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90_SB0363enr
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.
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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
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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
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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
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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
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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
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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
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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
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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
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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 obtaining access to various data repositories available
16 through LEADS, to facilitate the location of individuals for
17 establishing paternity, and establishing, modifying, and
18 enforcing child support obligations, pursuant to the Public
19 Aid Code and Title IV, Section D of the Social Security Act.
20 The Department shall enter into an agreement with the
21 Illinois Department of Public Aid consistent with these
22 purposes.
23 (B) The Department of State Police may establish and
24 maintain, within the Department of State Police, a Statewide
25 Organized Criminal Gang Database (SWORD) for the purpose of
26 tracking organized criminal gangs and their memberships.
27 Information in the database may include, but not be limited
28 to, the name, last known address, birth date, physical
29 descriptions (such as scars, marks, or tattoos), officer
30 safety information, organized gang affiliation, and entering
31 agency identifier. The Department may develop, in
32 consultation with the Criminal Justice Information Authority,
33 and in a form and manner prescribed by the Department, an
34 automated data exchange system to compile, to maintain, and
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1 to make this information electronically available to
2 prosecutors and to other law enforcement agencies. The
3 information may be used by authorized agencies to combat the
4 operations of organized criminal gangs statewide.
5 (C) The Department of State Police may ascertain the
6 number of bilingual police officers and other personnel
7 needed to provide services in a language other than English
8 and may establish, under applicable personnel rules and
9 Department guidelines or through a collective bargaining
10 agreement, a bilingual pay supplement program.
11 35. The Illinois Department of Public Aid is an
12 authorized entity under this Section for the purpose of
13 obtaining access to various data repositories available
14 through LEADS, to facilitate the location of individuals for
15 establishing paternity, and establishing, modifying, and
16 enforcing child support obligations, pursuant to the Public
17 Aid Code and Title IV, Section D of the Social Security Act.
18 The Department shall enter into an agreement with the
19 Illinois Department of Public Aid consistent with these
20 purposes.
21 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
22 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 9-29-97.)
23 Section 1001-15. The Criminal Identification Act is
24 amended by changing Sections 2.1 and 5 as follows:
25 (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
26 Sec. 2.1. For the purpose of maintaining complete and
27 accurate criminal records of the Department of State Police,
28 it is necessary for all policing bodies of this State, the
29 clerk of the circuit court, the Illinois Department of
30 Corrections, the sheriff of each county, and State's Attorney
31 of each county to submit certain criminal arrest, charge, and
32 disposition information to the Department for filing at the
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1 earliest time possible. Unless otherwise noted herein, it
2 shall be the duty of all policing bodies of this State, the
3 clerk of the circuit court, the Illinois Department of
4 Corrections, the sheriff of each county, and the State's
5 Attorney of each county to report such information as
6 provided in this Section, both in the form and manner
7 required by the Department and within 30 days of the criminal
8 history event. Specifically:
9 (a) Arrest Information. All agencies making arrests for
10 offenses which are required by statute to be collected,
11 maintained or disseminated by the Department of State Police
12 shall be responsible for furnishing daily to the Department
13 fingerprints, charges and descriptions of all persons who are
14 arrested for such offenses. All such agencies shall also
15 notify the Department of all decisions by the arresting
16 agency not to refer such arrests for prosecution. With
17 approval of the Department, an agency making such arrests may
18 enter into arrangements with other agencies for the purpose
19 of furnishing daily such fingerprints, charges and
20 descriptions to the Department upon its behalf.
21 (b) Charge Information. The State's Attorney of each
22 county shall notify the Department of all charges filed and
23 all petitions filed alleging that a minor is delinquent,
24 including all those added subsequent to the filing of a case,
25 and whether charges were not filed in cases for which the
26 Department has received information required to be reported
27 pursuant to paragraph (a) of this Section. With approval of
28 the Department, the State's Attorney may enter into
29 arrangements with other agencies for the purpose of
30 furnishing the information required by this subsection (b) to
31 the Department upon the State's Attorney's behalf.
32 (c) Disposition Information. The clerk of the circuit
33 court of each county shall furnish the Department, in the
34 form and manner required by the Supreme Court, with all final
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1 dispositions of cases for which the Department has received
2 information required to be reported pursuant to paragraph
3 paragraphs (a) or (d) of this Section. Such information shall
4 include, for each charge, all (1) judgments of not guilty,
5 judgments of guilty including the sentence pronounced by the
6 court, findings that a minor is delinquent and any sentence
7 made based on those findings, discharges and dismissals in
8 the court; (2) reviewing court orders filed with the clerk of
9 the circuit court which reverse or remand a reported
10 conviction or findings that a minor is delinquent or that
11 vacate or modify a sentence or sentence made following a
12 trial that a minor is delinquent; (3) continuances to a date
13 certain in furtherance of an order of supervision granted
14 under Section 5-6-1 of the Unified Code of Corrections or an
15 order of probation granted under Section 10 of the Cannabis
16 Control Act, Section 410 of the Illinois Controlled
17 Substances Act, Section 12-4.3 of the Criminal Code of 1961,
18 Section 10-102 of the Illinois Alcoholism and Other Drug
19 Dependency Act, Section 40-10 of the Alcoholism and Other
20 Drug Abuse and Dependency Act, or Section 10 of the Steroid
21 Control Act, or Section 5-615 of the Juvenile Court Act of
22 1987; and (4) judgments or court orders terminating or
23 revoking a sentence to or juvenile disposition of probation,
24 supervision or conditional discharge and any resentencing or
25 new court orders entered by a juvenile court relating to the
26 disposition of a minor's case involving delinquency after
27 such revocation.
28 (d) Fingerprints After Sentencing.
29 (1) After the court pronounces sentence, sentences a
30 minor following a trial in which a minor was found to be
31 delinquent or issues an order of supervision or an order
32 of probation granted under Section 10 of the Cannabis
33 Control Act, Section 410 of the Illinois Controlled
34 Substances Act, Section 12-4.3 of the Criminal Code of
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1 1961, Section 10-102 of the Illinois Alcoholism and Other
2 Drug Dependency Act, Section 40-10 of the Alcoholism and
3 Other Drug Abuse and Dependency Act, or Section 10 of the
4 Steroid Control Act, or Section 5-615 of the Juvenile
5 Court Act of 1987 for any offense which is required by
6 statute to be collected, maintained, or disseminated by
7 the Department of State Police, the State's Attorney of
8 each county shall ask the court to order a law
9 enforcement agency to fingerprint immediately all persons
10 appearing before the court who have not previously been
11 fingerprinted for the same case. The court shall so order
12 the requested fingerprinting, if it determines that any
13 such person has not previously been fingerprinted for the
14 same case. The law enforcement agency shall submit such
15 fingerprints to the Department daily.
16 (2) After the court pronounces sentence or makes a
17 disposition of a case following a finding of delinquency
18 for any offense which is not required by statute to be
19 collected, maintained, or disseminated by the Department
20 of State Police, the prosecuting attorney may ask the
21 court to order a law enforcement agency to fingerprint
22 immediately all persons appearing before the court who
23 have not previously been fingerprinted for the same case.
24 The court may so order the requested fingerprinting, if
25 it determines that any so sentenced person has not
26 previously been fingerprinted for the same case. The law
27 enforcement agency may retain such fingerprints in its
28 files.
29 (e) Corrections Information. The Illinois Department of
30 Corrections and the sheriff of each county shall furnish the
31 Department with all information concerning the receipt,
32 escape, execution, death, release, pardon, parole,
33 commutation of sentence, granting of executive clemency or
34 discharge of an individual who has been sentenced or
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1 committed to the agency's custody for any offenses which are
2 mandated by statute to be collected, maintained or
3 disseminated by the Department of State Police. For an
4 individual who has been charged with any such offense and who
5 escapes from custody or dies while in custody, all
6 information concerning the receipt and escape or death,
7 whichever is appropriate, shall also be so furnished to the
8 Department.
9 (Source: P.A. 88-538; 88-670, eff. 12-2-94.)
10 (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
11 Sec. 5. Arrest reports; expungement.
12 (a) All policing bodies of this State shall furnish to
13 the Department, daily, in the form and detail the Department
14 requires, fingerprints and descriptions of all persons who
15 are arrested on charges of violating any penal statute of
16 this State for offenses that are classified as felonies and
17 Class A or B misdemeanors and of all minors of the age of 10
18 and over who have been arrested for an offense which would be
19 a felony if committed by an adult, and may forward such
20 fingerprints and descriptions for minors arrested for Class A
21 or B misdemeanors. or taken into custody before their 17th
22 birthday for an offense that if committed by an adult would
23 constitute the offense of unlawful use of weapons under
24 Article 24 of the Criminal Code of 1961, a forcible felony as
25 defined in Section 2-8 of the Criminal Code of 1961, or a
26 Class 2 or greater felony under the Cannabis Control Act, the
27 Illinois Controlled Substances Act, or Chapter 4 of the
28 Illinois Vehicle Code. Moving or nonmoving traffic
29 violations under the Illinois Vehicle Code shall not be
30 reported except for violations of Chapter 4, Section
31 11-204.1, or Section 11-501 of that Code. In addition,
32 conservation offenses, as defined in the Supreme Court Rule
33 501(c), that are classified as Class B misdemeanors shall not
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1 be reported.
2 Whenever an adult or minor prosecuted as an adult, not
3 having previously been convicted of any criminal offense or
4 municipal ordinance violation, charged with a violation of a
5 municipal ordinance or a felony or misdemeanor, is acquitted
6 or released without being convicted, whether the acquittal or
7 release occurred before, on, or after the effective date of
8 this amendatory Act of 1991, the Chief Judge of the circuit
9 wherein the charge was brought, any judge of that circuit
10 designated by the Chief Judge, or in counties of less than
11 3,000,000 inhabitants, the presiding trial judge at the
12 defendant's trial may upon verified petition of the defendant
13 order the record of arrest expunged from the official records
14 of the arresting authority and the Department and order that
15 the records of the clerk of the circuit court be sealed until
16 further order of the court upon good cause shown and the name
17 of the defendant obliterated on the official index required
18 to be kept by the circuit court clerk under Section 16 of the
19 Clerks of Courts Act, but the order shall not affect any
20 index issued by the circuit court clerk before the entry of
21 the order. The Department may charge the petitioner a fee
22 equivalent to the cost of processing any order to expunge or
23 seal the records, and the fee shall be deposited into the
24 State Police Services Fund. The records of those arrests,
25 however, that result in a disposition of supervision for any
26 offense shall not be expunged from the records of the
27 arresting authority or the Department nor impounded by the
28 court until 2 years after discharge and dismissal of
29 supervision. Those records that result from a supervision
30 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
31 11-503 of the Illinois Vehicle Code or a similar provision of
32 a local ordinance, or for a violation of Section 12-3.2,
33 12-15 or 16A-3 of the Criminal Code of 1961, or probation
34 under Section 10 of the Cannabis Control Act, Section 410 of
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1 the Illinois Controlled Substances Act, Section 12-4.3 b(1)
2 and (2) of the Criminal Code of 1961, Section 10-102 of the
3 Illinois Alcoholism and Other Drug Dependency Act when the
4 judgment of conviction has been vacated, Section 40-10 of the
5 Alcoholism and Other Drug Abuse and Dependency Act when the
6 judgment of conviction has been vacated, or Section 10 of the
7 Steroid Control Act shall not be expunged from the records of
8 the arresting authority nor impounded by the court until 5
9 years after termination of probation or supervision. Those
10 records that result from a supervision for a violation of
11 Section 11-501 of the Illinois Vehicle Code or a similar
12 provision of a local ordinance, shall not be expunged. All
13 records set out above may be ordered by the court to be
14 expunged from the records of the arresting authority and
15 impounded by the court after 5 years, but shall not be
16 expunged by the Department, but shall, on court order be
17 sealed by the Department and may be disseminated by the
18 Department only as required by law or to the arresting
19 authority, the State's Attorney, and the court upon a later
20 arrest for the same or a similar offense or for the purpose
21 of sentencing for any subsequent felony. Upon conviction for
22 any offense, the Department of Corrections shall have access
23 to all sealed records of the Department pertaining to that
24 individual.
25 (a-5) Those records maintained by the Department for
26 persons arrested prior to their 17th birthday shall be
27 expunged as provided in Section 5-915 of the Juvenile Court
28 Act of 1987.
29 (b) Whenever a person has been convicted of a crime or
30 of the violation of a municipal ordinance, in the name of a
31 person whose identity he has stolen or otherwise come into
32 possession of, the aggrieved person from whom the identity
33 was stolen or otherwise obtained without authorization, upon
34 learning of the person having been arrested using his
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1 identity, may, upon verified petition to the chief judge of
2 the circuit wherein the arrest was made, have a court order
3 entered nunc pro tunc by the chief judge to correct the
4 arrest record, conviction record, if any, and all official
5 records of the arresting authority, the Department, other
6 criminal justice agencies, the prosecutor, and the trial
7 court concerning such arrest, if any, by removing his name
8 from all such records in connection with the arrest and
9 conviction, if any, and by inserting in the records the name
10 of the offender, if known or ascertainable, in lieu of the
11 has name. The records of the clerk of the circuit court
12 clerk shall be sealed until further order of the court upon
13 good cause shown and the name of the aggrieved person
14 obliterated on the official index required to be kept by the
15 circuit court clerk under Section 16 of the Clerks of Courts
16 Act, but the order shall not affect any index issued by the
17 circuit court clerk before the entry of the order. Nothing in
18 this Section shall limit the Department of State Police or
19 other criminal justice agencies or prosecutors from listing
20 under an offender's name the false names he or she has used.
21 For purposes of this Section, convictions for moving and
22 nonmoving traffic violations other than convictions for
23 violations of Chapter 4, Section 11-204.1 or Section 11-501
24 of the Illinois Vehicle Code shall not be a bar to expunging
25 the record of arrest and court records for violation of a
26 misdemeanor or municipal ordinance.
27 (c) Whenever a person who has been convicted of an
28 offense is granted a pardon by the Governor which
29 specifically authorizes expungement, he may, upon verified
30 petition to the chief judge of the circuit where the person
31 had been convicted, any judge of the circuit designated by
32 the Chief Judge, or in counties of less than 3,000,000
33 inhabitants, the presiding trial judge at the defendant's
34 trial, may have a court order entered expunging the record of
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1 arrest from the official records of the arresting authority
2 and order that the records of the clerk of the circuit court
3 and the Department be sealed until further order of the court
4 upon good cause shown or as otherwise provided herein, and
5 the name of the defendant obliterated from the official index
6 requested to be kept by the circuit court clerk under Section
7 16 of the Clerks of Courts Act in connection with the arrest
8 and conviction for the offense for which he had been pardoned
9 but the order shall not affect any index issued by the
10 circuit court clerk before the entry of the order. All
11 records sealed by the Department may be disseminated by the
12 Department only as required by law or to the arresting
13 authority, the States Attorney, and the court upon a later
14 arrest for the same or similar offense or for the purpose of
15 sentencing for any subsequent felony. Upon conviction for
16 any subsequent offense, the Department of Corrections shall
17 have access to all sealed records of the Department
18 pertaining to that individual. Upon entry of the order of
19 expungement, the clerk of the circuit court shall promptly
20 mail a copy of the order to the person who was pardoned.
21 (d) Notice of the petition for subsections (a), (b), and
22 (c) shall be served upon the State's Attorney or prosecutor
23 charged with the duty of prosecuting the offense, the
24 Department of State Police, the arresting agency and the
25 chief legal officer of the unit of local government affecting
26 the arrest. Unless the State's Attorney or prosecutor, the
27 Department of State Police, the arresting agency or such
28 chief legal officer objects to the petition within 30 days
29 from the date of the notice, the court shall enter an order
30 granting or denying the petition. The clerk of the court
31 shall promptly mail a copy of the order to the person, the
32 arresting agency, the prosecutor, the Department of State
33 Police and such other criminal justice agencies as may be
34 ordered by the judge.
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1 (e) Nothing herein shall prevent the Department of State
2 Police from maintaining all records of any person who is
3 admitted to probation upon terms and conditions and who
4 fulfills those terms and conditions pursuant to Section 10 of
5 the Cannabis Control Act, Section 410 of the Illinois
6 Controlled Substances Act, Section 12-4.3 of the Criminal
7 Code of 1961, Section 10-102 of the Illinois Alcoholism and
8 Other Drug Dependency Act, Section 40-10 of the Alcoholism
9 and Other Drug Abuse and Dependency Act, or Section 10 of the
10 Steroid Control Act.
11 (f) No court order issued pursuant to the expungement
12 provisions of this Section shall become final for purposes of
13 appeal until 30 days after notice is received by the
14 Department. Any court order contrary to the provisions of
15 this Section is void.
16 (g) The court shall not order the sealing or expungement
17 of the arrest records and records of the circuit court clerk
18 of any person granted supervision for or convicted of any
19 sexual offense committed against a minor under 18 years of
20 age. For the purposes of this Section, "sexual offense
21 committed against a minor" includes but is not limited to the
22 offenses of indecent solicitation of a child or criminal
23 sexual abuse when the victim of such offense is under 18
24 years of age.
25 (Source: P.A. 88-45; 88-77; 88-670, eff. 12-2-94; 88-679,
26 eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.)
27 Section 1001-16. The School Code is amended by changing
28 Section 34-2.1 as follows:
29 (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
30 Sec. 34-2.1. Local School Councils - Composition -
31 Voter-Eligibility - Elections - Terms.
32 (a) A local school council shall be established for each
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1 attendance center within the school district. Each local
2 school council shall consist of the following 11 voting
3 members: the principal of the attendance center, 2 teachers
4 employed and assigned to perform the majority of their
5 employment duties at the attendance center, 6 parents of
6 students currently enrolled at the attendance center and 2
7 community residents. Neither the parents nor the community
8 residents who serve as members of the local school council
9 shall be employees of the Board of Education. In each
10 secondary attendance center, the local school council shall
11 consist of 12 voting members -- the 11 voting members
12 described above and one full-time student member, appointed
13 as provided in subsection (m) below. In the event that the
14 chief executive officer of the Chicago School Reform Board of
15 Trustees determines that a local school council is not
16 carrying out its financial duties effectively, the chief
17 executive officer is authorized to appoint a representative
18 of the business community with experience in finance and
19 management to serve as an advisor to the local school
20 council for the purpose of providing advice and assistance to
21 the local school council on fiscal matters. The advisor
22 shall have access to relevant financial records of the local
23 school council. The advisor may attend executive sessions.
24 The chief executive officer shall issue a written policy
25 defining the circumstances under which a local school council
26 is not carrying out its financial duties effectively.
27 (b) Within 7 days of January 11, 1991, the Mayor shall
28 appoint the members and officers (a Chairperson who shall be
29 a parent member and a Secretary) of each local school council
30 who shall hold their offices until their successors shall be
31 elected and qualified. Members so appointed shall have all
32 the powers and duties of local school councils as set forth
33 in this amendatory Act of 1991. The Mayor's appointments
34 shall not require approval by the City Council.
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1 The membership of each local school council shall be
2 encouraged to be reflective of the racial and ethnic
3 composition of the student population of the attendance
4 center served by the local school council.
5 (c) Beginning with the 1995-1996 school year and in
6 every even-numbered year thereafter, the Board shall set
7 second semester Parent Report Card Pick-up Day for Local
8 School Council elections and may schedule elections at
9 year-round schools for the same dates as the remainder of the
10 school system. Elections shall be conducted as provided
11 herein by the Board of Education in consultation with the
12 local school council at each attendance center.
13 (d) Beginning with the 1995-96 school year, the
14 following procedures shall apply to the election of local
15 school council members at each attendance center:
16 (i) The elected members of each local school
17 council shall consist of the 6 parent members and the 2
18 community resident members.
19 (ii) Each elected member shall be elected by the
20 eligible voters of that attendance center to serve for a
21 two-year term commencing on July 1 immediately following
22 the election described in subsection (c). Eligible
23 voters for each attendance center shall consist of the
24 parents and community residents for that attendance
25 center.
26 (iii) Each eligible voter shall be entitled to cast
27 one vote for up to a total of 5 candidates, irrespective
28 of whether such candidates are parent or community
29 resident candidates.
30 (iv) Each parent voter shall be entitled to vote in
31 the local school council election at each attendance
32 center in which he or she has a child currently enrolled.
33 Each community resident voter shall be entitled to vote
34 in the local school council election at each attendance
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1 center for which he or she resides in the applicable
2 attendance area or voting district, as the case may be.
3 (v) Each eligible voter shall be entitled to vote
4 once, but not more than once, in the local school council
5 election at each attendance center at which the voter is
6 eligible to vote.
7 (vi) The 2 teacher members of each local school
8 council shall be appointed as provided in subsection (l)
9 below each to serve for a two-year term coinciding with
10 that of the elected parent and community resident
11 members.
12 (vii) At secondary attendance centers, the voting
13 student member shall be appointed as provided in
14 subsection (m) below to serve for a one-year term
15 coinciding with the beginning of the terms of the elected
16 parent and community members of the local school council.
17 (e) The Council shall publicize the date and place of
18 the election by posting notices at the attendance center, in
19 public places within the attendance boundaries of the
20 attendance center and by distributing notices to the pupils
21 at the attendance center, and shall utilize such other means
22 as it deems necessary to maximize the involvement of all
23 eligible voters.
24 (f) Nomination. The Council shall publicize the opening
25 of nominations by posting notices at the attendance center,
26 in public places within the attendance boundaries of the
27 attendance center and by distributing notices to the pupils
28 at the attendance center, and shall utilize such other means
29 as it deems necessary to maximize the involvement of all
30 eligible voters. Not less than 2 weeks before the election
31 date, persons eligible to run for the Council shall submit
32 their name and some evidence of eligibility to the Council.
33 The Council shall encourage nomination of candidates
34 reflecting the racial/ethnic population of the students at
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1 the attendance center. Each person nominated who runs as a
2 candidate shall disclose, in a manner determined by the
3 Board, any economic interest held by such person, by such
4 person's spouse or children, or by each business entity in
5 which such person has an ownership interest, in any contract
6 with the Board, any local school council or any public school
7 in the school district. Each person nominated who runs as a
8 candidate shall also disclose, in a manner determined by the
9 Board, if he or she ever has been convicted of any of the
10 offenses specified in subsection (c) of Section 34-18.5;
11 provided that neither this provision nor any other provision
12 of this Section shall be deemed to require the disclosure of
13 any information that is contained in any law enforcement
14 record or juvenile court record that is confidential or whose
15 accessibility or disclosure is restricted or prohibited under
16 Section 5-901 1-7 or 5-905 1-8 of the Juvenile Court Act of
17 1987. Failure to make such disclosure shall render a person
18 ineligible for election to the local school council. The
19 same disclosure shall be required of persons under
20 consideration for appointment to the Council pursuant to
21 subsections (l) and (m) of this Section.
22 (g) At least one week before the election date, the
23 Council shall publicize, in the manner provided in subsection
24 (e), the names of persons nominated for election.
25 (h) Voting shall be in person by secret ballot at the
26 attendance center between the hours of 6:00 a.m. and 7:00
27 p.m.
28 (i) Candidates receiving the highest number of votes
29 shall be declared elected by the Council. In cases of a tie,
30 the Council shall determine the winner by lot.
31 (j) The Council shall certify the results of the
32 election and shall publish the results in the minutes of the
33 Council.
34 (k) The general superintendent shall resolve any
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1 disputes concerning election procedure or results and shall
2 ensure that, except as provided in subsections (e) and (g),
3 no resources of any attendance center shall be used to
4 endorse or promote any candidate.
5 (l) Beginning with the 1995-1996 school year and in
6 every even numbered year thereafter, the Board shall appoint
7 2 teacher members to each local school council. These
8 appointments shall be made in the following manner:
9 (i) The Board shall appoint 2 teachers who are
10 employed and assigned to perform the majority of their
11 employment duties at the attendance center to serve on
12 the local school council of the attendance center for a
13 two-year term coinciding with the terms of the elected
14 parent and community members of that local school
15 council. These appointments shall be made from among
16 those teachers who are nominated in accordance with
17 subsection (f).
18 (ii) A non-binding, advisory poll to ascertain the
19 preferences of the school staff regarding appointments of
20 teachers to the local school council for that attendance
21 center shall be conducted in accordance with the
22 procedures used to elect parent and community Council
23 representatives. At such poll, each member of the school
24 staff shall be entitled to indicate his or her preference
25 for up to 2 candidates from among those who submitted
26 statements of candidacy as described above. These
27 preferences shall be advisory only and the Board shall
28 maintain absolute discretion to appoint teacher members
29 to local school councils, irrespective of the preferences
30 expressed in any such poll.
31 (m) Beginning with the 1995-1996 school year, and in
32 every year thereafter, the Board shall appoint one student
33 member to each secondary attendance center. These
34 appointments shall be made in the following manner:
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1 (i) Appointments shall be made from among those
2 students who submit statements of candidacy to the
3 principal of the attendance center, such statements to be
4 submitted commencing on the first day of the twentieth
5 week of school and continuing for 2 weeks thereafter.
6 The form and manner of such candidacy statements shall be
7 determined by the Board.
8 (ii) During the twenty-second week of school in
9 every year, the principal of each attendance center shall
10 conduct a non-binding, advisory poll to ascertain the
11 preferences of the school students regarding the
12 appointment of a student to the local school council for
13 that attendance center. At such poll, each student shall
14 be entitled to indicate his or her preference for up to
15 one candidate from among those who submitted statements
16 of candidacy as described above. The Board shall
17 promulgate rules to ensure that these non-binding,
18 advisory polls are conducted in a fair and equitable
19 manner and maximize the involvement of all school
20 students. The preferences expressed in these
21 non-binding, advisory polls shall be transmitted by the
22 principal to the Board. However, these preferences shall
23 be advisory only and the Board shall maintain absolute
24 discretion to appoint student members to local school
25 councils, irrespective of the preferences expressed in
26 any such poll.
27 (iii) For the 1995-96 school year only,
28 appointments shall be made from among those students who
29 submitted statements of candidacy to the principal of the
30 attendance center during the first 2 weeks of the school
31 year. The principal shall communicate the results of any
32 nonbinding, advisory poll to the Board. These results
33 shall be advisory only, and the Board shall maintain
34 absolute discretion to appoint student members to local
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1 school councils, irrespective of the preferences
2 expressed in any such poll.
3 (n) The Board may promulgate such other rules and
4 regulations for election procedures as may be deemed
5 necessary to ensure fair elections.
6 (o) In the event that a vacancy occurs during a member's
7 term, the Council shall appoint a person eligible to serve on
8 the Council, to fill the unexpired term created by the
9 vacancy, except that any teacher vacancy shall be filled by
10 the Board after considering the preferences of the school
11 staff as ascertained through a non-binding advisory poll of
12 school staff.
13 (p) If less than the specified number of persons is
14 elected within each candidate category, the newly elected
15 local school council shall appoint eligible persons to serve
16 as members of the Council for two-year terms.
17 (q) The Board shall promulgate rules regarding conflicts
18 of interest and disclosure of economic interests which shall
19 apply to local school council members and which shall require
20 reports or statements to be filed by Council members at
21 regular intervals with the Secretary of the Board. Failure
22 to comply with such rules or intentionally falsifying such
23 reports shall be grounds for disqualification from local
24 school council membership. A vacancy on the Council for
25 disqualification may be so declared by the Secretary of the
26 Board. Rules regarding conflicts of interest and disclosure
27 of economic interests promulgated by the Board shall apply to
28 local school council members in addition to the requirements
29 of the Illinois Governmental Ethics Act applicable to local
30 school council members.
31 (r) If a parent member of a Local School Council ceases
32 to have any child enrolled in the attendance center governed
33 by the Local School Council due to the graduation or
34 voluntary transfer of a child or children from the attendance
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1 center, the parent's membership on the Local School Council
2 and all voting rights are terminated immediately as of the
3 date of the child's graduation or voluntary transfer.
4 Further, a local school council member may be removed from
5 the Council by a majority vote of the Council as provided in
6 subsection (c) of Section 34-2.2 if the Council member has
7 missed 3 consecutive regular meetings, not including
8 committee meetings, or 5 regular meetings in a 12 month
9 period, not including committee meetings. Further, a local
10 school council member may be removed by the council by a
11 majority vote of the council as provided in subsection (c) of
12 Section 34-2.2 if the council determines that a member failed
13 to disclose a conviction of any of the offenses specified in
14 subsection (c) of Section 34-18.5 as required in subsection
15 (f) of this Section 34-2.1. A vote to remove a Council member
16 shall only be valid if the Council member has been notified
17 personally or by certified mail, mailed to the person's last
18 known address, of the Council's intent to vote on the Council
19 member's removal at least 7 days prior to the vote. The
20 Council member in question shall have the right to explain
21 his or her actions and shall be eligible to vote on the
22 question of his or her removal from the Council. The
23 provisions of this subsection shall be contained within the
24 petitions used to nominate Council candidates.
25 (Source: P.A. 89-15, eff. 5-30-95; 89-369, eff. 8-18-95;
26 89-626, eff. 8-9-96; 89-636, eff. 8-9-96; 90-378, eff.
27 8-14-97.)
28 Section 1001-20. The Illinois School Student Records Act
29 is amended by changing Sections 2, 4, 5, and 6 as follows:
30 (105 ILCS 10/2) (from Ch. 122, par. 50-2)
31 Sec. 2. As used in this Act,
32 (a) "Student" means any person enrolled or previously
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1 enrolled in a school.
2 (b) "School" means any public preschool, day care
3 center, kindergarten, nursery, elementary or secondary
4 educational institution, vocational school, special
5 educational facility or any other elementary or secondary
6 educational agency or institution and any person, agency or
7 institution which maintains school student records from more
8 than one school, but does not include a private or non-public
9 school.
10 (c) "State Board" means the State Board of Education.
11 (d) "School Student Record" means any writing or other
12 recorded information concerning a student and by which a
13 student may be individually identified, maintained by a
14 school or at its direction or by an employee of a school,
15 regardless of how or where the information is stored. The
16 following shall not be deemed school student records under
17 this Act: writings or other recorded information maintained
18 by an employee of a school or other person at the direction
19 of a school for his or her exclusive use; provided that all
20 such writings and other recorded information are destroyed
21 not later than the student's graduation or permanent
22 withdrawal from the school; and provided further that no such
23 records or recorded information may be released or disclosed
24 to any person except a person designated by the school as a
25 substitute unless they are first incorporated in a school
26 student record and made subject to all of the provisions of
27 this Act. School student records shall not include
28 information maintained by law enforcement professionals
29 working in the school.
30 (e) "Student Permanent Record" means the minimum
31 personal information necessary to a school in the education
32 of the student and contained in a school student record.
33 Such information may include the student's name, birth date,
34 address, grades and grade level, parents' names and
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1 addresses, attendance records, and such other entries as the
2 State Board may require or authorize.
3 (f) "Student Temporary Record" means all information
4 contained in a school student record but not contained in the
5 student permanent record. Such information may include
6 family background information, intelligence test scores,
7 aptitude test scores, psychological and personality test
8 results, teacher evaluations, and other information of clear
9 relevance to the education of the student, all subject to
10 regulations of the State Board. In addition, the student
11 temporary record shall include information regarding serious
12 disciplinary infractions that resulted in expulsion,
13 suspension, or the imposition of punishment or sanction. For
14 purposes of this provision, serious disciplinary infractions
15 means: infractions involving drugs, weapons, or bodily harm
16 to another.
17 (g) "Parent" means a person who is the natural parent of
18 the student or other person who has the primary
19 responsibility for the care and upbringing of the student.
20 All rights and privileges accorded to a parent under this Act
21 shall become exclusively those of the student upon his 18th
22 birthday, graduation from secondary school, marriage or entry
23 into military service, whichever occurs first. Such rights
24 and privileges may also be exercised by the student at any
25 time with respect to the student's permanent school record.
26 (Source: P.A. 79-1108.)
27 (105 ILCS 10/4) (from Ch. 122, par. 50-4)
28 Sec. 4. (a) Each school shall designate an official
29 records custodian who is responsible for the maintenance,
30 care and security of all school student records, whether or
31 not such records are in his personal custody or control.
32 (b) The official records custodian shall take all
33 reasonable measures to prevent unauthorized access to or
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1 dissemination of school student records.
2 (c) Information contained in or added to a school
3 student record shall be limited to information which is of
4 clear relevance to the education of the student.
5 (d) Information added to a student temporary record
6 after the effective date of this Act shall include the name,
7 signature and position of the person who has added such
8 information and the date of its entry into the record.
9 (e) Each school shall maintain student permanent records
10 and the information contained therein for not less than 60
11 years after the student has transferred, graduated or
12 otherwise permanently withdrawn from the school.
13 (f) Each school shall maintain student temporary records
14 and the information contained in those records for not less
15 than 10 years after the student has transferred, graduated,
16 or otherwise withdrawn from the school. However, student
17 temporary records shall not be disclosed except as provided
18 in Section 5 or by court order, notwithstanding the
19 provisions of Section 6. No school shall maintain any student
20 temporary record or the information contained therein beyond
21 its period of usefulness to the student and the school, and
22 in no case longer than 5 years after the student has
23 transferred, graduated or otherwise permanently withdrawn
24 from the school. Notwithstanding the foregoing, A school
25 may maintain indefinitely anonymous information from student
26 temporary records for authorized research, statistical
27 reporting or planning purposes, provided that no student or
28 parent can be individually identified from the information
29 maintained.
30 (g) The principal of each school or the person with like
31 responsibilities or his or her designate shall periodically
32 review each student temporary record for verification of
33 entries and elimination or correction of all inaccurate,
34 misleading, unnecessary or irrelevant information. The State
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1 Board shall issue regulations to govern the periodic review
2 of the student temporary records and length of time for
3 maintenance of entries to such records.
4 (h) Before any school student record is destroyed or
5 information deleted therefrom, the parent shall be given
6 reasonable prior notice in accordance with regulations
7 adopted by the State Board and an opportunity to copy the
8 record and information proposed to be destroyed or deleted.
9 (i) No school shall be required to separate permanent
10 and temporary school student records of a student not
11 enrolled in such school on or after the effective date of
12 this Act or to destroy any such records, or comply with the
13 provisions of paragraph (g) of this Section with respect to
14 such records, except (1) in accordance with the request of
15 the parent that any or all of such actions be taken in
16 compliance with the provisions of this Act or (2) in
17 accordance with regulations adopted by the State Board.
18 (Source: P.A. 79-1108.)
19 (105 ILCS 10/5) (from Ch. 122, par. 50-5)
20 Sec. 5. (a) A parent or any person specifically
21 designated as a representative by a parent shall have the
22 right to inspect and copy all school student permanent and
23 temporary records of that parent's child. A student shall
24 have the right to inspect and copy his or her school student
25 permanent record. No person who is prohibited by an order of
26 protection from inspecting or obtaining school records of a
27 student pursuant to the Illinois Domestic Violence Act of
28 1986, as now or hereafter amended, shall have any right of
29 access to, or inspection of, the school records of that
30 student. If a school's principal or person with like
31 responsibilities or his designee has knowledge of such order
32 of protection, the school shall prohibit access or inspection
33 of the student's school records by such person.
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1 (b) Whenever access to any person is granted pursuant
2 to paragraph (a) of this Section, at the option of either the
3 parent or the school a qualified professional, who may be a
4 psychologist, counsellor or other advisor, and who may be an
5 employee of the school or employed by the parent, may be
6 present to interpret the information contained in the student
7 temporary record. If the school requires that a professional
8 be present, the school shall secure and bear any cost of the
9 presence of the professional. If the parent so requests, the
10 school shall secure and bear any cost of the presence of a
11 professional employed by the school.
12 (c) A parent's or student's request to inspect and copy
13 records, or to allow a specifically designated representative
14 to inspect and copy records, must be granted within a
15 reasonable time, and in no case later than 15 school days
16 after the date of receipt of such request by the official
17 records custodian.
18 (d) The school may charge its reasonable costs for the
19 copying of school student records, not to exceed the amounts
20 fixed in schedules adopted by the State Board, to any person
21 permitted to copy such records, except that no parent or
22 student shall be denied a copy of school student records as
23 permitted under this Section 5 for inability to bear the cost
24 of such copying.
25 (e) Nothing contained in this Section 5 shall make
26 available to a parent or student confidential letters and
27 statements of recommendation furnished in connection with
28 applications for employment to a post-secondary educational
29 institution or the receipt of an honor or honorary
30 recognition, provided such letters and statements are not
31 used for purposes other than those for which they were
32 specifically intended, and
33 (1) were placed in a school student record prior to
34 January 1, 1975; or
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1 (2) the student has waived access thereto after being
2 advised of his right to obtain upon request the names of all
3 such persons making such confidential recommendations.
4 (f) Nothing contained in this Act shall be construed to
5 impair or limit the confidentiality of:
6 (1) Communications otherwise protected by law as
7 privileged or confidential, including but not limited to,
8 information communicated in confidence to a physician,
9 psychologist or other psychotherapist; or
10 (2) Information which is communicated by a student or
11 parent in confidence to school personnel; or
12 (3) Information which is communicated by a student,
13 parent, or guardian to a law enforcement professional working
14 in the school, except as provided by court order.
15 (Source: P.A. 86-966.)
16 (105 ILCS 10/6) (from Ch. 122, par. 50-6)
17 Sec. 6. (a) No school student records or information
18 contained therein may be released, transferred, disclosed or
19 otherwise disseminated, except as follows:
20 (1) To a parent or student or person specifically
21 designated as a representative by a parent, as provided in
22 paragraph (a) of Section 5;
23 (2) To an employee or official of the school or school
24 district or State Board with current demonstrable educational
25 or administrative interest in the student, in furtherance of
26 such interest;
27 (3) To the official records custodian of another school
28 within Illinois or an official with similar responsibilities
29 of a school outside Illinois, in which the student has
30 enrolled, or intends to enroll, upon the request of such
31 official or student;
32 (4) To any person for the purpose of research,
33 statistical reporting or planning, provided that no student
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1 or parent can be identified from the information released and
2 the person to whom the information is released signs an
3 affidavit agreeing to comply with all applicable statutes and
4 rules pertaining to school student records;
5 (5) Pursuant to a court order, provided that the parent
6 shall be given prompt written notice upon receipt of such
7 order of the terms of the order, the nature and substance of
8 the information proposed to be released in compliance with
9 such order and an opportunity to inspect and copy the school
10 student records and to challenge their contents pursuant to
11 Section 7;
12 (6) To any person as specifically required by State or
13 federal law;
14 (6.5) To juvenile authorities when necessary for the
15 discharge of their official duties who request information
16 prior to adjudication of the student and who certify in
17 writing that the information will not be disclosed to any
18 other party except as provided under law or order of court.
19 For purposes of this Section "juvenile authorities" means:
20 (i) a judge of the circuit court and members of the staff of
21 the court designated by the judge; (ii) parties to the
22 proceedings under the Juvenile Court Act of 1987 and their
23 attorneys; (iii) probation officers and court appointed
24 advocates for the juvenile authorized by the judge hearing
25 the case; (iv) any individual, public or private agency
26 having custody of the child pursuant to court order; (v) any
27 individual, public or private agency providing education,
28 medical or mental health service to the child when the
29 requested information is needed to determine the appropriate
30 service or treatment for the minor; (vi) any potential
31 placement provider when such release is authorized by the
32 court for the limited purpose of determining the
33 appropriateness of the potential placement; (vii) law
34 enforcement officers and prosecutors; (viii) adult and
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1 juvenile prisoner review boards; (ix) authorized military
2 personnel; (x) individuals authorized by court; (xi) the
3 Illinois General Assembly or any committee or commission
4 thereof;
5 (7) Subject to regulations of the State Board, in
6 connection with an emergency, to appropriate persons if the
7 knowledge of such information is necessary to protect the
8 health or safety of the student or other persons; or
9 (8) To any person, with the prior specific dated written
10 consent of the parent designating the person to whom the
11 records may be released, provided that at the time any such
12 consent is requested or obtained, the parent shall be advised
13 in writing that he has the right to inspect and copy such
14 records in accordance with Section 5, to challenge their
15 contents in accordance with Section 7 and to limit any such
16 consent to designated records or designated portions of the
17 information contained therein.
18 (b) No information may be released pursuant to
19 subparagraphs (3) or (6) of paragraph (a) of this Section 6
20 unless the parent receives prior written notice of the nature
21 and substance of the information proposed to be released, and
22 an opportunity to inspect and copy such records in accordance
23 with Section 5 and to challenge their contents in accordance
24 with Section 7. Provided, however, that such notice shall be
25 sufficient if published in a local newspaper of general
26 circulation or other publication directed generally to the
27 parents involved where the proposed release of information is
28 pursuant to subparagraph 6 of paragraph (a) in this Section 6
29 and relates to more than 25 students.
30 (c) A record of any release of information pursuant to
31 this Section must be made and kept as a part of the school
32 student record and subject to the access granted by Section
33 5. Such record of release shall be maintained for the life of
34 the school student records and shall be available only to the
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1 parent and the official records custodian. Each record of
2 release shall also include:
3 (1) The nature and substance of the information
4 released;
5 (2) The name and signature of the official records
6 custodian releasing such information;
7 (3) The name of the person requesting such information,
8 the capacity in which such a request has been made, and the
9 purpose of such request;
10 (4) The date of the release; and
11 (5) A copy of any consent to such release.
12 (d) Except for the student and his parents, no person to
13 whom information is released pursuant to this Section and no
14 person specifically designated as a representative by a
15 parent may permit any other person to have access to such
16 information without a prior consent of the parent obtained in
17 accordance with the requirements of subparagraph (8) of
18 paragraph (a) of this Section.
19 (e) Nothing contained in this Act shall prohibit the
20 publication of student directories which list student names,
21 addresses and other identifying information and similar
22 publications which comply with regulations issued by the
23 State Board.
24 (Source: P.A. 86-1028.)
25 Section 1001-25. The Illinois Public Aid Code is amended
26 by changing Section 11-9 as follows:
27 (305 ILCS 5/11-9) (from Ch. 23, par. 11-9)
28 Sec. 11-9. Protection of records - Exceptions. For the
29 protection of applicants and recipients, the Illinois
30 Department, the county departments and local governmental
31 units and their respective officers and employees are
32 prohibited, except as hereinafter provided, from disclosing
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1 the contents of any records, files, papers and
2 communications, except for purposes directly connected with
3 the administration of public aid under this Code.
4 In any judicial proceeding, except a proceeding directly
5 concerned with the administration of programs provided for in
6 this Code, such records, files, papers and communications,
7 and their contents shall be deemed privileged communications
8 and shall be disclosed only upon the order of the court,
9 where the court finds such to be necessary in the interest of
10 justice.
11 The Illinois Department shall establish and enforce
12 reasonable rules and regulations governing the custody, use
13 and preservation of the records, papers, files, and
14 communications of the Illinois Department, the county
15 departments and local governmental units receiving State or
16 Federal funds or aid. The governing body of other local
17 governmental units shall in like manner establish and enforce
18 rules and regulations governing the same matters.
19 The contents of case files pertaining to recipients under
20 Articles IV, V, VI, and VII shall be made available without
21 subpoena or formal notice to the officers of any court, to
22 all law enforcing agencies, and to such other persons or
23 agencies as from time to time may be authorized by any court.
24 In particular, the contents of those case files shall be made
25 available upon request to a law enforcement agency for the
26 purpose of determining the current address of a recipient
27 with respect to whom an arrest warrant is outstanding.
28 Information shall also be disclosed to the Illinois State
29 Scholarship Commission pursuant to an investigation or audit
30 by the Illinois State Scholarship Commission of a delinquent
31 student loan or monetary award.
32 This Section does not prevent the Illinois Department and
33 local governmental units from reporting to appropriate law
34 enforcement officials the desertion or abandonment by a
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1 parent of a child, as a result of which financial aid has
2 been necessitated under Articles IV, V, VI, or VII, or
3 reporting to appropriate law enforcement officials instances
4 in which a mother under age 18 has a child out of wedlock and
5 is an applicant for or recipient of aid under any Article of
6 this Code. The Illinois Department may provide by rule for
7 the county departments and local governmental units to
8 initiate proceedings under the Juvenile Court Act of 1987 to
9 have children declared to be neglected when they deem such
10 action necessary to protect the children from immoral
11 influences present in their home or surroundings.
12 This Section does not preclude the full exercise of the
13 powers of the Board of Public Aid Commissioners to inspect
14 records and documents, as provided for all advisory boards
15 pursuant to Section 8 of "The Civil Administrative Code of
16 Illinois", approved March 7, 1917, as amended.
17 This Section does not preclude exchanges of information
18 among the Illinois Department of Public Aid, the Department
19 of Human Services (as successor to the Department of Public
20 Aid), and the Illinois Department of Revenue for the purpose
21 of verifying sources and amounts of income and for other
22 purposes directly connected with the administration of this
23 Code and of the Illinois Income Tax Act.
24 The provisions of this Section and of Section 11-11 as
25 they apply to applicants and recipients of public aid under
26 Articles III, IV and V shall be operative only to the extent
27 that they do not conflict with any Federal law or regulation
28 governing Federal grants to this State for such programs.
29 The Illinois Department of Public Aid and the Department
30 of Human Services (as successor to the Illinois Department of
31 Public Aid) shall enter into an inter-agency agreement with
32 the Department of Children and Family Services to establish a
33 procedure by which employees of the Department of Children
34 and Family Services may have immediate access to records,
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1 files, papers, and communications (except medical, alcohol or
2 drug assessment or treatment, mental health, or any other
3 medical records) of the Illinois Department, county
4 departments, and local governmental units receiving State or
5 federal funds or aid, if the Department of Children and
6 Family Services determines the information is necessary to
7 perform its duties under the Abused and Neglected Child
8 Reporting Act, the Child Care Act of 1969, and the Children
9 and Family Services Act.
10 (Source: P.A. 89-507, eff. 7-1-97; 89-583, eff. 1-1-97;
11 90-14, eff. 7-1-97.)
12 ARTICLE 2001. JUVENILE JUSTICE REFORM
13 Section 2001-5. The Children and Family Services Act is
14 amended by changing Sections 5 and 5.15 as follows:
15 (20 ILCS 505/5) (from Ch. 23, par. 5005)
16 Sec. 5. Direct child welfare services; Department of
17 Children and Family Services. To provide direct child welfare
18 services when not available through other public or private
19 child care or program facilities.
20 (a) For purposes of this Section:
21 (1) "Children" means persons found within the State
22 who are under the age of 18 years. The term also
23 includes persons under age 19 who:
24 (A) were committed to the Department pursuant
25 to the Juvenile Court Act or the Juvenile Court Act
26 of 1987, as amended, prior to the age of 18 and who
27 continue under the jurisdiction of the court; or
28 (B) were accepted for care, service and
29 training by the Department prior to the age of 18
30 and whose best interest in the discretion of the
31 Department would be served by continuing that care,
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1 service and training because of severe emotional
2 disturbances, physical disability, social adjustment
3 or any combination thereof, or because of the need
4 to complete an educational or vocational training
5 program.
6 (2) "Homeless youth" means persons found within the
7 State who are under the age of 19, are not in a safe and
8 stable living situation and cannot be reunited with their
9 families.
10 (3) "Child welfare services" means public social
11 services which are directed toward the accomplishment of
12 the following purposes:
13 (A) protecting and promoting the health,
14 safety and welfare of children, including homeless,
15 dependent or neglected children;
16 (B) remedying, or assisting in the solution of
17 problems which may result in, the neglect, abuse,
18 exploitation or delinquency of children;
19 (C) preventing the unnecessary separation of
20 children from their families by identifying family
21 problems, assisting families in resolving their
22 problems, and preventing the breakup of the family
23 where the prevention of child removal is desirable
24 and possible when the child can be cared for at home
25 without endangering the child's health and safety;
26 (D) restoring to their families children who
27 have been removed, by the provision of services to
28 the child and the families when the child can be
29 cared for at home without endangering the child's
30 health and safety;
31 (E) placing children in suitable adoptive
32 homes, in cases where restoration to the biological
33 family is not safe, possible or appropriate;
34 (F) assuring safe and adequate care of
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1 children away from their homes, in cases where the
2 child cannot be returned home or cannot be placed
3 for adoption. At the time of placement, the
4 Department shall consider concurrent planning, as
5 described in subsection (l-1) of this Section so
6 that permanency may occur at the earliest
7 opportunity. Consideration should be given so that
8 if reunification fails or is delayed, the placement
9 made is the best available placement to provide
10 permanency for the child;
11 (G) (blank);
12 (H) (blank); and
13 (I) placing and maintaining children in
14 facilities that provide separate living quarters for
15 children under the age of 18 and for children 18
16 years of age and older, unless a child 18 years of
17 age is in the last year of high school education or
18 vocational training, in an approved individual or
19 group treatment program, or in a licensed shelter
20 facility. The Department is not required to place or
21 maintain children:
22 (i) who are in a foster home, or
23 (ii) who are persons with a developmental
24 disability, as defined in the Mental Health and
25 Developmental Disabilities Code, or
26 (iii) who are female children who are
27 pregnant, pregnant and parenting or parenting,
28 or
29 (iv) who are siblings,
30 in facilities that provide separate living quarters
31 for children 18 years of age and older and for
32 children under 18 years of age.
33 (b) Nothing in this Section shall be construed to
34 authorize the expenditure of public funds for the purpose of
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1 performing abortions.
2 (c) The Department shall establish and maintain
3 tax-supported child welfare services and extend and seek to
4 improve voluntary services throughout the State, to the end
5 that services and care shall be available on an equal basis
6 throughout the State to children requiring such services.
7 (d) The Director may authorize advance disbursements for
8 any new program initiative to any agency contracting with the
9 Department. As a prerequisite for an advance disbursement,
10 the contractor must post a surety bond in the amount of the
11 advance disbursement and have a purchase of service contract
12 approved by the Department. The Department may pay up to 2
13 months operational expenses in advance. The amount of the
14 advance disbursement shall be prorated over the life of the
15 contract or the remaining months of the fiscal year,
16 whichever is less, and the installment amount shall then be
17 deducted from future bills. Advance disbursement
18 authorizations for new initiatives shall not be made to any
19 agency after that agency has operated during 2 consecutive
20 fiscal years. The requirements of this Section concerning
21 advance disbursements shall not apply with respect to the
22 following: payments to local public agencies for child day
23 care services as authorized by Section 5a of this Act; and
24 youth service programs receiving grant funds under Section
25 17a-4.
