Cooperation Act, and all telecommunication
20 services shall be provided pursuant to the provisions of
21 Section 67.18 of this Code.
22 All fees received by the Department of State Police under
23 this Act or the Illinois Uniform Conviction Information Act
24 shall be deposited in a special fund in the State Treasury to
25 be known as the State Police Services Fund. The money
26 deposited in the State Police Services Fund shall be
27 appropriated to the Department of State Police for expenses
28 of the Department of State Police.
29 In addition to any other permitted use of moneys in the
30 Fund, and notwithstanding any restriction on the use of the
31 Fund, moneys in the State Police Services Fund may be
32 transferred to the General Revenue Fund as authorized by this
33 amendatory Act of 1992. The General Assembly finds that an
34 excess of moneys exists in the Fund. On February 1, 1992,
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1 the Comptroller shall order transferred and the Treasurer
2 shall transfer $500,000 (or such lesser amount as may be on
3 deposit in the Fund and unexpended and unobligated on that
4 date) from the Fund to the General Revenue Fund.
5 Upon the completion of any audit of the Department of
6 State Police as prescribed by the Illinois State Auditing
7 Act, which audit includes an audit of the State Police
8 Services Fund, the Department of State Police shall make the
9 audit open to inspection by any interested person.
10 23. To exercise the powers and perform the duties which
11 have been vested in the Department of State Police by the
12 Intergovernmental Missing Child Recovery Act of 1984, and to
13 establish reasonable rules and regulations necessitated
14 thereby.
15 24. (a) To establish and maintain a statewide Law
16 Enforcement Agencies Data System (LEADS) for the purpose of
17 providing electronic access by authorized entities to
18 criminal justice data repositories and effecting an immediate
19 law enforcement response to reports of missing persons,
20 including lost, missing or runaway minors. The Department
21 shall implement an automatic data exchange system to compile,
22 to maintain and to make available to other law enforcement
23 agencies for immediate dissemination data which can assist
24 appropriate agencies in recovering missing persons and
25 provide access by authorized entities to various data
26 repositories available through LEADS for criminal justice and
27 related purposes. To help assist the Department in this
28 effort, funds may be appropriated from the LEADS Maintenance
29 Fund.
30 (b) In exercising its duties under this subsection, the
31 Department shall:
32 (1) provide a uniform reporting format for the
33 entry of pertinent information regarding the report of a
34 missing person into LEADS;
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1 (2) develop and implement a policy whereby a
2 statewide or regional alert would be used in situations
3 relating to the disappearances of individuals, based on
4 criteria and in a format established by the Department.
5 Such a format shall include, but not be limited to, the
6 age of the missing person and the suspected circumstance
7 of the disappearance;
8 (3) notify all law enforcement agencies that
9 reports of missing persons shall be entered as soon as
10 the minimum level of data specified by the Department is
11 available to the reporting agency, and that no waiting
12 period for the entry of such data exists;
13 (4) compile and retain information regarding lost,
14 abducted, missing or runaway minors in a separate data
15 file, in a manner that allows such information to be used
16 by law enforcement and other agencies deemed appropriate
17 by the Director, for investigative purposes. Such
18 information shall include the disposition of all reported
19 lost, abducted, missing or runaway minor cases;
20 (5) compile and maintain an historic data
21 repository relating to lost, abducted, missing or runaway
22 minors and other missing persons in order to develop and
23 improve techniques utilized by law enforcement agencies
24 when responding to reports of missing persons; and
25 (6) create a quality control program regarding
26 confirmation of missing person data, timeliness of
27 entries of missing person reports into LEADS and
28 performance audits of all entering agencies.
29 25. On request of a school board or regional
30 superintendent of schools, to conduct an inquiry pursuant to
31 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
32 an applicant for employment in a school district has been
33 convicted of any criminal or drug offenses enumerated in
34 Section 10-21.9 or 34-18.5 of the School Code. The
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1 Department shall furnish such conviction information to the
2 President of the school board of the school district which
3 has requested the information, or if the information was
4 requested by the regional superintendent to that regional
5 superintendent.
6 26. To promulgate rules and regulations necessary for
7 the administration and enforcement of its powers and duties,
8 wherever granted and imposed, pursuant to the Illinois
9 Administrative Procedure Act.
10 27. To (a) promulgate rules pertaining to the
11 certification, revocation of certification and training of
12 law enforcement officers as electronic criminal surveillance
13 officers, (b) provide training and technical assistance to
14 State's Attorneys and local law enforcement agencies
15 pertaining to the interception of private oral
16 communications, (c) promulgate rules necessary for the
17 administration of Article 108B of the Code of Criminal
18 Procedure of 1963, including but not limited to standards for
19 recording and minimization of electronic criminal
20 surveillance intercepts, documentation required to be
21 maintained during an intercept, procedures in relation to
22 evidence developed by an intercept, and (d) charge a
23 reasonable fee to each law enforcement agency that sends
24 officers to receive training as electronic criminal
25 surveillance officers.
26 28. Upon the request of any private organization which
27 devotes a major portion of its time to the provision of
28 recreational, social, educational or child safety services to
29 children, to conduct, pursuant to positive identification,
30 criminal background investigations of all of that
31 organization's current employees, current volunteers,
32 prospective employees or prospective volunteers charged with
33 the care and custody of children during the provision of the
34 organization's services, and to report to the requesting
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1 organization any record of convictions maintained in the
2 Department's files about such persons. The Department shall
3 charge an application fee, based on actual costs, for the
4 dissemination of conviction information pursuant to this
5 subsection. The Department is empowered to establish this
6 fee and shall prescribe the form and manner for requesting
7 and furnishing conviction information pursuant to this
8 subsection. Information received by the organization from the
9 Department concerning an individual shall be provided to such
10 individual. Any such information obtained by the
11 organization shall be confidential and may not be transmitted
12 outside the organization and may not be transmitted to anyone
13 within the organization except as needed for the purpose of
14 evaluating the individual. Only information and standards
15 which bear a reasonable and rational relation to the
16 performance of child care shall be used by the organization.
17 Any employee of the Department or any member, employee or
18 volunteer of the organization receiving confidential
19 information under this subsection who gives or causes to be
20 given any confidential information concerning any criminal
21 convictions of an individual shall be guilty of a Class A
22 misdemeanor unless release of such information is authorized
23 by this subsection.
24 29. Upon the request of the Department of Children and
25 Family Services, to investigate reports of child abuse or
26 neglect.
27 30. To obtain registration of a fictitious vital record
28 pursuant to Section 15.1 of the Vital Records Act.
29 31. To collect and disseminate information relating to
30 "hate crimes" as defined under Section 12-7.1 of the Criminal
31 Code of 1961 contingent upon the availability of State or
32 Federal funds to revise and upgrade the Illinois Uniform
33 Crime Reporting System. All law enforcement agencies shall
34 report monthly to the Department of State Police concerning
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1 such offenses in such form and in such manner as may be
2 prescribed by rules and regulations adopted by the Department
3 of State Police. Such information shall be compiled by the
4 Department and be disseminated upon request to any local law
5 enforcement agency, unit of local government, or state
6 agency. Dissemination of such information shall be subject
7 to all confidentiality requirements otherwise imposed by law.
8 The Department of State Police shall provide training for
9 State Police officers in identifying, responding to, and
10 reporting all hate crimes. The Illinois Local Governmental
11 Law Enforcement Officer's Training Board shall develop and
12 certify a course of such training to be made available to
13 local law enforcement officers.
14 32. Upon the request of a private carrier company that
15 provides transportation under Section 28b of the Metropolitan
16 Transit Authority Act, to ascertain if an applicant for a
17 driver position has been convicted of any criminal or drug
18 offense enumerated in Section 28b of the Metropolitan Transit
19 Authority Act. The Department shall furnish the conviction
20 information to the private carrier company that requested the
21 information.
22 33. To apply for grants or contracts, receive, expend,
23 allocate, or disburse funds and moneys made available by
24 public or private entities, including, but not limited to,
25 contracts, bequests, grants, or receiving equipment from
26 corporations, foundations, or public or private institutions
27 of higher learning. All funds received by the Department
28 from these sources shall be deposited into the appropriate
29 fund in the State Treasury to be appropriated to the
30 Department for purposes as indicated by the grantor or
31 contractor or, in the case of funds or moneys bequeathed or
32 granted for no specific purpose, for any purpose as deemed
33 appropriate by the Director in administering the
34 responsibilities of the Department.
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1 34. Upon the request of the Department of Children and
2 Family Services, the Department of State Police shall provide
3 properly designated employees of the Department of Children
4 and Family Services with criminal history record information
5 as defined in the Illinois Uniform Conviction Information Act
6 and information maintained in the adjudicatory and
7 dispositional record system as defined in subdivision (A)19
8 of this Section if the Department of Children and Family
9 Services determines the information is necessary to perform
10 its duties under the Abused and Neglected Child Reporting
11 Act, the Child Care Act of 1969, and the Children and Family
12 Services Act. The request shall be in the form and manner
13 specified by the Department of State Police.
14 35. The Illinois Department of Public Aid is an
15 authorized entity under this Section for the purpose of
16 obtaining access to various data repositories available
17 through LEADS, to facilitate the location of individuals for
18 establishing paternity, and establishing, modifying, and
19 enforcing child support obligations, pursuant to the Public
20 Aid Code and Title IV, Section D of the Social Security Act.
21 The Department shall enter into an agreement with the
22 Illinois Department of Public Aid consistent with these
23 purposes.
24 (B) The Department of State Police may establish and
25 maintain, within the Department of State Police, a Statewide
26 Organized Criminal Gang Database (SWORD) for the purpose of
27 tracking organized criminal gangs and their memberships.
28 Information in the database may include, but not be limited
29 to, the name, last known address, birth date, physical
30 descriptions (such as scars, marks, or tattoos), officer
31 safety information, organized gang affiliation, and entering
32 agency identifier. The Department may develop, in
33 consultation with the Criminal Justice Information Authority,
34 and in a form and manner prescribed by the Department, an
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1 automated data exchange system to compile, to maintain, and
2 to make this information electronically available to
3 prosecutors and to other law enforcement agencies. The
4 information may be used by authorized agencies to combat the
5 operations of organized criminal gangs statewide.
6 (C) The Department of State Police may ascertain the
7 number of bilingual police officers and other personnel
8 needed to provide services in a language other than English
9 and may establish, under applicable personnel rules and
10 Department guidelines or through a collective bargaining
11 agreement, a bilingual pay supplement program.
12 35. The Illinois Department of Public Aid is an
13 authorized entity under this Section for the purpose of
14 obtaining access to various data repositories available
15 through LEADS, to facilitate the location of individuals for
16 establishing paternity, and establishing, modifying, and
17 enforcing child support obligations, pursuant to the Public
18 Aid Code and Title IV, Section D of the Social Security Act.
19 The Department shall enter into an agreement with the
20 Illinois Department of Public Aid consistent with these
21 purposes.
22 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
23 90-130, eff. 1-1-98; revised 9-29-97.)
24 (Text of Section after amendment by P.A. 90-372)
25 Sec. 55a. Powers and duties.
26 (A) The Department of State Police shall have the
27 following powers and duties, and those set forth in Sections
28 55a-1 through 55c:
29 1. To exercise the rights, powers and duties which have
30 been vested in the Department of Public Safety by the State
31 Police Act.
32 2. To exercise the rights, powers and duties which have
33 been vested in the Department of Public Safety by the State
34 Police Radio Act.
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1 3. To exercise the rights, powers and duties which have
2 been vested in the Department of Public Safety by the
3 Criminal Identification Act.
4 4. To (a) investigate the origins, activities, personnel
5 and incidents of crime and the ways and means to redress the
6 victims of crimes, and study the impact, if any, of
7 legislation relative to the effusion of crime and growing
8 crime rates, and enforce the criminal laws of this State
9 related thereto, (b) enforce all laws regulating the
10 production, sale, prescribing, manufacturing, administering,
11 transporting, having in possession, dispensing, delivering,
12 distributing, or use of controlled substances and cannabis,
13 (c) employ skilled experts, scientists, technicians,
14 investigators or otherwise specially qualified persons to aid
15 in preventing or detecting crime, apprehending criminals, or
16 preparing and presenting evidence of violations of the
17 criminal laws of the State, (d) cooperate with the police of
18 cities, villages and incorporated towns, and with the police
19 officers of any county, in enforcing the laws of the State
20 and in making arrests and recovering property, (e) apprehend
21 and deliver up any person charged in this State or any other
22 State of the United States with treason, felony, or other
23 crime, who has fled from justice and is found in this State,
24 and (f) conduct such other investigations as may be provided
25 by law. Persons exercising these powers within the Department
26 are conservators of the peace and as such have all the powers
27 possessed by policemen in cities and sheriffs, except that
28 they may exercise such powers anywhere in the State in
29 cooperation with and after contact with the local law
30 enforcement officials. Such persons may use false or
31 fictitious names in the performance of their duties under
32 this paragraph, upon approval of the Director, and shall not
33 be subject to prosecution under the criminal laws for such
34 use.
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1 5. To: (a) be a central repository and custodian of
2 criminal statistics for the State, (b) be a central
3 repository for criminal history record information, (c)
4 procure and file for record such information as is necessary
5 and helpful to plan programs of crime prevention, law
6 enforcement and criminal justice, (d) procure and file for
7 record such copies of fingerprints, as may be required by
8 law, (e) establish general and field crime laboratories, (f)
9 register and file for record such information as may be
10 required by law for the issuance of firearm owner's
11 identification cards, (g) employ polygraph operators,
12 laboratory technicians and other specially qualified persons
13 to aid in the identification of criminal activity, and (h)
14 undertake such other identification, information, laboratory,
15 statistical or registration activities as may be required by
16 law.
17 6. To (a) acquire and operate one or more radio
18 broadcasting stations in the State to be used for police
19 purposes, (b) operate a statewide communications network to
20 gather and disseminate information for law enforcement
21 agencies, (c) operate an electronic data processing and
22 computer center for the storage and retrieval of data
23 pertaining to criminal activity, and (d) undertake such other
24 communication activities as may be required by law.
25 7. To provide, as may be required by law, assistance to
26 local law enforcement agencies through (a) training,
27 management and consultant services for local law enforcement
28 agencies, and (b) the pursuit of research and the publication
29 of studies pertaining to local law enforcement activities.
30 8. To exercise the rights, powers and duties which have
31 been vested in the Department of State Police and the
32 Director of the Department of State Police by the Narcotic
33 Control Division Abolition Act.
34 9. To exercise the rights, powers and duties which have
SB363 Re-enrolled -20- LRB9002769NTsb
1 been vested in the Department of Public Safety by the
2 Illinois Vehicle Code.
3 10. To exercise the rights, powers and duties which have
4 been vested in the Department of Public Safety by the Firearm
5 Owners Identification Card Act.
6 11. To enforce and administer such other laws in
7 relation to law enforcement as may be vested in the
8 Department.
9 12. To transfer jurisdiction of any realty title to
10 which is held by the State of Illinois under the control of
11 the Department to any other department of the State
12 government or to the State Employees Housing Commission, or
13 to acquire or accept Federal land, when such transfer,
14 acquisition or acceptance is advantageous to the State and is
15 approved in writing by the Governor.
16 13. With the written approval of the Governor, to enter
17 into agreements with other departments created by this Act,
18 for the furlough of inmates of the penitentiary to such other
19 departments for their use in research programs being
20 conducted by them.
21 For the purpose of participating in such research
22 projects, the Department may extend the limits of any
23 inmate's place of confinement, when there is reasonable cause
24 to believe that the inmate will honor his or her trust by
25 authorizing the inmate, under prescribed conditions, to leave
26 the confines of the place unaccompanied by a custodial agent
27 of the Department. The Department shall make rules governing
28 the transfer of the inmate to the requesting other department
29 having the approved research project, and the return of such
30 inmate to the unextended confines of the penitentiary. Such
31 transfer shall be made only with the consent of the inmate.
32 The willful failure of a prisoner to remain within the
33 extended limits of his or her confinement or to return within
34 the time or manner prescribed to the place of confinement
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1 designated by the Department in granting such extension shall
2 be deemed an escape from custody of the Department and
3 punishable as provided in Section 3-6-4 of the Unified Code
4 of Corrections.
5 14. To provide investigative services, with all of the
6 powers possessed by policemen in cities and sheriffs, in and
7 around all race tracks subject to the Horse Racing Act of
8 1975.
9 15. To expend such sums as the Director deems necessary
10 from Contractual Services appropriations for the Division of
11 Criminal Investigation for the purchase of evidence and for
12 the employment of persons to obtain evidence. Such sums shall
13 be advanced to agents authorized by the Director to expend
14 funds, on vouchers signed by the Director.
15 16. To assist victims and witnesses in gang crime
16 prosecutions through the administration of funds appropriated
17 from the Gang Violence Victims and Witnesses Fund to the
18 Department. Such funds shall be appropriated to the
19 Department and shall only be used to assist victims and
20 witnesses in gang crime prosecutions and such assistance may
21 include any of the following:
22 (a) temporary living costs;
23 (b) moving expenses;
24 (c) closing costs on the sale of private residence;
25 (d) first month's rent;
26 (e) security deposits;
27 (f) apartment location assistance;
28 (g) other expenses which the Department considers
29 appropriate; and
30 (h) compensation for any loss of or injury to real
31 or personal property resulting from a gang crime to a
32 maximum of $5,000, subject to the following provisions:
33 (1) in the case of loss of property, the
34 amount of compensation shall be measured by the
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1 replacement cost of similar or like property which
2 has been incurred by and which is substantiated by
3 the property owner,
4 (2) in the case of injury to property, the
5 amount of compensation shall be measured by the cost
6 of repair incurred and which can be substantiated by
7 the property owner,
8 (3) compensation under this provision is a
9 secondary source of compensation and shall be
10 reduced by any amount the property owner receives
11 from any other source as compensation for the loss
12 or injury, including, but not limited to, personal
13 insurance coverage,
14 (4) no compensation may be awarded if the
15 property owner was an offender or an accomplice of
16 the offender, or if the award would unjustly benefit
17 the offender or offenders, or an accomplice of the
18 offender or offenders.
19 No victim or witness may receive such assistance if he or
20 she is not a part of or fails to fully cooperate in the
21 prosecution of gang crime members by law enforcement
22 authorities.
23 The Department shall promulgate any rules necessary for
24 the implementation of this amendatory Act of 1985.
25 17. To conduct arson investigations.
26 18. To develop a separate statewide statistical police
27 contact record keeping system for the study of juvenile
28 delinquency. The records of this police contact system shall
29 be limited to statistical information. No individually
30 identifiable information shall be maintained in the police
31 contact statistical record system.
32 19. To develop a separate statewide central juvenile
33 adjudicatory and dispositional records system for persons
34 arrested prior to the age of 17 under Section 5-401 of the
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1 Juvenile Court Act of 1987 or under 19 years of age who have
2 been adjudicated delinquent minors and to make information
3 available to local law enforcement registered participating
4 police youth officers so that law enforcement police youth
5 officers will be able to obtain rapid access to the
6 background of the minor juvenile's background from other
7 jurisdictions to the end that the juvenile police youth
8 officers can make appropriate decisions dispositions which
9 will best serve the interest of the child and the community.
10 The Department shall submit a quarterly report to the General
11 Assembly and Governor which shall contain the number of
12 juvenile records that the Department has received in that
13 quarter, a list, by category, of offenses that minors were
14 arrested for or convicted of by age, race and gender.
15 Information maintained in the adjudicatory and dispositional
16 record system shall be limited to the incidents or offenses
17 for which the minor was adjudicated delinquent by a court,
18 and a copy of the court's dispositional order. All
19 individually identifiable records in the adjudicatory and
20 dispositional records system shall be destroyed when the
21 person reaches 19 years of age.
22 20. To develop rules which guarantee the confidentiality
23 of such individually identifiable juvenile adjudicatory and
24 dispositional records except to juvenile authorities who
25 request information concerning the minor and who certify in
26 writing that the information will not be disclosed to any
27 other party except as provided under law or order of court.
28 For purposes of this Section, "juvenile authorities" means:
29 (i) a judge of the circuit court and members of the staff of
30 the court designated by the judge; (ii) parties to the
31 proceedings under the Juvenile Court Act of 1987 and their
32 attorneys; (iii) probation officers and court appointed
33 advocates for the juvenile authorized by the judge hearing
34 the case; (iv) any individual, public of private agency
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1 having custody of the child pursuant to court order; (v) any
2 individual, public or private agency providing education,
3 medical or mental health service to the child when the
4 requested information is needed to determine the appropriate
5 service or treatment for the minor; (vi) any potential
6 placement provider when such release is authorized by the
7 court for the limited purpose of determining the
8 appropriateness of the potential placement; (vii) law
9 enforcement officers and prosecutors; (viii) adult and
10 juvenile prisoner review boards; (ix) authorized military
11 personnel; (x) individuals authorized by court; (xi) the
12 Illinois General Assembly or any committee or commission
13 thereof. when used for the following:
14 (a) by authorized juvenile court personnel or the
15 State's Attorney in connection with proceedings under the
16 Juvenile Court Act of 1987; or
17 (b) inquiries from registered police youth
18 officers.
19 For the purposes of this Act "police youth officer" means
20 a member of a duly organized State, county or municipal
21 police force who is assigned by his or her Superintendent,
22 Sheriff or chief of police, as the case may be, to specialize
23 in youth problems.
24 21. To develop administrative rules and administrative
25 hearing procedures which allow a minor, his or her attorney,
26 and his or her parents or guardian access to individually
27 identifiable juvenile adjudicatory and dispositional records
28 for the purpose of determining or challenging the accuracy of
29 the records. Final administrative decisions shall be subject
30 to the provisions of the Administrative Review Law.
31 22. To charge, collect, and receive fees or moneys
32 equivalent to the cost of providing Department of State
33 Police personnel, equipment, and services to local
34 governmental agencies when explicitly requested by a local
SB363 Re-enrolled -25- LRB9002769NTsb
1 governmental agency and pursuant to an intergovernmental
2 agreement as provided by this Section, other State agencies,
3 and federal agencies, including but not limited to fees or
4 moneys equivalent to the cost of providing dispatching
5 services, radio and radar repair, and training to local
6 governmental agencies on such terms and conditions as in the
7 judgment of the Director are in the best interest of the
8 State; and to establish, charge, collect and receive fees or
9 moneys based on the cost of providing responses to requests
10 for criminal history record information pursuant to positive
11 identification and any Illinois or federal law authorizing
12 access to some aspect of such information and to prescribe
13 the form and manner for requesting and furnishing such
14 information to the requestor on such terms and conditions as
15 in the judgment of the Director are in the best interest of
16 the State, provided fees for requesting and furnishing
17 criminal history record information may be waived for
18 requests in the due administration of the criminal laws. The
19 Department may also charge, collect and receive fees or
20 moneys equivalent to the cost of providing electronic data
21 processing lines or related telecommunication services to
22 local governments, but only when such services can be
23 provided by the Department at a cost less than that
24 experienced by said local governments through other means.
25 All services provided by the Department shall be conducted
26 pursuant to contracts in accordance with the
27 Intergovernmental Cooperation Act, and all telecommunication
28 services shall be provided pursuant to the provisions of
29 Section 67.18 of this Code.
30 All fees received by the Department of State Police under
31 this Act or the Illinois Uniform Conviction Information Act
32 shall be deposited in a special fund in the State Treasury to
33 be known as the State Police Services Fund. The money
34 deposited in the State Police Services Fund shall be
SB363 Re-enrolled -26- LRB9002769NTsb
1 appropriated to the Department of State Police for expenses
2 of the Department of State Police.
3 Upon the completion of any audit of the Department of
4 State Police as prescribed by the Illinois State Auditing
5 Act, which audit includes an audit of the State Police
6 Services Fund, the Department of State Police shall make the
7 audit open to inspection by any interested person.
8 23. To exercise the powers and perform the duties which
9 have been vested in the Department of State Police by the
10 Intergovernmental Missing Child Recovery Act of 1984, and to
11 establish reasonable rules and regulations necessitated
12 thereby.
13 24. (a) To establish and maintain a statewide Law
14 Enforcement Agencies Data System (LEADS) for the purpose of
15 providing electronic access by authorized entities to
16 criminal justice data repositories and effecting an immediate
17 law enforcement response to reports of missing persons,
18 including lost, missing or runaway minors. The Department
19 shall implement an automatic data exchange system to compile,
20 to maintain and to make available to other law enforcement
21 agencies for immediate dissemination data which can assist
22 appropriate agencies in recovering missing persons and
23 provide access by authorized entities to various data
24 repositories available through LEADS for criminal justice and
25 related purposes. To help assist the Department in this
26 effort, funds may be appropriated from the LEADS Maintenance
27 Fund.
28 (b) In exercising its duties under this subsection, the
29 Department shall:
30 (1) provide a uniform reporting format for the
31 entry of pertinent information regarding the report of a
32 missing person into LEADS;
33 (2) develop and implement a policy whereby a
34 statewide or regional alert would be used in situations
SB363 Re-enrolled -27- LRB9002769NTsb
1 relating to the disappearances of individuals, based on
2 criteria and in a format established by the Department.
3 Such a format shall include, but not be limited to, the
4 age of the missing person and the suspected circumstance
5 of the disappearance;
6 (3) notify all law enforcement agencies that
7 reports of missing persons shall be entered as soon as
8 the minimum level of data specified by the Department is
9 available to the reporting agency, and that no waiting
10 period for the entry of such data exists;
11 (4) compile and retain information regarding lost,
12 abducted, missing or runaway minors in a separate data
13 file, in a manner that allows such information to be used
14 by law enforcement and other agencies deemed appropriate
15 by the Director, for investigative purposes. Such
16 information shall include the disposition of all reported
17 lost, abducted, missing or runaway minor cases;
18 (5) compile and maintain an historic data
19 repository relating to lost, abducted, missing or runaway
20 minors and other missing persons in order to develop and
21 improve techniques utilized by law enforcement agencies
22 when responding to reports of missing persons; and
23 (6) create a quality control program regarding
24 confirmation of missing person data, timeliness of
25 entries of missing person reports into LEADS and
26 performance audits of all entering agencies.
27 25. On request of a school board or regional
28 superintendent of schools, to conduct an inquiry pursuant to
29 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
30 an applicant for employment in a school district has been
31 convicted of any criminal or drug offenses enumerated in
32 Section 10-21.9 or 34-18.5 of the School Code. The
33 Department shall furnish such conviction information to the
34 President of the school board of the school district which
SB363 Re-enrolled -28- LRB9002769NTsb
1 has requested the information, or if the information was
2 requested by the regional superintendent to that regional
3 superintendent.
4 26. To promulgate rules and regulations necessary for
5 the administration and enforcement of its powers and duties,
6 wherever granted and imposed, pursuant to the Illinois
7 Administrative Procedure Act.
8 27. To (a) promulgate rules pertaining to the
9 certification, revocation of certification and training of
10 law enforcement officers as electronic criminal surveillance
11 officers, (b) provide training and technical assistance to
12 State's Attorneys and local law enforcement agencies
13 pertaining to the interception of private oral
14 communications, (c) promulgate rules necessary for the
15 administration of Article 108B of the Code of Criminal
16 Procedure of 1963, including but not limited to standards for
17 recording and minimization of electronic criminal
18 surveillance intercepts, documentation required to be
19 maintained during an intercept, procedures in relation to
20 evidence developed by an intercept, and (d) charge a
21 reasonable fee to each law enforcement agency that sends
22 officers to receive training as electronic criminal
23 surveillance officers.
24 28. Upon the request of any private organization which
25 devotes a major portion of its time to the provision of
26 recreational, social, educational or child safety services to
27 children, to conduct, pursuant to positive identification,
28 criminal background investigations of all of that
29 organization's current employees, current volunteers,
30 prospective employees or prospective volunteers charged with
31 the care and custody of children during the provision of the
32 organization's services, and to report to the requesting
33 organization any record of convictions maintained in the
34 Department's files about such persons. The Department shall
SB363 Re-enrolled -29- LRB9002769NTsb
1 charge an application fee, based on actual costs, for the
2 dissemination of conviction information pursuant to this
3 subsection. The Department is empowered to establish this
4 fee and shall prescribe the form and manner for requesting
5 and furnishing conviction information pursuant to this
6 subsection. Information received by the organization from the
7 Department concerning an individual shall be provided to such
8 individual. Any such information obtained by the
9 organization shall be confidential and may not be transmitted
10 outside the organization and may not be transmitted to anyone
11 within the organization except as needed for the purpose of
12 evaluating the individual. Only information and standards
13 which bear a reasonable and rational relation to the
14 performance of child care shall be used by the organization.
15 Any employee of the Department or any member, employee or
16 volunteer of the organization receiving confidential
17 information under this subsection who gives or causes to be
18 given any confidential information concerning any criminal
19 convictions of an individual shall be guilty of a Class A
20 misdemeanor unless release of such information is authorized
21 by this subsection.
22 29. Upon the request of the Department of Children and
23 Family Services, to investigate reports of child abuse or
24 neglect.
25 30. To obtain registration of a fictitious vital record
26 pursuant to Section 15.1 of the Vital Records Act.
27 31. To collect and disseminate information relating to
28 "hate crimes" as defined under Section 12-7.1 of the Criminal
29 Code of 1961 contingent upon the availability of State or
30 Federal funds to revise and upgrade the Illinois Uniform
31 Crime Reporting System. All law enforcement agencies shall
32 report monthly to the Department of State Police concerning
33 such offenses in such form and in such manner as may be
34 prescribed by rules and regulations adopted by the Department
SB363 Re-enrolled -30- LRB9002769NTsb
1 of State Police. Such information shall be compiled by the
2 Department and be disseminated upon request to any local law
3 enforcement agency, unit of local government, or state
4 agency. Dissemination of such information shall be subject
5 to all confidentiality requirements otherwise imposed by law.
6 The Department of State Police shall provide training for
7 State Police officers in identifying, responding to, and
8 reporting all hate crimes. The Illinois Local Governmental
9 Law Enforcement Officer's Training Standards Board shall
10 develop and certify a course of such training to be made
11 available to local law enforcement officers.
12 32. Upon the request of a private carrier company that
13 provides transportation under Section 28b of the Metropolitan
14 Transit Authority Act, to ascertain if an applicant for a
15 driver position has been convicted of any criminal or drug
16 offense enumerated in Section 28b of the Metropolitan Transit
17 Authority Act. The Department shall furnish the conviction
18 information to the private carrier company that requested the
19 information.
20 33. To apply for grants or contracts, receive, expend,
21 allocate, or disburse funds and moneys made available by
22 public or private entities, including, but not limited to,
23 contracts, bequests, grants, or receiving equipment from
24 corporations, foundations, or public or private institutions
25 of higher learning. All funds received by the Department
26 from these sources shall be deposited into the appropriate
27 fund in the State Treasury to be appropriated to the
28 Department for purposes as indicated by the grantor or
29 contractor or, in the case of funds or moneys bequeathed or
30 granted for no specific purpose, for any purpose as deemed
31 appropriate by the Director in administering the
32 responsibilities of the Department.
33 34. Upon the request of the Department of Children and
34 Family Services, the Department of State Police shall provide
SB363 Re-enrolled -31- LRB9002769NTsb
1 properly designated employees of the Department of Children
2 and Family Services with criminal history record information
3 as defined in the Illinois Uniform Conviction Information Act
4 and information maintained in the Statewide Central Juvenile
5 adjudicatory and dispositional record system as defined in
6 subdivision (A)19 of this Section if the Department of
7 Children and Family Services determines the information is
8 necessary to perform its duties under the Abused and
9 Neglected Child Reporting Act, the Child Care Act of 1969,
10 and the Children and Family Services Act. The request shall
11 be in the form and manner specified by the Department of
12 State Police.
13 35. The Illinois Department of Public Aid is an
14 authorized entity under this Section for the purpose of
15 exchanging information, in the form and manner required by
16 the Department of State Police to facilitate the location of
17 individuals for establishing paternity, and establishing,
18 modifying, and enforcing child support obligations, pursuant
19 to the Public Aid Code and Title IV, Section D of the Social
20 Security Act.
21 (B) The Department of State Police may establish and
22 maintain, within the Department of State Police, a Statewide
23 Organized Criminal Gang Database (SWORD) for the purpose of
24 tracking organized criminal gangs and their memberships.
25 Information in the database may include, but not be limited
26 to, the name, last known address, birth date, physical
27 descriptions (such as scars, marks, or tattoos), officer
28 safety information, organized gang affiliation, and entering
29 agency identifier. The Department may develop, in
30 consultation with the Criminal Justice Information Authority,
31 and in a form and manner prescribed by the Department, an
32 automated data exchange system to compile, to maintain, and
33 to make this information electronically available to
34 prosecutors and to other law enforcement agencies. The
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1 information may be used by authorized agencies to combat the
2 operations of organized criminal gangs statewide.
3 (C) The Department of State Police may ascertain the
4 number of bilingual police officers and other personnel
5 needed to provide services in a language other than English
6 and may establish, under applicable personnel rules and
7 Department guidelines or through a collective bargaining
8 agreement, a bilingual pay supplement program.
9 35. The Illinois Department of Public Aid is an
10 authorized entity under this Section for the purpose of
11 obtaining access to various data repositories available
12 through LEADS, to facilitate the location of individuals for
13 establishing paternity, and establishing, modifying, and
14 enforcing child support obligations, pursuant to the Public
15 Aid Code and Title IV, Section D of the Social Security Act.
16 The Department shall enter into an agreement with the
17 Illinois Department of Public Aid consistent with these
18 purposes.
19 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
20 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 9-29-97.)
21 Section 1001-15. The Criminal Identification Act is
22 amended by changing Sections 2.1 and 5 as follows:
23 (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
24 Sec. 2.1. For the purpose of maintaining complete and
25 accurate criminal records of the Department of State Police,
26 it is necessary for all policing bodies of this State, the
27 clerk of the circuit court, the Illinois Department of
28 Corrections, the sheriff of each county, and State's Attorney
29 of each county to submit certain criminal arrest, charge, and
30 disposition information to the Department for filing at the
31 earliest time possible. Unless otherwise noted herein, it
32 shall be the duty of all policing bodies of this State, the
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1 clerk of the circuit court, the Illinois Department of
2 Corrections, the sheriff of each county, and the State's
3 Attorney of each county to report such information as
4 provided in this Section, both in the form and manner
5 required by the Department and within 30 days of the criminal
6 history event. Specifically:
7 (a) Arrest Information. All agencies making arrests for
8 offenses which are required by statute to be collected,
9 maintained or disseminated by the Department of State Police
10 shall be responsible for furnishing daily to the Department
11 fingerprints, charges and descriptions of all persons who are
12 arrested for such offenses. All such agencies shall also
13 notify the Department of all decisions by the arresting
14 agency not to refer such arrests for prosecution. With
15 approval of the Department, an agency making such arrests may
16 enter into arrangements with other agencies for the purpose
17 of furnishing daily such fingerprints, charges and
18 descriptions to the Department upon its behalf.
19 (b) Charge Information. The State's Attorney of each
20 county shall notify the Department of all charges filed and
21 all petitions filed alleging that a minor is delinquent,
22 including all those added subsequent to the filing of a case,
23 and whether charges were not filed in cases for which the
24 Department has received information required to be reported
25 pursuant to paragraph (a) of this Section. With approval of
26 the Department, the State's Attorney may enter into
27 arrangements with other agencies for the purpose of
28 furnishing the information required by this subsection (b) to
29 the Department upon the State's Attorney's behalf.
30 (c) Disposition Information. The clerk of the circuit
31 court of each county shall furnish the Department, in the
32 form and manner required by the Supreme Court, with all final
33 dispositions of cases for which the Department has received
34 information required to be reported pursuant to paragraph
SB363 Re-enrolled -34- LRB9002769NTsb
1 paragraphs (a) or (d) of this Section. Such information shall
2 include, for each charge, all (1) judgments of not guilty,
3 judgments of guilty including the sentence pronounced by the
4 court, findings that a minor is delinquent and any sentence
5 made based on those findings, discharges and dismissals in
6 the court; (2) reviewing court orders filed with the clerk of
7 the circuit court which reverse or remand a reported
8 conviction or findings that a minor is delinquent or that
9 vacate or modify a sentence or sentence made following a
10 trial that a minor is delinquent; (3) continuances to a date
11 certain in furtherance of an order of supervision granted
12 under Section 5-6-1 of the Unified Code of Corrections or an
13 order of probation granted under Section 10 of the Cannabis
14 Control Act, Section 410 of the Illinois Controlled
15 Substances Act, Section 12-4.3 of the Criminal Code of 1961,
16 Section 10-102 of the Illinois Alcoholism and Other Drug
17 Dependency Act, Section 40-10 of the Alcoholism and Other
18 Drug Abuse and Dependency Act, or Section 10 of the Steroid
19 Control Act, or Section 5-615 of the Juvenile Court Act of
20 1987; and (4) judgments or court orders terminating or
21 revoking a sentence to or juvenile disposition of probation,
22 supervision or conditional discharge and any resentencing or
23 new court orders entered by a juvenile court relating to the
24 disposition of a minor's case involving delinquency after
25 such revocation.
26 (d) Fingerprints After Sentencing.
27 (1) After the court pronounces sentence, sentences a
28 minor following a trial in which a minor was found to be
29 delinquent or issues an order of supervision or an order
30 of probation granted under Section 10 of the Cannabis
31 Control Act, Section 410 of the Illinois Controlled
32 Substances Act, Section 12-4.3 of the Criminal Code of
33 1961, Section 10-102 of the Illinois Alcoholism and Other
34 Drug Dependency Act, Section 40-10 of the Alcoholism and
SB363 Re-enrolled -35- LRB9002769NTsb
1 Other Drug Abuse and Dependency Act, or Section 10 of the
2 Steroid Control Act, or Section 5-615 of the Juvenile
3 Court Act of 1987 for any offense which is required by
4 statute to be collected, maintained, or disseminated by
5 the Department of State Police, the State's Attorney of
6 each county shall ask the court to order a law
7 enforcement agency to fingerprint immediately all persons
8 appearing before the court who have not previously been
9 fingerprinted for the same case. The court shall so order
10 the requested fingerprinting, if it determines that any
11 such person has not previously been fingerprinted for the
12 same case. The law enforcement agency shall submit such
13 fingerprints to the Department daily.
14 (2) After the court pronounces sentence or makes a
15 disposition of a case following a finding of delinquency
16 for any offense which is not required by statute to be
17 collected, maintained, or disseminated by the Department
18 of State Police, the prosecuting attorney may ask the
19 court to order a law enforcement agency to fingerprint
20 immediately all persons appearing before the court who
21 have not previously been fingerprinted for the same case.
22 The court may so order the requested fingerprinting, if
23 it determines that any so sentenced person has not
24 previously been fingerprinted for the same case. The law
25 enforcement agency may retain such fingerprints in its
26 files.
27 (e) Corrections Information. The Illinois Department of
28 Corrections and the sheriff of each county shall furnish the
29 Department with all information concerning the receipt,
30 escape, execution, death, release, pardon, parole,
31 commutation of sentence, granting of executive clemency or
32 discharge of an individual who has been sentenced or
33 committed to the agency's custody for any offenses which are
34 mandated by statute to be collected, maintained or
SB363 Re-enrolled -36- LRB9002769NTsb
1 disseminated by the Department of State Police. For an
2 individual who has been charged with any such offense and who
3 escapes from custody or dies while in custody, all
4 information concerning the receipt and escape or death,
5 whichever is appropriate, shall also be so furnished to the
6 Department.
7 (Source: P.A. 88-538; 88-670, eff. 12-2-94.)
8 (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
9 Sec. 5. Arrest reports; expungement.
10 (a) All policing bodies of this State shall furnish to
11 the Department, daily, in the form and detail the Department
12 requires, fingerprints and descriptions of all persons who
13 are arrested on charges of violating any penal statute of
14 this State for offenses that are classified as felonies and
15 Class A or B misdemeanors and of all minors of the age of 10
16 and over who have been arrested for an offense which would be
17 a felony if committed by an adult, and may forward such
18 fingerprints and descriptions for minors arrested for Class A
19 or B misdemeanors. or taken into custody before their 17th
20 birthday for an offense that if committed by an adult would
21 constitute the offense of unlawful use of weapons under
22 Article 24 of the Criminal Code of 1961, a forcible felony as
23 defined in Section 2-8 of the Criminal Code of 1961, or a
24 Class 2 or greater felony under the Cannabis Control Act, the
25 Illinois Controlled Substances Act, or Chapter 4 of the
26 Illinois Vehicle Code. Moving or nonmoving traffic
27 violations under the Illinois Vehicle Code shall not be
28 reported except for violations of Chapter 4, Section
29 11-204.1, or Section 11-501 of that Code. In addition,
30 conservation offenses, as defined in the Supreme Court Rule
31 501(c), that are classified as Class B misdemeanors shall not
32 be reported.
33 Whenever an adult or minor prosecuted as an adult, not
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1 having previously been convicted of any criminal offense or
2 municipal ordinance violation, charged with a violation of a
3 municipal ordinance or a felony or misdemeanor, is acquitted
4 or released without being convicted, whether the acquittal or
5 release occurred before, on, or after the effective date of
6 this amendatory Act of 1991, the Chief Judge of the circuit
7 wherein the charge was brought, any judge of that circuit
8 designated by the Chief Judge, or in counties of less than
9 3,000,000 inhabitants, the presiding trial judge at the
10 defendant's trial may upon verified petition of the defendant
11 order the record of arrest expunged from the official records
12 of the arresting authority and the Department and order that
13 the records of the clerk of the circuit court be sealed until
14 further order of the court upon good cause shown and the name
15 of the defendant obliterated on the official index required
16 to be kept by the circuit court clerk under Section 16 of the
17 Clerks of Courts Act, but the order shall not affect any
18 index issued by the circuit court clerk before the entry of
19 the order. The Department may charge the petitioner a fee
20 equivalent to the cost of processing any order to expunge or
21 seal the records, and the fee shall be deposited into the
22 State Police Services Fund. The records of those arrests,
23 however, that result in a disposition of supervision for any
24 offense shall not be expunged from the records of the
25 arresting authority or the Department nor impounded by the
26 court until 2 years after discharge and dismissal of
27 supervision. Those records that result from a supervision
28 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
29 11-503 of the Illinois Vehicle Code or a similar provision of
30 a local ordinance, or for a violation of Section 12-3.2,
31 12-15 or 16A-3 of the Criminal Code of 1961, or probation
32 under Section 10 of the Cannabis Control Act, Section 410 of
33 the Illinois Controlled Substances Act, Section 12-4.3 b(1)
34 and (2) of the Criminal Code of 1961, Section 10-102 of the
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1 Illinois Alcoholism and Other Drug Dependency Act when the
2 judgment of conviction has been vacated, Section 40-10 of the
3 Alcoholism and Other Drug Abuse and Dependency Act when the
4 judgment of conviction has been vacated, or Section 10 of the
5 Steroid Control Act shall not be expunged from the records of
6 the arresting authority nor impounded by the court until 5
7 years after termination of probation or supervision. Those
8 records that result from a supervision for a violation of
9 Section 11-501 of the Illinois Vehicle Code or a similar
10 provision of a local ordinance, shall not be expunged. All
11 records set out above may be ordered by the court to be
12 expunged from the records of the arresting authority and
13 impounded by the court after 5 years, but shall not be
14 expunged by the Department, but shall, on court order be
15 sealed by the Department and may be disseminated by the
16 Department only as required by law or to the arresting
17 authority, the State's Attorney, and the court upon a later
18 arrest for the same or a similar offense or for the purpose
19 of sentencing for any subsequent felony. Upon conviction for
20 any offense, the Department of Corrections shall have access
21 to all sealed records of the Department pertaining to that
22 individual.
23 (a-5) Those records maintained by the Department for
24 persons arrested prior to their 17th birthday shall be
25 expunged as provided in Section 5-915 of the Juvenile Court
26 Act of 1987.
27 (b) Whenever a person has been convicted of a crime or
28 of the violation of a municipal ordinance, in the name of a
29 person whose identity he has stolen or otherwise come into
30 possession of, the aggrieved person from whom the identity
31 was stolen or otherwise obtained without authorization, upon
32 learning of the person having been arrested using his
33 identity, may, upon verified petition to the chief judge of
34 the circuit wherein the arrest was made, have a court order
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1 entered nunc pro tunc by the chief judge to correct the
2 arrest record, conviction record, if any, and all official
3 records of the arresting authority, the Department, other
4 criminal justice agencies, the prosecutor, and the trial
5 court concerning such arrest, if any, by removing his name
6 from all such records in connection with the arrest and
7 conviction, if any, and by inserting in the records the name
8 of the offender, if known or ascertainable, in lieu of the
9 has name. The records of the clerk of the circuit court
10 clerk shall be sealed until further order of the court upon
11 good cause shown and the name of the aggrieved person
12 obliterated on the official index required to be kept by the
13 circuit court clerk under Section 16 of the Clerks of Courts
14 Act, but the order shall not affect any index issued by the
15 circuit court clerk before the entry of the order. Nothing in
16 this Section shall limit the Department of State Police or
17 other criminal justice agencies or prosecutors from listing
18 under an offender's name the false names he or she has used.
19 For purposes of this Section, convictions for moving and
20 nonmoving traffic violations other than convictions for
21 violations of Chapter 4, Section 11-204.1 or Section 11-501
22 of the Illinois Vehicle Code shall not be a bar to expunging
23 the record of arrest and court records for violation of a
24 misdemeanor or municipal ordinance.
25 (c) Whenever a person who has been convicted of an
26 offense is granted a pardon by the Governor which
27 specifically authorizes expungement, he may, upon verified
28 petition to the chief judge of the circuit where the person
29 had been convicted, any judge of the circuit designated by
30 the Chief Judge, or in counties of less than 3,000,000
31 inhabitants, the presiding trial judge at the defendant's
32 trial, may have a court order entered expunging the record of
33 arrest from the official records of the arresting authority
34 and order that the records of the clerk of the circuit court
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1 and the Department be sealed until further order of the court
2 upon good cause shown or as otherwise provided herein, and
3 the name of the defendant obliterated from the official index
4 requested to be kept by the circuit court clerk under Section
5 16 of the Clerks of Courts Act in connection with the arrest
6 and conviction for the offense for which he had been pardoned
7 but the order shall not affect any index issued by the
8 circuit court clerk before the entry of the order. All
9 records sealed by the Department may be disseminated by the
10 Department only as required by law or to the arresting
11 authority, the States Attorney, and the court upon a later
12 arrest for the same or similar offense or for the purpose of
13 sentencing for any subsequent felony. Upon conviction for
14 any subsequent offense, the Department of Corrections shall
15 have access to all sealed records of the Department
16 pertaining to that individual. Upon entry of the order of
17 expungement, the clerk of the circuit court shall promptly
18 mail a copy of the order to the person who was pardoned.
19 (d) Notice of the petition for subsections (a), (b), and
20 (c) shall be served upon the State's Attorney or prosecutor
21 charged with the duty of prosecuting the offense, the
22 Department of State Police, the arresting agency and the
23 chief legal officer of the unit of local government affecting
24 the arrest. Unless the State's Attorney or prosecutor, the
25 Department of State Police, the arresting agency or such
26 chief legal officer objects to the petition within 30 days
27 from the date of the notice, the court shall enter an order
28 granting or denying the petition. The clerk of the court
29 shall promptly mail a copy of the order to the person, the
30 arresting agency, the prosecutor, the Department of State
31 Police and such other criminal justice agencies as may be
32 ordered by the judge.
33 (e) Nothing herein shall prevent the Department of State
34 Police from maintaining all records of any person who is
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1 admitted to probation upon terms and conditions and who
2 fulfills those terms and conditions pursuant to Section 10 of
3 the Cannabis Control Act, Section 410 of the Illinois
4 Controlled Substances Act, Section 12-4.3 of the Criminal
5 Code of 1961, Section 10-102 of the Illinois Alcoholism and
6 Other Drug Dependency Act, Section 40-10 of the Alcoholism
7 and Other Drug Abuse and Dependency Act, or Section 10 of the
8 Steroid Control Act.
9 (f) No court order issued pursuant to the expungement
10 provisions of this Section shall become final for purposes of
11 appeal until 30 days after notice is received by the
12 Department. Any court order contrary to the provisions of
13 this Section is void.
14 (g) The court shall not order the sealing or expungement
15 of the arrest records and records of the circuit court clerk
16 of any person granted supervision for or convicted of any
17 sexual offense committed against a minor under 18 years of
18 age. For the purposes of this Section, "sexual offense
19 committed against a minor" includes but is not limited to the
20 offenses of indecent solicitation of a child or criminal
21 sexual abuse when the victim of such offense is under 18
22 years of age.
23 (Source: P.A. 88-45; 88-77; 88-670, eff. 12-2-94; 88-679,
24 eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.)
25 Section 1001-16. The School Code is amended by changing
26 Section 34-2.1 as follows:
27 (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
28 Sec. 34-2.1. Local School Councils - Composition -
29 Voter-Eligibility - Elections - Terms.
30 (a) A local school council shall be established for each
31 attendance center within the school district. Each local
32 school council shall consist of the following 11 voting
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1 members: the principal of the attendance center, 2 teachers
2 employed and assigned to perform the majority of their
3 employment duties at the attendance center, 6 parents of
4 students currently enrolled at the attendance center and 2
5 community residents. Neither the parents nor the community
6 residents who serve as members of the local school council
7 shall be employees of the Board of Education. In each
8 secondary attendance center, the local school council shall
9 consist of 12 voting members -- the 11 voting members
10 described above and one full-time student member, appointed
11 as provided in subsection (m) below. In the event that the
12 chief executive officer of the Chicago School Reform Board of
13 Trustees determines that a local school council is not
14 carrying out its financial duties effectively, the chief
15 executive officer is authorized to appoint a representative
16 of the business community with experience in finance and
17 management to serve as an advisor to the local school
18 council for the purpose of providing advice and assistance to
19 the local school council on fiscal matters. The advisor
20 shall have access to relevant financial records of the local
21 school council. The advisor may attend executive sessions.
22 The chief executive officer shall issue a written policy
23 defining the circumstances under which a local school council
24 is not carrying out its financial duties effectively.
25 (b) Within 7 days of January 11, 1991, the Mayor shall
26 appoint the members and officers (a Chairperson who shall be
27 a parent member and a Secretary) of each local school council
28 who shall hold their offices until their successors shall be
29 elected and qualified. Members so appointed shall have all
30 the powers and duties of local school councils as set forth
31 in this amendatory Act of 1991. The Mayor's appointments
32 shall not require approval by the City Council.
33 The membership of each local school council shall be
34 encouraged to be reflective of the racial and ethnic
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1 composition of the student population of the attendance
2 center served by the local school council.
3 (c) Beginning with the 1995-1996 school year and in
4 every even-numbered year thereafter, the Board shall set
5 second semester Parent Report Card Pick-up Day for Local
6 School Council elections and may schedule elections at
7 year-round schools for the same dates as the remainder of the
8 school system. Elections shall be conducted as provided
9 herein by the Board of Education in consultation with the
10 local school council at each attendance center.
11 (d) Beginning with the 1995-96 school year, the
12 following procedures shall apply to the election of local
13 school council members at each attendance center:
14 (i) The elected members of each local school
15 council shall consist of the 6 parent members and the 2
16 community resident members.
17 (ii) Each elected member shall be elected by the
18 eligible voters of that attendance center to serve for a
19 two-year term commencing on July 1 immediately following
20 the election described in subsection (c). Eligible
21 voters for each attendance center shall consist of the
22 parents and community residents for that attendance
23 center.
24 (iii) Each eligible voter shall be entitled to cast
25 one vote for up to a total of 5 candidates, irrespective
26 of whether such candidates are parent or community
27 resident candidates.
28 (iv) Each parent voter shall be entitled to vote in
29 the local school council election at each attendance
30 center in which he or she has a child currently enrolled.
31 Each community resident voter shall be entitled to vote
32 in the local school council election at each attendance
33 center for which he or she resides in the applicable
34 attendance area or voting district, as the case may be.
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1 (v) Each eligible voter shall be entitled to vote
2 once, but not more than once, in the local school council
3 election at each attendance center at which the voter is
4 eligible to vote.
5 (vi) The 2 teacher members of each local school
6 council shall be appointed as provided in subsection (l)
7 below each to serve for a two-year term coinciding with
8 that of the elected parent and community resident
9 members.
10 (vii) At secondary attendance centers, the voting
11 student member shall be appointed as provided in
12 subsection (m) below to serve for a one-year term
13 coinciding with the beginning of the terms of the elected
14 parent and community members of the local school council.
15 (e) The Council shall publicize the date and place of
16 the election by posting notices at the attendance center, in
17 public places within the attendance boundaries of the
18 attendance center and by distributing notices to the pupils
19 at the attendance center, and shall utilize such other means
20 as it deems necessary to maximize the involvement of all
21 eligible voters.
22 (f) Nomination. The Council shall publicize the opening
23 of nominations by posting notices at the attendance center,
24 in public places within the attendance boundaries of the
25 attendance center and by distributing notices to the pupils
26 at the attendance center, and shall utilize such other means
27 as it deems necessary to maximize the involvement of all
28 eligible voters. Not less than 2 weeks before the election
29 date, persons eligible to run for the Council shall submit
30 their name and some evidence of eligibility to the Council.
31 The Council shall encourage nomination of candidates
32 reflecting the racial/ethnic population of the students at
33 the attendance center. Each person nominated who runs as a
34 candidate shall disclose, in a manner determined by the
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1 Board, any economic interest held by such person, by such
2 person's spouse or children, or by each business entity in
3 which such person has an ownership interest, in any contract
4 with the Board, any local school council or any public school
5 in the school district. Each person nominated who runs as a
6 candidate shall also disclose, in a manner determined by the
7 Board, if he or she ever has been convicted of any of the
8 offenses specified in subsection (c) of Section 34-18.5;
9 provided that neither this provision nor any other provision
10 of this Section shall be deemed to require the disclosure of
11 any information that is contained in any law enforcement
12 record or juvenile court record that is confidential or whose
13 accessibility or disclosure is restricted or prohibited under
14 Section 5-901 1-7 or 5-905 1-8 of the Juvenile Court Act of
15 1987. Failure to make such disclosure shall render a person
16 ineligible for election to the local school council. The
17 same disclosure shall be required of persons under
18 consideration for appointment to the Council pursuant to
19 subsections (l) and (m) of this Section.
20 (g) At least one week before the election date, the
21 Council shall publicize, in the manner provided in subsection
22 (e), the names of persons nominated for election.
23 (h) Voting shall be in person by secret ballot at the
24 attendance center between the hours of 6:00 a.m. and 7:00
25 p.m.
26 (i) Candidates receiving the highest number of votes
27 shall be declared elected by the Council. In cases of a tie,
28 the Council shall determine the winner by lot.
29 (j) The Council shall certify the results of the
30 election and shall publish the results in the minutes of the
31 Council.
32 (k) The general superintendent shall resolve any
33 disputes concerning election procedure or results and shall
34 ensure that, except as provided in subsections (e) and (g),
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1 no resources of any attendance center shall be used to
2 endorse or promote any candidate.
3 (l) Beginning with the 1995-1996 school year and in
4 every even numbered year thereafter, the Board shall appoint
5 2 teacher members to each local school council. These
6 appointments shall be made in the following manner:
7 (i) The Board shall appoint 2 teachers who are
8 employed and assigned to perform the majority of their
9 employment duties at the attendance center to serve on
10 the local school council of the attendance center for a
11 two-year term coinciding with the terms of the elected
12 parent and community members of that local school
13 council. These appointments shall be made from among
14 those teachers who are nominated in accordance with
15 subsection (f).
16 (ii) A non-binding, advisory poll to ascertain the
17 preferences of the school staff regarding appointments of
18 teachers to the local school council for that attendance
19 center shall be conducted in accordance with the
20 procedures used to elect parent and community Council
21 representatives. At such poll, each member of the school
22 staff shall be entitled to indicate his or her preference
23 for up to 2 candidates from among those who submitted
24 statements of candidacy as described above. These
25 preferences shall be advisory only and the Board shall
26 maintain absolute discretion to appoint teacher members
27 to local school councils, irrespective of the preferences
28 expressed in any such poll.
29 (m) Beginning with the 1995-1996 school year, and in
30 every year thereafter, the Board shall appoint one student
31 member to each secondary attendance center. These
32 appointments shall be made in the following manner:
33 (i) Appointments shall be made from among those
34 students who submit statements of candidacy to the
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1 principal of the attendance center, such statements to be
2 submitted commencing on the first day of the twentieth
3 week of school and continuing for 2 weeks thereafter.
4 The form and manner of such candidacy statements shall be
5 determined by the Board.
6 (ii) During the twenty-second week of school in
7 every year, the principal of each attendance center shall
8 conduct a non-binding, advisory poll to ascertain the
9 preferences of the school students regarding the
10 appointment of a student to the local school council for
11 that attendance center. At such poll, each student shall
12 be entitled to indicate his or her preference for up to
13 one candidate from among those who submitted statements
14 of candidacy as described above. The Board shall
15 promulgate rules to ensure that these non-binding,
16 advisory polls are conducted in a fair and equitable
17 manner and maximize the involvement of all school
18 students. The preferences expressed in these
19 non-binding, advisory polls shall be transmitted by the
20 principal to the Board. However, these preferences shall
21 be advisory only and the Board shall maintain absolute
22 discretion to appoint student members to local school
23 councils, irrespective of the preferences expressed in
24 any such poll.
25 (iii) For the 1995-96 school year only,
26 appointments shall be made from among those students who
27 submitted statements of candidacy to the principal of the
28 attendance center during the first 2 weeks of the school
29 year. The principal shall communicate the results of any
30 nonbinding, advisory poll to the Board. These results
31 shall be advisory only, and the Board shall maintain
32 absolute discretion to appoint student members to local
33 school councils, irrespective of the preferences
34 expressed in any such poll.
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1 (n) The Board may promulgate such other rules and
2 regulations for election procedures as may be deemed
3 necessary to ensure fair elections.
4 (o) In the event that a vacancy occurs during a member's
5 term, the Council shall appoint a person eligible to serve on
6 the Council, to fill the unexpired term created by the
7 vacancy, except that any teacher vacancy shall be filled by
8 the Board after considering the preferences of the school
9 staff as ascertained through a non-binding advisory poll of
10 school staff.
11 (p) If less than the specified number of persons is
12 elected within each candidate category, the newly elected
13 local school council shall appoint eligible persons to serve
14 as members of the Council for two-year terms.