26 (e) (Blank).
27 (f) (Blank).
28 (g) The Department shall establish rules and regulations
29 concerning its operation of programs designed to meet the
30 goals of child safety and protection, family preservation,
31 family reunification, and adoption, including but not limited
32 to:
33 (1) adoption;
34 (2) foster care;
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1 (3) family counseling;
2 (4) protective services;
3 (5) (blank);
4 (6) homemaker service;
5 (7) return of runaway children;
6 (8) (blank);
7 (9) placement under Section 5-7 of the Juvenile
8 Court Act or Section 2-27, 3-28, 4-25 or 5-740 5-29 of
9 the Juvenile Court Act of 1987 in accordance with the
10 federal Adoption Assistance and Child Welfare Act of
11 1980; and
12 (10) interstate services.
13 Rules and regulations established by the Department shall
14 include provisions for training Department staff and the
15 staff of Department grantees, through contracts with other
16 agencies or resources, in alcohol and drug abuse screening
17 techniques approved by the Department of Human Services, as a
18 successor to the Department of Alcoholism and Substance
19 Abuse, for the purpose of identifying to identify children
20 and adults who should be referred to an alcohol and drug
21 abuse treatment program for professional evaluation.
22 (h) If the Department finds that there is no appropriate
23 program or facility within or available to the Department for
24 a ward and that no licensed private facility has an adequate
25 and appropriate program or none agrees to accept the ward,
26 the Department shall create an appropriate individualized,
27 program-oriented plan for such ward. The plan may be
28 developed within the Department or through purchase of
29 services by the Department to the extent that it is within
30 its statutory authority to do.
31 (i) Service programs shall be available throughout the
32 State and shall include but not be limited to the following
33 services:
34 (1) case management;
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1 (2) homemakers;
2 (3) counseling;
3 (4) parent education;
4 (5) day care; and
5 (6) emergency assistance and advocacy.
6 In addition, the following services may be made available
7 to assess and meet the needs of children and families:
8 (1) comprehensive family-based services;
9 (2) assessments;
10 (3) respite care; and
11 (4) in-home health services.
12 The Department shall provide transportation for any of
13 the services it makes available to children or families or
14 for which it refers children or families.
15 (j) The Department may provide categories of financial
16 assistance and education assistance grants, and shall
17 establish rules and regulations concerning the assistance and
18 grants, to persons who adopt physically or mentally
19 handicapped, older and other hard-to-place children who
20 immediately prior to their adoption were legal wards of the
21 Department. The Department may also provide categories of
22 financial assistance and education assistance grants, and
23 shall establish rules and regulations for the assistance and
24 grants, to persons appointed guardian of the person under
25 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
26 4-25 or 5-740 5-29 of the Juvenile Court Act of 1987 for
27 children who were wards of the Department for 12 months
28 immediately prior to the appointment of the successor
29 guardian and for whom the Department has set a goal of
30 permanent family placement with a foster family.
31 The amount of assistance may vary, depending upon the
32 needs of the child and the adoptive parents, as set forth in
33 the annual assistance agreement. Special purpose grants are
34 allowed where the child requires special service but such
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1 costs may not exceed the amounts which similar services would
2 cost the Department if it were to provide or secure them as
3 guardian of the child.
4 Any financial assistance provided under this subsection
5 is inalienable by assignment, sale, execution, attachment,
6 garnishment, or any other remedy for recovery or collection
7 of a judgment or debt.
8 (k) The Department shall accept for care and training
9 any child who has been adjudicated neglected or abused, or
10 dependent committed to it pursuant to the Juvenile Court Act
11 or the Juvenile Court Act of 1987.
12 (l) Before July 1, 2000, the Department may provide, and
13 beginning July 1, 2000, the Department shall provide, family
14 preservation services, as determined to be appropriate and in
15 the child's best interests and when the child will be safe
16 and not be in imminent risk of harm, to any family whose
17 child has been placed in substitute care, any persons who
18 have adopted a child and require post-adoption services, or
19 any persons whose child or children are at risk of being
20 placed outside their home as documented by an "indicated"
21 report of suspected child abuse or neglect determined
22 pursuant to the Abused and Neglected Child Reporting Act.
23 Nothing in this paragraph shall be construed to create a
24 private right of action or claim on the part of any
25 individual or child welfare agency.
26 The Department shall notify the child and his family of
27 the Department's responsibility to offer and provide family
28 preservation services as identified in the service plan. The
29 child and his family shall be eligible for services as soon
30 as the report is determined to be "indicated". The
31 Department may offer services to any child or family with
32 respect to whom a report of suspected child abuse or neglect
33 has been filed, prior to concluding its investigation under
34 Section 7.12 of the Abused and Neglected Child Reporting Act.
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1 However, the child's or family's willingness to accept
2 services shall not be considered in the investigation. The
3 Department may also provide services to any child or family
4 who is the subject of any report of suspected child abuse or
5 neglect or may refer such child or family to services
6 available from other agencies in the community, even if the
7 report is determined to be unfounded, if the conditions in
8 the child's or family's home are reasonably likely to subject
9 the child or family to future reports of suspected child
10 abuse or neglect. Acceptance of such services shall be
11 voluntary.
12 The Department may, at its discretion except for those
13 children also adjudicated neglected or dependent, accept for
14 care and training any child who has been adjudicated
15 addicted, as a truant minor in need of supervision or as a
16 minor requiring authoritative intervention, under the
17 Juvenile Court Act or the Juvenile Court Act of 1987, but no
18 such child shall be committed to the Department by any court
19 without the approval of the Department. A minor charged with
20 a criminal offense under the Criminal Code of 1961 or
21 adjudicated delinquent shall not be placed in the custody of
22 or committed to the Department by any court, except a minor
23 less than 13 years of age committed to the Department under
24 Section 5-710 5-23 of the Juvenile Court Act of 1987.
25 (l-1) The legislature recognizes that the best interests
26 of the child require that the child be placed in the most
27 permanent living arrangement as soon as is practically
28 possible. To achieve this goal, the legislature directs the
29 Department of Children and Family Services to conduct
30 concurrent planning so that permanency may occur at the
31 earliest opportunity. Permanent living arrangements may
32 include prevention of placement of a child outside the home
33 of the family when the child can be cared for at home without
34 endangering the child's health or safety; reunification with
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1 the family, when safe and appropriate, if temporary placement
2 is necessary; or movement of the child toward the most
3 permanent living arrangement and permanent legal status.
4 When a child is placed in foster care, the Department
5 shall ensure and document that reasonable efforts were made
6 to prevent or eliminate the need to remove the child from the
7 child's home. The Department must make reasonable efforts to
8 reunify the family when temporary placement of the child
9 occurs or must request a finding from the court that
10 reasonable efforts are not appropriate or have been
11 unsuccessful. At any time after the dispositional hearing
12 where the Department believes that further reunification
13 services would be ineffective, it may request a finding from
14 the court that reasonable efforts are no longer appropriate.
15 The Department is not required to provide further
16 reunification services after such a finding.
17 A decision to place a child in substitute care shall be
18 made with considerations of the child's health, safety, and
19 best interests. At the time of placement, consideration
20 should also be given so that if reunification fails or is
21 delayed, the placement made is the best available placement
22 to provide permanency for the child.
23 The Department shall adopt rules addressing concurrent
24 planning for reunification and permanency. The Department
25 shall consider the following factors when determining
26 appropriateness of concurrent planning:
27 (1) the likelihood of prompt reunification;
28 (2) the past history of the family;
29 (3) the barriers to reunification being addressed
30 by the family;
31 (4) the level of cooperation of the family;
32 (5) the foster parents' willingness to work with
33 the family to reunite;
34 (6) the willingness and ability of the foster
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1 family to provide an adoptive home or long-term
2 placement;
3 (7) the age of the child;
4 (8) placement of siblings.
5 (m) The Department may assume temporary custody of any
6 child if:
7 (1) it has received a written consent to such
8 temporary custody signed by the parents of the child or
9 by the parent having custody of the child if the parents
10 are not living together or by the guardian or custodian
11 of the child if the child is not in the custody of either
12 parent, or
13 (2) the child is found in the State and neither a
14 parent, guardian nor custodian of the child can be
15 located.
16 If the child is found in his or her residence without a
17 parent, guardian, custodian or responsible caretaker, the
18 Department may, instead of removing the child and assuming
19 temporary custody, place an authorized representative of the
20 Department in that residence until such time as a parent,
21 guardian or custodian enters the home and expresses a
22 willingness and apparent ability to ensure the child's health
23 and safety and resume permanent charge of the child, or until
24 a relative enters the home and is willing and able to ensure
25 the child's health and safety and assume charge of the child
26 until a parent, guardian or custodian enters the home and
27 expresses such willingness and ability to ensure the child's
28 safety and resume permanent charge. After a caretaker has
29 remained in the home for a period not to exceed 12 hours, the
30 Department must follow those procedures outlined in Section
31 2-9, 3-11, 4-8 or 5-501 5-9 of the Juvenile Court Act of
32 1987.
33 The Department shall have the authority, responsibilities
34 and duties that a legal custodian of the child would have
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1 pursuant to subsection (9) of Section 1-3 of the Juvenile
2 Court Act of 1987. Whenever a child is taken into temporary
3 custody pursuant to an investigation under the Abused and
4 Neglected Child Reporting Act, or pursuant to a referral and
5 acceptance under the Juvenile Court Act of 1987 of a minor in
6 limited custody, the Department, during the period of
7 temporary custody and before the child is brought before a
8 judicial officer as required by Section 2-9, 3-11, 4-8 or
9 5-501 5-9 of the Juvenile Court Act of 1987, shall have the
10 authority, responsibilities and duties that a legal custodian
11 of the child would have under subsection (9) of Section 1-3
12 of the Juvenile Court Act of 1987.
13 The Department shall ensure that any child taken into
14 custody is scheduled for an appointment for a medical
15 examination.
16 A parent, guardian or custodian of a child in the
17 temporary custody of the Department who would have custody of
18 the child if he were not in the temporary custody of the
19 Department may deliver to the Department a signed request
20 that the Department surrender the temporary custody of the
21 child. The Department may retain temporary custody of the
22 child for 10 days after the receipt of the request, during
23 which period the Department may cause to be filed a petition
24 pursuant to the Juvenile Court Act of 1987. If a petition is
25 so filed, the Department shall retain temporary custody of
26 the child until the court orders otherwise. If a petition is
27 not filed within the 10 day period, the child shall be
28 surrendered to the custody of the requesting parent, guardian
29 or custodian not later than the expiration of the 10 day
30 period, at which time the authority and duties of the
31 Department with respect to the temporary custody of the child
32 shall terminate.
33 (n) The Department may place children under 18 years of
34 age in licensed child care facilities when in the opinion of
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1 the Department, appropriate services aimed at family
2 preservation have been unsuccessful and cannot ensure the
3 child's health and safety or are unavailable and such
4 placement would be for their best interest. Payment for
5 board, clothing, care, training and supervision of any child
6 placed in a licensed child care facility may be made by the
7 Department, by the parents or guardians of the estates of
8 those children, or by both the Department and the parents or
9 guardians, except that no payments shall be made by the
10 Department for any child placed in a licensed child care
11 facility for board, clothing, care, training and supervision
12 of such a child that exceed the average per capita cost of
13 maintaining and of caring for a child in institutions for
14 dependent or neglected children operated by the Department.
15 However, such restriction on payments does not apply in cases
16 where children require specialized care and treatment for
17 problems of severe emotional disturbance, physical
18 disability, social adjustment, or any combination thereof and
19 suitable facilities for the placement of such children are
20 not available at payment rates within the limitations set
21 forth in this Section. All reimbursements for services
22 delivered shall be absolutely inalienable by assignment,
23 sale, attachment, garnishment or otherwise.
24 (o) The Department shall establish an administrative
25 review and appeal process for children and families who
26 request or receive child welfare services from the
27 Department. Children who are wards of the Department and are
28 placed by private child welfare agencies, and foster families
29 with whom those children are placed, shall be afforded the
30 same procedural and appeal rights as children and families in
31 the case of placement by the Department, including the right
32 to an initial review of a private agency decision by that
33 agency. The Department shall insure that any private child
34 welfare agency, which accepts wards of the Department for
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1 placement, affords those rights to children and foster
2 families. The Department shall accept for administrative
3 review and an appeal hearing a complaint made by a child or
4 foster family concerning a decision following an initial
5 review by a private child welfare agency. An appeal of a
6 decision concerning a change in the placement of a child
7 shall be conducted in an expedited manner.
8 (p) There is hereby created the Department of Children
9 and Family Services Emergency Assistance Fund from which the
10 Department may provide special financial assistance to
11 families which are in economic crisis when such assistance is
12 not available through other public or private sources and the
13 assistance is deemed necessary to prevent dissolution of the
14 family unit or to reunite families which have been separated
15 due to child abuse and neglect. The Department shall
16 establish administrative rules specifying the criteria for
17 determining eligibility for and the amount and nature of
18 assistance to be provided. The Department may also enter
19 into written agreements with private and public social
20 service agencies to provide emergency financial services to
21 families referred by the Department. Special financial
22 assistance payments shall be available to a family no more
23 than once during each fiscal year and the total payments to a
24 family may not exceed $500 during a fiscal year.
25 (q) The Department may receive and use, in their
26 entirety, for the benefit of children any gift, donation or
27 bequest of money or other property which is received on
28 behalf of such children, or any financial benefits to which
29 such children are or may become entitled while under the
30 jurisdiction or care of the Department.
31 The Department shall set up and administer no-cost,
32 interest-bearing savings accounts in appropriate financial
33 institutions ("individual accounts") for children for whom
34 the Department is legally responsible and who have been
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1 determined eligible for Veterans' Benefits, Social Security
2 benefits, assistance allotments from the armed forces, court
3 ordered payments, parental voluntary payments, Supplemental
4 Security Income, Railroad Retirement payments, Black Lung
5 benefits, or other miscellaneous payments. Interest earned
6 by each individual account shall be credited to the account,
7 unless disbursed in accordance with this subsection.
8 In disbursing funds from children's individual accounts,
9 the Department shall:
10 (1) Establish standards in accordance with State
11 and federal laws for disbursing money from children's
12 individual accounts. In all circumstances, the
13 Department's "Guardianship Administrator" or his or her
14 designee must approve disbursements from children's
15 individual accounts. The Department shall be responsible
16 for keeping complete records of all disbursements for
17 each individual account for any purpose.
18 (2) Calculate on a monthly basis the amounts paid
19 from State funds for the child's board and care, medical
20 care not covered under Medicaid, and social services; and
21 utilize funds from the child's individual account, as
22 covered by regulation, to reimburse those costs.
23 Monthly, disbursements from all children's individual
24 accounts, up to 1/12 of $13,000,000, shall be deposited
25 by the Department into the General Revenue Fund and the
26 balance over 1/12 of $13,000,000 into the DCFS Children's
27 Services Fund.
28 (3) Maintain any balance remaining after
29 reimbursing for the child's costs of care, as specified
30 in item (2). The balance shall accumulate in accordance
31 with relevant State and federal laws and shall be
32 disbursed to the child or his or her guardian, or to the
33 issuing agency.
34 (r) The Department shall promulgate regulations
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1 encouraging all adoption agencies to voluntarily forward to
2 the Department or its agent names and addresses of all
3 persons who have applied for and have been approved for
4 adoption of a hard-to-place or handicapped child and the
5 names of such children who have not been placed for adoption.
6 A list of such names and addresses shall be maintained by the
7 Department or its agent, and coded lists which maintain the
8 confidentiality of the person seeking to adopt the child and
9 of the child shall be made available, without charge, to
10 every adoption agency in the State to assist the agencies in
11 placing such children for adoption. The Department may
12 delegate to an agent its duty to maintain and make available
13 such lists. The Department shall ensure that such agent
14 maintains the confidentiality of the person seeking to adopt
15 the child and of the child.
16 (s) The Department of Children and Family Services may
17 establish and implement a program to reimburse Department and
18 private child welfare agency foster parents licensed by the
19 Department of Children and Family Services for damages
20 sustained by the foster parents as a result of the malicious
21 or negligent acts of foster children, as well as providing
22 third party coverage for such foster parents with regard to
23 actions of foster children to other individuals. Such
24 coverage will be secondary to the foster parent liability
25 insurance policy, if applicable. The program shall be funded
26 through appropriations from the General Revenue Fund,
27 specifically designated for such purposes.
28 (t) The Department shall perform home studies and
29 investigations and shall exercise supervision over visitation
30 as ordered by a court pursuant to the Illinois Marriage and
31 Dissolution of Marriage Act or the Adoption Act only if:
32 (1) an order entered by an Illinois court
33 specifically directs the Department to perform such
34 services; and
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1 (2) the court has ordered one or both of the
2 parties to the proceeding to reimburse the Department for
3 its reasonable costs for providing such services in
4 accordance with Department rules, or has determined that
5 neither party is financially able to pay.
6 The Department shall provide written notification to the
7 court of the specific arrangements for supervised visitation
8 and projected monthly costs within 60 days of the court
9 order. The Department shall send to the court information
10 related to the costs incurred except in cases where the court
11 has determined the parties are financially unable to pay. The
12 court may order additional periodic reports as appropriate.
13 (u) Whenever the Department places a child in a licensed
14 foster home, group home, child care institution, or in a
15 relative home, the Department shall provide to the caretaker:
16 (1) available detailed information concerning the
17 child's educational and health history, copies of
18 immunization records (including insurance and medical
19 card information), a history of the child's previous
20 placements, if any, and reasons for placement changes
21 excluding any information that identifies or reveals the
22 location of any previous caretaker;
23 (2) a copy of the child's portion of the client
24 service plan, including any visitation arrangement, and
25 all amendments or revisions to it as related to the
26 child; and
27 (3) information containing details of the child's
28 individualized educational plan when the child is
29 receiving special education services.
30 The caretaker shall be informed of any known social or
31 behavioral information (including, but not limited to,
32 criminal background, fire setting, perpetuation of sexual
33 abuse, destructive behavior, and substance abuse) necessary
34 to care for and safeguard the child.
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1 (u-5) Effective July 1, 1995, only foster care
2 placements licensed as foster family homes pursuant to the
3 Child Care Act of 1969 shall be eligible to receive foster
4 care payments from the Department. Relative caregivers who,
5 as of July 1, 1995, were approved pursuant to approved
6 relative placement rules previously promulgated by the
7 Department at 89 Ill. Adm. Code 335 and had submitted an
8 application for licensure as a foster family home may
9 continue to receive foster care payments only until the
10 Department determines that they may be licensed as a foster
11 family home or that their application for licensure is denied
12 or until September 30, 1995, whichever occurs first.
13 (v) The Department shall access criminal history record
14 information as defined in the Illinois Uniform Conviction
15 Information Act and information maintained in the
16 adjudicatory and dispositional record system as defined in
17 subdivision (A)19 of Section 55a of the Civil Administrative
18 Code of Illinois if the Department determines the information
19 is necessary to perform its duties under the Abused and
20 Neglected Child Reporting Act, the Child Care Act of 1969,
21 and the Children and Family Services Act. The Department
22 shall provide for interactive computerized communication and
23 processing equipment that permits direct on-line
24 communication with the Department of State Police's central
25 criminal history data repository. The Department shall
26 comply with all certification requirements and provide
27 certified operators who have been trained by personnel from
28 the Department of State Police. In addition, one Office of
29 the Inspector General investigator shall have training in the
30 use of the criminal history information access system and
31 have access to the terminal. The Department of Children and
32 Family Services and its employees shall abide by rules and
33 regulations established by the Department of State Police
34 relating to the access and dissemination of this information.
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1 (w) Within 120 days of August 20, 1995 (the effective
2 date of Public Act 89-392), the Department shall prepare and
3 submit to the Governor and the General Assembly, a written
4 plan for the development of in-state licensed secure child
5 care facilities that care for children who are in need of
6 secure living arrangements for their health, safety, and
7 well-being. For purposes of this subsection, secure care
8 facility shall mean a facility that is designed and operated
9 to ensure that all entrances and exits from the facility, a
10 building or a distinct part of the building, are under the
11 exclusive control of the staff of the facility, whether or
12 not the child has the freedom of movement within the
13 perimeter of the facility, building, or distinct part of the
14 building. The plan shall include descriptions of the types
15 of facilities that are needed in Illinois; the cost of
16 developing these secure care facilities; the estimated number
17 of placements; the potential cost savings resulting from the
18 movement of children currently out-of-state who are projected
19 to be returned to Illinois; the necessary geographic
20 distribution of these facilities in Illinois; and a proposed
21 timetable for development of such facilities.
22 (Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95;
23 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
24 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98;
25 revised 10-20-97.)
26 (20 ILCS 505/5.15)
27 Sec. 5.15. Daycare; Department of Human Services.
28 (a) For the purpose of ensuring effective statewide
29 planning, development, and utilization of resources for the
30 day care of children, operated under various auspices, the
31 Department of Human Services is designated to coordinate all
32 day care activities for children of the State and shall
33 develop or continue, and shall update every year, a State
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1 comprehensive day-care plan for submission to the Governor
2 that identifies high-priority areas and groups, relating them
3 to available resources and identifying the most effective
4 approaches to the use of existing day care services. The
5 State comprehensive day-care plan shall be made available to
6 the General Assembly following the Governor's approval of
7 the plan.
8 The plan shall include methods and procedures for the
9 development of additional day care resources for children to
10 meet the goal of reducing short-run and long-run dependency
11 and to provide necessary enrichment and stimulation to the
12 education of young children. Recommendations shall be made
13 for State policy on optimum use of private and public, local,
14 State and federal resources, including an estimate of the
15 resources needed for the licensing and regulation of day care
16 facilities.
17 A written report shall be submitted to the Governor and
18 the General Assembly annually on April 15. The report shall
19 include an evaluation of developments over the preceding
20 fiscal year, including cost-benefit analyses of various
21 arrangements. Beginning with the report in 1990 submitted by
22 the Department's predecessor agency and every 2 years
23 thereafter, the report shall also include the following:
24 (1) An assessment of the child care services, needs
25 and available resources throughout the State and an
26 assessment of the adequacy of existing child care
27 services, including, but not limited to, services
28 assisted under this Act and under any other program
29 administered by other State agencies.
30 (2) A survey of day care facilities to determine
31 the number of qualified caregivers, as defined by rule,
32 attracted to vacant positions and any problems
33 encountered by facilities in attracting and retaining
34 capable caregivers.
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1 (3) The average wages and salaries and fringe
2 benefit packages paid to caregivers throughout the State,
3 computed on a regional basis.
4 (4) The qualifications of new caregivers hired at
5 licensed day care facilities during the previous 2-year
6 period.
7 (5) Recommendations for increasing caregiver wages
8 and salaries to ensure quality care for children.
9 (6) Evaluation of the fee structure and income
10 eligibility for child care subsidized by the State.
11 The requirement for reporting to the General Assembly
12 shall be satisfied by filing copies of the report with the
13 Speaker, the Minority Leader, and the Clerk of the House of
14 Representatives, the President, the Minority Leader, and the
15 Secretary of the Senate, and the Legislative Research Unit,
16 as required by Section 3.1 of the General Assembly
17 Organization Act, and filing such additional copies with the
18 State Government Report Distribution Center for the General
19 Assembly as is required under paragraph (t) of Section 7 of
20 the State Library Act.
21 (b) The Department of Human Services shall establish
22 policies and procedures for developing and implementing
23 interagency agreements with other agencies of the State
24 providing child care services or reimbursement for such
25 services. The plans shall be annually reviewed and modified
26 for the purpose of addressing issues of applicability and
27 service system barriers.
28 (c) In cooperation with other State agencies, the
29 Department of Human Services shall develop and implement, or
30 shall continue, a resource and referral system for the State
31 of Illinois either within the Department or by contract with
32 local or regional agencies. Funding for implementation of
33 this system may be provided through Department appropriations
34 or other inter-agency funding arrangements. The resource and
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1 referral system shall provide at least the following
2 services:
3 (1) Assembling and maintaining a data base on the
4 supply of child care services.
5 (2) Providing information and referrals for
6 parents.
7 (3) Coordinating the development of new child care
8 resources.
9 (4) Providing technical assistance and training to
10 child care service providers.
11 (5) Recording and analyzing the demand for child
12 care services.
13 (d) The Department of Human Services shall conduct day
14 care planning activities with the following priorities:
15 (1) Development of voluntary day care resources
16 wherever possible, with the provision for grants-in-aid
17 only where demonstrated to be useful and necessary as
18 incentives or supports.
19 (2) Emphasis on service to children of recipients
20 of public assistance when such service will allow
21 training or employment of the parent toward achieving the
22 goal of independence.
23 (3) Maximum employment of recipients of public
24 assistance in day care centers and day care homes,
25 operated in conjunction with short-term work training
26 programs.
27 (4) Care of children from families in stress and
28 crises whose members potentially may become, or are in
29 danger of becoming, non-productive and dependent.
30 (5) Expansion of family day care facilities
31 wherever possible.
32 (6) Location of centers in economically depressed
33 neighborhoods, preferably in multi-service centers with
34 cooperation of other agencies.
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1 (7) Use of existing facilities free of charge or
2 for reasonable rental whenever possible in lieu of
3 construction.
4 (8) Development of strategies for assuring a more
5 complete range of day care options, including provision
6 of day care services in homes, in schools, or in centers,
7 which will enable a parent or parents to complete a
8 course of education or obtain or maintain employment.
9 Emphasis shall be given to support services that will
10 help to ensure such parents' graduation from high school and
11 to services for participants in the Project Chance program of
12 job training conducted by the Department.
13 (e) The Department of Human Services shall actively
14 stimulate the development of public and private resources at
15 the local level. It shall also seek the fullest utilization
16 of federal funds directly or indirectly available to the
17 Department.
18 Where appropriate, existing non-governmental agencies or
19 associations shall be involved in planning by the Department.
20 (f) To better accommodate the child care needs of low
21 income working families, especially those who receive
22 Temporary Assistance for Needy Families (TANF) or who are
23 transitioning from TANF to work, or who are at risk of
24 depending on TANF in the absence of child care, the
25 Department shall complete a study using outcome-based
26 assessment measurements to analyze the various types of child
27 care needs, including but not limited to: child care homes;
28 child care facilities; before and after school care; and
29 evening and weekend care. Based upon the findings of the
30 study, the Department shall develop a plan by April 15, 1998,
31 that identifies the various types of child care needs within
32 various geographic locations. The plan shall include, but
33 not be limited to, the special needs of parents and guardians
34 in need of non-traditional child care services such as early
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1 mornings, evenings, and weekends; the needs of very low
2 income families and children and how they might be better
3 served; and strategies to assist child care providers to meet
4 the needs and schedules of low income families.
5 (Source: P.A. 89-507, eff. 7-1-97; 90-236, eff. 7-28-97.)
6 Section 2001-6. The Illinois Public Aid Code is amended
7 by changing Section 4-8 as follows:
8 (305 ILCS 5/4-8) (from Ch. 23, par. 4-8)
9 Sec. 4-8. Mismanagement of assistance grant.
10 (a) If the County Department has reason to believe that
11 the money payment for basic maintenance is not being used, or
12 may not be used, in the best interests of the child and the
13 family and that there is present or potential damage to the
14 standards of health and well-being that the grant is intended
15 to assure, the County Department shall provide the parent or
16 other relative with the counseling and guidance services with
17 respect to the use of the grant and the management of other
18 funds available to the family as may be required to assure
19 use of the grant in the best interests of the child and
20 family. The Illinois Department shall by rule prescribe
21 criteria which shall constitute evidence of grant
22 mismanagement. The criteria shall include but not be limited
23 to the following:
24 (1) A determination that a child in the assistance
25 unit is not receiving proper and necessary support or
26 other care for which assistance is being provided under
27 this Code.
28 (2) A record establishing that the parent or
29 relative has been found guilty of public assistance fraud
30 under Article VIIIA.
31 (3) A determination by an appropriate person,
32 entity, or agency that the parent or other relative
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1 requires treatment for alcohol or substance abuse, mental
2 health services, or other special care or treatment.
3 The Department shall at least consider non-payment of
4 rent for two consecutive months as evidence of grant
5 mismanagement by a parent or relative of a recipient who is
6 responsible for making rental payments for the housing or
7 shelter of the child or family, unless the Department
8 determines that the non-payment is necessary for the
9 protection of the health and well-being of the recipient. The
10 County Department shall advise the parent or other relative
11 grantee that continued mismanagement will result in the
12 application of one of the sanctions specified in this
13 Section.
14 The Illinois Department shall consider irregular school
15 attendance by children of school age grades 1 through 8, as
16 evidence of lack of proper and necessary support or care.
17 The Department may extend this consideration to children in
18 grades higher than 8.
19 The Illinois Department shall develop preventive programs
20 in collaboration with school and social service networks to
21 encourage school attendance of children receiving assistance
22 under Article IV. To the extent that Illinois Department and
23 community resources are available, the programs shall serve
24 families whose children in grades 1 through 8 are not
25 attending school regularly, as defined by the school. The
26 Department may extend these programs to families whose
27 children are in grades higher than 8. The programs shall
28 include referrals from the school to a social service
29 network, assessment and development of a service plan by one
30 or more network representatives, and the Illinois
31 Department's encouragement of the family to follow through
32 with the service plan. Families that fail to follow the
33 service plan as determined by the service provider, shall be
34 subject to the protective payment provisions of this Section
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1 and Section 4-9 of this Code.
2 Families for whom a protective payment plan has been in
3 effect for at least 3 months and whose school children
4 continue to regularly miss school shall be subject to
5 sanction under Section 4-21. The sanction shall continue
6 until the children demonstrate satisfactory attendance, as
7 defined by the school. To the extent necessary to implement
8 this Section, the Illinois Department shall seek appropriate
9 waivers of federal requirements from the U.S. Department of
10 Health and Human Services.
11 The Illinois Department may implement the amendatory
12 changes to this Section made by this amendatory Act of 1995
13 through the use of emergency rules in accordance with the
14 provisions of Section 5-45 of the Illinois Administrative
15 Procedure Act. For purposes of the Illinois Administrative
16 Procedure Act, the adoption of rules to implement the
17 amendatory changes to this Section made by this amendatory
18 Act of 1995 shall be deemed an emergency and necessary for
19 the public interest, safety, and welfare.
20 (b) In areas of the State where clinically appropriate
21 substance abuse treatment capacity is available, if the local
22 office has reason to believe that a caretaker relative is
23 experiencing substance abuse, the local office shall refer
24 the caretaker relative to a licensed treatment provider for
25 assessment. If the assessment indicates that the caretaker
26 relative is experiencing substance abuse, the local office
27 shall require the caretaker relative to comply with all
28 treatment recommended by the assessment. If the caretaker
29 relative refuses without good cause, as determined by rules
30 of the Illinois Department, to submit to the assessment or
31 treatment, the caretaker relative shall be ineligible for
32 assistance, and the local office shall take one or more of
33 the following actions:
34 (i) If there is another family member or friend who
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1 is ensuring that the family's needs are being met, that
2 person, if willing, shall be assigned as protective
3 payee.
4 (ii) If there is no family member or close friend
5 to serve as protective payee, the local office shall
6 provide for a protective payment to a substitute payee as
7 provided in Section 4-9. The Department also shall
8 determine whether if a referral to the Department of
9 Children and Family Services is warranted and, if
10 appropriate, shall make the referral.
11 (iii) The Department shall contact the individual
12 who is thought to be experiencing substance abuse and
13 explain why the protective payee has been assigned and
14 refer the individual to treatment.
15 (c) This subsection (c) applies to cases other than
16 those described in subsection (b). If the efforts to correct
17 the mismanagement of the grant have failed, the County
18 Department, in accordance with the rules and regulations of
19 the Illinois Department, shall initiate one or more of the
20 following actions:
21 1. Provide for a protective payment to a substitute
22 payee, as provided in Section 4-9. This action may be
23 initiated for any assistance unit containing a child
24 determined to be neglected by the Department of Children
25 and Family Services under the Abused and Neglected Child
26 Reporting Act, and in any case involving a record of
27 public assistance fraud.
28 2. Provide for issuance of all or part of the grant
29 in the form of disbursing orders. This action may be
30 initiated in any case involving a record of public
31 assistance fraud, or upon the request of a substitute
32 payee designated under Section 4-9.
33 3. File a petition under the Juvenile Court Act of
34 1987 for an Order of Protection under Sections 2-25,
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1 2-26, 3-26, and 3-27, 4-23, 4-24, 5-730 5-27, or 5-735
2 5-28 of that Act.
3 4. Institute a proceeding under the Juvenile Court
4 Act of 1987 for the appointment of a guardian or legal
5 representative for the purpose of receiving and managing
6 the public aid grant.
7 5. If the mismanagement of the grant, together with
8 other factors, have rendered the home unsuitable for the
9 best welfare of the child, file a neglect petition under
10 the Juvenile Court Act of 1987, requesting the removal of
11 the child or children.
12 (Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97; 90-249,
13 eff. 1-1-98; revised 8-4-97.)
14 Section 2001-7. The Illinois Vehicle Code is amended by
15 changing Section 6-205 as follows:
16 (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
17 Sec. 6-205. Mandatory revocation of license or permit;
18 Hardship cases.
19 (a) Except as provided in this Section, the Secretary of
20 State shall immediately revoke the license or permit of any
21 driver upon receiving a report of the driver's conviction of
22 any of the following offenses:
23 1. Reckless homicide resulting from the operation
24 of a motor vehicle;
25 2. Violation of Section 11-501 of this Code or a
26 similar provision of a local ordinance relating to the
27 offense of operating or being in physical control of a
28 vehicle while under the influence of alcohol, other drug,
29 or combination of both;
30 3. Any felony under the laws of any State or the
31 federal government in the commission of which a motor
32 vehicle was used;
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1 4. Violation of Section 11-401 of this Code
2 relating to the offense of leaving the scene of a traffic
3 accident involving death or personal injury;
4 5. Perjury or the making of a false affidavit or
5 statement under oath to the Secretary of State under this
6 Code or under any other law relating to the ownership or
7 operation of motor vehicles;
8 6. Conviction upon 3 charges of violation of
9 Section 11-503 of this Code relating to the offense of
10 reckless driving committed within a period of 12 months;
11 7. Conviction of the offense of automobile theft as
12 defined in Section 4-102 of this Code;
13 8. Violation of Section 11-504 of this Code
14 relating to the offense of drag racing;
15 9. Violation of Chapters 8 and 9 of this Code;
16 10. Violation of Section 12-5 of the Criminal Code
17 of 1961 arising from the use of a motor vehicle;
18 11. Violation of Section 11-204.1 of this Code
19 relating to aggravated fleeing or attempting to elude a
20 police officer;
21 12. Violation of paragraph (1) of subsection (b) of
22 Section 6-507, or a similar law of any other state,
23 relating to the unlawful operation of a commercial motor
24 vehicle;
25 13. Violation of paragraph (a) of Section 11-502 of
26 this Code or a similar provision of a local ordinance if
27 the driver has been previously convicted of a violation
28 of that Section or a similar provision of a local
29 ordinance and the driver was less than 21 years of age at
30 the time of the offense.
31 (b) The Secretary of State shall also immediately revoke
32 the license or permit of any driver in the following
33 situations:
34 1. Of any minor upon receiving the notice provided
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1 for in Section 5-901 1-8 of the Juvenile Court Act of
2 1987 that the minor has been adjudicated under that Act
3 as having committed an offense relating to motor vehicles
4 prescribed in Section 4-103 of this Code;
5 2. Of any person when any other law of this State
6 requires either the revocation or suspension of a license
7 or permit.
8 (c) Whenever a person is convicted of any of the
9 offenses enumerated in this Section, the court may recommend
10 and the Secretary of State in his discretion, without regard
11 to whether the recommendation is made by the court, may, upon
12 application, issue to the person a restricted driving permit
13 granting the privilege of driving a motor vehicle between the
14 petitioner's residence and petitioner's place of employment
15 or within the scope of the petitioner's employment related
16 duties, or to allow transportation for the petitioner or a
17 household member of the petitioner's family for the receipt
18 of necessary medical care or, if the professional evaluation
19 indicates, provide transportation for the petitioner for
20 alcohol remedial or rehabilitative activity, or for the
21 petitioner to attend classes, as a student, in an accredited
22 educational institution; if the petitioner is able to
23 demonstrate that no alternative means of transportation is
24 reasonably available and the petitioner will not endanger the
25 public safety or welfare; provided that the Secretary's
26 discretion shall be limited to cases where undue hardship
27 would result from a failure to issue the restricted driving
28 permit. In each case the Secretary of State may issue a
29 restricted driving permit for a period he deems appropriate,
30 except that the permit shall expire within one year from the
31 date of issuance. A restricted driving permit issued under
32 this Section shall be subject to cancellation, revocation,
33 and suspension by the Secretary of State in like manner and
34 for like cause as a driver's license issued under this Code
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1 may be cancelled, revoked, or suspended; except that a
2 conviction upon one or more offenses against laws or
3 ordinances regulating the movement of traffic shall be deemed
4 sufficient cause for the revocation, suspension, or
5 cancellation of a restricted driving permit. The Secretary of
6 State may, as a condition to the issuance of a restricted
7 driving permit, require the applicant to participate in a
8 designated driver remedial or rehabilitative program. The
9 Secretary of State is authorized to cancel a restricted
10 driving permit if the permit holder does not successfully
11 complete the program. However, if an individual's driving
12 privileges have been revoked in accordance with paragraph 13
13 of subsection (a) of this Section, no restricted driving
14 permit shall be issued until the individual has served 6
15 months of the revocation period.
16 (d) Whenever a person under the age of 21 is convicted
17 under Section 11-501 of this Code or a similar provision of a
18 local ordinance, the Secretary of State shall revoke the
19 driving privileges of that person. One year after the date
20 of revocation, and upon application, the Secretary of State
21 may, if satisfied that the person applying will not endanger
22 the public safety or welfare, issue a restricted driving
23 permit granting the privilege of driving a motor vehicle only
24 between the hours of 5 a.m. and 9 p.m. or as otherwise
25 provided by this Section for a period of one year. After
26 this one year period, and upon reapplication for a license as
27 provided in Section 6-106, upon payment of the appropriate
28 reinstatement fee provided under paragraph (b) of Section
29 6-118, the Secretary of State, in his discretion, may issue
30 the applicant a license, or extend the restricted driving
31 permit as many times as the Secretary of State deems
32 appropriate, by additional periods of not more than 12 months
33 each, until the applicant attains 21 years of age. A
34 restricted driving permit issued under this Section shall be
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1 subject to cancellation, revocation, and suspension by the
2 Secretary of State in like manner and for like cause as a
3 driver's license issued under this Code may be cancelled,
4 revoked, or suspended; except that a conviction upon one or
5 more offenses against laws or ordinances regulating the
6 movement of traffic shall be deemed sufficient cause for the
7 revocation, suspension, or cancellation of a restricted
8 driving permit. Any person under 21 years of age who has a
9 driver's license revoked for a second or subsequent
10 conviction for driving under the influence, prior to the age
11 of 21, shall not be eligible to submit an application for a
12 full reinstatement of driving privileges or a restricted
13 driving permit until age 21 or one additional year from the
14 date of the latest such revocation, whichever is the longer.
15 The revocation periods contained in this subparagraph shall
16 apply to similar out-of-state convictions.
17 (e) This Section is subject to the provisions of the
18 Driver License Compact.
19 (f) Any revocation imposed upon any person under
20 subsections 2 and 3 of paragraph (b) that is in effect on
21 December 31, 1988 shall be converted to a suspension for a
22 like period of time.
23 (g) The Secretary of State shall not issue a restricted
24 driving permit to a person under the age of 16 years whose
25 driving privileges have been revoked under any provisions of
26 this Code.
27 (Source: P.A. 89-156, eff. 1-1-96; 89-245, eff. 1-1-96;
28 89-626, eff. 8-9-96; 90-369, eff. 1-1-98.)
29 Section 2001-10. The Juvenile Court Act of 1987 is
30 amended by changing Sections 1-3, 1-4.1, 1-5, 2-10, 2-12,
31 2-27, 2-28, 3-8, 3-10, 3-12, 3-14, 4-9, 4-11, 6-1, 6-8, 6-9,
32 and 6-10, renumbering and changing Sections 5-35 and 5-36,
33 adding Section 6-12, and adding Parts 1 through 9 to Article
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1 V as follows:
2 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
3 Sec. 1-3. Definitions. Terms used in this Act, unless
4 the context otherwise requires, have the following meanings
5 ascribed to them:
6 (1) Adjudicatory hearing. "Adjudicatory hearing" means a
7 hearing to determine whether the allegations of a petition
8 under Section 2-13, 3-15 or 4-12 that a minor under 18 years
9 of age is abused, neglected or dependent, or requires
10 authoritative intervention, or addicted, respectively, are
11 supported by a preponderance of the evidence or whether the
12 allegations of a petition under Section 5-520 5-13 that a
13 minor is delinquent are proved beyond a reasonable doubt.
14 (2) Adult. "Adult" means a person 21 years of age or
15 older.
16 (3) Agency. "Agency" means a public or private child
17 care facility legally authorized or licensed by this State
18 for placement or institutional care or for both placement and
19 institutional care.
20 (4) Association. "Association" means any organization,
21 public or private, engaged in welfare functions which include
22 services to or on behalf of children but does not include
23 "agency" as herein defined.
24 (4.1) Chronic truant. "Chronic truant" shall have the
25 definition ascribed to it in Section 26-2a of The School
26 Code.
27 (5) Court. "Court" means the circuit court in a session
28 or division assigned to hear proceedings under this Act.
29 (6) Dispositional hearing. "Dispositional hearing" means
30 a hearing to determine whether a minor should be adjudged to
31 be a ward of the court, and to determine what order of
32 disposition should be made in respect to a minor adjudged to
33 be a ward of the court.
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1 (7) Emancipated minor. "Emancipated minor" means any
2 minor 16 years of age or over who has been completely or
3 partially emancipated under the "Emancipation of Mature
4 Minors Act", enacted by the Eighty-First General Assembly, or
5 under this Act.
6 (8) Guardianship of the person. "Guardianship of the
7 person" of a minor means the duty and authority to act in the
8 best interests of the minor, subject to residual parental
9 rights and responsibilities, to make important decisions in
10 matters having a permanent effect on the life and development
11 of the minor and to be concerned with his or her general
12 welfare. It includes but is not necessarily limited to:
13 (a) the authority to consent to marriage, to
14 enlistment in the armed forces of the United States, or
15 to a major medical, psychiatric, and surgical treatment;
16 to represent the minor in legal actions; and to make
17 other decisions of substantial legal significance
18 concerning the minor;
19 (b) the authority and duty of reasonable
20 visitation, except to the extent that these have been
21 limited in the best interests of the minor by court
22 order;
23 (c) the rights and responsibilities of legal
24 custody except where legal custody has been vested in
25 another person or agency; and
26 (d) the power to consent to the adoption of the
27 minor, but only if expressly conferred on the guardian in
28 accordance with Section 2-29, 3-30, or 4-27 or 5-31.
29 (9) Legal custody. "Legal custody" means the
30 relationship created by an order of court in the best
31 interests of the minor which imposes on the custodian the
32 responsibility of physical possession of a minor and the duty
33 to protect, train and discipline him and to provide him with
34 food, shelter, education and ordinary medical care, except as
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1 these are limited by residual parental rights and
2 responsibilities and the rights and responsibilities of the
3 guardian of the person, if any.
4 (10) Minor. "Minor" means a person under the age of 21
5 years subject to this Act.
6 (11) Parents. "Parent" means the father or mother of a
7 child and includes any adoptive parent. It also includes the
8 father whose paternity is presumed or has been established
9 under the law of this or another jurisdiction. It does not
10 include a parent whose rights in respect to the minor have
11 been terminated in any manner provided by law.
12 (11.1) "Permanency goal" means a goal set by a service
13 plan or an administrative case review, including, but not
14 limited to, (i) remaining home, (ii) returning home to a
15 specified parent or guardian, (iii) adoption, (iv) successor
16 guardianship, (v) long-term relative foster care, (vi) other
17 long-term substitute care, when no other goal is appropriate,
18 or (vii) emancipation.
19 (11.2) "Permanency review hearing" means a hearing to
20 review and determine (i) the appropriateness of the
21 permanency goal in light of the permanency alternatives, (ii)
22 the appropriateness of the plan to achieve the goal, (iii)
23 the appropriateness of the services delivered and to be
24 delivered to effectuate the plan and goal, and (iv) the
25 efforts being made by all the parties to achieve the plan and
26 goal.
27 (12) Petition. "Petition" means the petition provided
28 for in Section 2-13, 3-15, 4-12 or 5-520 5-13, including any
29 supplemental petitions thereunder.
30 (13) Residual parental rights and responsibilities.
31 "Residual parental rights and responsibilities" means those
32 rights and responsibilities remaining with the parent after
33 the transfer of legal custody or guardianship of the person,
34 including, but not necessarily limited to, the right to
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1 reasonable visitation (which may be limited by the court in
2 the best interests of the minor as provided in subsection
3 (8)(b) of this Section), the right to consent to adoption,
4 the right to determine the minor's religious affiliation, and
5 the responsibility for his support.
6 (14) Shelter. "Shelter" means the temporary care of a
7 minor in physically unrestricting facilities pending court
8 disposition or execution of court order for placement.
9 (15) Station adjustment. "Station adjustment" means the
10 informal handling of an alleged offender by a juvenile police
11 youth officer.
12 (16) Ward of the court. "Ward of the court" means a
13 minor who is so adjudged under Section 2-22, 3-23, 4-20 or
14 5-705 5-22, after a finding of the requisite jurisdictional
15 facts, and thus is subject to the dispositional powers of the
16 court under this Act.
17 (17) Juvenile police officer. "Juvenile police officer"
18 means a sworn police officer who has completed a Basic
19 Recruit Training Course, has been assigned to the position of
20 juvenile police officer by his or her chief law enforcement
21 officer and has completed the necessary juvenile officers
22 training as prescribed by the Illinois Law Enforcement
23 Training Standards Board, or in the case of a State police
24 officer, juvenile officer training approved by the Director
25 of the Department of State Police.
26 (Source: P.A. 88-7, Sec. 5; 88-7, Sec. 15; 88-487; 88-586,
27 eff. 8-12-94; 88-670, eff. 12-2-94.)
28 (705 ILCS 405/1-4.1) (from Ch. 37, par. 801-4.1)
29 Sec. 1-4.1. Except for minors accused of violation of an
30 order of the court, any minor accused of any act under
31 federal or State law, or a municipal ordinance that would not
32 be illegal if committed by an adult, cannot be placed in a
33 jail, municipal lockup, detention center or secure
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1 correctional facility. Confinement in a county jail of a
2 minor accused of a violation of an order of the court, or of
3 a minor for whom there is reasonable cause to believe that
4 the minor is a person described in subsection (3) of Section
5 5-105 5-3, shall be in accordance with the restrictions set
6 forth in Sections 5-410 and 5-501 Sections 5-7 and 5-10 of
7 this Act.
8 (Source: P.A. 89-656, eff. 1-1-97.)
9 (705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
10 Sec. 1-5. Rights of parties to proceedings.
11 (1) Except as provided in this Section and paragraph (2)
12 of Sections 2-22, 3-23, 4-20, 5-610 or 5-705 5-22, the minor
13 who is the subject of the proceeding and his parents,
14 guardian, legal custodian or responsible relative who are
15 parties respondent have the right to be present, to be heard,
16 to present evidence material to the proceedings, to
17 cross-examine witnesses, to examine pertinent court files and
18 records and also, although proceedings under this Act are not
19 intended to be adversary in character, the right to be
20 represented by counsel. At the request of any party
21 financially unable to employ counsel, with the exception of a
22 foster parent permitted to intervene under this Section, the
23 court shall appoint the Public Defender or such other counsel
24 as the case may require. Counsel appointed for the minor and
25 any indigent party shall appear at all stages of the trial
26 court proceeding, and such appointment shall continue through
27 the permanency hearings and termination of parental rights
28 proceedings subject to withdrawal or substitution pursuant to
29 Supreme Court Rules or the Code of Civil Procedure. Following
30 the dispositional hearing, the court may require appointed
31 counsel to withdraw his or her appearance upon failure of the
32 party for whom counsel was appointed under this Section to
33 attend any subsequent proceedings.
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1 No hearing on any petition or motion filed under this Act
2 may be commenced unless the minor who is the subject of the
3 proceeding is represented by counsel. Each adult respondent
4 shall be furnished a written "Notice of Rights" at or before
5 the first hearing at which he or she appears.
6 (1.5) The Department shall maintain a system of response
7 to inquiry made by parents or putative parents as to whether
8 their child is under the custody or guardianship of the
9 Department; and if so, the Department shall direct the
10 parents or putative parents to the appropriate court of
11 jurisdiction, including where inquiry may be made of the
12 clerk of the court regarding the case number and the next
13 scheduled court date of the minor's case. Effective notice
14 and the means of accessing information shall be given to the
15 public on a continuing basis by the Department.
16 (2) (a) Though not appointed guardian or legal custodian
17 or otherwise made a party to the proceeding, any current or
18 previously appointed foster parent or representative of an
19 agency or association interested in the minor has the right
20 to be heard by the court, but does not thereby become a party
21 to the proceeding.
22 In addition to the foregoing right to be heard by the
23 court, any current foster parent of a minor and the agency
24 designated by the court or the Department of Children and
25 Family Services as custodian of the minor who has been
26 adjudicated an abused or neglected minor under Section 2-3 or
27 a dependent minor under Section 2-4 of this Act has the right
28 to and shall be given adequate notice at all stages of any
29 hearing or proceeding under this Act wherein the custody or
30 status of the minor may be changed. Such notice shall
31 contain a statement regarding the nature and denomination of
32 the hearing or proceeding to be held, the change in custody
33 or status of the minor sought to be obtained at such hearing
34 or proceeding, and the date, time and place of such hearing
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1 or proceeding. The Department of Children and Family
2 Services or the licensed child welfare agency that has placed
3 the minor with the foster parent shall notify the clerk of
4 the court of the name and address of the current foster
5 parent. The clerk shall mail the notice by certified mail
6 marked for delivery to addressee only. The regular return
7 receipt for certified mail is sufficient proof of service.
8 Any foster parent who is denied his or her right to be
9 heard under this Section may bring a mandamus action under
10 Article XIV of the Code of Civil Procedure against the court
11 or any public agency to enforce that right. The mandamus
12 action may be brought immediately upon the denial of those
13 rights but in no event later than 30 days after the foster
14 parent has been denied the right to be heard.
15 (b) If after an adjudication that a minor is abused or
16 neglected as provided under Section 2-21 of this Act and a
17 motion has been made to restore the minor to any parent,
18 guardian, or legal custodian found by the court to have
19 caused the neglect or to have inflicted the abuse on the
20 minor, a foster parent may file a motion to intervene in the
21 proceeding for the sole purpose of requesting that the minor
22 be placed with the foster parent, provided that the foster
23 parent (i) is the current foster parent of the minor or (ii)
24 has previously been a foster parent for the minor for one
25 year or more, has a foster care license or is eligible for a
26 license, and is not the subject of any findings of abuse or
27 neglect of any child. The juvenile court may only enter
28 orders placing a minor with a specific foster parent under
29 this subsection (2)(b) and nothing in this Section shall be
30 construed to confer any jurisdiction or authority on the
31 juvenile court to issue any other orders requiring the
32 appointed guardian or custodian of a minor to place the minor
33 in a designated foster home or facility. This Section is not
34 intended to encompass any matters that are within the scope
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1 or determinable under the administrative and appeal process
2 established by rules of the Department of Children and Family
3 Services under Section 5(o) of the Children and Family
4 Services Act. Nothing in this Section shall relieve the
5 court of its responsibility, under Section 2-14(a) of this
6 Act to act in a just and speedy manner to reunify families
7 where it is the best interests of the minor and the child can
8 be cared for at home without endangering the child's health
9 or safety and, if reunification is not in the best interests
10 of the minor, to find another permanent home for the minor.
11 Nothing in this Section, or in any order issued by the court
12 with respect to the placement of a minor with a foster
13 parent, shall impair the ability of the Department of
14 Children and Family Services, or anyone else authorized under
15 Section 5 of the Abused and Neglected Child Reporting Act, to
16 remove a minor from the home of a foster parent if the
17 Department of Children and Family Services or the person
18 removing the minor has reason to believe that the
19 circumstances or conditions of the minor are such that
20 continuing in the residence or care of the foster parent will
21 jeopardize the child's health and safety or present an
22 imminent risk of harm to that minor's life.
23 (c) If a foster parent has had the minor who is the
24 subject of the proceeding under Article II in his or her home
25 for more than one year on or after July 3, 1994 and if the
26 minor's placement is being terminated from that foster
27 parent's home, that foster parent shall have standing and
28 intervenor status except in those circumstances where the
29 Department of Children and Family Services or anyone else
30 authorized under Section 5 of the Abused and Neglected Child
31 Reporting Act has removed the minor from the foster parent
32 because of a reasonable belief that the circumstances or
33 conditions of the minor are such that continuing in the
34 residence or care of the foster parent will jeopardize the
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1 child's health or safety or presents an imminent risk of harm
2 to the minor's life.
3 (d) The court may grant standing to any foster parent if
4 the court finds that it is in the best interest of the child
5 for the foster parent to have standing and intervenor status.
6 (3) Parties respondent are entitled to notice in
7 compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
8 and 4-15 or 5-525 5-15 and 5-530 5-16, as appropriate. At the
9 first appearance before the court by the minor, his parents,
10 guardian, custodian or responsible relative, the court shall
11 explain the nature of the proceedings and inform the parties
12 of their rights under the first 2 paragraphs of this Section.
13 If the child is alleged to be abused, neglected or
14 dependent, the court shall admonish the parents that if the
15 court declares the child to be a ward of the court and awards
16 custody or guardianship to the Department of Children and
17 Family Services, the parents must cooperate with the
18 Department of Children and Family Services, comply with the
19 terms of the service plans, and correct the conditions that
20 require the child to be in care, or risk termination of their
21 parental rights.
22 Upon an adjudication of wardship of the court under
23 Sections 2-22, 3-23, 4-20 or 5-705 5-22, the court shall
24 inform the parties of their right to appeal therefrom as well
25 as from any other final judgment of the court.
26 When the court finds that a child is an abused,
27 neglected, or dependent minor under Section 2-21, the court
28 shall admonish the parents that the parents must cooperate
29 with the Department of Children and Family Services, comply
30 with the terms of the service plans, and correct the
31 conditions that require the child to be in care, or risk
32 termination of their parental rights.
33 When the court declares a child to be a ward of the court
34 and awards guardianship to the Department of Children and
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1 Family Services under Section 2-22, the court shall admonish
2 the parents, guardian, custodian, or responsible relative
3 that the parents must cooperate with the Department of
4 Children and Family Services, comply with the terms of the
5 service plans, and correct the conditions that require the
6 child to be in care, or risk termination of their parental
7 rights.
8 (4) No sanction may be applied against the minor who is
9 the subject of the proceedings by reason of his refusal or
10 failure to testify in the course of any hearing held prior to
11 final adjudication under Section 2-22, 3-23, 4-20 or 5-705
12 5-22.
13 (5) In the discretion of the court, the minor may be
14 excluded from any part or parts of a dispositional hearing
15 and, with the consent of the parent or parents, guardian,
16 counsel or a guardian ad litem, from any part or parts of an
17 adjudicatory hearing.
18 (6) The general public except for the news media and the
19 victim shall be excluded from any hearing and, except for the
20 persons specified in this Section only persons, including
21 representatives of agencies and associations, who in the
22 opinion of the court have a direct interest in the case or in
23 the work of the court shall be admitted to the hearing.
24 However, the court may, for the minor's safety and protection
25 and for good cause shown, prohibit any person or agency
26 present in court from further disclosing the minor's
27 identity.
28 (Source: P.A. 89-235, eff. 8-4-95; 90-27, eff. 1-1-98; 90-28,
29 eff. 1-1-98.)
30 (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
31 Sec. 2-10. Temporary custody hearing. At the appearance
32 of the minor before the court at the temporary custody
33 hearing, all witnesses present shall be examined before the
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1 court in relation to any matter connected with the
2 allegations made in the petition.
3 (1) If the court finds that there is not probable cause
4 to believe that the minor is abused, neglected or dependent
5 it shall release the minor and dismiss the petition.
6 (2) If the court finds that there is probable cause to
7 believe that the minor is abused, neglected or dependent, the
8 court shall state in writing the factual basis supporting its
9 finding and the minor, his or her parent, guardian, custodian
10 and other persons able to give relevant testimony shall be
11 examined before the court. The Department of Children and
12 Family Services shall give testimony concerning indicated
13 reports of abuse and neglect, of which they are aware of
14 through the central registry, involving the minor's parent,
15 guardian or custodian. After such testimony, the court may,
16 consistent with the health, safety and best interests of the
17 minor, enter an order that the minor shall be released upon
18 the request of parent, guardian or custodian if the parent,
19 guardian or custodian appears to take custody. Custodian
20 shall include any agency of the State which has been given
21 custody or wardship of the child. If it is consistent with
22 the health, safety and best interests of the minor, the court
23 may also prescribe shelter care and order that the minor be
24 kept in a suitable place designated by the court or in a
25 shelter care facility designated by the Department of
26 Children and Family Services or a licensed child welfare
27 agency; however, a minor charged with a criminal offense
28 under the Criminal Code of 1961 or adjudicated delinquent
29 shall not be placed in the custody of or committed to the
30 Department of Children and Family Services by any court,
31 except a minor less than 13 years of age and committed to the
32 Department of Children and Family Services under Section
33 5-710 5-23 of this Act or a minor for whom an independent
34 basis of abuse, neglect, or dependency exists, which must be
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1 defined by departmental rule. In placing the minor, the
2 Department or other agency shall, to the extent compatible
3 with the court's order, comply with Section 7 of the Children
4 and Family Services Act. In determining the health, safety
5 and best interests of the minor to prescribe shelter care,
6 the court must find that it is a matter of immediate and
7 urgent necessity for the safety and protection of the minor
8 or of the person or property of another that the minor be
9 placed in a shelter care facility or that he or she is likely
10 to flee the jurisdiction of the court, and must further find
11 that reasonable efforts have been made or that, consistent
12 with the health, safety and best interests of the minor, no
13 efforts reasonably can be made to prevent or eliminate the
14 necessity of removal of the minor from his or her home. The
15 court shall require documentation from the Department of
16 Children and Family Services as to the reasonable efforts
17 that were made to prevent or eliminate the necessity of
18 removal of the minor from his or her home or the reasons why
19 no efforts reasonably could be made to prevent or eliminate
20 the necessity of removal. When a minor is placed in the home
21 of a relative, the Department of Children and Family Services
22 shall complete a preliminary background review of the members
23 of the minor's custodian's household in accordance with
24 Section 4.3 of the Child Care Act of 1969 within 90 days of
25 that placement. If the minor is ordered placed in a shelter
26 care facility of the Department of Children and Family
27 Services or a licensed child welfare agency, the court shall,
28 upon request of the appropriate Department or other agency,
29 appoint the Department of Children and Family Services
30 Guardianship Administrator or other appropriate agency
31 executive temporary custodian of the minor and the court may
32 enter such other orders related to the temporary custody as
33 it deems fit and proper, including the provision of services
34 to the minor or his family to ameliorate the causes
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1 contributing to the finding of probable cause or to the
2 finding of the existence of immediate and urgent necessity.
3 Acceptance of services shall not be considered an admission
4 of any allegation in a petition made pursuant to this Act,
5 nor may a referral of services be considered as evidence in
6 any proceeding pursuant to this Act, except where the issue
7 is whether the Department has made reasonable efforts to
8 reunite the family. In making its findings that it is
9 consistent with the health, safety and best interests of the
10 minor to prescribe shelter care, the court shall state in
11 writing (i) the factual basis supporting its findings
12 concerning the immediate and urgent necessity for the
13 protection of the minor or of the person or property of
14 another and (ii) the factual basis supporting its findings
15 that reasonable efforts were made to prevent or eliminate the
16 removal of the minor from his or her home or that no efforts
17 reasonably could be made to prevent or eliminate the removal
18 of the minor from his or her home. The parents, guardian,
19 custodian, temporary custodian and minor shall each be
20 furnished a copy of such written findings. The temporary
21 custodian shall maintain a copy of the court order and
22 written findings in the case record for the child. The order
23 together with the court's findings of fact in support thereof
24 shall be entered of record in the court.
25 Once the court finds that it is a matter of immediate and
26 urgent necessity for the protection of the minor that the
27 minor be placed in a shelter care facility, the minor shall
28 not be returned to the parent, custodian or guardian until
29 the court finds that such placement is no longer necessary
30 for the protection of the minor.
31 If the child is placed in the temporary custody of the
32 Department of Children and Family Services for his or her
33 protection, the court shall admonish the parents, guardian,
34 custodian or responsible relative that the parents must
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1 cooperate with the Department of Children and Family
2 Services, comply with the terms of the service plans, and
3 correct the conditions which require the child to be in care,
4 or risk termination of their parental rights.
5 (3) If prior to the shelter care hearing for a minor
6 described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party
7 is unable to serve notice on the party respondent, the
8 shelter care hearing may proceed ex-parte. A shelter care
9 order from an ex-parte hearing shall be endorsed with the
10 date and hour of issuance and shall be filed with the clerk's
11 office and entered of record. The order shall expire after 10
12 days from the time it is issued unless before its expiration
13 it is renewed, at a hearing upon appearance of the party
14 respondent, or upon an affidavit of the moving party as to
15 all diligent efforts to notify the party respondent by notice
16 as herein prescribed. The notice prescribed shall be in
17 writing and shall be personally delivered to the minor or the
18 minor's attorney and to the last known address of the other
19 person or persons entitled to notice. The notice shall also
20 state the nature of the allegations, the nature of the order
21 sought by the State, including whether temporary custody is
22 sought, and the consequences of failure to appear and shall
23 contain a notice that the parties will not be entitled to
24 further written notices or publication notices of proceedings
25 in this case, including the filing of an amended petition or
26 a motion to terminate parental rights, except as required by
27 Supreme Court Rule 11; and shall explain the right of the
28 parties and the procedures to vacate or modify a shelter care
29 order as provided in this Section. The notice for a shelter
30 care hearing shall be substantially as follows:
31 NOTICE TO PARENTS AND CHILDREN
32 OF SHELTER CARE HEARING
33 On ................ at ........., before the
34 Honorable ................, (address:) .................,
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1 the State of Illinois will present evidence (1) that
2 (name of child or children) ....................... are
3 abused, neglected or dependent for the following reasons:
4 .............................................. and (2)
5 that there is "immediate and urgent necessity" to remove
6 the child or children from the responsible relative.
7 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
8 PLACEMENT of the child or children in foster care until a
9 trial can be held. A trial may not be held for up to 90
10 days. You will not be entitled to further notices of
11 proceedings in this case, including the filing of an
12 amended petition or a motion to terminate parental
13 rights.
14 At the shelter care hearing, parents have the
15 following rights:
16 1. To ask the court to appoint a lawyer if
17 they cannot afford one.
18 2. To ask the court to continue the hearing to
19 allow them time to prepare.
20 3. To present evidence concerning:
21 a. Whether or not the child or children
22 were abused, neglected or dependent.
23 b. Whether or not there is "immediate and
24 urgent necessity" to remove the child from home
25 (including: their ability to care for the
26 child, conditions in the home, alternative
27 means of protecting the child other than
28 removal).
29 c. The best interests of the child.
30 4. To cross examine the State's witnesses.
31 The Notice for rehearings shall be substantially as
32 follows:
33 NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
34 TO REHEARING ON TEMPORARY CUSTODY
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1 If you were not present at and did not have adequate
2 notice of the Shelter Care Hearing at which temporary
3 custody of ............... was awarded to
4 ................, you have the right to request a full
5 rehearing on whether the State should have temporary
6 custody of ................. To request this rehearing,
7 you must file with the Clerk of the Juvenile Court
8 (address): ........................, in person or by
9 mailing a statement (affidavit) setting forth the
10 following:
11 1. That you were not present at the shelter
12 care hearing.
13 2. That you did not get adequate notice
14 (explaining how the notice was inadequate).
15 3. Your signature.
16 4. Signature must be notarized.
17 The rehearing should be scheduled within 48 hours of
18 your filing this affidavit.
19 At the rehearing, your rights are the same as at the
20 initial shelter care hearing. The enclosed notice
21 explains those rights.
22 At the Shelter Care Hearing, children have the
23 following rights:
24 1. To have a guardian ad litem appointed.
25 2. To be declared competent as a witness and
26 to present testimony concerning:
27 a. Whether they are abused, neglected or
28 dependent.
29 b. Whether there is "immediate and urgent
30 necessity" to be removed from home.
31 c. Their best interests.
32 3. To cross examine witnesses for other
33 parties.
34 4. To obtain an explanation of any proceedings
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1 and orders of the court.
2 (4) If the parent, guardian, legal custodian,
3 responsible relative, minor age 8 or over, or counsel of the
4 minor did not have actual notice of or was not present at the
5 shelter care hearing, he or she may file an affidavit setting
6 forth these facts, and the clerk shall set the matter for
7 rehearing not later than 48 hours, excluding Sundays and
8 legal holidays, after the filing of the affidavit. At the
9 rehearing, the court shall proceed in the same manner as upon
10 the original hearing.
11 (5) Only when there is reasonable cause to believe that
12 the minor taken into custody is a person described in
13 subsection (3) of Section 5-105 5-3 may the minor be kept or
14 detained in a detention home or county or municipal jail.
15 This Section shall in no way be construed to limit subsection
16 (6).
17 (6) No minor under 16 years of age may be confined in a
18 jail or place ordinarily used for the confinement of
19 prisoners in a police station. Minors under 17 years of age
20 must be kept separate from confined adults and may not at any
21 time be kept in the same cell, room, or yard with adults
22 confined pursuant to the criminal law.
23 (7) If the minor is not brought before a judicial
24 officer within the time period as specified in Section 2-9,
25 the minor must immediately be released from custody.
26 (8) If neither the parent, guardian or custodian appears
27 within 24 hours to take custody of a minor released upon
28 request pursuant to subsection (2) of this Section, then the
29 clerk of the court shall set the matter for rehearing not
30 later than 7 days after the original order and shall issue a
31 summons directed to the parent, guardian or custodian to
32 appear. At the same time the probation department shall
33 prepare a report on the minor. If a parent, guardian or
34 custodian does not appear at such rehearing, the judge may
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1 enter an order prescribing that the minor be kept in a
2 suitable place designated by the Department of Children and
3 Family Services or a licensed child welfare agency.
4 (9) Notwithstanding any other provision of this Section
5 any interested party, including the State, the temporary
6 custodian, an agency providing services to the minor or
7 family under a service plan pursuant to Section 8.2 of the
8 Abused and Neglected Child Reporting Act, foster parent, or
9 any of their representatives, on notice to all parties
10 entitled to notice, may file a motion that it is in the best
11 interests of the minor to modify or vacate a temporary
12 custody order on any of the following grounds:
13 (a) It is no longer a matter of immediate and
14 urgent necessity that the minor remain in shelter care;
15 or
16 (b) There is a material change in the circumstances
17 of the natural family from which the minor was removed
18 and the child can be cared for at home without
19 endangering the child's health or safety; or
20 (c) A person not a party to the alleged abuse,
21 neglect or dependency, including a parent, relative or
22 legal guardian, is capable of assuming temporary custody
23 of the minor; or
24 (d) Services provided by the Department of Children
25 and Family Services or a child welfare agency or other
26 service provider have been successful in eliminating the
27 need for temporary custody and the child can be cared for
28 at home without endangering the child's health or safety.
29 In ruling on the motion, the court shall determine
30 whether it is consistent with the health, safety and best
31 interests of the minor to modify or vacate a temporary
32 custody order.
33 The clerk shall set the matter for hearing not later than
34 14 days after such motion is filed. In the event that the
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1 court modifies or vacates a temporary custody order but does
2 not vacate its finding of probable cause, the court may order
3 that appropriate services be continued or initiated in behalf
4 of the minor and his or her family.
5 (10) When the court finds or has found that there is
6 probable cause to believe a minor is an abused minor as
7 described in subsection (2) of Section 2-3 and that there is
8 an immediate and urgent necessity for the abused minor to be
9 placed in shelter care, immediate and urgent necessity shall
10 be presumed for any other minor residing in the same
11 household as the abused minor provided:
12 (a) Such other minor is the subject of an abuse or
13 neglect petition pending before the court; and
14 (b) A party to the petition is seeking shelter care
15 for such other minor.
16 Once the presumption of immediate and urgent necessity
17 has been raised, the burden of demonstrating the lack of
18 immediate and urgent necessity shall be on any party that is
19 opposing shelter care for the other minor.
20 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-582, eff.
21 1-1-97; 89-626, eff. 8-9-96; 90-28, eff. 1-1-98; 90-87, eff.
22 9-1-97; revised 8-4-97.)
23 (705 ILCS 405/2-12) (from Ch. 37, par. 802-12)
24 Sec. 2-12. Preliminary conferences. (1) The court may
25 authorize the probation officer to confer in a preliminary
26 conference with any person seeking to file a petition under
27 Section 2-13, the prospective respondents and other
28 interested persons concerning the advisability of filing the
29 petition, with a view to adjusting suitable cases without the
30 filing of a petition.
31 The probation officer should schedule a conference
32 promptly except where the State's Attorney insists on court
33 action or where the minor has indicated that he or she will
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1 demand a judicial hearing and will not comply with an
2 informal adjustment.
3 (2) In any case of a minor who is in temporary custody,
4 the holding of preliminary conferences does not operate to
5 prolong temporary custody beyond the period permitted by
6 Section 2-9.
7 (3) This Section does not authorize any probation
8 officer to compel any person to appear at any conference,
9 produce any papers, or visit any place.
10 (4) No statement made during a preliminary conference
11 may be admitted into evidence at an adjudicatory hearing or
12 at any proceeding against the minor under the criminal laws
13 of this State prior to his or her conviction thereunder.
14 (5) The probation officer shall promptly formulate a
15 written, non-judicial adjustment plan following the initial
16 conference.
17 (6) Non-judicial adjustment plans include but are not
18 limited to the following:
19 (a) up to 6 months informal supervision within family;
20 (b) up to 6 months informal supervision with a probation
21 officer involved;
22 (c) up to 6 months informal supervision with release to
23 a person other than parent;
24 (d) referral to special educational, counseling or other
25 rehabilitative social or educational programs;
26 (e) referral to residential treatment programs; and
27 (f) any other appropriate action with consent of the
28 minor and a parent.
29 (7) The factors to be considered by the probation
30 officer in formulating a non-judicial adjustment plan shall
31 be the same as those limited in subsection (4) of Section
32 5-405 5-6.
33 (Source: P.A. 86-639.)
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1 (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
2 Sec. 2-27. Placement; legal custody or guardianship.
3 (1) If the court determines and puts in writing the
4 factual basis supporting the determination of whether the
5 parents, guardian, or legal custodian of a minor adjudged a
6 ward of the court are unfit or are unable, for some reason
7 other than financial circumstances alone, to care for,
8 protect, train or discipline the minor or are unwilling to do
9 so, and that it is in the best interest of the minor to take
10 him from the custody of his parents, guardian or custodian,
11 the court may at this hearing and at any later point:
12 (a) place him in the custody of a suitable relative
13 or other person as legal custodian or guardian;
14 (b) place him under the guardianship of a probation
15 officer;
16 (c) commit him to an agency for care or placement,
17 except an institution under the authority of the
18 Department of Corrections or of the Department of
19 Children and Family Services;
20 (d) commit him to the Department of Children and
21 Family Services for care and service; however, a minor
22 charged with a criminal offense under the Criminal Code
23 of 1961 or adjudicated delinquent shall not be placed in
24 the custody of or committed to the Department of Children
25 and Family Services by any court, except a minor less
26 than 13 years of age and committed to the Department of
27 Children and Family Services under Section 5-710 5-23 of
28 this Act. The Department shall be given due notice of the
29 pendency of the action and the Guardianship Administrator
30 of the Department of Children and Family Services shall
31 be appointed guardian of the person of the minor.
32 Whenever the Department seeks to discharge a minor from
33 its care and service, the Guardianship Administrator
34 shall petition the court for an order terminating
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1 guardianship. The Guardianship Administrator may
2 designate one or more other officers of the Department,
3 appointed as Department officers by administrative order
4 of the Department Director, authorized to affix the
5 signature of the Guardianship Administrator to documents
6 affecting the guardian-ward relationship of children for
7 whom he has been appointed guardian at such times as he
8 is unable to perform the duties of his office. The
9 signature authorization shall include but not be limited
10 to matters of consent of marriage, enlistment in the
11 armed forces, legal proceedings, adoption, major medical
12 and surgical treatment and application for driver's
13 license. Signature authorizations made pursuant to the
14 provisions of this paragraph shall be filed with the
15 Secretary of State and the Secretary of State shall
16 provide upon payment of the customary fee, certified
17 copies of the authorization to any court or individual
18 who requests a copy.
19 In making a determination under this Section, the court
20 shall also consider whether, based on the best interests of
21 the minor, appropriate services aimed at family preservation
22 and family reunification have been unsuccessful in rectifying
23 the conditions that have led to a finding of unfitness or
24 inability to care for, protect, train, or discipline the
25 minor, or whether, based on the best interests of the minor,
26 no family preservation or family reunification services would
27 be appropriate.
28 When making a placement, the court, wherever possible,
29 shall require the Department of Children and Family Services
30 to select a person holding the same religious belief as that
31 of the minor or a private agency controlled by persons of
32 like religious faith of the minor and shall require the
33 Department to otherwise comply with Section 7 of the Children
34 and Family Services Act in placing the child. In addition,
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1 whenever alternative plans for placement are available, the
2 court shall ascertain and consider, to the extent appropriate
3 in the particular case, the views and preferences of the
4 minor.
5 (2) When a minor is placed with a suitable relative or
6 other person pursuant to item (a) of subsection (1), the
7 court shall appoint him the legal custodian or guardian of
8 the person of the minor. When a minor is committed to any
9 agency, the court shall appoint the proper officer or
10 representative thereof as legal custodian or guardian of the
11 person of the minor. Legal custodians and guardians of the
12 person of the minor have the respective rights and duties set
13 forth in subsection (9) of Section 1-3 except as otherwise
14 provided by order of court; but no guardian of the person may
15 consent to adoption of the minor unless that authority is
16 conferred upon him in accordance with Section 2-29. An agency
17 whose representative is appointed guardian of the person or
18 legal custodian of the minor may place him in any child care
19 facility, but the facility must be licensed under the Child
20 Care Act of 1969 or have been approved by the Department of
21 Children and Family Services as meeting the standards
22 established for such licensing. No agency may place a minor
23 adjudicated under Sections 2-3 or 2-4 in a child care
24 facility unless the placement is in compliance with the rules
25 and regulations for placement under this Section promulgated
26 by the Department of Children and Family Services under
27 Section 5 of the Children and Family Services Act. Like
28 authority and restrictions shall be conferred by the court
29 upon any probation officer who has been appointed guardian of
30 the person of a minor.
31 (3) No placement by any probation officer or agency
32 whose representative is appointed guardian of the person or
33 legal custodian of a minor may be made in any out of State
34 child care facility unless it complies with the Interstate
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1 Compact on the Placement of Children. Placement with a
2 parent, however, is not subject to that Interstate Compact.
3 (4) The clerk of the court shall issue to the legal
4 custodian or guardian of the person a certified copy of the
5 order of court, as proof of his authority. No other process
6 is necessary as authority for the keeping of the minor.
7 (5) Custody or guardianship granted under this Section
8 continues until the court otherwise directs, but not after
9 the minor reaches the age of 19 years except as set forth in
10 Section 2-31.
11 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
12 12-2-94; 89-21, eff. 7-1-95; 89-422; 89-626, eff. 8-9-96.)
13 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
14 Sec. 2-28. Court review.
15 (1) The court may require any legal custodian or
16 guardian of the person appointed under this Act to report
17 periodically to the court or may cite him into court and
18 require him or his agency, to make a full and accurate report
19 of his or its doings in behalf of the minor. The custodian
20 or guardian, within 10 days after such citation, shall make
21 the report, either in writing verified by affidavit or orally
22 under oath in open court, or otherwise as the court directs.
23 Upon the hearing of the report the court may remove the
24 custodian or guardian and appoint another in his stead or
25 restore the minor to the custody of his parents or former
26 guardian or custodian. However, custody of the minor shall
27 not be restored to any parent, guardian or legal custodian in
28 any case in which the minor is found to be neglected or
29 abused under Section 2-3 of this Act, unless it is in the
30 best interests of the minor, and if such neglect or abuse is
31 found by the court under paragraph (2) of Section 2-21 of
32 this Act to be the result of physical abuse inflicted on the
33 minor by such parent, guardian or legal custodian, until such
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1 time as an investigation is made as provided in paragraph (5)
2 and a hearing is held on the issue of the fitness of such
3 parent, guardian or legal custodian to care for the minor and
4 the court enters an order that such parent, guardian or legal
5 custodian is fit to care for the minor.
6 (2) Permanency hearings shall be conducted by the court,
7 or by hearing officers appointed or approved by the court in
8 the manner set forth in Section 2-28.1 of this Act.
9 Permanency hearings shall be held every 12 months or more
10 frequently if necessary in the court's determination
11 following the initial permanency hearing, in accordance with
12 the standards set forth in this Section, until the court
13 determines that the plan and goal have been achieved. Once
14 the plan and goal have been achieved, if the minor remains in
15 substitute care, the case shall be reviewed at least every 12
16 months thereafter, subject to the provisions of this Section.
17 Notice in compliance with Sections 2-15 and 2-16 must
18 have been given to all parties-respondent before proceeding
19 to a permanency hearing.
20 The public agency that is the custodian or guardian of
21 the minor, or another agency responsible for the minor's
22 care, shall ensure that all parties to the permanency
23 hearings are provided a copy of the most recent service plan
24 prepared within the prior 6 months at least 14 days in
25 advance of the hearing. If not contained in the plan, the
26 agency shall also include a report setting forth (i) any
27 special physical, psychological, educational, medical,
28 emotional, or other needs of the minor or his or her family
29 that are relevant to a permanency or placement determination
30 and (ii) for any minor age 16 or over, a written description
31 of the programs and services that will enable the minor to
32 prepare for independent living. If a permanency review
33 hearing has not previously been scheduled by the court, the
34 moving party shall move for the setting of a permanency
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1 hearing and the entry of an order within the time frames set
2 forth in this subsection.
3 At the permanency hearing, the court shall determine the
4 future status of the child. The court shall review (i) the
5 appropriateness of the permanency goal, (ii) the
6 appropriateness of the plan to achieve the goal, (iii) the
7 appropriateness of the services contained in the plan and
8 whether those services have been provided, (iv) whether
9 reasonable efforts have been made by all the parties to the
10 service plan to achieve the goal, and (v) whether the plan
11 and goal have been achieved. All evidence relevant to
12 determining these questions, including oral and written
13 reports, may be admitted and may be relied on to the extent
14 of their probative value.
15 In reviewing the permanency goal and the most recent
16 service plan prepared within the prior 6 months, the standard
17 of review to be employed by the court shall be whether the
18 Department of Children and Family Services, in setting the
19 permanency goal and the service plan, abused its discretion
20 in light of the best interests of the child, the permanency
21 alternatives, and the facts in the individual case.
22 If the plan and goal are found to be appropriate and to
23 have been achieved, the court shall enter orders that are
24 necessary to conform the minor's legal custody and status to
25 those findings.
26 If, after receiving evidence, the court determines that
27 the Department of Children and Family Services abused its
28 discretion in identifying services contained in the plan that
29 are not reasonably calculated to facilitate achievement of
30 the permanency goal, the court shall put in writing the
31 factual basis supporting the determination and enter specific
32 findings based on the evidence. The court also shall enter
33 an order for the Department to develop and implement a new
34 service plan or to implement changes to the current service
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1 plan consistent with the court's findings. The new service
2 plan shall be filed with the court and served on all parties
3 within 45 days of the date of the order. The court shall
4 continue the matter until the new service plan is filed.
5 Unless otherwise specifically authorized by law, the court is
6 not empowered under this subsection (2) or under subsection
7 (3) to order specific placements, specific services, or
8 specific service providers to be included in the plan.
9 If, after receiving evidence, the court determines that
10 the Department of Children and Family Services abused its
11 discretion in setting a permanency goal that is not in the
12 best interests of the minor, the court shall enter specific
13 findings in writing based on the evidence. The court also
14 shall enter an order for the Department to set a new
15 permanency goal and to develop and implement a new service
16 plan that is consistent with the court's findings. The new
17 service plan shall be filed with the court and served on all
18 parties within 45 days of the date of the order. The court
19 shall continue the matter until the new service plan is
20 filed.
21 A guardian or custodian appointed by the court pursuant
22 to this Act shall file updated case plans with the court
23 every 6 months.
24 Rights of wards of the court under this Act are
25 enforceable against any public agency by complaints for
26 relief by mandamus filed in any proceedings brought under
27 this Act.
28 (3) Following the permanency hearing, the court shall
29 enter an order setting forth the following determinations in
30 writing:
31 (a) The future status of the minor, including but
32 not limited to whether the minor should be returned to
33 the parent, should be continued in the care of the
34 Department of Children and Family Services or other
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1 agency for a specified period, should be placed for
2 adoption, should be emancipated, or should (because of
3 the minor's special needs or circumstances) be continued
4 in the care of the Department of Children and Family
5 Services or other agency on a permanent or long-term
6 basis, and any orders necessary to conform the minor's
7 legal custody and status to such determination; or
8 (b) if the future status of the minor cannot be
9 achieved immediately, the specific reasons for continuing
10 the minor in the care of the Department of Children and
11 Family Services or other agency for short term placement,
12 and the following determinations:
13 (i) Whether the permanency goal is in the best
14 interests of the minor, or whether the Department of
15 Children and Family Services abused its discretion
16 in setting a goal that is not in the best interests
17 of the minor.
18 (ii) Whether the services required by the
19 court and by any service plan prepared within the
20 prior 6 months have been provided and (A) if so,
21 whether the services were reasonably calculated to
22 facilitate the achievement of the permanency goal or
23 (B) if not provided, why the services were not
24 provided.
25 (iii) Whether the minor's placement is
26 necessary, and appropriate to the plan and goal,
27 recognizing the right of minors to the least
28 restrictive (most family-like) setting available and
29 in close proximity to the parents' home consistent
30 with the best interest and special needs of the
31 minor and, if the minor is placed out-of-State,
32 whether the out-of-State placement continues to be
33 appropriate and in the best interest of the minor.
34 (iv) Whether, because of any of the findings
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1 under subparagraphs (i) through (iii), the
2 Department of Children and Family Services should be
3 ordered to set a new permanency goal or develop and
4 implement a new service plan consistent with such
5 findings.
6 (v) Whether any orders to effectuate the
7 completion of a plan or goal are necessary,
8 including conforming the minor's custody or status
9 to a goal being achieved.
10 Any order entered pursuant to this subsection (3) shall
11 be immediately appealable as a matter of right under Supreme
12 Court Rule 304(b)(1).
13 (4) The minor or any person interested in the minor may
14 apply to the court for a change in custody of the minor and
15 the appointment of a new custodian or guardian of the person
16 or for the restoration of the minor to the custody of his
17 parents or former guardian or custodian. However, custody of
18 the minor shall not be restored to any parent, guardian or
19 legal custodian in any case in which the minor is found to be
20 neglected or abused under Section 2-3 of this Act, unless it
21 is in the best interest of the minor, and if such neglect or
22 abuse is found by the court under paragraph (2) of Section
23 2-21 of this Act to be the result of physical abuse inflicted
24 on the minor by such parent, guardian or legal custodian,
25 until such time as an investigation is made as provided in
26 paragraph (4) and a hearing is held on the issue of the
27 fitness of such parent, guardian or legal custodian to care
28 for the minor and the court enters an order that such parent,
29 guardian or legal custodian is fit to care for the minor. In
30 the event that the minor has attained 18 years of age and the
31 guardian or custodian petitions the court for an order
32 terminating his guardianship or custody, guardianship or
33 custody shall terminate automatically 30 days after the
34 receipt of the petition unless the court orders otherwise.
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1 No legal custodian or guardian of the person may be removed
2 without his consent until given notice and an opportunity to
3 be heard by the court.
4 (5) Whenever a parent, guardian, or legal custodian
5 petitions for restoration of custody of the minor, and the
6 minor was adjudicated neglected or abused as a result of
7 physical abuse, the court shall cause to be made an
8 investigation as to whether the petitioner has ever been
9 charged with or convicted of any criminal offense which would
10 indicate the likelihood of any further physical abuse to the
11 minor. Evidence of such criminal convictions shall be taken
12 into account in determining fitness of the parent, guardian,
13 or legal custodian.
14 (a) Any agency of this State or any subdivision
15 thereof shall co-operate with the agent of the court in
16 providing any information sought in the investigation.
17 (b) The information derived from the investigation
18 and any conclusions or recommendations derived from the
19 information shall be provided to the parent, guardian, or
20 legal custodian seeking restoration of custody prior to
21 the hearing on fitness and the petitioner shall have an
22 opportunity at the hearing to refute the information or
23 contest its significance.
24 (c) All information obtained from any investigation
25 shall be confidential as provided in Section 5-150 1-10
26 of this Act.
27 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
28 12-2-94; 89-17, eff. 5-31-95; 89-21, eff. 7-1-95; 89-626,
29 eff. 8-9-96.)
30 (705 ILCS 405/3-8) (from Ch. 37, par. 803-8)
31 Sec. 3-8. Duty of officer; admissions by minor. (1) A
32 law enforcement officer who takes a minor into custody with a
33 warrant shall immediately make a reasonable attempt to notify
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1 the parent or other person legally responsible for the
2 minor's care or the person with whom the minor resides that
3 the minor has been taken into custody and where he or she is
4 being held; and the officer shall without unnecessary delay
5 take the minor to the nearest juvenile police officer
6 designated for such purposes in the county of venue or shall
7 surrender the minor to a juvenile police officer in the city
8 or village where the offense is alleged to have been
9 committed.
10 The minor shall be delivered without unnecessary delay to
11 the court or to the place designated by rule or order of
12 court for the reception of minors. The court may not
13 designate a place of detention for the reception of minors,
14 unless the minor is alleged to be a person described in
15 subsection (3) of Section 5-105 5-3.
16 (2) A law enforcement officer who takes a minor into
17 custody without a warrant under Section 3-7 shall, if the
18 minor is not released, immediately make a reasonable attempt
19 to notify the parent or other person legally responsible for
20 the minor's care or the person with whom the minor resides
21 that the minor has been taken into custody and where the
22 minor is being held; and the law enforcement officer shall
23 without unnecessary delay take the minor to the nearest
24 juvenile police officer designated for such purposes in the
25 county of venue or shall surrender the minor to a juvenile
26 police officer in the city or village where the offense is
27 alleged to have been committed, or upon determining the true
28 identity of the minor, may release the minor to the parent or
29 other person legally responsible for the minor's care or the
30 person with whom the minor resides, if the minor is taken
31 into custody for an offense which would be a misdemeanor if
32 committed by an adult. If a minor is so released, the law
33 enforcement officer shall promptly notify a juvenile police
34 officer of the circumstances of the custody and release.
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1 (3) The juvenile police officer may take one of the
2 following actions:
3 (a) station adjustment with release of the minor;
4 (b) station adjustment with release of the minor to a
5 parent;
6 (c) station adjustment, release of the minor to a
7 parent, and referral of the case to community services;
8 (d) station adjustment, release of the minor to a
9 parent, and referral of the case to community services with
10 informal monitoring by a juvenile police officer;
11 (e) station adjustment and release of the minor to a
12 third person pursuant to agreement of the minor and parents;
13 (f) station adjustment, release of the minor to a third
14 person pursuant to agreement of the minor and parents, and
15 referral of the case to community services;
16 (g) station adjustment, release of the minor to a third
17 person pursuant to agreement of the minor and parent, and
18 referral to community services with informal monitoring by a
19 juvenile police officer;
20 (h) release of the minor to his or her parents and
21 referral of the case to a county juvenile probation officer
22 or such other public officer designated by the court;
23 (i) release of the minor to school officials of his
24 school during regular school hours;
25 (j) if the juvenile police officer reasonably believes
26 that there is an urgent and immediate necessity to keep the
27 minor in custody, the juvenile police officer shall deliver
28 the minor without unnecessary delay to the court or to the
29 place designated by rule or order of court for the reception
30 of minors; and
31 (k) any other appropriate action with consent of the
32 minor and a parent.
33 (Source: P.A. 86-628.)
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1 (705 ILCS 405/3-10) (from Ch. 37, par. 803-10)
2 Sec. 3-10. Investigation; release. When a minor is
3 delivered to the court, or to the place designated by the
4 court under Section 3-9 of this Act, a probation officer or
5 such other public officer designated by the court shall
6 immediately investigate the circumstances of the minor and
7 the facts surrounding his or her being taken into custody.
8 The minor shall be immediately released to the custody of his
9 or her parent, guardian, legal custodian or responsible
10 relative, unless the probation officer or such other public
11 officer designated by the court finds that further shelter
12 care is necessary as provided in Section 3-7. This Section
13 shall in no way be construed to limit Section 5-905 1-7.
14 (Source: P.A. 85-601.)
15 (705 ILCS 405/3-12) (from Ch. 37, par. 803-12)
16 Sec. 3-12. Shelter care hearing. At the appearance of
17 the minor before the court at the shelter care hearing, all
18 witnesses present shall be examined before the court in
19 relation to any matter connected with the allegations made in
20 the petition.
21 (1) If the court finds that there is not probable cause
22 to believe that the minor is a person requiring authoritative
23 intervention, it shall release the minor and dismiss the
24 petition.
25 (2) If the court finds that there is probable cause to
26 believe that the minor is a person requiring authoritative
27 intervention, the minor, his or her parent, guardian,
28 custodian and other persons able to give relevant testimony
29 shall be examined before the court. After such testimony, the
30 court may enter an order that the minor shall be released
31 upon the request of a parent, guardian or custodian if the
32 parent, guardian or custodian appears to take custody.
33 Custodian shall include any agency of the State which has
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1 been given custody or wardship of the child. The Court shall
2 require documentation by representatives of the Department of
3 Children and Family Services or the probation department as
4 to the reasonable efforts that were made to prevent or
5 eliminate the necessity of removal of the minor from his or
6 her home, and shall consider the testimony of any person as
7 to those reasonable efforts. If the court finds that it is a
8 matter of immediate and urgent necessity for the protection
9 of the minor or of the person or property of another that the
10 minor be placed in a shelter care facility, or that he or she
11 is likely to flee the jurisdiction of the court, and further
12 finds that reasonable efforts have been made or good cause
13 has been shown why reasonable efforts cannot prevent or
14 eliminate the necessity of removal of the minor from his or
15 her home, the court may prescribe shelter care and order that
16 the minor be kept in a suitable place designated by the court
17 or in a shelter care facility designated by the Department of
18 Children and Family Services or a licensed child welfare
19 agency; otherwise it shall release the minor from custody. If
20 the court prescribes shelter care, then in placing the minor,
21 the Department or other agency shall, to the extent
22 compatible with the court's order, comply with Section 7 of
23 the Children and Family Services Act. If the minor is ordered
24 placed in a shelter care facility of the Department of
25 Children and Family Services or a licensed child welfare
26 agency, the court shall, upon request of the Department or
27 other agency, appoint the Department of Children and Family
28 Services Guardianship Administrator or other appropriate
29 agency executive temporary custodian of the minor and the
30 court may enter such other orders related to the temporary
31 custody as it deems fit and proper, including the provision
32 of services to the minor or his family to ameliorate the
33 causes contributing to the finding of probable cause or to
34 the finding of the existence of immediate and urgent
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1 necessity. Acceptance of services shall not be considered an
2 admission of any allegation in a petition made pursuant to
3 this Act, nor may a referral of services be considered as
4 evidence in any proceeding pursuant to this Act, except where
5 the issue is whether the Department has made reasonable
6 efforts to reunite the family. In making its findings that
7 reasonable efforts have been made or that good cause has been
8 shown why reasonable efforts cannot prevent or eliminate the
9 necessity of removal of the minor from his or her home, the
10 court shall state in writing its findings concerning the
11 nature of the services that were offered or the efforts that
12 were made to prevent removal of the child and the apparent
13 reasons that such services or efforts could not prevent the
14 need for removal. The parents, guardian, custodian,
15 temporary custodian and minor shall each be furnished a copy
16 of such written findings. The temporary custodian shall
17 maintain a copy of the court order and written findings in
18 the case record for the child.
19 The order together with the court's findings of fact and
20 support thereof shall be entered of record in the court.
21 Once the court finds that it is a matter of immediate and
22 urgent necessity for the protection of the minor that the
23 minor be placed in a shelter care facility, the minor shall
24 not be returned to the parent, custodian or guardian until
25 the court finds that such placement is no longer necessary
26 for the protection of the minor.
27 (3) If prior to the shelter care hearing for a minor
28 described in Sections 2-3, 2-4, 3-3 and 4-3 the petitioner is
29 unable to serve notice on the party respondent, the shelter
30 care hearing may proceed ex-parte. A shelter care order from
31 an ex-parte hearing shall be endorsed with the date and hour
32 of issuance and shall be filed with the clerk's office and
33 entered of record. The order shall expire after 10 days from
34 the time it is issued unless before its expiration it is
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1 renewed, at a hearing upon appearance of the party
2 respondent, or upon an affidavit of the moving party as to
3 all diligent efforts to notify the party respondent by notice
4 as herein prescribed. The notice prescribed shall be in
5 writing and shall be personally delivered to the minor or the
6 minor's attorney and to the last known address of the other
7 person or persons entitled to notice. The notice shall also
8 state the nature of the allegations, the nature of the order
9 sought by the State, including whether temporary custody is
10 sought, and the consequences of failure to appear; and shall
11 explain the right of the parties and the procedures to vacate
12 or modify a shelter care order as provided in this Section.
13 The notice for a shelter care hearing shall be substantially
14 as follows:
15 NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING
16 On ................ at ........., before the Honorable
17 ................, (address:) ................., the State of
18 Illinois will present evidence (1) that (name of child or
19 children) ....................... are abused, neglected or
20 dependent for the following reasons:
21 .............................................................
22 and (2) that there is "immediate and urgent necessity" to
23 remove the child or children from the responsible relative.
24 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
25 PLACEMENT of the child or children in foster care until a
26 trial can be held. A trial may not be held for up to 90
27 days.
28 At the shelter care hearing, parents have the following
29 rights:
30 1. To ask the court to appoint a lawyer if they
31 cannot afford one.
32 2. To ask the court to continue the hearing to
33 allow them time to prepare.
34 3. To present evidence concerning:
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1 a. Whether or not the child or children were
2 abused, neglected or dependent.
3 b. Whether or not there is "immediate and
4 urgent necessity" to remove the child from home
5 (including: their ability to care for the child,
6 conditions in the home, alternative means of
7 protecting the child other than removal).
8 c. The best interests of the child.
9 4. To cross examine the State's witnesses.
10 The Notice for rehearings shall be substantially as
11 follows:
12 NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
13 TO REHEARING ON TEMPORARY CUSTODY
14 If you were not present at and did not have adequate
15 notice of the Shelter Care Hearing at which temporary custody
16 of ............... was awarded to ................, you have
17 the right to request a full rehearing on whether the State
18 should have temporary custody of ................. To
19 request this rehearing, you must file with the Clerk of the
20 Juvenile Court (address): ........................, in person
21 or by mailing a statement (affidavit) setting forth the
22 following:
23 1. That you were not present at the shelter care
24 hearing.
25 2. That you did not get adequate notice (explaining
26 how the notice was inadequate).
27 3. Your signature.
28 4. Signature must be notarized.
29 The rehearing should be scheduled within one day of your
30 filing this affidavit.
31 At the rehearing, your rights are the same as at the
32 initial shelter care hearing. The enclosed notice explains
33 those rights.
34 At the Shelter Care Hearing, children have the following
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1 rights:
2 1. To have a guardian ad litem appointed.
3 2. To be declared competent as a witness and to
4 present testimony concerning:
5 a. Whether they are abused, neglected or
6 dependent.
7 b. Whether there is "immediate and urgent
8 necessity" to be removed from home.
9 c. Their best interests.
10 3. To cross examine witnesses for other parties.
11 4. To obtain an explanation of any proceedings and
12 orders of the court.
13 (4) If the parent, guardian, legal custodian,
14 responsible relative, or counsel of the minor did not have
15 actual notice of or was not present at the shelter care
16 hearing, he or she may file an affidavit setting forth these
17 facts, and the clerk shall set the matter for rehearing not
18 later than 48 hours, excluding Sundays and legal holidays,
19 after the filing of the affidavit. At the rehearing, the
20 court shall proceed in the same manner as upon the original
21 hearing.
22 (5) Only when there is reasonable cause to believe that
23 the minor taken into custody is a person described in
24 subsection (3) of Section 5-105 5-3 may the minor be kept or
25 detained in a detention home or county or municipal jail.
26 This Section shall in no way be construed to limit subsection
27 (6).
28 (6) No minor under 16 years of age may be confined in a
29 jail or place ordinarily used for the confinement of
30 prisoners in a police station. Minors under 17 years of age
31 must be kept separate from confined adults and may not at any
32 time be kept in the same cell, room, or yard with adults
33 confined pursuant to the criminal law.
34 (7) If the minor is not brought before a judicial
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1 officer within the time period specified in Section 3-11, the
2 minor must immediately be released from custody.
3 (8) If neither the parent, guardian or custodian appears
4 within 24 hours to take custody of a minor released upon
5 request pursuant to subsection (2) of this Section, then the
6 clerk of the court shall set the matter for rehearing not
7 later than 7 days after the original order and shall issue a
8 summons directed to the parent, guardian or custodian to
9 appear. At the same time the probation department shall
10 prepare a report on the minor. If a parent, guardian or
11 custodian does not appear at such rehearing, the judge may
12 enter an order prescribing that the minor be kept in a
13 suitable place designated by the Department of Children and
14 Family Services or a licensed child welfare agency.
15 (9) Notwithstanding any other provision of this Section,
16 any interested party, including the State, the temporary
17 custodian, an agency providing services to the minor or
18 family under a service plan pursuant to Section 8.2 of the
19 Abused and Neglected Child Reporting Act, foster parent, or
20 any of their representatives, on notice to all parties
21 entitled to notice, may file a motion to modify or vacate a
22 temporary custody order on any of the following grounds:
23 (a) It is no longer a matter of immediate and
24 urgent necessity that the minor remain in shelter care;
25 or
26 (b) There is a material change in the circumstances
27 of the natural family from which the minor was removed;
28 or
29 (c) A person, including a parent, relative or legal
30 guardian, is capable of assuming temporary custody of the
31 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.
2 The clerk shall set the matter for hearing not later than
3 14 days after such motion is filed. In the event that the
4 court modifies or vacates a temporary custody order but does
5 not vacate its finding of probable cause, the court may order
6 that appropriate services be continued or initiated in behalf
7 of the minor and his or her family.
8 (Source: P.A. 89-422.)
9 (705 ILCS 405/3-14) (from Ch. 37, par. 803-14)
10 Sec. 3-14. Preliminary conferences. (1) The court may
11 authorize the probation officer to confer in a preliminary
12 conference with any person seeking to file a petition under
13 Section 3-15, the prospective respondents and other
14 interested persons concerning the advisability of filing the
15 petition, with a view to adjusting suitable cases without the
16 filing of a petition.
17 The probation officer should schedule a conference
18 promptly except where the State's Attorney insists on court
19 action or where the minor has indicated that he or she will
20 demand a judicial hearing and will not comply with an
21 informal adjustment.
22 (2) In any case of a minor who is in temporary custody,
23 the holding of preliminary conferences does not operate to
24 prolong temporary custody beyond the period permitted by
25 Section 3-11.
26 (3) This Section does not authorize any probation
27 officer to compel any person to appear at any conference,
28 produce any papers, or visit any place.
29 (4) No statement made during a preliminary conference
30 may be admitted into evidence at an adjudicatory hearing or
31 at any proceeding against the minor under the criminal laws
32 of this State prior to his or her conviction thereunder.