15 (q) The Board shall promulgate rules regarding conflicts
16 of interest and disclosure of economic interests which shall
17 apply to local school council members and which shall require
18 reports or statements to be filed by Council members at
19 regular intervals with the Secretary of the Board. Failure
20 to comply with such rules or intentionally falsifying such
21 reports shall be grounds for disqualification from local
22 school council membership. A vacancy on the Council for
23 disqualification may be so declared by the Secretary of the
24 Board. Rules regarding conflicts of interest and disclosure
25 of economic interests promulgated by the Board shall apply to
26 local school council members in addition to the requirements
27 of the Illinois Governmental Ethics Act applicable to local
28 school council members.
29 (r) If a parent member of a Local School Council ceases
30 to have any child enrolled in the attendance center governed
31 by the Local School Council due to the graduation or
32 voluntary transfer of a child or children from the attendance
33 center, the parent's membership on the Local School Council
34 and all voting rights are terminated immediately as of the
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1 date of the child's graduation or voluntary transfer.
2 Further, a local school council member may be removed from
3 the Council by a majority vote of the Council as provided in
4 subsection (c) of Section 34-2.2 if the Council member has
5 missed 3 consecutive regular meetings, not including
6 committee meetings, or 5 regular meetings in a 12 month
7 period, not including committee meetings. Further, a local
8 school council member may be removed by the council by a
9 majority vote of the council as provided in subsection (c) of
10 Section 34-2.2 if the council determines that a member failed
11 to disclose a conviction of any of the offenses specified in
12 subsection (c) of Section 34-18.5 as required in subsection
13 (f) of this Section 34-2.1. A vote to remove a Council member
14 shall only be valid if the Council member has been notified
15 personally or by certified mail, mailed to the person's last
16 known address, of the Council's intent to vote on the Council
17 member's removal at least 7 days prior to the vote. The
18 Council member in question shall have the right to explain
19 his or her actions and shall be eligible to vote on the
20 question of his or her removal from the Council. The
21 provisions of this subsection shall be contained within the
22 petitions used to nominate Council candidates.
23 (Source: P.A. 89-15, eff. 5-30-95; 89-369, eff. 8-18-95;
24 89-626, eff. 8-9-96; 89-636, eff. 8-9-96; 90-378, eff.
25 8-14-97.)
26 Section 1001-20. The Illinois School Student Records Act
27 is amended by changing Sections 2, 4, 5, and 6 as follows:
28 (105 ILCS 10/2) (from Ch. 122, par. 50-2)
29 Sec. 2. As used in this Act,
30 (a) "Student" means any person enrolled or previously
31 enrolled in a school.
32 (b) "School" means any public preschool, day care
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1 center, kindergarten, nursery, elementary or secondary
2 educational institution, vocational school, special
3 educational facility or any other elementary or secondary
4 educational agency or institution and any person, agency or
5 institution which maintains school student records from more
6 than one school, but does not include a private or non-public
7 school.
8 (c) "State Board" means the State Board of Education.
9 (d) "School Student Record" means any writing or other
10 recorded information concerning a student and by which a
11 student may be individually identified, maintained by a
12 school or at its direction or by an employee of a school,
13 regardless of how or where the information is stored. The
14 following shall not be deemed school student records under
15 this Act: writings or other recorded information maintained
16 by an employee of a school or other person at the direction
17 of a school for his or her exclusive use; provided that all
18 such writings and other recorded information are destroyed
19 not later than the student's graduation or permanent
20 withdrawal from the school; and provided further that no such
21 records or recorded information may be released or disclosed
22 to any person except a person designated by the school as a
23 substitute unless they are first incorporated in a school
24 student record and made subject to all of the provisions of
25 this Act. School student records shall not include
26 information maintained by law enforcement professionals
27 working in the school.
28 (e) "Student Permanent Record" means the minimum
29 personal information necessary to a school in the education
30 of the student and contained in a school student record.
31 Such information may include the student's name, birth date,
32 address, grades and grade level, parents' names and
33 addresses, attendance records, and such other entries as the
34 State Board may require or authorize.
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1 (f) "Student Temporary Record" means all information
2 contained in a school student record but not contained in the
3 student permanent record. Such information may include
4 family background information, intelligence test scores,
5 aptitude test scores, psychological and personality test
6 results, teacher evaluations, and other information of clear
7 relevance to the education of the student, all subject to
8 regulations of the State Board. In addition, the student
9 temporary record shall include information regarding serious
10 disciplinary infractions that resulted in expulsion,
11 suspension, or the imposition of punishment or sanction. For
12 purposes of this provision, serious disciplinary infractions
13 means: infractions involving drugs, weapons, or bodily harm
14 to another.
15 (g) "Parent" means a person who is the natural parent of
16 the student or other person who has the primary
17 responsibility for the care and upbringing of the student.
18 All rights and privileges accorded to a parent under this Act
19 shall become exclusively those of the student upon his 18th
20 birthday, graduation from secondary school, marriage or entry
21 into military service, whichever occurs first. Such rights
22 and privileges may also be exercised by the student at any
23 time with respect to the student's permanent school record.
24 (Source: P.A. 79-1108.)
25 (105 ILCS 10/4) (from Ch. 122, par. 50-4)
26 Sec. 4. (a) Each school shall designate an official
27 records custodian who is responsible for the maintenance,
28 care and security of all school student records, whether or
29 not such records are in his personal custody or control.
30 (b) The official records custodian shall take all
31 reasonable measures to prevent unauthorized access to or
32 dissemination of school student records.
33 (c) Information contained in or added to a school
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1 student record shall be limited to information which is of
2 clear relevance to the education of the student.
3 (d) Information added to a student temporary record
4 after the effective date of this Act shall include the name,
5 signature and position of the person who has added such
6 information and the date of its entry into the record.
7 (e) Each school shall maintain student permanent records
8 and the information contained therein for not less than 60
9 years after the student has transferred, graduated or
10 otherwise permanently withdrawn from the school.
11 (f) Each school shall maintain student temporary records
12 and the information contained in those records for not less
13 than 5 years after the student has transferred, graduated, or
14 otherwise withdrawn from the school. However, student
15 temporary records shall not be disclosed except as provided
16 in Section 5 or by court order, notwithstanding the
17 provisions of Section 6. No school shall maintain any student
18 temporary record or the information contained therein beyond
19 its period of usefulness to the student and the school, and
20 in no case longer than 5 years after the student has
21 transferred, graduated or otherwise permanently withdrawn
22 from the school. Notwithstanding the foregoing, A school
23 may maintain indefinitely anonymous information from student
24 temporary records for authorized research, statistical
25 reporting or planning purposes, provided that no student or
26 parent can be individually identified from the information
27 maintained.
28 (g) The principal of each school or the person with like
29 responsibilities or his or her designate shall periodically
30 review each student temporary record for verification of
31 entries and elimination or correction of all inaccurate,
32 misleading, unnecessary or irrelevant information. The State
33 Board shall issue regulations to govern the periodic review
34 of the student temporary records and length of time for
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1 maintenance of entries to such records.
2 (h) Before any school student record is destroyed or
3 information deleted therefrom, the parent shall be given
4 reasonable prior notice in accordance with regulations
5 adopted by the State Board and an opportunity to copy the
6 record and information proposed to be destroyed or deleted.
7 (i) No school shall be required to separate permanent
8 and temporary school student records of a student not
9 enrolled in such school on or after the effective date of
10 this Act or to destroy any such records, or comply with the
11 provisions of paragraph (g) of this Section with respect to
12 such records, except (1) in accordance with the request of
13 the parent that any or all of such actions be taken in
14 compliance with the provisions of this Act or (2) in
15 accordance with regulations adopted by the State Board.
16 (Source: P.A. 79-1108.)
17 (105 ILCS 10/5) (from Ch. 122, par. 50-5)
18 Sec. 5. (a) A parent or any person specifically
19 designated as a representative by a parent shall have the
20 right to inspect and copy all school student permanent and
21 temporary records of that parent's child. A student shall
22 have the right to inspect and copy his or her school student
23 permanent record. No person who is prohibited by an order of
24 protection from inspecting or obtaining school records of a
25 student pursuant to the Illinois Domestic Violence Act of
26 1986, as now or hereafter amended, shall have any right of
27 access to, or inspection of, the school records of that
28 student. If a school's principal or person with like
29 responsibilities or his designee has knowledge of such order
30 of protection, the school shall prohibit access or inspection
31 of the student's school records by such person.
32 (b) Whenever access to any person is granted pursuant
33 to paragraph (a) of this Section, at the option of either the
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1 parent or the school a qualified professional, who may be a
2 psychologist, counsellor or other advisor, and who may be an
3 employee of the school or employed by the parent, may be
4 present to interpret the information contained in the student
5 temporary record. If the school requires that a professional
6 be present, the school shall secure and bear any cost of the
7 presence of the professional. If the parent so requests, the
8 school shall secure and bear any cost of the presence of a
9 professional employed by the school.
10 (c) A parent's or student's request to inspect and copy
11 records, or to allow a specifically designated representative
12 to inspect and copy records, must be granted within a
13 reasonable time, and in no case later than 15 school days
14 after the date of receipt of such request by the official
15 records custodian.
16 (d) The school may charge its reasonable costs for the
17 copying of school student records, not to exceed the amounts
18 fixed in schedules adopted by the State Board, to any person
19 permitted to copy such records, except that no parent or
20 student shall be denied a copy of school student records as
21 permitted under this Section 5 for inability to bear the cost
22 of such copying.
23 (e) Nothing contained in this Section 5 shall make
24 available to a parent or student confidential letters and
25 statements of recommendation furnished in connection with
26 applications for employment to a post-secondary educational
27 institution or the receipt of an honor or honorary
28 recognition, provided such letters and statements are not
29 used for purposes other than those for which they were
30 specifically intended, and
31 (1) were placed in a school student record prior to
32 January 1, 1975; or
33 (2) the student has waived access thereto after being
34 advised of his right to obtain upon request the names of all
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1 such persons making such confidential recommendations.
2 (f) Nothing contained in this Act shall be construed to
3 impair or limit the confidentiality of:
4 (1) Communications otherwise protected by law as
5 privileged or confidential, including but not limited to,
6 information communicated in confidence to a physician,
7 psychologist or other psychotherapist; or
8 (2) Information which is communicated by a student or
9 parent in confidence to school personnel; or
10 (3) Information which is communicated by a student,
11 parent, or guardian to a law enforcement professional working
12 in the school, except as provided by court order.
13 (Source: P.A. 86-966.)
14 (105 ILCS 10/6) (from Ch. 122, par. 50-6)
15 Sec. 6. (a) No school student records or information
16 contained therein may be released, transferred, disclosed or
17 otherwise disseminated, except as follows:
18 (1) To a parent or student or person specifically
19 designated as a representative by a parent, as provided in
20 paragraph (a) of Section 5;
21 (2) To an employee or official of the school or school
22 district or State Board with current demonstrable educational
23 or administrative interest in the student, in furtherance of
24 such interest;
25 (3) To the official records custodian of another school
26 within Illinois or an official with similar responsibilities
27 of a school outside Illinois, in which the student has
28 enrolled, or intends to enroll, upon the request of such
29 official or student;
30 (4) To any person for the purpose of research,
31 statistical reporting or planning, provided that no student
32 or parent can be identified from the information released and
33 the person to whom the information is released signs an
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1 affidavit agreeing to comply with all applicable statutes and
2 rules pertaining to school student records;
3 (5) Pursuant to a court order, provided that the parent
4 shall be given prompt written notice upon receipt of such
5 order of the terms of the order, the nature and substance of
6 the information proposed to be released in compliance with
7 such order and an opportunity to inspect and copy the school
8 student records and to challenge their contents pursuant to
9 Section 7;
10 (6) To any person as specifically required by State or
11 federal law;
12 (6.5) To juvenile authorities when necessary for the
13 discharge of their official duties who request information
14 prior to adjudication of the student and who certify in
15 writing that the information will not be disclosed to any
16 other party except as provided under law or order of court.
17 For purposes of this Section "juvenile authorities" means:
18 (i) a judge of the circuit court and members of the staff of
19 the court designated by the judge; (ii) parties to the
20 proceedings under the Juvenile Court Act of 1987 and their
21 attorneys; (iii) probation officers and court appointed
22 advocates for the juvenile authorized by the judge hearing
23 the case; (iv) any individual, public or private agency
24 having custody of the child pursuant to court order; (v) any
25 individual, public or private agency providing education,
26 medical or mental health service to the child when the
27 requested information is needed to determine the appropriate
28 service or treatment for the minor; (vi) any potential
29 placement provider when such release is authorized by the
30 court for the limited purpose of determining the
31 appropriateness of the potential placement; (vii) law
32 enforcement officers and prosecutors; (viii) adult and
33 juvenile prisoner review boards; (ix) authorized military
34 personnel; (x) individuals authorized by court;
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1 (7) Subject to regulations of the State Board, in
2 connection with an emergency, to appropriate persons if the
3 knowledge of such information is necessary to protect the
4 health or safety of the student or other persons; or
5 (8) To any person, with the prior specific dated written
6 consent of the parent designating the person to whom the
7 records may be released, provided that at the time any such
8 consent is requested or obtained, the parent shall be advised
9 in writing that he has the right to inspect and copy such
10 records in accordance with Section 5, to challenge their
11 contents in accordance with Section 7 and to limit any such
12 consent to designated records or designated portions of the
13 information contained therein.
14 (b) No information may be released pursuant to
15 subparagraphs (3) or (6) of paragraph (a) of this Section 6
16 unless the parent receives prior written notice of the nature
17 and substance of the information proposed to be released, and
18 an opportunity to inspect and copy such records in accordance
19 with Section 5 and to challenge their contents in accordance
20 with Section 7. Provided, however, that such notice shall be
21 sufficient if published in a local newspaper of general
22 circulation or other publication directed generally to the
23 parents involved where the proposed release of information is
24 pursuant to subparagraph 6 of paragraph (a) in this Section 6
25 and relates to more than 25 students.
26 (c) A record of any release of information pursuant to
27 this Section must be made and kept as a part of the school
28 student record and subject to the access granted by Section
29 5. Such record of release shall be maintained for the life of
30 the school student records and shall be available only to the
31 parent and the official records custodian. Each record of
32 release shall also include:
33 (1) The nature and substance of the information
34 released;
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1 (2) The name and signature of the official records
2 custodian releasing such information;
3 (3) The name of the person requesting such information,
4 the capacity in which such a request has been made, and the
5 purpose of such request;
6 (4) The date of the release; and
7 (5) A copy of any consent to such release.
8 (d) Except for the student and his parents, no person to
9 whom information is released pursuant to this Section and no
10 person specifically designated as a representative by a
11 parent may permit any other person to have access to such
12 information without a prior consent of the parent obtained in
13 accordance with the requirements of subparagraph (8) of
14 paragraph (a) of this Section.
15 (e) Nothing contained in this Act shall prohibit the
16 publication of student directories which list student names,
17 addresses and other identifying information and similar
18 publications which comply with regulations issued by the
19 State Board.
20 (Source: P.A. 86-1028.)
21 Section 1001-25. The Illinois Public Aid Code is amended
22 by changing Section 11-9 as follows:
23 (305 ILCS 5/11-9) (from Ch. 23, par. 11-9)
24 Sec. 11-9. Protection of records - Exceptions. For the
25 protection of applicants and recipients, the Illinois
26 Department, the county departments and local governmental
27 units and their respective officers and employees are
28 prohibited, except as hereinafter provided, from disclosing
29 the contents of any records, files, papers and
30 communications, except for purposes directly connected with
31 the administration of public aid under this Code.
32 In any judicial proceeding, except a proceeding directly
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1 concerned with the administration of programs provided for in
2 this Code, such records, files, papers and communications,
3 and their contents shall be deemed privileged communications
4 and shall be disclosed only upon the order of the court,
5 where the court finds such to be necessary in the interest of
6 justice.
7 The Illinois Department shall establish and enforce
8 reasonable rules and regulations governing the custody, use
9 and preservation of the records, papers, files, and
10 communications of the Illinois Department, the county
11 departments and local governmental units receiving State or
12 Federal funds or aid. The governing body of other local
13 governmental units shall in like manner establish and enforce
14 rules and regulations governing the same matters.
15 The contents of case files pertaining to recipients under
16 Articles IV, V, VI, and VII shall be made available without
17 subpoena or formal notice to the officers of any court, to
18 all law enforcing agencies, and to such other persons or
19 agencies as from time to time may be authorized by any court.
20 In particular, the contents of those case files shall be made
21 available upon request to a law enforcement agency for the
22 purpose of determining the current address of a recipient
23 with respect to whom an arrest warrant is outstanding.
24 Information shall also be disclosed to the Illinois State
25 Scholarship Commission pursuant to an investigation or audit
26 by the Illinois State Scholarship Commission of a delinquent
27 student loan or monetary award.
28 This Section does not prevent the Illinois Department and
29 local governmental units from reporting to appropriate law
30 enforcement officials the desertion or abandonment by a
31 parent of a child, as a result of which financial aid has
32 been necessitated under Articles IV, V, VI, or VII, or
33 reporting to appropriate law enforcement officials instances
34 in which a mother under age 18 has a child out of wedlock and
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1 is an applicant for or recipient of aid under any Article of
2 this Code. The Illinois Department may provide by rule for
3 the county departments and local governmental units to
4 initiate proceedings under the Juvenile Court Act of 1987 to
5 have children declared to be neglected when they deem such
6 action necessary to protect the children from immoral
7 influences present in their home or surroundings.
8 This Section does not preclude the full exercise of the
9 powers of the Board of Public Aid Commissioners to inspect
10 records and documents, as provided for all advisory boards
11 pursuant to Section 8 of "The Civil Administrative Code of
12 Illinois", approved March 7, 1917, as amended.
13 This Section does not preclude exchanges of information
14 among the Illinois Department of Public Aid, the Department
15 of Human Services (as successor to the Department of Public
16 Aid), and the Illinois Department of Revenue for the purpose
17 of verifying sources and amounts of income and for other
18 purposes directly connected with the administration of this
19 Code and of the Illinois Income Tax Act.
20 The provisions of this Section and of Section 11-11 as
21 they apply to applicants and recipients of public aid under
22 Articles III, IV and V shall be operative only to the extent
23 that they do not conflict with any Federal law or regulation
24 governing Federal grants to this State for such programs.
25 The Illinois Department of Public Aid and the Department
26 of Human Services (as successor to the Illinois Department of
27 Public Aid) shall enter into an inter-agency agreement with
28 the Department of Children and Family Services to establish a
29 procedure by which employees of the Department of Children
30 and Family Services may have immediate access to records,
31 files, papers, and communications (except medical, alcohol or
32 drug assessment or treatment, mental health, or any other
33 medical records) of the Illinois Department, county
34 departments, and local governmental units receiving State or
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1 federal funds or aid, if the Department of Children and
2 Family Services determines the information is necessary to
3 perform its duties under the Abused and Neglected Child
4 Reporting Act, the Child Care Act of 1969, and the Children
5 and Family Services Act.
6 (Source: P.A. 89-507, eff. 7-1-97; 89-583, eff. 1-1-97;
7 90-14, eff. 7-1-97.)
8 ARTICLE 2001. JUVENILE JUSTICE REFORM
9 Section 2001-5. The Children and Family Services Act is
10 amended by changing Sections 5 and 5.15 as follows:
11 (20 ILCS 505/5) (from Ch. 23, par. 5005)
12 Sec. 5. Direct child welfare services; Department of
13 Children and Family Services. To provide direct child welfare
14 services when not available through other public or private
15 child care or program facilities.
16 (a) For purposes of this Section:
17 (1) "Children" means persons found within the State
18 who are under the age of 18 years. The term also
19 includes persons under age 19 who:
20 (A) were committed to the Department pursuant
21 to the Juvenile Court Act or the Juvenile Court Act
22 of 1987, as amended, prior to the age of 18 and who
23 continue under the jurisdiction of the court; or
24 (B) were accepted for care, service and
25 training by the Department prior to the age of 18
26 and whose best interest in the discretion of the
27 Department would be served by continuing that care,
28 service and training because of severe emotional
29 disturbances, physical disability, social adjustment
30 or any combination thereof, or because of the need
31 to complete an educational or vocational training
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1 program.
2 (2) "Homeless youth" means persons found within the
3 State who are under the age of 19, are not in a safe and
4 stable living situation and cannot be reunited with their
5 families.
6 (3) "Child welfare services" means public social
7 services which are directed toward the accomplishment of
8 the following purposes:
9 (A) protecting and promoting the health,
10 safety and welfare of children, including homeless,
11 dependent or neglected children;
12 (B) remedying, or assisting in the solution of
13 problems which may result in, the neglect, abuse,
14 exploitation or delinquency of children;
15 (C) preventing the unnecessary separation of
16 children from their families by identifying family
17 problems, assisting families in resolving their
18 problems, and preventing the breakup of the family
19 where the prevention of child removal is desirable
20 and possible when the child can be cared for at home
21 without endangering the child's health and safety;
22 (D) restoring to their families children who
23 have been removed, by the provision of services to
24 the child and the families when the child can be
25 cared for at home without endangering the child's
26 health and safety;
27 (E) placing children in suitable adoptive
28 homes, in cases where restoration to the biological
29 family is not safe, possible or appropriate;
30 (F) assuring safe and adequate care of
31 children away from their homes, in cases where the
32 child cannot be returned home or cannot be placed
33 for adoption. At the time of placement, the
34 Department shall consider concurrent planning, as
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1 described in subsection (l-1) of this Section so
2 that permanency may occur at the earliest
3 opportunity. Consideration should be given so that
4 if reunification fails or is delayed, the placement
5 made is the best available placement to provide
6 permanency for the child;
7 (G) (blank);
8 (H) (blank); and
9 (I) placing and maintaining children in
10 facilities that provide separate living quarters for
11 children under the age of 18 and for children 18
12 years of age and older, unless a child 18 years of
13 age is in the last year of high school education or
14 vocational training, in an approved individual or
15 group treatment program, or in a licensed shelter
16 facility. The Department is not required to place or
17 maintain children:
18 (i) who are in a foster home, or
19 (ii) who are persons with a developmental
20 disability, as defined in the Mental Health and
21 Developmental Disabilities Code, or
22 (iii) who are female children who are
23 pregnant, pregnant and parenting or parenting,
24 or
25 (iv) who are siblings,
26 in facilities that provide separate living quarters
27 for children 18 years of age and older and for
28 children under 18 years of age.
29 (b) Nothing in this Section shall be construed to
30 authorize the expenditure of public funds for the purpose of
31 performing abortions.
32 (c) The Department shall establish and maintain
33 tax-supported child welfare services and extend and seek to
34 improve voluntary services throughout the State, to the end
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1 that services and care shall be available on an equal basis
2 throughout the State to children requiring such services.
3 (d) The Director may authorize advance disbursements for
4 any new program initiative to any agency contracting with the
5 Department. As a prerequisite for an advance disbursement,
6 the contractor must post a surety bond in the amount of the
7 advance disbursement and have a purchase of service contract
8 approved by the Department. The Department may pay up to 2
9 months operational expenses in advance. The amount of the
10 advance disbursement shall be prorated over the life of the
11 contract or the remaining months of the fiscal year,
12 whichever is less, and the installment amount shall then be
13 deducted from future bills. Advance disbursement
14 authorizations for new initiatives shall not be made to any
15 agency after that agency has operated during 2 consecutive
16 fiscal years. The requirements of this Section concerning
17 advance disbursements shall not apply with respect to the
18 following: payments to local public agencies for child day
19 care services as authorized by Section 5a of this Act; and
20 youth service programs receiving grant funds under Section
21 17a-4.
22 (e) (Blank).
23 (f) (Blank).
24 (g) The Department shall establish rules and regulations
25 concerning its operation of programs designed to meet the
26 goals of child safety and protection, family preservation,
27 family reunification, and adoption, including but not limited
28 to:
29 (1) adoption;
30 (2) foster care;
31 (3) family counseling;
32 (4) protective services;
33 (5) (blank);
34 (6) homemaker service;
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1 (7) return of runaway children;
2 (8) (blank);
3 (9) placement under Section 5-7 of the Juvenile
4 Court Act or Section 2-27, 3-28, 4-25 or 5-740 5-29 of
5 the Juvenile Court Act of 1987 in accordance with the
6 federal Adoption Assistance and Child Welfare Act of
7 1980; and
8 (10) interstate services.
9 Rules and regulations established by the Department shall
10 include provisions for training Department staff and the
11 staff of Department grantees, through contracts with other
12 agencies or resources, in alcohol and drug abuse screening
13 techniques approved by the Department of Human Services, as a
14 successor to the Department of Alcoholism and Substance
15 Abuse, for the purpose of identifying to identify children
16 and adults who should be referred to an alcohol and drug
17 abuse treatment program for professional evaluation.
18 (h) If the Department finds that there is no appropriate
19 program or facility within or available to the Department for
20 a ward and that no licensed private facility has an adequate
21 and appropriate program or none agrees to accept the ward,
22 the Department shall create an appropriate individualized,
23 program-oriented plan for such ward. The plan may be
24 developed within the Department or through purchase of
25 services by the Department to the extent that it is within
26 its statutory authority to do.
27 (i) Service programs shall be available throughout the
28 State and shall include but not be limited to the following
29 services:
30 (1) case management;
31 (2) homemakers;
32 (3) counseling;
33 (4) parent education;
34 (5) day care; and
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1 (6) emergency assistance and advocacy.
2 In addition, the following services may be made available
3 to assess and meet the needs of children and families:
4 (1) comprehensive family-based services;
5 (2) assessments;
6 (3) respite care; and
7 (4) in-home health services.
8 The Department shall provide transportation for any of
9 the services it makes available to children or families or
10 for which it refers children or families.
11 (j) The Department may provide categories of financial
12 assistance and education assistance grants, and shall
13 establish rules and regulations concerning the assistance and
14 grants, to persons who adopt physically or mentally
15 handicapped, older and other hard-to-place children who
16 immediately prior to their adoption were legal wards of the
17 Department. The Department may also provide categories of
18 financial assistance and education assistance grants, and
19 shall establish rules and regulations for the assistance and
20 grants, to persons appointed guardian of the person under
21 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
22 4-25 or 5-740 5-29 of the Juvenile Court Act of 1987 for
23 children who were wards of the Department for 12 months
24 immediately prior to the appointment of the successor
25 guardian and for whom the Department has set a goal of
26 permanent family placement with a foster family.
27 The amount of assistance may vary, depending upon the
28 needs of the child and the adoptive parents, as set forth in
29 the annual assistance agreement. Special purpose grants are
30 allowed where the child requires special service but such
31 costs may not exceed the amounts which similar services would
32 cost the Department if it were to provide or secure them as
33 guardian of the child.
34 Any financial assistance provided under this subsection
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1 is inalienable by assignment, sale, execution, attachment,
2 garnishment, or any other remedy for recovery or collection
3 of a judgment or debt.
4 (k) The Department shall accept for care and training
5 any child who has been adjudicated neglected or abused, or
6 dependent committed to it pursuant to the Juvenile Court Act
7 or the Juvenile Court Act of 1987.
8 (l) Before July 1, 2000, the Department may provide, and
9 beginning July 1, 2000, the Department shall provide, family
10 preservation services, as determined to be appropriate and in
11 the child's best interests and when the child will be safe
12 and not be in imminent risk of harm, to any family whose
13 child has been placed in substitute care, any persons who
14 have adopted a child and require post-adoption services, or
15 any persons whose child or children are at risk of being
16 placed outside their home as documented by an "indicated"
17 report of suspected child abuse or neglect determined
18 pursuant to the Abused and Neglected Child Reporting Act.
19 Nothing in this paragraph shall be construed to create a
20 private right of action or claim on the part of any
21 individual or child welfare agency.
22 The Department shall notify the child and his family of
23 the Department's responsibility to offer and provide family
24 preservation services as identified in the service plan. The
25 child and his family shall be eligible for services as soon
26 as the report is determined to be "indicated". The
27 Department may offer services to any child or family with
28 respect to whom a report of suspected child abuse or neglect
29 has been filed, prior to concluding its investigation under
30 Section 7.12 of the Abused and Neglected Child Reporting Act.
31 However, the child's or family's willingness to accept
32 services shall not be considered in the investigation. The
33 Department may also provide services to any child or family
34 who is the subject of any report of suspected child abuse or
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1 neglect or may refer such child or family to services
2 available from other agencies in the community, even if the
3 report is determined to be unfounded, if the conditions in
4 the child's or family's home are reasonably likely to subject
5 the child or family to future reports of suspected child
6 abuse or neglect. Acceptance of such services shall be
7 voluntary.
8 The Department may, at its discretion except for those
9 children also adjudicated neglected or dependent, accept for
10 care and training any child who has been adjudicated
11 addicted, as a truant minor in need of supervision or as a
12 minor requiring authoritative intervention, under the
13 Juvenile Court Act or the Juvenile Court Act of 1987, but no
14 such child shall be committed to the Department by any court
15 without the approval of the Department. A minor charged with
16 a criminal offense under the Criminal Code of 1961 or
17 adjudicated delinquent shall not be placed in the custody of
18 or committed to the Department by any court, except a minor
19 less than 13 years of age committed to the Department under
20 Section 5-710 5-23 of the Juvenile Court Act of 1987.
21 (l-1) The legislature recognizes that the best interests
22 of the child require that the child be placed in the most
23 permanent living arrangement as soon as is practically
24 possible. To achieve this goal, the legislature directs the
25 Department of Children and Family Services to conduct
26 concurrent planning so that permanency may occur at the
27 earliest opportunity. Permanent living arrangements may
28 include prevention of placement of a child outside the home
29 of the family when the child can be cared for at home without
30 endangering the child's health or safety; reunification with
31 the family, when safe and appropriate, if temporary placement
32 is necessary; or movement of the child toward the most
33 permanent living arrangement and permanent legal status.
34 When a child is placed in foster care, the Department
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1 shall ensure and document that reasonable efforts were made
2 to prevent or eliminate the need to remove the child from the
3 child's home. The Department must make reasonable efforts to
4 reunify the family when temporary placement of the child
5 occurs or must request a finding from the court that
6 reasonable efforts are not appropriate or have been
7 unsuccessful. At any time after the dispositional hearing
8 where the Department believes that further reunification
9 services would be ineffective, it may request a finding from
10 the court that reasonable efforts are no longer appropriate.
11 The Department is not required to provide further
12 reunification services after such a finding.
13 A decision to place a child in substitute care shall be
14 made with considerations of the child's health, safety, and
15 best interests. At the time of placement, consideration
16 should also be given so that if reunification fails or is
17 delayed, the placement made is the best available placement
18 to provide permanency for the child.
19 The Department shall adopt rules addressing concurrent
20 planning for reunification and permanency. The Department
21 shall consider the following factors when determining
22 appropriateness of concurrent planning:
23 (1) the likelihood of prompt reunification;
24 (2) the past history of the family;
25 (3) the barriers to reunification being addressed
26 by the family;
27 (4) the level of cooperation of the family;
28 (5) the foster parents' willingness to work with
29 the family to reunite;
30 (6) the willingness and ability of the foster
31 family to provide an adoptive home or long-term
32 placement;
33 (7) the age of the child;
34 (8) placement of siblings.
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1 (m) The Department may assume temporary custody of any
2 child if:
3 (1) it has received a written consent to such
4 temporary custody signed by the parents of the child or
5 by the parent having custody of the child if the parents
6 are not living together or by the guardian or custodian
7 of the child if the child is not in the custody of either
8 parent, or
9 (2) the child is found in the State and neither a
10 parent, guardian nor custodian of the child can be
11 located.
12 If the child is found in his or her residence without a
13 parent, guardian, custodian or responsible caretaker, the
14 Department may, instead of removing the child and assuming
15 temporary custody, place an authorized representative of the
16 Department in that residence until such time as a parent,
17 guardian or custodian enters the home and expresses a
18 willingness and apparent ability to ensure the child's health
19 and safety and resume permanent charge of the child, or until
20 a relative enters the home and is willing and able to ensure
21 the child's health and safety and assume charge of the child
22 until a parent, guardian or custodian enters the home and
23 expresses such willingness and ability to ensure the child's
24 safety and resume permanent charge. After a caretaker has
25 remained in the home for a period not to exceed 12 hours, the
26 Department must follow those procedures outlined in Section
27 2-9, 3-11, 4-8 or 5-501 5-9 of the Juvenile Court Act of
28 1987.
29 The Department shall have the authority, responsibilities
30 and duties that a legal custodian of the child would have
31 pursuant to subsection (9) of Section 1-3 of the Juvenile
32 Court Act of 1987. Whenever a child is taken into temporary
33 custody pursuant to an investigation under the Abused and
34 Neglected Child Reporting Act, or pursuant to a referral and
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1 acceptance under the Juvenile Court Act of 1987 of a minor in
2 limited custody, the Department, during the period of
3 temporary custody and before the child is brought before a
4 judicial officer as required by Section 2-9, 3-11, 4-8 or
5 5-501 5-9 of the Juvenile Court Act of 1987, shall have the
6 authority, responsibilities and duties that a legal custodian
7 of the child would have under subsection (9) of Section 1-3
8 of the Juvenile Court Act of 1987.
9 The Department shall ensure that any child taken into
10 custody is scheduled for an appointment for a medical
11 examination.
12 A parent, guardian or custodian of a child in the
13 temporary custody of the Department who would have custody of
14 the child if he were not in the temporary custody of the
15 Department may deliver to the Department a signed request
16 that the Department surrender the temporary custody of the
17 child. The Department may retain temporary custody of the
18 child for 10 days after the receipt of the request, during
19 which period the Department may cause to be filed a petition
20 pursuant to the Juvenile Court Act of 1987. If a petition is
21 so filed, the Department shall retain temporary custody of
22 the child until the court orders otherwise. If a petition is
23 not filed within the 10 day period, the child shall be
24 surrendered to the custody of the requesting parent, guardian
25 or custodian not later than the expiration of the 10 day
26 period, at which time the authority and duties of the
27 Department with respect to the temporary custody of the child
28 shall terminate.
29 (n) The Department may place children under 18 years of
30 age in licensed child care facilities when in the opinion of
31 the Department, appropriate services aimed at family
32 preservation have been unsuccessful and cannot ensure the
33 child's health and safety or are unavailable and such
34 placement would be for their best interest. Payment for
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1 board, clothing, care, training and supervision of any child
2 placed in a licensed child care facility may be made by the
3 Department, by the parents or guardians of the estates of
4 those children, or by both the Department and the parents or
5 guardians, except that no payments shall be made by the
6 Department for any child placed in a licensed child care
7 facility for board, clothing, care, training and supervision
8 of such a child that exceed the average per capita cost of
9 maintaining and of caring for a child in institutions for
10 dependent or neglected children operated by the Department.
11 However, such restriction on payments does not apply in cases
12 where children require specialized care and treatment for
13 problems of severe emotional disturbance, physical
14 disability, social adjustment, or any combination thereof and
15 suitable facilities for the placement of such children are
16 not available at payment rates within the limitations set
17 forth in this Section. All reimbursements for services
18 delivered shall be absolutely inalienable by assignment,
19 sale, attachment, garnishment or otherwise.
20 (o) The Department shall establish an administrative
21 review and appeal process for children and families who
22 request or receive child welfare services from the
23 Department. Children who are wards of the Department and are
24 placed by private child welfare agencies, and foster families
25 with whom those children are placed, shall be afforded the
26 same procedural and appeal rights as children and families in
27 the case of placement by the Department, including the right
28 to an initial review of a private agency decision by that
29 agency. The Department shall insure that any private child
30 welfare agency, which accepts wards of the Department for
31 placement, affords those rights to children and foster
32 families. The Department shall accept for administrative
33 review and an appeal hearing a complaint made by a child or
34 foster family concerning a decision following an initial
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1 review by a private child welfare agency. An appeal of a
2 decision concerning a change in the placement of a child
3 shall be conducted in an expedited manner.
4 (p) There is hereby created the Department of Children
5 and Family Services Emergency Assistance Fund from which the
6 Department may provide special financial assistance to
7 families which are in economic crisis when such assistance is
8 not available through other public or private sources and the
9 assistance is deemed necessary to prevent dissolution of the
10 family unit or to reunite families which have been separated
11 due to child abuse and neglect. The Department shall
12 establish administrative rules specifying the criteria for
13 determining eligibility for and the amount and nature of
14 assistance to be provided. The Department may also enter
15 into written agreements with private and public social
16 service agencies to provide emergency financial services to
17 families referred by the Department. Special financial
18 assistance payments shall be available to a family no more
19 than once during each fiscal year and the total payments to a
20 family may not exceed $500 during a fiscal year.
21 (q) The Department may receive and use, in their
22 entirety, for the benefit of children any gift, donation or
23 bequest of money or other property which is received on
24 behalf of such children, or any financial benefits to which
25 such children are or may become entitled while under the
26 jurisdiction or care of the Department.
27 The Department shall set up and administer no-cost,
28 interest-bearing savings accounts in appropriate financial
29 institutions ("individual accounts") for children for whom
30 the Department is legally responsible and who have been
31 determined eligible for Veterans' Benefits, Social Security
32 benefits, assistance allotments from the armed forces, court
33 ordered payments, parental voluntary payments, Supplemental
34 Security Income, Railroad Retirement payments, Black Lung
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1 benefits, or other miscellaneous payments. Interest earned
2 by each individual account shall be credited to the account,
3 unless disbursed in accordance with this subsection.
4 In disbursing funds from children's individual accounts,
5 the Department shall:
6 (1) Establish standards in accordance with State
7 and federal laws for disbursing money from children's
8 individual accounts. In all circumstances, the
9 Department's "Guardianship Administrator" or his or her
10 designee must approve disbursements from children's
11 individual accounts. The Department shall be responsible
12 for keeping complete records of all disbursements for
13 each individual account for any purpose.
14 (2) Calculate on a monthly basis the amounts paid
15 from State funds for the child's board and care, medical
16 care not covered under Medicaid, and social services; and
17 utilize funds from the child's individual account, as
18 covered by regulation, to reimburse those costs.
19 Monthly, disbursements from all children's individual
20 accounts, up to 1/12 of $13,000,000, shall be deposited
21 by the Department into the General Revenue Fund and the
22 balance over 1/12 of $13,000,000 into the DCFS Children's
23 Services Fund.
24 (3) Maintain any balance remaining after
25 reimbursing for the child's costs of care, as specified
26 in item (2). The balance shall accumulate in accordance
27 with relevant State and federal laws and shall be
28 disbursed to the child or his or her guardian, or to the
29 issuing agency.
30 (r) The Department shall promulgate regulations
31 encouraging all adoption agencies to voluntarily forward to
32 the Department or its agent names and addresses of all
33 persons who have applied for and have been approved for
34 adoption of a hard-to-place or handicapped child and the
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1 names of such children who have not been placed for adoption.
2 A list of such names and addresses shall be maintained by the
3 Department or its agent, and coded lists which maintain the
4 confidentiality of the person seeking to adopt the child and
5 of the child shall be made available, without charge, to
6 every adoption agency in the State to assist the agencies in
7 placing such children for adoption. The Department may
8 delegate to an agent its duty to maintain and make available
9 such lists. The Department shall ensure that such agent
10 maintains the confidentiality of the person seeking to adopt
11 the child and of the child.
12 (s) The Department of Children and Family Services may
13 establish and implement a program to reimburse Department and
14 private child welfare agency foster parents licensed by the
15 Department of Children and Family Services for damages
16 sustained by the foster parents as a result of the malicious
17 or negligent acts of foster children, as well as providing
18 third party coverage for such foster parents with regard to
19 actions of foster children to other individuals. Such
20 coverage will be secondary to the foster parent liability
21 insurance policy, if applicable. The program shall be funded
22 through appropriations from the General Revenue Fund,
23 specifically designated for such purposes.
24 (t) The Department shall perform home studies and
25 investigations and shall exercise supervision over visitation
26 as ordered by a court pursuant to the Illinois Marriage and
27 Dissolution of Marriage Act or the Adoption Act only if:
28 (1) an order entered by an Illinois court
29 specifically directs the Department to perform such
30 services; and
31 (2) the court has ordered one or both of the
32 parties to the proceeding to reimburse the Department for
33 its reasonable costs for providing such services in
34 accordance with Department rules, or has determined that
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1 neither party is financially able to pay.
2 The Department shall provide written notification to the
3 court of the specific arrangements for supervised visitation
4 and projected monthly costs within 60 days of the court
5 order. The Department shall send to the court information
6 related to the costs incurred except in cases where the court
7 has determined the parties are financially unable to pay. The
8 court may order additional periodic reports as appropriate.
9 (u) Whenever the Department places a child in a licensed
10 foster home, group home, child care institution, or in a
11 relative home, the Department shall provide to the caretaker:
12 (1) available detailed information concerning the
13 child's educational and health history, copies of
14 immunization records (including insurance and medical
15 card information), a history of the child's previous
16 placements, if any, and reasons for placement changes
17 excluding any information that identifies or reveals the
18 location of any previous caretaker;
19 (2) a copy of the child's portion of the client
20 service plan, including any visitation arrangement, and
21 all amendments or revisions to it as related to the
22 child; and
23 (3) information containing details of the child's
24 individualized educational plan when the child is
25 receiving special education services.
26 The caretaker shall be informed of any known social or
27 behavioral information (including, but not limited to,
28 criminal background, fire setting, perpetuation of sexual
29 abuse, destructive behavior, and substance abuse) necessary
30 to care for and safeguard the child.
31 (u-5) Effective July 1, 1995, only foster care
32 placements licensed as foster family homes pursuant to the
33 Child Care Act of 1969 shall be eligible to receive foster
34 care payments from the Department. Relative caregivers who,
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1 as of July 1, 1995, were approved pursuant to approved
2 relative placement rules previously promulgated by the
3 Department at 89 Ill. Adm. Code 335 and had submitted an
4 application for licensure as a foster family home may
5 continue to receive foster care payments only until the
6 Department determines that they may be licensed as a foster
7 family home or that their application for licensure is denied
8 or until September 30, 1995, whichever occurs first.
9 (v) The Department shall access criminal history record
10 information as defined in the Illinois Uniform Conviction
11 Information Act and information maintained in the
12 adjudicatory and dispositional record system as defined in
13 subdivision (A)19 of Section 55a of the Civil Administrative
14 Code of Illinois if the Department determines the information
15 is necessary to perform its duties under the Abused and
16 Neglected Child Reporting Act, the Child Care Act of 1969,
17 and the Children and Family Services Act. The Department
18 shall provide for interactive computerized communication and
19 processing equipment that permits direct on-line
20 communication with the Department of State Police's central
21 criminal history data repository. The Department shall
22 comply with all certification requirements and provide
23 certified operators who have been trained by personnel from
24 the Department of State Police. In addition, one Office of
25 the Inspector General investigator shall have training in the
26 use of the criminal history information access system and
27 have access to the terminal. The Department of Children and
28 Family Services and its employees shall abide by rules and
29 regulations established by the Department of State Police
30 relating to the access and dissemination of this information.
31 (w) Within 120 days of August 20, 1995 (the effective
32 date of Public Act 89-392), the Department shall prepare and
33 submit to the Governor and the General Assembly, a written
34 plan for the development of in-state licensed secure child
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1 care facilities that care for children who are in need of
2 secure living arrangements for their health, safety, and
3 well-being. For purposes of this subsection, secure care
4 facility shall mean a facility that is designed and operated
5 to ensure that all entrances and exits from the facility, a
6 building or a distinct part of the building, are under the
7 exclusive control of the staff of the facility, whether or
8 not the child has the freedom of movement within the
9 perimeter of the facility, building, or distinct part of the
10 building. The plan shall include descriptions of the types
11 of facilities that are needed in Illinois; the cost of
12 developing these secure care facilities; the estimated number
13 of placements; the potential cost savings resulting from the
14 movement of children currently out-of-state who are projected
15 to be returned to Illinois; the necessary geographic
16 distribution of these facilities in Illinois; and a proposed
17 timetable for development of such facilities.
18 (Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95;
19 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
20 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98;
21 revised 10-20-97.)
22 (20 ILCS 505/5.15)
23 Sec. 5.15. Daycare; Department of Human Services.
24 (a) For the purpose of ensuring effective statewide
25 planning, development, and utilization of resources for the
26 day care of children, operated under various auspices, the
27 Department of Human Services is designated to coordinate all
28 day care activities for children of the State and shall
29 develop or continue, and shall update every year, a State
30 comprehensive day-care plan for submission to the Governor
31 that identifies high-priority areas and groups, relating them
32 to available resources and identifying the most effective
33 approaches to the use of existing day care services. The
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1 State comprehensive day-care plan shall be made available to
2 the General Assembly following the Governor's approval of
3 the plan.
4 The plan shall include methods and procedures for the
5 development of additional day care resources for children to
6 meet the goal of reducing short-run and long-run dependency
7 and to provide necessary enrichment and stimulation to the
8 education of young children. Recommendations shall be made
9 for State policy on optimum use of private and public, local,
10 State and federal resources, including an estimate of the
11 resources needed for the licensing and regulation of day care
12 facilities.
13 A written report shall be submitted to the Governor and
14 the General Assembly annually on April 15. The report shall
15 include an evaluation of developments over the preceding
16 fiscal year, including cost-benefit analyses of various
17 arrangements. Beginning with the report in 1990 submitted by
18 the Department's predecessor agency and every 2 years
19 thereafter, the report shall also include the following:
20 (1) An assessment of the child care services, needs
21 and available resources throughout the State and an
22 assessment of the adequacy of existing child care
23 services, including, but not limited to, services
24 assisted under this Act and under any other program
25 administered by other State agencies.
26 (2) A survey of day care facilities to determine
27 the number of qualified caregivers, as defined by rule,
28 attracted to vacant positions and any problems
29 encountered by facilities in attracting and retaining
30 capable caregivers.
31 (3) The average wages and salaries and fringe
32 benefit packages paid to caregivers throughout the State,
33 computed on a regional basis.
34 (4) The qualifications of new caregivers hired at
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1 licensed day care facilities during the previous 2-year
2 period.
3 (5) Recommendations for increasing caregiver wages
4 and salaries to ensure quality care for children.
5 (6) Evaluation of the fee structure and income
6 eligibility for child care subsidized by the State.
7 The requirement for reporting to the General Assembly
8 shall be satisfied by filing copies of the report with the
9 Speaker, the Minority Leader, and the Clerk of the House of
10 Representatives, the President, the Minority Leader, and the
11 Secretary of the Senate, and the Legislative Research Unit,
12 as required by Section 3.1 of the General Assembly
13 Organization Act, and filing such additional copies with the
14 State Government Report Distribution Center for the General
15 Assembly as is required under paragraph (t) of Section 7 of
16 the State Library Act.
17 (b) The Department of Human Services shall establish
18 policies and procedures for developing and implementing
19 interagency agreements with other agencies of the State
20 providing child care services or reimbursement for such
21 services. The plans shall be annually reviewed and modified
22 for the purpose of addressing issues of applicability and
23 service system barriers.
24 (c) In cooperation with other State agencies, the
25 Department of Human Services shall develop and implement, or
26 shall continue, a resource and referral system for the State
27 of Illinois either within the Department or by contract with
28 local or regional agencies. Funding for implementation of
29 this system may be provided through Department appropriations
30 or other inter-agency funding arrangements. The resource and
31 referral system shall provide at least the following
32 services:
33 (1) Assembling and maintaining a data base on the
34 supply of child care services.
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1 (2) Providing information and referrals for
2 parents.
3 (3) Coordinating the development of new child care
4 resources.
5 (4) Providing technical assistance and training to
6 child care service providers.
7 (5) Recording and analyzing the demand for child
8 care services.
9 (d) The Department of Human Services shall conduct day
10 care planning activities with the following priorities:
11 (1) Development of voluntary day care resources
12 wherever possible, with the provision for grants-in-aid
13 only where demonstrated to be useful and necessary as
14 incentives or supports.
15 (2) Emphasis on service to children of recipients
16 of public assistance when such service will allow
17 training or employment of the parent toward achieving the
18 goal of independence.
19 (3) Maximum employment of recipients of public
20 assistance in day care centers and day care homes,
21 operated in conjunction with short-term work training
22 programs.
23 (4) Care of children from families in stress and
24 crises whose members potentially may become, or are in
25 danger of becoming, non-productive and dependent.
26 (5) Expansion of family day care facilities
27 wherever possible.
28 (6) Location of centers in economically depressed
29 neighborhoods, preferably in multi-service centers with
30 cooperation of other agencies.
31 (7) Use of existing facilities free of charge or
32 for reasonable rental whenever possible in lieu of
33 construction.
34 (8) Development of strategies for assuring a more
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1 complete range of day care options, including provision
2 of day care services in homes, in schools, or in centers,
3 which will enable a parent or parents to complete a
4 course of education or obtain or maintain employment.
5 Emphasis shall be given to support services that will
6 help to ensure such parents' graduation from high school and
7 to services for participants in the Project Chance program of
8 job training conducted by the Department.
9 (e) The Department of Human Services shall actively
10 stimulate the development of public and private resources at
11 the local level. It shall also seek the fullest utilization
12 of federal funds directly or indirectly available to the
13 Department.
14 Where appropriate, existing non-governmental agencies or
15 associations shall be involved in planning by the Department.
16 (f) To better accommodate the child care needs of low
17 income working families, especially those who receive
18 Temporary Assistance for Needy Families (TANF) or who are
19 transitioning from TANF to work, or who are at risk of
20 depending on TANF in the absence of child care, the
21 Department shall complete a study using outcome-based
22 assessment measurements to analyze the various types of child
23 care needs, including but not limited to: child care homes;
24 child care facilities; before and after school care; and
25 evening and weekend care. Based upon the findings of the
26 study, the Department shall develop a plan by April 15, 1998,
27 that identifies the various types of child care needs within
28 various geographic locations. The plan shall include, but
29 not be limited to, the special needs of parents and guardians
30 in need of non-traditional child care services such as early
31 mornings, evenings, and weekends; the needs of very low
32 income families and children and how they might be better
33 served; and strategies to assist child care providers to meet
34 the needs and schedules of low income families.
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1 (Source: P.A. 89-507, eff. 7-1-97; 90-236, eff. 7-28-97.)
2 Section 2001-6. The Illinois Public Aid Code is amended
3 by changing Section 4-8 as follows:
4 (305 ILCS 5/4-8) (from Ch. 23, par. 4-8)
5 Sec. 4-8. Mismanagement of assistance grant.
6 (a) If the County Department has reason to believe that
7 the money payment for basic maintenance is not being used, or
8 may not be used, in the best interests of the child and the
9 family and that there is present or potential damage to the
10 standards of health and well-being that the grant is intended
11 to assure, the County Department shall provide the parent or
12 other relative with the counseling and guidance services with
13 respect to the use of the grant and the management of other
14 funds available to the family as may be required to assure
15 use of the grant in the best interests of the child and
16 family. The Illinois Department shall by rule prescribe
17 criteria which shall constitute evidence of grant
18 mismanagement. The criteria shall include but not be limited
19 to the following:
20 (1) A determination that a child in the assistance
21 unit is not receiving proper and necessary support or
22 other care for which assistance is being provided under
23 this Code.
24 (2) A record establishing that the parent or
25 relative has been found guilty of public assistance fraud
26 under Article VIIIA.
27 (3) A determination by an appropriate person,
28 entity, or agency that the parent or other relative
29 requires treatment for alcohol or substance abuse, mental
30 health services, or other special care or treatment.
31 The Department shall at least consider non-payment of
32 rent for two consecutive months as evidence of grant
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1 mismanagement by a parent or relative of a recipient who is
2 responsible for making rental payments for the housing or
3 shelter of the child or family, unless the Department
4 determines that the non-payment is necessary for the
5 protection of the health and well-being of the recipient. The
6 County Department shall advise the parent or other relative
7 grantee that continued mismanagement will result in the
8 application of one of the sanctions specified in this
9 Section.
10 The Illinois Department shall consider irregular school
11 attendance by children of school age grades 1 through 8, as
12 evidence of lack of proper and necessary support or care.
13 The Department may extend this consideration to children in
14 grades higher than 8.
15 The Illinois Department shall develop preventive programs
16 in collaboration with school and social service networks to
17 encourage school attendance of children receiving assistance
18 under Article IV. To the extent that Illinois Department and
19 community resources are available, the programs shall serve
20 families whose children in grades 1 through 8 are not
21 attending school regularly, as defined by the school. The
22 Department may extend these programs to families whose
23 children are in grades higher than 8. The programs shall
24 include referrals from the school to a social service
25 network, assessment and development of a service plan by one
26 or more network representatives, and the Illinois
27 Department's encouragement of the family to follow through
28 with the service plan. Families that fail to follow the
29 service plan as determined by the service provider, shall be
30 subject to the protective payment provisions of this Section
31 and Section 4-9 of this Code.
32 Families for whom a protective payment plan has been in
33 effect for at least 3 months and whose school children
34 continue to regularly miss school shall be subject to
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1 sanction under Section 4-21. The sanction shall continue
2 until the children demonstrate satisfactory attendance, as
3 defined by the school. To the extent necessary to implement
4 this Section, the Illinois Department shall seek appropriate
5 waivers of federal requirements from the U.S. Department of
6 Health and Human Services.
7 The Illinois Department may implement the amendatory
8 changes to this Section made by this amendatory Act of 1995
9 through the use of emergency rules in accordance with the
10 provisions of Section 5-45 of the Illinois Administrative
11 Procedure Act. For purposes of the Illinois Administrative
12 Procedure Act, the adoption of rules to implement the
13 amendatory changes to this Section made by this amendatory
14 Act of 1995 shall be deemed an emergency and necessary for
15 the public interest, safety, and welfare.
16 (b) In areas of the State where clinically appropriate
17 substance abuse treatment capacity is available, if the local
18 office has reason to believe that a caretaker relative is
19 experiencing substance abuse, the local office shall refer
20 the caretaker relative to a licensed treatment provider for
21 assessment. If the assessment indicates that the caretaker
22 relative is experiencing substance abuse, the local office
23 shall require the caretaker relative to comply with all
24 treatment recommended by the assessment. If the caretaker
25 relative refuses without good cause, as determined by rules
26 of the Illinois Department, to submit to the assessment or
27 treatment, the caretaker relative shall be ineligible for
28 assistance, and the local office shall take one or more of
29 the following actions:
30 (i) If there is another family member or friend who
31 is ensuring that the family's needs are being met, that
32 person, if willing, shall be assigned as protective
33 payee.
34 (ii) If there is no family member or close friend
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1 to serve as protective payee, the local office shall
2 provide for a protective payment to a substitute payee as
3 provided in Section 4-9. The Department also shall
4 determine whether if a referral to the Department of
5 Children and Family Services is warranted and, if
6 appropriate, shall make the referral.
7 (iii) The Department shall contact the individual
8 who is thought to be experiencing substance abuse and
9 explain why the protective payee has been assigned and
10 refer the individual to treatment.
11 (c) This subsection (c) applies to cases other than
12 those described in subsection (b). If the efforts to correct
13 the mismanagement of the grant have failed, the County
14 Department, in accordance with the rules and regulations of
15 the Illinois Department, shall initiate one or more of the
16 following actions:
17 1. Provide for a protective payment to a substitute
18 payee, as provided in Section 4-9. This action may be
19 initiated for any assistance unit containing a child
20 determined to be neglected by the Department of Children
21 and Family Services under the Abused and Neglected Child
22 Reporting Act, and in any case involving a record of
23 public assistance fraud.
24 2. Provide for issuance of all or part of the grant
25 in the form of disbursing orders. This action may be
26 initiated in any case involving a record of public
27 assistance fraud, or upon the request of a substitute
28 payee designated under Section 4-9.
29 3. File a petition under the Juvenile Court Act of
30 1987 for an Order of Protection under Sections 2-25,
31 2-26, 3-26, and 3-27, 4-23, 4-24, 5-730 5-27, or 5-735
32 5-28 of that Act.
33 4. Institute a proceeding under the Juvenile Court
34 Act of 1987 for the appointment of a guardian or legal
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1 representative for the purpose of receiving and managing
2 the public aid grant.
3 5. If the mismanagement of the grant, together with
4 other factors, have rendered the home unsuitable for the
5 best welfare of the child, file a neglect petition under
6 the Juvenile Court Act of 1987, requesting the removal of
7 the child or children.
8 (Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97; 90-249,
9 eff. 1-1-98; revised 8-4-97.)
10 Section 2001-7. The Illinois Vehicle Code is amended by
11 changing Section 6-205 as follows:
12 (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
13 Sec. 6-205. Mandatory revocation of license or permit;
14 Hardship cases.
15 (a) Except as provided in this Section, the Secretary of
16 State shall immediately revoke the license or permit of any
17 driver upon receiving a report of the driver's conviction of
18 any of the following offenses:
19 1. Reckless homicide resulting from the operation
20 of a motor vehicle;
21 2. Violation of Section 11-501 of this Code or a
22 similar provision of a local ordinance relating to the
23 offense of operating or being in physical control of a
24 vehicle while under the influence of alcohol, other drug,
25 or combination of both;
26 3. Any felony under the laws of any State or the
27 federal government in the commission of which a motor
28 vehicle was used;
29 4. Violation of Section 11-401 of this Code
30 relating to the offense of leaving the scene of a traffic
31 accident involving death or personal injury;
32 5. Perjury or the making of a false affidavit or
SB363 Re-enrolled -88- LRB9002769NTsb
1 statement under oath to the Secretary of State under this
2 Code or under any other law relating to the ownership or
3 operation of motor vehicles;
4 6. Conviction upon 3 charges of violation of
5 Section 11-503 of this Code relating to the offense of
6 reckless driving committed within a period of 12 months;
7 7. Conviction of the offense of automobile theft as
8 defined in Section 4-102 of this Code;
9 8. Violation of Section 11-504 of this Code
10 relating to the offense of drag racing;
11 9. Violation of Chapters 8 and 9 of this Code;
12 10. Violation of Section 12-5 of the Criminal Code
13 of 1961 arising from the use of a motor vehicle;
14 11. Violation of Section 11-204.1 of this Code
15 relating to aggravated fleeing or attempting to elude a
16 police officer;
17 12. Violation of paragraph (1) of subsection (b) of
18 Section 6-507, or a similar law of any other state,
19 relating to the unlawful operation of a commercial motor
20 vehicle;
21 13. Violation of paragraph (a) of Section 11-502 of
22 this Code or a similar provision of a local ordinance if
23 the driver has been previously convicted of a violation
24 of that Section or a similar provision of a local
25 ordinance and the driver was less than 21 years of age at
26 the time of the offense.
27 (b) The Secretary of State shall also immediately revoke
28 the license or permit of any driver in the following
29 situations:
30 1. Of any minor upon receiving the notice provided
31 for in Section 5-901 1-8 of the Juvenile Court Act of
32 1987 that the minor has been adjudicated under that Act
33 as having committed an offense relating to motor vehicles
34 prescribed in Section 4-103 of this Code;
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1 2. Of any person when any other law of this State
2 requires either the revocation or suspension of a license
3 or permit.