33 (5) The probation officer shall promptly formulate a
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1 written, non-judicial adjustment plan following the initial
2 conference.
3 (6) Non-judicial adjustment plans include but are not
4 limited to the following:
5 (a) up to 6 months informal supervision within family;
6 (b) up to 6 months informal supervision with a probation
7 officer involved;
8 (c) up to 6 months informal supervision with release to
9 a person other than parent;
10 (d) referral to special educational, counseling or other
11 rehabilitative social or educational programs;
12 (e) referral to residential treatment programs; and
13 (f) any other appropriate action with consent of the
14 minor and a parent.
15 (7) The factors to be considered by the probation
16 officer in formulating a written non-judicial adjustment plan
17 shall be the same as those limited in subsection (4) of
18 Section 5-405 5-6.
19 (Source: P.A. 86-639.)
20 (705 ILCS 405/4-9) (from Ch. 37, par. 804-9)
21 Sec. 4-9. Shelter care hearing. At the appearance of
22 the minor before the court at the shelter care hearing, all
23 witnesses present shall be examined before the court in
24 relation to any matter connected with the allegations made in
25 the petition.
26 (1) If the court finds that there is not probable cause
27 to believe that the minor is addicted, it shall release the
28 minor and dismiss the petition.
29 (2) If the court finds that there is probable cause to
30 believe that the minor is addicted, the minor, his or her
31 parent, guardian, custodian and other persons able to give
32 relevant testimony shall be examined before the court. After
33 such testimony, the court may enter an order that the minor
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1 shall be released upon the request of a parent, guardian or
2 custodian if the parent, guardian or custodian appears to
3 take custody and agrees to abide by a court order which
4 requires the minor and his or her parent, guardian, or legal
5 custodian to complete an evaluation by an entity licensed by
6 the Department of Human Services, as the successor to the
7 Department of Alcoholism and Substance Abuse, and complete
8 any treatment recommendations indicated by the assessment.
9 Custodian shall include any agency of the State which has
10 been given custody or wardship of the child.
11 The Court shall require documentation by representatives
12 of the Department of Children and Family Services or the
13 probation department as to the reasonable efforts that were
14 made to prevent or eliminate the necessity of removal of the
15 minor from his or her home, and shall consider the testimony
16 of any person as to those reasonable efforts. If the court
17 finds that it is a matter of immediate and urgent necessity
18 for the protection of the minor or of the person or property
19 of another that the minor be or placed in a shelter care
20 facility or that he or she is likely to flee the jurisdiction
21 of the court, and further, finds that reasonable efforts have
22 been made or good cause has been shown why reasonable efforts
23 cannot prevent or eliminate the necessity of removal of the
24 minor from his or her home, the court may prescribe shelter
25 care and order that the minor be kept in a suitable place
26 designated by the court or in a shelter care facility
27 designated by the Department of Children and Family Services
28 or a licensed child welfare agency, or in a facility or
29 program licensed designated by the Department of Human
30 Services for shelter and treatment services; otherwise it
31 shall release the minor from custody. If the court
32 prescribes shelter care, then in placing the minor, the
33 Department or other agency shall, to the extent compatible
34 with the court's order, comply with Section 7 of the Children
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1 and Family Services Act. If the minor is ordered placed in a
2 shelter care facility of the Department of Children and
3 Family Services or a licensed child welfare agency, or in a
4 facility or program licensed designated by the Department of
5 Human Services for shelter and treatment services, the court
6 shall, upon request of the appropriate Department or other
7 agency, appoint the Department of Children and Family
8 Services Guardianship Administrator or other appropriate
9 agency executive temporary custodian of the minor and the
10 court may enter such other orders related to the temporary
11 custody as it deems fit and proper, including the provision
12 of services to the minor or his family to ameliorate the
13 causes contributing to the finding of probable cause or to
14 the finding of the existence of immediate and urgent
15 necessity. Acceptance of services shall not be considered an
16 admission of any allegation in a petition made pursuant to
17 this Act, nor may a referral of services be considered as
18 evidence in any proceeding pursuant to this Act, except where
19 the issue is whether the Department has made reasonable
20 efforts to reunite the family. In making its findings that
21 reasonable efforts have been made or that good cause has been
22 shown why reasonable efforts cannot prevent or eliminate the
23 necessity of removal of the minor from his or her home, the
24 court shall state in writing its findings concerning the
25 nature of the services that were offered or the efforts that
26 were made to prevent removal of the child and the apparent
27 reasons that such services or efforts could not prevent the
28 need for removal. The parents, guardian, custodian,
29 temporary custodian and minor shall each be furnished a copy
30 of such written findings. The temporary custodian shall
31 maintain a copy of the court order and written findings in
32 the case record for the child. The order together with the
33 court's findings of fact in support thereof shall be entered
34 of record in the court.
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1 Once the court finds that it is a matter of immediate and
2 urgent necessity for the protection of the minor that the
3 minor be placed in a shelter care facility, the minor shall
4 not be returned to the parent, custodian or guardian until
5 the court finds that such placement is no longer necessary
6 for the protection of the minor.
7 (3) If neither the parent, guardian, legal custodian,
8 responsible relative nor counsel of the minor has had actual
9 notice of or is present at the shelter care hearing, he or
10 she may file his or her affidavit setting forth these facts,
11 and the clerk shall set the matter for rehearing not later
12 than 24 hours, excluding Sundays and legal holidays, after
13 the filing of the affidavit. At the rehearing, the court
14 shall proceed in the same manner as upon the original
15 hearing.
16 (4) If the minor is not brought before a judicial
17 officer within the time period as specified in Section 4-8,
18 the minor must immediately be released from custody.
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 neither the parent, guardian or custodian appears
32 within 24 hours to take custody of a minor released upon
33 request pursuant to subsection (2) of this Section, then the
34 clerk of the court shall set the matter for rehearing not
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1 later than 7 days after the original order and shall issue a
2 summons directed to the parent, guardian or custodian to
3 appear. At the same time the probation department shall
4 prepare a report on the minor. If a parent, guardian or
5 custodian does not appear at such rehearing, the judge may
6 enter an order prescribing that the minor be kept in a
7 suitable place designated by the Department of Children and
8 Family Services or a licensed child welfare agency.
9 (8) Any interested party, including the State, the
10 temporary custodian, an agency providing services to the
11 minor or family under a service plan pursuant to Section 8.2
12 of the Abused and Neglected Child Reporting Act, foster
13 parent, or any of their representatives, may file a motion to
14 modify or vacate a temporary custody order on any of the
15 following grounds:
16 (a) It is no longer a matter of immediate and
17 urgent necessity that the minor remain in shelter care;
18 or
19 (b) There is a material change in the circumstances
20 of the natural family from which the minor was removed;
21 or
22 (c) A person, including a parent, relative or legal
23 guardian, is capable of assuming temporary custody of the
24 minor; or
25 (d) Services provided by the Department of Children
26 and Family Services or a child welfare agency or other
27 service provider have been successful in eliminating the
28 need for temporary custody.
29 The clerk shall set the matter for hearing not later than
30 14 days after such motion is filed. In the event that the
31 court modifies or vacates a temporary custody order but does
32 not vacate its finding of probable cause, the court may order
33 that appropriate services be continued or initiated in behalf
34 of the minor and his or her family.
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1 (Source: P.A. 89-422; 89-507, eff. 7-1-97.)
2 (705 ILCS 405/4-11) (from Ch. 37, par. 804-11)
3 Sec. 4-11. Preliminary conferences.
4 (1) The court may authorize the probation officer to
5 confer in a preliminary conference with any person seeking to
6 file a petition under this Article, the prospective
7 respondents and other interested persons concerning the
8 advisability of filing the petition, with a view to adjusting
9 suitable cases without the filing of a petition as provided
10 for herein.
11 The probation officer should schedule a conference
12 promptly except where the State's Attorney insists on court
13 action or where the minor has indicated that he or she will
14 demand a judicial hearing and will not comply with an
15 informal adjustment.
16 (2) In any case of a minor who is in temporary custody,
17 the holding of preliminary conferences does not operate to
18 prolong temporary custody beyond the period permitted by
19 Section 4-8.
20 (3) This Section does not authorize any probation
21 officer to compel any person to appear at any conference,
22 produce any papers, or visit any place.
23 (4) No statement made during a preliminary conference
24 may be admitted into evidence at an adjudicatory hearing or
25 at any proceeding against the minor under the criminal laws
26 of this State prior to his or her conviction thereunder.
27 (5) The probation officer shall promptly formulate a
28 written non-judicial adjustment plan following the initial
29 conference.
30 (6) Non-judicial adjustment plans include but are not
31 limited to the following:
32 (a) up to 6 months informal supervision within the
33 family;
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1 (b) up to 12 months informal supervision with a
2 probation officer involved;
3 (c) up to 6 months informal supervision with
4 release to a person other than a parent;
5 (d) referral to special educational, counseling or
6 other rehabilitative social or educational programs;
7 (e) referral to residential treatment programs; and
8 (f) any other appropriate action with consent of
9 the minor and a parent.
10 (7) The factors to be considered by the probation
11 officer in formulating a written non-judicial adjustment plan
12 shall be the same as those limited in subsection (4) of
13 Section 5-405 5-6.
14 (Source: P.A. 89-198, eff. 7-21-95.)
15 (705 ILCS 405/Art. V, Part 1 heading new)
16 PART 1. GENERAL PROVISIONS
17 (705 ILCS 405/5-101 new)
18 Sec. 5-101. Purpose and policy.
19 (1) It is the intent of the General Assembly to promote
20 a juvenile justice system capable of dealing with the problem
21 of juvenile delinquency, a system that will protect the
22 community, impose accountability for violations of law and
23 equip juvenile offenders with competencies to live
24 responsibly and productively. To effectuate this intent, the
25 General Assembly declares the following to be important
26 purposes of this Article:
27 (a) To protect citizens from juvenile crime.
28 (b) To hold each juvenile offender directly
29 accountable for his or her acts.
30 (c) To provide an individualized assessment of each
31 alleged and adjudicated delinquent juvenile, in order to
32 rehabilitate and to prevent further delinquent behavior
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1 through the development of competency in the juvenile
2 offender. As used in this Section, "competency" means
3 the development of educational, vocational, social,
4 emotional and basic life skills which enable a minor to
5 mature into a productive member of society.
6 (d) To provide due process, as required by the
7 Constitutions of the United States and the State of
8 Illinois, through which each juvenile offender and all
9 other interested parties are assured fair hearings at
10 which legal rights are recognized and enforced.
11 (2) To accomplish these goals, juvenile justice policies
12 developed pursuant to this Article shall be designed to:
13 (a) Promote the development and implementation of
14 community-based programs designed to prevent unlawful and
15 delinquent behavior and to effectively minimize the depth
16 and duration of the minor's involvement in the juvenile
17 justice system;
18 (b) Provide secure confinement for minors who
19 present a danger to the community and make those minors
20 understand that sanctions for serious crimes,
21 particularly violent felonies, should be commensurate
22 with the seriousness of the offense and merit strong
23 punishment;
24 (c) Protect the community from crimes committed by
25 minors;
26 (d) Provide programs and services that are
27 community-based and that are in close proximity to the
28 minor's home;
29 (e) Allow minors to reside within their homes
30 whenever possible and appropriate and provide support
31 necessary to make this possible;
32 (f) Base probation treatment planning upon
33 individual case management plans;
34 (g) Include the minor's family in the case
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1 management plan;
2 (h) Provide supervision and service coordination
3 where appropriate; implement and monitor the case
4 management plan in order to discourage recidivism;
5 (i) Provide post-release services to minors who are
6 returned to their families and communities after
7 detention;
8 (j) Hold minors accountable for their unlawful
9 behavior and not allow minors to think that their
10 delinquent acts have no consequence for themselves and
11 others.
12 (3) In all procedures under this Article, minors shall
13 have all the procedural rights of adults in criminal
14 proceedings, unless specifically precluded by laws that
15 enhance the protection of such minors. Minors shall not have
16 the right to a jury trial unless specifically provided by
17 this Article.
18 (705 ILCS 405/5-105 new)
19 Sec. 5-105. Definitions. As used in this Article:
20 (1) "Court" means the circuit court in a session or
21 division assigned to hear proceedings under this Act, and
22 includes the term Juvenile Court.
23 (2) "Community service" means uncompensated labor for a
24 community service agency as hereinafter defined.
25 (2.5) "Community service agency" means a not-for-profit
26 organization, community organization, public office, or other
27 public body whose purpose is to enhance the physical or
28 mental health of a delinquent minor or to rehabilitate the
29 minor, or to improve the environmental quality or social
30 welfare of the community which agrees to accept community
31 service from juvenile delinquents and to report on the
32 progress of the community service to the State's Attorney
33 pursuant to an agreement or to the court or to any agency
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1 designated by the court if so ordered.
2 (3) "Delinquent minor" means any minor who prior to his
3 or her 17th birthday has violated or attempted to violate,
4 regardless of where the act occurred, any federal or State
5 law, county or municipal ordinance.
6 (4) "Department" means the Department of Human Services
7 unless specifically referenced as another department.
8 (5) "Detention" means the temporary care of a minor who
9 is alleged to be or has been adjudicated delinquent and who
10 requires secure custody for the minor's own protection or the
11 community's protection in a facility designed to physically
12 restrict the minor's movements, pending disposition by the
13 court or execution of an order of the court for placement or
14 commitment. Design features that physically restrict
15 movement include, but are not limited to, locked rooms and
16 the secure handcuffing of a minor to a rail or other
17 stationary object. In addition, "detention" includes the
18 court ordered care of an alleged or adjudicated delinquent
19 minor who requires secure custody pursuant to Section 5-125
20 of this Act.
21 (6) "Diversion" means the referral of a juvenile,
22 without court intervention, into a program that provides
23 services designed to educate the juvenile and develop a
24 productive and responsible approach to living in the
25 community.
26 (7) "Juvenile detention home" means a public facility
27 with specially trained staff that conforms to the county
28 juvenile detention standards promulgated by the Department of
29 Corrections.
30 (8) "Juvenile justice continuum" means a set of
31 delinquency prevention programs and services designed for the
32 purpose of preventing or reducing delinquent acts, including
33 criminal activity by youth gangs, as well as intervention,
34 rehabilitation, and prevention services targeted at minors
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1 who have committed delinquent acts, and minors who have
2 previously been committed to residential treatment programs
3 for delinquents. The term includes
4 children-in-need-of-services and families-in-need-of-services
5 programs; aftercare and reentry services; substance abuse and
6 mental health programs; community service programs; community
7 service work programs; and alternative-dispute resolution
8 programs serving youth-at-risk of delinquency and their
9 families, whether offered or delivered by State or local
10 governmental entities, public or private for-profit or
11 not-for-profit organizations, or religious or charitable
12 organizations. This term would also encompass any program or
13 service consistent with the purpose of those programs and
14 services enumerated in this subsection.
15 (9) "Juvenile police officer" means a sworn police
16 officer who has completed a Basic Recruit Training Course,
17 has been assigned to the position of juvenile police officer
18 by his or her chief law enforcement officer and has completed
19 the necessary juvenile officers training as prescribed by the
20 Illinois Law Enforcement Training Standards Board, or in the
21 case of a State police officer, juvenile officer training
22 approved by the Director of State Police.
23 (10) "Minor" means a person under the age of 21 years
24 subject to this Act.
25 (11) "Non-secure custody" means confinement where the
26 minor is not physically restricted by being placed in a
27 locked cell or room, by being handcuffed to a rail or other
28 stationary object, or by other means. Non-secure custody may
29 include, but is not limited to, electronic monitoring, foster
30 home placement, home confinement, group home placement, or
31 physical restriction of movement or activity solely through
32 facility staff.
33 (12) "Public or community service" means uncompensated
34 labor for a non-profit organization or public body whose
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1 purpose is to enhance physical or mental stability of the
2 offender, environmental quality or the social welfare and
3 which agrees to accept public or community service from
4 offenders and to report on the progress of the offender and
5 the public or community service to the court.
6 (13) "Sentencing hearing" means a hearing to determine
7 whether a minor should be adjudged a ward of the court, and
8 to determine what sentence should be imposed on the minor.
9 It is the intent of the General Assembly that the term
10 "sentencing hearing" replace the term "dispositional hearing"
11 and be synonymous with that definition as it was used in the
12 Juvenile Court Act of 1987.
13 (14) "Shelter" means the temporary care of a minor in
14 physically unrestricting facilities pending court disposition
15 or execution of court order for placement.
16 (15) "Site" means a non-profit organization or public
17 body agreeing to accept community service from offenders and
18 to report on the progress of ordered public or community
19 service to the court or its delegate.
20 (16) "Station adjustment" means the informal or formal
21 handling of an alleged offender by a juvenile police officer.
22 (17) "Trial" means a hearing to determine whether the
23 allegations of a petition under Section 5-520 that a minor is
24 delinquent are proved beyond a reasonable doubt. It is the
25 intent of the General Assembly that the term "trial" replace
26 the term "adjudicatory hearing" and be synonymous with that
27 definition as it was used in the Juvenile Court Act of 1987.
28 (705 ILCS 405/5-110 new)
29 Sec. 5-110. Parental responsibility. This Article
30 recognizes the critical role families play in the
31 rehabilitation of delinquent juveniles. Parents, guardians
32 and legal custodians shall participate in the assessment and
33 treatment of juveniles by assisting the juvenile to recognize
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1 and accept responsibility for his or her delinquent behavior.
2 The Court may order the parents, guardian or legal custodian
3 to take certain actions or to refrain from certain actions to
4 serve public safety, to develop competency of the minor, and
5 to promote accountability by the minor for his or her
6 actions.
7 (705 ILCS 405/5-115 new)
8 Sec. 5-115. Rights of victims. In all proceedings under
9 this Article, victims shall have the same rights of victims
10 in criminal proceedings as provided in the Bill of Rights for
11 Children and the Rights of Crime Victims and Witnesses Act.
12 (705 ILCS 405/5-120 new)
13 Sec. 5-120. Exclusive jurisdiction. Proceedings may be
14 instituted under the provisions of this Article concerning
15 any minor who prior to the minor's 17th birthday has violated
16 or attempted to violate, regardless of where the act
17 occurred, any federal or State law or municipal or county
18 ordinance. Except as provided in Sections 5-125, 5-130,
19 5-805, and 5-810 of this Article, no minor who was under 17
20 years of age at the time of the alleged offense may be
21 prosecuted under the criminal laws of this State.
22 (705 ILCS 405/5-125 new)
23 Sec. 5-125. Concurrent jurisdiction. Any minor alleged
24 to have violated a traffic, boating, or fish and game law, or
25 a municipal or county ordinance, may be prosecuted for the
26 violation and if found guilty punished under any statute or
27 ordinance relating to the violation, without reference to the
28 procedures set out in this Article, except that any
29 detention, must be in compliance with this Article.
30 For the purpose of this Section, "traffic violation"
31 shall include a violation of Section 9-3 of the Criminal
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1 Code of 1961 relating to the offense of reckless homicide,
2 Section 11-501 of the Illinois Vehicle Code, or any similar
3 county or municipal ordinance.
4 (705 ILCS 405/5-130 new)
5 Sec. 5-130. Excluded jurisdiction.
6 (1)(a) The definition of delinquent minor under Section
7 5-120 of this Article shall not apply to any minor who at the
8 time of an offense was at least 15 years of age and who is
9 charged with first degree murder, aggravated criminal sexual
10 assault, armed robbery when the armed robbery was committed
11 with a firearm, or aggravated vehicular hijacking when the
12 hijacking was committed with a firearm. These charges and all
13 other charges arising out of the same incident shall be
14 prosecuted under the criminal laws of this 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 (1) 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 Code of 1961
21 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 (1) 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 Code of 1961.
30 (c) (i) If after trial or plea the minor is convicted of
31 any offense covered by paragraph (a) of this subsection (1),
32 then, in sentencing the minor, the court shall have available
33 any or all dispositions prescribed for that offense under
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1 Chapter V of the Unified Code of Corrections.
2 (ii) If after trial or plea the court finds that the
3 minor committed an offense not covered by paragraph (a) of
4 this subsection (1), that finding shall not invalidate the
5 verdict or the prosecution of the minor under the criminal
6 laws of the State; however, unless the State requests a
7 hearing for the purpose of sentencing the minor under Chapter
8 V of the Unified Code of Corrections, the Court must proceed
9 under Sections 5-705 and 5-710 of this Article. To request a
10 hearing, the State must file a written motion within 10 days
11 following the entry of a finding or the return of a verdict.
12 Reasonable notice of the motion shall be given to the minor
13 or his or her counsel. If the motion is made by the State,
14 the court shall conduct a hearing to determine if the minor
15 should be sentenced under Chapter V of the Unified Code of
16 Corrections. In making its determination, the court shall
17 consider: (a) whether there is evidence that the offense was
18 committed in an aggressive and premeditated manner; (b) the
19 age of the minor; (c) the previous history of the minor; (d)
20 whether there are facilities particularly available to the
21 Juvenile Court or the Department of Corrections, Juvenile
22 Division, for the treatment and rehabilitation of the minor;
23 (e) whether the security of the public requires sentencing
24 under Chapter V of the Unified Code of Corrections; and (f)
25 whether the minor possessed a deadly weapon when committing
26 the offense. The rules of evidence shall be the same as if
27 at trial. If after the hearing the court finds that the
28 minor should be sentenced under Chapter V of the Unified Code
29 of Corrections, then the court shall sentence the minor
30 accordingly having available to it any or all dispositions so
31 prescribed.
32 (2)(a) The definition of a delinquent minor under
33 Section 5-120 of this Article shall not apply to any minor
34 who at the time of the offense was at least 15 years of age
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1 and who is charged with an offense under Section 401 of the
2 Illinois Controlled Substances Act, while in a school,
3 regardless of the time of day or the time of year, or any
4 conveyance owned, leased or contracted by a school to
5 transport students to or from school or a school related
6 activity, or residential property owned, operated and managed
7 by a public housing agency, on the real property comprising
8 any school, regardless of the time of day or the time of
9 year, or residential property owned, operated and managed by
10 a public housing agency, or on a public way within 1,000 feet
11 of the real property comprising any school, regardless of the
12 time of day or the time of year, or residential property
13 owned, operated and managed by a public housing agency.
14 School is defined, for the purposes of this Section, as any
15 public or private elementary or secondary school, community
16 college, college, or university. These charges and all other
17 charges arising out of the same incident shall be prosecuted
18 under the criminal laws of this State.
19 (b) (i) If before trial or plea an information or
20 indictment is filed that does not charge an offense specified
21 in paragraph (a) of this subsection (2) the State's Attorney
22 may proceed on any lesser charge or charges, but only in
23 Juvenile Court under the provisions of this Article. The
24 State's Attorney may proceed under the criminal laws of this
25 State on a lesser charge if before trial the minor defendant
26 knowingly and with advice of counsel waives, in writing, his
27 or her right to have the matter proceed in Juvenile Court.
28 (ii) If before trial or plea an information or indictment
29 is filed that includes one or more charges specified in
30 paragraph (a) of this subsection (2) and additional charges
31 that are not specified in that paragraph, all of the charges
32 arising out of the same incident shall be prosecuted under
33 the criminal laws of this State.
34 (c) (i) If after trial or plea the minor is convicted of
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1 any offense covered by paragraph (a) of this subsection (2),
2 then, in sentencing the minor, the court shall have available
3 any or all dispositions prescribed for that offense under
4 Chapter V of the Unified Code of Corrections.
5 (ii) If after trial or plea the court finds that the
6 minor committed an offense not covered by paragraph (a) of
7 this subsection (2), that finding shall not invalidate the
8 verdict or the prosecution of the minor under the criminal
9 laws of the State; however, unless the State requests a
10 hearing for the purpose of sentencing the minor under Chapter
11 V of the Unified Code of Corrections, the Court must proceed
12 under Sections 5-705 and 5-710 of this Article. To request a
13 hearing, the State must file a written motion within 10 days
14 following the entry of a finding or the return of a verdict.
15 Reasonable notice of the motion shall be given to the minor
16 or his or her counsel. If the motion is made by the State,
17 the court shall conduct a hearing to determine if the minor
18 should be sentenced under Chapter V of the Unified Code of
19 Corrections. In making its determination, the court shall
20 consider: (a) whether there is evidence that the offense was
21 committed in an aggressive and premeditated manner; (b) the
22 age of the minor; (c) the previous history of the minor; (d)
23 whether there are facilities particularly available to the
24 Juvenile Court or the Department of Corrections, Juvenile
25 Division, for the treatment and rehabilitation of the minor;
26 (e) whether the security of the public requires sentencing
27 under Chapter V of the Unified Code of Corrections; and (f)
28 whether the minor possessed a deadly weapon when committing
29 the offense. The rules of evidence shall be the same as if
30 at trial. If after the hearing the court finds that the
31 minor should be sentenced under Chapter V of the Unified Code
32 of Corrections, then the court shall sentence the minor
33 accordingly having available to it any or all dispositions so
34 prescribed.
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1 (3) (a) The definition of delinquent minor under Section
2 5-120 of this Article shall not apply to any minor who at the
3 time of the offense was at least 15 years of age and who is
4 charged with a violation of the provisions of paragraph (1),
5 (3), (4), or (10) of subsection (a) of Section 24-1 of the
6 Criminal Code of 1961 while in school, regardless of the time
7 of day or the time of year, or on the real property
8 comprising any school, regardless of the time of day or the
9 time of year. School is defined, for purposes of this Section
10 as any public or private elementary or secondary school,
11 community college, college, or university. These charges and
12 all other charges arising out of the same incident shall be
13 prosecuted under the criminal laws of this State.
14 (b) (i) If before trial or plea an information or
15 indictment is filed that does not charge an offense specified
16 in paragraph (a) of this subsection (3) the State's Attorney
17 may proceed on any lesser charge or charges, but only in
18 Juvenile Court under the provisions of this Article. The
19 State's Attorney may proceed under the criminal laws of this
20 State on a lesser charge if before trial the minor defendant
21 knowingly and with advice of counsel waives, in writing, his
22 or her right to have the matter proceed in Juvenile Court.
23 (ii) If before trial or plea an information or indictment
24 is filed that includes one or more charges specified in
25 paragraph (a) of this subsection (3) and additional charges
26 that are not specified in that paragraph, all of the charges
27 arising out of the same incident shall be prosecuted under
28 the criminal laws of this State.
29 (c) (i) If after trial or plea the minor is convicted of
30 any offense covered by paragraph (a) of this subsection (3),
31 then, in sentencing the minor, the court shall have available
32 any or all dispositions prescribed for that offense under
33 Chapter V of the Unified Code of Corrections.
34 (ii) If after trial or plea the court finds that the
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1 minor committed an offense not covered by paragraph (a) of
2 this subsection (3), that finding shall not invalidate the
3 verdict or the prosecution of the minor under the criminal
4 laws of the State; however, unless the State requests a
5 hearing for the purpose of sentencing the minor under Chapter
6 V of the Unified Code of Corrections, the Court must proceed
7 under Sections 5-705 and 5-710 of this Article. To request a
8 hearing, the State must file a written motion within 10 days
9 following the entry of a finding or the return of a verdict.
10 Reasonable notice of the motion shall be given to the minor
11 or his or her counsel. If the motion is made by the State,
12 the court shall conduct a hearing to determine if the minor
13 should be sentenced under Chapter V of the Unified Code of
14 Corrections. In making its determination, the court shall
15 consider: (a) whether there is evidence that the offense was
16 committed in an aggressive and premeditated manner; (b) the
17 age of the minor; (c) the previous history of the minor; (d)
18 whether there are facilities particularly available to the
19 Juvenile Court or the Department of Corrections, Juvenile
20 Division, for the treatment and rehabilitation of the minor;
21 (e) whether the security of the public requires sentencing
22 under Chapter V of the Unified Code of Corrections; and (f)
23 whether the minor possessed a deadly weapon when committing
24 the offense. The rules of evidence shall be the same as if
25 at trial. If after the hearing the court finds that the
26 minor should be sentenced under Chapter V of the Unified Code
27 of Corrections, then the court shall sentence the minor
28 accordingly having available to it any or all dispositions so
29 prescribed.
30 (4)(a) The definition of delinquent minor under Section
31 5-120 of this Article shall not apply to any minor who at the
32 time of an offense was at least 13 years of age and who is
33 charged with first degree murder committed during the course
34 of either aggravated criminal sexual assault, criminal sexual
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1 assault, or aggravated kidnaping. However, this subsection
2 (4) does not include a minor charged with first degree murder
3 based exclusively upon the accountability provisions of the
4 Criminal Code of 1961.
5 (b) (i) If before trial or plea an information or
6 indictment is filed that does not charge first degree murder
7 committed during the course of aggravated criminal sexual
8 assault, criminal sexual assault, or aggravated kidnaping,
9 the State's Attorney may proceed on any lesser charge or
10 charges, but only in Juvenile Court under the provisions of
11 this Article. The State's Attorney may proceed under the
12 criminal laws of this State on a lesser charge if before
13 trial the minor defendant knowingly and with advice of
14 counsel waives, in writing, his or her right to have the
15 matter proceed in Juvenile Court.
16 (ii) If before trial or plea an information or indictment
17 is filed that includes first degree murder committed during
18 the course of aggravated criminal sexual assault, criminal
19 sexual assault, or aggravated kidnaping, and additional
20 charges that are not specified in paragraph (a) of this
21 subsection, all of the charges arising out of the same
22 incident shall be prosecuted under the criminal laws of this
23 State.
24 (c) (i) If after trial or plea the minor is convicted of
25 first degree murder committed during the course of aggravated
26 criminal sexual assault, criminal sexual assault, or
27 aggravated kidnaping, in sentencing the minor, the court
28 shall have available any or all dispositions prescribed for
29 that offense under Chapter V of the Unified Code of
30 Corrections.
31 (ii) If the minor was not yet 15 years of age at the time
32 of the offense, and if after trial or plea the court finds
33 that the minor committed an offense other than first degree
34 murder committed during the course of either aggravated
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1 criminal sexual assault, criminal sexual assault, or
2 aggravated kidnapping, the finding shall not invalidate the
3 verdict or the prosecution of the minor under the criminal
4 laws of the State; however, unless the State requests a
5 hearing for the purpose of sentencing the minor under Chapter
6 V of the Unified Code of Corrections, the Court must proceed
7 under Sections 5-705 and 5-710 of this Article. To request a
8 hearing, the State must file a written motion within 10 days
9 following the entry of a finding or the return of a verdict.
10 Reasonable notice of the motion shall be given to the minor
11 or his or her counsel. If the motion is made by the State,
12 the court shall conduct a hearing to determine whether the
13 minor should be sentenced under Chapter V of the Unified Code
14 of Corrections. In making its determination, the court shall
15 consider: (a) whether there is evidence that the offense was
16 committed in an aggressive and premeditated manner; (b) the
17 age of the minor; (c) the previous delinquent history of the
18 minor; (d) whether there are facilities particularly
19 available to the Juvenile Court or the Department of
20 Corrections, Juvenile Division, for the treatment and
21 rehabilitation of the minor; (e) whether the best interest
22 of the minor and the security of the public require
23 sentencing under Chapter V of the Unified Code of
24 Corrections; and (f) whether the minor possessed a deadly
25 weapon when committing the offense. The rules of evidence
26 shall be the same as if at trial. If after the hearing the
27 court finds that the minor should be sentenced under Chapter
28 V of the Unified Code of Corrections, then the court shall
29 sentence the minor accordingly having available to it any or
30 all dispositions so prescribed.
31 (5)(a) The definition of delinquent minor under Section
32 5-120 of this Article shall not apply to any minor who is
33 charged with a violation of subsection (a) of Section 31-6 or
34 Section 32-10 of the Criminal Code of 1961 when the minor is
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1 subject to prosecution under the criminal laws of this State
2 as a result of the application of the provisions of Section
3 5-125, or subsection (1) or (2) of this Section. These
4 charges and all other charges arising out of the same
5 incident shall be prosecuted under the criminal laws of this
6 State.
7 (b) (i) If before trial or plea an information or
8 indictment is filed that does not charge an offense specified
9 in paragraph (a) of this subsection (5), the State's Attorney
10 may proceed on any lesser charge or charges, but only in
11 Juvenile Court under the provisions of this Article. The
12 State's Attorney may proceed under the criminal laws of this
13 State on a lesser charge if before trial the minor defendant
14 knowingly and with advice of counsel waives, in writing, his
15 or her right to have the matter proceed in Juvenile Court.
16 (ii) If before trial or plea an information or indictment
17 is filed that includes one or more charges specified in
18 paragraph (a) of this subsection (5) and additional charges
19 that are not specified in that paragraph, all of the charges
20 arising out of the same incident shall be prosecuted under
21 the criminal laws of this State.
22 (c) (i) If after trial or plea the minor is convicted of
23 any offense covered by paragraph (a) of this subsection (5),
24 then, in sentencing the minor, the court shall have available
25 any or all dispositions prescribed for that offense under
26 Chapter V of the Unified Code of Corrections.
27 (ii) If after trial or plea the court finds that the
28 minor committed an offense not covered by paragraph (a) of
29 this subsection (5), the conviction shall not invalidate the
30 verdict or the prosecution of the minor under the criminal
31 laws of this State; however, unless the State requests a
32 hearing for the purpose of sentencing the minor under Chapter
33 V of the Unified Code of Corrections, the Court must proceed
34 under Sections 5-705 and 5-710 of this Article. To request a
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1 hearing, the State must file a written motion within 10 days
2 following the entry of a finding or the return of a verdict.
3 Reasonable notice of the motion shall be given to the minor
4 or his or her counsel. If the motion is made by the State,
5 the court shall conduct a hearing to determine if whether the
6 minor should be sentenced under Chapter V of the Unified Code
7 of Corrections. In making its determination, the court shall
8 consider: (a) whether there is evidence that the offense was
9 committed in an aggressive and premeditated manner; (b) the
10 age of the minor; (c) the previous delinquent history of the
11 minor; (d) whether there are facilities particularly
12 available to the Juvenile Court or the Department of
13 Corrections, Juvenile Division, for the treatment and
14 rehabilitation of the minor; (e) whether the security of the
15 public requires sentencing under Chapter V of the Unified
16 Code of Corrections; and (f) whether the minor possessed a
17 deadly weapon when committing the offense. The rules of
18 evidence shall be the same as if at trial. If after the
19 hearing the court finds that the minor should be sentenced
20 under Chapter V of the Unified Code of Corrections, then the
21 court shall sentence the minor accordingly having available
22 to it any or all dispositions so prescribed.
23 (6) The definition of delinquent minor under Section
24 5-120 of this Article shall not apply to any minor who,
25 pursuant to subsection (1), (2), or (3) or Section 5-805, or
26 5-810, has previously been placed under the jurisdiction of
27 the criminal court and has been convicted of a crime under an
28 adult criminal or penal statute. Such a minor shall be
29 subject to prosecution under the criminal laws of this State.
30 (7) The procedures set out in this Article for the
31 investigation, arrest and prosecution of juvenile offenders
32 shall not apply to minors who are excluded from jurisdiction
33 of the Juvenile Court, except that minors under 17 years of
34 age shall be kept separate from confined adults.
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1 (8) Nothing in this Act prohibits or limits the
2 prosecution of any minor for an offense committed on or after
3 his or her 17th birthday even though he or she is at the time
4 of the offense a ward of the court.
5 (9) If an original petition for adjudication of wardship
6 alleges the commission by a minor 13 years of age or over of
7 an act that constitutes a crime under the laws of this State,
8 the minor, with the consent of his or her counsel, may, at
9 any time before commencement of the adjudicatory hearing,
10 file with the court a motion that criminal prosecution be
11 ordered and that the petition be dismissed insofar as the act
12 or acts involved in the criminal proceedings are concerned.
13 If such a motion is filed as herein provided, the court shall
14 enter its order accordingly.
15 (705 ILCS 405/5-135 new)
16 Sec. 5-135. Venue.
17 (1) Venue under this Article lies in the county where
18 the minor resides, where the alleged violation or attempted
19 violation of federal, State, county or municipal ordinance
20 occurred or in the county where the order of the court,
21 alleged to have been violated by the minor, was made unless
22 subsequent to the order the proceedings have been transferred
23 to another county.
24 (2) If proceedings are commenced in any county other
25 than that of the minor's residence, the court in which the
26 proceedings were initiated may at any time before or after
27 adjudication of wardship transfer the case to the county of
28 the minor's residence by transmitting to the court in that
29 county an authenticated copy of the court record, including
30 all documents, petitions and orders filed in that court, a
31 copy of all reports prepared by the agency providing services
32 to the minor, and the minute orders and docket entries of the
33 court. Transfer in like manner may be made in the event of a
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1 change of residence from one county to another of a minor
2 concerning whom proceedings are pending.
3 (705 ILCS 405/5-140 new)
4 Sec. 5-140. Legislative findings.
5 (a) The General Assembly finds that a substantial and
6 disproportionate amount of serious crime is committed by a
7 relatively small number of juvenile offenders, otherwise
8 known as serious habitual offenders. By this amendatory Act
9 of 1998, the General Assembly intends to support the efforts
10 of the juvenile justice system comprised of law enforcement,
11 state's attorneys, probation departments, juvenile courts,
12 social service providers, and schools in the early
13 identification and treatment of habitual juvenile offenders.
14 The General Assembly further supports increased interagency
15 efforts to gather comprehensive data and actively disseminate
16 the data to the agencies in the juvenile justice system to
17 produce more informed decisions by all entities in that
18 system.
19 (b) The General Assembly finds that the establishment of
20 a Serious Habitual Offender Comprehensive Action Program
21 throughout the State of Illinois is necessary to effectively
22 intensify the supervision of serious habitual juvenile
23 offenders in the community and to enhance current
24 rehabilitative efforts. A cooperative and coordinated
25 multi-disciplinary approach will increase the opportunity for
26 success with juvenile offenders and assist in the development
27 of early intervention strategies.
28 (705 ILCS 405/5-145 new)
29 Sec. 5-145. Cooperation of agencies; Serious Habitual
30 Offender Comprehensive Action Program.
31 (a) The Serious Habitual Offender Comprehensive Action
32 Program (SHOCAP) is a multi-disciplinary interagency case
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1 management and information sharing system that enables the
2 juvenile justice system, schools, and social service agencies
3 to make more informed decisions regarding a small number of
4 juveniles who repeatedly commit serious delinquent acts.
5 (b) Each county in the State of Illinois, other than
6 Cook County, may establish a multi-disciplinary agency
7 (SHOCAP) committee. In Cook County, each subcircuit or group
8 of subcircuits may establish a multi-disciplinary agency
9 (SHOCAP) committee. The committee shall consist of
10 representatives from the following agencies: local law
11 enforcement, area school district, state's attorney's office,
12 and court services (probation).
13 The chairman may appoint additional members to the
14 committee as deemed appropriate to accomplish the goals of
15 this program, including, but not limited to, representatives
16 from the juvenile detention center, mental health, the
17 Illinois Department of Children and Family Services,
18 Department of Human Services and community representatives at
19 large.
20 (c) The SHOCAP committee shall adopt, by a majority of
21 the members:
22 (1) criteria that will identify those who qualify
23 as a serious habitual juvenile offender; and
24 (2) a written interagency information sharing
25 agreement to be signed by the chief executive officer of
26 each of the agencies represented on the committee. The
27 interagency information sharing agreement shall include a
28 provision that requires that all records pertaining to a
29 serious habitual offender (SHO) shall be confidential.
30 Disclosure of information may be made to other staff from
31 member agencies as authorized by the SHOCAP committee for
32 the furtherance of case management and tracking of the
33 SHO. Staff from the member agencies who receive this
34 information shall be governed by the confidentiality
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1 provisions of this Act. The staff from the member
2 agencies who will qualify to have access to the SHOCAP
3 information must be limited to those individuals who
4 provide direct services to the SHO or who provide
5 supervision of the SHO.
6 (d) The Chief Juvenile Circuit Judge, or the Chief
7 Circuit Judge, or his or her designee, may issue a
8 comprehensive information sharing court order. The court
9 order shall allow agencies who are represented on the SHOCAP
10 committee and whose chief executive officer has signed the
11 interagency information sharing agreement to provide and
12 disclose information to the SHOCAP committee. The sharing of
13 information will ensure the coordination and cooperation of
14 all agencies represented in providing case management and
15 enhancing the effectiveness of the SHOCAP efforts.
16 (e) Any person or agency who is participating in good
17 faith in the sharing of SHOCAP information under this Act
18 shall have immunity from any liability, civil, criminal, or
19 otherwise, that might result by reason of the type of
20 information exchanged. For the purpose of any proceedings,
21 civil or criminal, the good faith of any person or agency
22 permitted to share SHOCAP information under this Act shall be
23 presumed.
24 (f) All reports concerning SHOCAP clients made available
25 to members of the SHOCAP committee and all records generated
26 from these reports shall be confidential and shall not be
27 disclosed, except as specifically authorized by this Act or
28 other applicable law. It is a Class A misdemeanor to permit,
29 assist, or encourage the unauthorized release of any
30 information contained in SHOCAP reports or records.
31 (705 ILCS 405/5-150 new)
32 Sec. 5-150. Admissibility of evidence and adjudications
33 in other proceedings.
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1 (1) Evidence and adjudications in proceedings under this
2 Act shall be admissible:
3 (a) in subsequent proceedings under this Act
4 concerning the same minor; or
5 (b) in criminal proceedings when the court is to
6 determine the amount of bail, fitness of the defendant or
7 in sentencing under the Unified Code of Corrections; or
8 (c) in proceedings under this Act or in criminal
9 proceedings in which anyone who has been adjudicated
10 delinquent under Section 5-105 is to be a witness
11 including the minor or defendant if he or she testifies,
12 and then only for purposes of impeachment and pursuant to
13 the rules of evidence for criminal trials; or
14 (d) in civil proceedings concerning causes of
15 action arising out of the incident or incidents which
16 initially gave rise to the proceedings under this Act.
17 (2) No adjudication or disposition under this Act shall
18 operate to disqualify a minor from subsequently holding
19 public office nor shall operate as a forfeiture of any right,
20 privilege or right to receive any license granted by public
21 authority.
22 (3) The court which adjudicated that a minor has
23 committed any offense relating to motor vehicles prescribed
24 in Sections 4-102 and 4-103 of the Illinois Vehicle Code
25 shall notify the Secretary of State of that adjudication and
26 the notice shall constitute sufficient grounds for revoking
27 that minor's driver's license or permit as provided in
28 Section 6-205 of the Illinois Vehicle Code; no minor shall be
29 considered a criminal by reason thereof, nor shall any such
30 adjudication be considered a conviction.
31 (705 ILCS 405/5-155 new)
32 Sec. 5-155. Any weapon in possession of a minor found to
33 be a delinquent under Section 5-105 for an offense involving
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1 the use of a weapon or for being in possession of a weapon
2 during the commission of an offense shall be confiscated and
3 disposed of by the juvenile court whether the weapon is the
4 property of the minor or his or her parent or guardian.
5 Disposition of the weapon by the court shall be in accordance
6 with Section 24-6 of the Criminal Code of 1961.
7 (705 ILCS 405/Art. V, Part 2 heading new)
8 PART 2. ADMINISTRATION OF JUVENILE JUSTICE
9 CONTINUUM FOR DELINQUENCY PREVENTION
10 (705 ILCS 405/5-201 new)
11 Sec. 5-201. Legislative declaration. The General
12 Assembly recognizes that, despite the large investment of
13 resources committed to address the needs of the juvenile
14 justice system of this State, cost of juvenile crime
15 continues to drain the State's existing financial capacity,
16 and exacts traumatic and tragic physical, psychological and
17 economic damage to victims. The General Assembly further
18 recognizes that many adults in the criminal justice system
19 were once delinquents in the juvenile justice system. The
20 General Assembly also recognizes that the most effective
21 juvenile delinquency programs are programs that not only
22 prevent children from entering the juvenile justice system,
23 but also meet local community needs and have substantial
24 community involvement and support. Therefore, it is the
25 belief of the General Assembly that one of the best
26 investments of the scarce resources available to combat crime
27 is in the prevention of delinquency, including prevention of
28 criminal activity by youth gangs. It is the intent of the
29 General Assembly to authorize and encourage each of the
30 counties of the State to establish a comprehensive juvenile
31 justice plan based upon the input of representatives of every
32 affected public or private entity, organization, or group.
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1 It is the further intent of the General Assembly that
2 representatives of school systems, the judiciary, law
3 enforcement, and the community acquire a thorough
4 understanding of the role and responsibility that each has in
5 addressing juvenile crime in the community, that the county
6 juvenile justice plan reflect an understanding of the legal
7 and fiscal limits within which the plan must be implemented,
8 and that willingness of the parties to cooperate and
9 collaborate in implementing the plan be explicitly stated.
10 It is the further intent of the General Assembly that county
11 juvenile justice plans form the basis of regional and State
12 juvenile justice plans and that the prevention and treatment
13 resources at the county, regional, and State levels be
14 utilized to the maximum extent possible to implement and
15 further the goals of their respective plans.
16 (705 ILCS 405/Art. V, Part 3 heading new)
17 PART 3. IMMEDIATE INTERVENTION PROCEDURES
18 (705 ILCS 405/5-300 new)
19 Sec. 5-300. Legislative Declaration. The General
20 Assembly recognizes that a major component of any continuum
21 for delinquency prevention is a series of immediate
22 interaction programs. It is the belief of the General
23 Assembly that each community or group of communities is best
24 suited to develop and implement immediate intervention
25 programs to identify and redirect delinquent youth. The
26 following programs and procedures for immediate intervention
27 are authorized options for communities, and are not intended
28 to be exclusive or mandated.
29 (705 ILCS 405/5-301 new)
30 Sec. 5-301. Station adjustments. A minor arrested for
31 any offense or a violation of a condition of previous station
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1 adjustment may receive a station adjustment for that arrest
2 as provided herein. In deciding whether to impose a station
3 adjustment, either informal or formal, a juvenile police
4 officer shall consider the following factors:
5 (A) The seriousness of the alleged offense.
6 (B) The prior history of delinquency of the minor.
7 (C) The age of the minor.
8 (D) The culpability of the minor in committing the
9 alleged offense.
10 (E) Whether the offense was committed in an aggressive
11 or premeditated manner.
12 (F) Whether the minor used or possessed a deadly weapon
13 when committing the alleged offenses.
14 (1) Informal station adjustment.
15 (a) An informal station adjustment is defined as a
16 procedure when a juvenile police officer determines that
17 there is probable cause to believe that the minor has
18 committed an offense.
19 (b) A minor shall receive no more than 3 informal
20 station adjustments statewide for a misdemeanor offense
21 within 3 years without prior approval from the State's
22 Attorney's Office.
23 (c) A minor shall receive no more than 3 informal
24 station adjustments statewide for a felony offense within
25 3 years without prior approval from the State's
26 Attorney's Office.
27 (d) A minor shall receive a combined total of no
28 more than 5 informal station adjustments statewide during
29 his or her minority.
30 (e) The juvenile police officer may make reasonable
31 conditions of an informal station adjustment which may
32 include but are not limited to:
33 (i) Curfew.
34 (ii) Conditions restricting entry into
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1 designated geographical areas.
2 (iii) No contact with specified persons.
3 (iv) School attendance.
4 (v) Community service.
5 (vi) Community mediation.
6 (vii) Teen court or a peer court.
7 (viii) Restitution limited to 90 days.
8 (f) If the minor refuses or fails to abide by the
9 conditions of an informal station adjustment, the
10 juvenile police officer may impose a formal station
11 adjustment or refer the matter to the State's Attorney's
12 Office.
13 (g) An informal station adjustment does not
14 constitute an adjudication of delinquency or a criminal
15 conviction. A record shall be maintained with the
16 Department of State Police for informal station
17 adjustments for offenses that would be a felony if
18 committed by an adult, and may be maintained if the
19 offense would be a misdemeanor.
20 (2) Formal station adjustment.
21 (a) A formal station adjustment is defined as a
22 procedure when a juvenile police officer determines that
23 there is probable cause to believe the minor has
24 committed an offense and an admission by the minor of
25 involvement in the offense.
26 (b) The minor and parent, guardian, or legal
27 custodian must agree in writing to the formal station
28 adjustment and must be advised of the consequences of
29 violation of any term of the agreement.
30 (c) The minor and parent, guardian or legal
31 custodian shall be provided a copy of the signed
32 agreement of the formal station adjustment. The
33 agreement shall include:
34 (i) The offense which formed the basis of the
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1 formal station adjustment.
2 (ii) An acknowledgment that the terms of the
3 formal station adjustment and the consequences for
4 violation have been explained.
5 (iii) An acknowledgment that the formal
6 station adjustments record may be expunged under
7 Section 5-915 of this Act.
8 (iv) A statement that all parties understand
9 the terms and conditions of formal station
10 adjustment and agree to the formal station
11 adjustment process.
12 (d) Conditions of the formal station adjustment may
13 include, but are not be limited to:
14 (i) The time shall not exceed 120 days.
15 (ii) The minor shall not violate any laws.
16 (iii) The juvenile police officer may require
17 the minor to comply with additional conditions for
18 the formal station adjustment which may include but
19 are not limited to:
20 (a) Attending school.
21 (b) Abiding by a set curfew.
22 (c) Payment of restitution.
23 (d) Refraining from possessing a firearm
24 or other weapon.
25 (e) Reporting to a police officer at
26 designated times and places, including
27 reporting and verification that the minor is at
28 home at designated hours.
29 (f) Performing up to 25 hours of
30 community service work.
31 (g) Refraining from entering designated
32 geographical areas.
33 (h) Participating in community mediation.
34 (i) Participating in teen court or peer
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1 court.
2 (j) Refraining from contact with
3 specified persons.
4 (e) A formal station adjustment does not constitute
5 an adjudication of delinquency or a criminal conviction.
6 A record shall be maintained with the Department of State
7 Police for formal station adjustments.
8 (f) A minor or the minor's parent, guardian, or
9 legal custodian, or both the minor and the minor's
10 parent, guardian, or legal custodian, may refuse a formal
11 station adjustment and have the matter referred for court
12 action or other appropriate action.
13 (g) A minor or the minor's parent, guardian, or
14 legal custodian, or both the minor and the minor's
15 parent, guardian, or legal custodian, may within 30 days
16 of the commencement of the formal station adjustment
17 revoke their consent and have the matter referred for
18 court action or other appropriate action. This
19 revocation must be in writing and personally served upon
20 the police officer or his or her supervisor.