4 (c) Whenever a person is convicted of any of the
5 offenses enumerated in this Section, the court may recommend
6 and the Secretary of State in his discretion, without regard
7 to whether the recommendation is made by the court, may, upon
8 application, issue to the person a restricted driving permit
9 granting the privilege of driving a motor vehicle between the
10 petitioner's residence and petitioner's place of employment
11 or within the scope of the petitioner's employment related
12 duties, or to allow transportation for the petitioner or a
13 household member of the petitioner's family for the receipt
14 of necessary medical care or, if the professional evaluation
15 indicates, provide transportation for the petitioner for
16 alcohol remedial or rehabilitative activity, or for the
17 petitioner to attend classes, as a student, in an accredited
18 educational institution; if the petitioner is able to
19 demonstrate that no alternative means of transportation is
20 reasonably available and the petitioner will not endanger the
21 public safety or welfare; provided that the Secretary's
22 discretion shall be limited to cases where undue hardship
23 would result from a failure to issue the restricted driving
24 permit. In each case the Secretary of State may issue a
25 restricted driving permit for a period he deems appropriate,
26 except that the permit shall expire within one year from the
27 date of issuance. A restricted driving permit issued under
28 this Section shall be subject to cancellation, revocation,
29 and suspension by the Secretary of State in like manner and
30 for like cause as a driver's license issued under this Code
31 may be cancelled, revoked, or suspended; except that a
32 conviction upon one or more offenses against laws or
33 ordinances regulating the movement of traffic shall be deemed
34 sufficient cause for the revocation, suspension, or
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1 cancellation of a restricted driving permit. The Secretary of
2 State may, as a condition to the issuance of a restricted
3 driving permit, require the applicant to participate in a
4 designated driver remedial or rehabilitative program. The
5 Secretary of State is authorized to cancel a restricted
6 driving permit if the permit holder does not successfully
7 complete the program. However, if an individual's driving
8 privileges have been revoked in accordance with paragraph 13
9 of subsection (a) of this Section, no restricted driving
10 permit shall be issued until the individual has served 6
11 months of the revocation period.
12 (d) Whenever a person under the age of 21 is convicted
13 under Section 11-501 of this Code or a similar provision of a
14 local ordinance, the Secretary of State shall revoke the
15 driving privileges of that person. One year after the date
16 of revocation, and upon application, the Secretary of State
17 may, if satisfied that the person applying will not endanger
18 the public safety or welfare, issue a restricted driving
19 permit granting the privilege of driving a motor vehicle only
20 between the hours of 5 a.m. and 9 p.m. or as otherwise
21 provided by this Section for a period of one year. After
22 this one year period, and upon reapplication for a license as
23 provided in Section 6-106, upon payment of the appropriate
24 reinstatement fee provided under paragraph (b) of Section
25 6-118, the Secretary of State, in his discretion, may issue
26 the applicant a license, or extend the restricted driving
27 permit as many times as the Secretary of State deems
28 appropriate, by additional periods of not more than 12 months
29 each, until the applicant attains 21 years of age. A
30 restricted driving permit issued under this Section shall be
31 subject to cancellation, revocation, and suspension by the
32 Secretary of State in like manner and for like cause as a
33 driver's license issued under this Code may be cancelled,
34 revoked, or suspended; except that a conviction upon one or
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1 more offenses against laws or ordinances regulating the
2 movement of traffic shall be deemed sufficient cause for the
3 revocation, suspension, or cancellation of a restricted
4 driving permit. Any person under 21 years of age who has a
5 driver's license revoked for a second or subsequent
6 conviction for driving under the influence, prior to the age
7 of 21, shall not be eligible to submit an application for a
8 full reinstatement of driving privileges or a restricted
9 driving permit until age 21 or one additional year from the
10 date of the latest such revocation, whichever is the longer.
11 The revocation periods contained in this subparagraph shall
12 apply to similar out-of-state convictions.
13 (e) This Section is subject to the provisions of the
14 Driver License Compact.
15 (f) Any revocation imposed upon any person under
16 subsections 2 and 3 of paragraph (b) that is in effect on
17 December 31, 1988 shall be converted to a suspension for a
18 like period of time.
19 (g) The Secretary of State shall not issue a restricted
20 driving permit to a person under the age of 16 years whose
21 driving privileges have been revoked under any provisions of
22 this Code.
23 (Source: P.A. 89-156, eff. 1-1-96; 89-245, eff. 1-1-96;
24 89-626, eff. 8-9-96; 90-369, eff. 1-1-98.)
25 Section 2001-10. The Juvenile Court Act of 1987 is
26 amended by changing Sections 1-3, 1-4.1, 1-5, 1-9, 2-10,
27 2-12, 2-27, 2-28, 3-8, 3-10, 3-12, 3-14, 4-9, 4-11, 6-1, 6-8,
28 6-9, and 6-10, renumbering and changing Sections 5-35 and
29 5-36, adding Section 6-12, and adding Parts 1 through 9 to
30 Article V as follows:
31 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
32 Sec. 1-3. Definitions. Terms used in this Act, unless
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1 the context otherwise requires, have the following meanings
2 ascribed to them:
3 (1) Adjudicatory hearing. "Adjudicatory hearing" means a
4 hearing to determine whether the allegations of a petition
5 under Section 2-13, 3-15 or 4-12 that a minor under 18 years
6 of age is abused, neglected or dependent, or requires
7 authoritative intervention, or addicted, respectively, are
8 supported by a preponderance of the evidence or whether the
9 allegations of a petition under Section 5-520 5-13 that a
10 minor is delinquent are proved beyond a reasonable doubt.
11 (2) Adult. "Adult" means a person 21 years of age or
12 older.
13 (3) Agency. "Agency" means a public or private child
14 care facility legally authorized or licensed by this State
15 for placement or institutional care or for both placement and
16 institutional care.
17 (4) Association. "Association" means any organization,
18 public or private, engaged in welfare functions which include
19 services to or on behalf of children but does not include
20 "agency" as herein defined.
21 (4.1) Chronic truant. "Chronic truant" shall have the
22 definition ascribed to it in Section 26-2a of The School
23 Code.
24 (5) Court. "Court" means the circuit court in a session
25 or division assigned to hear proceedings under this Act.
26 (6) Dispositional hearing. "Dispositional hearing" means
27 a hearing to determine whether a minor should be adjudged to
28 be a ward of the court, and to determine what order of
29 disposition should be made in respect to a minor adjudged to
30 be a ward of the court.
31 (7) Emancipated minor. "Emancipated minor" means any
32 minor 16 years of age or over who has been completely or
33 partially emancipated under the "Emancipation of Mature
34 Minors Act", enacted by the Eighty-First General Assembly, or
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1 under this Act.
2 (8) Guardianship of the person. "Guardianship of the
3 person" of a minor means the duty and authority to act in the
4 best interests of the minor, subject to residual parental
5 rights and responsibilities, to make important decisions in
6 matters having a permanent effect on the life and development
7 of the minor and to be concerned with his or her general
8 welfare. It includes but is not necessarily limited to:
9 (a) the authority to consent to marriage, to
10 enlistment in the armed forces of the United States, or
11 to a major medical, psychiatric, and surgical treatment;
12 to represent the minor in legal actions; and to make
13 other decisions of substantial legal significance
14 concerning the minor;
15 (b) the authority and duty of reasonable
16 visitation, except to the extent that these have been
17 limited in the best interests of the minor by court
18 order;
19 (c) the rights and responsibilities of legal
20 custody except where legal custody has been vested in
21 another person or agency; and
22 (d) the power to consent to the adoption of the
23 minor, but only if expressly conferred on the guardian in
24 accordance with Section 2-29, 3-30, or 4-27 or 5-31.
25 (9) Legal custody. "Legal custody" means the
26 relationship created by an order of court in the best
27 interests of the minor which imposes on the custodian the
28 responsibility of physical possession of a minor and the duty
29 to protect, train and discipline him and to provide him with
30 food, shelter, education and ordinary medical care, except as
31 these are limited by residual parental rights and
32 responsibilities and the rights and responsibilities of the
33 guardian of the person, if any.
34 (10) Minor. "Minor" means a person under the age of 21
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1 years subject to this Act.
2 (11) Parents. "Parent" means the father or mother of a
3 child and includes any adoptive parent. It also includes the
4 father whose paternity is presumed or has been established
5 under the law of this or another jurisdiction. It does not
6 include a parent whose rights in respect to the minor have
7 been terminated in any manner provided by law.
8 (11.1) "Permanency goal" means a goal set by a service
9 plan or an administrative case review, including, but not
10 limited to, (i) remaining home, (ii) returning home to a
11 specified parent or guardian, (iii) adoption, (iv) successor
12 guardianship, (v) long-term relative foster care, (vi) other
13 long-term substitute care, when no other goal is appropriate,
14 or (vii) emancipation.
15 (11.2) "Permanency review hearing" means a hearing to
16 review and determine (i) the appropriateness of the
17 permanency goal in light of the permanency alternatives, (ii)
18 the appropriateness of the plan to achieve the goal, (iii)
19 the appropriateness of the services delivered and to be
20 delivered to effectuate the plan and goal, and (iv) the
21 efforts being made by all the parties to achieve the plan and
22 goal.
23 (12) Petition. "Petition" means the petition provided
24 for in Section 2-13, 3-15, 4-12 or 5-520 5-13, including any
25 supplemental petitions thereunder.
26 (13) Residual parental rights and responsibilities.
27 "Residual parental rights and responsibilities" means those
28 rights and responsibilities remaining with the parent after
29 the transfer of legal custody or guardianship of the person,
30 including, but not necessarily limited to, the right to
31 reasonable visitation (which may be limited by the court in
32 the best interests of the minor as provided in subsection
33 (8)(b) of this Section), the right to consent to adoption,
34 the right to determine the minor's religious affiliation, and
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1 the responsibility for his support.
2 (14) Shelter. "Shelter" means the temporary care of a
3 minor in physically unrestricting facilities pending court
4 disposition or execution of court order for placement.
5 (15) Station adjustment. "Station adjustment" means the
6 informal handling of an alleged offender by a juvenile police
7 officer.
8 (16) Ward of the court. "Ward of the court" means a
9 minor who is so adjudged under Section 2-22, 3-23, 4-20 or
10 5-705 5-22, after a finding of the requisite jurisdictional
11 facts, and thus is subject to the dispositional powers of the
12 court under this Act.
13 (17) Juvenile police officer. "Juvenile police officer"
14 means a sworn police officer who has completed a Basic
15 Recruit Training Course, has been assigned to the position of
16 juvenile police officer by his or her chief law enforcement
17 officer and has completed the necessary juvenile officers
18 training as prescribed by the Illinois Law Enforcement
19 Training Standards Board, or in the case of a State police
20 officer, juvenile officer training approved by the Director
21 of the Department of State Police.
22 (Source: P.A. 88-7, Sec. 5; 88-7, Sec. 15; 88-487; 88-586,
23 eff. 8-12-94; 88-670, eff. 12-2-94.)
24 (705 ILCS 405/1-4.1) (from Ch. 37, par. 801-4.1)
25 Sec. 1-4.1. Except for minors accused of violation of an
26 order of the court, any minor accused of any act under
27 federal or State law, or a municipal ordinance that would not
28 be illegal if committed by an adult, cannot be placed in a
29 jail, municipal lockup, detention center or secure
30 correctional facility. Confinement in a county jail of a
31 minor accused of a violation of an order of the court, or of
32 a minor for whom there is reasonable cause to believe that
33 the minor is a person described in subsection (3) of Section
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1 5-105 5-3, shall be in accordance with the restrictions set
2 forth in Sections 5-410 and 5-501 Sections 5-7 and 5-10 of
3 this Act.
4 (Source: P.A. 89-656, eff. 1-1-97.)
5 (705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
6 Sec. 1-5. Rights of parties to proceedings.
7 (1) Except as provided in this Section and paragraph (2)
8 of Sections 2-22, 3-23, 4-20, 5-610 or 5-705 5-22, the minor
9 who is the subject of the proceeding and his parents,
10 guardian, legal custodian or responsible relative who are
11 parties respondent have the right to be present, to be heard,
12 to present evidence material to the proceedings, to
13 cross-examine witnesses, to examine pertinent court files and
14 records and also, although proceedings under this Act are not
15 intended to be adversary in character, the right to be
16 represented by counsel. At the request of any party
17 financially unable to employ counsel, with the exception of a
18 foster parent permitted to intervene under this Section, the
19 court shall appoint the Public Defender or such other counsel
20 as the case may require. Counsel appointed for the minor and
21 any indigent party shall appear at all stages of the trial
22 court proceeding, and such appointment shall continue through
23 the permanency hearings and termination of parental rights
24 proceedings subject to withdrawal or substitution pursuant to
25 Supreme Court Rules or the Code of Civil Procedure. Following
26 the dispositional hearing, the court may require appointed
27 counsel to withdraw his or her appearance upon failure of the
28 party for whom counsel was appointed under this Section to
29 attend any subsequent proceedings.
30 No hearing on any petition or motion filed under this Act
31 may be commenced unless the minor who is the subject of the
32 proceeding is represented by counsel. Each adult respondent
33 shall be furnished a written "Notice of Rights" at or before
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1 the first hearing at which he or she appears.
2 (1.5) The Department shall maintain a system of response
3 to inquiry made by parents or putative parents as to whether
4 their child is under the custody or guardianship of the
5 Department; and if so, the Department shall direct the
6 parents or putative parents to the appropriate court of
7 jurisdiction, including where inquiry may be made of the
8 clerk of the court regarding the case number and the next
9 scheduled court date of the minor's case. Effective notice
10 and the means of accessing information shall be given to the
11 public on a continuing basis by the Department.
12 (2) (a) Though not appointed guardian or legal custodian
13 or otherwise made a party to the proceeding, any current or
14 previously appointed foster parent or representative of an
15 agency or association interested in the minor has the right
16 to be heard by the court, but does not thereby become a party
17 to the proceeding.
18 In addition to the foregoing right to be heard by the
19 court, any current foster parent of a minor and the agency
20 designated by the court or the Department of Children and
21 Family Services as custodian of the minor who has been
22 adjudicated an abused or neglected minor under Section 2-3 or
23 a dependent minor under Section 2-4 of this Act has the right
24 to and shall be given adequate notice at all stages of any
25 hearing or proceeding under this Act wherein the custody or
26 status of the minor may be changed. Such notice shall
27 contain a statement regarding the nature and denomination of
28 the hearing or proceeding to be held, the change in custody
29 or status of the minor sought to be obtained at such hearing
30 or proceeding, and the date, time and place of such hearing
31 or proceeding. The Department of Children and Family
32 Services or the licensed child welfare agency that has placed
33 the minor with the foster parent shall notify the clerk of
34 the court of the name and address of the current foster
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1 parent. The clerk shall mail the notice by certified mail
2 marked for delivery to addressee only. The regular return
3 receipt for certified mail is sufficient proof of service.
4 Any foster parent who is denied his or her right to be
5 heard under this Section may bring a mandamus action under
6 Article XIV of the Code of Civil Procedure against the court
7 or any public agency to enforce that right. The mandamus
8 action may be brought immediately upon the denial of those
9 rights but in no event later than 30 days after the foster
10 parent has been denied the right to be heard.
11 (b) If after an adjudication that a minor is abused or
12 neglected as provided under Section 2-21 of this Act and a
13 motion has been made to restore the minor to any parent,
14 guardian, or legal custodian found by the court to have
15 caused the neglect or to have inflicted the abuse on the
16 minor, a foster parent may file a motion to intervene in the
17 proceeding for the sole purpose of requesting that the minor
18 be placed with the foster parent, provided that the foster
19 parent (i) is the current foster parent of the minor or (ii)
20 has previously been a foster parent for the minor for one
21 year or more, has a foster care license or is eligible for a
22 license, and is not the subject of any findings of abuse or
23 neglect of any child. The juvenile court may only enter
24 orders placing a minor with a specific foster parent under
25 this subsection (2)(b) and nothing in this Section shall be
26 construed to confer any jurisdiction or authority on the
27 juvenile court to issue any other orders requiring the
28 appointed guardian or custodian of a minor to place the minor
29 in a designated foster home or facility. This Section is not
30 intended to encompass any matters that are within the scope
31 or determinable under the administrative and appeal process
32 established by rules of the Department of Children and Family
33 Services under Section 5(o) of the Children and Family
34 Services Act. Nothing in this Section shall relieve the
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1 court of its responsibility, under Section 2-14(a) of this
2 Act to act in a just and speedy manner to reunify families
3 where it is the best interests of the minor and the child can
4 be cared for at home without endangering the child's health
5 or safety and, if reunification is not in the best interests
6 of the minor, to find another permanent home for the minor.
7 Nothing in this Section, or in any order issued by the court
8 with respect to the placement of a minor with a foster
9 parent, shall impair the ability of the Department of
10 Children and Family Services, or anyone else authorized under
11 Section 5 of the Abused and Neglected Child Reporting Act, to
12 remove a minor from the home of a foster parent if the
13 Department of Children and Family Services or the person
14 removing the minor has reason to believe that the
15 circumstances or conditions of the minor are such that
16 continuing in the residence or care of the foster parent will
17 jeopardize the child's health and safety or present an
18 imminent risk of harm to that minor's life.
19 (c) If a foster parent has had the minor who is the
20 subject of the proceeding under Article II in his or her home
21 for more than one year on or after July 3, 1994 and if the
22 minor's placement is being terminated from that foster
23 parent's home, that foster parent shall have standing and
24 intervenor status except in those circumstances where the
25 Department of Children and Family Services or anyone else
26 authorized under Section 5 of the Abused and Neglected Child
27 Reporting Act has removed the minor from the foster parent
28 because of a reasonable belief that the circumstances or
29 conditions of the minor are such that continuing in the
30 residence or care of the foster parent will jeopardize the
31 child's health or safety or presents an imminent risk of harm
32 to the minor's life.
33 (d) The court may grant standing to any foster parent if
34 the court finds that it is in the best interest of the child
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1 for the foster parent to have standing and intervenor status.
2 (3) Parties respondent are entitled to notice in
3 compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
4 and 4-15 or 5-525 5-15 and 5-530 5-16, as appropriate. At the
5 first appearance before the court by the minor, his parents,
6 guardian, custodian or responsible relative, the court shall
7 explain the nature of the proceedings and inform the parties
8 of their rights under the first 2 paragraphs of this Section.
9 If the child is alleged to be abused, neglected or
10 dependent, the court shall admonish the parents that if the
11 court declares the child to be a ward of the court and awards
12 custody or guardianship to the Department of Children and
13 Family Services, the parents must cooperate with the
14 Department of Children and Family Services, comply with the
15 terms of the service plans, and correct the conditions that
16 require the child to be in care, or risk termination of their
17 parental rights.
18 Upon an adjudication of wardship of the court under
19 Sections 2-22, 3-23, 4-20 or 5-705 5-22, the court shall
20 inform the parties of their right to appeal therefrom as well
21 as from any other final judgment of the court.
22 When the court finds that a child is an abused,
23 neglected, or dependent minor under Section 2-21, the court
24 shall admonish the parents that the parents must cooperate
25 with the Department of Children and Family Services, comply
26 with the terms of the service plans, and correct the
27 conditions that require the child to be in care, or risk
28 termination of their parental rights.
29 When the court declares a child to be a ward of the court
30 and awards guardianship to the Department of Children and
31 Family Services under Section 2-22, the court shall admonish
32 the parents, guardian, custodian, or responsible relative
33 that the parents must cooperate with the Department of
34 Children and Family Services, comply with the terms of the
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1 service plans, and correct the conditions that require the
2 child to be in care, or risk termination of their parental
3 rights.
4 (4) No sanction may be applied against the minor who is
5 the subject of the proceedings by reason of his refusal or
6 failure to testify in the course of any hearing held prior to
7 final adjudication under Section 2-22, 3-23, 4-20 or 5-705
8 5-22.
9 (5) In the discretion of the court, the minor may be
10 excluded from any part or parts of a dispositional hearing
11 and, with the consent of the parent or parents, guardian,
12 counsel or a guardian ad litem, from any part or parts of an
13 adjudicatory hearing.
14 (6) The general public except for the news media and the
15 victim shall be excluded from any hearing and, except for the
16 persons specified in this Section only persons, including
17 representatives of agencies and associations, who in the
18 opinion of the court have a direct interest in the case or in
19 the work of the court shall be admitted to the hearing.
20 However, the court may, for the minor's safety and protection
21 and for good cause shown, prohibit any person or agency
22 present in court from further disclosing the minor's
23 identity.
24 (Source: P.A. 89-235, eff. 8-4-95; 90-27, eff. 1-1-98; 90-28,
25 eff. 1-1-98.)
26 (705 ILCS 405/1-9) (from Ch. 37, par. 801-9)
27 Sec. 1-9. Expungement of law enforcement and juvenile
28 court records.
29 (1) Expungement of law enforcement and juvenile court
30 delinquency records shall be governed by Section 5-915.
31 (2) This subsection (2) applies to expungement of law
32 enforcement and juvenile court records other than delinquency
33 proceedings. Whenever any person has attained the age of 17
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1 or whenever all juvenile court proceedings relating to that
2 person have been terminated, whichever is later, the person
3 may petition the court to expunge law enforcement records
4 relating to incidents occurring before his 17th birthday or
5 his juvenile court records, or both, but only in the
6 following circumstances:
7 (a) the minor was arrested and no petition for
8 delinquency was filed with the clerk of the circuit court; or
9 (b) the minor was charged with an offense and was found
10 not delinquent of that offense; or
11 (c) if the minor was placed under supervision pursuant
12 to Sections 2-20, 3-21, or 4-18 or 5-19, and such order of
13 supervision has since been successfully terminated.
14 (2) Any person may petition the court to expunge all law
15 enforcement records relating to any incidents occurring
16 before his 17th birthday and not resulting in criminal
17 proceedings and all juvenile court records relating to any
18 adjudications for any crimes committed before his 17th
19 birthday, except first degree murder, if he has had no
20 convictions for any crime since his 17th birthday and:
21 (a) 10 years have elapsed since his 17th birthday; or
22 (b) 10 years have elapsed since all juvenile court
23 proceedings relating to him have been terminated or his
24 commitment to the Department of Corrections pursuant to this
25 Act has been terminated; whichever is later of (a) or (b).
26 (3) The chief judge of the circuit in which an arrest
27 was made or a charge was brought or any judge of that circuit
28 designated by the chief judge may, upon verified petition of
29 a person who is the subject of an arrest or a juvenile court
30 proceeding pursuant to subsection (1) or (2) of this Section,
31 order the law enforcement records or juvenile court records,
32 or both, to be expunged from the official records of the
33 arresting authority and the clerk of the circuit court.
34 Notice of the petition shall be served upon the State's
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1 Attorney and upon the arresting authority which is the
2 subject of the petition for expungement.
3 (Source: P.A. 85-601.)
4 (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
5 Sec. 2-10. Temporary custody hearing. At the appearance
6 of the minor before the court at the temporary custody
7 hearing, all witnesses present shall be examined before the
8 court in relation to any matter connected with the
9 allegations made in the petition.
10 (1) If the court finds that there is not probable cause
11 to believe that the minor is abused, neglected or dependent
12 it shall release the minor and dismiss the petition.
13 (2) If the court finds that there is probable cause to
14 believe that the minor is abused, neglected or dependent, the
15 court shall state in writing the factual basis supporting its
16 finding and the minor, his or her parent, guardian, custodian
17 and other persons able to give relevant testimony shall be
18 examined before the court. The Department of Children and
19 Family Services shall give testimony concerning indicated
20 reports of abuse and neglect, of which they are aware of
21 through the central registry, involving the minor's parent,
22 guardian or custodian. After such testimony, the court may,
23 consistent with the health, safety and best interests of the
24 minor, enter an order that the minor shall be released upon
25 the request of parent, guardian or custodian if the parent,
26 guardian or custodian appears to take custody. Custodian
27 shall include any agency of the State which has been given
28 custody or wardship of the child. If it is consistent with
29 the health, safety and best interests of the minor, the court
30 may also prescribe shelter care and order that the minor be
31 kept in a suitable place designated by the court or in a
32 shelter care facility designated by the Department of
33 Children and Family Services or a licensed child welfare
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1 agency; however, a minor charged with a criminal offense
2 under the Criminal Code of 1961 or adjudicated delinquent
3 shall not be placed in the custody of or committed to the
4 Department of Children and Family Services by any court,
5 except a minor less than 13 years of age and committed to the
6 Department of Children and Family Services under Section
7 5-710 5-23 of this Act or a minor for whom an independent
8 basis of abuse, neglect, or dependency exists, which must be
9 defined by departmental rule. In placing the minor, the
10 Department or other agency shall, to the extent compatible
11 with the court's order, comply with Section 7 of the Children
12 and Family Services Act. In determining the health, safety
13 and best interests of the minor to prescribe shelter care,
14 the court must find that it is a matter of immediate and
15 urgent necessity for the safety and protection of the minor
16 or of the person or property of another that the minor be
17 placed in a shelter care facility or that he or she is likely
18 to flee the jurisdiction of the court, and must further find
19 that reasonable efforts have been made or that, consistent
20 with the health, safety and best interests of the minor, no
21 efforts reasonably can be made to prevent or eliminate the
22 necessity of removal of the minor from his or her home. The
23 court shall require documentation from the Department of
24 Children and Family Services as to the reasonable efforts
25 that were made to prevent or eliminate the necessity of
26 removal of the minor from his or her home or the reasons why
27 no efforts reasonably could be made to prevent or eliminate
28 the necessity of removal. When a minor is placed in the home
29 of a relative, the Department of Children and Family Services
30 shall complete a preliminary background review of the members
31 of the minor's custodian's household in accordance with
32 Section 4.3 of the Child Care Act of 1969 within 90 days of
33 that placement. If the minor is ordered placed in a shelter
34 care facility of the Department of Children and Family
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1 Services or a licensed child welfare agency, the court shall,
2 upon request of the appropriate Department or other agency,
3 appoint the Department of Children and Family Services
4 Guardianship Administrator or other appropriate agency
5 executive temporary custodian of the minor and the court may
6 enter such other orders related to the temporary custody as
7 it deems fit and proper, including the provision of services
8 to the minor or his family to ameliorate the causes
9 contributing to the finding of probable cause or to the
10 finding of the existence of immediate and urgent necessity.
11 Acceptance of services shall not be considered an admission
12 of any allegation in a petition made pursuant to this Act,
13 nor may a referral of services be considered as evidence in
14 any proceeding pursuant to this Act, except where the issue
15 is whether the Department has made reasonable efforts to
16 reunite the family. In making its findings that it is
17 consistent with the health, safety and best interests of the
18 minor to prescribe shelter care, the court shall state in
19 writing (i) the factual basis supporting its findings
20 concerning the immediate and urgent necessity for the
21 protection of the minor or of the person or property of
22 another and (ii) the factual basis supporting its findings
23 that reasonable efforts were made to prevent or eliminate the
24 removal of the minor from his or her home or that no efforts
25 reasonably could be made to prevent or eliminate the removal
26 of the minor from his or her home. The parents, guardian,
27 custodian, temporary custodian and minor shall each be
28 furnished a copy of such written findings. The temporary
29 custodian shall maintain a copy of the court order and
30 written findings in the case record for the child. The order
31 together with the court's findings of fact in support thereof
32 shall be entered of record in the court.
33 Once the court finds that it is a matter of immediate and
34 urgent necessity for the protection of the minor that the
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1 minor be placed in a shelter care facility, the minor shall
2 not be returned to the parent, custodian or guardian until
3 the court finds that such placement is no longer necessary
4 for the protection of the minor.
5 If the child is placed in the temporary custody of the
6 Department of Children and Family Services for his or her
7 protection, the court shall admonish the parents, guardian,
8 custodian or responsible relative that the parents must
9 cooperate with the Department of Children and Family
10 Services, comply with the terms of the service plans, and
11 correct the conditions which require the child to be in care,
12 or risk termination of their parental rights.
13 (3) If prior to the shelter care hearing for a minor
14 described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party
15 is unable to serve notice on the party respondent, the
16 shelter care hearing may proceed ex-parte. A shelter care
17 order from an ex-parte hearing shall be endorsed with the
18 date and hour of issuance and shall be filed with the clerk's
19 office and entered of record. The order shall expire after 10
20 days from the time it is issued unless before its expiration
21 it is renewed, at a hearing upon appearance of the party
22 respondent, or upon an affidavit of the moving party as to
23 all diligent efforts to notify the party respondent by notice
24 as herein prescribed. The notice prescribed shall be in
25 writing and shall be personally delivered to the minor or the
26 minor's attorney and to the last known address of the other
27 person or persons entitled to notice. The notice shall also
28 state the nature of the allegations, the nature of the order
29 sought by the State, including whether temporary custody is
30 sought, and the consequences of failure to appear and shall
31 contain a notice that the parties will not be entitled to
32 further written notices or publication notices of proceedings
33 in this case, including the filing of an amended petition or
34 a motion to terminate parental rights, except as required by
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1 Supreme Court Rule 11; and shall explain the right of the
2 parties and the procedures to vacate or modify a shelter care
3 order as provided in this Section. The notice for a shelter
4 care hearing shall be substantially as follows:
5 NOTICE TO PARENTS AND CHILDREN
6 OF SHELTER CARE HEARING
7 On ................ at ........., before the
8 Honorable ................, (address:) .................,
9 the State of Illinois will present evidence (1) that
10 (name of child or children) ....................... are
11 abused, neglected or dependent for the following reasons:
12 .............................................. and (2)
13 that there is "immediate and urgent necessity" to remove
14 the child or children from the responsible relative.
15 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
16 PLACEMENT of the child or children in foster care until a
17 trial can be held. A trial may not be held for up to 90
18 days. You will not be entitled to further notices of
19 proceedings in this case, including the filing of an
20 amended petition or a motion to terminate parental
21 rights.
22 At the shelter care hearing, parents have the
23 following rights:
24 1. To ask the court to appoint a lawyer if
25 they cannot afford one.
26 2. To ask the court to continue the hearing to
27 allow them time to prepare.
28 3. To present evidence concerning:
29 a. Whether or not the child or children
30 were abused, neglected or dependent.
31 b. Whether or not there is "immediate and
32 urgent necessity" to remove the child from home
33 (including: their ability to care for the
34 child, conditions in the home, alternative
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1 means of protecting the child other than
2 removal).
3 c. The best interests of the child.
4 4. To cross examine the State's witnesses.
5 The Notice for rehearings shall be substantially as
6 follows:
7 NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
8 TO REHEARING ON TEMPORARY CUSTODY
9 If you were not present at and did not have adequate
10 notice of the Shelter Care Hearing at which temporary
11 custody of ............... was awarded to
12 ................, you have the right to request a full
13 rehearing on whether the State should have temporary
14 custody of ................. To request this rehearing,
15 you must file with the Clerk of the Juvenile Court
16 (address): ........................, in person or by
17 mailing a statement (affidavit) setting forth the
18 following:
19 1. That you were not present at the shelter
20 care hearing.
21 2. That you did not get adequate notice
22 (explaining how the notice was inadequate).
23 3. Your signature.
24 4. Signature must be notarized.
25 The rehearing should be scheduled within 48 hours of
26 your filing this affidavit.
27 At the rehearing, your rights are the same as at the
28 initial shelter care hearing. The enclosed notice
29 explains those rights.
30 At the Shelter Care Hearing, children have the
31 following rights:
32 1. To have a guardian ad litem appointed.
33 2. To be declared competent as a witness and
34 to present testimony concerning:
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1 a. Whether they are abused, neglected or
2 dependent.
3 b. Whether there is "immediate and urgent
4 necessity" to be removed from home.
5 c. Their best interests.
6 3. To cross examine witnesses for other
7 parties.
8 4. To obtain an explanation of any proceedings
9 and orders of the court.
10 (4) If the parent, guardian, legal custodian,
11 responsible relative, minor age 8 or over, or counsel of the
12 minor did not have actual notice of or was not present at the
13 shelter care hearing, he or she may file an affidavit setting
14 forth these facts, and the clerk shall set the matter for
15 rehearing not later than 48 hours, excluding Sundays and
16 legal holidays, after the filing of the affidavit. At the
17 rehearing, the court shall proceed in the same manner as upon
18 the original hearing.
19 (5) Only when there is reasonable cause to believe that
20 the minor taken into custody is a person described in
21 subsection (3) of Section 5-105 5-3 may the minor be kept or
22 detained in a detention home or county or municipal jail.
23 This Section shall in no way be construed to limit subsection
24 (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
27 prisoners in a police station. Minors under 17 years of age
28 must be kept separate from confined adults and may not at any
29 time be kept in the same cell, room, or yard with adults
30 confined pursuant to the criminal law.
31 (7) If the minor is not brought before a judicial
32 officer within the time period as specified in Section 2-9,
33 the minor must immediately be released from custody.
34 (8) If neither the parent, guardian or custodian appears
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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
4 later than 7 days after the original order and shall issue a
5 summons directed to the parent, guardian or custodian to
6 appear. At the same time the probation department shall
7 prepare a report on the minor. If a parent, guardian or
8 custodian does not appear at such rehearing, the judge may
9 enter an order prescribing that the minor be kept in a
10 suitable place designated by the Department of Children and
11 Family Services or a licensed child welfare agency.
12 (9) Notwithstanding any other provision of this Section
13 any interested party, including the State, the temporary
14 custodian, an agency providing services to the minor or
15 family under a service plan pursuant to Section 8.2 of the
16 Abused and Neglected Child Reporting Act, foster parent, or
17 any of their representatives, on notice to all parties
18 entitled to notice, may file a motion that it is in the best
19 interests of the minor to modify or vacate a temporary
20 custody order on any of the following grounds:
21 (a) It is no longer a matter of immediate and
22 urgent necessity that the minor remain in shelter care;
23 or
24 (b) There is a material change in the circumstances
25 of the natural family from which the minor was removed
26 and the child can be cared for at home without
27 endangering the child's health or safety; or
28 (c) A person not a party to the alleged abuse,
29 neglect or dependency, including a parent, relative or
30 legal guardian, is capable of assuming temporary custody
31 of the minor; or
32 (d) Services provided by the Department of Children
33 and Family Services or a child welfare agency or other
34 service provider have been successful in eliminating the
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1 need for temporary custody and the child can be cared for
2 at home without endangering the child's health or safety.
3 In ruling on the motion, the court shall determine
4 whether it is consistent with the health, safety and best
5 interests of the minor to modify or vacate a temporary
6 custody order.
7 The clerk shall set the matter for hearing not later than
8 14 days after such motion is filed. In the event that the
9 court modifies or vacates a temporary custody order but does
10 not vacate its finding of probable cause, the court may order
11 that appropriate services be continued or initiated in behalf
12 of the minor and his or her family.
13 (10) When the court finds or has found that there is
14 probable cause to believe a minor is an abused minor as
15 described in subsection (2) of Section 2-3 and that there is
16 an immediate and urgent necessity for the abused minor to be
17 placed in shelter care, immediate and urgent necessity shall
18 be presumed for any other minor residing in the same
19 household as the abused minor provided:
20 (a) Such other minor is the subject of an abuse or
21 neglect petition pending before the court; and
22 (b) A party to the petition is seeking shelter care
23 for such other minor.
24 Once the presumption of immediate and urgent necessity
25 has been raised, the burden of demonstrating the lack of
26 immediate and urgent necessity shall be on any party that is
27 opposing shelter care for the other minor.
28 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-582, eff.
29 1-1-97; 89-626, eff. 8-9-96; 90-28, eff. 1-1-98; 90-87, eff.
30 9-1-97; revised 8-4-97.)
31 (705 ILCS 405/2-12) (from Ch. 37, par. 802-12)
32 Sec. 2-12. Preliminary conferences. (1) The court may
33 authorize the probation officer to confer in a preliminary
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1 conference with any person seeking to file a petition under
2 Section 2-13, the prospective respondents and other
3 interested persons concerning the advisability of filing the
4 petition, with a view to adjusting suitable cases without the
5 filing of a petition.
6 The probation officer should schedule a conference
7 promptly except where the State's Attorney insists on court
8 action or where the minor has indicated that he or she will
9 demand a judicial hearing and will not comply with an
10 informal adjustment.
11 (2) In any case of a minor who is in temporary custody,
12 the holding of preliminary conferences does not operate to
13 prolong temporary custody beyond the period permitted by
14 Section 2-9.
15 (3) This Section does not authorize any probation
16 officer to compel any person to appear at any conference,
17 produce any papers, or visit any place.
18 (4) No statement made during a preliminary conference
19 may be admitted into evidence at an adjudicatory hearing or
20 at any proceeding against the minor under the criminal laws
21 of this State prior to his or her conviction thereunder.
22 (5) The probation officer shall promptly formulate a
23 written, non-judicial adjustment plan following the initial
24 conference.
25 (6) Non-judicial adjustment plans include but are not
26 limited to the following:
27 (a) up to 6 months informal supervision within family;
28 (b) up to 6 months informal supervision with a probation
29 officer involved;
30 (c) up to 6 months informal supervision with release to
31 a person other than parent;
32 (d) referral to special educational, counseling or other
33 rehabilitative social or educational programs;
34 (e) referral to residential treatment programs; and
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1 (f) any other appropriate action with consent of the
2 minor and a parent.
3 (7) The factors to be considered by the probation
4 officer in formulating a non-judicial adjustment plan shall
5 be the same as those limited in subsection (4) of Section
6 5-405 5-6.
7 (Source: P.A. 86-639.)
8 (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
9 Sec. 2-27. Placement; legal custody or guardianship.
10 (1) If the court determines and puts in writing the
11 factual basis supporting the determination of whether the
12 parents, guardian, or legal custodian of a minor adjudged a
13 ward of the court are unfit or are unable, for some reason
14 other than financial circumstances alone, to care for,
15 protect, train or discipline the minor or are unwilling to do
16 so, and that it is in the best interest of the minor to take
17 him from the custody of his parents, guardian or custodian,
18 the court may at this hearing and at any later point:
19 (a) place him in the custody of a suitable relative
20 or other person as legal custodian or guardian;
21 (b) place him under the guardianship of a probation
22 officer;
23 (c) commit him to an agency for care or placement,
24 except an institution under the authority of the
25 Department of Corrections or of the Department of
26 Children and Family Services;
27 (d) commit him to the Department of Children and
28 Family Services for care and service; however, a minor
29 charged with a criminal offense under the Criminal Code
30 of 1961 or adjudicated delinquent shall not be placed in
31 the custody of or committed to the Department of Children
32 and Family Services by any court, except a minor less
33 than 13 years of age and committed to the Department of
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1 Children and Family Services under Section 5-710 5-23 of
2 this Act. The Department shall be given due notice of the
3 pendency of the action and the Guardianship Administrator
4 of the Department of Children and Family Services shall
5 be appointed guardian of the person of the minor.
6 Whenever the Department seeks to discharge a minor from
7 its care and service, the Guardianship Administrator
8 shall petition the court for an order terminating
9 guardianship. The Guardianship Administrator may
10 designate one or more other officers of the Department,
11 appointed as Department officers by administrative order
12 of the Department Director, authorized to affix the
13 signature of the Guardianship Administrator to documents
14 affecting the guardian-ward relationship of children for
15 whom he has been appointed guardian at such times as he
16 is unable to perform the duties of his office. The
17 signature authorization shall include but not be limited
18 to matters of consent of marriage, enlistment in the
19 armed forces, legal proceedings, adoption, major medical
20 and surgical treatment and application for driver's
21 license. Signature authorizations made pursuant to the
22 provisions of this paragraph shall be filed with the
23 Secretary of State and the Secretary of State shall
24 provide upon payment of the customary fee, certified
25 copies of the authorization to any court or individual
26 who requests a copy.
27 In making a determination under this Section, the court
28 shall also consider whether, based on the best interests of
29 the minor, appropriate services aimed at family preservation
30 and family reunification have been unsuccessful in rectifying
31 the conditions that have led to a finding of unfitness or
32 inability to care for, protect, train, or discipline the
33 minor, or whether, based on the best interests of the minor,
34 no family preservation or family reunification services would
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1 be appropriate.
2 When making a placement, the court, wherever possible,
3 shall require the Department of Children and Family Services
4 to select a person holding the same religious belief as that
5 of the minor or a private agency controlled by persons of
6 like religious faith of the minor and shall require the
7 Department to otherwise comply with Section 7 of the Children
8 and Family Services Act in placing the child. In addition,
9 whenever alternative plans for placement are available, the
10 court shall ascertain and consider, to the extent appropriate
11 in the particular case, the views and preferences of the
12 minor.
13 (2) When a minor is placed with a suitable relative or
14 other person pursuant to item (a) of subsection (1), the
15 court shall appoint him the legal custodian or guardian of
16 the person of the minor. When a minor is committed to any
17 agency, the court shall appoint the proper officer or
18 representative thereof as legal custodian or guardian of the
19 person of the minor. Legal custodians and guardians of the
20 person of the minor have the respective rights and duties set
21 forth in subsection (9) of Section 1-3 except as otherwise
22 provided by order of court; but no guardian of the person may
23 consent to adoption of the minor unless that authority is
24 conferred upon him in accordance with Section 2-29. An agency
25 whose representative is appointed guardian of the person or
26 legal custodian of the minor may place him in any child care
27 facility, but the facility must be licensed under the Child
28 Care Act of 1969 or have been approved by the Department of
29 Children and Family Services as meeting the standards
30 established for such licensing. No agency may place a minor
31 adjudicated under Sections 2-3 or 2-4 in a child care
32 facility unless the placement is in compliance with the rules
33 and regulations for placement under this Section promulgated
34 by the Department of Children and Family Services under
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1 Section 5 of the Children and Family Services Act. Like
2 authority and restrictions shall be conferred by the court
3 upon any probation officer who has been appointed guardian of
4 the person of a minor.
5 (3) No placement by any probation officer or agency
6 whose representative is appointed guardian of the person or
7 legal custodian of a minor may be made in any out of State
8 child care facility unless it complies with the Interstate
9 Compact on the Placement of Children. Placement with a
10 parent, however, is not subject to that Interstate Compact.
11 (4) The clerk of the court shall issue to the legal
12 custodian or guardian of the person a certified copy of the
13 order of court, as proof of his authority. No other process
14 is necessary as authority for the keeping of the minor.
15 (5) Custody or guardianship granted under this Section
16 continues until the court otherwise directs, but not after
17 the minor reaches the age of 19 years except as set forth in
18 Section 2-31.
19 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
20 12-2-94; 89-21, eff. 7-1-95; 89-422; 89-626, eff. 8-9-96.)
21 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
22 Sec. 2-28. Court review.
23 (1) The court may require any legal custodian or
24 guardian of the person appointed under this Act to report
25 periodically to the court or may cite him into court and
26 require him or his agency, to make a full and accurate report
27 of his or its doings in behalf of the minor. The custodian
28 or guardian, within 10 days after such citation, shall make
29 the report, either in writing verified by affidavit or orally
30 under oath in open court, or otherwise as the court directs.
31 Upon the hearing of the report the court may remove the
32 custodian or guardian and appoint another in his stead or
33 restore the minor to the custody of his parents or former
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1 guardian or custodian. However, custody of the minor shall
2 not be restored to any parent, guardian or legal custodian in
3 any case in which the minor is found to be neglected or
4 abused under Section 2-3 of this Act, unless it is in the
5 best interests of the minor, and if such neglect or abuse is
6 found by the court under paragraph (2) of Section 2-21 of
7 this Act to be the result of physical abuse inflicted on the
8 minor by such parent, guardian or legal custodian, until such
9 time as an investigation is made as provided in paragraph (5)
10 and a hearing is held on the issue of the fitness of such
11 parent, guardian or legal custodian to care for the minor and
12 the court enters an order that such parent, guardian or legal
13 custodian is fit to care for the minor.
14 (2) Permanency hearings shall be conducted by the court,
15 or by hearing officers appointed or approved by the court in
16 the manner set forth in Section 2-28.1 of this Act.
17 Permanency hearings shall be held every 12 months or more
18 frequently if necessary in the court's determination
19 following the initial permanency hearing, in accordance with
20 the standards set forth in this Section, until the court
21 determines that the plan and goal have been achieved. Once
22 the plan and goal have been achieved, if the minor remains in
23 substitute care, the case shall be reviewed at least every 12
24 months thereafter, subject to the provisions of this Section.
25 Notice in compliance with Sections 2-15 and 2-16 must
26 have been given to all parties-respondent before proceeding
27 to a permanency hearing.
28 The public agency that is the custodian or guardian of
29 the minor, or another agency responsible for the minor's
30 care, shall ensure that all parties to the permanency
31 hearings are provided a copy of the most recent service plan
32 prepared within the prior 6 months at least 14 days in
33 advance of the hearing. If not contained in the plan, the
34 agency shall also include a report setting forth (i) any
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1 special physical, psychological, educational, medical,
2 emotional, or other needs of the minor or his or her family
3 that are relevant to a permanency or placement determination
4 and (ii) for any minor age 16 or over, a written description
5 of the programs and services that will enable the minor to
6 prepare for independent living. If a permanency review
7 hearing has not previously been scheduled by the court, the
8 moving party shall move for the setting of a permanency
9 hearing and the entry of an order within the time frames set
10 forth in this subsection.
11 At the permanency hearing, the court shall determine the
12 future status of the child. The court shall review (i) the
13 appropriateness of the permanency goal, (ii) the
14 appropriateness of the plan to achieve the goal, (iii) the
15 appropriateness of the services contained in the plan and
16 whether those services have been provided, (iv) whether
17 reasonable efforts have been made by all the parties to the
18 service plan to achieve the goal, and (v) whether the plan
19 and goal have been achieved. All evidence relevant to
20 determining these questions, including oral and written
21 reports, may be admitted and may be relied on to the extent
22 of their probative value.
23 In reviewing the permanency goal and the most recent
24 service plan prepared within the prior 6 months, the standard
25 of review to be employed by the court shall be whether the
26 Department of Children and Family Services, in setting the
27 permanency goal and the service plan, abused its discretion
28 in light of the best interests of the child, the permanency
29 alternatives, and the facts in the individual case.
30 If the plan and goal are found to be appropriate and to
31 have been achieved, the court shall enter orders that are
32 necessary to conform the minor's legal custody and status to
33 those findings.
34 If, after receiving evidence, the court determines that
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1 the Department of Children and Family Services abused its
2 discretion in identifying services contained in the plan that
3 are not reasonably calculated to facilitate achievement of
4 the permanency goal, the court shall put in writing the
5 factual basis supporting the determination and enter specific
6 findings based on the evidence. The court also shall enter
7 an order for the Department to develop and implement a new
8 service plan or to implement changes to the current service
9 plan consistent with the court's findings. The new service
10 plan shall be filed with the court and served on all parties
11 within 45 days of the date of the order. The court shall
12 continue the matter until the new service plan is filed.
13 Unless otherwise specifically authorized by law, the court is
14 not empowered under this subsection (2) or under subsection
15 (3) to order specific placements, specific services, or
16 specific service providers to be included in the plan.
17 If, after receiving evidence, the court determines that
18 the Department of Children and Family Services abused its
19 discretion in setting a permanency goal that is not in the
20 best interests of the minor, the court shall enter specific
21 findings in writing based on the evidence. The court also
22 shall enter an order for the Department to set a new
23 permanency goal and to develop and implement a new service
24 plan that is consistent with the court's findings. The new
25 service plan shall be filed with the court and served on all
26 parties within 45 days of the date of the order. The court
27 shall continue the matter until the new service plan is
28 filed.
29 A guardian or custodian appointed by the court pursuant
30 to this Act shall file updated case plans with the court
31 every 6 months.
32 Rights of wards of the court under this Act are
33 enforceable against any public agency by complaints for
34 relief by mandamus filed in any proceedings brought under
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1 this Act.
2 (3) Following the permanency hearing, the court shall
3 enter an order setting forth the following determinations in
4 writing:
5 (a) The future status of the minor, including but
6 not limited to whether the minor should be returned to
7 the parent, should be continued in the care of the
8 Department of Children and Family Services or other
9 agency for a specified period, should be placed for
10 adoption, should be emancipated, or should (because of
11 the minor's special needs or circumstances) be continued
12 in the care of the Department of Children and Family
13 Services or other agency on a permanent or long-term
14 basis, and any orders necessary to conform the minor's
15 legal custody and status to such determination; or
16 (b) if the future status of the minor cannot be
17 achieved immediately, the specific reasons for continuing
18 the minor in the care of the Department of Children and
19 Family Services or other agency for short term placement,
20 and the following determinations:
21 (i) Whether the permanency goal is in the best
22 interests of the minor, or whether the Department of
23 Children and Family Services abused its discretion
24 in setting a goal that is not in the best interests
25 of the minor.
26 (ii) Whether the services required by the
27 court and by any service plan prepared within the
28 prior 6 months have been provided and (A) if so,
29 whether the services were reasonably calculated to
30 facilitate the achievement of the permanency goal or
31 (B) if not provided, why the services were not
32 provided.
33 (iii) Whether the minor's placement is
34 necessary, and appropriate to the plan and goal,
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1 recognizing the right of minors to the least
2 restrictive (most family-like) setting available and
3 in close proximity to the parents' home consistent
4 with the best interest and special needs of the
5 minor and, if the minor is placed out-of-State,
6 whether the out-of-State placement continues to be
7 appropriate and in the best interest of the minor.
8 (iv) Whether, because of any of the findings
9 under subparagraphs (i) through (iii), the
10 Department of Children and Family Services should be
11 ordered to set a new permanency goal or develop and
12 implement a new service plan consistent with such
13 findings.
14 (v) Whether any orders to effectuate the
15 completion of a plan or goal are necessary,
16 including conforming the minor's custody or status
17 to a goal being achieved.
18 Any order entered pursuant to this subsection (3) shall
19 be immediately appealable as a matter of right under Supreme
20 Court Rule 304(b)(1).
21 (4) The minor or any person interested in the minor may
22 apply to the court for a change in custody of the minor and
23 the appointment of a new custodian or guardian of the person
24 or for the restoration of the minor to the custody of his
25 parents or former guardian or custodian. However, custody of
26 the minor shall not be restored to any parent, guardian or
27 legal custodian in any case in which the minor is found to be
28 neglected or abused under Section 2-3 of this Act, unless it
29 is in the best interest of the minor, and if such neglect or
30 abuse is found by the court under paragraph (2) of Section
31 2-21 of this Act to be the result of physical abuse inflicted
32 on the minor by such parent, guardian or legal custodian,
33 until such time as an investigation is made as provided in
34 paragraph (4) and a hearing is held on the issue of the
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1 fitness of such parent, guardian or legal custodian to care
2 for the minor and the court enters an order that such parent,
3 guardian or legal custodian is fit to care for the minor. In
4 the event that the minor has attained 18 years of age and the
5 guardian or custodian petitions the court for an order
6 terminating his guardianship or custody, guardianship or
7 custody shall terminate automatically 30 days after the
8 receipt of the petition unless the court orders otherwise.
9 No legal custodian or guardian of the person may be removed
10 without his consent until given notice and an opportunity to
11 be heard by the court.
12 (5) Whenever a parent, guardian, or legal custodian
13 petitions for restoration of custody of the minor, and the
14 minor was adjudicated neglected or abused as a result of
15 physical abuse, the court shall cause to be made an
16 investigation as to whether the petitioner has ever been
17 charged with or convicted of any criminal offense which would
18 indicate the likelihood of any further physical abuse to the
19 minor. Evidence of such criminal convictions shall be taken
20 into account in determining fitness of the parent, guardian,
21 or legal custodian.
22 (a) Any agency of this State or any subdivision
23 thereof shall co-operate with the agent of the court in
24 providing any information sought in the investigation.
25 (b) The information derived from the investigation
26 and any conclusions or recommendations derived from the
27 information shall be provided to the parent, guardian, or
28 legal custodian seeking restoration of custody prior to
29 the hearing on fitness and the petitioner shall have an
30 opportunity at the hearing to refute the information or
31 contest its significance.
32 (c) All information obtained from any investigation
33 shall be confidential as provided in Section 5-150 1-10
34 of this Act.
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1 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
2 12-2-94; 89-17, eff. 5-31-95; 89-21, eff. 7-1-95; 89-626,
3 eff. 8-9-96.)
4 (705 ILCS 405/3-8) (from Ch. 37, par. 803-8)
5 Sec. 3-8. 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. The court may not
20 designate a place of detention for the reception of minors,
21 unless the minor is alleged to be a person described in
22 subsection (3) of Section 5-105 5-3.
23 (2) A law enforcement officer who takes a minor into
24 custody without a warrant under Section 3-7 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
32 county of venue or shall surrender the minor to a juvenile
33 police officer in the city or village where the offense is
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1 alleged to have been committed, or upon determining the true
2 identity of the minor, may release the minor to the parent or
3 other person legally responsible for the minor's care or the
4 person with whom the minor resides, if the minor is taken
5 into custody for an offense which would be a misdemeanor if
6 committed by an adult. If a minor is so released, the law
7 enforcement officer shall promptly notify a juvenile police
8 officer of the circumstances of the custody and release.
9 (3) The juvenile police officer may take one of the
10 following actions:
11 (a) station adjustment with release of the minor;
12 (b) station adjustment with release of the minor to a
13 parent;
14 (c) station adjustment, release of the minor to a
15 parent, and referral of the case to community services;
16 (d) station adjustment, release of the minor to a
17 parent, and referral of the case to community services with
18 informal monitoring by a juvenile police officer;
19 (e) station adjustment and release of the minor to a
20 third person pursuant to agreement of the minor and parents;
21 (f) station adjustment, release of the minor to a third
22 person pursuant to agreement of the minor and parents, and
23 referral of the case to community services;
24 (g) station adjustment, release of the minor to a third
25 person pursuant to agreement of the minor and parent, and
26 referral to community services with informal monitoring by a
27 juvenile police officer;
28 (h) release of the minor to his or her parents and
29 referral of the case to a county juvenile probation officer
30 or such other public officer designated by the court;
31 (i) release of the minor to school officials of his
32 school during regular school hours;
33 (j) if the juvenile police officer reasonably believes
34 that there is an urgent and immediate necessity to keep the
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1 minor in custody, the juvenile police officer shall deliver
2 the minor without unnecessary delay to the court or to the
3 place designated by rule or order of court for the reception
4 of minors; and
5 (k) any other appropriate action with consent of the
6 minor and a parent.
7 (Source: P.A. 86-628.)
8 (705 ILCS 405/3-10) (from Ch. 37, par. 803-10)
9 Sec. 3-10. Investigation; release. When a minor is
10 delivered to the court, or to the place designated by the
11 court under Section 3-9 of this Act, a probation officer or
12 such other public officer designated by the court shall
13 immediately investigate the circumstances of the minor and
14 the facts surrounding his or her being taken into custody.
15 The minor shall be immediately released to the custody of his
16 or her parent, guardian, legal custodian or responsible
17 relative, unless the probation officer or such other public
18 officer designated by the court finds that further shelter
19 care is necessary as provided in Section 3-7. This Section
20 shall in no way be construed to limit Section 5-905 1-7.
21 (Source: P.A. 85-601.)
22 (705 ILCS 405/3-12) (from Ch. 37, par. 803-12)
23 Sec. 3-12. Shelter care hearing. At the appearance of
24 the minor before the court at the shelter care hearing, all
25 witnesses present shall be examined before the court in
26 relation to any matter connected with the allegations made in
27 the petition.
28 (1) If the court finds that there is not probable cause
29 to believe that the minor is a person requiring authoritative
30 intervention, it shall release the minor and dismiss the
31 petition.
32 (2) If the court finds that there is probable cause to
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1 believe that the minor is a person requiring authoritative
2 intervention, the minor, his or her parent, guardian,
3 custodian and other persons able to give relevant testimony
4 shall be examined before the court. After such testimony, the
5 court may enter an order that the minor shall be released
6 upon the request of a parent, guardian or custodian if the
7 parent, guardian or custodian appears to take custody.
8 Custodian shall include any agency of the State which has
9 been given custody or wardship of the child. The Court shall
10 require documentation by representatives of the Department of
11 Children and Family Services or the probation department as
12 to the reasonable efforts that were made to prevent or
13 eliminate the necessity of removal of the minor from his or
14 her home, and shall consider the testimony of any person as
15 to those reasonable efforts. If the court finds that it is a
16 matter of immediate and urgent necessity for the protection
17 of the minor or of the person or property of another that the
18 minor be placed in a shelter care facility, or that he or she
19 is likely to flee the jurisdiction of the court, and further
20 finds that reasonable efforts have been made or good cause
21 has been shown why reasonable efforts cannot prevent or
22 eliminate the necessity of removal of the minor from his or
23 her home, the court may prescribe shelter care and order that
24 the minor be kept in a suitable place designated by the court
25 or in a shelter care facility designated by the Department of
26 Children and Family Services or a licensed child welfare
27 agency; otherwise it shall release the minor from custody. If
28 the court prescribes shelter care, then in placing the minor,
29 the Department or other agency shall, to the extent
30 compatible with the court's order, comply with Section 7 of
31 the Children and Family Services Act. If the minor is ordered
32 placed in a shelter care facility of the Department of
33 Children and Family Services or a licensed child welfare
34 agency, the court shall, upon request of the Department or
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1 other agency, appoint the Department of Children and Family
2 Services Guardianship Administrator or other appropriate
3 agency executive temporary custodian of the minor and the
4 court may enter such other orders related to the temporary
5 custody as it deems fit and proper, including the provision
6 of services to the minor or his family to ameliorate the
7 causes contributing to the finding of probable cause or to
8 the finding of the existence of immediate and urgent
9 necessity. Acceptance of services shall not be considered an
10 admission of any allegation in a petition made pursuant to
11 this Act, nor may a referral of services be considered as
12 evidence in any proceeding pursuant to this Act, except where
13 the issue is whether the Department has made reasonable
14 efforts to reunite the family. In making its findings that
15 reasonable efforts have been made or that good cause has been
16 shown why reasonable efforts cannot prevent or eliminate the
17 necessity of removal of the minor from his or her home, the
18 court shall state in writing its findings concerning the
19 nature of the services that were offered or the efforts that
20 were made to prevent removal of the child and the apparent
21 reasons that such services or efforts could not prevent the
22 need for removal. The parents, guardian, custodian,
23 temporary custodian and minor shall each be furnished a copy
24 of such written findings. The temporary custodian shall
25 maintain a copy of the court order and written findings in
26 the case record 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
31 minor be placed in a shelter care facility, the minor shall
32 not be returned to the parent, custodian or guardian until
33 the court finds that such placement is no longer necessary
34 for the protection of the minor.
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1 (3) If prior to the shelter care hearing for a minor
2 described in Sections 2-3, 2-4, 3-3 and 4-3 the petitioner is
3 unable to serve notice on the party respondent, the shelter
4 care hearing may proceed ex-parte. A shelter care order from
5 an ex-parte hearing shall be endorsed with the date and hour
6 of issuance and shall be filed with the clerk's office and
7 entered of record. The order shall expire after 10 days from
8 the time it is issued unless before its expiration it is
9 renewed, at a hearing upon appearance of the party
10 respondent, or upon an affidavit of the moving party as to
11 all diligent efforts to notify the party respondent by notice
12 as herein prescribed. The notice prescribed shall be in
13 writing and shall be personally delivered to the minor or the
14 minor's attorney and to the last known address of the other
15 person or persons entitled to notice. The notice shall also
16 state the nature of the allegations, the nature of the order
17 sought by the State, including whether temporary custody is
18 sought, and the consequences of failure to appear; and shall
19 explain the right of the parties and the procedures to vacate
20 or modify a shelter care order as provided in this Section.
21 The notice for a shelter care hearing shall be substantially
22 as follows:
23 NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING
24 On ................ at ........., before the Honorable
25 ................, (address:) ................., the State of
26 Illinois will present evidence (1) that (name of child or
27 children) ....................... are abused, neglected or
28 dependent for the following reasons:
29 .............................................................
30 and (2) that there is "immediate and urgent necessity" to
31 remove the child or children from the responsible relative.
32 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
33 PLACEMENT of the child or children in foster care until a
34 trial can be held. A trial may not be held for up to 90
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1 days.
2 At the shelter care hearing, parents have the following
3 rights:
4 1. To ask the court to appoint a lawyer if they
5 cannot afford one.
6 2. To ask the court to continue the hearing to
7 allow them time to prepare.
8 3. To present evidence concerning:
9 a. Whether or not the child or children were
10 abused, neglected or dependent.
11 b. Whether or not there is "immediate and
12 urgent necessity" to remove the child from home
13 (including: their ability to care for the child,
14 conditions in the home, alternative means of
15 protecting the child other than removal).
16 c. The best interests of the child.
17 4. To cross examine the State's witnesses.
18 The Notice for rehearings shall be substantially as
19 follows:
20 NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
21 TO REHEARING ON TEMPORARY CUSTODY
22 If you were not present at and did not have adequate
23 notice of the Shelter Care Hearing at which temporary custody
24 of ............... was awarded to ................, you have
25 the right to request a full rehearing on whether the State
26 should have temporary custody of ................. To
27 request this rehearing, you must file with the Clerk of the
28 Juvenile Court (address): ........................, in person
29 or by mailing a statement (affidavit) setting forth the
30 following:
31 1. That you were not present at the shelter care
32 hearing.
33 2. That you did not get adequate notice (explaining
34 how the notice was inadequate).
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1 3. Your signature.
2 4. Signature must be notarized.
3 The rehearing should be scheduled within one day of your
4 filing this affidavit.
5 At the rehearing, your rights are the same as at the
6 initial shelter care hearing. The enclosed notice explains
7 those rights.
8 At the Shelter Care Hearing, children have the following
9 rights:
10 1. To have a guardian ad litem appointed.
11 2. To be declared competent as a witness and to
12 present testimony concerning:
13 a. Whether they are abused, neglected or
14 dependent.
15 b. Whether there is "immediate and urgent
16 necessity" to be removed from home.
17 c. Their best interests.
18 3. To cross examine witnesses for other parties.
19 4. To obtain an explanation of any proceedings and
20 orders of the court.
21 (4) If the parent, guardian, legal custodian,
22 responsible relative, or counsel of the minor did not have
23 actual notice of or was not present at the shelter care
24 hearing, he or she may file an affidavit setting forth these
25 facts, and the clerk shall set the matter for rehearing not
26 later than 48 hours, excluding Sundays and legal holidays,
27 after the filing of the affidavit. At the rehearing, the
28 court shall proceed in the same manner as upon the original
29 hearing.
30 (5) Only when there is reasonable cause to believe that
31 the minor taken into custody is a person described in
32 subsection (3) of Section 5-105 5-3 may the minor be kept or
33 detained in a detention home or county or municipal jail.
34 This Section shall in no way be construed to limit subsection
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1 (6).
2 (6) No minor under 16 years of age may be confined in a
3 jail or place ordinarily used for the confinement of
4 prisoners in a police station. Minors under 17 years of age
5 must be kept separate from confined adults and may not at any
6 time be kept in the same cell, room, or yard with adults
7 confined pursuant to the criminal law.
8 (7) If the minor is not brought before a judicial
9 officer within the time period specified in Section 3-11, the
10 minor must immediately be released from custody.
11 (8) If neither the parent, guardian or custodian appears
12 within 24 hours to take custody of a minor released upon
13 request pursuant to subsection (2) of this Section, then the
14 clerk of the court shall set the matter for rehearing not
15 later than 7 days after the original order and shall issue a
16 summons directed to the parent, guardian or custodian to
17 appear. At the same time the probation department shall
18 prepare a report on the minor. If a parent, guardian or
19 custodian does not appear at such rehearing, the judge may
20 enter an order prescribing that the minor be kept in a
21 suitable place designated by the Department of Children and
22 Family Services or a licensed child welfare agency.
23 (9) Notwithstanding any other provision of this Section,
24 any interested party, including the State, the temporary
25 custodian, an agency providing services to the minor or
26 family under a service plan pursuant to Section 8.2 of the
27 Abused and Neglected Child Reporting Act, foster parent, or
28 any of their representatives, on notice to all parties
29 entitled to notice, may file a motion to modify or vacate a
30 temporary custody order on any of the following grounds:
31 (a) It is no longer a matter of immediate and
32 urgent necessity that the minor remain in shelter care;
33 or
34 (b) There is a material change in the circumstances
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1 of the natural family from which the minor was removed;
2 or
3 (c) A person, including a parent, relative or legal
4 guardian, is capable of assuming temporary custody of the
5 minor; or
6 (d) Services provided by the Department of Children
7 and Family Services or a child welfare agency or other
8 service provider have been successful in eliminating the
9 need for temporary custody.
10 The clerk shall set the matter for hearing not later than
11 14 days after such motion is filed. In the event that the
12 court modifies or vacates a temporary custody order but does
13 not vacate its finding of probable cause, the court may order
14 that appropriate services be continued or initiated in behalf
15 of the minor and his or her family.
16 (Source: P.A. 89-422.)
17 (705 ILCS 405/3-14) (from Ch. 37, par. 803-14)
18 Sec. 3-14. Preliminary conferences. (1) The court may
19 authorize the probation officer to confer in a preliminary
20 conference with any person seeking to file a petition under
21 Section 3-15, the prospective respondents and other
22 interested persons concerning the advisability of filing the
23 petition, with a view to adjusting suitable cases without the
24 filing of a petition.
25 The probation officer should schedule a conference
26 promptly except where the State's Attorney insists on court
27 action or where the minor has indicated that he or she will
28 demand a judicial hearing and will not comply with an
29 informal adjustment.
30 (2) In any case of a minor who is in temporary custody,
31 the holding of preliminary conferences does not operate to
32 prolong temporary custody beyond the period permitted by
33 Section 3-11.
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1 (3) This Section does not authorize any probation
2 officer to compel any person to appear at any conference,
3 produce any papers, or visit any place.
4 (4) No statement made during a preliminary conference
5 may be admitted into evidence at an adjudicatory hearing or
6 at any proceeding against the minor under the criminal laws
7 of this State prior to his or her conviction thereunder.
8 (5) The probation officer shall promptly formulate a
9 written, non-judicial adjustment plan following the initial
10 conference.
11 (6) Non-judicial adjustment plans include but are not
12 limited to the following:
13 (a) up to 6 months informal supervision within family;
14 (b) up to 6 months informal supervision with a probation
15 officer involved;
16 (c) up to 6 months informal supervision with release to
17 a person other than parent;
18 (d) referral to special educational, counseling or other
19 rehabilitative social or educational programs;
20 (e) referral to residential treatment programs; and
21 (f) any other appropriate action with consent of the
22 minor and a parent.
23 (7) The factors to be considered by the probation
24 officer in formulating a written non-judicial adjustment plan
25 shall be the same as those limited in subsection (4) of
26 Section 5-405 5-6.
27 (Source: P.A. 86-639.)
28 (705 ILCS 405/4-9) (from Ch. 37, par. 804-9)
29 Sec. 4-9. Shelter care hearing. At the appearance of
30 the minor before the court at the shelter care hearing, all
31 witnesses present shall be examined before the court in
32 relation to any matter connected with the allegations made in
33 the petition.
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1 (1) If the court finds that there is not probable cause
2 to believe that the minor is addicted, it shall release the
3 minor and dismiss the petition.
4 (2) If the court finds that there is probable cause to
5 believe that the minor is addicted, the minor, his or her
6 parent, guardian, custodian and other persons able to give
7 relevant testimony shall be examined before the court. After
8 such testimony, the court may enter an order that the minor
9 shall be released upon the request of a parent, guardian or
10 custodian if the parent, guardian or custodian appears to
11 take custody and agrees to abide by a court order which
12 requires the minor and his or her parent, guardian, or legal
13 custodian to complete an evaluation by an entity licensed by
14 the Department of Human Services, as the successor to the
15 Department of Alcoholism and Substance Abuse, and complete
16 any treatment recommendations indicated by the assessment.
17 Custodian shall include any agency of the State which has
18 been given custody or wardship of the child.
19 The Court shall require documentation by representatives
20 of the Department of Children and Family Services or the
21 probation department as to the reasonable efforts that were
22 made to prevent or eliminate the necessity of removal of the
23 minor from his or her home, and shall consider the testimony
24 of any person as to those reasonable efforts. If the court
25 finds that it is a matter of immediate and urgent necessity
26 for the protection of the minor or of the person or property
27 of another that the minor be or placed in a shelter care
28 facility or that he or she is likely to flee the jurisdiction
29 of the court, and further, finds that reasonable efforts have
30 been made or good cause has been shown why reasonable efforts
31 cannot prevent or eliminate the necessity of removal of the
32 minor from his or her home, the court may prescribe shelter
33 care and order that the minor be kept in a suitable place
34 designated by the court or in a shelter care facility
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1 designated by the Department of Children and Family Services
2 or a licensed child welfare agency, or in a facility or
3 program licensed designated by the Department of Human
4 Services for shelter and treatment services; otherwise it
5 shall release the minor from custody. If the court
6 prescribes shelter care, then in placing the minor, the
7 Department or other agency shall, to the extent compatible
8 with the court's order, comply with Section 7 of the Children
9 and Family Services Act. If the minor is ordered placed in a
10 shelter care facility of the Department of Children and
11 Family Services or a licensed child welfare agency, or in a
12 facility or program licensed designated by the Department of
13 Human Services for shelter and treatment services, the court
14 shall, upon request of the appropriate Department or other
15 agency, appoint the Department of Children and Family
16 Services Guardianship Administrator or other appropriate
17 agency executive temporary custodian of the minor and the
18 court may enter such other orders related to the temporary
19 custody as it deems fit and proper, including the provision
20 of services to the minor or his family to ameliorate the
21 causes contributing to the finding of probable cause or to
22 the finding of the existence of immediate and urgent
23 necessity. Acceptance of services shall not be considered an
24 admission of any allegation in a petition made pursuant to
25 this Act, nor may a referral of services be considered as
26 evidence in any proceeding pursuant to this Act, except where
27 the issue is whether the Department has made reasonable
28 efforts to reunite the family. In making its findings that
29 reasonable efforts have been made or that good cause has been
30 shown why reasonable efforts cannot prevent or eliminate the
31 necessity of removal of the minor from his or her home, the
32 court shall state in writing its findings concerning the
33 nature of the services that were offered or the efforts that
34 were made to prevent removal of the child and the apparent
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1 reasons that such services or efforts could not prevent the
2 need for removal. The parents, guardian, custodian,
3 temporary custodian and minor shall each be furnished a copy
4 of such written findings. The temporary custodian shall
5 maintain a copy of the court order and written findings in
6 the case record for the child. The order together with the
7 court's findings of fact in support thereof shall be entered
8 of record in the court.
9 Once the court finds that it is a matter of immediate and
10 urgent necessity for the protection of the minor that the
11 minor be placed in a shelter care facility, the minor shall
12 not be returned to the parent, custodian or guardian until
13 the court finds that such placement is no longer necessary
14 for the protection of the minor.
15 (3) If neither the parent, guardian, legal custodian,
16 responsible relative nor counsel of the minor has had actual
17 notice of or is present at the shelter care hearing, he or
18 she may file his or her affidavit setting forth these facts,
19 and the clerk shall set the matter for rehearing not later
20 than 24 hours, excluding Sundays and legal holidays, after
21 the filing of the affidavit. At the rehearing, the court
22 shall proceed in the same manner as upon the original
23 hearing.
24 (4) If the minor is not brought before a judicial
25 officer within the time period as specified in Section 4-8,
26 the minor must immediately be released from custody.
27 (5) Only when there is reasonable cause to believe that
28 the minor taken into custody is a person described in
29 subsection (3) of Section 5-105 5-3 may the minor be kept or
30 detained in a detention home or county or municipal jail.
31 This Section shall in no way be construed to limit subsection
32 (6).
33 (6) No minor under 16 years of age may be confined in a
34 jail or place ordinarily used for the confinement of
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1 prisoners in a police station. Minors under 17 years of age
2 must be kept separate from confined adults and may not at any
3 time be kept in the same cell, room or yard with adults
4 confined pursuant to the criminal law.
5 (7) If neither the parent, guardian or custodian appears
6 within 24 hours to take custody of a minor released upon
7 request pursuant to subsection (2) of this Section, then the
8 clerk of the court shall set the matter for rehearing not
9 later than 7 days after the original order and shall issue a
10 summons directed to the parent, guardian or custodian to
11 appear. At the same time the probation department shall
12 prepare a report on the minor. If a parent, guardian or
13 custodian does not appear at such rehearing, the judge may
14 enter an order prescribing that the minor be kept in a
15 suitable place designated by the Department of Children and
16 Family Services or a licensed child welfare agency.
17 (8) Any interested party, including the State, the
18 temporary custodian, an agency providing services to the
19 minor or family under a service plan pursuant to Section 8.2
20 of the Abused and Neglected Child Reporting Act, foster
21 parent, or any of their representatives, may file a motion to
22 modify or vacate a temporary custody order on any of the
23 following grounds:
24 (a) It is no longer a matter of immediate and
25 urgent necessity that the minor remain in shelter care;
26 or
27 (b) There is a material change in the circumstances
28 of the natural family from which the minor was removed;
29 or
30 (c) A person, 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
34 and Family Services or a child welfare agency or other
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1 service provider have been successful in eliminating the
2 need for temporary custody.
3 The clerk shall set the matter for hearing not later than
4 14 days after such motion is filed. In the event that the
5 court modifies or vacates a temporary custody order but does
6 not vacate its finding of probable cause, the court may order
7 that appropriate services be continued or initiated in behalf
8 of the minor and his or her family.
9 (Source: P.A. 89-422; 89-507, eff. 7-1-97.)
10 (705 ILCS 405/4-11) (from Ch. 37, par. 804-11)
11 Sec. 4-11. Preliminary conferences.
12 (1) The court may authorize the probation officer to
13 confer in a preliminary conference with any person seeking to
14 file a petition under this Article, the prospective
15 respondents and other interested persons concerning the
16 advisability of filing the petition, with a view to adjusting
17 suitable cases without the filing of a petition as provided
18 for herein.
19 The probation officer should schedule a conference
20 promptly except where the State's Attorney insists on court
21 action or where the minor has indicated that he or she will
22 demand a judicial hearing and will not comply with an
23 informal adjustment.
24 (2) In any case of a minor who is in temporary custody,
25 the holding of preliminary conferences does not operate to
26 prolong temporary custody beyond the period permitted by
27 Section 4-8.
28 (3) This Section does not authorize any probation
29 officer to compel any person to appear at any conference,
30 produce any papers, or visit any place.
31 (4) No statement made during a preliminary conference
32 may be admitted into evidence at an adjudicatory hearing or
33 at any proceeding against the minor under the criminal laws
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1 of this State prior to his or her conviction thereunder.
2 (5) The probation officer shall promptly formulate a
3 written non-judicial adjustment plan following the initial
4 conference.
5 (6) Non-judicial adjustment plans include but are not
6 limited to the following:
7 (a) up to 6 months informal supervision within the
8 family;
9 (b) up to 12 months informal supervision with a
10 probation officer involved;
11 (c) up to 6 months informal supervision with
12 release to a person other than a parent;
13 (d) referral to special educational, counseling or
14 other rehabilitative social or educational programs;
15 (e) referral to residential treatment programs; and
16 (f) any other appropriate action with consent of
17 the minor and a parent.
18 (7) The factors to be considered by the probation
19 officer in formulating a written non-judicial adjustment plan
20 shall be the same as those limited in subsection (4) of
21 Section 5-405 5-6.
22 (Source: P.A. 89-198, eff. 7-21-95.)
23 (705 ILCS 405/Art. V, Part 1 heading new)
24 PART 1. GENERAL PROVISIONS
25 (705 ILCS 405/5-101 new)
26 Sec. 5-101. Purpose and policy.
27 (1) It is the intent of the General Assembly to promote
28 a juvenile justice system capable of dealing with the problem
29 of juvenile delinquency, a system that will protect the
30 community, impose accountability for violations of law and
31 equip juvenile offenders with competencies to live
32 responsibly and productively. To effectuate this intent, the
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1 General Assembly declares the following to be important
2 purposes of this Article:
3 (a) To protect citizens from juvenile crime.
4 (b) To hold each juvenile offender directly
5 accountable for his or her acts.
6 (c) To provide an individualized assessment of each
7 alleged and adjudicated delinquent juvenile, in order to
8 rehabilitate and to prevent further delinquent behavior
9 through the development of competency in the juvenile
10 offender. As used in this Section, "competency" means
11 the development of educational, vocational, social,
12 emotional and basic life skills which enable a minor to
13 mature into a productive member of society.
14 (d) To provide due process, as required by the
15 Constitutions of the United States and the State of
16 Illinois, through which each juvenile offender and all
17 other interested parties are assured fair hearings at
18 which legal rights are recognized and enforced.
19 (2) To accomplish these goals, juvenile justice policies
20 developed pursuant to this Article shall be designed to:
21 (a) Promote the development and implementation of
22 community-based programs designed to prevent unlawful and
23 delinquent behavior and to effectively minimize the depth
24 and duration of the minor's involvement in the juvenile
25 justice system;
26 (b) Provide secure confinement for minors who
27 present a danger to the community and make those minors
28 understand that sanctions for serious crimes,
29 particularly violent felonies, should be commensurate
30 with the seriousness of the offense and merit strong
31 punishment;
32 (c) Protect the community from crimes committed by
33 minors;
34 (d) Provide programs and services that are
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1 community-based and that are in close proximity to the
2 minor's home;
3 (e) Allow minors to reside within their homes
4 whenever possible and appropriate and provide support
5 necessary to make this possible;
6 (f) Base probation treatment planning upon
7 individual case management plans;
8 (g) Include the minor's family in the case
9 management plan;
10 (h) Provide supervision and service coordination
11 where appropriate; implement and monitor the case
12 management plan in order to discourage recidivism;
13 (i) Provide post-release services to minors who are
14 returned to their families and communities after
15 detention;
16 (j) Hold minors accountable for their unlawful
17 behavior and not allow minors to think that their
18 delinquent acts have no consequence for themselves and
19 others.
20 (3) In all procedures under this Article, minors shall
21 have all the procedural rights of adults in criminal
22 proceedings, unless specifically precluded by laws that
23 enhance the protection of such minors. Minors shall not have
24 the right to a jury trial unless specifically provided by
25 this Article.
26 (705 ILCS 405/5-105 new)
27 Sec. 5-105. Definitions. As used in this Article:
28 (1) "Court" means the circuit court in a session or
29 division assigned to hear proceedings under this Act, and
30 includes the term Juvenile Court.
31 (2) "Community service" means uncompensated labor for a
32 community service agency as hereinafter defined.
33 (2.5) "Community service agency" means a not-for-profit
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1 organization, community organization, public office, or other
2 public body whose purpose is to enhance the physical or
3 mental health of a delinquent minor or to rehabilitate the
4 minor, or to improve the environmental quality or social
5 welfare of the community which agrees to accept community
6 service from juvenile delinquents and to report on the
7 progress of the community service to the State's Attorney
8 pursuant to an agreement or to the court or to any agency
9 designated by the court if so ordered.
10 (3) "Delinquent minor" means any minor who prior to his
11 or her 17th birthday has violated or attempted to violate,
12 regardless of where the act occurred, any federal or State
13 law, county or municipal ordinance.
14 (4) "Department" means the Department of Human Services
15 unless specifically referenced as another department.
16 (5) "Detention" means the temporary care of a minor who
17 is alleged to be or has been adjudicated delinquent and who
18 requires secure custody for the minor's own protection or the
19 community's protection in a facility designed to physically
20 restrict the minor's movements, pending disposition by the
21 court or execution of an order of the court for placement or
22 commitment. Design features that physically restrict
23 movement include, but are not limited to, locked rooms and
24 the secure handcuffing of a minor to a rail or other
25 stationary object. In addition, "detention" includes the
26 court ordered care of an alleged or adjudicated delinquent
27 minor who requires secure custody pursuant to Section 5-125
28 of this Act.
29 (6) "Diversion" means the referral of a juvenile,
30 without court intervention, into a program that provides
31 services designed to educate the juvenile and develop a
32 productive and responsible approach to living in the
33 community.
34 (7) "Juvenile detention home" means a public facility
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1 with specially trained staff that conforms to the county
2 juvenile detention standards promulgated by the Department of
3 Corrections.
4 (8) "Juvenile justice continuum" means a set of
5 delinquency prevention programs and services designed for the
6 purpose of preventing or reducing delinquent acts, including
7 criminal activity by youth gangs, as well as intervention,
8 rehabilitation, and prevention services targeted at minors
9 who have committed delinquent acts, and minors who have
10 previously been committed to residential treatment programs
11 for delinquents. The term includes
12 children-in-need-of-services and families-in-need-of-services
13 programs; aftercare and reentry services; substance abuse and
14 mental health programs; community service programs; community
15 service work programs; and alternative-dispute resolution
16 programs serving youth-at-risk of delinquency and their
17 families, whether offered or delivered by State or local
18 governmental entities, public or private for-profit or
19 not-for-profit organizations, or religious or charitable
20 organizations. This term would also encompass any program or
21 service consistent with the purpose of those programs and
22 services enumerated in this subsection.
23 (9) "Juvenile police officer" means a sworn police
24 officer who has completed a Basic Recruit Training Course,
25 has been assigned to the position of juvenile police officer
26 by his or her chief law enforcement officer and has completed
27 the necessary juvenile officers training as prescribed by the
28 Illinois Law Enforcement Training Standards Board, or in the
29 case of a State police officer, juvenile officer training
30 approved by the Director of State Police.
31 (10) "Minor" means a person under the age of 21 years
32 subject to this Act.
33 (11) "Non-secure custody" means confinement where the
34 minor is not physically restricted by being placed in a
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1 locked cell or room, by being handcuffed to a rail or other
2 stationary object, or by other means. Non-secure custody may
3 include, but is not limited to, electronic monitoring, foster
4 home placement, home confinement, group home placement, or
5 physical restriction of movement or activity solely through
6 facility staff.
7 (12) "Public or community service" means uncompensated
8 labor for a non-profit organization or public body whose
9 purpose is to enhance physical or mental stability of the
10 offender, environmental quality or the social welfare and
11 which agrees to accept public or community service from
12 offenders and to report on the progress of the offender and
13 the public or community service to the court.
14 (13) "Sentencing hearing" means a hearing to determine
15 whether a minor should be adjudged a ward of the court, and
16 to determine what sentence should be imposed on the minor.
17 It is the intent of the General Assembly that the term
18 "sentencing hearing" replace the term "dispositional hearing"
19 and be synonymous with that definition as it was used in the
20 Juvenile Court Act of 1987.
21 (14) "Shelter" means the temporary care of a minor in
22 physically unrestricting facilities pending court disposition
23 or execution of court order for placement.
24 (15) "Site" means a non-profit organization or public
25 body agreeing to accept community service from offenders and
26 to report on the progress of ordered public or community
27 service to the court or its delegate.
28 (16) "Station adjustment" means the informal or formal
29 handling of an alleged offender by a juvenile police officer.
30 (17) "Trial" means a hearing to determine whether the
31 allegations of a petition under Section 5-520 that a minor is
32 delinquent are proved beyond a reasonable doubt. It is the
33 intent of the General Assembly that the term "trial" replace
34 the term "adjudicatory hearing" and be synonymous with that
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1 definition as it was used in the Juvenile Court Act of 1987.
2 (705 ILCS 405/5-110 new)
3 Sec. 5-110. Parental responsibility. This Article
4 recognizes the critical role families play in the
5 rehabilitation of delinquent juveniles. Parents, guardians
6 and legal custodians shall participate in the assessment and
7 treatment of juveniles by assisting the juvenile to recognize
8 and accept responsibility for his or her delinquent behavior.
9 The Court may order the parents, guardian or legal custodian
10 to take certain actions or to refrain from certain actions to
11 serve public safety, to develop competency of the minor, and
12 to promote accountability by the minor for his or her
13 actions.
14 (705 ILCS 405/5-115 new)
15 Sec. 5-115. Rights of victims. In all proceedings under
16 this Article, victims shall have the same rights of victims
17 in criminal proceedings as provided in the Bill of Rights for
18 Children and the Rights of Crime Victims and Witnesses Act.
19 (705 ILCS 405/5-120 new)
20 Sec. 5-120. Exclusive jurisdiction. Proceedings may be
21 instituted under the provisions of this Article concerning
22 any minor who prior to the minor's 17th birthday has violated
23 or attempted to violate, regardless of where the act
24 occurred, any federal or State law or municipal or county
25 ordinance. Except as provided in Sections 5-125, 5-130,
26 5-805, and 5-810 of this Article, no minor who was under 17
27 years of age at the time of the alleged offense may be
28 prosecuted under the criminal laws of this State.
29 (705 ILCS 405/5-125 new)
30 Sec. 5-125. Concurrent jurisdiction. Any minor alleged
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1 to have violated a traffic, boating, or fish and game law, or
2 a municipal or county ordinance, may be prosecuted for the
3 violation and if found guilty punished under any statute or
4 ordinance relating to the violation, without reference to the
5 procedures set out in this Article, except that any
6 detention, must be in compliance with this Article.
7 For the purpose of this Section, "traffic violation"
8 shall include a violation of Section 9-3 of the Criminal
9 Code of 1961 relating to the offense of reckless homicide,
10 Section 11-501 of the Illinois Vehicle Code, or any similar
11 county or municipal ordinance.
12 (705 ILCS 405/5-130 new)
13 Sec. 5-130. Excluded jurisdiction.
14 (1)(a) The definition of delinquent minor under Section
15 5-120 of this Article shall not apply to any minor who at the
16 time of an offense was at least 15 years of age and who is
17 charged with first degree murder, aggravated criminal sexual
18 assault, armed robbery when the armed robbery was committed
19 with a firearm, or aggravated vehicular hijacking when the
20 hijacking was committed with a firearm. These charges and all
21 other charges arising out of the same incident shall be
22 prosecuted under the criminal laws of this State.
23 (b) (i) If before trial or plea an information or
24 indictment is filed that does not charge an offense specified
25 in paragraph (a) of this subsection (1) the State's Attorney
26 may proceed on any lesser charge or charges, but only in
27 Juvenile Court under the provisions of this Article. The
28 State's Attorney may proceed under the Criminal Code of 1961
29 on a lesser charge if before trial the minor defendant
30 knowingly and with advice of counsel waives, in writing, his
31 or her right to have the matter proceed in Juvenile Court.
32 (ii) If before trial or plea an information or indictment
33 is filed that includes one or more charges specified in
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1 paragraph (a) of this subsection (1) and additional charges
2 that are not specified in that paragraph, all of the charges
3 arising out of the same incident shall be prosecuted under
4 the Criminal Code of 1961.
5 (c) (i) If after trial or plea the minor is convicted of
6 any offense covered by paragraph (a) of this subsection (1),
7 then, in sentencing the minor, the court shall have available
8 any or all dispositions prescribed for that offense under
9 Chapter V of the Unified Code of Corrections.
10 (ii) If after trial or plea the court finds that the
11 minor committed an offense not covered by paragraph (a) of
12 this subsection (1), that finding shall not invalidate the
13 verdict or the prosecution of the minor under the criminal
14 laws of the State; however, unless the State requests a
15 hearing for the purpose of sentencing the minor under Chapter
16 V of the Unified Code of Corrections, the Court must proceed
17 under Sections 5-705 and 5-710 of this Article. To request a
18 hearing, the State must file a written motion within 10 days
19 following the entry of a finding or the return of a verdict.
20 Reasonable notice of the motion shall be given to the minor
21 or his or her counsel. If the motion is made by the State,
22 the court shall conduct a hearing to determine if the minor
23 should be sentenced under Chapter V of the Unified Code of
24 Corrections. In making its determination, the court shall
25 consider among other matters: (a) whether there is evidence
26 that the offense was committed in an aggressive and
27 premeditated manner; (b) the age of the minor; (c) the
28 previous history of the minor; (d) whether there are
29 facilities particularly available to the Juvenile Court or
30 the Department of Corrections, Juvenile Division, for the
31 treatment and rehabilitation of the minor; (e) whether the
32 security of the public requires sentencing under Chapter V of
33 the Unified Code of Corrections; and (f) whether the minor
34 possessed a deadly weapon when committing the offense. The
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1 rules of evidence shall be the same as if at trial. If after
2 the hearing the court finds that the minor should be
3 sentenced under Chapter V of the Unified Code of Corrections,
4 then the court shall sentence the minor accordingly having
5 available to it any or all dispositions so prescribed.
6 (2)(a) The definition of a delinquent minor under
7 Section 5-120 of this Article shall not apply to any minor
8 who at the time of the offense was at least 15 years of age
9 and who is charged with an offense under Section 401 of the
10 Illinois Controlled Substances Act, while in a school,
11 regardless of the time of day or the time of year, or any
12 conveyance owned, leased or contracted by a school to
13 transport students to or from school or a school related
14 activity, or residential property owned, operated and managed
15 by a public housing agency, on the real property comprising
16 any school, regardless of the time of day or the time of
17 year, or residential property owned, operated and managed by
18 a public housing agency, or on a public way within 1,000 feet
19 of the real property comprising any school, regardless of the
20 time of day or the time of year, or residential property
21 owned, operated and managed by a public housing agency.
22 School is defined, for the purposes of this Section, as any
23 public or private elementary or secondary school, community
24 college, college, or university. These charges and all other
25 charges arising out of the same incident shall be prosecuted
26 under the criminal laws of this State.
27 (b) (i) If before trial or plea an information or
28 indictment is filed that does not charge an offense specified
29 in paragraph (a) of this subsection (2) the State's Attorney
30 may proceed on any lesser charge or charges, but only in
31 Juvenile Court under the provisions of this Article. The
32 State's Attorney may proceed under the criminal laws of this
33 State on a lesser charge if before trial the minor defendant
34 knowingly and with advice of counsel waives, in writing, his
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1 or her right to have the matter proceed in Juvenile Court.
2 (ii) If before trial or plea an information or indictment
3 is filed that includes one or more charges specified in
4 paragraph (a) of this subsection (2) and additional charges
5 that are not specified in that paragraph, all of the charges
6 arising out of the same incident shall be prosecuted under
7 the criminal laws of this State.
8 (c) (i) If after trial or plea the minor is convicted of
9 any offense covered by paragraph (a) of this subsection (2),
10 then, in sentencing the minor, the court shall have available
11 any or all dispositions prescribed for that offense under
12 Chapter V of the Unified Code of Corrections.
13 (ii) If after trial or plea the court finds that the
14 minor committed an offense not covered by paragraph (a) of
15 this subsection (2), that finding shall not invalidate the
16 verdict or the prosecution of the minor under the criminal
17 laws of the State; however, unless the State requests a
18 hearing for the purpose of sentencing the minor under Chapter
19 V of the Unified Code of Corrections, the Court must proceed
20 under Sections 5-705 and 5-710 of this Article. To request a
21 hearing, the State must file a written motion within 10 days
22 following the entry of a finding or the return of a verdict.
23 Reasonable notice of the motion shall be given to the minor
24 or his or her counsel. If the motion is made by the State,
25 the court shall conduct a hearing to determine if the minor
26 should be sentenced under Chapter V of the Unified Code of
27 Corrections. In making its determination, the court shall
28 consider among other matters: (a) whether there is evidence
29 that the offense was committed in an aggressive and
30 premeditated manner; (b) the age of the minor; (c) the
31 previous history of the minor; (d) whether there are
32 facilities particularly available to the Juvenile Court or
33 the Department of Corrections, Juvenile Division, for the
34 treatment and rehabilitation of the minor; (e) whether the
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1 security of the public requires sentencing under Chapter V of
2 the Unified Code of Corrections; and (f) whether the minor
3 possessed a deadly weapon when committing the offense. The
4 rules of evidence shall be the same as if at trial. If after
5 the hearing the court finds that the minor should be
6 sentenced under Chapter V of the Unified Code of Corrections,
7 then the court shall sentence the minor accordingly having
8 available to it any or all dispositions so prescribed.
9 (3) (a) The definition of delinquent minor under Section
10 5-120 of this Article shall not apply to any minor who at the
11 time of the offense was at least 15 years of age and who is
12 charged with a violation of the provisions of paragraph (1),
13 (3), (4), or (10) of subsection (a) of Section 24-1 of the
14 Criminal Code of 1961 while in school, regardless of the time
15 of day or the time of year, or on the real property
16 comprising any school, regardless of the time of day or the
17 time of year. School is defined, for purposes of this Section
18 as any public or private elementary or secondary school,
19 community college, college, or university. These charges and
20 all other charges arising out of the same incident shall be
21 prosecuted under the criminal laws of this State.
22 (b) (i) If before trial or plea an information or
23 indictment is filed that does not charge an offense specified
24 in paragraph (a) of this subsection (3) the State's Attorney
25 may proceed on any lesser charge or charges, but only in
26 Juvenile Court under the provisions of this Article. The
27 State's Attorney may proceed under the criminal laws of this
28 State on a lesser charge if before trial the minor defendant
29 knowingly and with advice of counsel waives, in writing, his
30 or her right to have the matter proceed in Juvenile Court.
31 (ii) If before trial or plea an information or indictment
32 is filed that includes one or more charges specified in
33 paragraph (a) of this subsection (3) and additional charges
34 that are not specified in that paragraph, all of the charges
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1 arising out of the same incident shall be prosecuted under
2 the criminal laws of this State.
3 (c) (i) If after trial or plea the minor is convicted of
4 any offense covered by paragraph (a) of this subsection (3),
5 then, in sentencing the minor, the court shall have available
6 any or all dispositions prescribed for that offense under
7 Chapter V of the Unified Code of Corrections.
8 (ii) If after trial or plea the court finds that the
9 minor committed an offense not covered by paragraph (a) of
10 this subsection (3), that finding shall not invalidate the
11 verdict or the prosecution of the minor under the criminal
12 laws of the State; however, unless the State requests a
13 hearing for the purpose of sentencing the minor under Chapter
14 V of the Unified Code of Corrections, the Court must proceed
15 under Sections 5-705 and 5-710 of this Article. To request a
16 hearing, the State must file a written motion within 10 days
17 following the entry of a finding or the return of a verdict.
18 Reasonable notice of the motion shall be given to the minor
19 or his or her counsel. If the motion is made by the State,
20 the court shall conduct a hearing to determine if the minor
21 should be sentenced under Chapter V of the Unified Code of
22 Corrections. In making its determination, the court shall
23 consider among other matters: (a) whether there is evidence
24 that the offense was committed in an aggressive and
25 premeditated manner; (b) the age of the minor; (c) the
26 previous history of the minor; (d) whether there are
27 facilities particularly available to the Juvenile Court or
28 the Department of Corrections, Juvenile Division, for the
29 treatment and rehabilitation of the minor; (e) whether the
30 security of the public requires sentencing under Chapter V of
31 the Unified Code of Corrections; and (f) whether the minor
32 possessed a deadly weapon when committing the offense. The
33 rules of evidence shall be the same as if at trial. If after
34 the hearing the court finds that the minor should be
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1 sentenced under Chapter V of the Unified Code of Corrections,
2 then the court shall sentence the minor accordingly having
3 available to it any or all dispositions so prescribed.
4 (4)(a) The definition of delinquent minor under Section
5 5-120 of this Article shall not apply to any minor who at the
6 time of an offense was at least 13 years of age and who is
7 charged with first degree murder committed during the course
8 of either aggravated criminal sexual assault, criminal sexual
9 assault, or aggravated kidnaping. However, this subsection
10 (4) does not include a minor charged with first degree murder
11 based exclusively upon the accountability provisions of the
12 Criminal Code of 1961.
13 (b) (i) If before trial or plea an information or
14 indictment is filed that does not charge first degree murder
15 committed during the course of aggravated criminal sexual
16 assault, criminal sexual assault, or aggravated kidnaping,
17 the State's Attorney may proceed on any lesser charge or
18 charges, but only in Juvenile Court under the provisions of
19 this Article. The State's Attorney may proceed under the
20 criminal laws of this State on a lesser charge if before
21 trial the minor defendant knowingly and with advice of
22 counsel waives, in writing, his or her right to have the
23 matter proceed in Juvenile Court.
24 (ii) If before trial or plea an information or indictment
25 is filed that includes first degree murder committed during
26 the course of aggravated criminal sexual assault, criminal
27 sexual assault, or aggravated kidnaping, and additional
28 charges that are not specified in paragraph (a) of this
29 subsection, all of the charges arising out of the same
30 incident shall be prosecuted under the criminal laws of this
31 State.
32 (c) (i) If after trial or plea the minor is convicted of
33 first degree murder committed during the course of aggravated
34 criminal sexual assault, criminal sexual assault, or
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1 aggravated kidnaping, in sentencing the minor, the court
2 shall have available any or all dispositions prescribed for
3 that offense under Chapter V of the Unified Code of
4 Corrections.
5 (ii) If the minor was not yet 15 years of age at the time
6 of the offense, and if after trial or plea the court finds
7 that the minor committed an offense other than first degree
8 murder committed during the course of either aggravated
9 criminal sexual assault, criminal sexual assault, or
10 aggravated kidnapping, the finding shall not invalidate the
11 verdict or the prosecution of the minor under the criminal
12 laws of the State; however, unless the State requests a
13 hearing for the purpose of sentencing the minor under Chapter
14 V of the Unified Code of Corrections, the Court must proceed
15 under Sections 5-705 and 5-710 of this Article. To request a
16 hearing, the State must file a written motion within 10 days
17 following the entry of a finding or the return of a verdict.
18 Reasonable notice of the motion shall be given to the minor
19 or his or her counsel. If the motion is made by the State,
20 the court shall conduct a hearing to determine whether the
21 minor should be sentenced under Chapter V of the Unified Code
22 of Corrections. In making its determination, the court shall
23 consider among other matters: (a) whether there is evidence
24 that the offense was committed in an aggressive and
25 premeditated manner; (b) the age of the minor; (c) the
26 previous delinquent history of the minor; (d) whether there
27 are facilities particularly available to the Juvenile Court
28 or the Department of Corrections, Juvenile Division, for the
29 treatment and rehabilitation of the minor; (e) whether the
30 best interest of the minor and the security of the public
31 require sentencing under Chapter V of the Unified Code of
32 Corrections; and (f) whether the minor possessed a deadly
33 weapon when committing the offense. The rules of evidence
34 shall be the same as if at trial. If after the hearing the
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1 court finds that the minor should be sentenced under Chapter
2 V of the Unified Code of Corrections, then the court shall
3 sentence the minor accordingly having available to it any or
4 all dispositions so prescribed.
5 (5)(a) The definition of delinquent minor under Section
6 5-120 of this Article shall not apply to any minor who is
7 charged with a violation of subsection (a) of Section 31-6 or
8 Section 32-10 of the Criminal Code of 1961 when the minor is
9 subject to prosecution under the criminal laws of this State
10 as a result of the application of the provisions of Section
11 5-125, or subsection (1) or (2) of this Section. These
12 charges and all other charges arising out of the same
13 incident shall be prosecuted under the criminal laws of this
14 State.
15 (b) (i) If before trial or plea an information or
16 indictment is filed that does not charge an offense specified
17 in paragraph (a) of this subsection (5), the State's Attorney
18 may proceed on any lesser charge or charges, but only in
19 Juvenile Court under the provisions of this Article. The
20 State's Attorney may proceed under the criminal laws of this
21 State on a lesser charge if before trial the minor defendant
22 knowingly and with advice of counsel waives, in writing, his
23 or her right to have the matter proceed in Juvenile Court.
24 (ii) If before trial or plea an information or indictment
25 is filed that includes one or more charges specified in
26 paragraph (a) of this subsection (5) and additional charges
27 that are not specified in that paragraph, all of the charges
28 arising out of the same incident shall be prosecuted under
29 the criminal laws of this State.
30 (c) (i) If after trial or plea the minor is convicted of
31 any offense covered by paragraph (a) of this subsection (5),
32 then, in sentencing the minor, the court shall have available
33 any or all dispositions prescribed for that offense under
34 Chapter V of the Unified Code of Corrections.
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1 (ii) If after trial or plea the court finds that the
2 minor committed an offense not covered by paragraph (a) of
3 this subsection (5), the conviction shall not invalidate the
4 verdict or the prosecution of the minor under the criminal
5 laws of this State; however, unless the State requests a
6 hearing for the purpose of sentencing the minor under Chapter
7 V of the Unified Code of Corrections, the Court must proceed
8 under Sections 5-705 and 5-710 of this Article. To request a
9 hearing, the State must file a written motion within 10 days
10 following the entry of a finding or the return of a verdict.
11 Reasonable notice of the motion shall be given to the minor
12 or his or her counsel. If the motion is made by the State,
13 the court shall conduct a hearing to determine if whether the
14 minor should be sentenced under Chapter V of the Unified Code
15 of Corrections. In making its determination, the court shall
16 consider among other matters: (a) whether there is evidence
17 that the offense was committed in an aggressive and
18 premeditated manner; (b) the age of the minor; (c) the
19 previous delinquent history of the minor; (d) whether there
20 are facilities particularly available to the Juvenile Court
21 or the Department of Corrections, Juvenile Division, for the
22 treatment and rehabilitation of the minor; (e) whether the
23 security of the public requires sentencing under Chapter V of
24 the Unified Code of Corrections; and (f) whether the minor
25 possessed a deadly weapon when committing the offense. The
26 rules of evidence shall be the same as if at trial. If after
27 the hearing the court finds that the minor should be
28 sentenced under Chapter V of the Unified Code of Corrections,
29 then the court shall sentence the minor accordingly having
30 available to it any or all dispositions so prescribed.
31 (6) The definition of delinquent minor under Section
32 5-120 of this Article shall not apply to any minor who,
33 pursuant to subsection (1), (2), or (3) or Section 5-805, or
34 5-810, has previously been placed under the jurisdiction of
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1 the criminal court and has been convicted of a crime under an
2 adult criminal or penal statute. Such a minor shall be
3 subject to prosecution under the criminal laws of this State.
4 (7) The procedures set out in this Article for the
5 investigation, arrest and prosecution of juvenile offenders
6 shall not apply to minors who are excluded from jurisdiction
7 of the Juvenile Court, except that minors under 17 years of
8 age shall be kept separate from confined adults.
9 (8) Nothing in this Act prohibits or limits the
10 prosecution of any minor for an offense committed on or after
11 his or her 17th birthday even though he or she is at the time
12 of the offense a ward of the court.
13 (9) If an original petition for adjudication of wardship
14 alleges the commission by a minor 13 years of age or over of
15 an act that constitutes a crime under the laws of this State,
16 the minor, with the consent of his or her counsel, may, at
17 any time before commencement of the adjudicatory hearing,
18 file with the court a motion that criminal prosecution be
19 ordered and that the petition be dismissed insofar as the act
20 or acts involved in the criminal proceedings are concerned.
21 If such a motion is filed as herein provided, the court shall
22 enter its order accordingly.
23 (705 ILCS 405/5-135 new)
24 Sec. 5-135. Venue.
25 (1) Venue under this Article lies in the county where
26 the minor resides, where the alleged violation or attempted
27 violation of federal, State, county or municipal ordinance
28 occurred or in the county where the order of the court,
29 alleged to have been violated by the minor, was made unless
30 subsequent to the order the proceedings have been transferred
31 to another county.
32 (2) If proceedings are commenced in any county other
33 than that of the minor's residence, the court in which the
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1 proceedings were initiated may at any time before or after
2 adjudication of wardship transfer the case to the county of
3 the minor's residence by transmitting to the court in that
4 county an authenticated copy of the court record, including
5 all documents, petitions and orders filed in that court, a
6 copy of all reports prepared by the agency providing services
7 to the minor, and the minute orders and docket entries of the
8 court. Transfer in like manner may be made in the event of a
9 change of residence from one county to another of a minor
10 concerning whom proceedings are pending.
11 (705 ILCS 405/5-140 new)
12 Sec. 5-140. Legislative findings.
13 (a) The General Assembly finds that a substantial and
14 disproportionate amount of serious crime is committed by a
15 relatively small number of juvenile offenders, otherwise
16 known as serious habitual offenders. By this amendatory Act
17 of 1998, the General Assembly intends to support the efforts
18 of the juvenile justice system comprised of law enforcement,
19 state's attorneys, probation departments, juvenile courts,
20 social service providers, and schools in the early
21 identification and treatment of habitual juvenile offenders.
22 The General Assembly further supports increased interagency
23 efforts to gather comprehensive data and actively disseminate
24 the data to the agencies in the juvenile justice system to
25 produce more informed decisions by all entities in that
26 system.
27 (b) The General Assembly finds that the establishment of
28 a Serious Habitual Offender Comprehensive Action Program
29 throughout the State of Illinois is necessary to effectively
30 intensify the supervision of serious habitual juvenile
31 offenders in the community and to enhance current
32 rehabilitative efforts. A cooperative and coordinated
33 multi-disciplinary approach will increase the opportunity for
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1 success with juvenile offenders and assist in the development
2 of early intervention strategies.
3 (705 ILCS 405/5-145 new)
4 Sec. 5-145. Cooperation of agencies; Serious Habitual
5 Offender Comprehensive Action Program.
6 (a) The Serious Habitual Offender Comprehensive Action
7 Program (SHOCAP) is a multi-disciplinary interagency case
8 management and information sharing system that enables the
9 juvenile justice system, schools, and social service agencies
10 to make more informed decisions regarding a small number of
11 juveniles who repeatedly commit serious delinquent acts.
12 (b) Each county in the State of Illinois, other than
13 Cook County, may establish a multi-disciplinary agency
14 (SHOCAP) committee. In Cook County, each subcircuit or group
15 of subcircuits may establish a multi-disciplinary agency
16 (SHOCAP) committee. The committee shall consist of
17 representatives from the following agencies: local law
18 enforcement, area school district, state's attorney's office,
19 and court services (probation).
20 The chairman may appoint additional members to the
21 committee as deemed appropriate to accomplish the goals of
22 this program, including, but not limited to, representatives
23 from the juvenile detention center, mental health, the
24 Illinois Department of Children and Family Services,
25 Department of Human Services and community representatives at
26 large.
27 (c) The SHOCAP committee shall adopt, by a majority of
28 the members:
29 (1) criteria that will identify those who qualify
30 as a serious habitual juvenile offender; and
31 (2) a written interagency information sharing
32 agreement to be signed by the chief executive officer of
33 each of the agencies represented on the committee. The
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1 interagency information sharing agreement shall include a
2 provision that requires that all records pertaining to a
3 serious habitual offender (SHO) shall be confidential.
4 Disclosure of information may be made to other staff from
5 member agencies as authorized by the SHOCAP committee for
6 the furtherance of case management and tracking of the
7 SHO. Staff from the member agencies who receive this
8 information shall be governed by the confidentiality
9 provisions of this Act. The staff from the member
10 agencies who will qualify to have access to the SHOCAP
11 information must be limited to those individuals who
12 provide direct services to the SHO or who provide
13 supervision of the SHO.
14 (d) The Chief Juvenile Circuit Judge, or the Chief
15 Circuit Judge, or his or her designee, may issue a
16 comprehensive information sharing court order. The court
17 order shall allow agencies who are represented on the SHOCAP
18 committee and whose chief executive officer has signed the
19 interagency information sharing agreement to provide and
20 disclose information to the SHOCAP committee. The sharing of
21 information will ensure the coordination and cooperation of
22 all agencies represented in providing case management and
23 enhancing the effectiveness of the SHOCAP efforts.
24 (e) Any person or agency who is participating in good
25 faith in the sharing of SHOCAP information under this Act
26 shall have immunity from any liability, civil, criminal, or
27 otherwise, that might result by reason of the type of
28 information exchanged. For the purpose of any proceedings,
29 civil or criminal, the good faith of any person or agency
30 permitted to share SHOCAP information under this Act shall be
31 presumed.
32 (f) All reports concerning SHOCAP clients made available
33 to members of the SHOCAP committee and all records generated
34 from these reports shall be confidential and shall not be
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1 disclosed, except as specifically authorized by this Act or
2 other applicable law. It is a Class A misdemeanor to permit,
3 assist, or encourage the unauthorized release of any
4 information contained in SHOCAP reports or records.
5 (705 ILCS 405/5-150 new)
6 Sec. 5-150. Admissibility of evidence and adjudications
7 in other proceedings.
8 (1) Evidence and adjudications in proceedings under this
9 Act shall be admissible:
10 (a) in subsequent proceedings under this Act
11 concerning the same minor; or
12 (b) in criminal proceedings when the court is to
13 determine the amount of bail, fitness of the defendant or
14 in sentencing under the Unified Code of Corrections; or
15 (c) in proceedings under this Act or in criminal
16 proceedings in which anyone who has been adjudicated
17 delinquent under Section 5-105 is to be a witness
18 including the minor or defendant if he or she testifies,
19 and then only for purposes of impeachment and pursuant to
20 the rules of evidence for criminal trials; or
21 (d) in civil proceedings concerning causes of
22 action arising out of the incident or incidents which
23 initially gave rise to the proceedings under this Act.
24 (2) No adjudication or disposition under this Act shall
25 operate to disqualify a minor from subsequently holding
26 public office nor shall operate as a forfeiture of any right,
27 privilege or right to receive any license granted by public
28 authority.
29 (3) The court which adjudicated that a minor has
30 committed any offense relating to motor vehicles prescribed
31 in Sections 4-102 and 4-103 of the Illinois Vehicle Code
32 shall notify the Secretary of State of that adjudication and
33 the notice shall constitute sufficient grounds for revoking
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1 that minor's driver's license or permit as provided in
2 Section 6-205 of the Illinois Vehicle Code; no minor shall be
3 considered a criminal by reason thereof, nor shall any such
4 adjudication be considered a conviction.
5 (705 ILCS 405/5-155 new)
6 Sec. 5-155. Any weapon in possession of a minor found to
7 be a delinquent under Section 5-105 for an offense involving
8 the use of a weapon or for being in possession of a weapon
9 during the commission of an offense shall be confiscated and
10 disposed of by the juvenile court whether the weapon is the
11 property of the minor or his or her parent or guardian.
12 Disposition of the weapon by the court shall be in accordance
13 with Section 24-6 of the Criminal Code of 1961.
14 (705 ILCS 405/Art. V, Part 2 heading new)
15 PART 2. ADMINISTRATION OF JUVENILE JUSTICE
16 CONTINUUM FOR DELINQUENCY PREVENTION
17 (705 ILCS 405/5-201 new)
18 Sec. 5-201. Legislative declaration. The General
19 Assembly recognizes that, despite the large investment of
20 resources committed to address the needs of the juvenile
21 justice system of this State, cost of juvenile crime
22 continues to drain the State's existing financial capacity,
23 and exacts traumatic and tragic physical, psychological and
24 economic damage to victims. The General Assembly further
25 recognizes that many adults in the criminal justice system
26 were once delinquents in the juvenile justice system. The
27 General Assembly also recognizes that the most effective
28 juvenile delinquency programs are programs that not only
29 prevent children from entering the juvenile justice system,
30 but also meet local community needs and have substantial
31 community involvement and support. Therefore, it is the
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1 belief of the General Assembly that one of the best
2 investments of the scarce resources available to combat crime
3 is in the prevention of delinquency, including prevention of
4 criminal activity by youth gangs. It is the intent of the
5 General Assembly to authorize and encourage each of the
6 counties of the State to establish a comprehensive juvenile
7 justice plan based upon the input of representatives of every
8 affected public or private entity, organization, or group.
9 It is the further intent of the General Assembly that
10 representatives of school systems, the judiciary, law
11 enforcement, and the community acquire a thorough
12 understanding of the role and responsibility that each has in
13 addressing juvenile crime in the community, that the county
14 juvenile justice plan reflect an understanding of the legal
15 and fiscal limits within which the plan must be implemented,
16 and that willingness of the parties to cooperate and
17 collaborate in implementing the plan be explicitly stated.
18 It is the further intent of the General Assembly that county
19 juvenile justice plans form the basis of regional and State
20 juvenile justice plans and that the prevention and treatment
21 resources at the county, regional, and State levels be
22 utilized to the maximum extent possible to implement and
23 further the goals of their respective plans.
24 (705 ILCS 405/Art. V, Part 3 heading new)
25 PART 3. IMMEDIATE INTERVENTION PROCEDURES
26 (705 ILCS 405/5-300 new)
27 Sec. 5-300. Legislative Declaration. The General
28 Assembly recognizes that a major component of any continuum
29 for delinquency prevention is a series of immediate
30 interaction programs. It is the belief of the General
31 Assembly that each community or group of communities is best
32 suited to develop and implement immediate intervention
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1 programs to identify and redirect delinquent youth. The
2 following programs and procedures for immediate intervention
3 are authorized options for communities, and are not intended
4 to be exclusive or mandated.
5 (705 ILCS 405/5-301 new)
6 Sec. 5-301. Station adjustments. A minor arrested for
7 any offense or a violation of a condition of previous station
8 adjustment may receive a station adjustment for that arrest
9 as provided herein. In deciding whether to impose a station
10 adjustment, either informal or formal, a juvenile police
11 officer shall consider the following factors:
12 (A) The seriousness of the alleged offense.
13 (B) The prior history of delinquency of the minor.
14 (C) The age of the minor.
15 (D) The culpability of the minor in committing the
16 alleged offense.
17 (E) Whether the offense was committed in an aggressive
18 or premeditated manner.
19 (F) Whether the minor used or possessed a deadly weapon
20 when committing the alleged offenses.
21 (1) Informal station adjustment.
22 (a) An informal station adjustment is defined as a
23 procedure when a juvenile police officer determines that
24 there is probable cause to believe that the minor has
25 committed an offense.
26 (b) A minor shall receive no more than 3 informal
27 station adjustments statewide for a misdemeanor offense
28 within 3 years without prior approval from the State's
29 Attorney's Office.
30 (c) A minor shall receive no more than 3 informal
31 station adjustments statewide for a felony offense within
32 3 years without prior approval from the State's
33 Attorney's Office.
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1 (d) A minor shall receive a combined total of no
2 more than 5 informal station adjustments statewide during
3 his or her minority.
4 (e) The juvenile police officer may make reasonable
5 conditions of an informal station adjustment which may
6 include but are not limited to:
7 (i) Curfew.
8 (ii) Conditions restricting entry into
9 designated geographical areas.
10 (iii) No contact with specified persons.
11 (iv) School attendance.
12 (v) Performing up to 25 hours of community
13 service work.
14 (vi) Community mediation.
15 (vii) Teen court or a peer court.
16 (viii) Restitution limited to 90 days.
17 (f) If the minor refuses or fails to abide by the
18 conditions of an informal station adjustment, the
19 juvenile police officer may impose a formal station
20 adjustment or refer the matter to the State's Attorney's
21 Office.
22 (g) An informal station adjustment does not
23 constitute an adjudication of delinquency or a criminal
24 conviction. Beginning January 1, 2000, a record shall
25 be maintained with the Department of State Police for
26 informal station adjustments for offenses that would be a
27 felony if committed by an adult, and may be maintained if
28 the offense would be a misdemeanor.
29 (2) Formal station adjustment.
30 (a) A formal station adjustment is defined as a
31 procedure when a juvenile police officer determines that
32 there is probable cause to believe the minor has
33 committed an offense and an admission by the minor of
34 involvement in the offense.
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1 (b) The minor and parent, guardian, or legal
2 custodian must agree in writing to the formal station
3 adjustment and must be advised of the consequences of
4 violation of any term of the agreement.
5 (c) The minor and parent, guardian or legal
6 custodian shall be provided a copy of the signed
7 agreement of the formal station adjustment. The
8 agreement shall include:
9 (i) The offense which formed the basis of the
10 formal station adjustment.
11 (ii) An acknowledgment that the terms of the
12 formal station adjustment and the consequences for
13 violation have been explained.
14 (iii) An acknowledgment that the formal
15 station adjustments record may be expunged under
16 Section 5-915 of this Act.
17 (iv) An acknowledgement that the minor
18 understands that his or her admission of involvement
19 in the offense may be admitted into evidence in
20 future court hearings.
21 (v) A statement that all parties understand
22 the terms and conditions of formal station
23 adjustment and agree to the formal station
24 adjustment process.
25 (d) Conditions of the formal station adjustment may
26 include, but are not be limited to:
27 (i) The time shall not exceed 120 days.
28 (ii) The minor shall not violate any laws.
29 (iii) The juvenile police officer may require
30 the minor to comply with additional conditions for
31 the formal station adjustment which may include but
32 are not limited to:
33 (a) Attending school.
34 (b) Abiding by a set curfew.
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1 (c) Payment of restitution.
2 (d) Refraining from possessing a firearm
3 or other weapon.
4 (e) Reporting to a police officer at
5 designated times and places, including
6 reporting and verification that the minor is at
7 home at designated hours.
8 (f) Performing up to 25 hours of
9 community service work.
10 (g) Refraining from entering designated
11 geographical areas.
12 (h) Participating in community mediation.
13 (i) Participating in teen court or peer
14 court.
15 (j) Refraining from contact with
16 specified persons.
17 (e) A formal station adjustment does not
18 constitute an adjudication of delinquency or a criminal
19 conviction. Beginning January 1, 2000, a record shall be
20 maintained with the Department of State Police for formal
21 station adjustments.