21 (h) The admission of the minor as to involvement in
22 the offense shall be admissible at further court hearings
23 as long as the statement would be admissible under the
24 rules of evidence.
25 (i) If the minor violates any term or condition of
26 the formal station adjustment the juvenile police officer
27 shall provide written notice of violation to the minor
28 and the minor's parent, guardian, or legal custodian.
29 After consultation with the minor and the minor's parent,
30 guardian, or legal custodian, the juvenile police officer
31 may take any of the following steps upon violation:
32 (i) Warn the minor of consequences of
33 continued violations and continue the formal station
34 adjustment.
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1 (ii) Extend the period of the formal station
2 adjustment up to a total of 180 days.
3 (iii) Extend the hours of community service
4 work up to a total of 40 hours.
5 (iv) Terminate the formal station adjustment
6 unsatisfactorily and take no other action.
7 (v) Terminate the formal station adjustment
8 unsatisfactorily and refer the matter to the
9 juvenile court.
10 (j) A minor shall receive no more than 2 formal
11 station adjustments statewide for a felony offense
12 without the State's Attorney's approval within a 3 year
13 period.
14 (k) A minor shall receive no more than 3 formal
15 station adjustments statewide for a misdemeanor offense
16 without the State's Attorney's approval within a 3 year
17 period.
18 (l) The total for formal station adjustments
19 statewide within the period of minority may not exceed 4
20 without the State's Attorney's approval.
21 (m) If the minor is arrested in a jurisdiction
22 where the minor does not reside, the formal station
23 adjustment may be transferred to the jurisdiction where
24 the minor does reside upon written agreement of that
25 jurisdiction to monitor the formal station adjustment.
26 (3) The juvenile police officer making a station
27 adjustment shall assure that information about any offense
28 which would constitute a felony if committed by an adult and
29 may assure that information about a misdemeanor is
30 transmitted to the Department of State Police.
31 (4) The total number of station adjustments, both formal
32 and informal, shall not exceed 9 without the State's
33 Attorney's approval for any minor arrested anywhere in the
34 State.
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1 (705 ILCS 405/5-305 new)
2 Sec. 5-305. Probation adjustment.
3 (1) The court may authorize the probation officer to
4 confer in a preliminary conference with a minor who is
5 alleged to have committed an offense, his or her parent,
6 guardian or legal custodian, the victim, the juvenile police
7 officer, the State's Attorney, and other interested persons
8 concerning the advisability of filing a petition under
9 Section 5-520, with a view to adjusting suitable cases
10 without the filing of a petition as provided for in this
11 Article, the probation officer should schedule a conference
12 promptly except when the State's Attorney insists on court
13 action or when the minor has indicated that he or she will
14 demand a judicial hearing and will not comply with a
15 probation adjustment.
16 (2) This Section does not authorize any probation
17 officer to compel any person to appear at any conference,
18 produce any papers, or visit any place.
19 (3) No statement made during a preliminary conference in
20 regard to the offense that is the subject of the conference
21 may be admitted into evidence at an adjudicatory hearing or
22 at any proceeding against the minor under the criminal laws
23 of this State prior to his or her conviction under those
24 laws.
25 (4) When a probation adjustment is appropriate, the
26 probation officer shall promptly formulate a written,
27 non-judicial adjustment plan following the initial
28 conference.
29 (5) Non-judicial probation adjustment plans include but
30 are not limited to the following:
31 (a) up to 6 months informal supervision within the
32 family;
33 (b) up to 12 months informal supervision with a
34 probation officer involved;
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1 (c) up to 6 months informal supervision with
2 release to a person other than a parent;
3 (d) referral to special educational, counseling, or
4 other rehabilitative social or educational programs;
5 (e) referral to residential treatment programs;
6 (f) participation in a public or community service
7 program or activity; and
8 (g) any other appropriate action with the consent
9 of the minor and a parent.
10 (6) The factors to be considered by the probation
11 officer in formulating a non-judicial probation adjustment
12 plan shall be the same as those limited in subsection (4) of
13 Section 5-405.
14 (7) The probation officer who imposes a probation
15 adjustment plan shall assure that information about an
16 offense which would constitute a felony if committed by an
17 adult, and may assure that information about a misdemeanor
18 offense, is transmitted to the Department of State Police.
19 (705 ILCS 405/5-310 new)
20 Sec. 5-310. Community mediation program.
21 (1) Program purpose. The purpose of community mediation
22 is to provide a system by which minors who commit delinquent
23 acts may be dealt with in a speedy and informal manner at the
24 community or neighborhood level. The goal is to make the
25 juvenile understand the seriousness of his or her actions and
26 the effect that a crime has on the minor, his or her family,
27 his or her victim and his or her community. In addition, this
28 system offers a method to reduce the ever-increasing
29 instances of delinquent acts while permitting the judicial
30 system to deal effectively with cases that are more serious
31 in nature.
32 (2) Community mediation panels. The State's Attorney, or
33 an entity designated by the State's Attorney, may establish
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1 community mediation programs designed to provide citizen
2 participation in addressing juvenile delinquency. The
3 State's Attorney, or his or her designee, shall maintain a
4 list of qualified persons who have agreed to serve as
5 community mediators. To the maximum extent possible, panel
6 membership shall reflect the social-economic, racial and
7 ethnic make-up of the community in which the panel sits. The
8 panel shall consist of members with a diverse background in
9 employment, education and life experience.
10 (3) Community mediation cases.
11 (a) Community mediation programs shall provide one
12 or more community mediation panels to informally hear
13 cases that are referred by a police officer as a station
14 adjustment, or a probation officer as a probation
15 adjustment, or referred by the State's Attorney as a
16 diversion from prosecution.
17 (b) Minors who are offered the opportunity to
18 participate in the program must admit responsibility for
19 the offense to be eligible for the program.
20 (4) Disposition of cases. Subsequent to any hearing
21 held, the community mediation panel may:
22 (a) Refer the minor for placement in a
23 community-based nonresidential program.
24 (b) Refer the minor or the minor's family to
25 community counseling.
26 (c) Require the minor to perform up to 100 hours of
27 community service.
28 (d) Require the minor to make restitution in money
29 or in kind in a case involving property damage; however,
30 the amount of restitution shall not exceed the amount of
31 actual damage to property.
32 (e) Require the minor and his or her parent,
33 guardian, or legal custodian to undergo an approved
34 screening for substance abuse or use, or both. If the
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1 screening indicates a need, a drug and alcohol assessment
2 of the minor and his or her parent, guardian, or legal
3 custodian shall be conducted by an entity licensed by the
4 Department of Human Services, as a successor to the
5 Department of Alcoholism and Substance Abuse. The minor
6 and his or her parent, guardian, or legal custodian shall
7 adhere to and complete all recommendations to obtain drug
8 and alcohol treatment and counseling resulting from the
9 assessment.
10 (f) Require the minor to attend school.
11 (g) Require the minor to attend tutorial sessions.
12 (h) Impose any other restrictions or sanctions that
13 are designed to encourage responsible and acceptable
14 behavior and are agreed upon by the participants of the
15 community mediation proceedings.
16 (5) The agreement shall run no more than 6 months. All
17 community mediation panel members and observers are required
18 to sign the following oath of confidentiality prior to
19 commencing community mediation proceedings:
20 "I solemnly swear or affirm that I will not
21 divulge, either by words or signs, any information
22 about the case which comes to my knowledge in the
23 course of a community mediation presentation and
24 that I will keep secret all proceedings which may be
25 held in my presence.
26 Further, I understand that if I break
27 confidentiality by telling anyone else the names of
28 community mediation participants, except for
29 information pertaining to the community mediation
30 panelists themselves, or any other specific details
31 of the case which may identify that juvenile, I will
32 no longer be able to serve as a community mediation
33 panel member or observer."
34 (6) The State's Attorney shall adopt rules and
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1 procedures governing administration of the program.
2 (705 ILCS 405/5-315 new)
3 Sec. 5-315. Teen court. The county board or corporate
4 authorities of a municipality, or both, may create or
5 contract with a community based organization for teen court
6 programs.
7 (705 ILCS 405/5-325 new)
8 Sec. 5-325. Reports to the State's Attorney. Upon the
9 request of the State's Attorney in the county where it is
10 alleged that a minor has committed a crime, any school or law
11 enforcement agency that has knowledge of those allegations
12 shall forward information or a report concerning the incident
13 to the State's Attorney, provided that the information is not
14 currently protected by any privilege recognized by law or by
15 decision, rule, or order of the Illinois Supreme Court.
16 (705 ILCS 405/5-330 new)
17 Sec. 5-330. State's Attorney's discretion to prosecute.
18 Nothing in this Article shall divest the authority of the
19 State's Attorney to file appropriate charges for violations
20 of this Article if he or she has probable cause to believe
21 that the violations have occurred.
22 (705 ILCS 405/Art. V, Part 4 heading new)
23 PART 4. ARREST AND CUSTODY
24 (705 ILCS 405/5-401 new)
25 Sec. 5-401. Arrest and taking into custody of a minor.
26 (1) A law enforcement officer may, without a warrant,
27 (a) arrest a minor whom the officer with probable cause
28 believes to be a delinquent minor; or (b) take into custody
29 a minor who has been adjudged a ward of the court and has
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1 escaped from any commitment ordered by the court under this
2 Act; or (c) take into custody a minor whom the officer
3 reasonably believes has violated the conditions of probation
4 or supervision ordered by the court.
5 (2) Whenever a petition has been filed under Section
6 5-520 and the court finds that the conduct and behavior of
7 the minor may endanger the health, person, welfare, or
8 property of the minor or others or that the circumstances of
9 his or her home environment may endanger his or her health,
10 person, welfare or property, a warrant may be issued
11 immediately to take the minor into custody.
12 (3) Except for minors accused of violation of an order
13 of the court, any minor accused of any act under federal or
14 State law, or a municipal or county ordinance that would not
15 be illegal if committed by an adult, cannot be placed in a
16 jail, municipal lockup, detention center, or secure
17 correctional facility. Juveniles accused with underage
18 consumption and underage possession of alcohol cannot be
19 placed in a jail, municipal lockup, detention center, or
20 correctional facility.
21 (705 ILCS 405/5-405 new)
22 Sec. 5-405. Duty of officer; admissions by minor.
23 (1) A law enforcement officer who arrests a minor with a
24 warrant shall immediately make a reasonable attempt to notify
25 the parent or other person legally responsible for the
26 minor's care or the person with whom the minor resides that
27 the minor has been arrested and where he or she is being
28 held. The minor shall be delivered without unnecessary delay
29 to the court or to the place designated by rule or order of
30 court for the reception of minors.
31 (2) A law enforcement officer who arrests a minor
32 without a warrant under Section 5-401 shall, if the minor is
33 not released, immediately make a reasonable attempt to notify
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1 the parent or other person legally responsible for the
2 minor's care or the person with whom the minor resides that
3 the minor has been arrested and where the minor is being
4 held; and the law enforcement officer shall without
5 unnecessary delay take the minor to the nearest juvenile
6 police officer designated for these purposes in the county of
7 venue or shall surrender the minor to a juvenile police
8 officer in the city or village where the offense is alleged
9 to have been committed. If a minor is taken into custody for
10 an offense which would be a misdemeanor if committed by an
11 adult, the law enforcement officer, upon determining the true
12 identity of the minor, may release the minor to the parent or
13 other person legally responsible for the minor's care or the
14 person with whom the minor resides. If a minor is so
15 released, the law enforcement officer shall promptly notify a
16 juvenile police officer of the circumstances of the custody
17 and release.
18 (3) The juvenile police officer may take one of the
19 following actions:
20 (a) station adjust the minor and release the minor,
21 pursuant to Section 5-301;
22 (b) release the minor to his or her parents and
23 refer the case to Juvenile Court;
24 (c) if the juvenile police officer reasonably
25 believes that there is an urgent and immediate necessity
26 to keep the minor in custody, the juvenile police officer
27 shall deliver the minor without unnecessary delay to the
28 court or to the place designated by rule or order of
29 court for the reception of minors;
30 (d) any other appropriate action with consent of
31 the minor or a parent.
32 (4) The factors to be considered in determining whether
33 to release or keep a minor in custody shall include:
34 (a) the nature of the allegations against the
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1 minor;
2 (b) the minor's history and present situation;
3 (c) the history of the minor's family and the
4 family's present situation;
5 (d) the educational and employment status of the
6 minor;
7 (e) the availability of special resource or
8 community services to aid or counsel the minor;
9 (f) the minor's past involvement with and progress
10 in social programs;
11 (g) the attitude of complainant and community
12 toward the minor; and
13 (h) the present attitude of the minor and family.
14 (5) The records of law enforcement officers concerning
15 all minors taken into custody under this Act shall be
16 maintained separate from the records of arrests of adults and
17 may not be inspected by or disclosed to the public except
18 pursuant to Section 5-901 and Section 5-905.
19 (705 ILCS 405/5-410 new)
20 Sec. 5-410. Non-secure custody or detention.
21 (1) Any minor arrested or taken into custody pursuant to
22 this Act who requires care away from his or her home but who
23 does not require physical restriction shall be given
24 temporary care in a foster family home or other shelter
25 facility designated by the court.
26 (2) (a) Any minor 10 years of age or older arrested
27 pursuant to this Act where there is probable cause to believe
28 that the minor is a delinquent minor and that (i) secured
29 custody is a matter of immediate and urgent necessity for the
30 protection of the minor or of the person or property of
31 another, (ii) the minor is likely to flee the jurisdiction of
32 the court, or (iii) the minor was taken into custody under a
33 warrant, may be kept or detained in an authorized detention
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1 facility. No minor under 12 years of age shall be detained
2 in a county jail or a municipal lockup for more than 6 hours.
3 (b) The written authorization of the probation officer
4 or detention officer (or other public officer designated by
5 the court in a county having 3,000,000 or more inhabitants)
6 constitutes authority for the superintendent of any juvenile
7 detention home to detain and keep a minor for up to 40 hours,
8 excluding Saturdays, Sundays and court-designated holidays.
9 These records shall be available to the same persons and
10 pursuant to the same conditions as are law enforcement
11 records as provided in Section 5-905.
12 (b-4) The consultation required by subsection (b-5)
13 shall not be applicable if the probation officer or detention
14 officer (or other public officer designated by the court in a
15 county having 3,000,000 or more inhabitants) utilizes a
16 scorable detention screening instrument, which has been
17 developed with input by the State's Attorney, to determine
18 whether a minor should be detained, however, subsection (b-5)
19 shall still be applicable where no such screening instrument
20 is used or where the probation officer, detention officer (or
21 other public officer designated by the court in a county
22 having 3,000,000 or more inhabitants) deviates from the
23 screening instrument.
24 (b-5) Subject to the provisions of subsection (b-4), if
25 a probation officer or detention officer (or other public
26 officer designated by the court in a county having 3,000,000
27 or more inhabitants) does not intend to detain a minor for an
28 offense which constitutes one of the following offenses he or
29 she shall consult with the State's Attorney's Office prior to
30 the release of the minor: first degree murder, second degree
31 murder, involuntary manslaughter, criminal sexual assault,
32 aggravated criminal sexual assault, aggravated battery with a
33 firearm, aggravated or heinous battery involving permanent
34 disability or disfigurement or great bodily harm, robbery,
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1 aggravated robbery, armed robbery, vehicular hijacking,
2 aggravated vehicular hijacking, vehicular invasion, arson,
3 aggravated arson, kidnapping, aggravated kidnapping, home
4 invasion, burglary, or residential burglary.
5 (c) Except as otherwise provided in paragraph (a), (d),
6 or (e), no minor shall be detained in a county jail or
7 municipal lockup for more than 12 hours, unless the offense
8 is a crime of violence in which case the minor may be
9 detained up to 24 hours.
10 (i) The period of detention is deemed to have begun once
11 the minor has been placed in a locked room or cell or
12 handcuffed to a stationary object in a building housing a
13 county jail or municipal lockup. Time spent transporting a
14 minor is not considered to be time in detention or secure
15 custody.
16 (ii) Any minor so confined shall be under periodic
17 supervision and shall not be permitted to come into or remain
18 in contact with adults in custody in the building.
19 (iii) Upon placement in secure custody in a jail or
20 lockup, the minor shall be informed of the purpose of the
21 detention, the time it is expected to last and the fact that
22 it cannot exceed the time specified under this Act.
23 (iv) A log shall be kept which shows the offense which is
24 the basis for the detention, the reasons and circumstances
25 for the decision to detain and the length of time the minor
26 was in detention.
27 (v) Violation of the time limit on detention in a county
28 jail or municipal lockup shall not, in and of itself, render
29 inadmissible evidence obtained as a result of the violation
30 of this time limit. Minors under 17 years of age shall be
31 kept separate from confined adults and may not at any time be
32 kept in the same cell, room or yard with adults confined
33 pursuant to criminal law. Persons 17 years of age and older
34 who have a petition of delinquency filed against them shall
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1 be confined in an adult detention facility.
2 (d) (i) If a minor 12 years of age or older is confined
3 in a county jail in a county with a population below
4 3,000,000 inhabitants, then the minor's confinement shall be
5 implemented in such a manner that there will be no contact by
6 sight, sound or otherwise between the minor and adult
7 prisoners. Minors 12 years of age or older must be kept
8 separate from confined adults and may not at any time be kept
9 in the same cell, room, or yard with confined adults. This
10 paragraph (d)(i) shall only apply to confinement pending an
11 adjudicatory hearing and shall not exceed 40 hours, excluding
12 Saturdays, Sundays and court designated holidays. To accept
13 or hold minors during this time period, county jails shall
14 comply with all monitoring standards promulgated by the
15 Department of Corrections and training standards approved by
16 the Illinois Law Enforcement Training Standards Board.
17 (ii) To accept or hold minors, 12 years of age or older,
18 after the time period prescribed in paragraph (d)(i) of this
19 subsection (2) of this Section but not exceeding 7 days
20 including Saturdays, Sundays and holidays pending an
21 adjudicatory hearing, county jails shall comply with all
22 temporary detention standards promulgated by the Department
23 of Corrections and training standards approved by the
24 Illinois Law Enforcement Training Standards Board.
25 (iii) To accept or hold minors 12 years of age or older,
26 after the time period prescribed in paragraphs (d)(i) and
27 (d)(ii) of this subsection (2) of this Section, county jails
28 shall comply with all programmatic and training standards for
29 juvenile detention homes promulgated by the Department of
30 Corrections.
31 (e) When a minor who is at least 15 years of age is
32 prosecuted under the criminal laws of this State, the court
33 may enter an order directing that the juvenile be confined in
34 the county jail. However, any juvenile confined in the
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1 county jail under this provision shall be separated from
2 adults who are confined in the county jail in such a manner
3 that there will be no contact by sight, sound or otherwise
4 between the juvenile and adult prisoners.
5 (f) For purposes of appearing in a physical lineup, the
6 minor may be taken to a county jail or municipal lockup under
7 the direct and constant supervision of a juvenile police
8 officer. During such time as is necessary to conduct a
9 lineup, and while supervised by a juvenile police officer,
10 the sight and sound separation provisions shall not apply.
11 (g) For purposes of processing a minor, the minor may be
12 taken to a County Jail or municipal lockup under the direct
13 and constant supervision of a law enforcement officer or
14 correctional officer. During such time as is necessary to
15 process the minor, and while supervised by a law enforcement
16 officer or correctional officer, the sight and sound
17 separation provisions shall not apply.
18 (3) If the probation officer or State's Attorney (or
19 such other public officer designated by the court in a county
20 having 3,000,000 or more inhabitants) determines that the
21 minor may be a delinquent minor as described in subsection
22 (3) of Section 5-105, and should be retained in custody but
23 does not require physical restriction, the minor may be
24 placed in non-secure custody for up to 40 hours pending a
25 detention hearing.
26 (4) Any minor taken into temporary custody, not
27 requiring secure detention, may, however, be detained in the
28 home of his or her parent or guardian subject to such
29 conditions as the court may impose.
30 (705 ILCS 405/5-415 new)
31 Sec. 5-415. Setting of detention or shelter care
32 hearing; release.
33 (1) Unless sooner released, a minor alleged to be a
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1 delinquent minor taken into temporary custody must be brought
2 before a judicial officer within 40 hours for a detention or
3 shelter care hearing to determine whether he or she shall be
4 further held in custody. If a minor alleged to be a
5 delinquent minor taken into custody is hospitalized or is
6 receiving treatment for a physical or mental condition, and
7 is unable to be brought before a judicial officer for a
8 detention or shelter care hearing, the 40 hour period will
9 not commence until the minor is released from the hospital or
10 place of treatment. If the minor gives false information to
11 law enforcement officials regarding the minor's identity or
12 age, the 40 hour period will not commence until the court
13 rules that the minor is subject to this Act and not subject
14 to prosecution under the Criminal Code of 1961. Any other
15 delay attributable to a minor alleged to be a delinquent
16 minor who is taken into temporary custody shall act to toll
17 the 40 hour time period. In all cases, the 40 hour time
18 period is exclusive of Saturdays, Sundays and
19 court-designated holidays.
20 (2) If the State's Attorney or probation officer (or
21 other public officer designated by the court in a county
22 having more than 3,000,000 inhabitants) determines that the
23 minor should be retained in custody, he or she shall cause a
24 petition to be filed as provided in Section 5-520 of this
25 Article, and the clerk of the court shall set the matter for
26 hearing on the detention or shelter care hearing calendar.
27 When a parent, legal guardian, custodian, or responsible
28 relative is present and so requests, the detention or shelter
29 care hearing shall be held immediately if the court is in
30 session and the State is ready to proceed, otherwise at the
31 earliest feasible time. The probation officer or such other
32 public officer designated by the court in a county having
33 more than 3,000,000 inhabitants shall notify the minor's
34 parent, legal guardian, custodian, or responsible relative of
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1 the time and place of the hearing. The notice may be given
2 orally.
3 (3) The minor must be released from custody at the
4 expiration of the 40 hour period specified by this Section if
5 not brought before a judicial officer within that period.
6 (4) After the initial 40 hour period has lapsed, the
7 court may review the minor's custodial status at any time
8 prior to the trial or sentencing hearing. If during this
9 time period new or additional information becomes available
10 concerning the minor's conduct, the court may conduct a
11 hearing to determine whether the minor should be placed in a
12 detention or shelter care facility. If the court finds that
13 there is probable cause that the minor is a delinquent minor
14 and that it is a matter of immediate and urgent necessity for
15 the protection of the minor or of the person or property of
16 another, or that he or she is likely to flee the jurisdiction
17 of the court, the court may order that the minor be placed in
18 detention or shelter care.
19 (705 ILCS 405/Art. V, Part 5 heading new)
20 PART 5. PRETRIAL PROCEEDINGS
21 (705 ILCS 405/5-501 new)
22 Sec. 5-501. Detention or shelter care hearing. At the
23 appearance of the minor before the court at the detention or
24 shelter care hearing, the court shall receive all relevant
25 information and evidence, including affidavits concerning the
26 allegations made in the petition. Evidence used by the court
27 in its findings or stated in or offered in connection with
28 this Section may be by way of proffer based on reliable
29 information offered by the State or minor. All evidence
30 shall be admissible if it is relevant and reliable regardless
31 of whether it would be admissible under the rules of evidence
32 applicable at a trial. No hearing may be held unless the
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1 minor is represented by counsel.
2 (1) If the court finds that there is not probable cause
3 to believe that the minor is a delinquent minor it shall
4 release the minor and dismiss the petition.
5 (2) If the court finds that there is probable cause to
6 believe that the minor is a delinquent minor, the minor, his
7 or her parent, guardian, custodian and other persons able to
8 give relevant testimony may be examined before the court.
9 The court may also consider any evidence by way of proffer
10 based upon reliable information offered by the State or the
11 minor. All evidence, including affidavits, shall be
12 admissible if it is relevant and reliable regardless of
13 whether it would be admissible under the rules of evidence
14 applicable at trial. After such evidence is presented, the
15 court may enter an order that the minor shall be released
16 upon the request of a parent, guardian or legal custodian if
17 the parent, guardian or custodian appears to take custody.
18 If the court finds that it is a matter of immediate and
19 urgent necessity for the protection of the minor or of the
20 person or property of another that the minor be detained or
21 placed in a shelter care facility or that he or she is likely
22 to flee the jurisdiction of the court, the court may
23 prescribe detention or shelter care and order that the minor
24 be kept in a suitable place designated by the court or in a
25 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. In making the
32 determination of the existence of immediate and urgent
33 necessity, the court shall consider among other matters: (a)
34 the nature and seriousness of the alleged offense; (b) the
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1 minor's record of delinquency offenses, including whether the
2 minor has delinquency cases pending; (c) the minor's record
3 of willful failure to appear following the issuance of a
4 summons or warrant; (d) the availability of non-custodial
5 alternatives, including the presence of a parent, guardian or
6 other responsible relative able and willing to provide
7 supervision and care for the minor and to assure his or her
8 compliance with a summons. If the minor is ordered placed in
9 a shelter care facility of a licensed child welfare agency,
10 the court shall, upon request of the agency, appoint the
11 appropriate agency executive temporary custodian of the minor
12 and the court may enter such other orders related to the
13 temporary custody of the minor as it deems fit and proper.
14 The order together with the court's findings of fact in
15 support of the order shall be entered of record in the court.
16 Once the court finds that it is a matter of immediate and
17 urgent necessity for the protection of the minor that the
18 minor be placed in a shelter care facility, the minor shall
19 not be returned to the parent, custodian or guardian until
20 the court finds that the placement is no longer necessary for
21 the protection of the minor.
22 (3) Only when there is reasonable cause to believe that
23 the minor taken into custody is a delinquent minor may the
24 minor be kept or detained in a facility authorized for
25 juvenile detention. This Section shall in no way be
26 construed to limit subsection (4).
27 (4) Minors 12 years of age or older must be kept
28 separate from confined adults and may not at any time be kept
29 in the same cell, room or yard with confined adults. This
30 paragraph (4):
31 (a) shall only apply to confinement pending an
32 adjudicatory hearing and shall not exceed 40 hours,
33 excluding Saturdays, Sundays, and court designated
34 holidays. To accept or hold minors during this time
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1 period, county jails shall comply with all monitoring
2 standards for juvenile detention homes promulgated by the
3 Department of Corrections and training standards approved
4 by the Illinois Law Enforcement Training Standards Board.
5 (b) To accept or hold minors, 12 years of age or
6 older, after the time period prescribed in clause (a) of
7 subsection (4) of this Section but not exceeding 7 days
8 including Saturdays, Sundays, and holidays, pending an
9 adjudicatory hearing, county jails shall comply with all
10 temporary detention standards promulgated by the
11 Department of Corrections and training standards approved
12 by the Illinois Law Enforcement Training Standards Board.
13 (c) To accept or hold minors 12 years of age or
14 older, after the time period prescribed in clause (a) and
15 (b), of this subsection county jails shall comply with
16 all programmatic and training standards for juvenile
17 detention homes promulgated by the Department of
18 Corrections.
19 (5) If the minor is not brought before a judicial
20 officer within the time period as specified in Section 5-415
21 the minor must immediately be released from custody.
22 (6) If neither the parent, guardian or legal custodian
23 appears within 24 hours to take custody of a minor released
24 from detention or shelter care, then the clerk of the court
25 shall set the matter for rehearing not later than 7 days
26 after the original order and shall issue a summons directed
27 to the parent, guardian or legal custodian to appear. At the
28 same time the probation department shall prepare a report on
29 the minor. If a parent, guardian or legal custodian does not
30 appear at such rehearing, the judge may enter an order
31 prescribing that the minor be kept in a suitable place
32 designated by the Department of Human Services or a licensed
33 child welfare agency. The time during which a minor is in
34 custody after being released upon the request of a parent,
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1 guardian or legal custodian shall be considered as time spent
2 in detention for purposes of scheduling the trial.
3 (7) Any party, including the State, the temporary
4 custodian, an agency providing services to the minor or
5 family under a service plan pursuant to Section 8.2 of the
6 Abused and Neglected Child Reporting Act, foster parent, or
7 any of their representatives, may file a motion to modify or
8 vacate a temporary custody order or vacate a detention or
9 shelter care order on any of the following grounds:
10 (a) It is no longer a matter of immediate and
11 urgent necessity that the minor remain in detention or
12 shelter care; or
13 (b) There is a material change in the circumstances
14 of the natural family from which the minor was removed;
15 or
16 (c) A person, including a parent, relative or legal
17 guardian, is capable of assuming temporary custody of the
18 minor; or
19 (d) Services provided by the Department of Children
20 and Family Services or a child welfare agency or other
21 service provider have been successful in eliminating the
22 need for temporary custody.
23 The clerk shall set the matter for hearing not later than
24 14 days after such motion is filed. In the event that the
25 court modifies or vacates a temporary order but does not
26 vacate its finding of probable cause, the court may order
27 that appropriate services be continued or initiated in behalf
28 of the minor and his or her family.
29 (8) Whenever a petition has been filed under Section
30 5-520 the court can, at any time prior to trial or
31 sentencing, order that the minor be placed in detention or a
32 shelter care facility after the court conducts a hearing and
33 finds that the conduct and behavior of the minor may endanger
34 the health, person, welfare, or property of himself or others
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1 or that the circumstances of his or her home environment may
2 endanger his or her health, person, welfare or property.
3 (705 ILCS 405/5-505 new)
4 Sec. 5-505. Pre-trial conditions order.
5 (1) If a minor is charged with the commission of a
6 delinquent act, at any appearance of the minor before the
7 court prior to trial, the court may conduct a hearing to
8 determine whether the minor should be required to do any of
9 the following:
10 (a) not violate any criminal statute of any
11 jurisdiction;
12 (b) make a report to and appear in person before
13 any person or agency as directed by the court;
14 (c) refrain from possessing a firearm or other
15 dangerous weapon, or an automobile;
16 (d) reside with his or her parents or in a foster
17 home;
18 (e) attend school;
19 (f) attend a non-residential program for youth;
20 (g) comply with curfew requirements as designated
21 by the court;
22 (h) refrain from entering into a designated
23 geographic area except upon terms as the court finds
24 appropriate. The terms may include consideration of the
25 purpose of the entry, the time of day, other persons
26 accompanying the minor, advance approval by the court,
27 and any other terms the court may deem appropriate;
28 (i) refrain from having any contact, directly or
29 indirectly, with certain specified persons or particular
30 types of persons, including but not limited to members of
31 street gangs and drug users or dealers;
32 (j) comply with any other conditions as may be
33 ordered by the court.
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1 No hearing may be held unless the minor is represented by
2 counsel. If the court determines that there is probable
3 cause to believe the minor is a delinquent minor and that it
4 is in the best interests of the minor that the court impose
5 any or all of the conditions listed in paragraphs (a) through
6 (j) of this subsection (1), then the court shall order the
7 minor to abide by all of the conditions ordered by the court.
8 (2) If the court issues a pre-trial conditions order as
9 provided in subsection (1), the court shall inform the minor
10 and provide a copy of the pre-trial conditions order
11 effective under this Section.
12 (3) The provisions of the pre-trial conditions order
13 issued under this Section may be continued through the
14 sentencing hearing if the court deems the action reasonable
15 and necessary. Nothing in this Section shall preclude the
16 minor from applying to the court at any time for modification
17 or dismissal of the order or the State's Attorney from
18 applying to the court at any time for additional provisions
19 under the pre-trial conditions order, modification of the
20 order, or dismissal of the order.
21 (705 ILCS 405/5-510 new)
22 Sec. 5-510. Restraining order against juvenile.
23 (1) If a minor is charged with the commission of a
24 delinquent act, the court may conduct a hearing to determine
25 whether an order shall be issued against the minor
26 restraining the minor from harassing, molesting,
27 intimidating, retaliating against, or tampering with a
28 witness to or a victim of the delinquent act charged. No
29 hearing may be held unless the minor is represented by
30 counsel. If the court determines that there is probable
31 cause to believe that the minor is a delinquent minor and
32 that it is a matter of immediate and urgent necessity for the
33 protection of a witness to or a victim of the delinquent act
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1 charged against the minor, the court may issue a restraining
2 order against the minor restraining the minor from harassing,
3 molesting, intimidating, retaliating against, or tampering
4 with the witness or victim. The order together with the
5 court's finding of fact in support of the order shall be
6 entered of record in the court.
7 (2) If the court issues a restraining order as provided
8 in subsection (1), the court shall inform the minor of the
9 restraining order effective under this Section.
10 (3) The provisions of the restraining order issued under
11 this Section may be continued by the court after the
12 sentencing hearing if the court deems the action reasonable
13 and necessary. Nothing in this Section shall preclude the
14 minor from applying to the court at any time for modification
15 or dismissal of the order or the State's Attorney from
16 applying to the court at any time for additional provisions
17 under the restraining order, modification of the order, or
18 dismissal of the order.
19 (705 ILCS 405/5-515 new)
20 Sec. 5-515. Medical and dental treatment and care. At
21 all times during temporary custody, detention or shelter
22 care, the court may authorize a physician, a hospital or any
23 other appropriate health care provider to provide medical,
24 dental or surgical procedures if those procedures are
25 necessary to safeguard the minor's life or health. If the
26 minor is covered under an existing medical or dental plan,
27 the county shall be reimbursed for the expenses incurred for
28 such services as if the minor were not held in temporary
29 custody, detention, or shelter care.
30 (705 ILCS 405/5-520 new)
31 Sec. 5-520. Petition; supplemental petitions.
32 (1) The State's Attorney may file, or the court on its
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1 own motion may direct the filing through the State's Attorney
2 of, a petition in respect to a minor under this Act. The
3 petition and all subsequent court documents shall be entitled
4 "In the interest of ...., a minor".
5 (2) The petition shall be verified but the statements
6 may be made upon information and belief. It shall allege
7 that the minor is delinquent and set forth (a) facts
8 sufficient to bring the minor under Section 5-120; (b) the
9 name, age and residence of the minor; (c) the names and
10 residences of his parents; (d) the name and residence of his
11 or her guardian or legal custodian or the person or persons
12 having custody or control of the minor, or of the nearest
13 known relative if no parent, guardian or legal custodian can
14 be found; and (e) if the minor upon whose behalf the
15 petition is brought is detained or sheltered in custody, the
16 date on which detention or shelter care was ordered by the
17 court or the date set for a detention or shelter care
18 hearing. If any of the facts required by this subsection (2)
19 are not known by the petitioner, the petition shall so state.
20 (3) The petition must pray that the minor be adjudged a
21 ward of the court and may pray generally for relief available
22 under this Act. The petition need not specify any proposed
23 disposition following adjudication of wardship.
24 (4) At any time before dismissal of the petition or
25 before final closing and discharge under Section 5-750, one
26 or more supplemental petitions may be filed (i) alleging new
27 offenses or (ii) alleging violations of orders entered by the
28 court in the delinquency proceeding.
29 (705 ILCS 405/5-525 new)
30 Sec. 5-525. Service.
31 (1) Service by summons.
32 (a) Upon the commencement of a delinquency
33 prosecution, the clerk of the court shall issue a summons
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1 with a copy of the petition attached. The summons shall
2 be directed to the minor's parent, guardian or legal
3 custodian and to each person named as a respondent in the
4 petition, except that summons need not be directed (i) to
5 a minor respondent under 8 years of age for whom the
6 court appoints a guardian ad litem if the guardian ad
7 litem appears on behalf of the minor in any proceeding
8 under this Act, or (ii) to a parent who does not reside
9 with the minor, does not make regular child support
10 payments to the minor, to the minor's other parent, or to
11 the minor's legal guardian or custodian pursuant to a
12 support order, and has not communicated with the minor on
13 a regular basis.
14 (b) The summons must contain a statement that the
15 minor is entitled to have an attorney present at the
16 hearing on the petition, and that the clerk of the court
17 should be notified promptly if the minor desires to be
18 represented by an attorney but is financially unable to
19 employ counsel.
20 (c) The summons shall be issued under the seal of
21 the court, attested in and signed with the name of the
22 clerk of the court, dated on the day it is issued, and
23 shall require each respondent to appear and answer the
24 petition on the date set for the adjudicatory hearing.
25 (d) The summons may be served by any law
26 enforcement officer, coroner or probation officer, even
27 though the officer is the petitioner. The return of the
28 summons with endorsement of service by the officer is
29 sufficient proof of service.
30 (e) Service of a summons and petition shall be made
31 by: (i) leaving a copy of the summons and petition with
32 the person summoned at least 3 days before the time
33 stated in the summons for appearance; (ii) leaving a
34 copy at his or her usual place of abode with some person
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1 of the family, of the age of 10 years or upwards, and
2 informing that person of the contents of the summons and
3 petition, provided, the officer or other person making
4 service shall also send a copy of the summons in a sealed
5 envelope with postage fully prepaid, addressed to the
6 person summoned at his or her usual place of abode, at
7 least 3 days before the time stated in the summons for
8 appearance; or (iii) leaving a copy of the summons and
9 petition with the guardian or custodian of a minor, at
10 least 3 days before the time stated in the summons for
11 appearance. If the guardian or legal custodian is an
12 agency of the State of Illinois, proper service may be
13 made by leaving a copy of the summons and petition with
14 any administrative employee of the agency designated by
15 the agency to accept the service of summons and
16 petitions. The certificate of the officer or affidavit
17 of the person that he or she has sent the copy pursuant
18 to this Section is sufficient proof of service.
19 (f) When a parent or other person, who has signed a
20 written promise to appear and bring the minor to court or
21 who has waived or acknowledged service, fails to appear
22 with the minor on the date set by the court, a bench
23 warrant may be issued for the parent or other person, the
24 minor, or both.
25 (2) Service by certified mail or publication.
26 (a) If service on individuals as provided in
27 subsection (1) is not made on any respondent within a
28 reasonable time or if it appears that any respondent
29 resides outside the State, service may be made by
30 certified mail. In that case the clerk shall mail the
31 summons and a copy of the petition to that respondent by
32 certified mail marked for delivery to addressee only.
33 The court shall not proceed with the adjudicatory hearing
34 until 5 days after the mailing. The regular return
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1 receipt for certified mail is sufficient proof of
2 service.
3 (b) If service upon individuals as provided in
4 subsection (1) is not made on any respondents within a
5 reasonable time or if any person is made a respondent
6 under the designation of "All Whom It May Concern", or if
7 service cannot be made because the whereabouts of a
8 respondent are unknown, service may be made by
9 publication. The clerk of the court as soon as possible
10 shall cause publication to be made once in a newspaper of
11 general circulation in the county where the action is
12 pending. Service by publication is not required in any
13 case when the person alleged to have legal custody of the
14 minor has been served with summons personally or by
15 certified mail, but the court may not enter any order or
16 judgment against any person who cannot be served with
17 process other than by publication unless service by
18 publication is given or unless that person appears.
19 Failure to provide service by publication to a
20 non-custodial parent whose whereabouts are unknown shall
21 not deprive the court of jurisdiction to proceed with a
22 trial or a plea of delinquency by the minor. When a
23 minor has been detained or sheltered under Section 5-501
24 of this Act and summons has not been served personally or
25 by certified mail within 20 days from the date of the
26 order of court directing such detention or shelter care,
27 the clerk of the court shall cause publication. Service
28 by publication shall be substantially as follows:
29 "A, B, C, D, (here giving the names of the
30 named respondents, if any) and to All Whom It May
31 Concern (if there is any respondent under that
32 designation):
33 Take notice that on the.... day of...., 19..
34 a petition was filed under the Juvenile Court Act of
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1 1987 by.... in the circuit court of.... county
2 entitled 'In the interest of...., a minor', and that
3 in.... courtroom at.... on the.... day of.... at
4 the hour of...., or as soon thereafter as this cause
5 may be heard, an adjudicatory hearing will be held
6 upon the petition to have the child declared to be a
7 ward of the court under that Act. The court has
8 authority in this proceeding to take from you the
9 custody and guardianship of the minor.
10 Now, unless you appear at the hearing and show
11 cause against the petition, the allegations of the
12 petition may stand admitted as against you and each
13 of you, and an order or judgment entered.
14 ........................................
15 Clerk
16 Dated (the date of publication)"
17 (c) The clerk shall also at the time of the
18 publication of the notice send a copy of the notice by
19 mail to each of the respondents on account of whom
20 publication is made at his or her last known address.
21 The certificate of the clerk that he or she has mailed
22 the notice is evidence of that mailing. No other
23 publication notice is required. Every respondent
24 notified by publication under this Section must appear
25 and answer in open court at the hearing. The court may
26 not proceed with the adjudicatory hearing until 10 days
27 after service by publication on any custodial parent,
28 guardian or legal custodian of a minor alleged to be
29 delinquent.
30 (d) If it becomes necessary to change the date set
31 for the hearing in order to comply with this Section,
32 notice of the resetting of the date must be given, by
33 certified mail or other reasonable means, to each
34 respondent who has been served with summons personally or
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1 by certified mail.
2 (3) Once jurisdiction has been established over a
3 party, further service is not required and notice of any
4 subsequent proceedings in that prosecution shall be made
5 in accordance with provisions of Section 5-530.
6 (4) The appearance of the minor's parent, guardian
7 or legal custodian, or a person named as a respondent in
8 a petition, in any proceeding under this Act shall
9 constitute a waiver of service and submission to the
10 jurisdiction of the court. A copy of the petition shall
11 be provided to the person at the time of his or her
12 appearance.
13 (705 ILCS 405/5-530 new)
14 Sec. 5-530. Notice.
15 (1) A party presenting a supplemental or amended
16 petition or motion to the court shall provide the other
17 parties with a copy of any supplemental or amended petition,
18 motion or accompanying affidavit not yet served upon that
19 party, and shall file proof of that service, in accordance
20 with subsections (2), (3), and (4) of this Section. Written
21 notice of the date, time and place of the hearing, shall be
22 provided to all parties in accordance with local court rules.
23 (2) (a) On whom made. If a party is represented by an
24 attorney of record, service shall be made upon the attorney.
25 Otherwise service shall be made upon the party.
26 (b) Method. Papers shall be served as follows:
27 (1) by delivering them to the attorney or
28 party personally;
29 (2) by leaving them in the office of the
30 attorney with his or her clerk, or with a person in
31 charge of the office; or if a party is not
32 represented by counsel, by leaving them at his or
33 her residence with a family member of the age of 10
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1 years or upwards;
2 (3) by depositing them in the United States
3 post office or post-office box enclosed in an
4 envelope, plainly addressed to the attorney at his
5 or her business address, or to the party at his or
6 her business address or residence, with postage
7 fully pre-paid; or
8 (4) by transmitting them via facsimile machine
9 to the office of the attorney or party, who has
10 consented to receiving service by facsimile
11 transmission. Briefs filed in reviewing courts shall
12 be served in accordance with Supreme Court Rule.
13 (i) A party or attorney electing to serve
14 pleading by facsimile must include on the
15 certificate of service transmitted the
16 telephone number of the sender's facsimile
17 transmitting device. Use of service by
18 facsimile shall be deemed consent by that party
19 or attorney to receive service by facsimile
20 transmission. Any party may rescind consent of
21 service by facsimile transmission in a case by
22 filing with the court and serving a notice on
23 all parties or their attorneys who have filed
24 appearances that facsimile service will not be
25 accepted. A party or attorney who has rescinded
26 consent to service by facsimile transmission in
27 a case may not serve another party or attorney
28 by facsimile transmission in that case.
29 (ii) Each page of notices and documents
30 transmitted by facsimile pursuant to this rule
31 should bear the circuit court number, the title
32 of the document, and the page number.
33 (c) Multiple parties or attorneys. In cases in
34 which there are 2 or more minor-respondents who appear by
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1 different attorneys, service on all papers shall be made
2 on the attorney for each of the parties. If one attorney
3 appears for several parties, he or she is entitled to
4 only one copy of any paper served upon him or her by the
5 opposite side. When more than one attorney appears for a
6 party, service of a copy upon one of them is sufficient.
7 (3)(a) Filing. When service of a paper is required,
8 proof of service shall be filed with the clerk.
9 (b) Manner of Proof. Service is proved:
10 (i) by written acknowledgement signed by the
11 person served;
12 (ii) in case of service by personal delivery,
13 by certificate of the attorney, or affidavit of a
14 person, other that an attorney, who made delivery;
15 (iii) in case of service by mail, by
16 certificate of the attorney, or affidavit of a
17 person other than the attorney, who deposited the
18 paper in the mail, stating the time and place of
19 mailing, the complete address which appeared on the
20 envelope, and the fact that proper postage was
21 pre-paid; or
22 (iv) in case of service by facsimile
23 transmission, by certificate of the attorney or
24 affidavit of a person other than the attorney, who
25 transmitted the paper via facsimile machine, stating
26 the time and place of transmission, the telephone
27 number to which the transmission was sent and the
28 number of pages transmitted.
29 (c) Effective date of service by mail. Service by
30 mail is complete 4 days after mailing.
31 (d) Effective date of service by facsimile
32 transmission. Service by facsimile machine is complete on
33 the first court day following transmission.
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1 (705 ILCS 405/Art. V, Part 6 heading new)
2 PART 6. TRIAL
3 (705 ILCS 405/5-601 new)
4 Sec. 5-601. Trial.
5 (1) When a petition has been filed alleging that the
6 minor is a delinquent, a trial must be held within 120 days
7 of a written demand for such hearing made by any party,
8 except that when the State, without success, has exercised
9 due diligence to obtain evidence material to the case and
10 there are reasonable grounds to believe that the evidence may
11 be obtained at a later date, the court may, upon motion by
12 the State, continue the trial for not more than 30 additional
13 days.
14 (2) If a minor respondent has multiple delinquency
15 petitions pending against him or her in the same county and
16 simultaneously demands a trial upon more than one delinquency
17 petition pending against him or her in the same county, he or
18 she shall receive a trial or have a finding, after waiver of
19 trial, upon at least one such petition before expiration
20 relative to any of the pending petitions of the period
21 described by this Section. All remaining petitions thus
22 pending against the minor respondent shall be adjudicated
23 within 160 days from the date on which a finding relative to
24 the first petition prosecuted is rendered under Section 5-620
25 of this Article, or, if the trial upon the first petition is
26 terminated without a finding and there is no subsequent
27 trial, or adjudication after waiver of trial, on the first
28 petition within a reasonable time, the minor shall receive a
29 trial upon all of the remaining petitions within 160 days
30 from the date on which the trial, or finding after waiver of
31 trial, on the first petition is concluded. If either such
32 period of 160 days expires without the commencement of trial,
33 or adjudication after waiver of trial, of any of the
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1 remaining pending petitions, the petition or petitions shall
2 be dismissed and barred for want of prosecution unless the
3 delay is occasioned by any of the reasons described in this
4 Section.
5 (3) When no such trial is held within the time required
6 by subsections (1) and (2) of this Section, the court shall,
7 upon motion by any party, dismiss the petition with
8 prejudice.
9 (4) Without affecting the applicability of the tolling
10 and multiple prosecution provisions of subsections (8) and
11 (2) of this Section when a petition has been filed alleging
12 that the minor is a delinquent and the minor is in detention
13 or shelter care, the trial shall be held within 30 calendar
14 days after the date of the order directing detention or
15 shelter care, or the earliest possible date in compliance
16 with the provisions of Section 5-525 as to the custodial
17 parent, guardian or legal custodian, but no later than 45
18 calendar days from the date of the order of the court
19 directing detention or shelter care. When the petition
20 alleges the minor has committed an offense involving a
21 controlled substance as defined in the Illinois Controlled
22 Substances Act, the court may, upon motion of the State,
23 continue the trial for receipt of a confirmatory laboratory
24 report for up to 45 days after the date of the order
25 directing detention or shelter care. When the petition
26 alleges the minor committed an offense that involves the
27 death of, great bodily harm to or sexual assault or
28 aggravated criminal sexual abuse on a victim, the court may,
29 upon motion of the State, continue the trial for not more
30 than 70 calendar days after the date of the order directing
31 detention or shelter care.
32 Any failure to comply with the time limits of this
33 Section shall require the immediate release of the minor from
34 detention, and the time limits set forth in subsections (1)
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1 and (2) shall apply.
2 (5) If the court determines that the State, without
3 success, has exercised due diligence to obtain the results of
4 DNA testing that is material to the case, and that there are
5 reasonable grounds to believe that the results may be
6 obtained at a later date, the court may continue the cause on
7 application of the State for not more than 120 additional
8 days. The court may also extend the period of detention of
9 the minor for not more than 120 additional days.
10 (6) If the State's Attorney makes a written request that
11 a proceeding be designated an extended juvenile jurisdiction
12 prosecution, and the minor is in detention, the period the
13 minor can be held in detention pursuant to subsection (4),
14 shall be extended an additional 30 days after the court
15 determines whether the proceeding will be designated an
16 extended juvenile jurisdiction prosecution or the State's
17 Attorney withdraws the request for extended juvenile
18 jurisdiction prosecution.
19 (7) When the State's Attorney files a motion for waiver
20 of jurisdiction pursuant to Section 5-805, and the minor is
21 in detention, the period the minor can be held in detention
22 pursuant to subsection (4), shall be extended an additional
23 30 days if the court denies motion for waiver of jurisdiction
24 or the State's Attorney withdraws the motion for waiver of
25 jurisdiction.
26 (8) The period in which a trial shall be held as
27 prescribed by subsections (1), (2), (3), (4), (5), (6), or
28 (7) of this Section is tolled by: (i) delay occasioned by the
29 minor; (ii) a continuance allowed pursuant to Section 114-4
30 of the Code of Criminal Procedure of 1963 after the court's
31 determination of the minor's incapacity for trial; (iii) an
32 interlocutory appeal; (iv) an examination of fitness ordered
33 pursuant to Section 104-13 of the Code of Criminal Procedure
34 of 1963; (v) a fitness hearing; or (vi) an adjudication of
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1 unfitness for trial. Any such delay shall temporarily
2 suspend, for the time of the delay, the period within which a
3 trial must be held as prescribed by subsections (1), (2),
4 (4), (5), and (6) of this Section. On the day of expiration
5 of the delays the period shall continue at the point at which
6 the time was suspended.
7 (9) Nothing in this Section prevents the minor or the
8 minor's parents, guardian or legal custodian from exercising
9 their respective rights to waive the time limits set forth in
10 this Section.
11 (705 ILCS 405/5-605 new)
12 Sec. 5-605. Trials, pleas, guilty but mentally ill and
13 not guilty by reason of insanity.