22 (f) A minor or the minor's parent, guardian, or
23 legal custodian, or both the minor and the minor's
24 parent, guardian, or legal custodian, may refuse a formal
25 station adjustment and have the matter referred for court
26 action or other appropriate action.
27 (g) A minor or the minor's parent, guardian, or
28 legal custodian, or both the minor and the minor's
29 parent, guardian, or legal custodian, may within 30 days
30 of the commencement of the formal station adjustment
31 revoke their consent and have the matter referred for
32 court action or other appropriate action. This
33 revocation must be in writing and personally served upon
34 the police officer or his or her supervisor.
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1 (h) The admission of the minor as to involvement in
2 the offense shall be admissible at further court hearings
3 as long as the statement would be admissible under the
4 rules of evidence.
5 (i) If the minor violates any term or condition of
6 the formal station adjustment the juvenile police officer
7 shall provide written notice of violation to the minor
8 and the minor's parent, guardian, or legal custodian.
9 After consultation with the minor and the minor's parent,
10 guardian, or legal custodian, the juvenile police officer
11 may take any of the following steps upon violation:
12 (i) Warn the minor of consequences of
13 continued violations and continue the formal station
14 adjustment.
15 (ii) Extend the period of the formal station
16 adjustment up to a total of 180 days.
17 (iii) Extend the hours of community service
18 work up to a total of 40 hours.
19 (iv) Terminate the formal station adjustment
20 unsatisfactorily and take no other action.
21 (v) Terminate the formal station adjustment
22 unsatisfactorily and refer the matter to the
23 juvenile court.
24 (j) A minor shall receive no more than 2 formal
25 station adjustments statewide for a felony offense
26 without the State's Attorney's approval within a 3 year
27 period.
28 (k) A minor shall receive no more than 3 formal
29 station adjustments statewide for a misdemeanor offense
30 without the State's Attorney's approval within a 3 year
31 period.
32 (l) The total for formal station adjustments
33 statewide within the period of minority may not exceed 4
34 without the State's Attorney's approval.
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1 (m) If the minor is arrested in a jurisdiction
2 where the minor does not reside, the formal station
3 adjustment may be transferred to the jurisdiction where
4 the minor does reside upon written agreement of that
5 jurisdiction to monitor the formal station adjustment.
6 (3) Beginning January 1, 2000, the juvenile police
7 officer making a station adjustment shall assure that
8 information about any offense which would constitute a felony
9 if committed by an adult and may assure that information
10 about a misdemeanor is transmitted to the Department of State
11 Police.
12 (4) The total number of station adjustments, both formal
13 and informal, shall not exceed 9 without the State's
14 Attorney's approval for any minor arrested anywhere in the
15 State.
16 (705 ILCS 405/5-305 new)
17 Sec. 5-305. Probation adjustment.
18 (1) The court may authorize the probation officer to
19 confer in a preliminary conference with a minor who is
20 alleged to have committed an offense, his or her parent,
21 guardian or legal custodian, the victim, the juvenile police
22 officer, the State's Attorney, and other interested persons
23 concerning the advisability of filing a petition under
24 Section 5-520, with a view to adjusting suitable cases
25 without the filing of a petition as provided for in this
26 Article, the probation officer should schedule a conference
27 promptly except when the State's Attorney insists on court
28 action or when the minor has indicated that he or she will
29 demand a judicial hearing and will not comply with a
30 probation adjustment.
31 (1-b) In any case of a minor who is in custody, the
32 holding of a probation adjustment conference does not operate
33 to prolong temporary custody beyond the period permitted by
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1 Section 5-415.
2 (2) This Section does not authorize any probation
3 officer to compel any person to appear at any conference,
4 produce any papers, or visit any place.
5 (3) No statement made during a preliminary conference in
6 regard to the offense that is the subject of the conference
7 may be admitted into evidence at an adjudicatory hearing or
8 at any proceeding against the minor under the criminal laws
9 of this State prior to his or her conviction under those
10 laws.
11 (4) When a probation adjustment is appropriate, the
12 probation officer shall promptly formulate a written,
13 non-judicial adjustment plan following the initial
14 conference.
15 (5) Non-judicial probation adjustment plans include but
16 are not limited to the following:
17 (a) up to 6 months informal supervision within the
18 family;
19 (b) up to 12 months informal supervision with a
20 probation officer involved;
21 (c) up to 6 months informal supervision with
22 release to a person other than a parent;
23 (d) referral to special educational, counseling, or
24 other rehabilitative social or educational programs;
25 (e) referral to residential treatment programs;
26 (f) participation in a public or community service
27 program or activity; and
28 (g) any other appropriate action with the consent
29 of the minor and a parent.
30 (6) The factors to be considered by the probation
31 officer in formulating a non-judicial probation adjustment
32 plan shall be the same as those limited in subsection (4) of
33 Section 5-405.
34 (7) Beginning January 1, 2000, the probation officer
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1 who imposes a probation adjustment plan shall assure that
2 information about an offense which would constitute a felony
3 if committed by an adult, and may assure that information
4 about a misdemeanor offense, is transmitted to the Department
5 of State Police.
6 (705 ILCS 405/5-310 new)
7 Sec. 5-310. Community mediation program.
8 (1) Program purpose. The purpose of community mediation
9 is to provide a system by which minors who commit delinquent
10 acts may be dealt with in a speedy and informal manner at the
11 community or neighborhood level. The goal is to make the
12 juvenile understand the seriousness of his or her actions and
13 the effect that a crime has on the minor, his or her family,
14 his or her victim and his or her community. In addition, this
15 system offers a method to reduce the ever-increasing
16 instances of delinquent acts while permitting the judicial
17 system to deal effectively with cases that are more serious
18 in nature.
19 (2) Community mediation panels. The State's Attorney, or
20 an entity designated by the State's Attorney, may establish
21 community mediation programs designed to provide citizen
22 participation in addressing juvenile delinquency. The
23 State's Attorney, or his or her designee, shall maintain a
24 list of qualified persons who have agreed to serve as
25 community mediators. To the maximum extent possible, panel
26 membership shall reflect the social-economic, racial and
27 ethnic make-up of the community in which the panel sits. The
28 panel shall consist of members with a diverse background in
29 employment, education and life experience.
30 (3) Community mediation cases.
31 (a) Community mediation programs shall provide one
32 or more community mediation panels to informally hear
33 cases that are referred by a police officer as a station
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1 adjustment, or a probation officer as a probation
2 adjustment, or referred by the State's Attorney as a
3 diversion from prosecution.
4 (b) Minors who are offered the opportunity to
5 participate in the program must admit responsibility for
6 the offense to be eligible for the program.
7 (4) Disposition of cases. Subsequent to any hearing
8 held, the community mediation panel may:
9 (a) Refer the minor for placement in a
10 community-based nonresidential program.
11 (b) Refer the minor or the minor's family to
12 community counseling.
13 (c) Require the minor to perform up to 100 hours of
14 community service.
15 (d) Require the minor to make restitution in money
16 or in kind in a case involving property damage; however,
17 the amount of restitution shall not exceed the amount of
18 actual damage to property.
19 (e) Require the minor and his or her parent,
20 guardian, or legal custodian to undergo an approved
21 screening for substance abuse or use, or both. If the
22 screening indicates a need, a drug and alcohol assessment
23 of the minor and his or her parent, guardian, or legal
24 custodian shall be conducted by an entity licensed by the
25 Department of Human Services, as a successor to the
26 Department of Alcoholism and Substance Abuse. The minor
27 and his or her parent, guardian, or legal custodian shall
28 adhere to and complete all recommendations to obtain drug
29 and alcohol treatment and counseling resulting from the
30 assessment.
31 (f) Require the minor to attend school.
32 (g) Require the minor to attend tutorial sessions.
33 (h) Impose any other restrictions or sanctions that
34 are designed to encourage responsible and acceptable
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1 behavior and are agreed upon by the participants of the
2 community mediation proceedings.
3 (5) The agreement shall run no more than 6 months. All
4 community mediation panel members and observers are required
5 to sign the following oath of confidentiality prior to
6 commencing community mediation proceedings:
7 "I solemnly swear or affirm that I will not
8 divulge, either by words or signs, any information
9 about the case which comes to my knowledge in the
10 course of a community mediation presentation and
11 that I will keep secret all proceedings which may be
12 held in my presence.
13 Further, I understand that if I break
14 confidentiality by telling anyone else the names of
15 community mediation participants, except for
16 information pertaining to the community mediation
17 panelists themselves, or any other specific details
18 of the case which may identify that juvenile, I will
19 no longer be able to serve as a community mediation
20 panel member or observer."
21 (6) The State's Attorney shall adopt rules and
22 procedures governing administration of the program.
23 (705 ILCS 405/5-315 new)
24 Sec. 5-315. Teen court. The county board or corporate
25 authorities of a municipality, or both, may create or
26 contract with a community based organization for teen court
27 programs.
28 (705 ILCS 405/5-325 new)
29 Sec. 5-325. Reports to the State's Attorney. Upon the
30 request of the State's Attorney in the county where it is
31 alleged that a minor has committed a crime, any school or law
32 enforcement agency that has knowledge of those allegations
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1 shall forward information or a report concerning the incident
2 to the State's Attorney, provided that the information is not
3 currently protected by any privilege recognized by law or by
4 decision, rule, or order of the Illinois Supreme Court.
5 (705 ILCS 405/5-330 new)
6 Sec. 5-330. State's Attorney's discretion to prosecute.
7 Nothing in this Article shall divest the authority of the
8 State's Attorney to file appropriate charges for violations
9 of this Article if he or she has probable cause to believe
10 that the violations have occurred.
11 (705 ILCS 405/Art. V, Part 4 heading new)
12 PART 4. ARREST AND CUSTODY
13 (705 ILCS 405/5-401 new)
14 Sec. 5-401. Arrest and taking into custody of a minor.
15 (1) A law enforcement officer may, without a warrant,
16 (a) arrest a minor whom the officer with probable cause
17 believes to be a delinquent minor; or (b) take into custody
18 a minor who has been adjudged a ward of the court and has
19 escaped from any commitment ordered by the court under this
20 Act; or (c) take into custody a minor whom the officer
21 reasonably believes has violated the conditions of probation
22 or supervision ordered by the court.
23 (2) Whenever a petition has been filed under Section
24 5-520 and the court finds that the conduct and behavior of
25 the minor may endanger the health, person, welfare, or
26 property of the minor or others or that the circumstances of
27 his or her home environment may endanger his or her health,
28 person, welfare or property, a warrant may be issued
29 immediately to take the minor into custody.
30 (3) Except for minors accused of violation of an order
31 of the court, any minor accused of any act under federal or
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1 State law, or a municipal or county ordinance that would not
2 be illegal if committed by an adult, cannot be placed in a
3 jail, municipal lockup, detention center, or secure
4 correctional facility. Juveniles accused with underage
5 consumption and underage possession of alcohol cannot be
6 placed in a jail, municipal lockup, detention center, or
7 correctional facility.
8 (705 ILCS 405/5-405 new)
9 Sec. 5-405. Duty of officer; admissions by minor.
10 (1) A law enforcement officer who arrests a minor with a
11 warrant shall immediately make a reasonable attempt to notify
12 the parent or other person legally responsible for the
13 minor's care or the person with whom the minor resides that
14 the minor has been arrested and where he or she is being
15 held. The minor shall be delivered without unnecessary delay
16 to the court or to the place designated by rule or order of
17 court for the reception of minors.
18 (2) A law enforcement officer who arrests a minor
19 without a warrant under Section 5-401 shall, if the minor is
20 not released, immediately make a reasonable attempt to notify
21 the parent or other person legally responsible for the
22 minor's care or the person with whom the minor resides that
23 the minor has been arrested and where the minor is being
24 held; and the law enforcement officer shall without
25 unnecessary delay take the minor to the nearest juvenile
26 police officer designated for these purposes in the county of
27 venue or shall surrender the minor to a juvenile police
28 officer in the city or village where the offense is alleged
29 to have been committed. If a minor is taken into custody for
30 an offense which would be a misdemeanor if committed by an
31 adult, the law enforcement officer, upon determining the true
32 identity of the minor, may release the minor to the parent or
33 other person legally responsible for the minor's care or the
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1 person with whom the minor resides. If a minor is so
2 released, the law enforcement officer shall promptly notify a
3 juvenile police officer of the circumstances of the custody
4 and release.
5 (3) The juvenile police officer may take one of the
6 following actions:
7 (a) station adjustment and release of the minor;
8 (b) release the minor to his or her parents and
9 refer the case to Juvenile Court;
10 (c) if the juvenile police officer reasonably
11 believes that there is an urgent and immediate necessity
12 to keep the minor in custody, the juvenile police officer
13 shall deliver the minor without unnecessary delay to the
14 court or to the place designated by rule or order of
15 court for the reception of minors;
16 (d) any other appropriate action with consent of
17 the minor or a parent.
18 (4) The factors to be considered in determining whether
19 to release or keep a minor in custody shall include:
20 (a) the nature of the allegations against the
21 minor;
22 (b) the minor's history and present situation;
23 (c) the history of the minor's family and the
24 family's present situation;
25 (d) the educational and employment status of the
26 minor;
27 (e) the availability of special resource or
28 community services to aid or counsel the minor;
29 (f) the minor's past involvement with and progress
30 in social programs;
31 (g) the attitude of complainant and community
32 toward the minor; and
33 (h) the present attitude of the minor and family.
34 (5) The records of law enforcement officers concerning
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1 all minors taken into custody under this Act shall be
2 maintained separate from the records of arrests of adults and
3 may not be inspected by or disclosed to the public except
4 pursuant to Section 5-901 and Section 5-905.
5 (705 ILCS 405/5-410 new)
6 Sec. 5-410. Non-secure custody or detention.
7 (1) Any minor arrested or taken into custody pursuant to
8 this Act who requires care away from his or her home but who
9 does not require physical restriction shall be given
10 temporary care in a foster family home or other shelter
11 facility designated by the court.
12 (2) (a) Any minor 10 years of age or older arrested
13 pursuant to this Act where there is probable cause to believe
14 that the minor is a delinquent minor and that (i) secured
15 custody is a matter of immediate and urgent necessity for the
16 protection of the minor or of the person or property of
17 another, (ii) the minor is likely to flee the jurisdiction of
18 the court, or (iii) the minor was taken into custody under a
19 warrant, may be kept or detained in an authorized detention
20 facility. No minor under 12 years of age shall be detained
21 in a county jail or a municipal lockup for more than 6 hours.
22 (b) The written authorization of the probation officer
23 or detention officer (or other public officer designated by
24 the court in a county having 3,000,000 or more inhabitants)
25 constitutes authority for the superintendent of any juvenile
26 detention home to detain and keep a minor for up to 40 hours,
27 excluding Saturdays, Sundays and court-designated holidays.
28 These records shall be available to the same persons and
29 pursuant to the same conditions as are law enforcement
30 records as provided in Section 5-905.
31 (b-4) The consultation required by subsection (b-5)
32 shall not be applicable if the probation officer or detention
33 officer (or other public officer designated by the court in a
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1 county having 3,000,000 or more inhabitants) utilizes a
2 scorable detention screening instrument, which has been
3 developed with input by the State's Attorney, to determine
4 whether a minor should be detained, however, subsection (b-5)
5 shall still be applicable where no such screening instrument
6 is used or where the probation officer, detention officer (or
7 other public officer designated by the court in a county
8 having 3,000,000 or more inhabitants) deviates from the
9 screening instrument.
10 (b-5) Subject to the provisions of subsection (b-4), if
11 a probation officer or detention officer (or other public
12 officer designated by the court in a county having 3,000,000
13 or more inhabitants) does not intend to detain a minor for an
14 offense which constitutes one of the following offenses he or
15 she shall consult with the State's Attorney's Office prior to
16 the release of the minor: first degree murder, second degree
17 murder, involuntary manslaughter, criminal sexual assault,
18 aggravated criminal sexual assault, aggravated battery with a
19 firearm, aggravated or heinous battery involving permanent
20 disability or disfigurement or great bodily harm, robbery,
21 aggravated robbery, armed robbery, vehicular hijacking,
22 aggravated vehicular hijacking, vehicular invasion, arson,
23 aggravated arson, kidnapping, aggravated kidnapping, home
24 invasion, burglary, or residential burglary.
25 (c) Except as otherwise provided in paragraph (a), (d),
26 or (e), no minor shall be detained in a county jail or
27 municipal lockup for more than 12 hours, unless the offense
28 is a crime of violence in which case the minor may be
29 detained up to 24 hours. For the purpose of this paragraph,
30 "crime of violence" has the meaning ascribed to it in Section
31 1-10 of the Alcoholism and Other Drug Abuse and Dependency
32 Act.
33 (i) The period of detention is deemed to have begun once
34 the minor has been placed in a locked room or cell or
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1 handcuffed to a stationary object in a building housing a
2 county jail or municipal lockup. Time spent transporting a
3 minor is not considered to be time in detention or secure
4 custody.
5 (ii) Any minor so confined shall be under periodic
6 supervision and shall not be permitted to come into or remain
7 in contact with adults in custody in the building.
8 (iii) Upon placement in secure custody in a jail or
9 lockup, the minor shall be informed of the purpose of the
10 detention, the time it is expected to last and the fact that
11 it cannot exceed the time specified under this Act.
12 (iv) A log shall be kept which shows the offense which is
13 the basis for the detention, the reasons and circumstances
14 for the decision to detain and the length of time the minor
15 was in detention.
16 (v) Violation of the time limit on detention in a county
17 jail or municipal lockup shall not, in and of itself, render
18 inadmissible evidence obtained as a result of the violation
19 of this time limit. Minors under 17 years of age shall be
20 kept separate from confined adults and may not at any time be
21 kept in the same cell, room or yard with adults confined
22 pursuant to criminal law. Persons 17 years of age and older
23 who have a petition of delinquency filed against them shall
24 be confined in an adult detention facility.
25 (d) (i) If a minor 12 years of age or older is confined
26 in a county jail in a county with a population below
27 3,000,000 inhabitants, then the minor's confinement shall be
28 implemented in such a manner that there will be no contact by
29 sight, sound or otherwise between the minor and adult
30 prisoners. Minors 12 years of age or older must be kept
31 separate from confined adults and may not at any time be kept
32 in the same cell, room, or yard with confined adults. This
33 paragraph (d)(i) shall only apply to confinement pending an
34 adjudicatory hearing and shall not exceed 40 hours, excluding
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1 Saturdays, Sundays and court designated holidays. To accept
2 or hold minors during this time period, county jails shall
3 comply with all monitoring standards promulgated by the
4 Department of Corrections and training standards approved by
5 the Illinois Law Enforcement Training Standards Board.
6 (ii) To accept or hold minors, 12 years of age or older,
7 after the time period prescribed in paragraph (d)(i) of this
8 subsection (2) of this Section but not exceeding 7 days
9 including Saturdays, Sundays and holidays pending an
10 adjudicatory hearing, county jails shall comply with all
11 temporary detention standards promulgated by the Department
12 of Corrections and training standards approved by the
13 Illinois Law Enforcement Training Standards Board.
14 (iii) To accept or hold minors 12 years of age or older,
15 after the time period prescribed in paragraphs (d)(i) and
16 (d)(ii) of this subsection (2) of this Section, county jails
17 shall comply with all programmatic and training standards for
18 juvenile detention homes promulgated by the Department of
19 Corrections.
20 (e) When a minor who is at least 15 years of age is
21 prosecuted under the criminal laws of this State, the court
22 may enter an order directing that the juvenile be confined in
23 the county jail. However, any juvenile confined in the
24 county jail under this provision shall be separated from
25 adults who are confined in the county jail in such a manner
26 that there will be no contact by sight, sound or otherwise
27 between the juvenile and adult prisoners.
28 (f) For purposes of appearing in a physical lineup, the
29 minor may be taken to a county jail or municipal lockup under
30 the direct and constant supervision of a juvenile police
31 officer. During such time as is necessary to conduct a
32 lineup, and while supervised by a juvenile police officer,
33 the sight and sound separation provisions shall not apply.
34 (g) For purposes of processing a minor, the minor may be
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1 taken to a County Jail or municipal lockup under the direct
2 and constant supervision of a law enforcement officer or
3 correctional officer. During such time as is necessary to
4 process the minor, and while supervised by a law enforcement
5 officer or correctional officer, the sight and sound
6 separation provisions shall not apply.
7 (3) If the probation officer or State's Attorney (or
8 such other public officer designated by the court in a county
9 having 3,000,000 or more inhabitants) determines that the
10 minor may be a delinquent minor as described in subsection
11 (3) of Section 5-105, and should be retained in custody but
12 does not require physical restriction, the minor may be
13 placed in non-secure custody for up to 40 hours pending a
14 detention hearing.
15 (4) Any minor taken into temporary custody, not
16 requiring secure detention, may, however, be detained in the
17 home of his or her parent or guardian subject to such
18 conditions as the court may impose.
19 (705 ILCS 405/5-415 new)
20 Sec. 5-415. Setting of detention or shelter care
21 hearing; release.
22 (1) Unless sooner released, a minor alleged to be a
23 delinquent minor taken into temporary custody must be brought
24 before a judicial officer within 40 hours for a detention or
25 shelter care hearing to determine whether he or she shall be
26 further held in custody. If a minor alleged to be a
27 delinquent minor taken into custody is hospitalized or is
28 receiving treatment for a physical or mental condition, and
29 is unable to be brought before a judicial officer for a
30 detention or shelter care hearing, the 40 hour period will
31 not commence until the minor is released from the hospital or
32 place of treatment. If the minor gives false information to
33 law enforcement officials regarding the minor's identity or
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1 age, the 40 hour period will not commence until the court
2 rules that the minor is subject to this Act and not subject
3 to prosecution under the Criminal Code of 1961. Any other
4 delay attributable to a minor alleged to be a delinquent
5 minor who is taken into temporary custody shall act to toll
6 the 40 hour time period. In all cases, the 40 hour time
7 period is exclusive of Saturdays, Sundays and
8 court-designated holidays.
9 (2) If the State's Attorney or probation officer (or
10 other public officer designated by the court in a county
11 having more than 3,000,000 inhabitants) determines that the
12 minor should be retained in custody, he or she shall cause a
13 petition to be filed as provided in Section 5-520 of this
14 Article, and the clerk of the court shall set the matter for
15 hearing on the detention or shelter care hearing calendar.
16 When a parent, legal guardian, custodian, or responsible
17 relative is present and so requests, the detention or shelter
18 care hearing shall be held immediately if the court is in
19 session and the State is ready to proceed, otherwise at the
20 earliest feasible time. The probation officer or such other
21 public officer designated by the court in a county having
22 more than 3,000,000 inhabitants shall notify the minor's
23 parent, legal guardian, custodian, or responsible relative of
24 the time and place of the hearing. The notice may be given
25 orally.
26 (3) The minor must be released from custody at the
27 expiration of the 40 hour period specified by this Section if
28 not brought before a judicial officer within that period.
29 (4) After the initial 40 hour period has lapsed, the
30 court may review the minor's custodial status at any time
31 prior to the trial or sentencing hearing. If during this
32 time period new or additional information becomes available
33 concerning the minor's conduct, the court may conduct a
34 hearing to determine whether the minor should be placed in a
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1 detention or shelter care facility. If the court finds that
2 there is probable cause that the minor is a delinquent minor
3 and that it is a matter of immediate and urgent necessity for
4 the protection of the minor or of the person or property of
5 another, or that he or she is likely to flee the jurisdiction
6 of the court, the court may order that the minor be placed in
7 detention or shelter care.
8 (705 ILCS 405/Art. V, Part 5 heading new)
9 PART 5. PRETRIAL PROCEEDINGS
10 (705 ILCS 405/5-501 new)
11 Sec. 5-501. Detention or shelter care hearing. At the
12 appearance of the minor before the court at the detention or
13 shelter care hearing, the court shall receive all relevant
14 information and evidence, including affidavits concerning the
15 allegations made in the petition. Evidence used by the court
16 in its findings or stated in or offered in connection with
17 this Section may be by way of proffer based on reliable
18 information offered by the State or minor. All evidence
19 shall be admissible if it is relevant and reliable regardless
20 of whether it would be admissible under the rules of evidence
21 applicable at a trial. No hearing may be held unless the
22 minor is represented by counsel.
23 (1) If the court finds that there is not probable cause
24 to believe that the minor is a delinquent minor it shall
25 release the minor and dismiss the petition.
26 (2) If the court finds that there is probable cause to
27 believe that the minor is a delinquent minor, the minor, his
28 or her parent, guardian, custodian and other persons able to
29 give relevant testimony may be examined before the court.
30 The court may also consider any evidence by way of proffer
31 based upon reliable information offered by the State or the
32 minor. All evidence, including affidavits, shall be
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1 admissible if it is relevant and reliable regardless of
2 whether it would be admissible under the rules of evidence
3 applicable at trial. After such evidence is presented, the
4 court may enter an order that the minor shall be released
5 upon the request of a parent, guardian or legal custodian if
6 the parent, guardian or custodian appears to take custody.
7 If the court finds that it is a matter of immediate and
8 urgent necessity for the protection of the minor or of the
9 person or property of another that the minor be detained or
10 placed in a shelter care facility or that he or she is likely
11 to flee the jurisdiction of the court, the court may
12 prescribe detention or shelter care and order that the minor
13 be kept in a suitable place designated by the court or in a
14 shelter care facility designated by the Department of
15 Children and Family Services or a licensed child welfare
16 agency; otherwise it shall release the minor from custody. If
17 the court prescribes shelter care, then in placing the minor,
18 the Department or other agency shall, to the extent
19 compatible with the court's order, comply with Section 7 of
20 the Children and Family Services Act. In making the
21 determination of the existence of immediate and urgent
22 necessity, the court shall consider among other matters: (a)
23 the nature and seriousness of the alleged offense; (b) the
24 minor's record of delinquency offenses, including whether the
25 minor has delinquency cases pending; (c) the minor's record
26 of willful failure to appear following the issuance of a
27 summons or warrant; (d) the availability of non-custodial
28 alternatives, including the presence of a parent, guardian or
29 other responsible relative able and willing to provide
30 supervision and care for the minor and to assure his or her
31 compliance with a summons. If the minor is ordered placed in
32 a shelter care facility of a licensed child welfare agency,
33 the court shall, upon request of the agency, appoint the
34 appropriate agency executive temporary custodian of the minor
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1 and the court may enter such other orders related to the
2 temporary custody of the minor as it deems fit and proper.
3 The order together with the court's findings of fact in
4 support of the order shall be entered of record in the court.
5 Once the court finds that it is a matter of immediate and
6 urgent necessity for the protection of the minor that the
7 minor be placed in a shelter care facility, the minor shall
8 not be returned to the parent, custodian or guardian until
9 the court finds that the placement is no longer necessary for
10 the protection of the minor.
11 (3) Only when there is reasonable cause to believe that
12 the minor taken into custody is a delinquent minor may the
13 minor be kept or detained in a facility authorized for
14 juvenile detention. This Section shall in no way be
15 construed to limit subsection (4).
16 (4) Minors 12 years of age or older must be kept
17 separate from confined adults and may not at any time be kept
18 in the same cell, room or yard with confined adults. This
19 paragraph (4):
20 (a) shall only apply to confinement pending an
21 adjudicatory hearing and shall not exceed 40 hours,
22 excluding Saturdays, Sundays, and court designated
23 holidays. To accept or hold minors during this time
24 period, county jails shall comply with all monitoring
25 standards for juvenile detention homes promulgated by the
26 Department of Corrections and training standards approved
27 by the Illinois Law Enforcement Training Standards Board.
28 (b) To accept or hold minors, 12 years of age or
29 older, after the time period prescribed in clause (a) of
30 subsection (4) of this Section but not exceeding 7 days
31 including Saturdays, Sundays, and holidays, pending an
32 adjudicatory hearing, county jails shall comply with all
33 temporary detention standards promulgated by the
34 Department of Corrections and training standards approved
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1 by the Illinois Law Enforcement Training Standards Board.
2 (c) To accept or hold minors 12 years of age or
3 older, after the time period prescribed in clause (a) and
4 (b), of this subsection county jails shall comply with
5 all programmatic and training standards for juvenile
6 detention homes promulgated by the Department of
7 Corrections.
8 (5) If the minor is not brought before a judicial
9 officer within the time period as specified in Section 5-415
10 the minor must immediately be released from custody.
11 (6) If neither the parent, guardian or legal custodian
12 appears within 24 hours to take custody of a minor released
13 from detention or shelter care, then the clerk of the court
14 shall set the matter for rehearing not later than 7 days
15 after the original order and shall issue a summons directed
16 to the parent, guardian or legal custodian to appear. At the
17 same time the probation department shall prepare a report on
18 the minor. If a parent, guardian or legal custodian does not
19 appear at such rehearing, the judge may enter an order
20 prescribing that the minor be kept in a suitable place
21 designated by the Department of Human Services or a licensed
22 child welfare agency. The time during which a minor is in
23 custody after being released upon the request of a parent,
24 guardian or legal custodian shall be considered as time spent
25 in detention for purposes of scheduling the trial.
26 (7) Any party, including the State, the temporary
27 custodian, an agency providing services to the minor or
28 family under a service plan pursuant to Section 8.2 of the
29 Abused and Neglected Child Reporting Act, foster parent, or
30 any of their representatives, may file a motion to modify or
31 vacate a temporary custody order or vacate a detention or
32 shelter care order on any of the following grounds:
33 (a) It is no longer a matter of immediate and
34 urgent necessity that the minor remain in detention or
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1 shelter care; or
2 (b) There is a material change in the circumstances
3 of the natural family from which the minor was removed;
4 or
5 (c) A person, including a parent, relative or legal
6 guardian, is capable of assuming temporary custody of the
7 minor; or
8 (d) Services provided by the Department of Children
9 and Family Services or a child welfare agency or other
10 service provider have been successful in eliminating the
11 need for temporary custody.
12 The clerk shall set the matter for hearing not later than
13 14 days after such motion is filed. In the event that the
14 court modifies or vacates a temporary order but does not
15 vacate its finding of probable cause, the court may order
16 that appropriate services be continued or initiated in behalf
17 of the minor and his or her family.
18 (8) Whenever a petition has been filed under Section
19 5-520 the court can, at any time prior to trial or
20 sentencing, order that the minor be placed in detention or a
21 shelter care facility after the court conducts a hearing and
22 finds that the conduct and behavior of the minor may endanger
23 the health, person, welfare, or property of himself or others
24 or that the circumstances of his or her home environment may
25 endanger his or her health, person, welfare or property.
26 (705 ILCS 405/5-505 new)
27 Sec. 5-505. Pre-trial conditions order.
28 (1) If a minor is charged with the commission of a
29 delinquent act, at any appearance of the minor before the
30 court prior to trial, the court may conduct a hearing to
31 determine whether the minor should be required to do any of
32 the following:
33 (a) not violate any criminal statute of any
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1 jurisdiction;
2 (b) make a report to and appear in person before
3 any person or agency as directed by the court;
4 (c) refrain from possessing a firearm or other
5 dangerous weapon, or an automobile;
6 (d) reside with his or her parents or in a foster
7 home;
8 (e) attend school;
9 (f) attend a non-residential program for youth;
10 (g) comply with curfew requirements as designated
11 by the court;
12 (h) refrain from entering into a designated
13 geographic area except upon terms as the court finds
14 appropriate. The terms may include consideration of the
15 purpose of the entry, the time of day, other persons
16 accompanying the minor, advance approval by the court,
17 and any other terms the court may deem appropriate;
18 (i) refrain from having any contact, directly or
19 indirectly, with certain specified persons or particular
20 types of persons, including but not limited to members of
21 street gangs and drug users or dealers;
22 (j) comply with any other conditions as may be
23 ordered by the court.
24 No hearing may be held unless the minor is represented by
25 counsel. If the court determines that there is probable
26 cause to believe the minor is a delinquent minor and that it
27 is in the best interests of the minor that the court impose
28 any or all of the conditions listed in paragraphs (a) through
29 (j) of this subsection (1), then the court shall order the
30 minor to abide by all of the conditions ordered by the court.
31 (2) If the court issues a pre-trial conditions order as
32 provided in subsection (1), the court shall inform the minor
33 and provide a copy of the pre-trial conditions order
34 effective under this Section.
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1 (3) The provisions of the pre-trial conditions order
2 issued under this Section may be continued through the
3 sentencing hearing if the court deems the action reasonable
4 and necessary. Nothing in this Section shall preclude the
5 minor from applying to the court at any time for modification
6 or dismissal of the order or the State's Attorney from
7 applying to the court at any time for additional provisions
8 under the pre-trial conditions order, modification of the
9 order, or dismissal of the order.
10 (705 ILCS 405/5-510 new)
11 Sec. 5-510. Restraining order against juvenile.
12 (1) If a minor is charged with the commission of a
13 delinquent act, the court may conduct a hearing to determine
14 whether an order shall be issued against the minor
15 restraining the minor from harassing, molesting,
16 intimidating, retaliating against, or tampering with a
17 witness to or a victim of the delinquent act charged. No
18 hearing may be held unless the minor is represented by
19 counsel. If the court determines that there is probable
20 cause to believe that the minor is a delinquent minor and
21 that it is a matter of immediate and urgent necessity for the
22 protection of a witness to or a victim of the delinquent act
23 charged against the minor, the court may issue a restraining
24 order against the minor restraining the minor from harassing,
25 molesting, intimidating, retaliating against, or tampering
26 with the witness or victim. The order together with the
27 court's finding of fact in support of the order shall be
28 entered of record in the court.
29 (2) If the court issues a restraining order as provided
30 in subsection (1), the court shall inform the minor of the
31 restraining order effective under this Section.
32 (3) The provisions of the restraining order issued under
33 this Section may be continued by the court after the
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1 sentencing hearing if the court deems the action reasonable
2 and necessary. Nothing in this Section shall preclude the
3 minor from applying to the court at any time for modification
4 or dismissal of the order or the State's Attorney from
5 applying to the court at any time for additional provisions
6 under the restraining order, modification of the order, or
7 dismissal of the order.
8 (705 ILCS 405/5-515 new)
9 Sec. 5-515. Medical and dental treatment and care. At
10 all times during temporary custody, detention or shelter
11 care, the court may authorize a physician, a hospital or any
12 other appropriate health care provider to provide medical,
13 dental or surgical procedures if those procedures are
14 necessary to safeguard the minor's life or health. If the
15 minor is covered under an existing medical or dental plan,
16 the county shall be reimbursed for the expenses incurred for
17 such services as if the minor were not held in temporary
18 custody, detention, or shelter care.
19 (705 ILCS 405/5-520 new)
20 Sec. 5-520. Petition; supplemental petitions.
21 (1) The State's Attorney may file, or the court on its
22 own motion may direct the filing through the State's Attorney
23 of, a petition in respect to a minor under this Act. The
24 petition and all subsequent court documents shall be entitled
25 "In the interest of ...., a minor".
26 (2) The petition shall be verified but the statements
27 may be made upon information and belief. It shall allege
28 that the minor is delinquent and set forth (a) facts
29 sufficient to bring the minor under Section 5-120; (b) the
30 name, age and residence of the minor; (c) the names and
31 residences of his parents; (d) the name and residence of his
32 or her guardian or legal custodian or the person or persons
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1 having custody or control of the minor, or of the nearest
2 known relative if no parent, guardian or legal custodian can
3 be found; and (e) if the minor upon whose behalf the
4 petition is brought is detained or sheltered in custody, the
5 date on which detention or shelter care was ordered by the
6 court or the date set for a detention or shelter care
7 hearing. If any of the facts required by this subsection (2)
8 are not known by the petitioner, the petition shall so state.
9 (3) The petition must pray that the minor be adjudged a
10 ward of the court and may pray generally for relief available
11 under this Act. The petition need not specify any proposed
12 disposition following adjudication of wardship.
13 (4) At any time before dismissal of the petition or
14 before final closing and discharge under Section 5-750, one
15 or more supplemental petitions may be filed (i) alleging new
16 offenses or (ii) alleging violations of orders entered by the
17 court in the delinquency proceeding.
18 (705 ILCS 405/5-525 new)
19 Sec. 5-525. Service.
20 (1) Service by summons.
21 (a) Upon the commencement of a delinquency
22 prosecution, the clerk of the court shall issue a summons
23 with a copy of the petition attached. The summons shall
24 be directed to the minor's parent, guardian or legal
25 custodian and to each person named as a respondent in the
26 petition, except that summons need not be directed (i) to
27 a minor respondent under 8 years of age for whom the
28 court appoints a guardian ad litem if the guardian ad
29 litem appears on behalf of the minor in any proceeding
30 under this Act, or (ii) to a parent who does not reside
31 with the minor, does not make regular child support
32 payments to the minor, to the minor's other parent, or to
33 the minor's legal guardian or custodian pursuant to a
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1 support order, and has not communicated with the minor on
2 a regular basis.
3 (b) The summons must contain a statement that the
4 minor is entitled to have an attorney present at the
5 hearing on the petition, and that the clerk of the court
6 should be notified promptly if the minor desires to be
7 represented by an attorney but is financially unable to
8 employ counsel.
9 (c) The summons shall be issued under the seal of
10 the court, attested in and signed with the name of the
11 clerk of the court, dated on the day it is issued, and
12 shall require each respondent to appear and answer the
13 petition on the date set for the adjudicatory hearing.
14 (d) The summons may be served by any law
15 enforcement officer, coroner or probation officer, even
16 though the officer is the petitioner. The return of the
17 summons with endorsement of service by the officer is
18 sufficient proof of service.
19 (e) Service of a summons and petition shall be made
20 by: (i) leaving a copy of the summons and petition with
21 the person summoned at least 3 days before the time
22 stated in the summons for appearance; (ii) leaving a
23 copy at his or her usual place of abode with some person
24 of the family, of the age of 10 years or upwards, and
25 informing that person of the contents of the summons and
26 petition, provided, the officer or other person making
27 service shall also send a copy of the summons in a sealed
28 envelope with postage fully prepaid, addressed to the
29 person summoned at his or her usual place of abode, at
30 least 3 days before the time stated in the summons for
31 appearance; or (iii) leaving a copy of the summons and
32 petition with the guardian or custodian of a minor, at
33 least 3 days before the time stated in the summons for
34 appearance. If the guardian or legal custodian is an
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1 agency of the State of Illinois, proper service may be
2 made by leaving a copy of the summons and petition with
3 any administrative employee of the agency designated by
4 the agency to accept the service of summons and
5 petitions. The certificate of the officer or affidavit
6 of the person that he or she has sent the copy pursuant
7 to this Section is sufficient proof of service.
8 (f) When a parent or other person, who has signed a
9 written promise to appear and bring the minor to court or
10 who has waived or acknowledged service, fails to appear
11 with the minor on the date set by the court, a bench
12 warrant may be issued for the parent or other person, the
13 minor, or both.
14 (2) Service by certified mail or publication.
15 (a) If service on individuals as provided in
16 subsection (1) is not made on any respondent within a
17 reasonable time or if it appears that any respondent
18 resides outside the State, service may be made by
19 certified mail. In that case the clerk shall mail the
20 summons and a copy of the petition to that respondent by
21 certified mail marked for delivery to addressee only.
22 The court shall not proceed with the adjudicatory hearing
23 until 5 days after the mailing. The regular return
24 receipt for certified mail is sufficient proof of
25 service.
26 (b) If service upon individuals as provided in
27 subsection (1) is not made on any respondents within a
28 reasonable time or if any person is made a respondent
29 under the designation of "All Whom It May Concern", or if
30 service cannot be made because the whereabouts of a
31 respondent are unknown, service may be made by
32 publication. The clerk of the court as soon as possible
33 shall cause publication to be made once in a newspaper of
34 general circulation in the county where the action is
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1 pending. Service by publication is not required in any
2 case when the person alleged to have legal custody of the
3 minor has been served with summons personally or by
4 certified mail, but the court may not enter any order or
5 judgment against any person who cannot be served with
6 process other than by publication unless service by
7 publication is given or unless that person appears.
8 Failure to provide service by publication to a
9 non-custodial parent whose whereabouts are unknown shall
10 not deprive the court of jurisdiction to proceed with a
11 trial or a plea of delinquency by the minor. When a
12 minor has been detained or sheltered under Section 5-501
13 of this Act and summons has not been served personally or
14 by certified mail within 20 days from the date of the
15 order of court directing such detention or shelter care,
16 the clerk of the court shall cause publication. Service
17 by publication shall be substantially as follows:
18 "A, B, C, D, (here giving the names of the
19 named respondents, if any) and to All Whom It May
20 Concern (if there is any respondent under that
21 designation):
22 Take notice that on the.... day of...., 19..
23 a petition was filed under the Juvenile Court Act of
24 1987 by.... in the circuit court of.... county
25 entitled 'In the interest of...., a minor', and that
26 in.... courtroom at.... on the.... day of.... at
27 the hour of...., or as soon thereafter as this cause
28 may be heard, an adjudicatory hearing will be held
29 upon the petition to have the child declared to be a
30 ward of the court under that Act. The court has
31 authority in this proceeding to take from you the
32 custody and guardianship of the minor.
33 Now, unless you appear at the hearing and show
34 cause against the petition, the allegations of the
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1 petition may stand admitted as against you and each
2 of you, and an order or judgment entered.
3 ........................................
4 Clerk
5 Dated (the date of publication)"
6 (c) The clerk shall also at the time of the
7 publication of the notice send a copy of the notice by
8 mail to each of the respondents on account of whom
9 publication is made at his or her last known address.
10 The certificate of the clerk that he or she has mailed
11 the notice is evidence of that mailing. No other
12 publication notice is required. Every respondent
13 notified by publication under this Section must appear
14 and answer in open court at the hearing. The court may
15 not proceed with the adjudicatory hearing until 10 days
16 after service by publication on any custodial parent,
17 guardian or legal custodian of a minor alleged to be
18 delinquent.
19 (d) If it becomes necessary to change the date set
20 for the hearing in order to comply with this Section,
21 notice of the resetting of the date must be given, by
22 certified mail or other reasonable means, to each
23 respondent who has been served with summons personally or
24 by certified mail.
25 (3) Once jurisdiction has been established over a
26 party, further service is not required and notice of any
27 subsequent proceedings in that prosecution shall be made
28 in accordance with provisions of Section 5-530.
29 (4) The appearance of the minor's parent, guardian
30 or legal custodian, or a person named as a respondent in
31 a petition, in any proceeding under this Act shall
32 constitute a waiver of service and submission to the
33 jurisdiction of the court. A copy of the petition shall
34 be provided to the person at the time of his or her
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1 appearance.
2 (705 ILCS 405/5-530 new)
3 Sec. 5-530. Notice.
4 (1) A party presenting a supplemental or amended
5 petition or motion to the court shall provide the other
6 parties with a copy of any supplemental or amended petition,
7 motion or accompanying affidavit not yet served upon that
8 party, and shall file proof of that service, in accordance
9 with subsections (2), (3), and (4) of this Section. Written
10 notice of the date, time and place of the hearing, shall be
11 provided to all parties in accordance with local court rules.
12 (2) (a) On whom made. If a party is represented by an
13 attorney of record, service shall be made upon the attorney.
14 Otherwise service shall be made upon the party.
15 (b) Method. Papers shall be served as follows:
16 (1) by delivering them to the attorney or
17 party personally;
18 (2) by leaving them in the office of the
19 attorney with his or her clerk, or with a person in
20 charge of the office; or if a party is not
21 represented by counsel, by leaving them at his or
22 her residence with a family member of the age of 10
23 years or upwards;
24 (3) by depositing them in the United States
25 post office or post-office box enclosed in an
26 envelope, plainly addressed to the attorney at his
27 or her business address, or to the party at his or
28 her business address or residence, with postage
29 fully pre-paid; or
30 (4) by transmitting them via facsimile machine
31 to the office of the attorney or party, who has
32 consented to receiving service by facsimile
33 transmission. Briefs filed in reviewing courts shall
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1 be served in accordance with Supreme Court Rule.
2 (i) A party or attorney electing to serve
3 pleading by facsimile must include on the
4 certificate of service transmitted the
5 telephone number of the sender's facsimile
6 transmitting device. Use of service by
7 facsimile shall be deemed consent by that party
8 or attorney to receive service by facsimile
9 transmission. Any party may rescind consent of
10 service by facsimile transmission in a case by
11 filing with the court and serving a notice on
12 all parties or their attorneys who have filed
13 appearances that facsimile service will not be
14 accepted. A party or attorney who has rescinded
15 consent to service by facsimile transmission in
16 a case may not serve another party or attorney
17 by facsimile transmission in that case.
18 (ii) Each page of notices and documents
19 transmitted by facsimile pursuant to this rule
20 should bear the circuit court number, the title
21 of the document, and the page number.
22 (c) Multiple parties or attorneys. In cases in
23 which there are 2 or more minor-respondents who appear by
24 different attorneys, service on all papers shall be made
25 on the attorney for each of the parties. If one attorney
26 appears for several parties, he or she is entitled to
27 only one copy of any paper served upon him or her by the
28 opposite side. When more than one attorney appears for a
29 party, service of a copy upon one of them is sufficient.
30 (3)(a) Filing. When service of a paper is required,
31 proof of service shall be filed with the clerk.
32 (b) Manner of Proof. Service is proved:
33 (i) by written acknowledgement signed by the
34 person served;
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1 (ii) in case of service by personal delivery,
2 by certificate of the attorney, or affidavit of a
3 person, other that an attorney, who made delivery;
4 (iii) in case of service by mail, by
5 certificate of the attorney, or affidavit of a
6 person other than the attorney, who deposited the
7 paper in the mail, stating the time and place of
8 mailing, the complete address which appeared on the
9 envelope, and the fact that proper postage was
10 pre-paid; or
11 (iv) in case of service by facsimile
12 transmission, by certificate of the attorney or
13 affidavit of a person other than the attorney, who
14 transmitted the paper via facsimile machine, stating
15 the time and place of transmission, the telephone
16 number to which the transmission was sent and the
17 number of pages transmitted.
18 (c) Effective date of service by mail. Service by
19 mail is complete 4 days after mailing.
20 (d) Effective date of service by facsimile
21 transmission. Service by facsimile machine is complete on
22 the first court day following transmission.
23 (705 ILCS 405/Art. V, Part 6 heading new)
24 PART 6. TRIAL
25 (705 ILCS 405/5-601 new)
26 Sec. 5-601. Trial.
27 (1) When a petition has been filed alleging that the
28 minor is a delinquent, a trial must be held within 120 days
29 of a written demand for such hearing made by any party,
30 except that when the State, without success, has exercised
31 due diligence to obtain evidence material to the case and
32 there are reasonable grounds to believe that the evidence may
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1 be obtained at a later date, the court may, upon motion by
2 the State, continue the trial for not more than 30 additional
3 days.
4 (2) If a minor respondent has multiple delinquency
5 petitions pending against him or her in the same county and
6 simultaneously demands a trial upon more than one delinquency
7 petition pending against him or her in the same county, he or
8 she shall receive a trial or have a finding, after waiver of
9 trial, upon at least one such petition before expiration
10 relative to any of the pending petitions of the period
11 described by this Section. All remaining petitions thus
12 pending against the minor respondent shall be adjudicated
13 within 160 days from the date on which a finding relative to
14 the first petition prosecuted is rendered under Section 5-620
15 of this Article, or, if the trial upon the first petition is
16 terminated without a finding and there is no subsequent
17 trial, or adjudication after waiver of trial, on the first
18 petition within a reasonable time, the minor shall receive a
19 trial upon all of the remaining petitions within 160 days
20 from the date on which the trial, or finding after waiver of
21 trial, on the first petition is concluded. If either such
22 period of 160 days expires without the commencement of trial,
23 or adjudication after waiver of trial, of any of the
24 remaining pending petitions, the petition or petitions shall
25 be dismissed and barred for want of prosecution unless the
26 delay is occasioned by any of the reasons described in this
27 Section.
28 (3) When no such trial is held within the time required
29 by subsections (1) and (2) of this Section, the court shall,
30 upon motion by any party, dismiss the petition with
31 prejudice.
32 (4) Without affecting the applicability of the tolling
33 and multiple prosecution provisions of subsections (8) and
34 (2) of this Section when a petition has been filed alleging
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1 that the minor is a delinquent and the minor is in detention
2 or shelter care, the trial shall be held within 30 calendar
3 days after the date of the order directing detention or
4 shelter care, or the earliest possible date in compliance
5 with the provisions of Section 5-525 as to the custodial
6 parent, guardian or legal custodian, but no later than 45
7 calendar days from the date of the order of the court
8 directing detention or shelter care. When the petition
9 alleges the minor has committed an offense involving a
10 controlled substance as defined in the Illinois Controlled
11 Substances Act, the court may, upon motion of the State,
12 continue the trial for receipt of a confirmatory laboratory
13 report for up to 45 days after the date of the order
14 directing detention or shelter care. When the petition
15 alleges the minor committed an offense that involves the
16 death of, great bodily harm to or sexual assault or
17 aggravated criminal sexual abuse on a victim, the court may,
18 upon motion of the State, continue the trial for not more
19 than 70 calendar days after the date of the order directing
20 detention or shelter care.
21 Any failure to comply with the time limits of this
22 Section shall require the immediate release of the minor from
23 detention, and the time limits set forth in subsections (1)
24 and (2) shall apply.
25 (5) If the court determines that the State, without
26 success, has exercised due diligence to obtain the results of
27 DNA testing that is material to the case, and that there are
28 reasonable grounds to believe that the results may be
29 obtained at a later date, the court may continue the cause on
30 application of the State for not more than 120 additional
31 days. The court may also extend the period of detention of
32 the minor for not more than 120 additional days.
33 (6) If the State's Attorney makes a written request that
34 a proceeding be designated an extended juvenile jurisdiction
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1 prosecution, and the minor is in detention, the period the
2 minor can be held in detention pursuant to subsection (4),
3 shall be extended an additional 30 days after the court
4 determines whether the proceeding will be designated an
5 extended juvenile jurisdiction prosecution or the State's
6 Attorney withdraws the request for extended juvenile
7 jurisdiction prosecution.
8 (7) When the State's Attorney files a motion for waiver
9 of jurisdiction pursuant to Section 5-805, and the minor is
10 in detention, the period the minor can be held in detention
11 pursuant to subsection (4), shall be extended an additional
12 30 days if the court denies motion for waiver of jurisdiction
13 or the State's Attorney withdraws the motion for waiver of
14 jurisdiction.
15 (8) The period in which a trial shall be held as
16 prescribed by subsections (1), (2), (3), (4), (5), (6), or
17 (7) of this Section is tolled by: (i) delay occasioned by the
18 minor; (ii) a continuance allowed pursuant to Section 114-4
19 of the Code of Criminal Procedure of 1963 after the court's
20 determination of the minor's incapacity for trial; (iii) an
21 interlocutory appeal; (iv) an examination of fitness ordered
22 pursuant to Section 104-13 of the Code of Criminal Procedure
23 of 1963; (v) a fitness hearing; or (vi) an adjudication of
24 unfitness for trial. Any such delay shall temporarily
25 suspend, for the time of the delay, the period within which a
26 trial must be held as prescribed by subsections (1), (2),
27 (4), (5), and (6) of this Section. On the day of expiration
28 of the delays the period shall continue at the point at which
29 the time was suspended.
30 (9) Nothing in this Section prevents the minor or the
31 minor's parents, guardian or legal custodian from exercising
32 their respective rights to waive the time limits set forth in
33 this Section.
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1 (705 ILCS 405/5-605 new)
2 Sec. 5-605. Trials, pleas, guilty but mentally ill and
3 not guilty by reason of insanity.
4 (1) Method of trial. All delinquency proceedings shall
5 be heard by the court except those proceedings under this Act
6 where the right to trial by jury is specifically set forth.
7 At any time a minor may waive his or her right to trial by
8 jury.
9 (2) Pleas of guilty and guilty but mentally ill.
10 (a) Before or during trial, a plea of guilty may be
11 accepted when the court has informed the minor of the
12 consequences of his or her plea and of the maximum
13 penalty provided by law which may be imposed upon
14 acceptance of the plea. Upon acceptance of a plea of
15 guilty, the court shall determine the factual basis of a
16 plea.
17 (b) Before or during trial, a plea of guilty but
18 mentally ill may be accepted by the court when:
19 (i) the minor has undergone an examination by
20 a clinical psychologist or psychiatrist and has
21 waived his or her right to trial; and
22 (ii) the judge has examined the psychiatric or
23 psychological report or reports; and
24 (iii) the judge has held a hearing, at which
25 either party may present evidence, on the issue of
26 the minor's mental health and, at the conclusion of
27 the hearing, is satisfied that there is a factual
28 basis that the minor was mentally ill at the time of
29 the offense to which the plea is entered.
30 (3) Trial by the court.
31 (a) A trial shall be conducted in the presence of
32 the minor unless he or she waives the right to be
33 present. At the trial, the court shall consider the
34 question whether the minor is delinquent. The standard
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1 of proof and the rules of evidence in the nature of
2 criminal proceedings in this State are applicable to that
3 consideration.
4 (b) Upon conclusion of the trial the court shall
5 enter a general finding, except that, when the
6 affirmative defense of insanity has been presented during
7 the trial and acquittal is based solely upon the defense
8 of insanity, the court shall enter a finding of not
9 guilty by reason of insanity. In the event of a finding
10 of not guilty by reason of insanity, a hearing shall be
11 held pursuant to the Mental Health and Developmental
12 Disabilities Code to determine whether the minor is
13 subject to involuntary admission.
14 (c) When the minor has asserted a defense of
15 insanity, the court may find the minor guilty but
16 mentally ill if, after hearing all of the evidence, the
17 court finds that:
18 (i) the State has proven beyond a reasonable
19 doubt that the minor is guilty of the offense
20 charged; and
21 (ii) the minor has failed to prove his or her
22 insanity as required in subsection (b) of Section
23 3-2 of the Criminal Code of 1961, and subsections
24 (a), (b) and (e) of Section 6-2 of the Criminal Code
25 of 1961; and
26 (iii) the minor has proven by a preponderance
27 of the evidence that he was mentally ill, as defined
28 in subsections (c) and (d) of Section 6-2 of the
29 Criminal Code of 1961 at the time of the offense.
30 (4) Trial by court and jury.
31 (a) Questions of law shall be decided by the court
32 and questions of fact by the jury.
33 (b) The jury shall consist of 12 members.
34 (c) Upon request the parties shall be furnished
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1 with a list of prospective jurors with their addresses if
2 known.
3 (d) Each party may challenge jurors for cause. If
4 a prospective juror has a physical impairment, the court
5 shall consider the prospective juror's ability to
6 perceive and appreciate the evidence when considering a
7 challenge for cause.
8 (e) A minor tried alone shall be allowed 7
9 peremptory challenges; except that, in a single trial of
10 more than one minor, each minor shall be allowed 5
11 peremptory challenges. If several charges against a
12 minor or minors are consolidated for trial, each minor
13 shall be allowed peremptory challenges upon one charge
14 only, which single charge shall be the charge against
15 that minor authorizing the greatest maximum penalty. The
16 State shall be allowed the same number of peremptory
17 challenges as all of the minors.
18 (f) After examination by the court, the jurors may
19 be examined, passed upon, accepted and tendered by
20 opposing counsel as provided by Supreme Court Rules.
21 (g) After the jury is impaneled and sworn, the
22 court may direct the selection of 2 alternate jurors who
23 shall take the same oath as the regular jurors. Each
24 party shall have one additional peremptory challenge for
25 each alternate juror. If before the final submission of
26 a cause a member of the jury dies or is discharged, he or
27 she shall be replaced by an alternate juror in the order
28 of selection.
29 (h) A trial by the court and jury shall be
30 conducted in the presence of the minor unless he or she
31 waives the right to be present.
32 (i) After arguments of counsel the court shall
33 instruct the jury as to the law.
34 (j) Unless the affirmative defense of insanity has
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1 been presented during the trial, the jury shall return a
2 general verdict as to each offense charged. When the
3 affirmative defense of insanity has been presented during
4 the trial, the court shall provide the jury not only with
5 general verdict forms but also with a special verdict
6 form of not guilty by reason of insanity, as to each
7 offense charged, and in the event the court shall
8 separately instruct the jury that a special verdict of
9 not guilty by reason of insanity may be returned instead
10 of a general verdict but the special verdict requires a
11 unanimous finding by the jury that the minor committed
12 the acts charged but at the time of the commission of
13 those acts the minor was insane. In the event of a
14 verdict of not guilty by reason of insanity, a hearing
15 shall be held pursuant to the Mental Health and
16 Developmental Disabilities Code to determine whether the
17 minor is subject to involuntary admission. When the
18 affirmative defense of insanity has been presented during
19 the trial, the court, where warranted by the evidence,
20 shall also provide the jury with a special verdict form
21 of guilty but mentally ill, as to each offense charged
22 and shall separately instruct the jury that a special
23 verdict of guilty but mentally ill may be returned
24 instead of a general verdict, but that the special
25 verdict requires a unanimous finding by the jury that:
26 (i) the State has proven beyond a reasonable doubt that
27 the minor is guilty of the offense charged; and (ii) the
28 minor has failed to prove his or her insanity as required
29 in subsection (b) of Section 3-2 of the Criminal Code of
30 1961 and subsections (a), (b) and (e) of Section 6-2 of
31 the Criminal Code of 1961; and (iii) the minor has proven
32 by a preponderance of the evidence that he or she was
33 mentally ill, as defined in subsections (c) and (d) of
34 Section 6-2 of the Criminal Code of 1961 at the time of
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1 the offense.
2 (k) When, at the close of the State's evidence or
3 at the close of all of the evidence, the evidence is
4 insufficient to support a finding or verdict of guilty
5 the court may and on motion of the minor shall make a
6 finding or direct the jury to return a verdict of not
7 guilty, enter a judgment of acquittal and discharge the
8 minor.
9 (l) When the jury retires to consider its verdict,
10 an officer of the court shall be appointed to keep them
11 together and to prevent conversation between the jurors
12 and others; however, if any juror is deaf, the jury may
13 be accompanied by and may communicate with a
14 court-appointed interpreter during its deliberations.
15 Upon agreement between the State and minor or his or her
16 counsel, and the parties waive polling of the jury, the
17 jury may seal and deliver its verdict to the clerk of the
18 court, separate, and then return the verdict in open
19 court at its next session.
20 (m) In a trial, any juror who is a member of a
21 panel or jury which has been impaneled and sworn as a
22 panel or as a jury shall be permitted to separate from
23 other jurors during every period of adjournment to a
24 later day, until final submission of the cause to the
25 jury for determination, except that no such separation
26 shall be permitted in any trial after the court, upon
27 motion by the minor or the State or upon its own motion,
28 finds a probability that prejudice to the minor or to the
29 State will result from the separation.
30 (n) The members of the jury shall be entitled to
31 take notes during the trial, and the sheriff of the
32 county in which the jury is sitting shall provide them
33 with writing materials for this purpose. The notes shall
34 remain confidential, and shall be destroyed by the
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1 sheriff after the verdict has been returned or a mistrial
2 declared.
3 (o) A minor tried by the court and jury shall only
4 be found guilty, guilty but mentally ill, not guilty or
5 not guilty by reason of insanity, upon the unanimous
6 verdict of the jury.
7 (705 ILCS 405/5-610 new)
8 Sec. 5-610. Guardian ad litem and appointment of
9 attorney.
10 (1) The court may appoint a guardian ad litem for the
11 minor whenever it finds that there may be a conflict of
12 interest between the minor and his or her parent, guardian or
13 legal custodian or that it is otherwise in the minor's
14 interest to do so.
15 (2) Unless the guardian ad litem is an attorney, he or
16 she shall be represented by counsel.
17 (3) The reasonable fees of a guardian ad litem appointed
18 under this Section shall be fixed by the court and charged to
19 the parents of the minor, to the extent they are able to pay.
20 If the parents are unable to pay those fees, they shall be
21 paid from the general fund of the county.
22 (4) If, during the court proceedings, the parents,
23 guardian, or legal custodian prove that he or she has an
24 actual conflict of interest with the minor in that
25 delinquency proceeding and that the parents, guardian, or
26 legal custodian are indigent, the court shall appoint a
27 separate attorney for that parent, guardian, or legal
28 custodian.
29 (705 ILCS 405/5-615 new)
30 Sec. 5-615. Continuance under supervision.
31 (1) The court may enter an order of continuance under
32 supervision for an offense other than first degree murder, a
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1 Class X felony or a forcible felony (a) upon an admission or
2 stipulation by the appropriate respondent or minor respondent
3 of the facts supporting the petition and before proceeding to
4 adjudication, or after hearing the evidence at the trial, and
5 (b) in the absence of objection made in open court by the
6 minor, his or her parent, guardian, or legal custodian, the
7 minor's attorney or the State's Attorney.
8 (2) If the minor, his or her parent, guardian, or legal
9 custodian, the minor's attorney or State's Attorney objects
10 in open court to any continuance and insists upon proceeding
11 to findings and adjudication, the court shall so proceed.
12 (3) Nothing in this Section limits the power of the
13 court to order a continuance of the hearing for the
14 production of additional evidence or for any other proper
15 reason.
16 (4) When a hearing where a minor is alleged to be a
17 delinquent is continued pursuant to this Section, the period
18 of continuance under supervision may not exceed 24 months.
19 The court may terminate a continuance under supervision at
20 any time if warranted by the conduct of the minor and the
21 ends of justice.
22 (5) When a hearing where a minor is alleged to be
23 delinquent is continued pursuant to this Section, the court
24 may, as conditions of the continuance under supervision,
25 require the minor to do any of the following:
26 (a) not violate any criminal statute of any
27 jurisdiction;
28 (b) make a report to and appear in person before
29 any person or agency as directed by the court;
30 (c) work or pursue a course of study or vocational
31 training;
32 (d) undergo medical or psychotherapeutic treatment
33 rendered by a therapist licensed under the provisions of
34 the Medical Practice Act of 1987, the Clinical
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1 Psychologist Licensing Act, or the Clinical Social Work
2 and Social Work Practice Act, or an entity licensed by
3 the Department of Human Services as a successor to the
4 Department of Alcoholism and Substance Abuse, for the
5 provision of drug addiction and alcoholism treatment;
6 (e) attend or reside in a facility established for
7 the instruction or residence of persons on probation;
8 (f) support his or her dependents, if any;
9 (g) pay costs;
10 (h) refrain from possessing a firearm or other
11 dangerous weapon, or an automobile;
12 (i) permit the probation officer to visit him or
13 her at his or her home or elsewhere;
14 (j) reside with his or her parents or in a foster
15 home;
16 (k) attend school;
17 (l) attend a non-residential program for youth;
18 (m) contribute to his or her own support at home or
19 in a foster home;
20 (n) perform some reasonable public or community
21 service;
22 (o) make restitution to the victim, in the same
23 manner and under the same conditions as provided in
24 subsection (4) of Section 5-710, except that the
25 "sentencing hearing" referred to in that Section shall be
26 the adjudicatory hearing for purposes of this Section;
27 (p) comply with curfew requirements as designated
28 by the court;
29 (q) refrain from entering into a designated
30 geographic area except upon terms as the court finds
31 appropriate. The terms may include consideration of the
32 purpose of the entry, the time of day, other persons
33 accompanying the minor, and advance approval by a
34 probation officer;
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1 (r) refrain from having any contact, directly or
2 indirectly, with certain specified persons or particular
3 types of persons, including but not limited to members of
4 street gangs and drug users or dealers;
5 (s) refrain from having in his or her body the
6 presence of any illicit drug prohibited by the Cannabis
7 Control Act or the Illinois Controlled Substances Act,
8 unless prescribed by a physician, and submit samples of
9 his or her blood or urine or both for tests to determine
10 the presence of any illicit drug; or
11 (t) comply with any other conditions as may be
12 ordered by the court.
13 (6) A minor whose case is continued under supervision
14 under subsection (5) shall be given a certificate setting
15 forth the conditions imposed by the court. Those conditions
16 may be reduced, enlarged, or modified by the court on motion
17 of the probation officer or on its own motion, or that of the
18 State's Attorney, or, at the request of the minor after
19 notice and hearing.
20 (7) If a petition is filed charging a violation of a
21 condition of the continuance under supervision, the court
22 shall conduct a hearing. If the court finds that a condition
23 of supervision has not been fulfilled, the court may proceed
24 to findings and adjudication and disposition. The filing of
25 a petition for violation of a condition of the continuance
26 under supervision shall toll the period of continuance under
27 supervision until the final determination of the charge, and
28 the term of the continuance under supervision shall not run
29 until the hearing and disposition of the petition for
30 violation; provided where the petition alleges conduct that
31 does not constitute a criminal offense, the hearing must be
32 held within 30 days of the filing of the petition unless a
33 delay shall continue the tolling of the period of continuance
34 under supervision for the period of the delay.
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1 (8) When a hearing in which a minor is alleged to be a
2 delinquent for reasons that include a violation of Section
3 21-1.3 of the Criminal Code of 1961 is continued under this
4 Section, the court shall, as a condition of the continuance
5 under supervision, require the minor to perform community
6 service for not less than 30 and not more than 120 hours, if
7 community service is available in the jurisdiction. The
8 community service shall include, but need not be limited to,
9 the cleanup and repair of the damage that was caused by the
10 alleged violation or similar damage to property located in
11 the municipality or county in which the alleged violation
12 occurred. The condition may be in addition to any other
13 condition.
14 (9) When a hearing in which a minor is alleged to be a
15 delinquent is continued under this Section, the court, before
16 continuing the case, shall make a finding whether the offense
17 alleged to have been committed either: (i) was related to or
18 in furtherance of the activities of an organized gang or was
19 motivated by the minor's membership in or allegiance to an
20 organized gang, or (ii) is a violation of paragraph (13) of
21 subsection (a) of Section 12-2 of the Criminal Code of 1961,
22 a violation of any Section of Article 24 of the Criminal Code
23 of 1961, or a violation of any statute that involved the
24 unlawful use of a firearm. If the court determines the
25 question in the affirmative the court shall, as a condition
26 of the continuance under supervision and as part of or in
27 addition to any other condition of the supervision, require
28 the minor to perform community service for not less than 30
29 hours nor more than 120 hours, provided that community
30 service is available in the jurisdiction and is funded and
31 approved by the county board of the county where the offense
32 was committed. The community service shall include, but need
33 not be limited to, the cleanup and repair of any damage
34 caused by an alleged violation of Section 21-1.3 of the
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1 Criminal Code of 1961 and similar damage to property located
2 in the municipality or county in which the alleged violation
3 occurred. When possible and reasonable, the community
4 service shall be performed in the minor's neighborhood. For
5 the purposes of this Section, "organized gang" has the
6 meaning ascribed to it in Section 10 of the Illinois
7 Streetgang Terrorism Omnibus Prevention Act.
8 (10) The court shall impose upon a minor placed on
9 supervision, as a condition of the supervision, a fee of $25
10 for each month of supervision ordered by the court, unless
11 after determining the inability of the minor placed on
12 supervision to pay the fee, the court assesses a lesser
13 amount. The court may not impose the fee on a minor who is
14 made a ward of the State under this Act while the minor is in
15 placement. The fee shall be imposed only upon a minor who is
16 actively supervised by the probation and court services
17 department. A court may order the parent, guardian, or legal
18 custodian of the minor to pay some or all of the fee on the
19 minor's behalf.
20 (705 ILCS 405/5-620 new)
21 Sec. 5-620. Findings.
22 After hearing the evidence, the court shall make and note
23 in the minutes of the proceeding a finding of whether or not
24 the minor is guilty. If it finds that the minor is not
25 guilty, the court shall order the petition dismissed and the
26 minor discharged from any detention or restriction previously
27 ordered in such proceeding. If the court finds that the
28 minor is guilty, the court shall then set a time for a
29 sentencing hearing to be conducted under Section 5-705 at
30 which hearing the court shall determine whether it is in the
31 best interests of the minor and the public that he or she be
32 made a ward of the court. To assist the court in making this
33 and other determinations at the sentencing hearing, the court
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1 may order that an investigation be conducted and a social
2 investigation report be prepared.
3 (705 ILCS 405/5-625 new)
4 Sec. 5-625. Absence of minor.
5 (1) When a minor after arrest and an initial court
6 appearance for a felony, fails to appear for trial, at the
7 request of the State and after the State has affirmatively
8 proven through substantial evidence that the minor is
9 willfully avoiding trial, the court may commence trial in the
10 absence of the minor. The absent minor must be represented
11 by retained or appointed counsel. If trial had previously
12 commenced in the presence of the minor and the minor
13 willfully absents himself for 2 successive court days, the
14 court shall proceed to trial. All procedural rights
15 guaranteed by the United States Constitution, Constitution of
16 the State of Illinois, statutes of the State of Illinois, and
17 rules of court shall apply to the proceedings the same as if
18 the minor were present in court. The court may set the case
19 for a trial which may be conducted under this Section despite
20 the failure of the minor to appear at the hearing at which
21 the trial date is set. When the trial date is set the clerk
22 shall send to the minor, by certified mail at his or her last
23 known address, notice of the new date which has been set for
24 trial. The notification shall be required when the minor was
25 not personally present in open court at the time when the
26 case was set for trial.
27 (2) The absence of the minor from a trial conducted
28 under this Section does not operate as a bar to concluding
29 the trial, to a finding of guilty resulting from the trial,
30 or to a final disposition of the trial in favor of the minor.
31 (3) Upon a finding or verdict of not guilty the court
32 shall enter finding for the minor. Upon a finding or verdict
33 of guilty, the court shall set a date for the hearing of
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1 post-trial motions and shall hear the motion in the absence
2 of the minor. If post-trial motions are denied, the court
3 shall proceed to conduct a sentencing hearing and to impose a
4 sentence upon the minor. A social investigation is waived if
5 the minor is absent.
6 (4) A minor who is absent for part of the proceedings of
7 trial, post-trial motions, or sentencing, does not thereby
8 forfeit his or her right to be present at all remaining
9 proceedings.
10 (5) When a minor who in his or her absence has been
11 either found guilty or sentenced or both found guilty and
12 sentenced appears before the court, he or she must be granted
13 a new trial or a new sentencing hearing if the minor can
14 establish that his or her failure to appear in court was both
15 without his or her fault and due to circumstances beyond his
16 or her control. A hearing with notice to the State's
17 Attorney on the minors request for a new trial or a new
18 sentencing hearing must be held before any such request may
19 be granted. At any such hearing both the minor and the State
20 may present evidence.
21 (6) If the court grants only the minor's request for a
22 new sentencing hearing, then a new sentencing hearing shall
23 be held in accordance with the provisions of this Article. At
24 any such hearing, both the minor and the State may offer
25 evidence of the minor's conduct during his or her period of
26 absence from the court. The court may impose any sentence
27 authorized by this Article and in the case of an extended
28 juvenile jurisdiction prosecution the Unified Code of
29 Corrections and is not in any way limited or restricted by
30 any sentence previously imposed.
31 (7) A minor whose motion under subsection (5) for a new
32 trial or new sentencing hearing has been denied may file a
33 notice of appeal from the denial. The notice may also include
34 a request for review of the finding and sentence not vacated
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1 by the trial court.
2 (705 ILCS 405/Art. V, Part 7 heading new)
3 PART 7. PROCEEDINGS AFTER TRIAL, SENTENCING
4 (705 ILCS 405/5-701 new)
5 Sec. 5-701. Social investigation report. Upon the order
6 of the court, a social investigation report shall be prepared
7 and delivered to the parties at least 3 days prior to the
8 sentencing hearing. The written report of social
9 investigation shall include an investigation and report of
10 the minor's physical and mental history and condition, family
11 situation and background, economic status, education,
12 occupation, personal habits, minor's history of delinquency
13 or criminality or other matters which have been brought to
14 the attention of the juvenile court, information about
15 special resources known to the person preparing the report
16 which might be available to assist in the minor's
17 rehabilitation, and any other matters which may be helpful to
18 the court or which the court directs to be included.
19 (705 ILCS 405/5-705 new)
20 Sec. 5-705. Sentencing hearing; evidence; continuance.
21 (1) At the sentencing hearing, the court shall determine
22 whether it is in the best interests of the minor or the
23 public that he or she be made a ward of the court, and, if he
24 or she is to be made a ward of the court, the court shall
25 determine the proper disposition best serving the interests
26 of the minor and the public. All evidence helpful in
27 determining these questions, including oral and written
28 reports, may be admitted and may be relied upon to the extent
29 of its probative value, even though not competent for the
30 purposes of the trial. A record of a prior continuance under
31 supervision under Section 5-615, whether successfully
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1 completed or not, is admissible at the sentencing hearing.
2 No order of commitment to the Department of Corrections,
3 Juvenile Division, shall be entered against a minor before a
4 written report of social investigation, which has been
5 completed within the previous 60 days, is presented to and
6 considered by the court.
7 (2) Once a party has been served in compliance with
8 Section 5-525, no further service or notice must be given to
9 that party prior to proceeding to a sentencing hearing.
10 Before imposing sentence the court shall advise the State's
11 Attorney and the parties who are present or their counsel of
12 the factual contents and the conclusions of the reports
13 prepared for the use of the court and considered by it, and
14 afford fair opportunity, if requested, to controvert them.
15 Factual contents, conclusions, documents and sources
16 disclosed by the court under this paragraph shall not be
17 further disclosed without the express approval of the court.
18 (3) On its own motion or that of the State's Attorney, a
19 parent, guardian, legal custodian, or counsel, the court may
20 adjourn the hearing for a reasonable period to receive
21 reports or other evidence and, in such event, shall make an
22 appropriate order for detention of the minor or his or her
23 release from detention subject to supervision by the court
24 during the period of the continuance. In the event the court
25 shall order detention hereunder, the period of the
26 continuance shall not exceed 30 court days. At the end of
27 such time, the court shall release the minor from detention
28 unless notice is served at least 3 days prior to the hearing
29 on the continued date that the State will be seeking an
30 extension of the period of detention, which notice shall
31 state the reason for the request for the extension. The
32 extension of detention may be for a maximum period of an
33 additional 15 court days or a lesser number of days at the
34 discretion of the court. However, at the expiration of the
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1 period of extension, the court shall release the minor from
2 detention if a further continuance is granted. In scheduling
3 investigations and hearings, the court shall give priority to
4 proceedings in which a minor is in detention or has otherwise
5 been removed from his or her home before a sentencing order
6 has been made.
7 (4) When commitment to the Department of Corrections,
8 Juvenile Division, is ordered, the court shall state the
9 basis for selecting the particular disposition, and the court
10 shall prepare such a statement for inclusion in the record.
11 (705 ILCS 405/5-710 new)
12 Sec. 5-710. Kinds of sentencing orders.
13 (1) The following kinds of sentencing orders may be made
14 in respect of wards of the court:
15 (a) Except as provided in Sections 5-805, 5-810,
16 5-815, a minor who is found guilty under Section 5-620
17 may be:
18 (i) put on probation or conditional discharge
19 and released to his or her parents, guardian or
20 legal custodian, provided, however, that any such
21 minor who is not committed to the Department of
22 Corrections, Juvenile Division under this subsection
23 and who is found to be a delinquent for an offense
24 which is first degree murder, a Class X felony, or a
25 forcible felony shall be placed on probation;
26 (ii) placed in accordance with Section 5-740,
27 with or without also being put on probation or
28 conditional discharge;
29 (iii) required to undergo a substance abuse
30 assessment conducted by a licensed provider and
31 participate in the indicated clinical level of care;
32 (iv) placed in the guardianship of the
33 Department of Children and Family Services, but only
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1 if the delinquent minor is under 13 years of age;
2 (v) placed in detention for a period not to
3 exceed 30 days, either as the exclusive order of
4 disposition or, where appropriate, in conjunction
5 with any other order of disposition issued under
6 this paragraph, provided that any such detention
7 shall be in a juvenile detention home and the minor
8 so detained shall be 10 years of age or older.
9 However, the 30-day limitation may be extended by
10 further order of the court for a minor under age 13
11 committed to the Department of Children and Family
12 Services if the court finds that the minor is a
13 danger to himself or others. The minor shall be
14 given credit on the sentencing order of detention
15 for time spent in detention under Sections 5-501,
16 5-601, 5-710, or 5-720 of this Article as a result
17 of the offense for which the sentencing order was
18 imposed. The court may grant credit on a sentencing
19 order of detention entered under a violation of
20 probation or violation of conditional discharge
21 under Section 5-720 of this Article for time spent
22 in detention before the filing of the petition
23 alleging the violation. A minor shall not be
24 deprived of credit for time spent in detention
25 before the filing of a violation of probation or
26 conditional discharge alleging the same or related
27 act or acts;
28 (vi) ordered partially or completely
29 emancipated in accordance with the provisions of the
30 Emancipation of Mature Minors Act;
31 (vii) subject to having his or her driver's
32 license or driving privileges suspended for such
33 time as determined by the court but only until he or
34 she attains 18 years of age; or
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1 (viii) put on probation or conditional
2 discharge and placed in detention under Section
3 3-6039 of the Counties Code for a period not to
4 exceed the period of incarceration permitted by law
5 for adults found guilty of the same offense or
6 offenses for which the minor was adjudicated
7 delinquent, and in any event no longer than upon
8 attainment of age 21; this subdivision (viii)
9 notwithstanding any contrary provision of the law.
10 (b) A minor found to be guilty may be committed to
11 the Department of Corrections, Juvenile Division, under
12 Section 5-750 if the minor is 13 years of age or older,
13 provided that the commitment to the Department of
14 Corrections, Juvenile Division, shall be made only if a
15 term of incarceration is permitted by law for adults
16 found guilty of the offense for which the minor was
17 adjudicated delinquent. The time during which a minor is
18 in custody before being released upon the request of a
19 parent, guardian or legal custodian shall be considered
20 as time spent in detention.
21 (c) When a minor is found to be guilty for an
22 offense which is a violation of the Illinois Controlled
23 Substances Act or the Cannabis Control Act and made a
24 ward of the court, the court may enter a disposition
25 order requiring the minor to undergo assessment,
26 counseling or treatment in a substance abuse program
27 approved by the Department of Human Services.
28 (2) Any sentencing order other than commitment to the
29 Department of Corrections, Juvenile Division, may provide for
30 protective supervision under Section 5-725 and may include an
31 order of protection under Section 5-730.
32 (3) Unless the sentencing order expressly so provides,
33 it does not operate to close proceedings on the pending
34 petition, but is subject to modification until final closing
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1 and discharge of the proceedings under Section 5-750.
2 (4) In addition to any other sentence, the court may
3 order any minor found to be delinquent to make restitution,
4 in monetary or non-monetary form, under the terms and
5 conditions of Section 5-5-6 of the Unified Code of
6 Corrections, except that the "presentencing hearing" referred
7 to in that Section shall be the sentencing hearing for
8 purposes of this Section. The parent, guardian or legal
9 custodian of the minor may be ordered by the court to pay
10 some or all of the restitution on the minor's behalf,
11 pursuant to the Parental Responsibility Law. The State's
12 Attorney is authorized to act on behalf of any victim in
13 seeking restitution in proceedings under this Section, up to
14 the maximum amount allowed in Section 5 of the Parental
15 Responsibility Law.
16 (5) Any sentencing order where the minor is committed or
17 placed in accordance with Section 5-740 shall provide for the
18 parents or guardian of the estate of the minor to pay to the
19 legal custodian or guardian of the person of the minor such
20 sums as are determined by the custodian or guardian of the
21 person of the minor as necessary for the minor's needs. The
22 payments may not exceed the maximum amounts provided for by
23 Section 9.1 of the Children and Family Services Act.
24 (6) Whenever the sentencing order requires the minor to
25 attend school or participate in a program of training, the
26 truant officer or designated school official shall regularly
27 report to the court if the minor is a chronic or habitual
28 truant under Section 26-2a of the School Code.
29 (7) In no event shall a guilty minor be committed to the
30 Department of Corrections, Juvenile Division for a period of
31 time in excess of that period for which an adult could be
32 committed for the same act.
33 (8) A minor found to be guilty for reasons that include
34 a violation of Section 21-1.3 of the Criminal Code of 1961
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1 shall be ordered to perform community service for not less
2 than 30 and not more than 120 hours, if community service is
3 available in the jurisdiction. The community service shall
4 include, but need not be limited to, the cleanup and repair
5 of the damage that was caused by the violation or similar
6 damage to property located in the municipality or county in
7 which the violation occurred. The order may be in addition
8 to any other order authorized by this Section.
9 (9) In addition to any other sentencing order, the court
10 shall order any minor found to be guilty for an act which
11 would constitute, predatory criminal sexual assault of a
12 child, aggravated criminal sexual assault, criminal sexual
13 assault, aggravated criminal sexual abuse, or criminal sexual
14 abuse if committed by an adult to undergo medical testing to
15 determine whether the defendant has any sexually
16 transmissible disease including a test for infection with
17 human immunodeficiency virus (HIV) or any other identified
18 causative agency of acquired immunodeficiency syndrome
19 (AIDS). Any medical test shall be performed only by
20 appropriately licensed medical practitioners and may include
21 an analysis of any bodily fluids as well as an examination of
22 the minor's person. Except as otherwise provided by law, the
23 results of the test shall be kept strictly confidential by
24 all medical personnel involved in the testing and must be
25 personally delivered in a sealed envelope to the judge of the
26 court in which the sentencing order was entered for the
27 judge's inspection in camera. Acting in accordance with the
28 best interests of the victim and the public, the judge shall
29 have the discretion to determine to whom the results of the
30 testing may be revealed. The court shall notify the minor of
31 the results of the test for infection with the human
32 immunodeficiency virus (HIV). The court shall also notify
33 the victim if requested by the victim, and if the victim is
34 under the age of 15 and if requested by the victim's parents
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1 or legal guardian, the court shall notify the victim's
2 parents or the legal guardian, of the results of the test for
3 infection with the human immunodeficiency virus (HIV). The
4 court shall provide information on the availability of HIV
5 testing and counseling at the Department of Public Health
6 facilities to all parties to whom the results of the testing
7 are revealed. The court shall order that the cost of any
8 test shall be paid by the county and may be taxed as costs
9 against the minor.
10 (10) When a court finds a minor to be guilty the court
11 shall, before entering a sentencing order under this Section,
12 make a finding whether the offense committed either: (a) was
13 related to or in furtherance of the criminal activities of an
14 organized gang or was motivated by the minor's membership in
15 or allegiance to an organized gang, or (b) involved a
16 violation of subsection (a) of Section 12-7.1 of the Criminal
17 Code of 1961, a violation of any Section of Article 24 of the
18 Criminal Code of 1961, or a violation of any statute that
19 involved the wrongful use of a firearm. If the court
20 determines the question in the affirmative, and the court
21 does not commit the minor to the Department of Corrections,
22 Juvenile Division, the court shall order the minor to perform
23 community service for not less than 30 hours nor more than
24 120 hours, provided that community service is available in
25 the jurisdiction and is funded and approved by the county
26 board of the county where the offense was committed. The
27 community service shall include, but need not be limited to,
28 the cleanup and repair of any damage caused by a violation of
29 Section 21-1.3 of the Criminal Code of 1961 and similar
30 damage to property located in the municipality or county in
31 which the violation occurred. When possible and reasonable,
32 the community service shall be performed in the minor's
33 neighborhood. This order shall be in addition to any other
34 order authorized by this Section except for an order to place
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1 the minor in the custody of the Department of Corrections,
2 Juvenile Division. For the purposes of this Section,
3 "organized gang" has the meaning ascribed to it in Section 10
4 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
5 (705 ILCS 405/5-715 new)
6 Sec. 5-715. Probation.
7 (1) The period of probation or conditional discharge
8 shall not exceed 5 years or until the minor has attained the
9 age of 21 years, whichever is less, except as provided in
10 this Section for a minor who is found to be guilty for an
11 offense which is first degree murder, a Class X felony or a
12 forcible felony. The juvenile court may terminate probation
13 or conditional discharge and discharge the minor at any time
14 if warranted by the conduct of the minor and the ends of
15 justice; provided, however, that the period of probation for
16 a minor who is found to be guilty for an offense which is
17 first degree murder, a Class X felony, or a forcible felony
18 shall be at least 5 years.
19 (2) The court may as a condition of probation or of
20 conditional discharge require that the minor:
21 (a) not violate any criminal statute of any
22 jurisdiction;
23 (b) make a report to and appear in person before
24 any person or agency as directed by the court;
25 (c) work or pursue a course of study or vocational
26 training;
27 (d) undergo medical or psychiatric treatment,
28 rendered by a psychiatrist or psychological treatment
29 rendered by a clinical psychologist or social work
30 services rendered by a clinical social worker, or
31 treatment for drug addiction or alcoholism;
32 (e) attend or reside in a facility established for
33 the instruction or residence of persons on probation;
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1 (f) support his or her dependents, if any;
2 (g) refrain from possessing a firearm or other
3 dangerous weapon, or an automobile;
4 (h) permit the probation officer to visit him or
5 her at his or her home or elsewhere;
6 (i) reside with his or her parents or in a foster
7 home;
8 (j) attend school;
9 (k) attend a non-residential program for youth;
10 (l) make restitution under the terms of subsection
11 (4) of Section 5-710;
12 (m) contribute to his or her own support at home or
13 in a foster home;
14 (n) perform some reasonable public or community
15 service;
16 (o) participate with community corrections programs
17 including unified delinquency intervention services
18 administered by the Department of Human Services subject
19 to Section 5 of the Children and Family Services Act;
20 (p) pay costs;
21 (q) serve a term of home confinement. In addition
22 to any other applicable condition of probation or
23 conditional discharge, the conditions of home confinement
24 shall be that the minor:
25 (i) remain within the interior premises of the
26 place designated for his or her confinement during
27 the hours designated by the court;
28 (ii) admit any person or agent designated by
29 the court into the minor's place of confinement at
30 any time for purposes of verifying the minor's
31 compliance with the conditions of his or her
32 confinement; and
33 (iii) use an approved electronic monitoring
34 device if ordered by the court subject to Article 8A
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1 of Chapter V of the Unified Code of Corrections;
2 (r) refrain from entering into a designated
3 geographic area except upon terms as the court finds
4 appropriate. The terms may include consideration of the
5 purpose of the entry, the time of day, other persons
6 accompanying the minor, and advance approval by a
7 probation officer, if the minor has been placed on
8 probation, or advance approval by the court, if the minor
9 has been placed on conditional discharge;
10 (s) refrain from having any contact, directly or
11 indirectly, with certain specified persons or particular
12 types of persons, including but not limited to members of
13 street gangs and drug users or dealers;
14 (t) refrain from having in his or her body the
15 presence of any illicit drug prohibited by the Cannabis
16 Control Act or the Illinois Controlled Substances Act,
17 unless prescribed by a physician, and shall submit
18 samples of his or her blood or urine or both for tests to
19 determine the presence of any illicit drug; or
20 (u) comply with other conditions as may be ordered
21 by the court.
22 (3) The court may as a condition of probation or of
23 conditional discharge require that a minor found guilty on
24 any alcohol, cannabis, or controlled substance violation,
25 refrain from acquiring a driver's license during the period
26 of probation or conditional discharge. If the minor is in
27 possession of a permit or license, the court may require that
28 the minor refrain from driving or operating any motor vehicle
29 during the period of probation or conditional discharge,
30 except as may be necessary in the course of the minor's
31 lawful employment.
32 (4) A minor on probation or conditional discharge shall
33 be given a certificate setting forth the conditions upon
34 which he or she is being released.
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1 (5) The court shall impose upon a minor placed on
2 probation or conditional discharge, as a condition of the
3 probation or conditional discharge, a fee of $25 for each
4 month of probation or conditional discharge supervision
5 ordered by the court, unless after determining the inability
6 of the minor placed on probation or conditional discharge to
7 pay the fee, the court assesses a lesser amount. The court
8 may not impose the fee on a minor who is made a ward of the
9 State under this Act while the minor is in placement. The
10 fee shall be imposed only upon a minor who is actively
11 supervised by the probation and court services department.
12 The court may order the parent, guardian, or legal custodian
13 of the minor to pay some or all of the fee on the minor's
14 behalf.
15 (6) The General Assembly finds that in order to protect
16 the public, the juvenile justice system must compel
17 compliance with the conditions of probation by responding to
18 violations with swift, certain, and fair punishments and
19 intermediate sanctions. The Chief Judge of each circuit
20 shall adopt a system of structured, intermediate sanctions
21 for violations of the terms and conditions of a sentence of
22 supervision, probation or conditional discharge, under this
23 Act.
24 The court shall provide as a condition of a disposition
25 of probation, conditional discharge, or supervision, that the
26 probation agency may invoke any sanction from the list of
27 intermediate sanctions adopted by the chief judge of the
28 circuit court for violations of the terms and conditions of
29 the sentence of probation, conditional discharge, or
30 supervision, subject to the provisions of Section 5-720 of
31 this Act.
32 (705 ILCS 405/5-720 new)
33 Sec. 5-720. Probation revocation.
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1 (1) If a petition is filed charging a violation of a
2 condition of probation or of conditional discharge, the court
3 shall:
4 (a) order the minor to appear; or
5 (b) order the minor's detention if the court finds
6 that the detention is a matter of immediate and urgent
7 necessity for the protection of the minor or of the
8 person or property of another or that the minor is likely
9 to flee the jurisdiction of the court, provided that any
10 such detention shall be in a juvenile detention home and
11 the minor so detained shall be 10 years of age or older;
12 and
13 (c) notify the persons named in the petition under
14 Section 5-520, in accordance with the provisions of
15 Section 5-530.
16 In making its detention determination under paragraph (b)
17 of this subsection (1) of this Section, the court may use
18 information in its findings offered at such a hearing by way
19 of proffer based upon reliable information presented by the
20 State, probation officer, or the minor. The filing of a
21 petition for violation of a condition of probation or of
22 conditional discharge shall toll the period of probation or
23 of conditional discharge until the final determination of the
24 charge, and the term of probation or conditional discharge
25 shall not run until the hearing and disposition of the
26 petition for violation.
27 (2) The court shall conduct a hearing of the alleged
28 violation of probation or of conditional discharge. The
29 minor shall not be held in detention longer than 15 days
30 pending the determination of the alleged violation.
31 (3) At the hearing, the State shall have the burden of
32 going forward with the evidence and proving the violation by
33 a preponderance of the evidence. The evidence shall be
34 presented in court with the right of confrontation,
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1 cross-examination, and representation by counsel.
2 (4) If the court finds that the minor has violated a
3 condition at any time prior to the expiration or termination
4 of the period of probation or conditional discharge, it may
5 continue him or her on the existing sentence, with or without
6 modifying or enlarging the conditions, or may revoke
7 probation or conditional discharge and impose any other
8 sentence that was available under Section 5-710 at the time
9 of the initial sentence.
10 (5) The conditions of probation and of conditional
11 discharge may be reduced or enlarged by the court on motion
12 of the probation officer or on its own motion or at the
13 request of the minor after notice and hearing under this
14 Section.
15 (6) Sentencing after revocation of probation or of
16 conditional discharge shall be under Section 5-705.
17 (7) Instead of filing a violation of probation or of
18 conditional discharge, the probation officer, with the
19 concurrence of his or her supervisor, may serve on the minor
20 a notice of intermediate sanctions. The notice shall contain
21 the technical violation or violations involved, the date or
22 dates of the violation or violations, and the intermediate
23 sanctions to be imposed. Upon receipt of the notice, the
24 minor shall immediately accept or reject the intermediate
25 sanctions. If the sanctions are accepted, they shall be
26 imposed immediately. If the intermediate sanctions are
27 rejected or the minor does not respond to the notice, a
28 violation of probation or of conditional discharge shall be
29 immediately filed with the court. The State's Attorney and
30 the sentencing court shall be notified of the notice of
31 sanctions. Upon successful completion of the intermediate
32 sanctions, a court may not revoke probation or conditional
33 discharge or impose additional sanctions for the same
34 violation. A notice of intermediate sanctions may not be
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1 issued for any violation of probation or conditional
2 discharge which could warrant an additional, separate felony
3 charge.
4 (705 ILCS 405/5-725 new)
5 Sec. 5-725. Protective supervision. If the sentencing
6 order releases the minor to the custody of his or her
7 parents, guardian or legal custodian, or continues him or her
8 in such custody, the court may place the person having
9 custody of the minor, except for representatives of private
10 or public agencies or governmental departments, under
11 supervision of the probation office. Rules or orders of court
12 shall define the terms and conditions of protective
13 supervision, which may be modified or terminated when the
14 court finds that the best interests of the minor and the
15 public will be served by modifying or terminating protective
16 supervision.
17 (705 ILCS 405/5-730 new)
18 Sec. 5-730. Order of protection.
19 (1) The court may make an order of protection in
20 assistance of or as a condition of any other order authorized
21 by this Act. The order of protection may set forth
22 reasonable conditions of behavior to be observed for a
23 specified period. The order may require a person:
24 (a) to stay away from the home or the minor;
25 (b) to permit a parent to visit the minor at stated
26 periods;
27 (c) to abstain from offensive conduct against the
28 minor, his or her parent or any person to whom custody of
29 the minor is awarded;
30 (d) to give proper attention to the care of the
31 home;
32 (e) to cooperate in good faith with an agency to
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1 which custody of a minor is entrusted by the court or
2 with an agency or association to which the minor is
3 referred by the court;
4 (f) to prohibit and prevent any contact whatsoever
5 with the respondent minor by a specified individual or
6 individuals who are alleged in either a criminal or
7 juvenile proceeding to have caused injury to a respondent
8 minor or a sibling of a respondent minor;
9 (g) to refrain from acts of commission or omission
10 that tend to make the home not a proper place for the
11 minor.
12 (2) The court shall enter an order of protection to
13 prohibit and prevent any contact between a respondent minor
14 or a sibling of a respondent minor and any person named in a
15 petition seeking an order of protection who has been
16 convicted of heinous battery under Section 12-4.1, aggravated
17 battery of a child under Section 12-4.3, criminal sexual
18 assault under Section 12-13, aggravated criminal sexual
19 assault under Section 12-14, predatory criminal sexual
20 assault of a child under Section 12-14.1, criminal sexual
21 abuse under Section 12-15, or aggravated criminal sexual
22 abuse under Section 12-16 of the Criminal Code of 1961, or
23 has been convicted of an offense that resulted in the death
24 of a child, or has violated a previous order of protection
25 under this Section.
26 (3) When the court issues an order of protection against
27 any person as provided by this Section, the court shall
28 direct a copy of such order to the sheriff of that county.
29 The sheriff shall furnish a copy of the order of protection
30 to the Department of State Police within 24 hours of receipt,
31 in the form and manner required by the Department. The
32 Department of State Police shall maintain a complete record
33 and index of the orders of protection and make this data
34 available to all local law enforcement agencies.
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1 (4) After notice and opportunity for hearing afforded to
2 a person subject to an order of protection, the order may be
3 modified or extended for a further specified period or both
4 or may be terminated if the court finds that the best
5 interests of the minor and the public will be served by the
6 modification, extension, or termination.
7 (5) An order of protection may be sought at any time
8 during the course of any proceeding conducted under this Act.
9 Any person against whom an order of protection is sought may
10 retain counsel to represent him or her at a hearing, and has
11 rights to be present at the hearing, to be informed prior to
12 the hearing in writing of the contents of the petition
13 seeking a protective order and of the date, place, and time
14 of the hearing, and to cross-examine witnesses called by the
15 petitioner and to present witnesses and argument in
16 opposition to the relief sought in the petition.
17 (6) Diligent efforts shall be made by the petitioner to
18 serve any person or persons against whom any order of
19 protection is sought with written notice of the contents of
20 the petition seeking a protective order and of the date,
21 place and time at which the hearing on the petition is to be
22 held. When a protective order is being sought in conjunction
23 with a shelter care or detention hearing, if the court finds
24 that the person against whom the protective order is being
25 sought has been notified of the hearing or that diligent
26 efforts have been made to notify the person, the court may
27 conduct a hearing. If a protective order is sought at any
28 time other than in conjunction with a shelter care or
29 detention hearing, the court may not conduct a hearing on the
30 petition in the absence of the person against whom the order
31 is sought unless the petitioner has notified the person by
32 personal service at least 3 days before the hearing or has
33 sent written notice by first class mail to the person's last
34 known address at least 5 days before the hearing.
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1 (7) A person against whom an order of protection is
2 being sought who is neither a parent, guardian, or legal
3 custodian or responsible relative as described in Section 1-5
4 of this Act or is not a party or respondent as defined in
5 that Section shall not be entitled to the rights provided in
6 that Section. The person does not have a right to appointed
7 counsel or to be present at any hearing other than the
8 hearing in which the order of protection is being sought or a
9 hearing directly pertaining to that order. Unless the court
10 orders otherwise, the person does not have a right to inspect
11 the court file.
12 (8) All protective orders entered under this Section
13 shall be in writing. Unless the person against whom the order
14 was obtained was present in court when the order was issued,
15 the sheriff, other law enforcement official, or special
16 process server shall promptly serve that order upon that
17 person and file proof of that service, in the manner provided
18 for service of process in civil proceedings. The person
19 against whom the protective order was obtained may seek a
20 modification of the order by filing a written motion to
21 modify the order within 7 days after actual receipt by the
22 person of a copy of the order.
23 (705 ILCS 405/5-735 new)
24 Sec. 5-735. Enforcement of orders of protective
25 supervision or of protection.
26 (1) Orders of protective supervision and orders of
27 protection may be enforced by citation to show cause for
28 contempt of court by reason of any violation of the order
29 and, where protection of the welfare of the minor so
30 requires, by the issuance of a warrant to take the alleged
31 violator into custody and bring him or her before the court.
32 (2) In any case where an order of protection has been
33 entered, the clerk of the court may issue to the petitioner,
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1 to the minor or to any other person affected by the order a
2 certificate stating that an order of protection has been made
3 by the court concerning those persons and setting forth its
4 terms and requirements. The presentation of the certificate
5 to any peace officer authorizes him or her to take into
6 custody a person charged with violating the terms of the
7 order of protection, to bring the person before the court
8 and, within the limits of his or her legal authority as a
9 peace officer, otherwise to aid in securing the protection
10 the order is intended to afford.
11 (705 ILCS 405/5-740 new)
12 Sec. 5-740. Placement; legal custody or guardianship.
13 (1) If the court finds that the parents, guardian, or
14 legal custodian of a minor adjudged a ward of the court are
15 unfit or are unable, for some reason other than financial
16 circumstances alone, to care for, protect, train or
17 discipline the minor or are unwilling to do so, and that
18 appropriate services aimed at family preservation and family
19 reunification have been unsuccessful in rectifying the
20 conditions which have led to a finding of unfitness or
21 inability to care for, protect, train or discipline the
22 minor, and that it is in the best interest of the minor to
23 take him or her from the custody of his or her parents,
24 guardian or custodian, the court may:
25 (a) place him or her in the custody of a suitable
26 relative or other person;
27 (b) place him or her under the guardianship of a
28 probation officer;
29 (c) commit him or her to an agency for care or
30 placement, except an institution under the authority of
31 the Department of Corrections or of the Department of
32 Children and Family Services;
33 (d) commit him or her to some licensed training
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1 school or industrial school; or
2 (e) commit him or her to any appropriate
3 institution having among its purposes the care of
4 delinquent children, including a child protective
5 facility maintained by a child protection district
6 serving the county from which commitment is made, but not
7 including any institution under the authority of the
8 Department of Corrections or of the Department of
9 Children and Family Services.
10 (2) When making such placement, the court, wherever
11 possible, shall select a person holding the same religious
12 belief as that of the minor or a private agency controlled by
13 persons of like religious faith of the minor and shall
14 require the Department of Children and Family Services to
15 otherwise comply with Section 7 of the Children and Family
16 Services Act in placing the child. In addition, whenever
17 alternative plans for placement are available, the court
18 shall ascertain and consider, to the extent appropriate in
19 the particular case, the views and preferences of the minor.
20 (3) When a minor is placed with a suitable relative or
21 other person, the court shall appoint him or her the legal
22 custodian or guardian of the person of the minor. When a
23 minor is committed to any agency, the court shall appoint the
24 proper officer or representative of the proper officer as
25 legal custodian or guardian of the person of the minor.
26 Legal custodians and guardians of the person of the minor
27 have the respective rights and duties set forth in subsection
28 (9) of Section 5-105 except as otherwise provided by order of
29 court; but no guardian of the person may consent to adoption
30 of the minor. An agency whose representative is appointed
31 guardian of the person or legal custodian of the minor may
32 place him or her in any child care facility, but the facility
33 must be licensed under the Child Care Act of 1969 or have
34 been approved by the Department of Children and Family
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1 Services as meeting the standards established for such
2 licensing. Like authority and restrictions shall be
3 conferred by the court upon any probation officer who has
4 been appointed guardian of the person of a minor.
5 (4) No placement by any probation officer or agency
6 whose representative is appointed guardian of the person or
7 legal custodian of a minor may be made in any out of State
8 child care facility unless it complies with the Interstate
9 Compact on the Placement of Children.
10 (5) The clerk of the court shall issue to the guardian
11 or legal custodian of the person a certified copy of the
12 order of court, as proof of his or her authority. No other
13 process is necessary as authority for the keeping of the
14 minor.
15 (6) Legal custody or guardianship granted under this
16 Section continues until the court otherwise directs, but not
17 after the minor reaches the age of 21 years except as set
18 forth in Section 5-750.
19 (705 ILCS 405/5-745 new)
20 Sec. 5-745. Court review.
21 (1) The court may require any legal custodian or
22 guardian of the person appointed under this Act to report
23 periodically to the court or may cite him or her into court
24 and require him or her, or his or her agency, to make a full
25 and accurate report of his or her or its doings in behalf of
26 the minor. The legal custodian or guardian, within 10 days
27 after the citation, shall make the report, either in writing
28 verified by affidavit or orally under oath in open court, or
29 otherwise as the court directs. Upon the hearing of the
30 report the court may remove the legal custodian or guardian
31 and appoint another in his or her stead or restore the minor
32 to the custody of his or her parents or former guardian or
33 legal custodian.
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1 (2) A guardian or legal custodian appointed by the court
2 under this Act shall file updated case plans with the court
3 every 6 months. Every agency which has guardianship of a
4 child shall file a supplemental petition for court review, or
5 review by an administrative body appointed or approved by the
6 court and further order within 18 months of the sentencing
7 order and each 18 months thereafter. The petition shall
8 state facts relative to the child's present condition of
9 physical, mental and emotional health as well as facts
10 relative to his or her present custodial or foster care. The
11 petition shall be set for hearing and the clerk shall mail 10
12 days notice of the hearing by certified mail, return receipt
13 requested, to the person or agency having the physical
14 custody of the child, the minor and other interested parties
15 unless a written waiver of notice is filed with the petition.
16 Rights of wards of the court under this Act are
17 enforceable against any public agency by complaints for
18 relief by mandamus filed in any proceedings brought under
19 this Act.
20 (3) The minor or any person interested in the minor may
21 apply to the court for a change in custody of the minor and
22 the appointment of a new custodian or guardian of the person
23 or for the restoration of the minor to the custody of his or
24 her parents or former guardian or custodian. In the event
25 that the minor has attained 18 years of age and the guardian
26 or custodian petitions the court for an order terminating his
27 or her guardianship or custody, guardianship or legal custody
28 shall terminate automatically 30 days after the receipt of
29 the petition unless the court orders otherwise. No legal
30 custodian or guardian of the person may be removed without
31 his or her consent until given notice and an opportunity to
32 be heard by the court.
33 (705 ILCS 405/5-750 new)
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1 Sec. 5-750. Commitment to the Department of Corrections,
2 Juvenile Division.
3 (1) Except as provided in subsection (2) of this
4 Section, when any delinquent has been adjudged a ward of the
5 court under this Act, the court may commit him or her to the
6 Department of Corrections, Juvenile Division, if it finds
7 that (a) his or her parents, guardian or legal custodian are
8 unfit or are unable, for some reason other than financial
9 circumstances alone, to care for, protect, train or
10 discipline the minor, or are unwilling to do so, and the best
11 interests of the minor and the public will not be served by
12 placement under Section 5-740 or; (b) it is necessary to
13 ensure the protection of the public from the consequences of
14 criminal activity of the delinquent.
15 (2) When a minor of the age of at least 13 years is
16 adjudged delinquent for the offense of first degree murder,
17 the court shall declare the minor a ward of the court and
18 order the minor committed to the Department of Corrections,
19 Juvenile Division, until the minor's 21st birthday, without
20 the possibility of parole, furlough, or non-emergency
21 authorized absence for a period of 5 years from the date the
22 minor was committed to the Department of Corrections, except
23 that the time that a minor spent in custody for the instant
24 offense before being committed to the Department shall be
25 considered as time credited towards that 5 year period.
26 Nothing in this subsection (2) shall preclude the State's
27 Attorney from seeking to prosecute a minor as an adult as an
28 alternative to proceeding under this Act.
29 (3) Except as provided in subsection (2), the commitment
30 of a delinquent to the Department of Corrections shall be for
31 an indeterminate term which shall automatically terminate
32 upon the delinquent attaining the age of 21 years unless the
33 delinquent is sooner discharged from parole or custodianship
34 is otherwise terminated in accordance with this Act or as
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1 otherwise provided for by law.
2 (4) When the court commits a minor to the Department of
3 Corrections, it shall order him or her conveyed forthwith to
4 the appropriate reception station or other place designated
5 by the Department of Corrections, and shall appoint the
6 Assistant Director of Corrections, Juvenile Division, legal
7 custodian of the minor. The clerk of the court shall issue
8 to the Assistant Director of Corrections, Juvenile Division,
9 a certified copy of the order, which constitutes proof of the
10 Director's authority. No other process need issue to warrant
11 the keeping of the minor.
12 (5) If a minor is committed to the Department of
13 Corrections, Juvenile Division, the clerk of the court shall
14 forward to the Department:
15 (a) the disposition ordered;
16 (b) all reports;
17 (c) the court's statement of the basis for ordering
18 the disposition; and
19 (d) all additional matters which the court directs
20 the clerk to transmit.
21 (6) Whenever the Department of Corrections lawfully
22 discharges from its custody and control a minor committed to
23 it, the Assistant Director of Corrections, Juvenile Division,
24 shall petition the court for an order terminating his or her
25 custodianship. The custodianship shall terminate
26 automatically 30 days after receipt of the petition unless
27 the court orders otherwise.
28 (705 ILCS 405/5-755 new)
29 Sec. 5-755. Duration of wardship and discharge of
30 proceedings.
31 (1) All proceedings under this Act in respect of any
32 minor for whom a petition was filed on or after the effective
33 date of this amendatory Act of 1998 automatically terminate
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1 upon his or her attaining the age of 21 years except that
2 provided in Section 5-810.
3 (2) Whenever the court finds that the best interests of
4 the minor and the public no longer require the wardship of
5 the court, the court shall order the wardship terminated and
6 all proceedings under this Act respecting that minor finally
7 closed and discharged. The court may at the same time
8 continue or terminate any custodianship or guardianship
9 previously ordered but the termination must be made in
10 compliance with Section 5-745.
11 (3) The wardship of the minor and any legal
12 custodianship or guardianship respecting the minor for whom a
13 petition was filed on or after the effective date of this
14 amendatory Act of 1998 automatically terminates when he or
15 she attains the age of 21 years except as set forth in
16 subsection (1) of this Section. The clerk of the court shall
17 at that time record all proceedings under this Act as finally
18 closed and discharged for that reason.
19 (705 ILCS 405/Art. V, Part 8 heading new)
20 PART 8. VIOLENT AND HABITUAL JUVENILE
21 OFFENDER PROVISIONS
22 (705 ILCS 405/5-801 new)
23 Sec. 5-801. Legislative declaration. The General
24 Assembly finds that a substantial and disproportionate amount
25 of serious crime is committed by a relatively small number of
26 juvenile offenders. Part 8 of this Article addresses these
27 juvenile offenders and, in all proceedings under Sections
28 5-805, 5-810, and 5-815, the community's right to be
29 protected shall be the most important purpose of the
30 proceedings.
31 (705 ILCS 405/5-805 new)
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1 Sec. 5-805. Transfer of jurisdiction.
2 (1) 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
5 forcible felony under the laws of this State, and if a
6 motion by the State's Attorney to prosecute the minor
7 under the criminal laws of Illinois for the alleged
8 forcible felony alleges that (i) the minor has previously
9 been adjudicated delinquent or found guilty for
10 commission of an act that constitutes a felony under the
11 laws of this State or any other state and (ii) the act
12 that constitutes the offense was committed in furtherance
13 of criminal activity by an organized gang, the Juvenile
14 Judge assigned to hear and determine those motions shall,
15 upon determining that there is probable cause that both
16 allegations are true, enter an order permitting
17 prosecution under the criminal laws of 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
21 State's Attorney to prosecute the minor under the
22 criminal laws of Illinois for the alleged felony alleges
23 that (i) the minor has previously been adjudicated
24 delinquent or found guilty for commission of an act that
25 constitutes a forcible felony under the laws of this
26 State or any other state and (ii) the act that
27 constitutes the offense was committed in furtherance of
28 criminal activities by an organized gang, the Juvenile
29 Judge assigned to hear and determine those motions shall,
30 upon determining that there is probable cause that both
31 allegations are true, enter an order permitting
32 prosecution under the criminal laws of 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
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1 offense enumerated in the presumptive transfer provisions
2 of subsection (2); and (ii) the minor has previously been
3 adjudicated delinquent or found guilty of a forcible
4 felony, the Juvenile Judge designated to hear and
5 determine those motions shall, upon determining that
6 there is probable cause that both allegations are true,
7 enter an order permitting prosecution under the criminal
8 laws of Illinois.
9 (2) Presumptive transfer.
10 (a) If the State's Attorney files a petition, at
11 any time prior to commencement of the minor's trial, to
12 permit prosecution under the criminal laws and the
13 petition alleges the commission by a minor 15 years of
14 age or older of: (i) a Class X felony other than armed
15 violence; (ii) aggravated discharge of a firearm; (iii)
16 armed violence with a firearm when the predicate offense
17 is a Class 1 or Class 2 felony and the State's Attorney's
18 motion to transfer the case alleges that the offense
19 committed is in furtherance of the criminal activities of
20 an organized gang; (iv) armed violence with a firearm
21 when the predicate offense is a violation of the Illinois
22 Controlled Substances Act or a violation of the Cannabis
23 Control Act; (v) armed violence when the weapon involved
24 was a machine gun or other weapon described in subsection
25 (a)(7) of Section 24-1 of the Criminal Code of 1961, and,
26 if the juvenile judge assigned to hear and determine
27 motions to transfer a case for prosecution in the
28 criminal court determines that there is probable cause to
29 believe that the allegations in the petition and motion
30 are true, there is a rebuttable presumption that the
31 minor is not a fit and proper subject to be dealt with
32 under the Juvenile Justice Reform Provisions of 1998, and
33 that, except as provided in paragraph (b), the case
34 should be transferred to the criminal court.
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1 (b) The judge shall enter an order permitting
2 prosecution under the criminal laws of Illinois unless
3 the judge makes a finding based on clear and convincing
4 evidence that the minor would be amenable to the care,
5 treatment, and training programs available through the
6 facilities of the juvenile court based on an evaluation
7 of the following:
8 (i) The seriousness of the alleged offense;
9 (ii) The minor's history of delinquency;
10 (iii) The age of the minor;
11 (iv) The culpability of the minor in committing
12 the alleged offense;
13 (v) Whether the offense was committed in an
14 aggressive or premeditated manner;
15 (vi) Whether the minor used or possessed a deadly
16 weapon when committing the alleged offense;
17 (vii) The minor's history of services, including
18 the minor's willingness to participate meaningfully in
19 available services;
20 (viii) Whether there is a reasonable likelihood that
21 the minor can be rehabilitated before the expiration of
22 the juvenile court's jurisdiction;
23 (ix) The adequacy of the punishment or services
24 available in the juvenile justice system.
25 In considering these factors, the court shall give
26 greater weight to the seriousness of the alleged offense and
27 the minor's prior record of delinquency than to the other
28 factors listed in this subsection.
29 (3) Discretionary transfer.
30 (a) If a petition alleges commission by a minor 13
31 years of age or over of an act that constitutes a crime
32 under the laws of this State and, on motion of the
33 State's Attorney to permit prosecution of the minor under
34 the criminal laws, a Juvenile Judge assigned by the Chief
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1 Judge of the Circuit to hear and determine those motions,
2 after hearing but before commencement of the trial, finds
3 that there is probable cause to believe that the
4 allegations in the motion are true and that it is not in
5 the best interests of the public to proceed under this
6 Act, the court may enter an order permitting prosecution
7 under the criminal laws.
8 (b) In making its determination on the motion to
9 permit prosecution under the criminal laws, the court
10 shall consider among other matters:
11 (i) The seriousness of the alleged offense;
12 (ii) The minor's history of delinquency;
13 (iii) The age of the minor;
14 (iv) The culpability of the minor in committing the
15 alleged offense;
16 (v) Whether the offense was committed in an
17 aggressive or premeditated manner;
18 (vi) Whether the minor used or possessed a deadly
19 weapon when committing the alleged offense;
20 (vii) The minor's history of services, including
21 the minor's willingness to participate meaningfully in
22 available services;
23 (viii) The adequacy of the punishment or services
24 available in the juvenile justice system.
25 In considering these factors, the court shall give
26 greater weight to the seriousness of the alleged offense and
27 the minor's prior record of delinquency than to the other
28 factors listed in this subsection.
29 (4) The rules of evidence for this hearing shall be the
30 same as under Section 5-705 of this Act. A minor must be
31 represented in court by counsel before the hearing may be
32 commenced.
33 (5) If criminal proceedings are instituted, the petition
34 for adjudication of wardship shall be dismissed insofar as
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1 the act or acts involved in the criminal proceedings. Taking
2 of evidence in a trial on petition for adjudication of
3 wardship is a bar to criminal proceedings based upon the
4 conduct alleged in the petition.
5 (705 ILCS 405/5-810 new)
6 Sec. 5-810. Extended jurisdiction juvenile prosecutions.
7 (1) If the State's Attorney files a petition, at any
8 time prior to commencement of the minor's trial, to designate
9 the proceeding as an extended jurisdiction juvenile
10 prosecution and the petition alleges the commission by a
11 minor 13 years of age or older of any offense which would be
12 a felony if committed by an adult, and, if the juvenile judge
13 assigned to hear and determine petitions to designate the
14 proceeding as an extended jurisdiction juvenile prosecution
15 determines that there is probable cause to believe that the
16 allegations in the petition and motion are true, there is a
17 rebuttable presumption that the proceeding shall be
18 designated as an extended jurisdiction juvenile proceeding.
19 (b) The judge shall enter an order designating the
20 proceeding as an extended jurisdiction juvenile
21 proceeding unless the judge makes a finding based on
22 clear and convincing evidence that sentencing under the
23 Chapter V of the Unified Code of Corrections would not be
24 appropriate for the minor based on an evaluation of the
25 following factors:
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
32 aggressive or premeditated manner;
33 (vi) Whether the minor used or possessed a deadly
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1 weapon when committing the alleged offense.
2 In considering these factors, the court shall give
3 greater weight to the seriousness of the alleged offense and
4 the minor's prior record of delinquency than to other factors
5 listed in this subsection.
6 (2) Procedures for extended jurisdiction juvenile
7 prosecutions.
8 (a) The State's Attorney may file a written motion
9 for a proceeding to be designated as an extended juvenile
10 jurisdiction prior to commencement of trial. Notice of
11 the motion shall be in compliance with Section 5-530.
12 When the State's Attorney files a written motion that a
13 proceeding be designated an extended jurisdiction
14 juvenile prosecution, the court shall commence a hearing
15 within 30 days of the filing of the motion for
16 designation, unless good cause is shown by the
17 prosecution or the minor as to why the hearing could not
18 be held within this time period. If the court finds good
19 cause has been demonstrated, then the hearing shall be
20 held within 60 days of the filing of the motion. The
21 hearings shall be open to the public unless the judge
22 finds that the hearing should be closed for the
23 protection of any party, victim or witness. If the
24 Juvenile Judge assigned to hear and determine a motion to
25 designate an extended jurisdiction juvenile prosecution
26 determines that there is probable cause to believe that
27 the allegations in the petition and motion are true the
28 court shall grant the motion for designation.
29 Information used by the court in its findings or stated
30 in or offered in connection with this Section may be by
31 way of proffer based on reliable information offered by
32 the State or the minor. All evidence shall be admissible
33 if it is relevant and reliable regardless of whether it
34 would be admissible under the rules of evidence.
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1 (3) Trial. A minor who is subject of an extended
2 jurisdiction juvenile prosecution has the right to trial by
3 jury. Any trial under this Section shall be open to the
4 public.
5 (4) Sentencing. If an extended jurisdiction juvenile
6 prosecution under subsections (1) results in a guilty plea, a
7 verdict of guilty, or a finding of guilt, the court shall
8 impose the following:
9 (i) one or more juvenile sentences under Section
10 5-710; and
11 (ii) an adult criminal sentence in accordance with
12 the provisions of Chapter V of the Unified Code of
13 Corrections, the execution of which shall be stayed on
14 the condition that the offender not violate the
15 provisions of the juvenile sentence.
16 Any sentencing hearing under this Section shall be open to
17 the public.