14 (1) Method of trial. All delinquency proceedings shall
15 be heard by the court except those proceedings under this Act
16 where the right to trial by jury is specifically set forth.
17 At any time a minor may waive his or her right to trial by
18 jury.
19 (2) Pleas of guilty and guilty but mentally ill.
20 (a) Before or during trial, a plea of guilty may be
21 accepted when the court has informed the minor of the
22 consequences of his or her plea and of the maximum
23 penalty provided by law which may be imposed upon
24 acceptance of the plea. Upon acceptance of a plea of
25 guilty, the court shall determine the factual basis of a
26 plea.
27 (b) Before or during trial, a plea of guilty but
28 mentally ill may be accepted by the court when:
29 (i) the minor has undergone an examination by
30 a clinical psychologist or psychiatrist and has
31 waived his or her right to trial; and
32 (ii) the judge has examined the psychiatric or
33 psychological report or reports; and
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1 (iii) the judge has held a hearing, at which
2 either party may present evidence, on the issue of
3 the minor's mental health and, at the conclusion of
4 the hearing, is satisfied that there is a factual
5 basis that the minor was mentally ill at the time of
6 the offense to which the plea is entered.
7 (3) Trial by the court.
8 (a) A trial shall be conducted in the presence of
9 the minor unless he or she waives the right to be
10 present. At the trial, the court shall consider the
11 question whether the minor is delinquent. The standard
12 of proof and the rules of evidence in the nature of
13 criminal proceedings in this State are applicable to that
14 consideration.
15 (b) Upon conclusion of the trial the court shall
16 enter a general finding, except that, when the
17 affirmative defense of insanity has been presented during
18 the trial and acquittal is based solely upon the defense
19 of insanity, the court shall enter a finding of not
20 guilty by reason of insanity. In the event of a finding
21 of not guilty by reason of insanity, a hearing shall be
22 held pursuant to the Mental Health and Developmental
23 Disabilities Code to determine whether the minor is
24 subject to involuntary admission.
25 (c) When the minor has asserted a defense of
26 insanity, the court may find the minor guilty but
27 mentally ill if, after hearing all of the evidence, the
28 court finds that:
29 (i) the State has proven beyond a reasonable
30 doubt that the minor is guilty of the offense
31 charged; and
32 (ii) the minor has failed to prove his or her
33 insanity as required in subsection (b) of Section
34 3-2 of the Criminal Code of 1961, and subsections
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1 (a), (b) and (e) of Section 6-2 of the Criminal Code
2 of 1961; and
3 (iii) the minor has proven by a preponderance
4 of the evidence that he was mentally ill, as defined
5 in subsections (c) and (d) of Section 6-2 of the
6 Criminal Code of 1961 at the time of the offense.
7 (4) Trial by court and jury.
8 (a) Questions of law shall be decided by the court
9 and questions of fact by the jury.
10 (b) The jury shall consist of 12 members.
11 (c) Upon request the parties shall be furnished
12 with a list of prospective jurors with their addresses if
13 known.
14 (d) Each party may challenge jurors for cause. If
15 a prospective juror has a physical impairment, the court
16 shall consider the prospective juror's ability to
17 perceive and appreciate the evidence when considering a
18 challenge for cause.
19 (e) A minor tried alone shall be allowed 7
20 peremptory challenges; except that, in a single trial of
21 more than one minor, each minor shall be allowed 5
22 peremptory challenges. If several charges against a
23 minor or minors are consolidated for trial, each minor
24 shall be allowed peremptory challenges upon one charge
25 only, which single charge shall be the charge against
26 that minor authorizing the greatest maximum penalty. The
27 State shall be allowed the same number of peremptory
28 challenges as all of the minors.
29 (f) After examination by the court, the jurors may
30 be examined, passed upon, accepted and tendered by
31 opposing counsel as provided by Supreme Court Rules.
32 (g) After the jury is impaneled and sworn, the
33 court may direct the selection of 2 alternate jurors who
34 shall take the same oath as the regular jurors. Each
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1 party shall have one additional peremptory challenge for
2 each alternate juror. If before the final submission of
3 a cause a member of the jury dies or is discharged, he or
4 she shall be replaced by an alternate juror in the order
5 of selection.
6 (h) A trial by the court and jury shall be
7 conducted in the presence of the minor unless he or she
8 waives the right to be present.
9 (i) After arguments of counsel the court shall
10 instruct the jury as to the law.
11 (j) Unless the affirmative defense of insanity has
12 been presented during the trial, the jury shall return a
13 general verdict as to each offense charged. When the
14 affirmative defense of insanity has been presented during
15 the trial, the court shall provide the jury not only with
16 general verdict forms but also with a special verdict
17 form of not guilty by reason of insanity, as to each
18 offense charged, and in the event the court shall
19 separately instruct the jury that a special verdict of
20 not guilty by reason of insanity may be returned instead
21 of a general verdict but the special verdict requires a
22 unanimous finding by the jury that the minor committed
23 the acts charged but at the time of the commission of
24 those acts the minor was insane. In the event of a
25 verdict of not guilty by reason of insanity, a hearing
26 shall be held pursuant to the Mental Health and
27 Developmental Disabilities Code to determine whether the
28 minor is subject to involuntary admission. When the
29 affirmative defense of insanity has been presented during
30 the trial, the court, where warranted by the evidence,
31 shall also provide the jury with a special verdict form
32 of guilty but mentally ill, as to each offense charged
33 and shall separately instruct the jury that a special
34 verdict of guilty but mentally ill may be returned
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1 instead of a general verdict, but that the special
2 verdict requires a unanimous finding by the jury that:
3 (i) the State has proven beyond a reasonable doubt that
4 the minor is guilty of the offense charged; and (ii) the
5 minor has failed to prove his or her insanity as required
6 in subsection (b) of Section 3-2 of the Criminal Code of
7 1961 and subsections (a), (b) and (e) of Section 6-2 of
8 the Criminal Code of 1961; and (iii) the minor has proven
9 by a preponderance of the evidence that he or she was
10 mentally ill, as defined in subsections (c) and (d) of
11 Section 6-2 of the Criminal Code of 1961 at the time of
12 the offense.
13 (k) When, at the close of the State's evidence or
14 at the close of all of the evidence, the evidence is
15 insufficient to support a finding or verdict of guilty
16 the court may and on motion of the minor shall make a
17 finding or direct the jury to return a verdict of not
18 guilty, enter a judgment of acquittal and discharge the
19 minor.
20 (l) When the jury retires to consider its verdict,
21 an officer of the court shall be appointed to keep them
22 together and to prevent conversation between the jurors
23 and others; however, if any juror is deaf, the jury may
24 be accompanied by and may communicate with a
25 court-appointed interpreter during its deliberations.
26 Upon agreement between the State and minor or his or her
27 counsel, and the parties waive polling of the jury, the
28 jury may seal and deliver its verdict to the clerk of the
29 court, separate, and then return the verdict in open
30 court at its next session.
31 (m) In a trial, any juror who is a member of a
32 panel or jury which has been impaneled and sworn as a
33 panel or as a jury shall be permitted to separate from
34 other jurors during every period of adjournment to a
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1 later day, until final submission of the cause to the
2 jury for determination, except that no such separation
3 shall be permitted in any trial after the court, upon
4 motion by the minor or the State or upon its own motion,
5 finds a probability that prejudice to the minor or to the
6 State will result from the separation.
7 (n) The members of the jury shall be entitled to
8 take notes during the trial, and the sheriff of the
9 county in which the jury is sitting shall provide them
10 with writing materials for this purpose. The notes shall
11 remain confidential, and shall be destroyed by the
12 sheriff after the verdict has been returned or a mistrial
13 declared.
14 (o) A minor tried by the court and jury shall only
15 be found guilty, guilty but mentally ill, not guilty or
16 not guilty by reason of insanity, upon the unanimous
17 verdict of the jury.
18 (705 ILCS 405/5-610 new)
19 Sec. 5-610. Guardian ad litem and appointment of
20 attorney.
21 (1) The court may appoint a guardian ad litem for the
22 minor whenever it finds that there may be a conflict of
23 interest between the minor and his or her parent, guardian or
24 legal custodian or that it is otherwise in the minor's
25 interest to do so.
26 (2) Unless the guardian ad litem is an attorney, he or
27 she shall be represented by counsel.
28 (3) The reasonable fees of a guardian ad litem appointed
29 under this Section shall be fixed by the court and charged to
30 the parents of the minor, to the extent they are able to pay.
31 If the parents are unable to pay those fees, they shall be
32 paid from the general fund of the county.
33 (4) If, during the court proceedings, the parents,
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1 guardian, or legal custodian prove that he or she has an
2 actual conflict of interest with the minor in that
3 delinquency proceeding and that the parents, guardian, or
4 legal custodian are indigent, the court shall appoint a
5 separate attorney for that parent, guardian, or legal
6 custodian.
7 (705 ILCS 405/5-615 new)
8 Sec. 5-615. Continuance under supervision.
9 (1) The court may enter an order of continuance under
10 supervision for an offense other than first degree murder, a
11 Class X felony or a forcible felony (a) upon an admission or
12 stipulation by the appropriate respondent or minor respondent
13 of the facts supporting the petition and before proceeding to
14 adjudication, or after hearing the evidence at the trial, and
15 (b) in the absence of objection made in open court by the
16 minor, his or her parent, guardian, or legal custodian, the
17 minor's attorney or the State's Attorney.
18 (2) If the minor, his or her parent, guardian, or legal
19 custodian, the minor's attorney or State's Attorney objects
20 in open court to any continuance and insists upon proceeding
21 to findings and adjudication, the court shall so proceed.
22 (3) Nothing in this Section limits the power of the
23 court to order a continuance of the hearing for the
24 production of additional evidence or for any other proper
25 reason.
26 (4) When a hearing where a minor is alleged to be a
27 delinquent is continued pursuant to this Section, the period
28 of continuance under supervision may not exceed 24 months.
29 The court may terminate a continuance under supervision at
30 any time if warranted by the conduct of the minor and the
31 ends of justice.
32 (5) When a hearing where a minor is alleged to be
33 delinquent is continued pursuant to this Section, the court
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1 may, as conditions of the continuance under supervision,
2 require the minor to do any of the following:
3 (a) not violate any criminal statute of any
4 jurisdiction;
5 (b) make a report to and appear in person before
6 any person or agency as directed by the court;
7 (c) work or pursue a course of study or vocational
8 training;
9 (d) undergo medical or psychotherapeutic treatment
10 rendered by a therapist licensed under the provisions of
11 the Medical Practice Act of 1987, the Clinical
12 Psychologist Licensing Act, or the Clinical Social Work
13 and Social Work Practice Act, or an entity licensed by
14 the Department of Human Services as a successor to the
15 Department of Alcoholism and Substance Abuse, for the
16 provision of drug addiction and alcoholism treatment;
17 (e) attend or reside in a facility established for
18 the instruction or residence of persons on probation;
19 (f) support his or her dependents, if any;
20 (g) pay costs;
21 (h) refrain from possessing a firearm or other
22 dangerous weapon, or an automobile;
23 (i) permit the probation officer to visit him or
24 her at his or her home or elsewhere;
25 (j) reside with his or her parents or in a foster
26 home;
27 (k) attend school;
28 (l) attend a non-residential program for youth;
29 (m) contribute to his or her own support at home or
30 in a foster home;
31 (n) perform some reasonable public or community
32 service;
33 (o) make restitution to the victim, in the same
34 manner and under the same conditions as provided in
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1 subsection (4) of Section 5-710, except that the
2 "sentencing hearing" referred to in that Section shall be
3 the adjudicatory hearing for purposes of this Section;
4 (p) comply with curfew requirements as designated
5 by the court;
6 (q) refrain from entering into a designated
7 geographic area except upon terms as the court finds
8 appropriate. The terms may include consideration of the
9 purpose of the entry, the time of day, other persons
10 accompanying the minor, and advance approval by a
11 probation officer;
12 (r) refrain from having any contact, directly or
13 indirectly, with certain specified persons or particular
14 types of persons, including but not limited to members of
15 street gangs and drug users or dealers;
16 (s) refrain from having in his or her body the
17 presence of any illicit drug prohibited by the Cannabis
18 Control Act or the Illinois Controlled Substances Act,
19 unless prescribed by a physician, and submit samples of
20 his or her blood or urine or both for tests to determine
21 the presence of any illicit drug; or
22 (t) comply with any other conditions as may be
23 ordered by the court.
24 (6) A minor whose case is continued under supervision
25 under subsection (5) shall be given a certificate setting
26 forth the conditions imposed by the court. Those conditions
27 may be reduced, enlarged, or modified by the court on motion
28 of the probation officer or on its own motion, or that of the
29 State's Attorney, or, at the request of the minor after
30 notice and hearing.
31 (7) If a petition is filed charging a violation of a
32 condition of the continuance under supervision, the court
33 shall conduct a hearing. If the court finds that a condition
34 of supervision has not been fulfilled, the court may proceed
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1 to findings and adjudication and disposition. The filing of
2 a petition for violation of a condition of the continuance
3 under supervision shall toll the period of continuance under
4 supervision until the final determination of the charge, and
5 the term of the continuance under supervision shall not run
6 until the hearing and disposition of the petition for
7 violation; provided where the petition alleges conduct that
8 does not constitute a criminal offense, the hearing must be
9 held within 30 days of the filing of the petition unless a
10 delay shall continue the tolling of the period of continuance
11 under supervision for the period of the delay.
12 (8) When a hearing in which a minor is alleged to be a
13 delinquent for reasons that include a violation of Section
14 21-1.3 of the Criminal Code of 1961 is continued under this
15 Section, the court shall, as a condition of the continuance
16 under supervision, require the minor to perform community
17 service for not less than 30 and not more than 120 hours, if
18 community service is available in the jurisdiction. The
19 community service shall include, but need not be limited to,
20 the cleanup and repair of the damage that was caused by the
21 alleged violation or similar damage to property located in
22 the municipality or county in which the alleged violation
23 occurred. The condition may be in addition to any other
24 condition.
25 (9) When a hearing in which a minor is alleged to be a
26 delinquent is continued under this Section, the court, before
27 continuing the case, shall make a finding whether the offense
28 alleged to have been committed either: (i) was related to or
29 in furtherance of the activities of an organized gang or was
30 motivated by the minor's membership in or allegiance to an
31 organized gang, or (ii) is a violation of paragraph (13) of
32 subsection (a) of Section 12-2 of the Criminal Code of 1961,
33 a violation of any Section of Article 24 of the Criminal Code
34 of 1961, or a violation of any statute that involved the
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1 unlawful use of a firearm. If the court determines the
2 question in the affirmative the court shall, as a condition
3 of the continuance under supervision and as part of or in
4 addition to any other condition of the supervision, require
5 the minor to perform community service for not less than 30
6 hours nor more than 120 hours, provided that community
7 service is available in the jurisdiction and is funded and
8 approved by the county board of the county where the offense
9 was committed. The community service shall include, but need
10 not be limited to, the cleanup and repair of any damage
11 caused by an alleged violation of Section 21-1.3 of the
12 Criminal Code of 1961 and similar damage to property located
13 in the municipality or county in which the alleged violation
14 occurred. When possible and reasonable, the community
15 service shall be performed in the minor's neighborhood. For
16 the purposes of this Section, "organized gang" has the
17 meaning ascribed to it in Section 10 of the Illinois
18 Streetgang Terrorism Omnibus Prevention Act.
19 (10) The court shall impose upon a minor placed on
20 supervision, as a condition of the supervision, a fee of $25
21 for each month of supervision ordered by the court, unless
22 after determining the inability of the minor placed on
23 supervision to pay the fee, the court assesses a lesser
24 amount. The court may not impose the fee on a minor who is
25 made a ward of the State under this Act while the minor is in
26 placement. The fee shall be imposed only upon a minor who is
27 actively supervised by the probation and court services
28 department. A court may order the parent, guardian, or legal
29 custodian of the minor to pay some or all of the fee on the
30 minor's behalf.
31 (705 ILCS 405/5-620 new)
32 Sec. 5-620. Findings.
33 After hearing the evidence, the court shall make and note
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1 in the minutes of the proceeding a finding of whether or not
2 the minor is guilty. If it finds that the minor is not
3 guilty, the court shall order the petition dismissed and the
4 minor discharged from any detention or restriction previously
5 ordered in such proceeding. If the court finds that the
6 minor is guilty, the court shall then set a time for a
7 sentencing hearing to be conducted under Section 5-705 at
8 which hearing the court shall determine whether it is in the
9 best interests of the minor and the public that he or she be
10 made a ward of the court. To assist the court in making this
11 and other determinations at the sentencing hearing, the court
12 may order that an investigation be conducted and a social
13 investigation report be prepared.
14 (705 ILCS 405/5-625 new)
15 Sec. 5-625. Absence of minor.
16 (1) When a minor after arrest and an initial court
17 appearance for a felony, fails to appear for trial, at the
18 request of the State and after the State has affirmatively
19 proven through substantial evidence that the minor is
20 willfully avoiding trial, the court may commence trial in the
21 absence of the minor. The absent minor must be represented
22 by retained or appointed counsel. If trial had previously
23 commenced in the presence of the minor and the minor
24 willfully absents himself for 2 successive court days, the
25 court shall proceed to trial. All procedural rights
26 guaranteed by the United States Constitution, Constitution of
27 the State of Illinois, statutes of the State of Illinois, and
28 rules of court shall apply to the proceedings the same as if
29 the minor were present in court. The court may set the case
30 for a trial which may be conducted under this Section despite
31 the failure of the minor to appear at the hearing at which
32 the trial date is set. When the trial date is set the clerk
33 shall send to the minor, by certified mail at his or her last
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1 known address, notice of the new date which has been set for
2 trial. The notification shall be required when the minor was
3 not personally present in open court at the time when the
4 case was set for trial.
5 (2) The absence of the minor from a trial conducted
6 under this Section does not operate as a bar to concluding
7 the trial, to a finding of guilty resulting from the trial,
8 or to a final disposition of the trial in favor of the minor.
9 (3) Upon a finding or verdict of not guilty the court
10 shall enter finding for the minor. Upon a finding or verdict
11 of guilty, the court shall set a date for the hearing of
12 post-trial motions and shall hear the motion in the absence
13 of the minor. If post-trial motions are denied, the court
14 shall proceed to conduct a sentencing hearing and to impose a
15 sentence upon the minor. A social investigation is waived if
16 the minor is absent.
17 (4) A minor who is absent for part of the proceedings of
18 trial, post-trial motions, or sentencing, does not thereby
19 forfeit his or her right to be present at all remaining
20 proceedings.
21 (5) When a minor who in his or her absence has been
22 either found guilty or sentenced or both found guilty and
23 sentenced appears before the court, he or she must be granted
24 a new trial or a new sentencing hearing if the minor can
25 establish that his or her failure to appear in court was both
26 without his or her fault and due to circumstances beyond his
27 or her control. A hearing with notice to the State's
28 Attorney on the minors request for a new trial or a new
29 sentencing hearing must be held before any such request may
30 be granted. At any such hearing both the minor and the State
31 may present evidence.
32 (6) If the court grants only the minor's request for a
33 new sentencing hearing, then a new sentencing hearing shall
34 be held in accordance with the provisions of this Article. At
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1 any such hearing, both the minor and the State may offer
2 evidence of the minor's conduct during his or her period of
3 absence from the court. The court may impose any sentence
4 authorized by this Article and in the case of an extended
5 juvenile jurisdiction prosecution the Unified Code of
6 Corrections and is not in any way limited or restricted by
7 any sentence previously imposed.
8 (7) A minor whose motion under subsection (5) for a new
9 trial or new sentencing hearing has been denied may file a
10 notice of appeal from the denial. The notice may also include
11 a request for review of the finding and sentence not vacated
12 by the trial court.
13 (705 ILCS 405/Art. V, Part 7 heading new)
14 PART 7. PROCEEDINGS AFTER TRIAL, SENTENCING
15 (705 ILCS 405/5-701 new)
16 Sec. 5-701. Social investigation report. Upon the order
17 of the court, a social investigation report shall be prepared
18 and delivered to the parties at least 3 days prior to the
19 sentencing hearing. The written report of social
20 investigation shall include an investigation and report of
21 the minor's physical and mental history and condition, family
22 situation and background, economic status, education,
23 occupation, personal habits, minor's history of delinquency
24 or criminality or other matters which have been brought to
25 the attention of the juvenile court, information about
26 special resources known to the person preparing the report
27 which might be available to assist in the minor's
28 rehabilitation, and any other matters which may be helpful to
29 the court or which the court directs to be included.
30 (705 ILCS 405/5-705 new)
31 Sec. 5-705. Sentencing hearing; evidence; continuance.
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1 (1) At the sentencing hearing, the court shall determine
2 whether it is in the best interests of the minor or the
3 public that he or she be made a ward of the court, and, if he
4 or she is to be made a ward of the court, the court shall
5 determine the proper disposition best serving the interests
6 of the minor and the public. All evidence helpful in
7 determining these questions, including oral and written
8 reports, may be admitted and may be relied upon to the extent
9 of its probative value, even though not competent for the
10 purposes of the trial. A record of a prior continuance under
11 supervision under Section 5-615, whether successfully
12 completed or not, is admissible at the sentencing hearing.
13 No order of commitment to the Department of Corrections,
14 Juvenile Division, shall be entered against a minor before a
15 written report of social investigation, which has been
16 completed within the previous 60 days, is presented to and
17 considered by the court.
18 (2) Once a party has been served in compliance with
19 Section 5-525, no further service or notice must be given to
20 that party prior to proceeding to a sentencing hearing.
21 Before imposing sentence the court shall advise the State's
22 Attorney and the parties who are present or their counsel of
23 the factual contents and the conclusions of the reports
24 prepared for the use of the court and considered by it, and
25 afford fair opportunity, if requested, to controvert them.
26 Factual contents, conclusions, documents and sources
27 disclosed by the court under this paragraph shall not be
28 further disclosed without the express approval of the court.
29 (3) On its own motion or that of the State's Attorney, a
30 parent, guardian, legal custodian, or counsel, the court may
31 adjourn the hearing for a reasonable period to receive
32 reports or other evidence and, in such event, shall make an
33 appropriate order for detention of the minor or his or her
34 release from detention subject to supervision by the court
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1 during the period of the continuance. In the event the court
2 shall order detention hereunder, the period of the
3 continuance shall not exceed 30 court days. At the end of
4 such time, the court shall release the minor from detention
5 unless notice is served at least 3 days prior to the hearing
6 on the continued date that the State will be seeking an
7 extension of the period of detention, which notice shall
8 state the reason for the request for the extension. The
9 extension of detention may be for a maximum period of an
10 additional 15 court days or a lesser number of days at the
11 discretion of the court. However, at the expiration of the
12 period of extension, the court shall release the minor from
13 detention if a further continuance is granted. In scheduling
14 investigations and hearings, the court shall give priority to
15 proceedings in which a minor is in detention or has otherwise
16 been removed from his or her home before a sentencing order
17 has been made.
18 (4) When commitment to the Department of Corrections,
19 Juvenile Division, is ordered, the court shall state the
20 basis for selecting the particular disposition, and the court
21 shall prepare such a statement for inclusion in the record.
22 (705 ILCS 405/5-710 new)
23 Sec. 5-710. Kinds of sentencing orders.
24 (1) The following kinds of sentencing orders may be made
25 in respect of wards of the court:
26 (a) Except as provided in Sections 5-805, 5-810,
27 5-815, a minor who is found guilty under Section 5-620
28 may be:
29 (i) put on probation or conditional discharge
30 and released to his or her parents, guardian or
31 legal custodian, provided, however, that any such
32 minor who is not committed to the Department of
33 Corrections, Juvenile Division under this subsection
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1 and who is found to be a delinquent for an offense
2 which is first degree murder, a Class X felony, or a
3 forcible felony shall be placed on probation;
4 (ii) placed in accordance with Section 5-740,
5 with or without also being put on probation or
6 conditional discharge;
7 (iii) required to undergo a substance abuse
8 assessment conducted by a licensed provider and
9 participate in the indicated clinical level of care;
10 (iv) placed in the guardianship of the
11 Department of Children and Family Services, but only
12 if the delinquent minor is under 13 years of age;
13 (v) placed in detention for a period not to
14 exceed 30 days, either as the exclusive order of
15 disposition or, where appropriate, in conjunction
16 with any other order of disposition issued under
17 this paragraph, provided that any such detention
18 shall be in a juvenile detention home and the minor
19 so detained shall be 10 years of age or older.
20 However, the 30-day limitation may be extended by
21 further order of the court for a minor under age 13
22 committed to the Department of Children and Family
23 Services if the court finds that the minor is a
24 danger to himself or others. The minor shall be
25 given credit on the sentencing order of detention
26 for time spent in detention under Sections 5-501,
27 5-601, 5-710, or 5-720 of this Article as a result
28 of the offense for which the sentencing order was
29 imposed. The court may grant credit on a sentencing
30 order of detention entered under a violation of
31 probation or violation of conditional discharge
32 under Section 5-720 of this Article for time spent
33 in detention before the filing of the petition
34 alleging the violation. A minor shall not be
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1 deprived of credit for time spent in detention
2 before the filing of a violation of probation or
3 conditional discharge alleging the same or related
4 act or acts;
5 (vi) ordered partially or completely
6 emancipated in accordance with the provisions of the
7 Emancipation of Mature Minors Act;
8 (vii) subject to having his or her driver's
9 license or driving privileges suspended for such
10 time as determined by the court but only until he or
11 she attains 18 years of age; or
12 (viii) put on probation or conditional
13 discharge and placed in detention under Section
14 3-6039 of the Counties Code for a period not to
15 exceed the period of incarceration permitted by law
16 for adults found guilty of the same offense or
17 offenses for which the minor was adjudicated
18 delinquent, and in any event no longer than upon
19 attainment of age 21; this subdivision (viii)
20 notwithstanding any contrary provision of the law.
21 (b) A minor found to be guilty may be committed to
22 the Department of Corrections, Juvenile Division, under
23 Section 5-750 if the minor is 13 years of age or older,
24 provided that the commitment to the Department of
25 Corrections, Juvenile Division, shall be made only if a
26 term of incarceration is permitted by law for adults
27 found guilty of the offense for which the minor was
28 adjudicated delinquent. The time during which a minor is
29 in custody before being released upon the request of a
30 parent, guardian or legal custodian shall be considered
31 as time spent in detention.
32 (c) When a minor is found to be guilty for an
33 offense which is a violation of the Illinois Controlled
34 Substances Act or the Cannabis Control Act and made a
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1 ward of the court, the court may enter a disposition
2 order requiring the minor to undergo assessment,
3 counseling or treatment in a substance abuse program
4 approved by the Department of Human Services.
5 (2) Any sentencing order other than commitment to the
6 Department of Corrections, Juvenile Division, may provide for
7 protective supervision under Section 5-725 and may include an
8 order of protection under Section 5-730.
9 (3) Unless the sentencing order expressly so provides,
10 it does not operate to close proceedings on the pending
11 petition, but is subject to modification until final closing
12 and discharge of the proceedings under Section 5-750.
13 (4) In addition to any other sentence, the court may
14 order any minor found to be delinquent to make restitution,
15 in monetary or non-monetary form, under the terms and
16 conditions of Section 5-5-6 of the Unified Code of
17 Corrections, except that the "presentencing hearing" referred
18 to in that Section shall be the sentencing hearing for
19 purposes of this Section. The parent, guardian or legal
20 custodian of the minor may be ordered by the court to pay
21 some or all of the restitution on the minor's behalf,
22 pursuant to the Parental Responsibility Law. The State's
23 Attorney is authorized to act on behalf of any victim in
24 seeking restitution in proceedings under this Section, up to
25 the maximum amount allowed in Section 5 of the Parental
26 Responsibility Law.
27 (5) Any sentencing order where the minor is committed or
28 placed in accordance with Section 5-740 shall provide for the
29 parents or guardian of the estate of the minor to pay to the
30 legal custodian or guardian of the person of the minor such
31 sums as are determined by the custodian or guardian of the
32 person of the minor as necessary for the minor's needs. The
33 payments may not exceed the maximum amounts provided for by
34 Section 9.1 of the Children and Family Services Act.
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1 (6) Whenever the sentencing order requires the minor to
2 attend school or participate in a program of training, the
3 truant officer or designated school official shall regularly
4 report to the court if the minor is a chronic or habitual
5 truant under Section 26-2a of the School Code.
6 (7) In no event shall a guilty minor be committed to the
7 Department of Corrections, Juvenile Division for a period of
8 time in excess of that period for which an adult could be
9 committed for the same act.
10 (8) A minor found to be guilty for reasons that include
11 a violation of Section 21-1.3 of the Criminal Code of 1961
12 shall be ordered to perform community service for not less
13 than 30 and not more than 120 hours, if community service is
14 available in the jurisdiction. The community service shall
15 include, but need not be limited to, the cleanup and repair
16 of the damage that was caused by the violation or similar
17 damage to property located in the municipality or county in
18 which the violation occurred. The order may be in addition
19 to any other order authorized by this Section.
20 (9) In addition to any other sentencing order, the court
21 shall order any minor found to be guilty for an act which
22 would constitute, predatory criminal sexual assault of a
23 child, aggravated criminal sexual assault, criminal sexual
24 assault, aggravated criminal sexual abuse, or criminal sexual
25 abuse if committed by an adult to undergo medical testing to
26 determine whether the defendant has any sexually
27 transmissible disease including a test for infection with
28 human immunodeficiency virus (HIV) or any other identified
29 causative agency of acquired immunodeficiency syndrome
30 (AIDS). Any medical test shall be performed only by
31 appropriately licensed medical practitioners and may include
32 an analysis of any bodily fluids as well as an examination of
33 the minor's person. Except as otherwise provided by law, the
34 results of the test shall be kept strictly confidential by
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1 all medical personnel involved in the testing and must be
2 personally delivered in a sealed envelope to the judge of the
3 court in which the sentencing order was entered for the
4 judge's inspection in camera. Acting in accordance with the
5 best interests of the victim and the public, the judge shall
6 have the discretion to determine to whom the results of the
7 testing may be revealed. The court shall notify the minor of
8 the results of the test for infection with the human
9 immunodeficiency virus (HIV). The court shall also notify
10 the victim if requested by the victim, and if the victim is
11 under the age of 15 and if requested by the victim's parents
12 or legal guardian, the court shall notify the victim's
13 parents or the legal guardian, of the results of the test for
14 infection with the human immunodeficiency virus (HIV). The
15 court shall provide information on the availability of HIV
16 testing and counseling at the Department of Public Health
17 facilities to all parties to whom the results of the testing
18 are revealed. The court shall order that the cost of any
19 test shall be paid by the county and may be taxed as costs
20 against the minor.
21 (10) When a court finds a minor to be guilty the court
22 shall, before entering a sentencing order under this Section,
23 make a finding whether the offense committed either: (a) was
24 related to or in furtherance of the criminal activities of an
25 organized gang or was motivated by the minor's membership in
26 or allegiance to an organized gang, or (b) involved a
27 violation of subsection (a) of Section 12-7.1 of the Criminal
28 Code of 1961, a violation of any Section of Article 24 of the
29 Criminal Code of 1961, or a violation of any statute that
30 involved the wrongful use of a firearm. If the court
31 determines the question in the affirmative, and the court
32 does not commit the minor to the Department of Corrections,
33 Juvenile Division, the court shall order the minor to perform
34 community service for not less than 30 hours nor more than
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1 120 hours, provided that community service is available in
2 the jurisdiction and is funded and approved by the county
3 board of the county where the offense was committed. The
4 community service shall include, but need not be limited to,
5 the cleanup and repair of any damage caused by a violation of
6 Section 21-1.3 of the Criminal Code of 1961 and similar
7 damage to property located in the municipality or county in
8 which the violation occurred. When possible and reasonable,
9 the community service shall be performed in the minor's
10 neighborhood. This order shall be in addition to any other
11 order authorized by this Section except for an order to place
12 the minor in the custody of the Department of Corrections,
13 Juvenile Division. For the purposes of this Section,
14 "organized gang" has the meaning ascribed to it in Section 10
15 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
16 (705 ILCS 405/5-715 new)
17 Sec. 5-715. Probation.
18 (1) The period of probation or conditional discharge
19 shall not exceed 5 years or until the minor has attained the
20 age of 21 years, whichever is less, except as provided in
21 this Section for a minor who is found to be guilty for an
22 offense which is first degree murder, a Class X felony or a
23 forcible felony. The juvenile court may terminate probation
24 or conditional discharge and discharge the minor at any time
25 if warranted by the conduct of the minor and the ends of
26 justice; provided, however, that the period of probation for
27 a minor who is found to be guilty for an offense which is
28 first degree murder, a Class X felony, or a forcible felony
29 shall be at least 5 years.
30 (2) The court may as a condition of probation or of
31 conditional discharge require that the minor:
32 (a) not violate any criminal statute of any
33 jurisdiction;
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1 (b) make a report to and appear in person before
2 any person or agency as directed by the court;
3 (c) work or pursue a course of study or vocational
4 training;
5 (d) undergo medical or psychiatric treatment,
6 rendered by a psychiatrist or psychological treatment
7 rendered by a clinical psychologist or social work
8 services rendered by a clinical social worker, or
9 treatment for drug addiction or alcoholism;
10 (e) attend or reside in a facility established for
11 the instruction or residence of persons on probation;
12 (f) support his or her dependents, if any;
13 (g) refrain from possessing a firearm or other
14 dangerous weapon, or an automobile;
15 (h) permit the probation officer to visit him or
16 her at his or her home or elsewhere;
17 (i) reside with his or her parents or in a foster
18 home;
19 (j) attend school;
20 (k) attend a non-residential program for youth;
21 (l) make restitution under the terms of subsection
22 (4) of Section 5-710;
23 (m) contribute to his or her own support at home or
24 in a foster home;
25 (n) perform some reasonable public or community
26 service;
27 (o) participate with community corrections programs
28 including unified delinquency intervention services
29 administered by the Department of Human Services subject
30 to Section 5 of the Children and Family Services Act;
31 (p) pay costs;
32 (q) serve a term of home confinement. In addition
33 to any other applicable condition of probation or
34 conditional discharge, the conditions of home confinement
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1 shall be that the minor:
2 (i) remain within the interior premises of the
3 place designated for his or her confinement during
4 the hours designated by the court;
5 (ii) admit any person or agent designated by
6 the court into the minor's place of confinement at
7 any time for purposes of verifying the minor's
8 compliance with the conditions of his or her
9 confinement; and
10 (iii) use an approved electronic monitoring
11 device if ordered by the court subject to Article 8A
12 of Chapter V of the Unified Code of Corrections;
13 (r) refrain from entering into a designated
14 geographic area except upon terms as the court finds
15 appropriate. The terms may include consideration of the
16 purpose of the entry, the time of day, other persons
17 accompanying the minor, and advance approval by a
18 probation officer, if the minor has been placed on
19 probation, or advance approval by the court, if the minor
20 has been placed on conditional discharge;
21 (s) refrain from having any contact, directly or
22 indirectly, with certain specified persons or particular
23 types of persons, including but not limited to members of
24 street gangs and drug users or dealers;
25 (t) refrain from having in his or her body the
26 presence of any illicit drug prohibited by the Cannabis
27 Control Act or the Illinois Controlled Substances Act,
28 unless prescribed by a physician, and shall submit
29 samples of his or her blood or urine or both for tests to
30 determine the presence of any illicit drug; or
31 (u) comply with other conditions as may be ordered
32 by the court.
33 (3) The court may as a condition of probation or of
34 conditional discharge require that a minor found guilty on
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1 any alcohol, cannabis, or controlled substance violation,
2 refrain from acquiring a driver's license during the period
3 of probation or conditional discharge. If the minor is in
4 possession of a permit or license, the court may require that
5 the minor refrain from driving or operating any motor vehicle
6 during the period of probation or conditional discharge,
7 except as may be necessary in the course of the minor's
8 lawful employment.
9 (4) A minor on probation or conditional discharge shall
10 be given a certificate setting forth the conditions upon
11 which he or she is being released.
12 (5) The court shall impose upon a minor placed on
13 probation or conditional discharge, as a condition of the
14 probation or conditional discharge, a fee of $25 for each
15 month of probation or conditional discharge supervision
16 ordered by the court, unless after determining the inability
17 of the minor placed on probation or conditional discharge to
18 pay the fee, the court assesses a lesser amount. The court
19 may not impose the fee on a minor who is made a ward of the
20 State under this Act while the minor is in placement. The
21 fee shall be imposed only upon a minor who is actively
22 supervised by the probation and court services department.
23 The court may order the parent, guardian, or legal custodian
24 of the minor to pay some or all of the fee on the minor's
25 behalf.
26 (6) The General Assembly finds that in order to protect
27 the public, the juvenile justice system must compel
28 compliance with the conditions of probation by responding to
29 violations with swift, certain, and fair punishments and
30 intermediate sanctions. The Chief Judge of each circuit
31 shall adopt a system of structured, intermediate sanctions
32 for violations of the terms and conditions of a sentence of
33 probation or conditional discharge, under this Act.
34 The court shall provide as a condition of a disposition
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1 of probation, conditional discharge, or supervision, that the
2 probation agency may invoke any sanction from the list of
3 intermediate sanctions adopted by the chief judge of the
4 circuit court for violations of the terms and conditions of
5 the sentence of probation, conditional discharge, or
6 supervision, subject to the provisions of Section 5-720 of
7 this Act.
8 (705 ILCS 405/5-720 new)
9 Sec. 5-720. Probation revocation.
10 (1) If a petition is filed charging a violation of a
11 condition of probation or of conditional discharge, the court
12 shall:
13 (a) order the minor to appear; or
14 (b) order the minor's detention if the court finds
15 that the detention is a matter of immediate and urgent
16 necessity for the protection of the minor or of the
17 person or property of another or that the minor is likely
18 to flee the jurisdiction of the court, provided that any
19 such detention shall be in a juvenile detention home and
20 the minor so detained shall be 10 years of age or older;
21 and
22 (c) notify the persons named in the petition under
23 Section 5-520, in accordance with the provisions of
24 Section 5-530.
25 In making its detention determination under paragraph (b)
26 of this subsection (1) of this Section, the court may use
27 information in its findings offered at such a hearing by way
28 of proffer based upon reliable information presented by the
29 State, probation officer, or the minor. The filing of a
30 petition for violation of a condition of probation or of
31 conditional discharge shall toll the period of probation or
32 of conditional discharge until the final determination of the
33 charge, and the term of probation or conditional discharge
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1 shall not run until the hearing and disposition of the
2 petition for violation.
3 (2) The court shall conduct a hearing of the alleged
4 violation of probation or of conditional discharge. The
5 minor shall not be held in detention longer than 15 days
6 pending the determination of the alleged violation.
7 (3) At the hearing, the State shall have the burden of
8 going forward with the evidence and proving the violation by
9 a preponderance of the evidence. The evidence shall be
10 presented in court with the right of confrontation,
11 cross-examination, and representation by counsel.
12 (4) If the court finds that the minor has violated a
13 condition at any time prior to the expiration or termination
14 of the period of probation or conditional discharge, it may
15 continue him or her on the existing sentence, with or without
16 modifying or enlarging the conditions, or may revoke
17 probation or conditional discharge and impose any other
18 sentence that was available under Section 5-710 at the time
19 of the initial sentence.
20 (5) The conditions of probation and of conditional
21 discharge may be reduced or enlarged by the court on motion
22 of the probation officer or on its own motion or at the
23 request of the minor after notice and hearing under this
24 Section.
25 (6) Sentencing after revocation of probation or of
26 conditional discharge shall be under Section 5-705.
27 (7) Instead of filing a violation of probation or of
28 conditional discharge, the probation officer, with the
29 concurrence of his or her supervisor, may serve on the minor
30 a notice of intermediate sanctions. The notice shall contain
31 the technical violation or violations involved, the date or
32 dates of the violation or violations, and the intermediate
33 sanctions to be imposed. Upon receipt of the notice, the
34 minor shall immediately accept or reject the intermediate
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1 sanctions. If the sanctions are accepted, they shall be
2 imposed immediately. If the intermediate sanctions are
3 rejected or the minor does not respond to the notice, a
4 violation of probation or of conditional discharge shall be
5 immediately filed with the court. The State's Attorney and
6 the sentencing court shall be notified of the notice of
7 sanctions. Upon successful completion of the intermediate
8 sanctions, a court may not revoke probation or conditional
9 discharge or impose additional sanctions for the same
10 violation. A notice of intermediate sanctions may not be
11 issued for any violation of probation or conditional
12 discharge which could warrant an additional, separate felony
13 charge.
14 (705 ILCS 405/5-725 new)
15 Sec. 5-725. Protective supervision. If the sentencing
16 order releases the minor to the custody of his or her
17 parents, guardian or legal custodian, or continues him or her
18 in such custody, the court may place the person having
19 custody of the minor, except for representatives of private
20 or public agencies or governmental departments, under
21 supervision of the probation office. Rules or orders of court
22 shall define the terms and conditions of protective
23 supervision, which may be modified or terminated when the
24 court finds that the best interests of the minor and the
25 public will be served by modifying or terminating protective
26 supervision.
27 (705 ILCS 405/5-730 new)
28 Sec. 5-730. Order of protection.
29 (1) The court may make an order of protection in
30 assistance of or as a condition of any other order authorized
31 by this Act. The order of protection may set forth
32 reasonable conditions of behavior to be observed for a
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1 specified period. The order may require a person:
2 (a) to stay away from the home or the minor;
3 (b) to permit a parent to visit the minor at stated
4 periods;
5 (c) to abstain from offensive conduct against the
6 minor, his or her parent or any person to whom custody of
7 the minor is awarded;
8 (d) to give proper attention to the care of the
9 home;
10 (e) to cooperate in good faith with an agency to
11 which custody of a minor is entrusted by the court or
12 with an agency or association to which the minor is
13 referred by the court;
14 (f) to prohibit and prevent any contact whatsoever
15 with the respondent minor by a specified individual or
16 individuals who are alleged in either a criminal or
17 juvenile proceeding to have caused injury to a respondent
18 minor or a sibling of a respondent minor;
19 (g) to refrain from acts of commission or omission
20 that tend to make the home not a proper place for the
21 minor.
22 (2) The court shall enter an order of protection to
23 prohibit and prevent any contact between a respondent minor
24 or a sibling of a respondent minor and any person named in a
25 petition seeking an order of protection who has been
26 convicted of heinous battery under Section 12-4.1, aggravated
27 battery of a child under Section 12-4.3, criminal sexual
28 assault under Section 12-13, aggravated criminal sexual
29 assault under Section 12-14, predatory criminal sexual
30 assault of a child under Section 12-14.1, criminal sexual
31 abuse under Section 12-15, or aggravated criminal sexual
32 abuse under Section 12-16 of the Criminal Code of 1961, or
33 has been convicted of an offense that resulted in the death
34 of a child, or has violated a previous order of protection
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1 under this Section.
2 (3) When the court issues an order of protection against
3 any person as provided by this Section, the court shall
4 direct a copy of such order to the sheriff of that county.
5 The sheriff shall furnish a copy of the order of protection
6 to the Department of State Police within 24 hours of receipt,
7 in the form and manner required by the Department. The
8 Department of State Police shall maintain a complete record
9 and index of the orders of protection and make this data
10 available to all local law enforcement agencies.
11 (4) After notice and opportunity for hearing afforded to
12 a person subject to an order of protection, the order may be
13 modified or extended for a further specified period or both
14 or may be terminated if the court finds that the best
15 interests of the minor and the public will be served by the
16 modification, extension, or termination.
17 (5) An order of protection may be sought at any time
18 during the course of any proceeding conducted under this Act.
19 Any person against whom an order of protection is sought may
20 retain counsel to represent him or her at a hearing, and has
21 rights to be present at the hearing, to be informed prior to
22 the hearing in writing of the contents of the petition
23 seeking a protective order and of the date, place, and time
24 of the hearing, and to cross-examine witnesses called by the
25 petitioner and to present witnesses and argument in
26 opposition to the relief sought in the petition.
27 (6) Diligent efforts shall be made by the petitioner to
28 serve any person or persons against whom any order of
29 protection is sought with written notice of the contents of
30 the petition seeking a protective order and of the date,
31 place and time at which the hearing on the petition is to be
32 held. When a protective order is being sought in conjunction
33 with a shelter care or detention hearing, if the court finds
34 that the person against whom the protective order is being
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1 sought has been notified of the hearing or that diligent
2 efforts have been made to notify the person, the court may
3 conduct a hearing. If a protective order is sought at any
4 time other than in conjunction with a shelter care or
5 detention hearing, the court may not conduct a hearing on the
6 petition in the absence of the person against whom the order
7 is sought unless the petitioner has notified the person by
8 personal service at least 3 days before the hearing or has
9 sent written notice by first class mail to the person's last
10 known address at least 5 days before the hearing.
11 (7) A person against whom an order of protection is
12 being sought who is neither a parent, guardian, or legal
13 custodian or responsible relative as described in Section 1-5
14 of this Act or is not a party or respondent as defined in
15 that Section shall not be entitled to the rights provided in
16 that Section. The person does not have a right to appointed
17 counsel or to be present at any hearing other than the
18 hearing in which the order of protection is being sought or a
19 hearing directly pertaining to that order. Unless the court
20 orders otherwise, the person does not have a right to inspect
21 the court file.
22 (8) All protective orders entered under this Section
23 shall be in writing. Unless the person against whom the order
24 was obtained was present in court when the order was issued,
25 the sheriff, other law enforcement official, or special
26 process server shall promptly serve that order upon that
27 person and file proof of that service, in the manner provided
28 for service of process in civil proceedings. The person
29 against whom the protective order was obtained may seek a
30 modification of the order by filing a written motion to
31 modify the order within 7 days after actual receipt by the
32 person of a copy of the order.
33 (705 ILCS 405/5-735 new)
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1 Sec. 5-735. Enforcement of orders of protective
2 supervision or of protection.
3 (1) Orders of protective supervision and orders of
4 protection may be enforced by citation to show cause for
5 contempt of court by reason of any violation of the order
6 and, where protection of the welfare of the minor so
7 requires, by the issuance of a warrant to take the alleged
8 violator into custody and bring him or her before the court.
9 (2) In any case where an order of protection has been
10 entered, the clerk of the court may issue to the petitioner,
11 to the minor or to any other person affected by the order a
12 certificate stating that an order of protection has been made
13 by the court concerning those persons and setting forth its
14 terms and requirements. The presentation of the certificate
15 to any peace officer authorizes him or her to take into
16 custody a person charged with violating the terms of the
17 order of protection, to bring the person before the court
18 and, within the limits of his or her legal authority as a
19 peace officer, otherwise to aid in securing the protection
20 the order is intended to afford.
21 (705 ILCS 405/5-740 new)
22 Sec. 5-740. Placement; legal custody or guardianship.
23 (1) If the court finds that the parents, guardian, or
24 legal custodian of a minor adjudged a ward of the court are
25 unfit or are unable, for some reason other than financial
26 circumstances alone, to care for, protect, train or
27 discipline the minor or are unwilling to do so, and that
28 appropriate services aimed at family preservation and family
29 reunification have been unsuccessful in rectifying the
30 conditions which have led to a finding of unfitness or
31 inability to care for, protect, train or discipline the
32 minor, and that it is in the best interest of the minor to
33 take him or her from the custody of his or her parents,
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1 guardian or custodian, the court may:
2 (a) place him or her in the custody of a suitable
3 relative or other person;
4 (b) place him or her under the guardianship of a
5 probation officer;
6 (c) commit him or her to an agency for care or
7 placement, except an institution under the authority of
8 the Department of Corrections or of the Department of
9 Children and Family Services;
10 (d) commit him or her to some licensed training
11 school or industrial school; or
12 (e) commit him or her to any appropriate
13 institution having among its purposes the care of
14 delinquent children, including a child protective
15 facility maintained by a child protection district
16 serving the county from which commitment is made, but not
17 including any institution under the authority of the
18 Department of Corrections or of the Department of
19 Children and Family Services.
20 (2) When making such placement, the court, wherever
21 possible, shall select a person holding the same religious
22 belief as that of the minor or a private agency controlled by
23 persons of like religious faith of the minor and shall
24 require the Department of Children and Family Services to
25 otherwise comply with Section 7 of the Children and Family
26 Services Act in placing the child. In addition, whenever
27 alternative plans for placement are available, the court
28 shall ascertain and consider, to the extent appropriate in
29 the particular case, the views and preferences of the minor.
30 (3) When a minor is placed with a suitable relative or
31 other person, the court shall appoint him or her the legal
32 custodian or guardian of the person of the minor. When a
33 minor is committed to any agency, the court shall appoint the
34 proper officer or representative of the proper officer as
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1 legal custodian or guardian of the person of the minor.
2 Legal custodians and guardians of the person of the minor
3 have the respective rights and duties set forth in subsection
4 (9) of Section 5-105 except as otherwise provided by order of
5 court; but no guardian of the person may consent to adoption
6 of the minor. An agency whose representative is appointed
7 guardian of the person or legal custodian of the minor may
8 place him or her in any child care facility, but the facility
9 must be licensed under the Child Care Act of 1969 or have
10 been approved by the Department of Children and Family
11 Services as meeting the standards established for such
12 licensing. Like authority and restrictions shall be
13 conferred by the court upon any probation officer who has
14 been appointed guardian of the person of a minor.
15 (4) No placement by any probation officer or agency
16 whose representative is appointed guardian of the person or
17 legal custodian of a minor may be made in any out of State
18 child care facility unless it complies with the Interstate
19 Compact on the Placement of Children.
20 (5) The clerk of the court shall issue to the guardian
21 or legal custodian of the person a certified copy of the
22 order of court, as proof of his or her authority. No other
23 process is necessary as authority for the keeping of the
24 minor.
25 (6) Legal custody or guardianship granted under this
26 Section continues until the court otherwise directs, but not
27 after the minor reaches the age of 21 years except as set
28 forth in Section 5-750.