18 (5) If, after an extended jurisdiction juvenile
19 prosecution trial, a minor is convicted of a lesser-included
20 offense or of an offense that the State's Attorney did not
21 designate as an extended jurisdiction juvenile prosecution,
22 the State's Attorney may file a written motion, within 10
23 days of the finding of guilt, that the minor be sentenced as
24 an extended jurisdiction juvenile prosecution offender. The
25 court shall rule on this motion using the factors found in
26 paragraph (1) (b) of Section 5-805. If the court denies the
27 State's Attorney's motion for sentencing under the extended
28 jurisdiction juvenile prosecution provision, the court shall
29 proceed to sentence the minor under Section 5-710.
30 (6) When it appears that a minor convicted in an
31 extended jurisdiction juvenile prosecution under subsection
32 (1) has violated the conditions of his or her sentence, or is
33 alleged to have committed a new offense upon the filing of a
34 petition to revoke the stay, the court may, without notice,
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1 issue a warrant for the arrest of the minor. After a hearing,
2 if the court finds by a preponderance of the evidence that
3 the minor committed a new offense, the court shall order
4 execution of the previously imposed adult criminal sentence.
5 After a hearing, if the court finds by a preponderance of the
6 evidence that the minor committed a violation of his or her
7 sentence other than by a new offense, the court may order
8 execution of the previously imposed adult criminal sentence
9 or may continue him or her on the existing juvenile sentence
10 with or without modifying or enlarging the conditions. Upon
11 revocation of the stay of the adult criminal sentence and
12 imposition of that sentence, the minor's extended
13 jurisdiction juvenile status shall be terminated. The
14 on-going jurisdiction over the minor's case shall be assumed
15 by the adult criminal court and juvenile court jurisdiction
16 shall be terminated and a report of the imposition of the
17 adult sentence shall be sent to the Department of State
18 Police.
19 (7) Upon successful completion of the juvenile sentence
20 the court shall vacate the adult criminal sentence.
21 (8) Nothing in this Section precludes the State from
22 filing a motion for transfer under Section 5-805.
23 (705 ILCS 405/5-815, formerly 405/5-35)
24 Sec. 5-815 5-35. Habitual Juvenile Offender.
25 (a) Definition. Any minor having been twice adjudicated
26 a delinquent minor for offenses which, had he been prosecuted
27 as an adult, would have been felonies under the laws of this
28 State, and who is thereafter adjudicated a delinquent minor
29 for a third time shall be adjudged an Habitual Juvenile
30 Offender where:
31 1. the third adjudication is for an offense
32 occurring after adjudication on the second; and
33 2. the second adjudication was for an offense
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1 occurring after adjudication on the first; and
2 3. the third offense occurred after January 1,
3 1980; and
4 4. the third offense was based upon the commission
5 of or attempted commission of the following offenses:
6 first degree murder, second degree murder or involuntary
7 manslaughter; criminal sexual assault or aggravated
8 criminal sexual assault; aggravated or heinous battery
9 involving permanent disability or disfigurement or great
10 bodily harm to the victim; burglary of a home or other
11 residence intended for use as a temporary or permanent
12 dwelling place for human beings; home invasion; robbery
13 or armed robbery; or aggravated arson.
14 Nothing in this section shall preclude the State's
15 Attorney from seeking to prosecute a minor as an adult as an
16 alternative to prosecution as an habitual juvenile offender.
17 A continuance under supervision authorized by Section
18 5-615 5-19 of this Act shall not be permitted under this
19 section.
20 (b) Notice to minor. The State shall serve upon the
21 minor written notice of intention to prosecute under the
22 provisions of this Section within 5 judicial days of the
23 filing of any delinquency petition, adjudication upon which
24 would mandate the minor's disposition as an Habitual Juvenile
25 Offender.
26 (c) Petition; service. A notice to seek adjudication as
27 an Habitual Juvenile Offender shall be filed only by the
28 State's Attorney.
29 The petition upon which such Habitual Juvenile Offender
30 notice is based shall contain the information and averments
31 required for all other delinquency petitions filed under this
32 Act and its service shall be according to the provisions of
33 this Act.
34 No prior adjudication shall be alleged in the petition.
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1 (d) Trial. Trial on such petition shall be by jury
2 unless the minor demands, in open court and with advice of
3 counsel, a trial by the court without jury.
4 Except as otherwise provided herein, the provisions of
5 this Act concerning delinquency proceedings generally shall
6 be applicable to Habitual Juvenile Offender proceedings.
7 (e) Proof of prior adjudications. No evidence or other
8 disclosure of prior adjudications shall be presented to the
9 court or jury during any adjudicatory hearing provided for
10 under this Section unless otherwise permitted by the issues
11 properly raised in such hearing. In the event the minor who
12 is the subject of these proceedings elects to testify on his
13 own behalf, it shall be competent to introduce evidence, for
14 purposes of impeachment, that he has previously been
15 adjudicated a delinquent minor upon facts which, had he been
16 tried as an adult, would have resulted in his conviction of a
17 felony or of any offense that involved dishonesty or false
18 statement. Introduction of such evidence shall be according
19 to the rules and procedures applicable to the impeachment of
20 an adult defendant by prior conviction.
21 After an admission of the facts in the petition or
22 adjudication of delinquency, the State's Attorney may file
23 with the court a verified written statement signed by the
24 State's Attorney concerning any prior adjudication of an
25 offense set forth in subsection (a) of this Section which
26 offense would have been a felony or of any offense that
27 involved dishonesty or false statement had the minor been
28 tried as an adult.
29 The court shall then cause the minor to be brought before
30 it; shall inform him of the allegations of the statement so
31 filed, and of his right to a hearing before the court on the
32 issue of such prior adjudication and of his right to counsel
33 at such hearing; and unless the minor admits such
34 adjudication, the court shall hear and determine such issue,
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1 and shall make a written finding thereon.
2 A duly authenticated copy of the record of any such
3 alleged prior adjudication shall be prima facie evidence of
4 such prior adjudication or of any offense that involved
5 dishonesty or false statement.
6 Any claim that a previous adjudication offered by the
7 State's Attorney is not a former adjudication of an offense
8 which, had the minor been prosecuted as an adult, would have
9 resulted in his conviction of a felony or of any offense
10 that involved dishonesty or false statement, is waived unless
11 duly raised at the hearing on such adjudication, or unless
12 the State's Attorney's proof shows that such prior
13 adjudication was not based upon proof of what would have been
14 a felony.
15 (f) Disposition. If the court finds that the
16 prerequisites established in subsection (a) of this Section
17 have been proven, it shall adjudicate the minor an Habitual
18 Juvenile Offender and commit him to the Department of
19 Corrections, Juvenile Division, until his 21st birthday,
20 without possibility of parole, furlough, or non-emergency
21 authorized absence. However, the minor shall be entitled to
22 earn one day of good conduct credit for each day served as
23 reductions against the period of his confinement. Such good
24 conduct credits shall be earned or revoked according to the
25 procedures applicable to the allowance and revocation of good
26 conduct credit for adult prisoners serving determinate
27 sentences for felonies.
28 For purposes of determining good conduct credit,
29 commitment as an Habitual Juvenile Offender shall be
30 considered a determinate commitment, and the difference
31 between the date of the commitment and the minor's 21st
32 birthday shall be considered the determinate period of his
33 confinement.
34 (Source: P.A. 88-678, eff. 7-1-95.)
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1 (705 ILCS 405/5-820, formerly 405/5-36)
2 Sec. 5-820 5-36. Violent Juvenile Offender.
3 (a) Definition. A minor having been previously
4 adjudicated a delinquent minor for an offense which, had he
5 or she been prosecuted as an adult, would have been a Class 2
6 or greater felony involving the use or threat of physical
7 force or violence against an individual or a Class 2 or
8 greater felony for which an element of the offense is
9 possession or use of a firearm, and who is thereafter
10 adjudicated a delinquent minor for a second time for any of
11 those offenses shall be adjudicated a Violent Juvenile
12 Offender if:
13 (1) The second adjudication is for an offense
14 occurring after adjudication on the first; and
15 (2) The second offense occurred on or after January
16 1, 1995.
17 (b) Notice to minor. The State shall serve upon the
18 minor written notice of intention to prosecute under the
19 provisions of this Section within 5 judicial days of the
20 filing of a delinquency petition, adjudication upon which
21 would mandate the minor's disposition as a Violent Juvenile
22 Offender.
23 (c) Petition; service. A notice to seek adjudication as
24 a Violent Juvenile Offender shall be filed only by the
25 State's Attorney.
26 The petition upon which the Violent Juvenile Offender
27 notice is based shall contain the information and averments
28 required for all other delinquency petitions filed under this
29 Act and its service shall be according to the provisions of
30 this Act.
31 No prior adjudication shall be alleged in the petition.
32 (d) Trial. Trial on the petition shall be by jury
33 unless the minor demands, in open court and with advice of
34 counsel, a trial by the court without a jury.
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1 Except as otherwise provided in this Section, the
2 provisions of this Act concerning delinquency proceedings
3 generally shall be applicable to Violent Juvenile Offender
4 proceedings.
5 (e) Proof of prior adjudications. No evidence or other
6 disclosure of prior adjudications shall be presented to the
7 court or jury during an adjudicatory hearing provided for
8 under this Section unless otherwise permitted by the issues
9 properly raised in that hearing. In the event the minor who
10 is the subject of these proceedings elects to testify on his
11 or her own behalf, it shall be competent to introduce
12 evidence, for purposes of impeachment, that he or she has
13 previously been adjudicated a delinquent minor upon facts
14 which, had the minor been tried as an adult, would have
15 resulted in the minor's conviction of a felony or of any
16 offense that involved dishonesty or false statement.
17 Introduction of such evidence shall be according to the rules
18 and procedures applicable to the impeachment of an adult
19 defendant by prior conviction.
20 After an admission of the facts in the petition or
21 adjudication of delinquency, the State's Attorney may file
22 with the court a verified written statement signed by the
23 State's Attorney concerning any prior adjudication of an
24 offense set forth in subsection (a) of this Section that
25 would have been a felony or of any offense that involved
26 dishonesty or false statement had the minor been tried as an
27 adult.
28 The court shall then cause the minor to be brought before
29 it; shall inform the minor of the allegations of the
30 statement so filed, of his or her right to a hearing before
31 the court on the issue of the prior adjudication and of his
32 or her right to counsel at the hearing; and unless the minor
33 admits the adjudication, the court shall hear and determine
34 the issue, and shall make a written finding of the issue.
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1 A duly authenticated copy of the record of any alleged
2 prior adjudication shall be prima facie evidence of the prior
3 adjudication or of any offense that involved dishonesty or
4 false statement.
5 Any claim that a previous adjudication offered by the
6 State's Attorney is not a former adjudication of an offense
7 which, had the minor been prosecuted as an adult, would have
8 resulted in his or her conviction of a Class 2 or greater
9 felony involving the use or threat of force or violence, or a
10 firearm, a felony or of any offense that involved dishonesty
11 or false statement is waived unless duly raised at the
12 hearing on the adjudication, or unless the State's Attorney's
13 proof shows that the prior adjudication was not based upon
14 proof of what would have been a felony.
15 (f) Disposition. If the court finds that the
16 prerequisites established in subsection (a) of this Section
17 have been proven, it shall adjudicate the minor a Violent
18 Juvenile Offender and commit the minor to the Department of
19 Corrections, Juvenile Division, until his or her 21st
20 birthday, without possibility of parole, furlough, or
21 non-emergency authorized absence. However, the minor shall
22 be entitled to earn one day of good conduct credit for each
23 day served as reductions against the period of his or her
24 confinement. The good conduct credits shall be earned or
25 revoked according to the procedures applicable to the
26 allowance and revocation of good conduct credit for adult
27 prisoners serving determinate sentences for felonies.
28 For purposes of determining good conduct credit,
29 commitment as a Violent Juvenile Offender shall be considered
30 a determinate commitment, and the difference between the date
31 of the commitment and the minor's 21st birthday shall be
32 considered the determinate period of his or her confinement.
33 (g) Nothing in this Section shall preclude the State's
34 Attorney from seeking to prosecute a minor as a habitual
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1 juvenile offender or as an adult as an alternative to
2 prosecution as a Violent Juvenile Offender.
3 (h) A continuance under supervision authorized by
4 Section 5-615 5-19 of this Act shall not be permitted under
5 this Section.
6 (Source: P.A. 88-678, eff. 7-1-95.)
7 (705 ILCS 405/Art. V, Part 9 heading new)
8 PART 9. CONFIDENTIALITY OF RECORDS AND EXPUNGEMENTS
9 (705 ILCS 405/5-901 new)
10 Sec. 5-901. Court file.
11 (1) The Court file with respect to proceedings under
12 this Article shall consist of the petitions, pleadings,
13 victim impact statements, process, service of process,
14 orders, writs and docket entries reflecting hearings held and
15 judgments and decrees entered by the court. The court file
16 shall be kept separate from other records of the court.
17 (a) The file, including information identifying the
18 victim or alleged victim of any sex offense, shall be
19 disclosed only to the following parties when necessary
20 for discharge of their official duties:
21 (i) A judge of the circuit court and members
22 of the staff of the court designated by the judge;
23 (ii) Parties to the proceedings and their
24 attorneys;
25 (iii) Victims and their attorneys, except in
26 cases of multiple victims of sex offenses in which
27 case the information identifying the nonrequesting
28 victims shall be redacted;
29 (iv) Probation officers, law enforcement
30 officers or prosecutors or their staff;
31 (v) Adult and juvenile Prisoner Review Boards.
32 (b) The Court file redacted to remove any
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1 information identifying the victim or alleged victim of
2 any sex offense shall be disclosed only to the following
3 parties when necessary for discharge of their official
4 duties:
5 (i) Authorized military personnel;
6 (ii) Persons engaged in bona fide research,
7 with the permission of the judge of the juvenile
8 court and the chief executive of the agency that
9 prepared the particular recording: provided that
10 publication of such research results in no
11 disclosure of a minor's identity and protects the
12 confidentiality of the record;
13 (iii) The Secretary of State to whom the Clerk
14 of the Court shall report the disposition of all
15 cases, as required in Section 6-204 or Section
16 6-205.1 of the Illinois Vehicle Code. However,
17 information reported relative to these offenses
18 shall be privileged and available only to the
19 Secretary of State, courts, and police officers;
20 (iv) The administrator of a bonafide substance
21 abuse student assistance program with the permission
22 of the presiding judge of the juvenile court;
23 (v) Any individual, or any public or private
24 agency or institution, having custody of the
25 juvenile under court order or providing educational,
26 medical or mental health services to the juvenile or
27 a court-approved advocate for the juvenile or any
28 placement provider or potential placement provider
29 as determined by the court.
30 (3) A minor who is the victim or alleged victim in a
31 juvenile proceeding shall be provided the same
32 confidentiality regarding disclosure of identity as the minor
33 who is the subject of record. Information identifying victims
34 and alleged victims of sex offenses, shall not be disclosed
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1 or open to public inspection under any circumstances. Nothing
2 in this Section shall prohibit the victim or alleged victim
3 of any sex offense from voluntarily disclosing his or her
4 identity.
5 (4) Relevant information, reports and records shall be
6 made available to the Department of Corrections when a
7 juvenile offender has been placed in the custody of the
8 Department of Corrections, Juvenile Division.
9 (5) Except as otherwise provided in this subsection (5),
10 juvenile court records shall not be made available to the
11 general public but may be inspected by representatives of
12 agencies, associations and news media or other properly
13 interested persons by general or special order of the court.
14 The State's Attorney, the minor, his or her parents, guardian
15 and counsel shall at all times have the right to examine
16 court files and records.
17 (a) The court shall allow the general public to
18 have access to the name, address, and offense of a minor
19 who is adjudicated a delinquent minor under this Act
20 under either of the following circumstances:
21 (i) The adjudication of delinquency was based
22 upon the minor's commission of first degree murder,
23 attempt to commit first degree murder, aggravated
24 criminal sexual assault, or criminal sexual assault;
25 or
26 (ii) The court has made a finding that the
27 minor was at least 13 years of age at the time the
28 act was committed and the adjudication of
29 delinquency was based upon the minor's commission
30 of: (A) an act in furtherance of the commission of a
31 felony as a member of or on behalf of a criminal
32 street gang, (B) an act involving the use of a
33 firearm in the commission of a felony, (C) an act
34 that would be a Class X felony offense under or the
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1 minor's second or subsequent Class 2 or greater
2 felony offense under the Cannabis Control Act if
3 committed by an adult, (D) an act that would be a
4 second or subsequent offense under Section 402 of
5 the Illinois Controlled Substances Act if committed
6 by an adult, or (E) an act that would be an offense
7 under Section 401 of the Illinois Controlled
8 Substances Act if committed by an adult.
9 (b) The court shall allow the general public to
10 have access to the name, address, and offense of a minor
11 who is at least 13 years of age at the time the offense
12 is committed and who is convicted, in criminal
13 proceedings permitted or required under Section 5-805,
14 under either of the following circumstances:
15 (i) The minor has been convicted of first
16 degree murder, attempt to commit first degree
17 murder, aggravated criminal sexual assault, or
18 criminal sexual assault,
19 (ii) The court has made a finding that the
20 minor was at least 13 years of age at the time the
21 offense was committed and the conviction was based
22 upon the minor's commission of: (A) an offense in
23 furtherance of the commission of a felony as a
24 member of or on behalf of a criminal street gang,
25 (B) an offense involving the use of a firearm in the
26 commission of a felony, (C) a Class X felony offense
27 under the Cannabis Control Act or a second or
28 subsequent Class 2 or greater felony offense under
29 the Cannabis Control Act, (D) a second or subsequent
30 offense under Section 402 of the Illinois Controlled
31 Substances Act, or (E) an offense under Section 401
32 of the Illinois Controlled Substances Act.
33 (6) Nothing in this Section shall be construed to limit
34 the use of a adjudication of delinquency as evidence in any
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1 juvenile or criminal proceeding, where it would otherwise be
2 admissible under the rules of evidence, including but not
3 limited to, use as impeachment evidence against any witness,
4 including the minor if he or she testifies.
5 (7) Nothing in this Section shall affect the right of a
6 Civil Service Commission or appointing authority examining
7 the character and fitness of an applicant for a position as a
8 law enforcement officer to ascertain whether that applicant
9 was ever adjudicated to be a delinquent minor and, if so, to
10 examine the records or evidence which were made in
11 proceedings under this Act.
12 (8) Following any adjudication of delinquency for a
13 crime which would be a felony if committed by an adult, or
14 following any adjudication of delinquency for a violation of
15 Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of
16 1961, the State's Attorney shall ascertain whether the minor
17 respondent is enrolled in school and, if so, shall provide a
18 copy of the sentencing order to the principal or chief
19 administrative officer of the school. Access to such
20 juvenile records shall be limited to the principal or chief
21 administrative officer of the school and any guidance
22 counselor designated by him or her.
23 (9) Nothing contained in this Act prevents the sharing
24 or disclosure of information or records relating or
25 pertaining to juveniles subject to the provisions of the
26 Serious Habitual Offender Comprehensive Action Program when
27 that information is used to assist in the early
28 identification and treatment of habitual juvenile offenders.
29 (11) The Clerk of the Circuit Court shall report to the
30 Department of State Police, in the form and manner required
31 by the Department of State Police, the final disposition of
32 each minor who has been arrested or taken into custody before
33 his or her 17th birthday for those offenses required to be
34 reported under Section 5 of the Criminal Identification Act.
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1 Information reported to the Department under this Section may
2 be maintained with records that the Department files under
3 Section 2.1 of the Criminal Identification Act.
4 (12) Information or records may be disclosed to the
5 general public when the court is conducting hearings under
6 Section 5-805 or 5-810.
7 (705 ILCS 405/5-905 new)
8 Sec. 5-905. Law enforcement records.
9 (1) Law Enforcement Records. Inspection and copying of
10 law enforcement records maintained by law enforcement
11 agencies that relate to a minor who has been arrested or
12 taken into custody before his or her 17th birthday shall be
13 restricted to the following and when necessary for the
14 discharge of their official duties:
15 (a) A judge of the circuit court and members of the
16 staff of the court designated by the judge;
17 (b) Law enforcement officers, probation officers or
18 prosecutors or their staff;
19 (c) The minor, the minor's parents or legal
20 guardian and their attorneys, but only when the juvenile
21 has been charged with an offense;
22 (d) Adult and Juvenile Prisoner Review Boards;
23 (e) Authorized military personnel;
24 (f) Persons engaged in bona fide research, with the
25 permission of the judge of juvenile court and the chief
26 executive of the agency that prepared the particular
27 recording: provided that publication of such research
28 results in no disclosure of a minor's identity and
29 protects the confidentiality of the record;
30 (g) Individuals responsible for supervising or
31 providing temporary or permanent care and custody of
32 minors pursuant to orders of the juvenile court or
33 directives from officials of the Department of Children
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1 and Family Services or the Department of Human Services
2 who certify in writing that the information will not be
3 disclosed to any other party except as provided under law
4 or order of court;
5 (h) The appropriate school official. Inspection
6 and copying shall be limited to law enforcement records
7 transmitted to the appropriate school official by a local
8 law enforcement agency under a reciprocal reporting
9 system established and maintained between the school
10 district and the local law enforcement agency under
11 Section 10-20.14 of the School Code concerning a minor
12 enrolled in a school within the school district who has
13 been arrested for any offense classified as a felony or a
14 Class A or B misdemeanor.
15 (2) Information identifying victims and alleged victims
16 of sex offenses, shall not be disclosed or open to public
17 inspection under any circumstances. Nothing in this Section
18 shall prohibit the victim or alleged victim of any sex
19 offense from voluntarily disclosing his or her identity.
20 (3) Relevant information, reports and records shall be
21 made available to the Department of Corrections when a
22 juvenile offender has been placed in the custody of the
23 Department of Corrections, Juvenile Division.
24 (4) Nothing in this Section shall prohibit the
25 inspection or disclosure to victims and witnesses of
26 photographs contained in the records of law enforcement
27 agencies when the inspection or disclosure is conducted in
28 the presence of a law enforcement officer for purposes of
29 identification or apprehension of any person in the course of
30 any criminal investigation or prosecution.
31 (5) The records of law enforcement officers concerning
32 all minors under 17 years of age must be maintained separate
33 from the records of adults and may not be open to public
34 inspection or their contents disclosed to the public except
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1 by order of the court or when the institution of criminal
2 proceedings has been permitted under Section 5-130 or 5-805
3 or required under Section 5-130 or 5-805 or such a person has
4 been convicted of a crime and is the subject of pre-sentence
5 investigation or when provided by law.
6 (6) Law enforcement officers may not disclose the
7 identity of any minor in releasing information to the general
8 public as to the arrest, investigation or disposition of any
9 case involving a minor. Upon written request, law enforcement
10 officers may release the name and address of a minor who has
11 been arrested for a criminal offense to the victim, or if the
12 victim is a minor, to the victim's legal custodian, guardian
13 or parent. The law enforcement officer may release the
14 information only if he or she reasonably believes such
15 release would not endanger the person or property of the
16 arrested minor or his or her family.
17 (7) Nothing contained in this Section shall prohibit law
18 enforcement agencies when acting in their official capacity
19 from communicating with each other by letter, memorandum,
20 teletype or intelligence alert bulletin or other means the
21 identity or other relevant information pertaining to a person
22 under 17 years of age. The information provided under this
23 subsection (7) shall remain confidential and shall not be
24 publicly disclosed, except as otherwise allowed by law.
25 (8) No person shall disclose information under this
26 Section except when acting in his or her official capacity
27 and as provided by law or order of court.
28 (705 ILCS 405/5-910 new)
29 Sec. 5-910. Social, psychological and medical records.
30 (1) The social investigation, psychological and medical
31 records of any juvenile offender shall be privileged and
32 shall not be disclosed except:
33 (a) upon the written consent of the former juvenile
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1 or, if the juvenile offender is under 18 years of age, by
2 the parent of the juvenile; or
3 (b) upon a determination by the head of the
4 treatment facility, who has the records, that disclosure
5 to another individual or facility providing treatment to
6 the minor is necessary for the further treatment of the
7 juvenile offender; or
8 (c) when any court having jurisdiction of the
9 juvenile offender orders disclosure; or
10 (d) when requested by any attorney representing the
11 juvenile offender, but the records shall not be further
12 disclosed by the attorney unless approved by the court or
13 presented as admissible evidence; or
14 (e) upon a written request of a juvenile probation
15 officer in regard to an alleged juvenile offender when
16 the information is needed for screening and assessment
17 purposes, for preparation of a social investigation or
18 presentence investigation, or placement decisions; but
19 the records shall not be further disclosed by the
20 probation officer unless approved by the court; or
21 (f) when the State's Attorney requests a copy of
22 the social investigation for use at a sentencing hearing
23 or upon written request of the State's Attorney for
24 psychological or medical records when the minor contests
25 his fitness for trial or relies on an affirmative defense
26 of intoxication or insanity.
27 (2) Willful violation of this Section is a Class C
28 misdemeanor.
29 (3) Nothing in this Section shall operate to extinguish
30 any rights of a juvenile offender established by
31 attorney-client, physician-patient, psychologist-client or
32 social worker-client privileges except as otherwise provided
33 by law.
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1 (705 ILCS 405/5-915 new)
2 Sec. 5-915. Expungement of law enforcement and juvenile
3 court records.
4 (1) Whenever any person has attained the age of 17 or
5 whenever all juvenile court proceedings relating to that
6 person have been terminated, whichever is later, the person
7 may petition the court to expunge law enforcement records
8 relating to incidents occurring before his or her 17th
9 birthday or his or her juvenile court records, or both, but
10 only in the following circumstances:
11 (a) the minor was arrested and no petition for
12 delinquency was filed with the clerk of the circuit
13 court; or
14 (b) the minor was charged with an offense and was
15 found not delinquent of that offense; or
16 (c) the minor was placed under supervision pursuant
17 to Section 5-615, and the order of supervision has since
18 been successfully terminated; or
19 (d) the minor was adjudicated for an offense which
20 would be a Class B misdemeanor if committed by an adult.
21 (2) Any person may petition the court to expunge all law
22 enforcement records relating to any incidents occurring
23 before his or her 17th birthday which did not result in
24 proceedings in criminal court and all juvenile court records
25 with respect to any adjudications except those based upon
26 first degree murder and sex offenses which would be felonies
27 if committed by an adult, if the person for whom expungement
28 is sought has had no convictions for any crime since his or
29 her 17th birthday and:
30 (a) has attained the age of 21 years; or
31 (b) 5 years have elapsed since all juvenile court
32 proceedings relating to him or her have been terminated
33 or his or her commitment to the Department of
34 Corrections, Juvenile Division pursuant to this Act has
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1 been terminated; whichever is later of (a) or (b).
2 (3) The chief judge of the circuit in which an arrest
3 was made or a charge was brought or any judge of that circuit
4 designated by the chief judge may, upon verified petition of
5 a person who is the subject of an arrest or a juvenile court
6 proceeding under subsection (1) or (2) of this Section, order
7 the law enforcement records or official court file, or both,
8 to be expunged from the official records of the arresting
9 authority, the clerk of the circuit court and the Department
10 of State Police. Notice of the petition shall be served upon
11 the State's Attorney and upon the arresting authority which
12 is the subject of the petition for expungement.
13 (4) Upon entry of an order expunging records or files,
14 the offense, which the records or files concern shall be
15 treated as if it never occurred. Law enforcement officers and
16 other public offices and agencies shall properly reply on
17 inquiry that no record or file exists with respect to the
18 person.
19 (5) Records which have not been expunged are sealed, and
20 may be obtained only under the provisions of Sections 5-901,
21 5-905 and 5-915.
22 (6) Nothing in this Section shall be construed to
23 prohibit the maintenance of information relating to an
24 offense after records or files concerning the offense have
25 been expunged if the information is kept in a manner that
26 does not enable identification of the offender. This
27 information may only be used for statistical and bona fide
28 research purposes.
29 (705 ILCS 405/6-1) (from Ch. 37, par. 806-1)
30 Sec. 6-1. Probation departments; functions and duties.
31 (1) The chief judge of each circuit shall make provision for
32 probation services for each county in his or her circuit. The
33 appointment of officers to probation or court services
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1 departments and the administration of such departments shall
2 be governed by the provisions of Probation and Probation
3 Officers Act.
4 (2) Every county or every group of counties constituting
5 a probation district shall maintain a Court Services or a
6 Probation Department subject to the provisions of Probation
7 and Probation Officers Act. For the purposes of this Act
8 such a Court Services or Probation Department has, but is not
9 limited to, the following powers and duties:
10 (a) When authorized or directed by the court, to
11 receive, investigate and evaluate complaints indicating
12 dependency, requirement of authoritative intervention,
13 addiction or delinquency within the meaning of Sections 2-3,
14 2-4, 3-3, 4-3 or 5-105 5-3, respectively; to determine or
15 assist the complainant in determining whether a petition
16 should be filed under Sections 2-13, 3-15, 4-12 or 5-520 5-13
17 or whether referral should be made to an agency, association
18 or other person or whether some other action is advisable;
19 and to see that the indicating filing, referral or other
20 action is accomplished. However, no such investigation,
21 evaluation or supervision by such court services or probation
22 department is to occur with regard to complaints indicating
23 only that a minor may be a chronic or habitual truant.
24 (b) When a petition is filed under Section 2-13, 3-15,
25 4-15 or 5-520 5-13, to make pre-hearing investigations and
26 formulate recommendations to the court when the court has
27 authorized or directed the department to do so.
28 (c) To counsel and, by order of the court, to supervise
29 minors referred to the court; to conduct indicated programs
30 of casework, including referrals for medical and mental
31 health service, organized recreation and job placement for
32 wards of the court and, when appropriate, for members of the
33 family of a ward; to act as liaison officer between the court
34 and agencies or associations to which minors are referred or
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1 through which they are placed; when so appointed, to serve as
2 guardian of the person of a ward of the court; to provide
3 probation supervision and protective supervision ordered by
4 the court; and to provide like services to wards and
5 probationers of courts in other counties or jurisdictions who
6 have lawfully become local residents.
7 (d) To arrange for placements pursuant to court order.
8 (e) To assume administrative responsibility for such
9 detention, shelter care and other institutions for minors as
10 the court may operate.
11 (f) To maintain an adequate system of case records,
12 statistical records, and financial records related to
13 juvenile detention and shelter care and to make reports to
14 the court and other authorized persons, and to the Supreme
15 Court pursuant to Probation and Probation Officers Act.
16 (g) To perform such other services as may be appropriate
17 to effectuate the purposes of this Act or as may be directed
18 by any order of court made under this Act.
19 (3) The Court Services or Probation Department in any
20 probation district or county having less than 1,000,000
21 inhabitants, or any personnel of the Department, may be
22 required by the circuit court to render services to the court
23 in other matters as well as proceedings under this Act.
24 (4) In any county or probation district, a Probation
25 Department may be established as a separate division of a
26 more inclusive department of court services, with any
27 appropriate divisional designation. The organization of any
28 such department of court services and the appointment of
29 officers and other personnel must comply with Probation and
30 Probations Officers Act.
31 (Source: P.A. 86-639; 86-659; 86-1028.)
32 (705 ILCS 405/6-8) (from Ch. 37, par. 806-8)
33 Sec. 6-8. Orders on county for care and support. (1)
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1 Whenever a minor has been ordered held in detention or placed
2 in shelter care under Sections 2-7, 3-9, 4-6 or 5-410 5-7,
3 the court may order the county to make monthly payments from
4 the fund established pursuant to Section 6-7 in an amount
5 necessary for his care and support, but not for a period in
6 excess of 90 days.
7 (2) Whenever a ward of the court is placed under Section
8 2-27, 3-28, 4-25 or 5-740 5-29, the court may order the
9 county to make monthly payments from the fund established
10 pursuant to Section 6-7 in an amount necessary for his care
11 and support to the guardian of the person or legal custodian
12 appointed under this Act, or to the agency which such
13 guardian or custodian represents.
14 (3) The court may, when the health or condition of any
15 minor subject to this Act requires it, order the minor placed
16 in a public hospital, institution or agency for treatment or
17 special care, or in a private hospital, institution or agency
18 which will receive him without charge to the public
19 authorities. If such treatment or care cannot be procured
20 without charge, the court may order the county to pay an
21 amount for such treatment from the fund established pursuant
22 to Section 6-7. If the placement is to a hospital or
23 institution, the amount to be paid shall not exceed that paid
24 by the county department of public aid for the care of minors
25 under like conditions, or, if an agency, not more than that
26 established by the Department of Children and Family Services
27 for the care of minors under like conditions. On like order,
28 the county shall pay, from the fund established pursuant to
29 Section 6-7, medical, surgical, dental, optical and other
30 fees and expenses which the court finds are not within the
31 usual scope of charges for the care and support of any minor
32 provided for under this Section.
33 (Source: P.A. 85-1235; 85-1443; 86-820.)
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1 (705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
2 Sec. 6-9. Enforcement of liability of parents and
3 others.
4 (1) If parentage is at issue in any proceeding under
5 this Act, the Illinois Parentage Act of 1984 shall apply and
6 the court shall enter orders consistent with that Act. If it
7 appears at any hearing that a parent or any other person
8 named in the petition, liable under the law for the support
9 of the minor, is able to contribute to his support, the court
10 shall enter an order requiring that parent or other person to
11 pay the clerk of the court, or to the guardian or custodian
12 appointed under Sections 2-27, 3-28, 4-25 or 5-740 5-29, a
13 reasonable sum from time to time for the care, support and
14 necessary special care or treatment, of the minor. If the
15 court determines at any hearing that a parent or any other
16 person named in the petition, liable under the law for the
17 support of the minor, is able to contribute to help defray
18 the costs associated with the minor's detention in a county
19 or regional detention center, the court shall enter an order
20 requiring that parent or other person to pay the clerk of the
21 court a reasonable sum for the care and support of the minor.
22 The court may require reasonable security for the payments.
23 Upon failure to pay, the court may enforce obedience to the
24 order by a proceeding as for contempt of court. On
25 application and with the notice as it may direct, the court
26 may alter the payment or may compromise or waive arrearages
27 in such a manner as appears reasonable and proper.
28 If it appears that the person liable for the support of
29 the minor is able to contribute to legal fees for
30 representation of the minor, the court shall enter an order
31 requiring that person to pay a reasonable sum for the
32 representation, to the attorney providing the representation
33 or to the clerk of the court for deposit in the appropriate
34 account or fund. The sum may be paid as the court directs,
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1 and the payment thereof secured and enforced as provided in
2 this Section for support.
3 (2) When a person so ordered to pay for the care and
4 support of a minor is employed for wages, salary or
5 commission, the court may order him to make the support
6 payments for which he is liable under this Act out of his
7 wages, salary or commission and to assign so much thereof as
8 will pay the support. The court may also order him to make
9 discovery to the court as to his place of employment and the
10 amounts earned by him. Upon his failure to obey the orders of
11 court he may be punished as for contempt of court.
12 (3) If the minor is a recipient of public aid under the
13 Illinois Public Aid Code, the court shall order that payments
14 made by a parent or through assignment of his wages, salary
15 or commission be made directly to (a) the Illinois Department
16 of Public Aid if the minor is a recipient of aid under
17 Article V of the Code, (b) the Department of Human Services
18 if the minor is a recipient of aid under Article IV of the
19 Code, or (c) the local governmental unit responsible for the
20 support of the minor if he is a recipient under Articles VI
21 or VII of the Code. The order shall permit the Illinois
22 Department of Public Aid, the Department of Human Services,
23 or the local governmental unit, as the case may be, to direct
24 that subsequent payments be made directly to the guardian or
25 custodian of the minor, or to some other person or agency in
26 the minor's behalf, upon removal of the minor from the public
27 aid rolls; and upon such direction and removal of the minor
28 from the public aid rolls, the Illinois Department of Public
29 Aid, Department of Human Services, or local governmental
30 unit, as the case requires, shall give written notice of such
31 action to the court. Payments received by the Illinois
32 Department of Public Aid, Department of Human Services, or
33 local governmental unit are to be covered, respectively, into
34 the General Revenue Fund of the State Treasury or General
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1 Assistance Fund of the governmental unit, as provided in
2 Section 10-19 of the Illinois Public Aid Code.
3 (Source: P.A. 89-507, eff. 7-1-97.)
4 (705 ILCS 405/6-10) (from Ch. 37, par. 806-10)
5 Sec. 6-10. State reimbursement of funds.
6 (a) Before the 15th day of each month, the clerk of the
7 court shall itemize all payments received by him under
8 Section 6-9 during the preceding month and shall pay such
9 amounts to the county treasurer. Before the 20th day of each
10 month, the county treasurer shall file with the Department of
11 Children and Family Services an itemized statement of the
12 amount of money for the care and shelter of a minor placed in
13 shelter care under Sections 2-7, 3-9, 4-6 or 5-410 5-7 or
14 placed under Sections 2-27, 3-28, 4-25 or 5-740 5-29 before
15 July 1, 1980 and after June 30, 1981, paid by the county
16 during the last preceding month pursuant to court order
17 entered under Section 6-8, certified by the court, and an
18 itemized account of all payments received by the clerk of the
19 court under Section 6-9 during the preceding month and paid
20 over to the county treasurer, certified by the county
21 treasurer. The Department of Children and Family Services
22 shall examine and audit the monthly statement and account,
23 and upon finding them correct, shall voucher for payment to
24 the county a sum equal to the amount so paid out by the
25 county less the amount received by the clerk of the court
26 under Section 6-9 and paid to the county treasurer but not
27 more than an amount equal to the current average daily rate
28 paid by the Department of Children and Family Services for
29 similar services pursuant to Section 5a of Children and
30 Family Services Act, approved June 4, 1963, as amended.
31 Reimbursement to the counties under this Section for care and
32 support of minors in licensed child caring institutions must
33 be made by the Department of Children and Family Services
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1 only for care in those institutions which have filed with the
2 Department a certificate affirming that they admit minors on
3 the basis of need without regard to race or ethnic origin.
4 (b) The county treasurer may file with the Department of
5 Children and Family Services an itemized statement of the
6 amount of money paid by the county during the last preceding
7 month pursuant to court order entered under Section 6-8,
8 certified by the court, and an itemized account of all
9 payments received by the clerk of the court under Section 6-9
10 during the preceding month and paid over to the county
11 treasurer, certified by the county treasurer. The Department
12 of Children and Family Services shall examine and audit the
13 monthly statement and account, and upon finding them correct,
14 shall voucher for payment to the county a sum equal to the
15 amount so paid out by the county less the amount received by
16 the clerk of the court under Section 6-9 and paid to the
17 county treasurer. Subject to appropriations for that
18 purpose, the State shall reimburse the county for the care
19 and shelter of a minor placed in detention as a result of any
20 new provisions that are created by the Juvenile Justice
21 Reform Provisions of 1998.
22 (Source: P.A. 85-601.)
23 (705 ILCS 405/6-12 new)
24 Sec. 6-12. County juvenile justice councils.
25 (1) Each county, or group of counties pursuant to an
26 intergovernmental agreement, in the State of Illinois may
27 establish a county juvenile justice council ("council").
28 Each of the following county officers shall designate a
29 representative to serve on the council: the sheriff, the
30 State's Attorney, Chief Probation Officer, and the county
31 board. In addition, the chief judge may designate a
32 representative to serve on the council.
33 (a) The council shall organize itself and elect
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1 from its members a chairperson and such officers as are
2 deemed necessary. Until a chairperson is elected, the
3 State's Attorney shall serve as interim chairperson.
4 (b) The chairperson shall appoint additional
5 members of the council as is deemed necessary to
6 accomplish the purposes of this Article and whenever
7 possible shall appoint a local Chief of Police and a
8 representative of a community youth service provider. The
9 additional members may include, but are not limited to,
10 representatives of local law enforcement, juvenile
11 justice agencies, schools, businesses, and community
12 organizations.
13 (c) The county juvenile justice council shall meet
14 from time to time, but no less than semi-annually, for
15 the purpose of encouraging the initiation of, or
16 supporting ongoing, interagency cooperation and programs
17 to address juvenile delinquency and juvenile crime.
18 (2) The purpose of a county juvenile justice council is
19 to provide a forum for the development of a community-based
20 interagency assessment of the local juvenile justice system,
21 to develop a county juvenile justice plan for the prevention
22 of juvenile delinquency, and to make recommendations to the
23 county board, or county boards, for more effectively
24 utilizing existing community resources in dealing with
25 juveniles who are found to be involved in crime, or who are
26 truant or have been suspended or expelled from school. The
27 county juvenile justice plan shall include relevant portions
28 of local crime prevention and public safety plans, school
29 improvement and school safety plans, and the plans or
30 initiatives of other public and private entities within the
31 county that are concerned with dropout prevention, school
32 safety, the prevention of juvenile crime and criminal
33 activity by youth gangs.
34 (3) The duties and responsibilities of the county
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1 juvenile justice council include, but are not limited to:
2 (a) Developing a county juvenile justice plan based
3 upon utilization of the resources of law enforcement,
4 school systems, park programs, sports entities, and
5 others in a cooperative and collaborative manner to
6 prevent or discourage juvenile crime.
7 (b) Entering into a written county interagency
8 agreement specifying the nature and extent of
9 contributions each signatory agency will make in
10 achieving the goals of the county juvenile justice plan
11 and their commitment to the sharing of information useful
12 in carrying out the goals of the interagency agreement to
13 the extent authorized by law.
14 (c) Applying for and receiving public or private
15 grants, to be administered by one of the community
16 partners, that support one or more components of the
17 county juvenile justice plan.
18 (d) Providing a forum for the presentation of
19 interagency recommendations and the resolution of
20 disagreements relating to the contents of the county
21 interagency agreement or the performance by the parties
22 of their respective obligations under the agreement.
23 (e) Assisting and directing the efforts of local
24 community support organizations and volunteer groups in
25 providing enrichment programs and other support services
26 for clients of local juvenile detention centers.
27 (f) Developing and making available a county-wide
28 or multi-county resource guide for minors in need of
29 prevention, intervention, psycho-social, educational
30 support, and other services needed to prevent juvenile
31 delinquency.
32 (4) The council shall have no role in the charging or
33 prosecution of juvenile offenders.
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1 (705 ILCS 405/1-8.1 rep.)
2 (705 ILCS 405/1-8.2 rep.)
3 (705 ILCS 405/1-10 rep.)
4 (705 ILCS 405/1-14 rep.)
5 (705 ILCS 405/5-1 rep.)
6 (705 ILCS 405/5-2 rep.)
7 (705 ILCS 405/5-3 rep.)
8 (705 ILCS 405/5-4 rep.)
9 (705 ILCS 405/5-5 rep.)
10 (705 ILCS 405/5-6 rep.)
11 (705 ILCS 405/5-7 rep.)
12 (705 ILCS 405/5-8 rep.)
13 (705 ILCS 405/5-9 rep.)
14 (705 ILCS 405/5-10 rep.)
15 (705 ILCS 405/5-10.5 rep.)
16 (705 ILCS 405/5-11 rep.)
17 (705 ILCS 405/5-12 rep.)
18 (705 ILCS 405/5-13 rep.)
19 (705 ILCS 405/5-14 rep.)
20 (705 ILCS 405/5-15 rep.)
21 (705 ILCS 405/5-16 rep.)
22 (705 ILCS 405/5-17 rep.)
23 (705 ILCS 405/5-18 rep.)
24 (705 ILCS 405/5-19 rep.)
25 (705 ILCS 405/5-20 rep.)
26 (705 ILCS 405/5-21 rep.)
27 (705 ILCS 405/5-22 rep.)
28 (705 ILCS 405/5-23 rep.)
29 (705 ILCS 405/5-24 rep.)
30 (705 ILCS 405/5-25 rep.)
31 (705 ILCS 405/5-26 rep.)
32 (705 ILCS 405/5-27 rep.)
33 (705 ILCS 405/5-28 rep.)
34 (705 ILCS 405/5-29 rep.)
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1 (705 ILCS 405/5-30 rep.)
2 (705 ILCS 405/5-31 rep.)
3 (705 ILCS 405/5-32 rep.)
4 (705 ILCS 405/5-33 rep.)
5 (705 ILCS 405/5-34 rep.)
6 Section 2001-15. The Juvenile Court Act of 1987 is
7 amended by repealing Sections 1-8.1, 1-8.2, 1-10, 1-14, 5-1,
8 5-2, 5-3, 5-4, 5-5, 5-6, 5-7, 5-8, 5-9, 5-10, 5-10.5, 5-11,
9 5-12, 5-13, 5-14, 5-15, 5-16, 5-17, 5-18, 5-19, 5-20, 5-21,
10 5-22, 5-23, 5-24, 5-25, 5-26, 5-27, 5-28, 5-29, 5-30, 5-31,
11 5-32, 5-33, and 5-34.
12 Section 2001-20. The Criminal Code of 1961 is amended by
13 changing Section 12-18 as follows:
14 (720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
15 Sec. 12-18. General Provisions.
16 (a) No person accused of violating Sections 12-13,
17 12-14, 12-15 or 12-16 of this Code shall be presumed to be
18 incapable of committing an offense prohibited by Sections
19 12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code because of
20 age, physical condition or relationship to the victim, except
21 as otherwise provided in subsection (c) of this Section.
22 Nothing in this Section shall be construed to modify or
23 abrogate the affirmative defense of infancy under Section 6-1
24 of this Code or the provisions of Section 5-805 5-4 of the
25 Juvenile Court Act of 1987.
26 (b) Any medical examination or procedure which is
27 conducted by a physician, nurse, medical or hospital
28 personnel, parent, or caretaker for purposes and in a manner
29 consistent with reasonable medical standards is not an
30 offense under Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16
31 of this Code.
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1 (c) Prosecution of a spouse of a victim under this
2 subsection for any violation by the victim's spouse of
3 Section 12-13, 12-14, 12-15 or 12-16 of this Code is barred
4 unless the victim reported such offense to a law enforcement
5 agency or the State's Attorney's office within 30 days after
6 the offense was committed, except when the court finds good
7 cause for the delay.
8 (d) In addition to the sentences provided for in
9 Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the
10 Criminal Code of 1961 the Court may order any person who is
11 convicted of violating any of those Sections to meet all or
12 any portion of the financial obligations of treatment,
13 including but not limited to medical, psychiatric,
14 rehabilitative or psychological treatment, prescribed for the
15 victim or victims of the offense.
16 (e) After a finding at a preliminary hearing that there
17 is probable cause to believe that an accused has committed a
18 violation of Section 12-13, 12-14, or 12-14.1 of this Code,
19 or after an indictment is returned charging an accused with a
20 violation of Section 12-13, 12-14, or 12-14.1 of this Code,
21 at the request of the person who was the victim of the
22 violation of Section 12-13, 12-14, or 12-14.1, the
23 prosecuting State's attorney shall seek an order from the
24 court to compel the accused to be tested for infection with
25 human immunodeficiency virus (HIV). The medical test shall
26 be performed only by appropriately licensed medical
27 practitioners, and shall consist of an enzyme-linked
28 immunosorbent assay (ELISA) test, or such other test as may
29 be approved by the Illinois Department of Public Health; in
30 the event of a positive result, the Western Blot Assay or a
31 more reliable confirmatory test shall be administered. The
32 results of the test shall be kept strictly confidential by
33 all medical personnel involved in the testing and must be
34 personally delivered in a sealed envelope to the victim and
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1 to the judge who entered the order, for the judge's
2 inspection in camera. Acting in accordance with the best
3 interests of the victim and the public, the judge shall have
4 the discretion to determine to whom, if anyone, the result of
5 the testing may be revealed; however, in no case shall the
6 identity of the victim be disclosed. The court shall order
7 that the cost of the test shall be paid by the county, and
8 may be taxed as costs against the accused if convicted.
9 (Source: P.A. 88-421; 89-428, eff. 12-13-95; 89-462, eff.
10 5-29-96.)
11 Section 2001-25. The Code of Criminal Procedure of 1963
12 is amended by changing Sections 111-2 and 112A-2 as follows:
13 (725 ILCS 5/111-2) (from Ch. 38, par. 111-2)
14 Sec. 111-2. Commencement of prosecutions. (a) All
15 prosecutions of felonies shall be by information or by
16 indictment. No prosecution may be pursued by information
17 unless a preliminary hearing has been held or waived in
18 accordance with Section 109-3 and at that hearing probable
19 cause to believe the defendant committed an offense was
20 found, and the provisions of Section 109-3.1 of this Code
21 have been complied with.
22 (b) All other prosecutions may be by indictment,
23 information or complaint.
24 (c) Upon the filing of an information or indictment in
25 open court charging the defendant with the commission of a
26 sex offense defined in any Section of Article 11 of the
27 Criminal Code of 1961, as amended, and a minor as defined in
28 Section 1-3 of the Juvenile Court Act of 1987, as amended, is
29 alleged to be the victim of the commission of the acts of the
30 defendant in the commission of such offense, the court may
31 appoint a guardian ad litem for the minor as provided in
32 Section 2-17, 3-19, 4-16 or 5-610 5-17 of the Juvenile Court
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1 Act of 1987.
2 (d) Upon the filing of an information or indictment in
3 open court, the court shall immediately issue a warrant for
4 the arrest of each person charged with an offense directed to
5 a peace officer or some other person specifically named
6 commanding him to arrest such person.
7 (e) When the offense is bailable, the judge shall
8 endorse on the warrant the amount of bail required by the
9 order of the court, and if the court orders the process
10 returnable forthwith, the warrant shall require that the
11 accused be arrested and brought immediately into court.
12 (f) Where the prosecution of a felony is by information
13 or complaint after preliminary hearing, or after a waiver of
14 preliminary hearing in accordance with paragraph (a) of this
15 Section, such prosecution may be for all offenses, arising
16 from the same transaction or conduct of a defendant even
17 though the complaint or complaints filed at the preliminary
18 hearing charged only one or some of the offenses arising from
19 that transaction or conduct.
20 (Source: P.A. 85-1209.)
21 (725 ILCS 5/112A-2) (from Ch. 38, par. 112A-2)
22 Sec. 112A-2. Commencement of Actions.
23 (a) Actions for orders of protection are commenced in
24 conjunction with a delinquency petition or a criminal
25 prosecution by filing a petition for an order of protection,
26 under the same case number as the delinquency petition or the
27 criminal prosecution, to be granted during pre-trial release
28 of a defendant, with any dispositional order issued under
29 Section 5-710 5-23 of the Juvenile Court Act of 1987, or as a
30 condition of release, supervision, conditional discharge,
31 probation, periodic imprisonment, parole or mandatory
32 supervised release, or in conjunction with imprisonment or a
33 bond forfeiture warrant, provided that:
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1 (i) the violation is alleged in an information,
2 complaint, indictment or delinquency petition on file,
3 and the alleged offender and victim are family or
4 household members; and
5 (ii) the petition, which is filed by the State's
6 Attorney, names a victim of the alleged crime as a
7 petitioner.
8 (b) Withdrawal or dismissal of any petition for an order
9 of protection prior to adjudication where the petitioner is
10 represented by the state shall operate as a dismissal without
11 prejudice.
12 (c) Voluntary dismissal or withdrawal of any delinquency
13 petition or criminal prosecution or a finding of not guilty
14 shall not require dismissal of the action for the order of
15 protection; instead, in the discretion of the State's
16 Attorney, it may be treated as an independent action and, if
17 necessary and appropriate, transferred to a different court
18 or division. Dismissal of any delinquency petition or
19 criminal prosecution shall not affect the validity of any
20 previously issued order of protection, and thereafter
21 subsection (b) of Section 112A-20 shall be inapplicable to
22 that order.
23 (Source: P.A. 86-1300; 87-443; 87-1186.)
24 Section 2001-30. The Bill of Rights for Children is
25 amended by changing Section 3 as follows:
26 (725 ILCS 115/3) (from Ch. 38, par. 1353)
27 Sec. 3. Rights to present child impact statement.
28 (a) In any case where a defendant has been convicted of
29 a violent crime involving a child or a juvenile has been
30 adjudicated a delinquent for any offense defined in Sections
31 12-13 through 12-16 of the Criminal Code of 1961, except
32 those in which both parties have agreed to the imposition of
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1 a specific sentence, and a parent or legal guardian of the
2 child involved is present in the courtroom at the time of the
3 sentencing or the disposition hearing, the parent or legal
4 guardian upon his or her request shall have the right to
5 address the court regarding the impact which the defendant's
6 criminal conduct or the juvenile's delinquent conduct has had
7 upon the child. If the parent or legal guardian chooses to
8 exercise this right, the impact statement must have been
9 prepared in writing in conjunction with the Office of the
10 State's Attorney prior to the initial hearing or sentencing,
11 before it can be presented orally at the sentencing hearing.
12 The court shall consider any statements made by the parent or
13 legal guardian, along with all other appropriate factors in
14 determining the sentence of the defendant or disposition of
15 such juvenile.
16 (b) The crime victim has the right to prepare a victim
17 impact statement and present it to the office of the State's
18 Attorney at any time during the proceedings.
19 (c) This Section shall apply to any child victims of any
20 offense defined in Sections 12-13 through 12-16 of the
21 Criminal Code of 1961 during any dispositional hearing under
22 Section 5-705 5-22 of the Juvenile Court Act of 1987 which
23 takes place pursuant to an adjudication of delinquency for
24 any such offense.
25 (Source: P.A. 88-489.)
26 Section 2001-35. The Rights of Crime Victims and
27 Witnesses Act is amended by changing Section 6 as follows:
28 (725 ILCS 120/6) (from Ch. 38, par. 1406)
29 Sec. 6. Rights to present victim impact statement.
30 (a) In any case where a defendant has been convicted of
31 a violent crime or a juvenile has been adjudicated a
32 delinquent for a violent crime except those in which both
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1 parties have agreed to the imposition of a specific sentence,
2 and a victim of the violent crime is present in the courtroom
3 at the time of the sentencing or the disposition hearing, the
4 victim upon his or her request shall have the right to
5 address the court regarding the impact which the defendant's
6 criminal conduct or the juvenile's delinquent conduct has had
7 upon the victim. If the victim chooses to exercise this
8 right, the impact statement must have been prepared in
9 writing in conjunction with the Office of the State's
10 Attorney prior to the initial hearing or sentencing, before
11 it can be presented orally or in writing at the sentencing
12 hearing. In conjunction with the Office of the State's
13 Attorney, a victim impact statement that is presented orally
14 may be done so by the victim or his or her representative.
15 The court shall consider any statements made by the victim,
16 along with all other appropriate factors in determining the
17 sentence of the defendant or disposition of such juvenile.
18 (b) The crime victim has the right to prepare a victim
19 impact statement and present it to the Office of the State's
20 Attorney at any time during the proceedings.
21 (c) This Section shall apply to any victims of a violent
22 crime during any dispositional hearing under Section 5-705
23 5-22 of the Juvenile Court Act of 1987 which takes place
24 pursuant to an adjudication of delinquency for any such
25 offense.
26 (Source: P.A. 88-489; 88-680, eff. 1-1-95; 89-546, eff.
27 1-1-97.)
28 Section 2001-40. The Unified Code of Corrections is
29 amended by changing Sections 3-2-2, 3-2-5, 3-3-3, 3-3-4,
30 3-3-8, 3-6-2, 3-10-7, 3-15-2, and 5-3-4 as follows:
31 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
32 Sec. 3-2-2. Powers and Duties of the Department.
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1 (1) In addition to the powers, duties and
2 responsibilities which are otherwise provided by law, the
3 Department shall have the following powers:
4 (a) To accept persons committed to it by the courts of
5 this State for care, custody, treatment and rehabilitation.
6 (b) To develop and maintain reception and evaluation
7 units for purposes of analyzing the custody and
8 rehabilitation needs of persons committed to it and to assign
9 such persons to institutions and programs under its control
10 or transfer them to other appropriate agencies. In
11 consultation with the Department of Alcoholism and Substance
12 Abuse (now the Department of Human Services), the Department
13 of Corrections shall develop a master plan for the screening
14 and evaluation of persons committed to its custody who have
15 alcohol or drug abuse problems, and for making appropriate
16 treatment available to such persons; the Department shall
17 report to the General Assembly on such plan not later than
18 April 1, 1987. The maintenance and implementation of such
19 plan shall be contingent upon the availability of funds.
20 (b-5) To develop, in consultation with the Department of
21 State Police, a program for tracking and evaluating each
22 inmate from commitment through release for recording his or
23 her gang affiliations, activities, or ranks.
24 (c) To maintain and administer all State correctional
25 institutions and facilities under its control and to
26 establish new ones as needed. Pursuant to its power to
27 establish new institutions and facilities, the Department
28 may, with the written approval of the Governor, authorize the
29 Department of Central Management Services to enter into an
30 agreement of the type described in subsection (d) of Section
31 67.02 of the Civil Administrative Code of Illinois. The
32 Department shall designate those institutions which shall
33 constitute the State Penitentiary System.
34 Pursuant to its power to establish new institutions and
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1 facilities, the Department may authorize the Department of
2 Central Management Services to accept bids from counties and
3 municipalities for the construction, remodeling or conversion
4 of a structure to be leased to the Department of Corrections
5 for the purposes of its serving as a correctional institution
6 or facility. Such construction, remodeling or conversion may
7 be financed with revenue bonds issued pursuant to the
8 Industrial Building Revenue Bond Act by the municipality or
9 county. The lease specified in a bid shall be for a term of
10 not less than the time needed to retire any revenue bonds
11 used to finance the project, but not to exceed 40 years. The
12 lease may grant to the State the option to purchase the
13 structure outright.
14 Upon receipt of the bids, the Department may certify one
15 or more of the bids and shall submit any such bids to the
16 General Assembly for approval. Upon approval of a bid by a
17 constitutional majority of both houses of the General
18 Assembly, pursuant to joint resolution, the Department of
19 Central Management Services may enter into an agreement with
20 the county or municipality pursuant to such bid.
21 (c-5) To build and maintain regional juvenile detention
22 centers and to charge a per diem to the counties as
23 established by the Department to defray the costs of housing
24 each minor in a center. In this subsection (c-5), "juvenile
25 detention center" means a facility to house minors during
26 pendency of trial who have been transferred from proceedings
27 under the Juvenile Court Act of 1987 to prosecutions under
28 the criminal laws of this State in accordance with Section
29 5-805 5-4 of the Juvenile Court Act of 1987, whether the
30 transfer was by operation of law or permissive under that
31 Section. The Department shall designate the counties to be
32 served by each regional juvenile detention center.
33 (d) To develop and maintain programs of control,
34 rehabilitation and employment of committed persons within its
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1 institutions.
2 (e) To establish a system of supervision and guidance of
3 committed persons in the community.