29 (705 ILCS 405/5-745 new)
30 Sec. 5-745. Court review.
31 (1) The court may require any legal custodian or
32 guardian of the person appointed under this Act to report
33 periodically to the court or may cite him or her into court
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1 and require him or her, or his or her agency, to make a full
2 and accurate report of his or her or its doings in behalf of
3 the minor. The legal custodian or guardian, within 10 days
4 after the citation, shall make the report, either in writing
5 verified by affidavit or orally under oath in open court, or
6 otherwise as the court directs. Upon the hearing of the
7 report the court may remove the legal custodian or guardian
8 and appoint another in his or her stead or restore the minor
9 to the custody of his or her parents or former guardian or
10 legal custodian.
11 (2) A guardian or legal custodian appointed by the court
12 under this Act shall file updated case plans with the court
13 every 6 months. Every agency which has guardianship of a
14 child shall file a supplemental petition for court review, or
15 review by an administrative body appointed or approved by the
16 court and further order within 18 months of the sentencing
17 order and each 18 months thereafter. The petition shall
18 state facts relative to the child's present condition of
19 physical, mental and emotional health as well as facts
20 relative to his or her present custodial or foster care. The
21 petition shall be set for hearing and the clerk shall mail 10
22 days notice of the hearing by certified mail, return receipt
23 requested, to the person or agency having the physical
24 custody of the child, the minor and other interested parties
25 unless a written waiver of notice is filed with the petition.
26 Rights of wards of the court under this Act are
27 enforceable against any public agency by complaints for
28 relief by mandamus filed in any proceedings brought under
29 this Act.
30 (3) The minor or any person interested in the minor may
31 apply to the court for a change in custody of the minor and
32 the appointment of a new custodian or guardian of the person
33 or for the restoration of the minor to the custody of his or
34 her parents or former guardian or custodian. In the event
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1 that the minor has attained 18 years of age and the guardian
2 or custodian petitions the court for an order terminating his
3 or her guardianship or custody, guardianship or legal custody
4 shall terminate automatically 30 days after the receipt of
5 the petition unless the court orders otherwise. No legal
6 custodian or guardian of the person may be removed without
7 his or her consent until given notice and an opportunity to
8 be heard by the court.
9 (705 ILCS 405/5-750 new)
10 Sec. 5-750. Commitment to the Department of Corrections,
11 Juvenile Division.
12 (1) Except as provided in subsection (2) of this
13 Section, when any delinquent has been adjudged a ward of the
14 court under this Act, the court may commit him or her to the
15 Department of Corrections, Juvenile Division, if it finds
16 that (a) his or her parents, guardian or legal custodian are
17 unfit or are unable, for some reason other than financial
18 circumstances alone, to care for, protect, train or
19 discipline the minor, or are unwilling to do so, or; (b) it
20 is necessary to ensure the protection of the public from the
21 consequences of criminal activity of the delinquent.
22 (2) When a minor of the age of at least 13 years is
23 adjudged delinquent for the offense of first degree murder,
24 the court shall declare the minor a ward of the court and
25 order the minor committed to the Department of Corrections,
26 Juvenile Division, until the minor's 21st birthday, without
27 the possibility of parole, furlough, or non-emergency
28 authorized absence for a period of 5 years from the date the
29 minor was committed to the Department of Corrections, except
30 that the time that a minor spent in custody for the instant
31 offense before being committed to the Department shall be
32 considered as time credited towards that 5 year period.
33 Nothing in this subsection (2) shall preclude the State's
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1 Attorney from seeking to prosecute a minor as an adult as an
2 alternative to proceeding under this Act.
3 (3) Except as provided in subsection (2), the commitment
4 of a delinquent to the Department of Corrections shall be for
5 an indeterminate term which shall automatically terminate
6 upon the delinquent attaining the age of 21 years unless the
7 delinquent is sooner discharged from parole or custodianship
8 is otherwise terminated in accordance with this Act or as
9 otherwise provided for by law.
10 (4) When the court commits a minor to the Department of
11 Corrections, it shall order him or her conveyed forthwith to
12 the appropriate reception station or other place designated
13 by the Department of Corrections, and shall appoint the
14 Assistant Director of Corrections, Juvenile Division, legal
15 custodian of the minor. The clerk of the court shall issue
16 to the Assistant Director of Corrections, Juvenile Division,
17 a certified copy of the order, which constitutes proof of the
18 Director's authority. No other process need issue to warrant
19 the keeping of the minor.
20 (5) If a minor is committed to the Department of
21 Corrections, Juvenile Division, the clerk of the court shall
22 forward to the Department:
23 (a) the disposition ordered;
24 (b) all reports;
25 (c) the court's statement of the basis for ordering
26 the disposition; and
27 (d) all additional matters which the court directs
28 the clerk to transmit.
29 (6) Whenever the Department of Corrections lawfully
30 discharges from its custody and control a minor committed to
31 it, the Assistant Director of Corrections, Juvenile Division,
32 shall petition the court for an order terminating his or her
33 custodianship. The custodianship shall terminate
34 automatically 30 days after receipt of the petition unless
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1 the court orders otherwise.
2 (705 ILCS 405/5-755 new)
3 Sec. 5-755. Duration of wardship and discharge of
4 proceedings.
5 (1) All proceedings under this Act in respect of any
6 minor for whom a petition was filed on or after the effective
7 date of this amendatory Act of 1998 automatically terminate
8 upon his or her attaining the age of 21 years except that
9 provided in Section 5-810.
10 (2) Whenever the court finds that the best interests of
11 the minor and the public no longer require the wardship of
12 the court, the court shall order the wardship terminated and
13 all proceedings under this Act respecting that minor finally
14 closed and discharged. The court may at the same time
15 continue or terminate any custodianship or guardianship
16 previously ordered but the termination must be made in
17 compliance with Section 5-745.
18 (3) The wardship of the minor and any legal
19 custodianship or guardianship respecting the minor for whom a
20 petition was filed on or after the effective date of this
21 amendatory Act of 1998 automatically terminates when he or
22 she attains the age of 21 years except as set forth in
23 subsection (1) of this Section. The clerk of the court shall
24 at that time record all proceedings under this Act as finally
25 closed and discharged for that reason.
26 (705 ILCS 405/Art. V, Part 8 heading new)
27 PART 8. VIOLENT AND HABITUAL JUVENILE
28 OFFENDER PROVISIONS
29 (705 ILCS 405/5-801 new)
30 Sec. 5-801. Legislative declaration. The General
31 Assembly finds that a substantial and disproportionate amount
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1 of serious crime is committed by a relatively small number of
2 juvenile offenders. Part 8 of this Article addresses these
3 juvenile offenders and, in all proceedings under Sections
4 5-805, 5-810, and 5-815, the community's right to be
5 protected shall be the most important purpose of the
6 proceedings.
7 (705 ILCS 405/5-805 new)
8 Sec. 5-805. Transfer of jurisdiction.
9 (1) Mandatory transfers.
10 (a) If a petition alleges commission by a minor 15
11 years of age or older of an act that constitutes a
12 forcible felony under the laws of this State, and if a
13 motion by the State's Attorney to prosecute the minor
14 under the criminal laws of Illinois for the alleged
15 forcible felony alleges that (i) the minor has previously
16 been adjudicated delinquent or found guilty for
17 commission of an act that constitutes a felony under the
18 laws of this State or any other state and (ii) the act
19 that constitutes the offense was committed in furtherance
20 of criminal activity by an organized gang, the Juvenile
21 Judge assigned to hear and determine those motions shall,
22 upon determining that there is probable cause that both
23 allegations are true, enter an order permitting
24 prosecution under the criminal laws of Illinois.
25 (b) If a petition alleges commission by a minor 15
26 years of age or older of an act that constitutes a felony
27 under the laws of this State, and if a motion by a
28 State's Attorney to prosecute the minor under the
29 criminal laws of Illinois for the alleged felony alleges
30 that (i) the minor has previously been adjudicated
31 delinquent or found guilty for commission of an act that
32 constitutes a forcible felony under the laws of this
33 State or any other state and (ii) the act that
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1 constitutes the offense was committed in furtherance of
2 criminal activities by an organized gang, the Juvenile
3 Judge assigned to hear and determine those motions shall,
4 upon determining that there is probable cause that both
5 allegations are true, enter an order permitting
6 prosecution under the criminal laws of Illinois.
7 (c) If a petition alleges commission by a minor 15
8 years of age or older of: (i) an act that constitutes an
9 offense enumerated in the presumptive transfer provisions
10 of subsection (2); and (ii) the minor has previously been
11 adjudicated delinquent or found guilty of a forcible
12 felony, the Juvenile Judge designated to hear and
13 determine those motions shall, upon determining that
14 there is probable cause that both allegations are true,
15 enter an order permitting prosecution under the criminal
16 laws of Illinois.
17 (2) Presumptive transfer.
18 (a) If the State's Attorney files a petition, at
19 any time prior to commencement of the minor's trial, to
20 permit prosecution under the criminal laws and the
21 petition alleges the commission by a minor 15 years of
22 age or older of: (i) a Class X felony other than armed
23 violence; (ii) aggravated discharge of a firearm; (iii)
24 armed violence with a firearm when the predicate offense
25 is a Class 1 or Class 2 felony and the State's Attorney's
26 motion to transfer the case alleges that the offense
27 committed is in furtherance of the criminal activities of
28 an organized gang; (iv) armed violence with a firearm
29 when the predicate offense is a violation of the Illinois
30 Controlled Substances Act or a violation of the Cannabis
31 Control Act; (v) armed violence when the weapon involved
32 was a machine gun or other weapon described in subsection
33 (a)(7) of Section 24-1 of the Criminal Code of 1961, and,
34 if the juvenile judge assigned to hear and determine
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1 motions to transfer a case for prosecution in the
2 criminal court determines that there is probable cause to
3 believe that the allegations in the petition and motion
4 are true, there is a rebuttable presumption that the
5 minor is not a fit and proper subject to be dealt with
6 under the Juvenile Justice Reform Provisions of 1998, and
7 that, except as provided in paragraph (b), the case
8 should be transferred to the criminal court.
9 (b) The judge shall enter an order permitting
10 prosecution under the criminal laws of Illinois unless
11 the judge makes a finding based on clear and convincing
12 evidence that the minor would be amenable to the care,
13 treatment, and training programs available through the
14 facilities of the juvenile court based on an evaluation
15 of the following:
16 (i) The seriousness of the alleged offense;
17 (ii) The minor's history of delinquency;
18 (iii) The age of the minor;
19 (iv) The culpability of the minor in committing
20 the alleged offense;
21 (v) Whether the offense was committed in an
22 aggressive or premeditated manner;
23 (vi) Whether the minor used or possessed a deadly
24 weapon when committing the alleged offense;
25 (vii) The minor's history of services, including
26 the minor's willingness to participate meaningfully in
27 available services;
28 (viii) The adequacy of the punishment or services
29 available in the juvenile justice system.
30 In considering these factors, the court shall give
31 greater weight to the seriousness of the alleged offense and
32 the minor's prior record of delinquency than to the other
33 factors listed in this subsection.
34 (3) Discretionary transfer.
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1 (a) If a petition alleges commission by a minor 13
2 years of age or over of an act that constitutes a crime
3 under the laws of this State and, on motion of the
4 State's Attorney to permit prosecution of the minor under
5 the criminal laws, a Juvenile Judge assigned by the Chief
6 Judge of the Circuit to hear and determine those motions,
7 after hearing but before commencement of the trial, finds
8 that there is probable cause to believe that the
9 allegations in the motion are true and that it is not in
10 the best interests of the public to proceed under this
11 Act, the court may enter an order permitting prosecution
12 under the criminal laws.
13 (b) In making its determination on the motion to
14 permit prosecution under the criminal laws, the court
15 shall consider:
16 (i) The seriousness of the alleged offense;
17 (ii) The minor's history of delinquency;
18 (iii) The age of the minor;
19 (iv) The culpability of the minor in committing the
20 alleged offense;
21 (v) Whether the offense was committed in an
22 aggressive or premeditated manner;
23 (vi) Whether the minor used or possessed a deadly
24 weapon when committing the alleged offense;
25 (vii) The minor's history of services, including
26 the minor's willingness to participate meaningfully in
27 available services;
28 (viii) The adequacy of the punishment or services
29 available in the juvenile justice system.
30 In considering these factors, the court shall give
31 greater weight to the seriousness of the alleged offense and
32 the minor's prior record of delinquency than to the other
33 factors listed in this subsection.
34 (4) The rules of evidence for this hearing shall be the
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1 same as under Section 5-705 of this Act. A minor must be
2 represented in court by counsel before the hearing may be
3 commenced.
4 (5) If criminal proceedings are instituted, the petition
5 for adjudication of wardship shall be dismissed insofar as
6 the act or acts involved in the criminal proceedings. Taking
7 of evidence in a trial on petition for adjudication of
8 wardship is a bar to criminal proceedings based upon the
9 conduct alleged in the petition.
10 (705 ILCS 405/5-810 new)
11 Sec. 5-810. Extended jurisdiction juvenile prosecutions.
12 (1) If the State's Attorney files a petition, at any
13 time prior to commencement of the minor's trial, to designate
14 the proceeding as an extended jurisdiction juvenile
15 prosecution and the petition alleges the commission by a
16 minor 13 years of age or older of any offense which would be
17 a felony if committed by an adult, and, if the juvenile judge
18 assigned to hear and determine petitions to designate the
19 proceeding as an extended jurisdiction juvenile prosecution
20 determines that there is probable cause to believe that the
21 allegations in the petition and motion are true, there is a
22 rebuttable presumption that the proceeding shall be
23 designated as an extended jurisdiction juvenile proceeding.
24 (b) The judge shall enter an order designating the
25 proceeding as an extended jurisdiction juvenile
26 proceeding unless the judge makes a finding based on
27 clear and convincing evidence that sentencing under the
28 Chapter V of the Unified Code of Corrections would not be
29 appropriate for the minor based on an evaluation of the
30 following factors:
31 (i) The seriousness of the alleged offense;
32 (ii) The minor's history of delinquency;
33 (iii) The age of the minor;
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1 (iv) The culpability of the minor in committing the
2 alleged offense;
3 (v) Whether the offense was committed in an
4 aggressive or premeditated manner;
5 (vi) Whether the minor used or possessed a deadly
6 weapon when committing the alleged offense.
7 In considering these factors, the court shall give
8 greater weight to the seriousness of the alleged offense and
9 the minor's prior record of delinquency than to other factors
10 listed in this subsection.
11 (2) Procedures for extended jurisdiction juvenile
12 prosecutions.
13 (a) The State's Attorney may file a written motion
14 for a proceeding to be designated as an extended juvenile
15 jurisdiction prior to commencement of trial. Notice of
16 the motion shall be in compliance with Section 5-530.
17 When the State's Attorney files a written motion that a
18 proceeding be designated an extended jurisdiction
19 juvenile prosecution, the court shall commence a hearing
20 within 30 days of the filing of the motion for
21 designation, unless good cause is shown by the
22 prosecution or the minor as to why the hearing could not
23 be held within this time period. If the court finds good
24 cause has been demonstrated, then the hearing shall be
25 held within 60 days of the filing of the motion. The
26 hearings shall be open to the public unless the judge
27 finds that the hearing should be closed for the
28 protection of any party, victim or witness. If the
29 Juvenile Judge assigned to hear and determine a motion to
30 designate an extended jurisdiction juvenile prosecution
31 determines that there is probable cause to believe that
32 the allegations in the petition and motion are true the
33 court shall grant the motion for designation.
34 Information used by the court in its findings or stated
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1 in or offered in connection with this Section may be by
2 way of proffer based on reliable information offered by
3 the State or the minor. All evidence shall be admissible
4 if it is relevant and reliable regardless of whether it
5 would be admissible under the rules of evidence.
6 (3) Trial. A minor who is subject of an extended
7 jurisdiction juvenile prosecution has the right to trial by
8 jury. Any trial under this Section shall be open to the
9 public.
10 (4) Sentencing. If an extended jurisdiction juvenile
11 prosecution under subsections (1) results in a guilty plea, a
12 verdict of guilty, or a finding of guilt, the court shall
13 impose the following:
14 (i) one or more juvenile sentences under Section
15 5-710; and
16 (ii) an adult criminal sentence in accordance with
17 the provisions of Chapter V of the Unified Code of
18 Corrections, the execution of which shall be stayed on
19 the condition that the offender not violate the
20 provisions of the juvenile sentence.
21 Any sentencing hearing under this Section shall be open to
22 the public.
23 (5) If, after an extended jurisdiction juvenile
24 prosecution trial, a minor is convicted of a lesser-included
25 offense or of an offense that the State's Attorney did not
26 designate as an extended jurisdiction juvenile prosecution,
27 the State's Attorney may file a written motion, within 10
28 days of the finding of guilt, that the minor be sentenced as
29 an extended jurisdiction juvenile prosecution offender. The
30 court shall rule on this motion using the factors found in
31 paragraph (1) (b) of Section 5-805. If the court denies the
32 State's Attorney's motion for sentencing under the extended
33 jurisdiction juvenile prosecution provision, the court shall
34 proceed to sentence the minor under Section 5-710.
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1 (6) When it appears that a minor convicted in an
2 extended jurisdiction juvenile prosecution under subsection
3 (1) has violated the conditions of his or her sentence, or is
4 alleged to have committed a new offense upon the filing of a
5 petition to revoke the stay, the court may, without notice,
6 issue a warrant for the arrest of the minor. After a hearing,
7 if the court finds by a preponderance of the evidence that
8 the allegations in the petition to revoke the stay of
9 execution of the adult sentence have been proven, the court
10 shall order execution of the previously imposed adult
11 criminal sentence. Upon revocation of the stay of the adult
12 criminal sentence and imposition of that sentence, the
13 minor's extended jurisdiction juvenile status shall be
14 terminated. The on-going jurisdiction over the minor's case
15 shall be assumed by the adult criminal court and juvenile
16 court jurisdiction shall be terminated and a report of the
17 imposition of the adult sentence shall be sent to the
18 Department of State 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 (10) When a Court hearing a proceeding under Article II
30 of this Act becomes aware that an earlier proceeding under
31 Article II had been heard in a different county, that Court
32 shall request, and the Court in which the earlier proceedings
33 were initiated shall transmit, an authenticated copy of the
34 Court record, including all documents, petitions, and orders
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1 filed therein and the minute orders, transcript of
2 proceedings, and docket entries of the Court.
3 (11) The Clerk of the Circuit Court shall report to the
4 Department of State Police, in the form and manner required
5 by the Department of State Police, the final disposition of
6 each minor who has been arrested or taken into custody before
7 his or her 17th birthday for those offenses required to be
8 reported under Section 5 of the Criminal Identification Act.
9 Information reported to the Department under this Section may
10 be maintained with records that the Department files under
11 Section 2.1 of the Criminal Identification Act.
12 (12) Information or records may be disclosed to the
13 general public when the court is conducting hearings under
14 Section 5-805 or 5-810.
15 (705 ILCS 405/5-905 new)
16 Sec. 5-905. Law enforcement records.
17 (1) Law Enforcement Records. Inspection and copying of
18 law enforcement records maintained by law enforcement
19 agencies that relate to a minor who has been arrested or
20 taken into custody before his or her 17th birthday shall be
21 restricted to the following and when necessary for the
22 discharge of their official duties:
23 (a) A judge of the circuit court and members of the
24 staff of the court designated by the judge;
25 (b) Law enforcement officers or prosecutors or
26 their staff;
27 (c) The minor, the minor's parents or legal
28 guardian and their attorneys, but only when the juvenile
29 has been charged with an offense;
30 (d) Adult and Juvenile Prisoner Review Boards;
31 (e) Authorized military personnel;
32 (f) Persons engaged in bona fide research, with the
33 permission of the judge of juvenile court and the chief
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1 executive of the agency that prepared the particular
2 recording: provided that publication of such research
3 results in no disclosure of a minor's identity and
4 protects the confidentiality of the record;
5 (g) Individuals responsible for supervising or
6 providing temporary or permanent care and custody of
7 minors pursuant to orders of the juvenile court or
8 directives from officials of the Department of Children
9 and Family Services or the Department of Human Services
10 who certify in writing that the information will not be
11 disclosed to any other party except as provided under law
12 or order of court;
13 (h) The appropriate school official. Inspection
14 and copying shall be limited to law enforcement records
15 transmitted to the appropriate school official by a local
16 law enforcement agency under a reciprocal reporting
17 system established and maintained between the school
18 district and the local law enforcement agency under
19 Section 10-20.14 of the School Code concerning a minor
20 enrolled in a school within the school district who has
21 been arrested for any offense classified as a felony or a
22 Class A or B misdemeanor.
23 (2) Information identifying victims and alleged victims
24 of sex offenses, shall not be disclosed or open to public
25 inspection under any circumstances. Nothing in this Section
26 shall prohibit the victim or alleged victim of any sex
27 offense from voluntarily disclosing his or her identity.
28 (3) Relevant information, reports and records shall be
29 made available to the Department of Corrections when a
30 juvenile offender has been placed in the custody of the
31 Department of Corrections, Juvenile Division.
32 (4) Nothing in this Section shall prohibit the
33 inspection or disclosure to victims and witnesses of
34 photographs contained in the records of law enforcement
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1 agencies when the inspection or disclosure is conducted in
2 the presence of a law enforcement officer for purposes of
3 identification or apprehension of any person in the course of
4 any criminal investigation or prosecution.
5 (5) The records of law enforcement officers concerning
6 all minors under 17 years of age must be maintained separate
7 from the records of adults and may not be open to public
8 inspection or their contents disclosed to the public except
9 by order of the court or when the institution of criminal
10 proceedings has been permitted under Section 5-130 or 5-805
11 or required under Section 5-130 or 5-805 or such a person has
12 been convicted of a crime and is the subject of pre-sentence
13 investigation or when provided by law.
14 (6) Law enforcement officers may not disclose the
15 identity of any minor in releasing information to the general
16 public as to the arrest, investigation or disposition of any
17 case involving a minor. Upon written request, law enforcement
18 officers may release the name and address of a minor who has
19 been arrested for a criminal offense to the victim, or if the
20 victim is a minor, to the victim's legal custodian, guardian
21 or parent. The law enforcement officer may release the
22 information only if he or she reasonably believes such
23 release would not endanger the person or property of the
24 arrested minor or his or her family.
25 (7) Nothing contained in this Section shall prohibit law
26 enforcement agencies when acting in their official capacity
27 from communicating with each other by letter, memorandum,
28 teletype or intelligence alert bulletin or other means the
29 identity or other relevant information pertaining to a person
30 under 17 years of age. The information provided under this
31 subsection (7) shall remain confidential and shall not be
32 publicly disclosed, except as otherwise allowed by law.
33 (8) No person shall disclose information under this
34 Section except when acting in his or her official capacity
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1 and as provided by law or order of court.
2 (705 ILCS 405/5-910 new)
3 Sec. 5-910. Social, psychological and medical records.
4 (1) The social investigation, psychological and medical
5 records of any juvenile offender shall be privileged and
6 shall not be disclosed except:
7 (a) upon the written consent of the former juvenile
8 or, if the juvenile offender is under 18 years of age, by
9 the parent of the juvenile; or
10 (b) upon a determination by the head of the
11 treatment facility, who has the records, that disclosure
12 to another individual or facility providing treatment to
13 the minor is necessary for the further treatment of the
14 juvenile offender; or
15 (c) when any court having jurisdiction of the
16 juvenile offender orders disclosure; or
17 (d) when requested by any attorney representing the
18 juvenile offender, but the records shall not be further
19 disclosed by the attorney unless approved by the court or
20 presented as admissible evidence; or
21 (e) upon a written request of a juvenile probation
22 officer in regard to an alleged juvenile offender when
23 the information is needed for screening and assessment
24 purposes, for preparation of a social investigation or
25 presentence investigation, or placement decisions; but
26 the records shall not be further disclosed by the
27 probation officer unless approved by the court; or
28 (f) when the State's Attorney requests a copy of
29 the social investigation for use at a sentencing hearing
30 or upon written request of the State's Attorney for
31 psychological or medical records when the minor contests
32 his fitness for trial or relies on an affirmative defense
33 of intoxication or insanity.
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1 (2) Willful violation of this Section is a Class C
2 misdemeanor.
3 (3) Nothing in this Section shall operate to extinguish
4 any rights of a juvenile offender established by
5 attorney-client, physician-patient, psychologist-client or
6 social worker-client privileges except as otherwise provided
7 by law.
8 (705 ILCS 405/5-915 new)
9 Sec. 5-915. Expungement of law enforcement and juvenile
10 court records.
11 (1) Whenever any person has attained the age of 17 or
12 whenever all juvenile court proceedings relating to that
13 person have been terminated, whichever is later, the person
14 may petition the court to expunge law enforcement records
15 relating to incidents occurring before his or her 17th
16 birthday or his or her juvenile court records, or both, but
17 only in the following circumstances:
18 (a) the minor was arrested and no petition for
19 delinquency was filed with the clerk of the circuit
20 court; or
21 (b) the minor was charged with an offense and was
22 found not delinquent of that offense; or
23 (c) the minor was placed under supervision pursuant
24 to Section 5-615, and the order of supervision has since
25 been successfully terminated; or
26 (d) the minor was adjudicated for an offense which
27 would be a Class B misdemeanor if committed by an adult.
28 (2) Any person may petition the court to expunge all law
29 enforcement records relating to any incidents occurring
30 before his or her 17th birthday which did not result in
31 proceedings in criminal court and all juvenile court records
32 with respect to any adjudications except those based upon
33 first degree murder and sex offenses which would be felonies
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1 if committed by an adult, if the person for whom expungement
2 is sought has had no convictions for any crime since his or
3 her 17th birthday and:
4 (a) has attained the age of 21 years; or
5 (b) 5 years have elapsed since all juvenile court
6 proceedings relating to him or her have been terminated
7 or his or her commitment to the Department of
8 Corrections, Juvenile Division pursuant to this Act has
9 been terminated; whichever is later of (a) or (b).
10 (3) The chief judge of the circuit in which an arrest
11 was made or a charge was brought or any judge of that circuit
12 designated by the chief judge may, upon verified petition of
13 a person who is the subject of an arrest or a juvenile court
14 proceeding under subsection (1) or (2) of this Section, order
15 the law enforcement records or official court file, or both,
16 to be expunged from the official records of the arresting
17 authority, the clerk of the circuit court and the Department
18 of State Police. Notice of the petition shall be served upon
19 the State's Attorney and upon the arresting authority which
20 is the subject of the petition for expungement.
21 (4) Upon entry of an order expunging records or files,
22 the offense, which the records or files concern shall be
23 treated as if it never occurred. Law enforcement officers and
24 other public offices and agencies shall properly reply on
25 inquiry that no record or file exists with respect to the
26 person.
27 (5) Records which have not been expunged are sealed, and
28 may be obtained only under the provisions of Sections 5-901,
29 5-905 and 5-915.
30 (6) Nothing in this Section shall be construed to
31 prohibit the maintenance of information relating to an
32 offense after records or files concerning the offense have
33 been expunged if the information is kept in a manner that
34 does not enable identification of the offender. This
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1 information may only be used for statistical and bona fide
2 research purposes.
3 (705 ILCS 405/6-1) (from Ch. 37, par. 806-1)
4 Sec. 6-1. Probation departments; functions and duties.
5 (1) The chief judge of each circuit shall make provision for
6 probation services for each county in his or her circuit. The
7 appointment of officers to probation or court services
8 departments and the administration of such departments shall
9 be governed by the provisions of Probation and Probation
10 Officers Act.
11 (2) Every county or every group of counties constituting
12 a probation district shall maintain a Court Services or a
13 Probation Department subject to the provisions of Probation
14 and Probation Officers Act. For the purposes of this Act
15 such a Court Services or Probation Department has, but is not
16 limited to, the following powers and duties:
17 (a) When authorized or directed by the court, to
18 receive, investigate and evaluate complaints indicating
19 dependency, requirement of authoritative intervention,
20 addiction or delinquency within the meaning of Sections 2-3,
21 2-4, 3-3, 4-3 or 5-105 5-3, respectively; to determine or
22 assist the complainant in determining whether a petition
23 should be filed under Sections 2-13, 3-15, 4-12 or 5-520 5-13
24 or whether referral should be made to an agency, association
25 or other person or whether some other action is advisable;
26 and to see that the indicating filing, referral or other
27 action is accomplished. However, no such investigation,
28 evaluation or supervision by such court services or probation
29 department is to occur with regard to complaints indicating
30 only that a minor may be a chronic or habitual truant.
31 (b) When a petition is filed under Section 2-13, 3-15,
32 4-15 or 5-520 5-13, to make pre-hearing investigations and
33 formulate recommendations to the court when the court has
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1 authorized or directed the department to do so.
2 (c) To counsel and, by order of the court, to supervise
3 minors referred to the court; to conduct indicated programs
4 of casework, including referrals for medical and mental
5 health service, organized recreation and job placement for
6 wards of the court and, when appropriate, for members of the
7 family of a ward; to act as liaison officer between the court
8 and agencies or associations to which minors are referred or
9 through which they are placed; when so appointed, to serve as
10 guardian of the person of a ward of the court; to provide
11 probation supervision and protective supervision ordered by
12 the court; and to provide like services to wards and
13 probationers of courts in other counties or jurisdictions who
14 have lawfully become local residents.
15 (d) To arrange for placements pursuant to court order.
16 (e) To assume administrative responsibility for such
17 detention, shelter care and other institutions for minors as
18 the court may operate.
19 (f) To maintain an adequate system of case records,
20 statistical records, and financial records related to
21 juvenile detention and shelter care and to make reports to
22 the court and other authorized persons, and to the Supreme
23 Court pursuant to Probation and Probation Officers Act.
24 (g) To perform such other services as may be appropriate
25 to effectuate the purposes of this Act or as may be directed
26 by any order of court made under this Act.
27 (3) The Court Services or Probation Department in any
28 probation district or county having less than 1,000,000
29 inhabitants, or any personnel of the Department, may be
30 required by the circuit court to render services to the court
31 in other matters as well as proceedings under this Act.
32 (4) In any county or probation district, a Probation
33 Department may be established as a separate division of a
34 more inclusive department of court services, with any
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1 appropriate divisional designation. The organization of any
2 such department of court services and the appointment of
3 officers and other personnel must comply with Probation and
4 Probations Officers Act.
5 (Source: P.A. 86-639; 86-659; 86-1028.)
6 (705 ILCS 405/6-8) (from Ch. 37, par. 806-8)
7 Sec. 6-8. Orders on county for care and support. (1)
8 Whenever a minor has been ordered held in detention or placed
9 in shelter care under Sections 2-7, 3-9, 4-6 or 5-410 5-7,
10 the court may order the county to make monthly payments from
11 the fund established pursuant to Section 6-7 in an amount
12 necessary for his care and support, but not for a period in
13 excess of 90 days.
14 (2) Whenever a ward of the court is placed under Section
15 2-27, 3-28, 4-25 or 5-740 5-29, the court may order the
16 county to make monthly payments from the fund established
17 pursuant to Section 6-7 in an amount necessary for his care
18 and support to the guardian of the person or legal custodian
19 appointed under this Act, or to the agency which such
20 guardian or custodian represents.
21 (3) The court may, when the health or condition of any
22 minor subject to this Act requires it, order the minor placed
23 in a public hospital, institution or agency for treatment or
24 special care, or in a private hospital, institution or agency
25 which will receive him without charge to the public
26 authorities. If such treatment or care cannot be procured
27 without charge, the court may order the county to pay an
28 amount for such treatment from the fund established pursuant
29 to Section 6-7. If the placement is to a hospital or
30 institution, the amount to be paid shall not exceed that paid
31 by the county department of public aid for the care of minors
32 under like conditions, or, if an agency, not more than that
33 established by the Department of Children and Family Services
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1 for the care of minors under like conditions. On like order,
2 the county shall pay, from the fund established pursuant to
3 Section 6-7, medical, surgical, dental, optical and other
4 fees and expenses which the court finds are not within the
5 usual scope of charges for the care and support of any minor
6 provided for under this Section.
7 (Source: P.A. 85-1235; 85-1443; 86-820.)
8 (705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
9 Sec. 6-9. Enforcement of liability of parents and
10 others.
11 (1) If parentage is at issue in any proceeding under
12 this Act, the Illinois Parentage Act of 1984 shall apply and
13 the court shall enter orders consistent with that Act. If it
14 appears at any hearing that a parent or any other person
15 named in the petition, liable under the law for the support
16 of the minor, is able to contribute to his support, the court
17 shall enter an order requiring that parent or other person to
18 pay the clerk of the court, or to the guardian or custodian
19 appointed under Sections 2-27, 3-28, 4-25 or 5-740 5-29, a
20 reasonable sum from time to time for the care, support and
21 necessary special care or treatment, of the minor. If the
22 court determines at any hearing that a parent or any other
23 person named in the petition, liable under the law for the
24 support of the minor, is able to contribute to help defray
25 the costs associated with the minor's detention in a county
26 or regional detention center, the court shall enter an order
27 requiring that parent or other person to pay the clerk of the
28 court a reasonable sum for the care and support of the minor.
29 The court may require reasonable security for the payments.
30 Upon failure to pay, the court may enforce obedience to the
31 order by a proceeding as for contempt of court. On
32 application and with the notice as it may direct, the court
33 may alter the payment or may compromise or waive arrearages
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1 in such a manner as appears reasonable and proper.
2 If it appears that the person liable for the support of
3 the minor is able to contribute to legal fees for
4 representation of the minor, the court shall enter an order
5 requiring that person to pay a reasonable sum for the
6 representation, to the attorney providing the representation
7 or to the clerk of the court for deposit in the appropriate
8 account or fund. The sum may be paid as the court directs,
9 and the payment thereof secured and enforced as provided in
10 this Section for support.
11 (2) When a person so ordered to pay for the care and
12 support of a minor is employed for wages, salary or
13 commission, the court may order him to make the support
14 payments for which he is liable under this Act out of his
15 wages, salary or commission and to assign so much thereof as
16 will pay the support. The court may also order him to make
17 discovery to the court as to his place of employment and the
18 amounts earned by him. Upon his failure to obey the orders of
19 court he may be punished as for contempt of court.
20 (3) If the minor is a recipient of public aid under the
21 Illinois Public Aid Code, the court shall order that payments
22 made by a parent or through assignment of his wages, salary
23 or commission be made directly to (a) the Illinois Department
24 of Public Aid if the minor is a recipient of aid under
25 Article V of the Code, (b) the Department of Human Services
26 if the minor is a recipient of aid under Article IV of the
27 Code, or (c) the local governmental unit responsible for the
28 support of the minor if he is a recipient under Articles VI
29 or VII of the Code. The order shall permit the Illinois
30 Department of Public Aid, the Department of Human Services,
31 or the local governmental unit, as the case may be, to direct
32 that subsequent payments be made directly to the guardian or
33 custodian of the minor, or to some other person or agency in
34 the minor's behalf, upon removal of the minor from the public
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1 aid rolls; and upon such direction and removal of the minor
2 from the public aid rolls, the Illinois Department of Public
3 Aid, Department of Human Services, or local governmental
4 unit, as the case requires, shall give written notice of such
5 action to the court. Payments received by the Illinois
6 Department of Public Aid, Department of Human Services, or
7 local governmental unit are to be covered, respectively, into
8 the General Revenue Fund of the State Treasury or General
9 Assistance Fund of the governmental unit, as provided in
10 Section 10-19 of the Illinois Public Aid Code.
11 (Source: P.A. 89-507, eff. 7-1-97.)
12 (705 ILCS 405/6-10) (from Ch. 37, par. 806-10)
13 Sec. 6-10. State reimbursement of funds.
14 (a) Before the 15th day of each month, the clerk of the
15 court shall itemize all payments received by him under
16 Section 6-9 during the preceding month and shall pay such
17 amounts to the county treasurer. Before the 20th day of each
18 month, the county treasurer shall file with the Department of
19 Children and Family Services an itemized statement of the
20 amount of money for the care and shelter of a minor placed in
21 shelter care under Sections 2-7, 3-9, 4-6 or 5-410 5-7 or
22 placed under Sections 2-27, 3-28, 4-25 or 5-740 5-29 before
23 July 1, 1980 and after June 30, 1981, paid by the county
24 during the last preceding month pursuant to court order
25 entered under Section 6-8, certified by the court, and an
26 itemized account of all payments received by the clerk of the
27 court under Section 6-9 during the preceding month and paid
28 over to the county treasurer, certified by the county
29 treasurer. The Department of Children and Family Services
30 shall examine and audit the monthly statement and account,
31 and upon finding them correct, shall voucher for payment to
32 the county a sum equal to the amount so paid out by the
33 county less the amount received by the clerk of the court
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1 under Section 6-9 and paid to the county treasurer but not
2 more than an amount equal to the current average daily rate
3 paid by the Department of Children and Family Services for
4 similar services pursuant to Section 5a of Children and
5 Family Services Act, approved June 4, 1963, as amended.
6 Reimbursement to the counties under this Section for care and
7 support of minors in licensed child caring institutions must
8 be made by the Department of Children and Family Services
9 only for care in those institutions which have filed with the
10 Department a certificate affirming that they admit minors on
11 the basis of need without regard to race or ethnic origin.
12 (b) The county treasurer may file with the Department of
13 Children and Family Services an itemized statement of the
14 amount of money paid by the county during the last preceding
15 month pursuant to court order entered under Section 6-8,
16 certified by the court, and an itemized account of all
17 payments received by the clerk of the court under Section 6-9
18 during the preceding month and paid over to the county
19 treasurer, certified by the county treasurer. The Department
20 of Children and Family Services shall examine and audit the
21 monthly statement and account, and upon finding them correct,
22 shall voucher for payment to the county a sum equal to the
23 amount so paid out by the county less the amount received by
24 the clerk of the court under Section 6-9 and paid to the
25 county treasurer. Subject to appropriations for that
26 purpose, the State shall reimburse the county for the care
27 and shelter of a minor placed in detention as a result of any
28 new provisions that are created by the Juvenile Justice
29 Reform Provisions of 1998.
30 (Source: P.A. 85-601.)
31 (705 ILCS 405/6-12 new)
32 Sec. 6-12. County juvenile justice councils.
33 (1) Each county, or group of counties pursuant to an
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1 intergovernmental agreement, in the State of Illinois may
2 establish a county juvenile justice council ("council").
3 Each of the following county officers shall designate a
4 representative to serve on the council: the sheriff, the
5 State's Attorney, Chief Probation Officer, and the county
6 board. In addition, the chief judge may designate a
7 representative to serve on the council.
8 (a) The council shall organize itself and elect
9 from its members a chairperson and such officers as are
10 deemed necessary. Until a chairperson is elected, the
11 State's Attorney shall serve as interim chairperson.
12 (b) The chairperson shall appoint additional
13 members of the council as is deemed necessary to
14 accomplish the purposes of this Article and whenever
15 possible shall appoint a local Chief of Police and a
16 representative of a community youth service provider. The
17 additional members may include, but are not limited to,
18 representatives of local law enforcement, juvenile
19 justice agencies, schools, businesses, and community
20 organizations.
21 (c) The county juvenile justice council shall meet
22 from time to time, but no less than semi-annually, for
23 the purpose of encouraging the initiation of, or
24 supporting ongoing, interagency cooperation and programs
25 to address juvenile delinquency and juvenile crime.
26 (2) The purpose of a county juvenile justice council is
27 to provide a forum for the development of a community-based
28 interagency assessment of the local juvenile justice system,
29 to develop a county juvenile justice plan for the prevention
30 of juvenile delinquency, and to make recommendations to the
31 county board, or county boards, for more effectively
32 utilizing existing community resources in dealing with
33 juveniles who are found to be involved in crime, or who are
34 truant or have been suspended or expelled from school. The
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1 county juvenile justice plan shall include relevant portions
2 of local crime prevention and public safety plans, school
3 improvement and school safety plans, and the plans or
4 initiatives of other public and private entities within the
5 county that are concerned with dropout prevention, school
6 safety, the prevention of juvenile crime and criminal
7 activity by youth gangs.
8 (3) The duties and responsibilities of the county
9 juvenile justice council include, but are not limited to:
10 (a) Developing a county juvenile justice plan based
11 upon utilization of the resources of law enforcement,
12 school systems, park programs, sports entities, and
13 others in a cooperative and collaborative manner to
14 prevent or discourage juvenile crime.
15 (b) Entering into a written county interagency
16 agreement specifying the nature and extent of
17 contributions each signatory agency will make in
18 achieving the goals of the county juvenile justice plan
19 and their commitment to the sharing of information useful
20 in carrying out the goals of the interagency agreement to
21 the extent authorized by law.
22 (c) Applying for and receiving public or private
23 grants, to be administered by one of the community
24 partners, that support one or more components of the
25 county juvenile justice plan.
26 (d) Providing a forum for the presentation of
27 interagency recommendations and the resolution of
28 disagreements relating to the contents of the county
29 interagency agreement or the performance by the parties
30 of their respective obligations under the agreement.
31 (e) Assisting and directing the efforts of local
32 community support organizations and volunteer groups in
33 providing enrichment programs and other support services
34 for clients of local juvenile detention centers.
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1 (f) Developing and making available a county-wide
2 or multi-county resource guide for minors in need of
3 prevention, intervention, psycho-social, educational
4 support, and other services needed to prevent juvenile
5 delinquency.
6 (4) The council shall have no role in the charging or
7 prosecution of juvenile offenders.
8 (705 ILCS 405/1-8.1 rep.)
9 (705 ILCS 405/1-8.2 rep.)
10 (705 ILCS 405/1-9 rep.)
11 (705 ILCS 405/1-10 rep.)
12 (705 ILCS 405/1-14 rep.)
13 (705 ILCS 405/5-1 rep.)
14 (705 ILCS 405/5-2 rep.)
15 (705 ILCS 405/5-3 rep.)
16 (705 ILCS 405/5-4 rep.)
17 (705 ILCS 405/5-5 rep.)
18 (705 ILCS 405/5-6 rep.)
19 (705 ILCS 405/5-7 rep.)
20 (705 ILCS 405/5-8 rep.)
21 (705 ILCS 405/5-9 rep.)
22 (705 ILCS 405/5-10 rep.)
23 (705 ILCS 405/5-10.5 rep.)
24 (705 ILCS 405/5-11 rep.)
25 (705 ILCS 405/5-12 rep.)
26 (705 ILCS 405/5-13 rep.)
27 (705 ILCS 405/5-14 rep.)
28 (705 ILCS 405/5-15 rep.)
29 (705 ILCS 405/5-16 rep.)
30 (705 ILCS 405/5-17 rep.)
31 (705 ILCS 405/5-18 rep.)
32 (705 ILCS 405/5-19 rep.)
33 (705 ILCS 405/5-20 rep.)
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1 (705 ILCS 405/5-21 rep.)
2 (705 ILCS 405/5-22 rep.)
3 (705 ILCS 405/5-23 rep.)
4 (705 ILCS 405/5-24 rep.)
5 (705 ILCS 405/5-25 rep.)
6 (705 ILCS 405/5-26 rep.)
7 (705 ILCS 405/5-27 rep.)
8 (705 ILCS 405/5-28 rep.)
9 (705 ILCS 405/5-29 rep.)
10 (705 ILCS 405/5-30 rep.)
11 (705 ILCS 405/5-31 rep.)
12 (705 ILCS 405/5-32 rep.)
13 (705 ILCS 405/5-33 rep.)
14 (705 ILCS 405/5-34 rep.)
15 Section 2001-15. The Juvenile Court Act of 1987 is
16 amended by repealing Sections 1-8.1, 1-8.2, 1-9, 1-10, 1-14,
17 5-1, 5-2, 5-3, 5-4, 5-5, 5-6, 5-7, 5-8, 5-9, 5-10, 5-10.5,
18 5-11, 5-12, 5-13, 5-14, 5-15, 5-16, 5-17, 5-18, 5-19, 5-20,
19 5-21, 5-22, 5-23, 5-24, 5-25, 5-26, 5-27, 5-28, 5-29, 5-30,
20 5-31, 5-32, 5-33, and 5-34.
21 Section 2001-20. The Criminal Code of 1961 is amended by
22 changing Section 12-18 as follows:
23 (720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
24 Sec. 12-18. General Provisions.
25 (a) No person accused of violating Sections 12-13,
26 12-14, 12-15 or 12-16 of this Code shall be presumed to be
27 incapable of committing an offense prohibited by Sections
28 12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code because of
29 age, physical condition or relationship to the victim, except
30 as otherwise provided in subsection (c) of this Section.
31 Nothing in this Section shall be construed to modify or
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1 abrogate the affirmative defense of infancy under Section 6-1
2 of this Code or the provisions of Section 5-805 5-4 of the
3 Juvenile Court Act of 1987.
4 (b) Any medical examination or procedure which is
5 conducted by a physician, nurse, medical or hospital
6 personnel, parent, or caretaker for purposes and in a manner
7 consistent with reasonable medical standards is not an
8 offense under Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16
9 of this Code.
10 (c) Prosecution of a spouse of a victim under this
11 subsection for any violation by the victim's spouse of
12 Section 12-13, 12-14, 12-15 or 12-16 of this Code is barred
13 unless the victim reported such offense to a law enforcement
14 agency or the State's Attorney's office within 30 days after
15 the offense was committed, except when the court finds good
16 cause for the delay.
17 (d) In addition to the sentences provided for in
18 Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the
19 Criminal Code of 1961 the Court may order any person who is
20 convicted of violating any of those Sections to meet all or
21 any portion of the financial obligations of treatment,
22 including but not limited to medical, psychiatric,
23 rehabilitative or psychological treatment, prescribed for the
24 victim or victims of the offense.
25 (e) After a finding at a preliminary hearing that there
26 is probable cause to believe that an accused has committed a
27 violation of Section 12-13, 12-14, or 12-14.1 of this Code,
28 or after an indictment is returned charging an accused with a
29 violation of Section 12-13, 12-14, or 12-14.1 of this Code,
30 at the request of the person who was the victim of the
31 violation of Section 12-13, 12-14, or 12-14.1, the
32 prosecuting State's attorney shall seek an order from the
33 court to compel the accused to be tested for infection with
34 human immunodeficiency virus (HIV). The medical test shall
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1 be performed only by appropriately licensed medical
2 practitioners, and shall consist of an enzyme-linked
3 immunosorbent assay (ELISA) test, or such other test as may
4 be approved by the Illinois Department of Public Health; in
5 the event of a positive result, the Western Blot Assay or a
6 more reliable confirmatory test shall be administered. The
7 results of the test shall be kept strictly confidential by
8 all medical personnel involved in the testing and must be
9 personally delivered in a sealed envelope to the victim and
10 to the judge who entered the order, for the judge's
11 inspection in camera. Acting in accordance with the best
12 interests of the victim and the public, the judge shall have
13 the discretion to determine to whom, if anyone, the result of
14 the testing may be revealed; however, in no case shall the
15 identity of the victim be disclosed. The court shall order
16 that the cost of the test shall be paid by the county, and
17 may be taxed as costs against the accused if convicted.
18 (Source: P.A. 88-421; 89-428, eff. 12-13-95; 89-462, eff.
19 5-29-96.)
20 Section 2001-25. The Code of Criminal Procedure of 1963
21 is amended by changing Sections 111-2 and 112A-2 as follows:
22 (725 ILCS 5/111-2) (from Ch. 38, par. 111-2)
23 Sec. 111-2. Commencement of prosecutions. (a) All
24 prosecutions of felonies shall be by information or by
25 indictment. No prosecution may be pursued by information
26 unless a preliminary hearing has been held or waived in
27 accordance with Section 109-3 and at that hearing probable
28 cause to believe the defendant committed an offense was
29 found, and the provisions of Section 109-3.1 of this Code
30 have been complied with.
31 (b) All other prosecutions may be by indictment,
32 information or complaint.
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1 (c) Upon the filing of an information or indictment in
2 open court charging the defendant with the commission of a
3 sex offense defined in any Section of Article 11 of the
4 Criminal Code of 1961, as amended, and a minor as defined in
5 Section 1-3 of the Juvenile Court Act of 1987, as amended, is
6 alleged to be the victim of the commission of the acts of the
7 defendant in the commission of such offense, the court may
8 appoint a guardian ad litem for the minor as provided in
9 Section 2-17, 3-19, 4-16 or 5-610 5-17 of the Juvenile Court
10 Act of 1987.
11 (d) Upon the filing of an information or indictment in
12 open court, the court shall immediately issue a warrant for
13 the arrest of each person charged with an offense directed to
14 a peace officer or some other person specifically named
15 commanding him to arrest such person.
16 (e) When the offense is bailable, the judge shall
17 endorse on the warrant the amount of bail required by the
18 order of the court, and if the court orders the process
19 returnable forthwith, the warrant shall require that the
20 accused be arrested and brought immediately into court.
21 (f) Where the prosecution of a felony is by information
22 or complaint after preliminary hearing, or after a waiver of
23 preliminary hearing in accordance with paragraph (a) of this
24 Section, such prosecution may be for all offenses, arising
25 from the same transaction or conduct of a defendant even
26 though the complaint or complaints filed at the preliminary
27 hearing charged only one or some of the offenses arising from
28 that transaction or conduct.
29 (Source: P.A. 85-1209.)
30 (725 ILCS 5/112A-2) (from Ch. 38, par. 112A-2)
31 Sec. 112A-2. Commencement of Actions.
32 (a) Actions for orders of protection are commenced in
33 conjunction with a delinquency petition or a criminal
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1 prosecution by filing a petition for an order of protection,
2 under the same case number as the delinquency petition or the
3 criminal prosecution, to be granted during pre-trial release
4 of a defendant, with any dispositional order issued under
5 Section 5-710 5-23 of the Juvenile Court Act of 1987, or as a
6 condition of release, supervision, conditional discharge,
7 probation, periodic imprisonment, parole or mandatory
8 supervised release, or in conjunction with imprisonment or a
9 bond forfeiture warrant, provided that:
10 (i) the violation is alleged in an information,
11 complaint, indictment or delinquency petition on file,
12 and the alleged offender and victim are family or
13 household members; and
14 (ii) the petition, which is filed by the State's
15 Attorney, names a victim of the alleged crime as a
16 petitioner.
17 (b) Withdrawal or dismissal of any petition for an order
18 of protection prior to adjudication where the petitioner is
19 represented by the state shall operate as a dismissal without
20 prejudice.
21 (c) Voluntary dismissal or withdrawal of any delinquency
22 petition or criminal prosecution or a finding of not guilty
23 shall not require dismissal of the action for the order of
24 protection; instead, in the discretion of the State's
25 Attorney, it may be treated as an independent action and, if
26 necessary and appropriate, transferred to a different court
27 or division. Dismissal of any delinquency petition or
28 criminal prosecution shall not affect the validity of any
29 previously issued order of protection, and thereafter
30 subsection (b) of Section 112A-20 shall be inapplicable to
31 that order.