4 (f) To establish in cooperation with the Department of
5 Transportation to supply a sufficient number of prisoners for
6 use by the Department of Transportation to clean up the trash
7 and garbage along State, county, township, or municipal
8 highways as designated by the Department of Transportation.
9 The Department of Corrections, at the request of the
10 Department of Transportation, shall furnish such prisoners at
11 least annually for a period to be agreed upon between the
12 Director of Corrections and the Director of Transportation.
13 The prisoners used on this program shall be selected by the
14 Director of Corrections on whatever basis he deems proper in
15 consideration of their term, behavior and earned eligibility
16 to participate in such program - where they will be outside
17 of the prison facility but still in the custody of the
18 Department of Corrections. Prisoners convicted of first
19 degree murder, or a Class X felony, or armed violence, or
20 aggravated kidnapping, or criminal sexual assault,
21 aggravated criminal sexual abuse or a subsequent conviction
22 for criminal sexual abuse, or forcible detention, or arson,
23 or a prisoner adjudged a Habitual Criminal shall not be
24 eligible for selection to participate in such program. The
25 prisoners shall remain as prisoners in the custody of the
26 Department of Corrections and such Department shall furnish
27 whatever security is necessary. The Department of
28 Transportation shall furnish trucks and equipment for the
29 highway cleanup program and personnel to supervise and direct
30 the program. Neither the Department of Corrections nor the
31 Department of Transportation shall replace any regular
32 employee with a prisoner.
33 (g) To maintain records of persons committed to it and
34 to establish programs of research, statistics and planning.
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1 (h) To investigate the grievances of any person
2 committed to the Department, to inquire into any alleged
3 misconduct by employees or committed persons, and to
4 investigate the assets of committed persons to implement
5 Section 3-7-6 of this Code; and for these purposes it may
6 issue subpoenas and compel the attendance of witnesses and
7 the production of writings and papers, and may examine under
8 oath any witnesses who may appear before it; to also
9 investigate alleged violations of a parolee's or releasee's
10 conditions of parole or release; and for this purpose it may
11 issue subpoenas and compel the attendance of witnesses and
12 the production of documents only if there is reason to
13 believe that such procedures would provide evidence that such
14 violations have occurred.
15 If any person fails to obey a subpoena issued under this
16 subsection, the Director may apply to any circuit court to
17 secure compliance with the subpoena. The failure to comply
18 with the order of the court issued in response thereto shall
19 be punishable as contempt of court.
20 (i) To appoint and remove the chief administrative
21 officers, and administer programs of training and development
22 of personnel of the Department. Personnel assigned by the
23 Department to be responsible for the custody and control of
24 committed persons or to investigate the alleged misconduct of
25 committed persons or employees or alleged violations of a
26 parolee's or releasee's conditions of parole shall be
27 conservators of the peace for those purposes, and shall have
28 the full power of peace officers outside of the facilities of
29 the Department in the protection, arrest, retaking and
30 reconfining of committed persons or where the exercise of
31 such power is necessary to the investigation of such
32 misconduct or violations.
33 (j) To cooperate with other departments and agencies and
34 with local communities for the development of standards and
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1 programs for better correctional services in this State.
2 (k) To administer all moneys and properties of the
3 Department.
4 (l) To report annually to the Governor on the committed
5 persons, institutions and programs of the Department.
6 (l-5) In a confidential annual report to the Governor,
7 the Department shall identify all inmate gangs by specifying
8 each current gang's name, population and allied gangs. The
9 Department shall further specify the number of top leaders
10 identified by the Department for each gang during the past
11 year, and the measures taken by the Department to segregate
12 each leader from his or her gang and allied gangs. The
13 Department shall further report the current status of leaders
14 identified and segregated in previous years. All leaders
15 described in the report shall be identified by inmate number
16 or other designation to enable tracking, auditing, and
17 verification without revealing the names of the leaders.
18 Because this report contains law enforcement intelligence
19 information collected by the Department, the report is
20 confidential and not subject to public disclosure.
21 (m) To make all rules and regulations and exercise all
22 powers and duties vested by law in the Department.
23 (n) To establish rules and regulations for administering
24 a system of good conduct credits, established in accordance
25 with Section 3-6-3, subject to review by the Prisoner Review
26 Board.
27 (o) To administer the distribution of funds from the
28 State Treasury to reimburse counties where State penal
29 institutions are located for the payment of assistant state's
30 attorneys' salaries under Section 4-2001 of the Counties
31 Code.
32 (p) To exchange information with the Department of Human
33 Services and the Illinois Department of Public Aid for the
34 purpose of verifying living arrangements and for other
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1 purposes directly connected with the administration of this
2 Code and the Illinois Public Aid Code.
3 (q) To establish a diversion program.
4 The program shall provide a structured environment for
5 selected technical parole or mandatory supervised release
6 violators and committed persons who have violated the rules
7 governing their conduct while in work release. This program
8 shall not apply to those persons who have committed a new
9 offense while serving on parole or mandatory supervised
10 release or while committed to work release.
11 Elements of the program shall include, but shall not be
12 limited to, the following:
13 (1) The staff of a diversion facility shall provide
14 supervision in accordance with required objectives set by
15 the facility.
16 (2) Participants shall be required to maintain
17 employment.
18 (3) Each participant shall pay for room and board
19 at the facility on a sliding-scale basis according to the
20 participant's income.
21 (4) Each participant shall:
22 (A) provide restitution to victims in
23 accordance with any court order;
24 (B) provide financial support to his
25 dependents; and
26 (C) make appropriate payments toward any other
27 court-ordered obligations.
28 (5) Each participant shall complete community
29 service in addition to employment.
30 (6) Participants shall take part in such
31 counseling, educational and other programs as the
32 Department may deem appropriate.
33 (7) Participants shall submit to drug and alcohol
34 screening.
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1 (8) The Department shall promulgate rules governing
2 the administration of the program.
3 (r) To enter into intergovernmental cooperation
4 agreements under which persons in the custody of the
5 Department may participate in a county impact incarceration
6 program established under Section 3-6038 or 3-15003.5 of the
7 Counties Code.
8 (r-5) To enter into intergovernmental cooperation
9 agreements under which minors adjudicated delinquent and
10 committed to the Department of Corrections, Juvenile
11 Division, may participate in a county juvenile impact
12 incarceration program established under Section 3-6039 of the
13 Counties Code.
14 (r-10) To systematically and routinely identify with
15 respect to each streetgang active within the correctional
16 system: (1) each active gang; (2) every existing inter-gang
17 affiliation or alliance; and (3) the current leaders in each
18 gang. The Department shall promptly segregate leaders from
19 inmates who belong to their gangs and allied gangs.
20 "Segregate" means no physical contact and, to the extent
21 possible under the conditions and space available at the
22 correctional facility, prohibition of visual and sound
23 communication. For the purposes of this paragraph (r-10),
24 "leaders" means persons who:
25 (i) are members of a criminal streetgang;
26 (ii) with respect to other individuals within the
27 streetgang, occupy a position of organizer, supervisor,
28 or other position of management or leadership; and
29 (iii) are actively and personally engaged in
30 directing, ordering, authorizing, or requesting
31 commission of criminal acts by others, which are
32 punishable as a felony, in furtherance of streetgang
33 related activity both within and outside of the
34 Department of Corrections.
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1 "Streetgang", "gang", and "streetgang related" have the
2 meanings ascribed to them in Section 10 of the Illinois
3 Streetgang Terrorism Omnibus Prevention Act.
4 (s) To operate a super-maximum security institution, in
5 order to manage and supervise inmates who are disruptive or
6 dangerous and provide for the safety and security of the
7 staff and the other inmates.
8 (t) To monitor any unprivileged conversation or any
9 unprivileged communication, whether in person or by mail,
10 telephone, or other means, between an inmate who, before
11 commitment to the Department, was a member of an organized
12 gang and any other person without the need to show cause or
13 satisfy any other requirement of law before beginning the
14 monitoring, except as constitutionally required. The
15 monitoring may be by video, voice, or other method of
16 recording or by any other means. As used in this subdivision
17 (1)(t), "organized gang" has the meaning ascribed to it in
18 Section 10 of the Illinois Streetgang Terrorism Omnibus
19 Prevention Act.
20 As used in this subdivision (1)(t), "unprivileged
21 conversation" or "unprivileged communication" means a
22 conversation or communication that is not protected by any
23 privilege recognized by law or by decision, rule, or order of
24 the Illinois Supreme Court.
25 (u) To do all other acts necessary to carry out the
26 provisions of this Chapter.
27 (2) The Department of Corrections shall by January 1,
28 1998, consider building and operating a correctional facility
29 within 100 miles of a county of over 2,000,000 inhabitants,
30 especially a facility designed to house juvenile participants
31 in the impact incarceration program.
32 (Source: P.A. 89-110, eff. 1-1-96; 89-302, eff. 8-11-95;
33 89-312, eff. 8-11-95; 89-390, eff. 8-20-95; 89-507, eff.
34 7-1-97; 89-626, eff. 8-9-96; 89-688, eff. 6-1-97; 89-689,
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1 eff. 12-31-96; 90-14, eff. 7-1-97.)
2 (730 ILCS 5/3-2-5) (from Ch. 38, par. 1003-2-5)
3 Sec. 3-2-5. Organization of the Department. (a) There
4 shall be an Adult Division within the Department which shall
5 be administered by an Assistant Director appointed by the
6 Governor under The Civil Administrative Code of Illinois. The
7 Assistant Director shall be under the direction of the
8 Director. The Adult Division shall be responsible for all
9 persons committed or transferred to the Department under
10 Sections 3-10-7 or 5-8-6 of this Code.
11 (b) There shall be a Juvenile Division within the
12 Department which shall be administered by an Assistant
13 Director appointed by the Governor under The Civil
14 Administrative Code of Illinois. The Assistant Director shall
15 be under the direction of the Director. The Juvenile Division
16 shall be responsible for all persons committed to the
17 Juvenile Division of the Department under Section 5-8-6 of
18 this Code or Section 5-10 of the Juvenile Court Act or
19 Section 5-750 5-33 of the Juvenile Court Act of 1987.
20 (Source: P.A. 85-1209.)
21 (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
22 Sec. 3-3-3. Eligibility for Parole or Release. (a) Except
23 for those offenders who accept the fixed release date
24 established by the Prisoner Review Board under Section
25 3-3-2.1, every person serving a term of imprisonment under
26 the law in effect prior to the effective date of this
27 amendatory Act of 1977 shall be eligible for parole when he
28 has served:
29 (1) the minimum term of an indeterminate sentence less
30 time credit for good behavior, or 20 years less time credit
31 for good behavior, whichever is less; or
32 (2) 20 years of a life sentence less time credit for
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1 good behavior; or
2 (3) 20 years or one-third of a determinate sentence,
3 whichever is less, less time credit for good behavior.
4 (b) No person sentenced under this amendatory Act of
5 1977 or who accepts a release date under Section 3-3-2.1
6 shall be eligible for parole.
7 (c) Except for those sentenced to a term of natural life
8 imprisonment, every person sentenced to imprisonment under
9 this amendatory Act of 1977 or given a release date under
10 Section 3-3-2.1 of this Act shall serve the full term of a
11 determinate sentence less time credit for good behavior and
12 shall then be released under the mandatory supervised release
13 provisions of paragraph (d) of Section 5-8-1 of this Code.
14 (d) No person serving a term of natural life
15 imprisonment may be paroled or released except through
16 executive clemency.
17 (e) Every person committed to the Juvenile Division
18 under Section 5-10 of the Juvenile Court Act or Section 5-750
19 5-33 of the Juvenile Court Act of 1987 or Section 5-8-6 of
20 this Code and confined in the State correctional institutions
21 or facilities if such juvenile has not been tried as an adult
22 shall be eligible for parole without regard to the length of
23 time the person has been confined or whether the person has
24 served any minimum term imposed. However, if a juvenile has
25 been tried as an adult he shall only be eligible for parole
26 or mandatory supervised release as an adult under this
27 Section.
28 (Source: P.A. 85-1209.)
29 (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
30 Sec. 3-3-4. Preparation for Parole Hearing. (a) The
31 Prisoner Review Board shall consider the parole of each
32 eligible person committed to the Adult Division at least 30
33 days prior to the date he shall first become eligible for
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1 parole, and shall consider the parole of each person
2 committed to the Juvenile Division as a delinquent at least
3 30 days prior to the expiration of the first year of
4 confinement.
5 (b) A person eligible for parole shall, in advance of
6 his parole hearing, prepare a parole plan in accordance with
7 the rules of the Prisoner Review Board. The person shall be
8 assisted in preparing his parole plan by personnel of the
9 Department and may, for this purpose, be released on furlough
10 under Article 11 or on authorized absence under Section
11 3-9-4. The Department shall also provide assistance in
12 obtaining information and records helpful to the individual
13 for his parole hearing.
14 (c) The members of the Board shall have access at all
15 reasonable times to any committed person and to his master
16 record file within the Department, and the Department shall
17 furnish such reports to the Board as the Board may require
18 concerning the conduct and character of any such person.
19 (d) In making its determination of parole, the Board
20 shall consider:
21 (1) material transmitted to the Department by the clerk
22 of the committing court under Section 5-4-1 or Section 5-10
23 of the Juvenile Court Act or Section 5-750 5-33 of the
24 Juvenile Court Act of 1987;
25 (2) the report under Section 3-8-2 or 3-10-2;
26 (3) a report by the Department and any report by the
27 chief administrative officer of the institution or facility;
28 (4) a parole progress report;
29 (5) a medical and psychological report, if requested by
30 the Board;
31 (6) material in writing, or on film, video tape or other
32 electronic means in the form of a recording submitted by the
33 person whose parole is being considered; and
34 (7) material in writing, or on film, video tape or other
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1 electronic means in the form of a recording or testimony
2 submitted by the State's Attorney and the victim pursuant to
3 the Bill of Rights for Victims and Witnesses of Violent Crime
4 Act.
5 (e) The prosecuting State's Attorney's office shall
6 receive reasonable written notice not less than 15 days prior
7 to the parole hearing and may submit relevant information in
8 writing, or on film, video tape or other electronic means or
9 in the form of a recording to the Board for its
10 consideration. The State's Attorney may waive the written
11 notice.
12 (f) The victim of the violent crime for which the
13 prisoner has been sentenced shall receive notice of a parole
14 hearing as provided in paragraph (16) of Section 4 of the
15 Bill of Rights for Victims and Witnesses of Violent Crime
16 Act.
17 (g) Any recording considered under the provisions of
18 subsection (d)(6), (d)(7) or (e) of this Section shall be in
19 the form designated by the Board. Such recording shall be
20 both visual and aural. Every voice on the recording and
21 person present shall be identified and the recording shall
22 contain either a visual or aural statement of the person
23 submitting such recording, the date of the recording and the
24 name of the person whose parole eligibility is being
25 considered. Such recordings, if retained by the Board shall
26 be deemed to be submitted at any subsequent parole hearing if
27 the victim or State's Attorney submits in writing a
28 declaration clearly identifying such recording as
29 representing the present position of the victim or State's
30 Attorney regarding the issues to be considered at the parole
31 hearing.
32 (Source: P.A. 86-642.)
33 (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
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1 Sec. 3-3-8. Length of parole and mandatory supervised
2 release; discharge.)
3 (a) The length of parole for a person sentenced under
4 the law in effect prior to the effective date of this
5 amendatory Act of 1977 and the length of mandatory supervised
6 release for those sentenced under the law in effect on and
7 after such effective date shall be as set out in Section
8 5-8-1 unless sooner terminated under paragraph (b) of this
9 Section. The parole period of a juvenile committed to the
10 Department under the Juvenile Court Act or the Juvenile Court
11 Act of 1987 shall extend until he is 21 years of age unless
12 sooner terminated under paragraph (b) of this Section.
13 (b) The Prisoner Review Board may enter an order
14 releasing and discharging one from parole or mandatory
15 supervised release, and his commitment to the Department,
16 when it determines that he is likely to remain at liberty
17 without committing another offense.
18 (c) The order of discharge shall become effective upon
19 entry of the order of the Board. The Board shall notify the
20 clerk of the committing court of the order. Upon receipt of
21 such copy, the clerk shall make an entry on the record
22 judgment that the sentence or commitment has been satisfied
23 pursuant to the order.
24 (d) Rights of the person discharged under this Section
25 shall be restored under Section 5-5-5. This Section is
26 subject to Section 5-750 5-33 of the Juvenile Court Act of
27 1987.
28 (Source: P.A. 85-1209.)
29 (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
30 Sec. 3-6-2. Institutions and Facility Administration.
31 (a) Each institution and facility of the Department
32 shall be administered by a chief administrative officer
33 appointed by the Director. A chief administrative officer
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1 shall be responsible for all persons assigned to the
2 institution or facility. The chief administrative officer
3 shall administer the programs of the Department for the
4 custody and treatment of such persons.
5 (b) The chief administrative officer shall have such
6 assistants as the Department may assign.
7 (c) The Director or Assistant Director shall have the
8 emergency powers to temporarily transfer individuals without
9 formal procedures to any State, county, municipal or regional
10 correctional or detention institution or facility in the
11 State, subject to the acceptance of such receiving
12 institution or facility, or to designate any reasonably
13 secure place in the State as such an institution or facility
14 and to make transfers thereto. However, transfers made under
15 emergency powers shall be reviewed as soon as practicable
16 under Article 8, and shall be subject to Section 5-905 1-7 of
17 the Juvenile Court Act of 1987. This Section shall not apply
18 to transfers to the Department of Human Services which are
19 provided for under Section 3-8-5 or Section 3-10-5.
20 (d) The Department shall provide educational programs
21 for all committed persons so that all persons have an
22 opportunity to attain the achievement level equivalent to the
23 completion of the twelfth grade in the public school system
24 in this State. Other higher levels of attainment shall be
25 encouraged and professional instruction shall be maintained
26 wherever possible. The Department may establish programs of
27 mandatory education and may establish rules and regulations
28 for the administration of such programs. A person committed
29 to the Department who, during the period of his or her
30 incarceration, participates in an educational program
31 provided by or through the Department and through that
32 program is awarded or earns the number of hours of credit
33 required for the award of an associate, baccalaureate, or
34 higher degree from a community college, college, or
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1 university located in Illinois shall reimburse the State,
2 through the Department, for the costs incurred by the State
3 in providing that person during his or her incarceration with
4 the education that qualifies him or her for the award of that
5 degree. The costs for which reimbursement is required under
6 this subsection shall be determined and computed by the
7 Department under rules and regulations that it shall
8 establish for that purpose. However, interest at the rate of
9 6% per annum shall be charged on the balance of those costs
10 from time to time remaining unpaid, from the date of the
11 person's parole, mandatory supervised release, or release
12 constituting a final termination of his or her commitment to
13 the Department until paid.
14 (e) A person committed to the Department who becomes in
15 need of medical or surgical treatment but is incapable of
16 giving consent thereto shall receive such medical or surgical
17 treatment by the chief administrative officer consenting on
18 the person's behalf. Before the chief administrative officer
19 consents, he or she shall obtain the advice of one or more
20 physicians licensed to practice medicine in all its branches
21 in this State. If such physician or physicians advise:
22 (1) that immediate medical or surgical treatment is
23 required relative to a condition threatening to cause
24 death, damage or impairment to bodily functions, or
25 disfigurement; and
26 (2) that the person is not capable of giving
27 consent to such treatment; the chief administrative
28 officer may give consent for such medical or surgical
29 treatment, and such consent shall be deemed to be the
30 consent of the person for all purposes, including, but
31 not limited to, the authority of a physician to give such
32 treatment.
33 (f) In the event that the person requires medical care
34 and treatment at a place other than the institution or
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1 facility, the person may be removed therefrom under
2 conditions prescribed by the Department. The Department shall
3 require the committed person receiving medical or dental
4 services on a non-emergency basis to pay a $2 co-payment to
5 the Department for each visit for medical or dental services
6 at a place other than the institution or facility. The
7 amount of each co-payment shall be deducted from the
8 committed person's individual account. A committed person who
9 is indigent is exempt from the $2 co-payment and is entitled
10 to receive medical or dental services on the same basis as a
11 committed person who is financially able to afford the
12 co-payment.
13 (g) Any person having sole custody of a child at the
14 time of commitment or any woman giving birth to a child after
15 her commitment, may arrange through the Department of
16 Children and Family Services for suitable placement of the
17 child outside of the Department of Corrections. The Director
18 of the Department of Corrections may determine that there are
19 special reasons why the child should continue in the custody
20 of the mother until the child is 6 years old.
21 (h) The Department may provide Family Responsibility
22 Services which may consist of, but not be limited to the
23 following:
24 (1) family advocacy counseling;
25 (2) parent self-help group;
26 (3) parenting skills training;
27 (4) parent and child overnight program;
28 (5) parent and child reunification counseling,
29 either separately or together, preceding the inmate's
30 release; and
31 (6) a prerelease reunification staffing involving
32 the family advocate, the inmate and the child's
33 counselor, or both and the inmate.
34 (i) Prior to the release of any inmate who has a
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1 documented history of intravenous drug use, and upon the
2 receipt of that inmate's written informed consent, the
3 Department shall provide for the testing of such inmate for
4 infection with human immunodeficiency virus (HIV) and any
5 other identified causative agent of acquired immunodeficiency
6 syndrome (AIDS). The testing provided under this subsection
7 shall consist of an enzyme-linked immunosorbent assay (ELISA)
8 test or such other test as may be approved by the Illinois
9 Department of Public Health. If the test result is positive,
10 the Western Blot Assay or more reliable confirmatory test
11 shall be administered. All inmates tested in accordance with
12 the provisions of this subsection shall be provided with
13 pre-test and post-test counseling. Notwithstanding any
14 provision of this subsection to the contrary, the Department
15 shall not be required to conduct the testing and counseling
16 required by this subsection unless sufficient funds to cover
17 all costs of such testing and counseling are appropriated for
18 that purpose by the General Assembly.
19 (Source: P.A. 89-507, eff. 7-1-97; 89-659, eff. 1-1-97;
20 90-14, eff. 7-1-97.)
21 (730 ILCS 5/3-10-7) (from Ch. 38, par. 1003-10-7)
22 Sec. 3-10-7. Interdivisional Transfers. (a) In any case
23 where a minor was originally prosecuted under the provisions
24 of the Criminal Code of 1961, as amended, and sentenced under
25 the provisions of this Act pursuant to Section 2-7 of the
26 Juvenile Court Act or Section 5-805 5-4 of the Juvenile Court
27 Act of 1987 and committed to the Juvenile Division under
28 Section 5-8-6, the Department of Corrections shall, within 30
29 days of the date that the minor reaches the age of 17, send
30 formal notification to the sentencing court and the State's
31 Attorney of the county from which the minor was sentenced
32 indicating the day upon which the minor offender will achieve
33 the age of 17. Within 90 days of receipt of that notice, the
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1 sentencing court shall conduct a hearing, pursuant to the
2 provisions of subsection (c) of this Section to determine
3 whether or not the minor shall continue to remain under the
4 auspices of the Juvenile Division or be transferred to the
5 Adult Division of the Department of Corrections.
6 The minor shall be served with notice of the date of the
7 hearing, shall be present at the hearing, and has the right
8 to counsel at the hearing. The minor, with the consent of
9 his or her counsel or guardian may waive his presence at
10 hearing.
11 (b) Unless sooner paroled under Section 3-3-3, the
12 confinement of a minor person committed for an indeterminate
13 sentence in a criminal proceeding shall terminate at the
14 expiration of the maximum term of imprisonment, and he shall
15 thereupon be released to serve a period of parole under
16 Section 5-8-1, but if the maximum term of imprisonment does
17 not expire until after his 21st birthday, he shall continue
18 to be subject to the control and custody of the Department,
19 and on his 21st birthday, he shall be transferred to the
20 Adult Division. If such person is on parole on his 21st
21 birthday, his parole supervision may be transferred to the
22 Adult Division.
23 (c) Any interdivisional transfer hearing conducted
24 pursuant to subsection (a) of this Section shall consider all
25 available information which may bear upon the issue of
26 transfer. All evidence helpful to the court in determining
27 the question of transfer, including oral and written reports
28 containing hearsay, may be relied upon to the extent of its
29 probative value, even though not competent for the purposes
30 of an adjudicatory hearing. The court shall consider, along
31 with any other relevant matter, the following:
32 1. The nature of the offense for which the minor was
33 found guilty and the length of the sentence the minor has to
34 serve and the record and previous history of the minor.
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1 2. The record of the minor's adjustment within the
2 Department of Corrections' Juvenile Division, including, but
3 not limited to, reports from the minor's counselor, any
4 escapes, attempted escapes or violent or disruptive conduct
5 on the part of the minor, any tickets received by the minor,
6 summaries of classes attended by the minor, and any record of
7 work performed by the minor while in the institution.
8 3. The relative maturity of the minor based upon the
9 physical, psychological and emotional development of the
10 minor.
11 4. The record of the rehabilitative progress of the
12 minor and an assessment of the vocational potential of the
13 minor.
14 5. An assessment of the necessity for transfer of the
15 minor, including, but not limited to, the availability of
16 space within the Department of Corrections, the disciplinary
17 and security problem which the minor has presented to the
18 Juvenile Division and the practicability of maintaining the
19 minor in a juvenile facility, whether resources have been
20 exhausted within the Juvenile Division of the Department of
21 Corrections, the availability of rehabilitative and
22 vocational programs within the Department of Corrections, and
23 the anticipated ability of the minor to adjust to confinement
24 within an adult institution based upon the minor's physical
25 size and maturity.
26 All relevant factors considered under this subsection
27 need not be resolved against the juvenile in order to justify
28 such transfer. Access to social records, probation reports
29 or any other reports which are considered by the court for
30 the purpose of transfer shall be made available to counsel
31 for the juvenile at least 30 days prior to the date of the
32 transfer hearing. The Sentencing Court, upon granting a
33 transfer order, shall accompany such order with a statement
34 of reasons.
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1 (d) Whenever the Director or his designee determines
2 that the interests of safety, security and discipline require
3 the transfer to the Adult Division of a person 17 years or
4 older who was prosecuted under the provisions of the Criminal
5 Code of 1961, as amended, and sentenced under the provisions
6 of this Act pursuant to Section 2-7 of the Juvenile Court Act
7 or Section 5-805 5-4 of the Juvenile Court Act of 1987 and
8 committed to the Juvenile Division under Section 5-8-6, the
9 Director or his designee may authorize the emergency transfer
10 of such person, unless the transfer of the person is governed
11 by subsection (e) of this Section. The sentencing court shall
12 be provided notice of any emergency transfer no later than 3
13 days after the emergency transfer. Upon motion brought
14 within 60 days of the emergency transfer by the sentencing
15 court or any party, the sentencing court may conduct a
16 hearing pursuant to the provisions of subsection (c) of this
17 Section in order to determine whether the person shall remain
18 confined in the Adult Division.
19 (e) The Director or his designee may authorize the
20 permanent transfer to the Adult Division of any person 18
21 years or older who was prosecuted under the provisions of the
22 Criminal Code of 1961, as amended, and sentenced under the
23 provisions of this Act pursuant to Section 2-7 of the
24 Juvenile Court Act or Section 5-805 5-4 of the Juvenile Court
25 Act of 1987 and committed to the Juvenile Division under
26 Section 5-8-6 of this Act. The Director or his designee shall
27 be governed by the following factors in determining whether
28 to authorize the permanent transfer of the person to the
29 Adult Division:
30 1. The nature of the offense for which the person was
31 found guilty and the length of the sentence the person has to
32 serve and the record and previous history of the person.
33 2. The record of the person's adjustment within the
34 Department of Corrections' Juvenile Division, including, but
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1 not limited to, reports from the person's counselor, any
2 escapes, attempted escapes or violent or disruptive conduct
3 on the part of the person, any tickets received by the
4 person, summaries of classes attended by the person, and any
5 record of work performed by the person while in the
6 institution.
7 3. The relative maturity of the person based upon the
8 physical, psychological and emotional development of the
9 person.
10 4. The record of the rehabilitative progress of the
11 person and an assessment of the vocational potential of the
12 person.
13 5. An assessment of the necessity for transfer of the
14 person, including, but not limited to, the availability of
15 space within the Department of Corrections, the disciplinary
16 and security problem which the person has presented to the
17 Juvenile Division and the practicability of maintaining the
18 person in a juvenile facility, whether resources have been
19 exhausted within the Juvenile Division of the Department of
20 Corrections, the availability of rehabilitative and
21 vocational programs within the Department of Corrections, and
22 the anticipated ability of the person to adjust to
23 confinement within an adult institution based upon the
24 person's physical size and maturity.
25 (Source: P.A. 85-1209.)
26 (730 ILCS 5/3-15-2) (from Ch. 38, par. 1003-15-2)
27 Sec. 3-15-2. Standards and Assistance to Local Jails and
28 Detention and Shelter Care Facilities.
29 (a) The Department shall establish for the operation of
30 county and municipal jails and houses of correction, and
31 county juvenile detention and shelter care facilities
32 established pursuant to the "County Shelter Care and
33 Detention Home Act", minimum standards for the physical
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1 condition of such institutions and for the treatment of
2 inmates with respect to their health and safety and the
3 security of the community.
4 Such standards shall not apply to county shelter care
5 facilities which were in operation prior to January 1, 1980.
6 Such standards shall not seek to mandate minimum floor space
7 requirements for each inmate housed in cells and detention
8 rooms in county and municipal jails and houses of correction.
9 However, no more than two inmates may be housed in a single
10 cell or detention room.
11 When an inmate is tested for an airborne communicable
12 disease, as determined by the Illinois Department of Public
13 Health including but not limited to tuberculosis, the results
14 of the test shall be personally delivered by the warden or
15 his or her designee in a sealed envelope to the judge of the
16 court in which the inmate must appear for the judge's
17 inspection in camera if requested by the judge. Acting in
18 accordance with the best interests of those in the courtroom,
19 the judge shall have the discretion to determine what if any
20 precautions need to be taken to prevent transmission of the
21 disease in the courtroom.
22 (b) At least once each year, the Department may inspect
23 each adult facility for compliance with the standards
24 established and the results of such inspection shall be made
25 available by the Department for public inspection. At least
26 once each year, the Department shall inspect each county
27 juvenile detention and shelter care facility for compliance
28 with the standards established, and the Department shall make
29 the results of such inspections available for public
30 inspection. If any detention, shelter care or correctional
31 facility does not comply with the standards established, the
32 Director of Corrections shall give notice to the county board
33 and the sheriff or the corporate authorities of the
34 municipality, as the case may be, of such noncompliance,
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1 specifying the particular standards that have not been met by
2 such facility. If the facility is not in compliance with such
3 standards when six months have elapsed from the giving of
4 such notice, the Director of Corrections may petition the
5 appropriate court for an order requiring such facility to
6 comply with the standards established by the Department or
7 for other appropriate relief.
8 (c) The Department may provide consultation services for
9 the design, construction, programs and administration of
10 detention, shelter care, and correctional facilities and
11 services for children and adults operated by counties and
12 municipalities and may make studies and surveys of the
13 programs and the administration of such facilities. Personnel
14 of the Department shall be admitted to these facilities as
15 required for such purposes. The Department may develop and
16 administer programs of grants-in-aid for correctional
17 services in cooperation with local agencies. The Department
18 may provide courses of training for the personnel of such
19 institutions and conduct pilot projects in the institutions.
20 (d) The Department is authorized to issue reimbursement
21 grants for counties, municipalities or public building
22 commissions for the purpose of meeting minimum correctional
23 facilities standards set by the Department under this
24 Section. Grants may be issued only for projects that were
25 completed after July 1, 1980 and initiated prior to January
26 1, 1987.
27 (1) Grants for regional correctional facilities
28 shall not exceed 90% of the project costs or $7,000,000,
29 whichever is less.
30 (2) Grants for correctional facilities by a single
31 county, municipality or public building commission shall
32 not exceed 75% of the proposed project costs or
33 $4,000,000, whichever is less.
34 (3) As used in this subsection (d), "project" means
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1 only that part of a facility that is constructed for
2 jail, correctional or detention purposes and does not
3 include other areas of multi-purpose buildings.
4 Construction or renovation grants are authorized to be
5 issued by the Capital Development Board from capital
6 development bond funds after application by a county or
7 counties, municipality or municipalities or public building
8 commission or commissions and approval of a construction or
9 renovation grant by the Department for projects initiated
10 after January 1, 1987.
11 (e) The Department shall adopt standards for county
12 jails to hold juveniles on a temporary basis, as provided in
13 Section 5-410 Sections 5-7 and 5-10 of the Juvenile Court Act
14 of 1987. These standards shall include educational,
15 recreational, and disciplinary standards as well as access to
16 medical services, crisis intervention, mental health
17 services, suicide prevention, health care, nutritional needs,
18 and visitation rights. The Department shall also notify any
19 county applying to hold juveniles in a county jail of the
20 monitoring and program standards for juvenile detention
21 facilities under Section 5-410 paragraphs (C-1)(a) and
22 (C-1)(c) of subsection (2) of Section 5-7 and paragraphs
23 (5.1)(a) and (5.1)(c) of Section 5-10 of the Juvenile Court
24 Act of 1987.
25 (Source: P.A. 89-64, eff. 1-1-96; 89-477, eff. 6-18-96;
26 89-656, eff. 8-14-96; 90-14, eff. 7-1-97.)
27 (730 ILCS 5/5-3-4) (from Ch. 38, par. 1005-3-4)
28 Sec. 5-3-4. Disclosure of Reports.
29 (a) Any report made pursuant to this Article or Section
30 5-705 5-22 of the Juvenile Court Act of 1987 shall be filed
31 of record with the court in a sealed envelope.
32 (b) Presentence reports shall be open for inspection
33 only as follows:
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1 (1) to the sentencing court;
2 (2) to the state's attorney and the defendant's
3 attorney at least 3 days prior to the imposition of
4 sentence, unless such 3 day requirement is waived;
5 (3) to an appellate court in which the conviction
6 or sentence is subject to review;
7 (4) to any department, agency or institution to
8 which the defendant is committed;
9 (5) to any probation department of whom courtesy
10 probation is requested;
11 (6) to any probation department assigned by a court
12 of lawful jurisdiction to conduct a presentence report;
13 (7) to any other person only as ordered by the
14 court.
15 (c) Presentence reports shall be filed of record with
16 the court within 30 days of a verdict or finding of guilty
17 for any offense involving an illegal sexual act perpetrated
18 upon a victim, including but not limited to offenses for
19 violations of Article 12 of the Criminal Code of 1961.
20 (d) A complaint, information or indictment shall not be
21 quashed or dismissed nor shall any person in custody for an
22 offense be discharged from custody because of noncompliance
23 with subsection (c) of this Section.
24 (Source: P.A. 86-391; 87-900.)
25 Section 2001-45. The Probation and Probation Officers
26 Act is amended by changing Section 15.1 as follows:
27 (730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1)
28 Sec. 15.1. Probation and Court Services Fund.
29 (a) The county treasurer in each county shall establish
30 a probation and court services fund consisting of fees
31 collected pursuant to subsection (i) of Section 5-6-3 and
32 subsection (i) of Section 5-6-3.1 of the Unified Code of
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1 Corrections, and subsection (10) of Section 5-615 5-19 and
2 subsection (5) of Section 5-715 5-24 of the Juvenile Court
3 Act of 1987. The county treasurer shall disburse monies from
4 the fund only at the direction of the chief judge of the
5 circuit court in such circuit where the county is located.
6 The county treasurer of each county shall, on or before
7 January 10 of each year, submit an annual report to the
8 Supreme Court.
9 (b) Monies in the probation and court services fund
10 shall be appropriated by the county board to be used within
11 the county or jurisdiction where collected in accordance with
12 policies and guidelines approved by the Supreme Court for the
13 costs of operating the probation and court services
14 department or departments; however, monies in the probation
15 and court services fund shall not be used for the payment of
16 salaries of probation and court services personnel.
17 (c) Monies expended from the probation and court
18 services fund shall be used to supplement, not supplant,
19 county appropriations for probation and court services.
20 (d) Interest earned on monies deposited in a probation
21 and court services fund may be used by the county for its
22 ordinary and contingent expenditures.
23 (e) The county board may appropriate moneys from the
24 probation and court services fund, upon the direction of the
25 chief judge, to support programs that are part of the
26 continuum of juvenile delinquency intervention programs which
27 are or may be developed within the county. The grants from
28 the probation and court services fund shall be for no more
29 than one year and may be used for any expenses attributable
30 to the program including administration and oversight of the
31 program by the probation department.
32 (Source: P.A. 89-198, eff. 7-21-95.)
33 Section 2001-50. The Illinois Domestic Violence Act of
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1 1986 is amended by changing Section 202 as follows:
2 (750 ILCS 60/202) (from Ch. 40, par. 2312-2)
3 Sec. 202. Commencement of action; filing fees;
4 dismissal.
5 (a) How to commence action. Actions for orders of
6 protection are commenced:
7 (1) Independently: By filing a petition for an
8 order of protection in any civil court, unless specific
9 courts are designated by local rule or order.
10 (2) In conjunction with another civil proceeding:
11 By filing a petition for an order of protection under the
12 same case number as another civil proceeding involving
13 the parties, including but not limited to: (i) any
14 proceeding under the Illinois Marriage and Dissolution of
15 Marriage Act, Illinois Parentage Act of 1984, Nonsupport
16 of Spouse and Children Act, Revised Uniform Reciprocal
17 Enforcement of Support Act or an action for nonsupport
18 brought under Article 10 of the Illinois Public Aid Code,
19 provided that a petitioner and the respondent are a party
20 to or the subject of that proceeding or (ii) a
21 guardianship proceeding under the Probate Act of 1975, or
22 a proceeding for involuntary commitment under the Mental
23 Health and Developmental Disabilities Code, or any
24 proceeding, other than a delinquency petition, under the
25 Juvenile Court Act of 1987, provided that a petitioner or
26 the respondent is a party to or the subject of such
27 proceeding.
28 (3) In conjunction with a delinquency petition or a
29 criminal prosecution: By filing a petition for an order
30 of protection, under the same case number as the
31 delinquency petition or criminal prosecution, to be
32 granted during pre-trial release of a defendant, with any
33 dispositional order issued under Section 5-710 5-23 of
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1 the Juvenile Court Act of 1987 or as a condition of
2 release, supervision, conditional discharge, probation,
3 periodic imprisonment, parole or mandatory supervised
4 release, or in conjunction with imprisonment or a bond
5 forfeiture warrant; provided that:
6 (i) the violation is alleged in an
7 information, complaint, indictment or delinquency
8 petition on file, and the alleged offender and
9 victim are family or household members or persons
10 protected by this Act; and
11 (ii) the petition, which is filed by the
12 State's Attorney, names a victim of the alleged
13 crime as a petitioner.
14 (b) Filing, certification, and service fees. No fee
15 shall be charged by the clerk for filing petitions or
16 certifying orders. No fee shall be charged by the sheriff
17 for service by the sheriff of a petition, rule, motion, or
18 order in an action commenced under this Section.
19 (c) Dismissal and consolidation. Withdrawal or
20 dismissal of any petition for an order of protection prior to
21 adjudication where the petitioner is represented by the State
22 shall operate as a dismissal without prejudice. No action
23 for an order of protection shall be dismissed because the
24 respondent is being prosecuted for a crime against the
25 petitioner. An independent action may be consolidated with
26 another civil proceeding, as provided by paragraph (2) of
27 subsection (a) of this Section. For any action commenced
28 under paragraph (2) or (3) of subsection (a) of this Section,
29 dismissal of the conjoined case (or a finding of not guilty)
30 shall not require dismissal of the action for the order of
31 protection; instead, it may be treated as an independent
32 action and, if necessary and appropriate, transferred to a
33 different court or division. Dismissal of any conjoined case
34 shall not affect the validity of any previously issued order
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1 of protection, and thereafter subsections (b)(1) and (b)(2)
2 of Section 220 shall be inapplicable to such order.
3 (d) Pro se petitions. The court shall provide, through
4 the office of the clerk of the court, simplified forms and
5 clerical assistance to help with the writing and filing of a
6 petition under this Section by any person not represented by
7 counsel. In addition, that assistance may be provided by the
8 state's attorney.
9 (Source: P.A. 87-1186; 88-306.)
10 Section 2001-55. Administrative Office of the Illinois
11 Courts; report. The Administrative Office of the Illinois
12 Courts shall study the fiscal impact of the implementation of
13 this Act which is under its authority and submit a report of
14 that study to the General Assembly within 12 months after the
15 enactment of this Act. The Administrative Office may, in
16 addition to other requests, make a request for funding of the
17 implementation of this Act.
18 ARTICLE 3001. YOUTH DRIVING
19 Section 3001-5. The Illinois Vehicle Code is amended by
20 changing Section 6-204 and adding Section 6-205.1 as follows:
21 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
22 Sec. 6-204. When Court to forward License and Reports.
23 (a) For the purpose of providing to the Secretary of
24 State the records essential to the performance of the
25 Secretary's duties under this Code to cancel, revoke or
26 suspend the driver's license and privilege to drive motor
27 vehicles of certain minors adjudicated truant minors in need
28 of supervision, addicted, or delinquent and of persons found
29 guilty of the criminal offenses or traffic violations which
30 this Code recognizes as evidence relating to unfitness to
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1 safely operate motor vehicles, the following duties are
2 imposed upon public officials:
3 1. Whenever any person is convicted of any offense
4 for which this Code makes mandatory the cancellation or
5 revocation of the driver's license or permit of such
6 person by the Secretary of State, the judge of the court
7 in which such conviction is had shall require the
8 surrender to the clerk of the court of all driver's
9 licenses or permits then held by the person so convicted,
10 and the clerk of the court shall, within 10 days
11 thereafter, forward the same, together with a report of
12 such conviction, to the Secretary.
13 2. Whenever any person is convicted of any offense
14 under this Code or similar offenses under a municipal
15 ordinance, other than regulations governing standing,
16 parking or weights of vehicles, and excepting the
17 following enumerated Sections of this Code: Sections
18 11-1406 (obstruction to driver's view or control),
19 11-1407 (improper opening of door into traffic), 11-1410
20 (coasting on downgrade), 11-1411 (following fire
21 apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101
22 (driving vehicle which is in unsafe condition or
23 improperly equipped), 12-201(a) (daytime lights on
24 motorcycles), 12-202 (clearance, identification and side
25 marker lamps), 12-204 (lamp or flag on projecting load),
26 12-205 (failure to display the safety lights required),
27 12-401 (restrictions as to tire equipment), 12-502
28 (mirrors), 12-503 (windshields must be unobstructed and
29 equipped with wipers), 12-601 (horns and warning
30 devices), 12-602 (mufflers, prevention of noise or
31 smoke), 12-603 (seat safety belts), 12-702 (certain
32 vehicles to carry flares or other warning devices),
33 12-703 (vehicles for oiling roads operated on highways),
34 12-710 (splash guards and replacements), 13-101 (safety
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1 tests), 15-101 (size, weight and load), 15-102 (width),
2 15-103 (height), 15-104 (name and address on second
3 division vehicles), 15-107 (length of vehicle), 15-109.1
4 (cover or tarpaulin), 15-111 (weights), 15-112 (weights),
5 15-301 (weights), 15-316 (weights), 15-318 (weights), and
6 also excepting the following enumerated Sections of the
7 Chicago Municipal Code: Sections 27-245 (following fire
8 apparatus), 27-254 (obstruction of traffic), 27-258
9 (driving vehicle which is in unsafe condition), 27-259
10 (coasting on downgrade), 27-264 (use of horns and signal
11 devices), 27-265 (obstruction to driver's view or driver
12 mechanism), 27-267 (dimming of headlights), 27-268
13 (unattended motor vehicle), 27-272 (illegal funeral
14 procession), 27-273 (funeral procession on boulevard),
15 27-275 (driving freighthauling vehicles on boulevard),
16 27-276 (stopping and standing of buses or taxicabs),
17 27-277 (cruising of public passenger vehicles), 27-305
18 (parallel parking), 27-306 (diagonal parking), 27-307
19 (parking not to obstruct traffic), 27-308 (stopping,
20 standing or parking regulated), 27-311 (parking
21 regulations), 27-312 (parking regulations), 27-313
22 (parking regulations), 27-314 (parking regulations),
23 27-315 (parking regulations), 27-316 (parking
24 regulations), 27-317 (parking regulations), 27-318
25 (parking regulations), 27-319 (parking regulations),
26 27-320 (parking regulations), 27-321 (parking
27 regulations), 27-322 (parking regulations), 27-324
28 (loading and unloading at an angle), 27-333 (wheel and
29 axle loads), 27-334 (load restrictions in the downtown
30 district), 27-335 (load restrictions in residential
31 areas), 27-338 (width of vehicles), 27-339 (height of
32 vehicles), 27-340 (length of vehicles), 27-352
33 (reflectors on trailers), 27-353 (mufflers), 27-354
34 (display of plates), 27-355 (display of city vehicle tax
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1 sticker), 27-357 (identification of vehicles), 27-358
2 (projecting of loads), and also excepting the following
3 enumerated paragraphs of Section 2-201 of the Rules and
4 Regulations of the Illinois State Toll Highway Authority:
5 (l) (driving unsafe vehicle on tollway), (m) (vehicles
6 transporting dangerous cargo not properly indicated), it
7 shall be the duty of the clerk of the court in which such
8 conviction is had within 10 days thereafter to forward to
9 the Secretary of State a report of the conviction and the
10 court may recommend the suspension of the driver's
11 license or permit of the person so convicted.
12 The reporting requirements of this subsection shall apply
13 to all violations stated in paragraphs 1 and 2 of this
14 subsection when the individual has been adjudicated under the
15 Juvenile Court Act or the Juvenile Court Act of 1987. Such
16 reporting requirements shall also apply to individuals
17 adjudicated under the Juvenile Court Act or the Juvenile
18 Court Act of 1987 who have committed a violation of Section
19 11-501 of this Code, or similar provision of a local
20 ordinance, or Section 9-3 of the Criminal Code of 1961, as
21 amended, relating to the offense of reckless homicide. The
22 reporting requirements of this subsection shall also apply to
23 a truant minor in need of supervision, an addicted minor, or
24 a delinquent minor and whose driver's license and privilege
25 to drive a motor vehicle has been ordered suspended for such
26 times as determined by the Court, but only until he or she
27 attains 18 years of age. It shall be the duty of the clerk
28 of the court in which adjudication is had within 10 days
29 thereafter to forward to the Secretary of State a report of
30 the adjudication and the court order requiring the Secretary
31 of State to suspend the minor's driver's license and driving
32 privilege for such time as determined by the Court, but only
33 until he or she attains the age of 18 years. All juvenile
34 court dispositions reported to the Secretary of State under
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1 this provision shall be processed by the Secretary of State
2 as if the cases had been adjudicated in traffic or criminal
3 court. However, information reported relative to the offense
4 of reckless homicide, or Section 11-501 of this Code, or a
5 similar provision of a local ordinance, shall be privileged
6 and available only to the Secretary of State, courts, and
7 police officers.
8 3. Whenever an order is entered vacating the
9 forfeiture of any bail, security or bond given to secure
10 appearance for any offense under this Code or similar
11 offenses under municipal ordinance, it shall be the duty
12 of the clerk of the court in which such vacation was had
13 or the judge of such court if such court has no clerk,
14 within 10 days thereafter to forward to the Secretary of
15 State a report of the vacation.
16 4. A report of any disposition of court supervision
17 for a violation of Sections 6-303, 11-401, 11-501 or a
18 similar provision of a local ordinance, 11-503 and 11-504
19 shall be forwarded to the Secretary of State.
20 5. Reports of conviction and sentencing hearing
21 under the Juvenile Court Act of 1987 in a computer
22 processible medium shall be forwarded to the Secretary of
23 State via the Supreme Court in the form and format
24 required by the Illinois Supreme Court and established by
25 a written agreement between the Supreme Court and the
26 Secretary of State. In counties with a population over
27 300,000, instead of forwarding reports to the Supreme
28 Court, reports of conviction and sentencing hearing under
29 the Juvenile Court Act of 1987 in a computer processible
30 medium may be forwarded to the Secretary of State by the
31 Circuit Court Clerk in a form and format required by the
32 Secretary of State and established by written agreement
33 between the Circuit Court Clerk and the Secretary of
34 State. Failure to forward the reports of conviction or
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1 sentencing hearing under the Juvenile Court Act of 1987
2 as required by this Section shall be deemed an omission
3 of duty and it shall be the duty of the several State's
4 Attorneys to enforce the requirements of this Section.
5 (b) Whenever a restricted driving permit is forwarded to
6 a court, as a result of confiscation by a police officer
7 pursuant to the authority in Section 6-113(f), it shall be
8 the duty of the clerk, or judge, if the court has no clerk,
9 to forward such restricted driving permit and a facsimile of
10 the officer's citation to the Secretary of State as
11 expeditiously as practicable.
12 (c) For the purposes of this Code, a forfeiture of bail
13 or collateral deposited to secure a defendant's appearance in
14 court when forfeiture has not been vacated, or the failure of
15 a defendant to appear for trial after depositing his driver's
16 license in lieu of other bail, shall be equivalent to a
17 conviction.
18 (d) For the purpose of providing the Secretary of State
19 with records necessary to properly monitor and assess driver
20 performance and assist the courts in the proper disposition
21 of repeat traffic law offenders, the clerk of the court shall
22 forward to the Secretary of State, on a form prescribed by
23 the Secretary, records of driver's participation in a driver
24 remedial or rehabilitative program which was required,
25 through a court order or court supervision, in relation to
26 the driver's arrest for a violation of Section 11-501 of this
27 Code or a similar provision of a local ordinance. Such
28 reports shall be sent within 10 days after the driver's
29 referral to such driver remedial or rehabilitative program.
30 Such reports, including those required to be forwarded under
31 subsection 4 of paragraph (a), shall be recorded to the
32 driver's file, but shall not be released to any outside
33 source, except the affected driver, and shall be used only to
34 assist in assessing driver performance and for the purpose of
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1 informing the courts that such driver has been previously
2 assigned court supervision or referred to a driver's remedial
3 or rehabilitative program.
4 (Source: P.A. 88-415.)
5 (625 ILCS 5/6-205.1 new)
6 Sec. 6-205.1. Suspension of driver's licenses of certain
7 minors. Whenever a person is adjudicated under the Juvenile
8 Court Act of 1987 as a truant minor in need of supervision,
9 an addicted minor, or a delinquent minor and the court orders
10 that the minor's driver's license or privilege to drive a
11 motor vehicle be suspended for such time as determined by the
12 Court but only until the minor attains 18 years of age, the
13 Secretary of State shall suspend the driving privileges of
14 that person as order by the Court.
15 Section 3001-10. The Juvenile Court Act of 1987 is
16 amended by changing Sections 3-24, 3-33, and 4-21 as follows:
17 (705 ILCS 405/3-24) (from Ch. 37, par. 803-24)
18 Sec. 3-24. Kinds of dispositional orders.
19 (1) The following kinds of orders of disposition may be
20 made in respect to wards of the court: A minor found to be
21 requiring authoritative intervention under Section 3-3 may be
22 (a) committed to the Department of Children and Family
23 Services, subject to Section 5 of the Children and Family
24 Services Act; (b) placed under supervision and released to
25 his or her parents, guardian or legal custodian; (c) placed
26 in accordance with Section 3-28 with or without also being
27 placed under supervision. Conditions of supervision may be
28 modified or terminated by the court if it deems that the best
29 interests of the minor and the public will be served thereby;
30 or (d) ordered partially or completely emancipated in
31 accordance with the provisions of the Emancipation of Mature
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1 Minors Act; or (e) subject to having his or her driver's
2 license or driving privilege suspended for such time as
3 determined by the Court but only until he or she attains 18
4 years of age.
5 (2) Any order of disposition may provide for protective
6 supervision under Section 3-25 and may include an order of
7 protection under Section 3-26.
8 (3) Unless the order of disposition expressly so
9 provides, it does not operate to close proceedings on the
10 pending petition, but is subject to modification until final
11 closing and discharge of the proceedings under Section 3-32.
12 (4) In addition to any other order of disposition, the
13 court may order any person found to be a minor requiring
14 authoritative intervention under Section 3-3 to make
15 restitution, in monetary or non-monetary form, under the
16 terms and conditions of Section 5-5-6 of the Unified Code of
17 Corrections, except that the "presentence hearing" referred
18 to therein shall be the dispositional hearing for purposes of
19 this Section. The parent, guardian or legal custodian of
20 the minor may pay some or all of such restitution on the
21 minor's behalf.
22 (5) Any order for disposition where the minor is
23 committed or placed in accordance with Section 3-28 shall
24 provide for the parents or guardian of the estate of such
25 minor to pay to the legal custodian or guardian of the person
26 of the minor such sums as are determined by the custodian or
27 guardian of the person of the minor as necessary for the
28 minor's needs. Such payments may not exceed the maximum
29 amounts provided for by Section 9.1 of the Children and
30 Family Services Act.
31 (6) Whenever the order of disposition requires the minor
32 to attend school or participate in a program of training, the
33 truant officer or designated school official shall regularly
34 report to the court if the minor is a chronic or habitual
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1 truant under Section 26-2a of the School Code.
2 (Source: P.A. 89-235, eff. 8-4-95.)
3 (705 ILCS 405/3-33) (from Ch. 37, par. 803-33)
4 Sec. 3-33. Truant Minor in Need of Supervision.
5 (a) Definition. A minor who is reported by a regional
6 superintendent of schools, or in cities of over 500,000
7 inhabitants, by the Office of Chronic Truant Adjudication, as
8 a chronic truant shall be adjudged a truant minor in need of
9 supervision.
10 (a-1) There is a rebuttable presumption that a chronic
11 truant is a truant minor in need of supervision.
12 (a-2) There is a rebuttable presumption that school
13 records of a minor's attendance at school are authentic.
14 (a-3) For purposes of this Section, "chronic truant" has
15 the meaning ascribed to it in Section 26-2a of the School
16 Code.
17 (b) Kinds of dispositional orders. A minor found to be
18 a truant minor in need of supervision may be:
19 (1) committed to the appropriate regional
20 superintendent of schools for a multi-disciplinary case
21 staffing, individualized educational plan or service plan, or
22 referral to comprehensive community-based youth services;
23 (2) required to comply with an individualized
24 educational plan or service plan as specifically provided by
25 the appropriate regional superintendent of schools;
26 (3) ordered to obtain counseling or other supportive
27 services;
28 (4) subject to a fine in an amount in excess of $5, but
29 not exceeding $100, and each day of absence without valid
30 cause as defined in Section 26-2a of The School Code is a
31 separate offense;
32 (5) required to perform some reasonable public service
33 work such as, but not limited to, the picking up of litter in
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1 public parks or along public highways or the maintenance of
2 public facilities; or
3 (6) subject to having his or her driver's license or
4 driving privilege suspended for a period of time as
5 determined by the court but only until he or she attains 18
6 years of age.
7 A dispositional order may include a fine, public service,
8 or suspension of a driver's license or privilege only if the
9 court has made an express written finding that a truancy
10 prevention program has been offered by the school, regional
11 superintendent of schools, or a community social service
12 agency to the truant minor in need of supervision.
13 (c) Orders entered under this Section may be enforced by
14 contempt proceedings.
15 (Source: P.A. 90-143, eff. 7-23-97; 90-380, eff. 8-14-97;
16 revised 10-23-97.)
17 (705 ILCS 405/4-21) (from Ch. 37, par. 804-21)
18 Sec. 4-21. Kinds of dispositional orders.
19 (1) A minor found to be addicted under Section 4-3 may
20 be (a) committed to the Department of Children and Family
21 Services, subject to Section 5 of the Children and Family
22 Services Act; (b) placed under supervision and released to
23 his or her parents, guardian or legal custodian; (c) placed
24 in accordance with Section 4-25 with or without also being
25 placed under supervision. Conditions of supervision may be
26 modified or terminated by the court if it deems that the best
27 interests of the minor and the public will be served thereby;
28 (d) required to attend an approved alcohol or drug abuse
29 treatment or counseling program on an inpatient or outpatient
30 basis instead of or in addition to the disposition otherwise
31 provided for in this paragraph; or (e) ordered partially or
32 completely emancipated in accordance with the provisions of
33 the Emancipation of Mature Minors Act; or (f) subject to
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1 having his or her driver's license or driving privilege
2 suspended for such time as determined by the Court but only
3 until he or she attains 18 years of age. No disposition
4 under this subsection shall provide for the minor's placement
5 in a secure facility.
6 (2) Any order of disposition may provide for protective
7 supervision under Section 4-22 and may include an order of
8 protection under Section 4-23.
9 (3) Unless the order of disposition expressly so
10 provides, it does not operate to close proceedings on the
11 pending petition, but is subject to modification until final
12 closing and discharge of the proceedings under Section 4-29.
13 (4) In addition to any other order of disposition, the
14 court may order any minor found to be addicted under this
15 Article as neglected with respect to his or her own injurious
16 behavior, to make restitution, in monetary or non-monetary
17 form, under the terms and conditions of Section 5-5-6 of the
18 Unified Code of Corrections, except that the "presentence
19 hearing" referred to therein shall be the dispositional
20 hearing for purposes of this Section. The parent, guardian
21 or legal custodian of the minor may pay some or all of such
22 restitution on the minor's behalf.
23 (5) Any order for disposition where the minor is placed
24 in accordance with Section 4-25 shall provide for the parents
25 or guardian of the estate of such minor to pay to the legal
26 custodian or guardian of the person of the minor such sums as
27 are determined by the custodian or guardian of the person of
28 the minor as necessary for the minor's needs. Such payments
29 may not exceed the maximum amounts provided for by Section
30 9.1 of the Children and Family Services Act.
31 (6) Whenever the order of disposition requires the minor
32 to attend school or participate in a program of training, the
33 truant officer or designated school official shall regularly
34 report to the court if the minor is a chronic or habitual
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1 truant under Section 26-2a of the School Code.
2 (Source: P.A. 89-202, eff. 7-21-95; 89-235, eff. 8-4-95;
3 89-626, eff. 8-9-96.)
4 ARTICLE 4001. SEVERABILITY AND EFFECTIVE DATE
5 Section 4001-95. No acceleration or delay. Where this
6 Act makes changes in a statute that is represented in this
7 Act by text that is not yet or no longer in effect (for
8 example, a Section represented by multiple versions), the use
9 of that text does not accelerate or delay the taking effect
10 of (i) the changes made by this Act or (ii) provisions
11 derived from any other Public Act.
12 Section 4001-96. Severability. The provisions of this
13 Act are severable under Section 1.31 of the Statute on
14 Statutes.
15 Section 4001-99. Effective date. This Act takes effect
16 January 1, 1999, except that Article 1001 shall take effect
17 January 1, 2000.