32 (Source: P.A. 86-1300; 87-443; 87-1186.)
33 Section 2001-30. The Bill of Rights for Children is
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1 amended by changing Section 3 as follows:
2 (725 ILCS 115/3) (from Ch. 38, par. 1353)
3 Sec. 3. Rights to present child impact statement.
4 (a) In any case where a defendant has been convicted of
5 a violent crime involving a child or a juvenile has been
6 adjudicated a delinquent for any offense defined in Sections
7 12-13 through 12-16 of the Criminal Code of 1961, except
8 those in which both parties have agreed to the imposition of
9 a specific sentence, and a parent or legal guardian of the
10 child involved is present in the courtroom at the time of the
11 sentencing or the disposition hearing, the parent or legal
12 guardian upon his or her request shall have the right to
13 address the court regarding the impact which the defendant's
14 criminal conduct or the juvenile's delinquent conduct has had
15 upon the child. If the parent or legal guardian chooses to
16 exercise this right, the impact statement must have been
17 prepared in writing in conjunction with the Office of the
18 State's Attorney prior to the initial hearing or sentencing,
19 before it can be presented orally at the sentencing hearing.
20 The court shall consider any statements made by the parent or
21 legal guardian, along with all other appropriate factors in
22 determining the sentence of the defendant or disposition of
23 such juvenile.
24 (b) The crime victim has the right to prepare a victim
25 impact statement and present it to the office of the State's
26 Attorney at any time during the proceedings.
27 (c) This Section shall apply to any child victims of any
28 offense defined in Sections 12-13 through 12-16 of the
29 Criminal Code of 1961 during any dispositional hearing under
30 Section 5-705 5-22 of the Juvenile Court Act of 1987 which
31 takes place pursuant to an adjudication of delinquency for
32 any such offense.
33 (Source: P.A. 88-489.)
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1 Section 2001-35. The Rights of Crime Victims and
2 Witnesses Act is amended by changing Section 6 as follows:
3 (725 ILCS 120/6) (from Ch. 38, par. 1406)
4 Sec. 6. Rights to present victim impact statement.
5 (a) In any case where a defendant has been convicted of
6 a violent crime or a juvenile has been adjudicated a
7 delinquent for a violent crime except those in which both
8 parties have agreed to the imposition of a specific sentence,
9 and a victim of the violent crime is present in the courtroom
10 at the time of the sentencing or the disposition hearing, the
11 victim upon his or her request shall have the right to
12 address the court regarding the impact which the defendant's
13 criminal conduct or the juvenile's delinquent conduct has had
14 upon the victim. If the victim chooses to exercise this
15 right, the impact statement must have been prepared in
16 writing in conjunction with the Office of the State's
17 Attorney prior to the initial hearing or sentencing, before
18 it can be presented orally or in writing at the sentencing
19 hearing. In conjunction with the Office of the State's
20 Attorney, a victim impact statement that is presented orally
21 may be done so by the victim or his or her representative.
22 The court shall consider any statements made by the victim,
23 along with all other appropriate factors in determining the
24 sentence of the defendant or disposition of such juvenile.
25 (b) The crime victim has the right to prepare a victim
26 impact statement and present it to the Office of the State's
27 Attorney at any time during the proceedings.
28 (c) This Section shall apply to any victims of a violent
29 crime during any dispositional hearing under Section 5-705
30 5-22 of the Juvenile Court Act of 1987 which takes place
31 pursuant to an adjudication of delinquency for any such
32 offense.
33 (Source: P.A. 88-489; 88-680, eff. 1-1-95; 89-546, eff.
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1 1-1-97.)
2 Section 2001-40. The Unified Code of Corrections is
3 amended by changing Sections 3-2-2, 3-2-5, 3-3-3, 3-3-4,
4 3-3-8, 3-6-2, 3-10-7, 3-15-2, and 5-3-4 as follows:
5 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
6 Sec. 3-2-2. Powers and Duties of the Department.
7 (1) In addition to the powers, duties and
8 responsibilities which are otherwise provided by law, the
9 Department shall have the following powers:
10 (a) To accept persons committed to it by the courts of
11 this State for care, custody, treatment and rehabilitation.
12 (b) To develop and maintain reception and evaluation
13 units for purposes of analyzing the custody and
14 rehabilitation needs of persons committed to it and to assign
15 such persons to institutions and programs under its control
16 or transfer them to other appropriate agencies. In
17 consultation with the Department of Alcoholism and Substance
18 Abuse (now the Department of Human Services), the Department
19 of Corrections shall develop a master plan for the screening
20 and evaluation of persons committed to its custody who have
21 alcohol or drug abuse problems, and for making appropriate
22 treatment available to such persons; the Department shall
23 report to the General Assembly on such plan not later than
24 April 1, 1987. The maintenance and implementation of such
25 plan shall be contingent upon the availability of funds.
26 (b-5) To develop, in consultation with the Department of
27 State Police, a program for tracking and evaluating each
28 inmate from commitment through release for recording his or
29 her gang affiliations, activities, or ranks.
30 (c) To maintain and administer all State correctional
31 institutions and facilities under its control and to
32 establish new ones as needed. Pursuant to its power to
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1 establish new institutions and facilities, the Department
2 may, with the written approval of the Governor, authorize the
3 Department of Central Management Services to enter into an
4 agreement of the type described in subsection (d) of Section
5 67.02 of the Civil Administrative Code of Illinois. The
6 Department shall designate those institutions which shall
7 constitute the State Penitentiary System.
8 Pursuant to its power to establish new institutions and
9 facilities, the Department may authorize the Department of
10 Central Management Services to accept bids from counties and
11 municipalities for the construction, remodeling or conversion
12 of a structure to be leased to the Department of Corrections
13 for the purposes of its serving as a correctional institution
14 or facility. Such construction, remodeling or conversion may
15 be financed with revenue bonds issued pursuant to the
16 Industrial Building Revenue Bond Act by the municipality or
17 county. The lease specified in a bid shall be for a term of
18 not less than the time needed to retire any revenue bonds
19 used to finance the project, but not to exceed 40 years. The
20 lease may grant to the State the option to purchase the
21 structure outright.
22 Upon receipt of the bids, the Department may certify one
23 or more of the bids and shall submit any such bids to the
24 General Assembly for approval. Upon approval of a bid by a
25 constitutional majority of both houses of the General
26 Assembly, pursuant to joint resolution, the Department of
27 Central Management Services may enter into an agreement with
28 the county or municipality pursuant to such bid.
29 (c-5) To build and maintain regional juvenile detention
30 centers and to charge a per diem to the counties as
31 established by the Department to defray the costs of housing
32 each minor in a center. In this subsection (c-5), "juvenile
33 detention center" means a facility to house minors during
34 pendency of trial who have been transferred from proceedings
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1 under the Juvenile Court Act of 1987 to prosecutions under
2 the criminal laws of this State in accordance with Section
3 5-805 5-4 of the Juvenile Court Act of 1987, whether the
4 transfer was by operation of law or permissive under that
5 Section. The Department shall designate the counties to be
6 served by each regional juvenile detention center.
7 (d) To develop and maintain programs of control,
8 rehabilitation and employment of committed persons within its
9 institutions.
10 (e) To establish a system of supervision and guidance of
11 committed persons in the community.
12 (f) To establish in cooperation with the Department of
13 Transportation to supply a sufficient number of prisoners for
14 use by the Department of Transportation to clean up the trash
15 and garbage along State, county, township, or municipal
16 highways as designated by the Department of Transportation.
17 The Department of Corrections, at the request of the
18 Department of Transportation, shall furnish such prisoners at
19 least annually for a period to be agreed upon between the
20 Director of Corrections and the Director of Transportation.
21 The prisoners used on this program shall be selected by the
22 Director of Corrections on whatever basis he deems proper in
23 consideration of their term, behavior and earned eligibility
24 to participate in such program - where they will be outside
25 of the prison facility but still in the custody of the
26 Department of Corrections. Prisoners convicted of first
27 degree murder, or a Class X felony, or armed violence, or
28 aggravated kidnapping, or criminal sexual assault,
29 aggravated criminal sexual abuse or a subsequent conviction
30 for criminal sexual abuse, or forcible detention, or arson,
31 or a prisoner adjudged a Habitual Criminal shall not be
32 eligible for selection to participate in such program. The
33 prisoners shall remain as prisoners in the custody of the
34 Department of Corrections and such Department shall furnish
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1 whatever security is necessary. The Department of
2 Transportation shall furnish trucks and equipment for the
3 highway cleanup program and personnel to supervise and direct
4 the program. Neither the Department of Corrections nor the
5 Department of Transportation shall replace any regular
6 employee with a prisoner.
7 (g) To maintain records of persons committed to it and
8 to establish programs of research, statistics and planning.
9 (h) To investigate the grievances of any person
10 committed to the Department, to inquire into any alleged
11 misconduct by employees or committed persons, and to
12 investigate the assets of committed persons to implement
13 Section 3-7-6 of this Code; and for these purposes it may
14 issue subpoenas and compel the attendance of witnesses and
15 the production of writings and papers, and may examine under
16 oath any witnesses who may appear before it; to also
17 investigate alleged violations of a parolee's or releasee's
18 conditions of parole or release; and for this purpose it may
19 issue subpoenas and compel the attendance of witnesses and
20 the production of documents only if there is reason to
21 believe that such procedures would provide evidence that such
22 violations have occurred.
23 If any person fails to obey a subpoena issued under this
24 subsection, the Director may apply to any circuit court to
25 secure compliance with the subpoena. The failure to comply
26 with the order of the court issued in response thereto shall
27 be punishable as contempt of court.
28 (i) To appoint and remove the chief administrative
29 officers, and administer programs of training and development
30 of personnel of the Department. Personnel assigned by the
31 Department to be responsible for the custody and control of
32 committed persons or to investigate the alleged misconduct of
33 committed persons or employees or alleged violations of a
34 parolee's or releasee's conditions of parole shall be
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1 conservators of the peace for those purposes, and shall have
2 the full power of peace officers outside of the facilities of
3 the Department in the protection, arrest, retaking and
4 reconfining of committed persons or where the exercise of
5 such power is necessary to the investigation of such
6 misconduct or violations.
7 (j) To cooperate with other departments and agencies and
8 with local communities for the development of standards and
9 programs for better correctional services in this State.
10 (k) To administer all moneys and properties of the
11 Department.
12 (l) To report annually to the Governor on the committed
13 persons, institutions and programs of the Department.
14 (l-5) In a confidential annual report to the Governor,
15 the Department shall identify all inmate gangs by specifying
16 each current gang's name, population and allied gangs. The
17 Department shall further specify the number of top leaders
18 identified by the Department for each gang during the past
19 year, and the measures taken by the Department to segregate
20 each leader from his or her gang and allied gangs. The
21 Department shall further report the current status of leaders
22 identified and segregated in previous years. All leaders
23 described in the report shall be identified by inmate number
24 or other designation to enable tracking, auditing, and
25 verification without revealing the names of the leaders.
26 Because this report contains law enforcement intelligence
27 information collected by the Department, the report is
28 confidential and not subject to public disclosure.
29 (m) To make all rules and regulations and exercise all
30 powers and duties vested by law in the Department.
31 (n) To establish rules and regulations for administering
32 a system of good conduct credits, established in accordance
33 with Section 3-6-3, subject to review by the Prisoner Review
34 Board.
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1 (o) To administer the distribution of funds from the
2 State Treasury to reimburse counties where State penal
3 institutions are located for the payment of assistant state's
4 attorneys' salaries under Section 4-2001 of the Counties
5 Code.
6 (p) To exchange information with the Department of Human
7 Services and the Illinois Department of Public Aid for the
8 purpose of verifying living arrangements and for other
9 purposes directly connected with the administration of this
10 Code and the Illinois Public Aid Code.
11 (q) To establish a diversion program.
12 The program shall provide a structured environment for
13 selected technical parole or mandatory supervised release
14 violators and committed persons who have violated the rules
15 governing their conduct while in work release. This program
16 shall not apply to those persons who have committed a new
17 offense while serving on parole or mandatory supervised
18 release or while committed to work release.
19 Elements of the program shall include, but shall not be
20 limited to, the following:
21 (1) The staff of a diversion facility shall provide
22 supervision in accordance with required objectives set by
23 the facility.
24 (2) Participants shall be required to maintain
25 employment.
26 (3) Each participant shall pay for room and board
27 at the facility on a sliding-scale basis according to the
28 participant's income.
29 (4) Each participant shall:
30 (A) provide restitution to victims in
31 accordance with any court order;
32 (B) provide financial support to his
33 dependents; and
34 (C) make appropriate payments toward any other
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1 court-ordered obligations.
2 (5) Each participant shall complete community
3 service in addition to employment.
4 (6) Participants shall take part in such
5 counseling, educational and other programs as the
6 Department may deem appropriate.
7 (7) Participants shall submit to drug and alcohol
8 screening.
9 (8) The Department shall promulgate rules governing
10 the administration of the program.
11 (r) To enter into intergovernmental cooperation
12 agreements under which persons in the custody of the
13 Department may participate in a county impact incarceration
14 program established under Section 3-6038 or 3-15003.5 of the
15 Counties Code.
16 (r-5) To enter into intergovernmental cooperation
17 agreements under which minors adjudicated delinquent and
18 committed to the Department of Corrections, Juvenile
19 Division, may participate in a county juvenile impact
20 incarceration program established under Section 3-6039 of the
21 Counties Code.
22 (r-10) To systematically and routinely identify with
23 respect to each streetgang active within the correctional
24 system: (1) each active gang; (2) every existing inter-gang
25 affiliation or alliance; and (3) the current leaders in each
26 gang. The Department shall promptly segregate leaders from
27 inmates who belong to their gangs and allied gangs.
28 "Segregate" means no physical contact and, to the extent
29 possible under the conditions and space available at the
30 correctional facility, prohibition of visual and sound
31 communication. For the purposes of this paragraph (r-10),
32 "leaders" means persons who:
33 (i) are members of a criminal streetgang;
34 (ii) with respect to other individuals within the
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1 streetgang, occupy a position of organizer, supervisor,
2 or other position of management or leadership; and
3 (iii) are actively and personally engaged in
4 directing, ordering, authorizing, or requesting
5 commission of criminal acts by others, which are
6 punishable as a felony, in furtherance of streetgang
7 related activity both within and outside of the
8 Department of Corrections.
9 "Streetgang", "gang", and "streetgang related" have the
10 meanings ascribed to them in Section 10 of the Illinois
11 Streetgang Terrorism Omnibus Prevention Act.
12 (s) To operate a super-maximum security institution, in
13 order to manage and supervise inmates who are disruptive or
14 dangerous and provide for the safety and security of the
15 staff and the other inmates.
16 (t) To monitor any unprivileged conversation or any
17 unprivileged communication, whether in person or by mail,
18 telephone, or other means, between an inmate who, before
19 commitment to the Department, was a member of an organized
20 gang and any other person without the need to show cause or
21 satisfy any other requirement of law before beginning the
22 monitoring, except as constitutionally required. The
23 monitoring may be by video, voice, or other method of
24 recording or by any other means. As used in this subdivision
25 (1)(t), "organized gang" has the meaning ascribed to it in
26 Section 10 of the Illinois Streetgang Terrorism Omnibus
27 Prevention Act.
28 As used in this subdivision (1)(t), "unprivileged
29 conversation" or "unprivileged communication" means a
30 conversation or communication that is not protected by any
31 privilege recognized by law or by decision, rule, or order of
32 the Illinois Supreme Court.
33 (u) To do all other acts necessary to carry out the
34 provisions of this Chapter.
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1 (2) The Department of Corrections shall by January 1,
2 1998, consider building and operating a correctional facility
3 within 100 miles of a county of over 2,000,000 inhabitants,
4 especially a facility designed to house juvenile participants
5 in the impact incarceration program.
6 (Source: P.A. 89-110, eff. 1-1-96; 89-302, eff. 8-11-95;
7 89-312, eff. 8-11-95; 89-390, eff. 8-20-95; 89-507, eff.
8 7-1-97; 89-626, eff. 8-9-96; 89-688, eff. 6-1-97; 89-689,
9 eff. 12-31-96; 90-14, eff. 7-1-97.)
10 (730 ILCS 5/3-2-5) (from Ch. 38, par. 1003-2-5)
11 Sec. 3-2-5. Organization of the Department. (a) There
12 shall be an Adult Division within the Department which shall
13 be administered by an Assistant Director appointed by the
14 Governor under The Civil Administrative Code of Illinois. The
15 Assistant Director shall be under the direction of the
16 Director. The Adult Division shall be responsible for all
17 persons committed or transferred to the Department under
18 Sections 3-10-7 or 5-8-6 of this Code.
19 (b) There shall be a Juvenile Division within the
20 Department which shall be administered by an Assistant
21 Director appointed by the Governor under The Civil
22 Administrative Code of Illinois. The Assistant Director shall
23 be under the direction of the Director. The Juvenile Division
24 shall be responsible for all persons committed to the
25 Juvenile Division of the Department under Section 5-8-6 of
26 this Code or Section 5-10 of the Juvenile Court Act or
27 Section 5-750 5-33 of the Juvenile Court Act of 1987.
28 (Source: P.A. 85-1209.)
29 (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
30 Sec. 3-3-3. Eligibility for Parole or Release. (a) Except
31 for those offenders who accept the fixed release date
32 established by the Prisoner Review Board under Section
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1 3-3-2.1, every person serving a term of imprisonment under
2 the law in effect prior to the effective date of this
3 amendatory Act of 1977 shall be eligible for parole when he
4 has served:
5 (1) the minimum term of an indeterminate sentence less
6 time credit for good behavior, or 20 years less time credit
7 for good behavior, whichever is less; or
8 (2) 20 years of a life sentence less time credit for
9 good behavior; or
10 (3) 20 years or one-third of a determinate sentence,
11 whichever is less, less time credit for good behavior.
12 (b) No person sentenced under this amendatory Act of
13 1977 or who accepts a release date under Section 3-3-2.1
14 shall be eligible for parole.
15 (c) Except for those sentenced to a term of natural life
16 imprisonment, every person sentenced to imprisonment under
17 this amendatory Act of 1977 or given a release date under
18 Section 3-3-2.1 of this Act shall serve the full term of a
19 determinate sentence less time credit for good behavior and
20 shall then be released under the mandatory supervised release
21 provisions of paragraph (d) of Section 5-8-1 of this Code.
22 (d) No person serving a term of natural life
23 imprisonment may be paroled or released except through
24 executive clemency.
25 (e) Every person committed to the Juvenile Division
26 under Section 5-10 of the Juvenile Court Act or Section 5-750
27 5-33 of the Juvenile Court Act of 1987 or Section 5-8-6 of
28 this Code and confined in the State correctional institutions
29 or facilities if such juvenile has not been tried as an adult
30 shall be eligible for parole without regard to the length of
31 time the person has been confined or whether the person has
32 served any minimum term imposed. However, if a juvenile has
33 been tried as an adult he shall only be eligible for parole
34 or mandatory supervised release as an adult under this
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1 Section.
2 (Source: P.A. 85-1209.)
3 (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
4 Sec. 3-3-4. Preparation for Parole Hearing. (a) The
5 Prisoner Review Board shall consider the parole of each
6 eligible person committed to the Adult Division at least 30
7 days prior to the date he shall first become eligible for
8 parole, and shall consider the parole of each person
9 committed to the Juvenile Division as a delinquent at least
10 30 days prior to the expiration of the first year of
11 confinement.
12 (b) A person eligible for parole shall, in advance of
13 his parole hearing, prepare a parole plan in accordance with
14 the rules of the Prisoner Review Board. The person shall be
15 assisted in preparing his parole plan by personnel of the
16 Department and may, for this purpose, be released on furlough
17 under Article 11 or on authorized absence under Section
18 3-9-4. The Department shall also provide assistance in
19 obtaining information and records helpful to the individual
20 for his parole hearing.
21 (c) The members of the Board shall have access at all
22 reasonable times to any committed person and to his master
23 record file within the Department, and the Department shall
24 furnish such reports to the Board as the Board may require
25 concerning the conduct and character of any such person.
26 (d) In making its determination of parole, the Board
27 shall consider:
28 (1) material transmitted to the Department by the clerk
29 of the committing court under Section 5-4-1 or Section 5-10
30 of the Juvenile Court Act or Section 5-750 5-33 of the
31 Juvenile Court Act of 1987;
32 (2) the report under Section 3-8-2 or 3-10-2;
33 (3) a report by the Department and any report by the
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1 chief administrative officer of the institution or facility;
2 (4) a parole progress report;
3 (5) a medical and psychological report, if requested by
4 the Board;
5 (6) material in writing, or on film, video tape or other
6 electronic means in the form of a recording submitted by the
7 person whose parole is being considered; and
8 (7) material in writing, or on film, video tape or other
9 electronic means in the form of a recording or testimony
10 submitted by the State's Attorney and the victim pursuant to
11 the Bill of Rights for Victims and Witnesses of Violent Crime
12 Act.
13 (e) The prosecuting State's Attorney's office shall
14 receive reasonable written notice not less than 15 days prior
15 to the parole hearing and may submit relevant information in
16 writing, or on film, video tape or other electronic means or
17 in the form of a recording to the Board for its
18 consideration. The State's Attorney may waive the written
19 notice.
20 (f) The victim of the violent crime for which the
21 prisoner has been sentenced shall receive notice of a parole
22 hearing as provided in paragraph (16) of Section 4 of the
23 Bill of Rights for Victims and Witnesses of Violent Crime
24 Act.
25 (g) Any recording considered under the provisions of
26 subsection (d)(6), (d)(7) or (e) of this Section shall be in
27 the form designated by the Board. Such recording shall be
28 both visual and aural. Every voice on the recording and
29 person present shall be identified and the recording shall
30 contain either a visual or aural statement of the person
31 submitting such recording, the date of the recording and the
32 name of the person whose parole eligibility is being
33 considered. Such recordings, if retained by the Board shall
34 be deemed to be submitted at any subsequent parole hearing if
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1 the victim or State's Attorney submits in writing a
2 declaration clearly identifying such recording as
3 representing the present position of the victim or State's
4 Attorney regarding the issues to be considered at the parole
5 hearing.
6 (Source: P.A. 86-642.)
7 (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
8 Sec. 3-3-8. Length of parole and mandatory supervised
9 release; discharge.)
10 (a) The length of parole for a person sentenced under
11 the law in effect prior to the effective date of this
12 amendatory Act of 1977 and the length of mandatory supervised
13 release for those sentenced under the law in effect on and
14 after such effective date shall be as set out in Section
15 5-8-1 unless sooner terminated under paragraph (b) of this
16 Section. The parole period of a juvenile committed to the
17 Department under the Juvenile Court Act or the Juvenile Court
18 Act of 1987 shall extend until he is 21 years of age unless
19 sooner terminated under paragraph (b) of this Section.
20 (b) The Prisoner Review Board may enter an order
21 releasing and discharging one from parole or mandatory
22 supervised release, and his commitment to the Department,
23 when it determines that he is likely to remain at liberty
24 without committing another offense.
25 (c) The order of discharge shall become effective upon
26 entry of the order of the Board. The Board shall notify the
27 clerk of the committing court of the order. Upon receipt of
28 such copy, the clerk shall make an entry on the record
29 judgment that the sentence or commitment has been satisfied
30 pursuant to the order.
31 (d) Rights of the person discharged under this Section
32 shall be restored under Section 5-5-5. This Section is
33 subject to Section 5-750 5-33 of the Juvenile Court Act of
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1 1987.
2 (Source: P.A. 85-1209.)
3 (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
4 Sec. 3-6-2. Institutions and Facility Administration.
5 (a) Each institution and facility of the Department
6 shall be administered by a chief administrative officer
7 appointed by the Director. A chief administrative officer
8 shall be responsible for all persons assigned to the
9 institution or facility. The chief administrative officer
10 shall administer the programs of the Department for the
11 custody and treatment of such persons.
12 (b) The chief administrative officer shall have such
13 assistants as the Department may assign.
14 (c) The Director or Assistant Director shall have the
15 emergency powers to temporarily transfer individuals without
16 formal procedures to any State, county, municipal or regional
17 correctional or detention institution or facility in the
18 State, subject to the acceptance of such receiving
19 institution or facility, or to designate any reasonably
20 secure place in the State as such an institution or facility
21 and to make transfers thereto. However, transfers made under
22 emergency powers shall be reviewed as soon as practicable
23 under Article 8, and shall be subject to Section 5-905 1-7 of
24 the Juvenile Court Act of 1987. This Section shall not apply
25 to transfers to the Department of Human Services which are
26 provided for under Section 3-8-5 or Section 3-10-5.
27 (d) The Department shall provide educational programs
28 for all committed persons so that all persons have an
29 opportunity to attain the achievement level equivalent to the
30 completion of the twelfth grade in the public school system
31 in this State. Other higher levels of attainment shall be
32 encouraged and professional instruction shall be maintained
33 wherever possible. The Department may establish programs of
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1 mandatory education and may establish rules and regulations
2 for the administration of such programs. A person committed
3 to the Department who, during the period of his or her
4 incarceration, participates in an educational program
5 provided by or through the Department and through that
6 program is awarded or earns the number of hours of credit
7 required for the award of an associate, baccalaureate, or
8 higher degree from a community college, college, or
9 university located in Illinois shall reimburse the State,
10 through the Department, for the costs incurred by the State
11 in providing that person during his or her incarceration with
12 the education that qualifies him or her for the award of that
13 degree. The costs for which reimbursement is required under
14 this subsection shall be determined and computed by the
15 Department under rules and regulations that it shall
16 establish for that purpose. However, interest at the rate of
17 6% per annum shall be charged on the balance of those costs
18 from time to time remaining unpaid, from the date of the
19 person's parole, mandatory supervised release, or release
20 constituting a final termination of his or her commitment to
21 the Department until paid.
22 (e) A person committed to the Department who becomes in
23 need of medical or surgical treatment but is incapable of
24 giving consent thereto shall receive such medical or surgical
25 treatment by the chief administrative officer consenting on
26 the person's behalf. Before the chief administrative officer
27 consents, he or she shall obtain the advice of one or more
28 physicians licensed to practice medicine in all its branches
29 in this State. If such physician or physicians advise:
30 (1) that immediate medical or surgical treatment is
31 required relative to a condition threatening to cause
32 death, damage or impairment to bodily functions, or
33 disfigurement; and
34 (2) that the person is not capable of giving
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1 consent to such treatment; the chief administrative
2 officer may give consent for such medical or surgical
3 treatment, and such consent shall be deemed to be the
4 consent of the person for all purposes, including, but
5 not limited to, the authority of a physician to give such
6 treatment.
7 (f) In the event that the person requires medical care
8 and treatment at a place other than the institution or
9 facility, the person may be removed therefrom under
10 conditions prescribed by the Department. The Department shall
11 require the committed person receiving medical or dental
12 services on a non-emergency basis to pay a $2 co-payment to
13 the Department for each visit for medical or dental services
14 at a place other than the institution or facility. The
15 amount of each co-payment shall be deducted from the
16 committed person's individual account. A committed person who
17 is indigent is exempt from the $2 co-payment and is entitled
18 to receive medical or dental services on the same basis as a
19 committed person who is financially able to afford the
20 co-payment.
21 (g) Any person having sole custody of a child at the
22 time of commitment or any woman giving birth to a child after
23 her commitment, may arrange through the Department of
24 Children and Family Services for suitable placement of the
25 child outside of the Department of Corrections. The Director
26 of the Department of Corrections may determine that there are
27 special reasons why the child should continue in the custody
28 of the mother until the child is 6 years old.
29 (h) The Department may provide Family Responsibility
30 Services which may consist of, but not be limited to the
31 following:
32 (1) family advocacy counseling;
33 (2) parent self-help group;
34 (3) parenting skills training;
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1 (4) parent and child overnight program;
2 (5) parent and child reunification counseling,
3 either separately or together, preceding the inmate's
4 release; and
5 (6) a prerelease reunification staffing involving
6 the family advocate, the inmate and the child's
7 counselor, or both and the inmate.
8 (i) Prior to the release of any inmate who has a
9 documented history of intravenous drug use, and upon the
10 receipt of that inmate's written informed consent, the
11 Department shall provide for the testing of such inmate for
12 infection with human immunodeficiency virus (HIV) and any
13 other identified causative agent of acquired immunodeficiency
14 syndrome (AIDS). The testing provided under this subsection
15 shall consist of an enzyme-linked immunosorbent assay (ELISA)
16 test or such other test as may be approved by the Illinois
17 Department of Public Health. If the test result is positive,
18 the Western Blot Assay or more reliable confirmatory test
19 shall be administered. All inmates tested in accordance with
20 the provisions of this subsection shall be provided with
21 pre-test and post-test counseling. Notwithstanding any
22 provision of this subsection to the contrary, the Department
23 shall not be required to conduct the testing and counseling
24 required by this subsection unless sufficient funds to cover
25 all costs of such testing and counseling are appropriated for
26 that purpose by the General Assembly.
27 (Source: P.A. 89-507, eff. 7-1-97; 89-659, eff. 1-1-97;
28 90-14, eff. 7-1-97.)
29 (730 ILCS 5/3-10-7) (from Ch. 38, par. 1003-10-7)
30 Sec. 3-10-7. Interdivisional Transfers. (a) In any case
31 where a minor was originally prosecuted under the provisions
32 of the Criminal Code of 1961, as amended, and sentenced under
33 the provisions of this Act pursuant to Section 2-7 of the
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1 Juvenile Court Act or Section 5-805 5-4 of the Juvenile Court
2 Act of 1987 and committed to the Juvenile Division under
3 Section 5-8-6, the Department of Corrections shall, within 30
4 days of the date that the minor reaches the age of 17, send
5 formal notification to the sentencing court and the State's
6 Attorney of the county from which the minor was sentenced
7 indicating the day upon which the minor offender will achieve
8 the age of 17. Within 90 days of receipt of that notice, the
9 sentencing court shall conduct a hearing, pursuant to the
10 provisions of subsection (c) of this Section to determine
11 whether or not the minor shall continue to remain under the
12 auspices of the Juvenile Division or be transferred to the
13 Adult Division of the Department of Corrections.
14 The minor shall be served with notice of the date of the
15 hearing, shall be present at the hearing, and has the right
16 to counsel at the hearing. The minor, with the consent of
17 his or her counsel or guardian may waive his presence at
18 hearing.
19 (b) Unless sooner paroled under Section 3-3-3, the
20 confinement of a minor person committed for an indeterminate
21 sentence in a criminal proceeding shall terminate at the
22 expiration of the maximum term of imprisonment, and he shall
23 thereupon be released to serve a period of parole under
24 Section 5-8-1, but if the maximum term of imprisonment does
25 not expire until after his 21st birthday, he shall continue
26 to be subject to the control and custody of the Department,
27 and on his 21st birthday, he shall be transferred to the
28 Adult Division. If such person is on parole on his 21st
29 birthday, his parole supervision may be transferred to the
30 Adult Division.
31 (c) Any interdivisional transfer hearing conducted
32 pursuant to subsection (a) of this Section shall consider all
33 available information which may bear upon the issue of
34 transfer. All evidence helpful to the court in determining
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1 the question of transfer, including oral and written reports
2 containing hearsay, may be relied upon to the extent of its
3 probative value, even though not competent for the purposes
4 of an adjudicatory hearing. The court shall consider, along
5 with any other relevant matter, the following:
6 1. The nature of the offense for which the minor was
7 found guilty and the length of the sentence the minor has to
8 serve and the record and previous history of the minor.
9 2. The record of the minor's adjustment within the
10 Department of Corrections' Juvenile Division, including, but
11 not limited to, reports from the minor's counselor, any
12 escapes, attempted escapes or violent or disruptive conduct
13 on the part of the minor, any tickets received by the minor,
14 summaries of classes attended by the minor, and any record of
15 work performed by the minor while in the institution.
16 3. The relative maturity of the minor based upon the
17 physical, psychological and emotional development of the
18 minor.
19 4. The record of the rehabilitative progress of the
20 minor and an assessment of the vocational potential of the
21 minor.
22 5. An assessment of the necessity for transfer of the
23 minor, including, but not limited to, the availability of
24 space within the Department of Corrections, the disciplinary
25 and security problem which the minor has presented to the
26 Juvenile Division and the practicability of maintaining the
27 minor in a juvenile facility, whether resources have been
28 exhausted within the Juvenile Division of the Department of
29 Corrections, the availability of rehabilitative and
30 vocational programs within the Department of Corrections, and
31 the anticipated ability of the minor to adjust to confinement
32 within an adult institution based upon the minor's physical
33 size and maturity.
34 All relevant factors considered under this subsection
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1 need not be resolved against the juvenile in order to justify
2 such transfer. Access to social records, probation reports
3 or any other reports which are considered by the court for
4 the purpose of transfer shall be made available to counsel
5 for the juvenile at least 30 days prior to the date of the
6 transfer hearing. The Sentencing Court, upon granting a
7 transfer order, shall accompany such order with a statement
8 of reasons.
9 (d) Whenever the Director or his designee determines
10 that the interests of safety, security and discipline require
11 the transfer to the Adult Division of a person 17 years or
12 older who was prosecuted under the provisions of the Criminal
13 Code of 1961, as amended, and sentenced under the provisions
14 of this Act pursuant to Section 2-7 of the Juvenile Court Act
15 or Section 5-805 5-4 of the Juvenile Court Act of 1987 and
16 committed to the Juvenile Division under Section 5-8-6, the
17 Director or his designee may authorize the emergency transfer
18 of such person, unless the transfer of the person is governed
19 by subsection (e) of this Section. The sentencing court shall
20 be provided notice of any emergency transfer no later than 3
21 days after the emergency transfer. Upon motion brought
22 within 60 days of the emergency transfer by the sentencing
23 court or any party, the sentencing court may conduct a
24 hearing pursuant to the provisions of subsection (c) of this
25 Section in order to determine whether the person shall remain
26 confined in the Adult Division.
27 (e) The Director or his designee may authorize the
28 permanent transfer to the Adult Division of any person 18
29 years or older who was prosecuted under the provisions of the
30 Criminal Code of 1961, as amended, and sentenced under the
31 provisions of this Act pursuant to Section 2-7 of the
32 Juvenile Court Act or Section 5-805 5-4 of the Juvenile Court
33 Act of 1987 and committed to the Juvenile Division under
34 Section 5-8-6 of this Act. The Director or his designee shall
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1 be governed by the following factors in determining whether
2 to authorize the permanent transfer of the person to the
3 Adult Division:
4 1. The nature of the offense for which the person was
5 found guilty and the length of the sentence the person has to
6 serve and the record and previous history of the person.
7 2. The record of the person's adjustment within the
8 Department of Corrections' Juvenile Division, including, but
9 not limited to, reports from the person's counselor, any
10 escapes, attempted escapes or violent or disruptive conduct
11 on the part of the person, any tickets received by the
12 person, summaries of classes attended by the person, and any
13 record of work performed by the person while in the
14 institution.
15 3. The relative maturity of the person based upon the
16 physical, psychological and emotional development of the
17 person.
18 4. The record of the rehabilitative progress of the
19 person and an assessment of the vocational potential of the
20 person.
21 5. An assessment of the necessity for transfer of the
22 person, including, but not limited to, the availability of
23 space within the Department of Corrections, the disciplinary
24 and security problem which the person has presented to the
25 Juvenile Division and the practicability of maintaining the
26 person in a juvenile facility, whether resources have been
27 exhausted within the Juvenile Division of the Department of
28 Corrections, the availability of rehabilitative and
29 vocational programs within the Department of Corrections, and
30 the anticipated ability of the person to adjust to
31 confinement within an adult institution based upon the
32 person's physical size and maturity.
33 (Source: P.A. 85-1209.)
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1 (730 ILCS 5/3-15-2) (from Ch. 38, par. 1003-15-2)
2 Sec. 3-15-2. Standards and Assistance to Local Jails and
3 Detention and Shelter Care Facilities.
4 (a) The Department shall establish for the operation of
5 county and municipal jails and houses of correction, and
6 county juvenile detention and shelter care facilities
7 established pursuant to the "County Shelter Care and
8 Detention Home Act", minimum standards for the physical
9 condition of such institutions and for the treatment of
10 inmates with respect to their health and safety and the
11 security of the community.
12 Such standards shall not apply to county shelter care
13 facilities which were in operation prior to January 1, 1980.
14 Such standards shall not seek to mandate minimum floor space
15 requirements for each inmate housed in cells and detention
16 rooms in county and municipal jails and houses of correction.
17 However, no more than two inmates may be housed in a single
18 cell or detention room.
19 When an inmate is tested for an airborne communicable
20 disease, as determined by the Illinois Department of Public
21 Health including but not limited to tuberculosis, the results
22 of the test shall be personally delivered by the warden or
23 his or her designee in a sealed envelope to the judge of the
24 court in which the inmate must appear for the judge's
25 inspection in camera if requested by the judge. Acting in
26 accordance with the best interests of those in the courtroom,
27 the judge shall have the discretion to determine what if any
28 precautions need to be taken to prevent transmission of the
29 disease in the courtroom.
30 (b) At least once each year, the Department may inspect
31 each adult facility for compliance with the standards
32 established and the results of such inspection shall be made
33 available by the Department for public inspection. At least
34 once each year, the Department shall inspect each county
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1 juvenile detention and shelter care facility for compliance
2 with the standards established, and the Department shall make
3 the results of such inspections available for public
4 inspection. If any detention, shelter care or correctional
5 facility does not comply with the standards established, the
6 Director of Corrections shall give notice to the county board
7 and the sheriff or the corporate authorities of the
8 municipality, as the case may be, of such noncompliance,
9 specifying the particular standards that have not been met by
10 such facility. If the facility is not in compliance with such
11 standards when six months have elapsed from the giving of
12 such notice, the Director of Corrections may petition the
13 appropriate court for an order requiring such facility to
14 comply with the standards established by the Department or
15 for other appropriate relief.
16 (c) The Department may provide consultation services for
17 the design, construction, programs and administration of
18 detention, shelter care, and correctional facilities and
19 services for children and adults operated by counties and
20 municipalities and may make studies and surveys of the
21 programs and the administration of such facilities. Personnel
22 of the Department shall be admitted to these facilities as
23 required for such purposes. The Department may develop and
24 administer programs of grants-in-aid for correctional
25 services in cooperation with local agencies. The Department
26 may provide courses of training for the personnel of such
27 institutions and conduct pilot projects in the institutions.
28 (d) The Department is authorized to issue reimbursement
29 grants for counties, municipalities or public building
30 commissions for the purpose of meeting minimum correctional
31 facilities standards set by the Department under this
32 Section. Grants may be issued only for projects that were
33 completed after July 1, 1980 and initiated prior to January
34 1, 1987.
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1 (1) Grants for regional correctional facilities
2 shall not exceed 90% of the project costs or $7,000,000,
3 whichever is less.
4 (2) Grants for correctional facilities by a single
5 county, municipality or public building commission shall
6 not exceed 75% of the proposed project costs or
7 $4,000,000, whichever is less.
8 (3) As used in this subsection (d), "project" means
9 only that part of a facility that is constructed for
10 jail, correctional or detention purposes and does not
11 include other areas of multi-purpose buildings.
12 Construction or renovation grants are authorized to be
13 issued by the Capital Development Board from capital
14 development bond funds after application by a county or
15 counties, municipality or municipalities or public building
16 commission or commissions and approval of a construction or
17 renovation grant by the Department for projects initiated
18 after January 1, 1987.
19 (e) The Department shall adopt standards for county
20 jails to hold juveniles on a temporary basis, as provided in
21 Section 5-410 Sections 5-7 and 5-10 of the Juvenile Court Act
22 of 1987. These standards shall include educational,
23 recreational, and disciplinary standards as well as access to
24 medical services, crisis intervention, mental health
25 services, suicide prevention, health care, nutritional needs,
26 and visitation rights. The Department shall also notify any
27 county applying to hold juveniles in a county jail of the
28 monitoring and program standards for juvenile detention
29 facilities under Section 5-410 paragraphs (C-1)(a) and
30 (C-1)(c) of subsection (2) of Section 5-7 and paragraphs
31 (5.1)(a) and (5.1)(c) of Section 5-10 of the Juvenile Court
32 Act of 1987.
33 (Source: P.A. 89-64, eff. 1-1-96; 89-477, eff. 6-18-96;
34 89-656, eff. 8-14-96; 90-14, eff. 7-1-97.)
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1 (730 ILCS 5/5-3-4) (from Ch. 38, par. 1005-3-4)
2 Sec. 5-3-4. Disclosure of Reports.
3 (a) Any report made pursuant to this Article or Section
4 5-705 5-22 of the Juvenile Court Act of 1987 shall be filed
5 of record with the court in a sealed envelope.
6 (b) Presentence reports shall be open for inspection
7 only as follows:
8 (1) to the sentencing court;
9 (2) to the state's attorney and the defendant's
10 attorney at least 3 days prior to the imposition of
11 sentence, unless such 3 day requirement is waived;
12 (3) to an appellate court in which the conviction
13 or sentence is subject to review;
14 (4) to any department, agency or institution to
15 which the defendant is committed;
16 (5) to any probation department of whom courtesy
17 probation is requested;
18 (6) to any probation department assigned by a court
19 of lawful jurisdiction to conduct a presentence report;
20 (7) to any other person only as ordered by the
21 court.
22 (c) Presentence reports shall be filed of record with
23 the court within 30 days of a verdict or finding of guilty
24 for any offense involving an illegal sexual act perpetrated
25 upon a victim, including but not limited to offenses for
26 violations of Article 12 of the Criminal Code of 1961.
27 (d) A complaint, information or indictment shall not be
28 quashed or dismissed nor shall any person in custody for an
29 offense be discharged from custody because of noncompliance
30 with subsection (c) of this Section.
31 (Source: P.A. 86-391; 87-900.)
32 Section 2001-45. The Probation and Probation Officers
33 Act is amended by changing Section 15.1 as follows:
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1 (730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1)
2 Sec. 15.1. Probation and Court Services Fund.
3 (a) The county treasurer in each county shall establish
4 a probation and court services fund consisting of fees
5 collected pursuant to subsection (i) of Section 5-6-3 and
6 subsection (i) of Section 5-6-3.1 of the Unified Code of
7 Corrections, and subsection (10) of Section 5-615 5-19 and
8 subsection (5) of Section 5-715 5-24 of the Juvenile Court
9 Act of 1987. The county treasurer shall disburse monies from
10 the fund only at the direction of the chief judge of the
11 circuit court in such circuit where the county is located.
12 The county treasurer of each county shall, on or before
13 January 10 of each year, submit an annual report to the
14 Supreme Court.
15 (b) Monies in the probation and court services fund
16 shall be appropriated by the county board to be used within
17 the county or jurisdiction where collected in accordance with
18 policies and guidelines approved by the Supreme Court for the
19 costs of operating the probation and court services
20 department or departments; however, monies in the probation
21 and court services fund shall not be used for the payment of
22 salaries of probation and court services personnel.
23 (c) Monies expended from the probation and court
24 services fund shall be used to supplement, not supplant,
25 county appropriations for probation and court services.
26 (d) Interest earned on monies deposited in a probation
27 and court services fund may be used by the county for its
28 ordinary and contingent expenditures.
29 (e) The county board may appropriate moneys from the
30 probation and court services fund, upon the direction of the
31 chief judge, to support programs that are part of the
32 continuum of juvenile delinquency intervention programs which
33 are or may be developed within the county. The grants from
34 the probation and court services fund shall be for no more
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1 than one year and may be used for any expenses attributable
2 to the program including administration and oversight of the
3 program by the probation department.
4 (Source: P.A. 89-198, eff. 7-21-95.)
5 Section 2001-50. The Illinois Domestic Violence Act of
6 1986 is amended by changing Section 202 as follows:
7 (750 ILCS 60/202) (from Ch. 40, par. 2312-2)
8 Sec. 202. Commencement of action; filing fees;
9 dismissal.
10 (a) How to commence action. Actions for orders of
11 protection are commenced:
12 (1) Independently: By filing a petition for an
13 order of protection in any civil court, unless specific
14 courts are designated by local rule or order.
15 (2) In conjunction with another civil proceeding:
16 By filing a petition for an order of protection under the
17 same case number as another civil proceeding involving
18 the parties, including but not limited to: (i) any
19 proceeding under the Illinois Marriage and Dissolution of
20 Marriage Act, Illinois Parentage Act of 1984, Nonsupport
21 of Spouse and Children Act, Revised Uniform Reciprocal
22 Enforcement of Support Act or an action for nonsupport
23 brought under Article 10 of the Illinois Public Aid Code,
24 provided that a petitioner and the respondent are a party
25 to or the subject of that proceeding or (ii) a
26 guardianship proceeding under the Probate Act of 1975, or
27 a proceeding for involuntary commitment under the Mental
28 Health and Developmental Disabilities Code, or any
29 proceeding, other than a delinquency petition, under the
30 Juvenile Court Act of 1987, provided that a petitioner or
31 the respondent is a party to or the subject of such
32 proceeding.
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1 (3) In conjunction with a delinquency petition or a
2 criminal prosecution: By filing a petition for an order
3 of protection, under the same case number as the
4 delinquency petition or criminal prosecution, to be
5 granted during pre-trial release of a defendant, with any
6 dispositional order issued under Section 5-710 5-23 of
7 the Juvenile Court Act of 1987 or as a condition of
8 release, supervision, conditional discharge, probation,
9 periodic imprisonment, parole or mandatory supervised
10 release, or in conjunction with imprisonment or a bond
11 forfeiture warrant; provided that:
12 (i) the violation is alleged in an
13 information, complaint, indictment or delinquency
14 petition on file, and the alleged offender and
15 victim are family or household members or persons
16 protected by this Act; and
17 (ii) the petition, which is filed by the
18 State's Attorney, names a victim of the alleged
19 crime as a petitioner.
20 (b) Filing, certification, and service fees. No fee
21 shall be charged by the clerk for filing petitions or
22 certifying orders. No fee shall be charged by the sheriff
23 for service by the sheriff of a petition, rule, motion, or
24 order in an action commenced under this Section.
25 (c) Dismissal and consolidation. Withdrawal or
26 dismissal of any petition for an order of protection prior to
27 adjudication where the petitioner is represented by the State
28 shall operate as a dismissal without prejudice. No action
29 for an order of protection shall be dismissed because the
30 respondent is being prosecuted for a crime against the
31 petitioner. An independent action may be consolidated with
32 another civil proceeding, as provided by paragraph (2) of
33 subsection (a) of this Section. For any action commenced
34 under paragraph (2) or (3) of subsection (a) of this Section,
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1 dismissal of the conjoined case (or a finding of not guilty)
2 shall not require dismissal of the action for the order of
3 protection; instead, it may be treated as an independent
4 action and, if necessary and appropriate, transferred to a
5 different court or division. Dismissal of any conjoined case
6 shall not affect the validity of any previously issued order
7 of protection, and thereafter subsections (b)(1) and (b)(2)
8 of Section 220 shall be inapplicable to such order.
9 (d) Pro se petitions. The court shall provide, through
10 the office of the clerk of the court, simplified forms and
11 clerical assistance to help with the writing and filing of a
12 petition under this Section by any person not represented by
13 counsel. In addition, that assistance may be provided by the
14 state's attorney.
15 (Source: P.A. 87-1186; 88-306.)
16 Section 2001-55. Administrative Office of the Illinois
17 Courts; report. The Administrative Office of the Illinois
18 Courts shall study the fiscal impact of the implementation of
19 this Act which is under its authority and submit a report of
20 that study to the General Assembly within 12 months after the
21 enactment of this Act. The Administrative Office may, in
22 addition to other requests, make a request for funding of the
23 implementation of this Act.
24 ARTICLE 3001. YOUTH DRIVING
25 Section 3001-5. The Illinois Vehicle Code is amended by
26 changing Section 6-204 and adding Section 6-205.1 as follows:
27 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
28 Sec. 6-204. When Court to forward License and Reports.
29 (a) For the purpose of providing to the Secretary of
30 State the records essential to the performance of the
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1 Secretary's duties under this Code to cancel, revoke or
2 suspend the driver's license and privilege to drive motor
3 vehicles of certain minors adjudicated truant minors in need
4 of supervision, addicted, or delinquent and of persons found
5 guilty of the criminal offenses or traffic violations which
6 this Code recognizes as evidence relating to unfitness to
7 safely operate motor vehicles, the following duties are
8 imposed upon public officials:
9 1. Whenever any person is convicted of any offense
10 for which this Code makes mandatory the cancellation or
11 revocation of the driver's license or permit of such
12 person by the Secretary of State, the judge of the court
13 in which such conviction is had shall require the
14 surrender to the clerk of the court of all driver's
15 licenses or permits then held by the person so convicted,
16 and the clerk of the court shall, within 10 days
17 thereafter, forward the same, together with a report of
18 such conviction, to the Secretary.
19 2. Whenever any person is convicted of any offense
20 under this Code or similar offenses under a municipal
21 ordinance, other than regulations governing standing,
22 parking or weights of vehicles, and excepting the
23 following enumerated Sections of this Code: Sections
24 11-1406 (obstruction to driver's view or control),
25 11-1407 (improper opening of door into traffic), 11-1410
26 (coasting on downgrade), 11-1411 (following fire
27 apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101
28 (driving vehicle which is in unsafe condition or
29 improperly equipped), 12-201(a) (daytime lights on
30 motorcycles), 12-202 (clearance, identification and side
31 marker lamps), 12-204 (lamp or flag on projecting load),
32 12-205 (failure to display the safety lights required),
33 12-401 (restrictions as to tire equipment), 12-502
34 (mirrors), 12-503 (windshields must be unobstructed and
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1 equipped with wipers), 12-601 (horns and warning
2 devices), 12-602 (mufflers, prevention of noise or
3 smoke), 12-603 (seat safety belts), 12-702 (certain
4 vehicles to carry flares or other warning devices),
5 12-703 (vehicles for oiling roads operated on highways),
6 12-710 (splash guards and replacements), 13-101 (safety
7 tests), 15-101 (size, weight and load), 15-102 (width),
8 15-103 (height), 15-104 (name and address on second
9 division vehicles), 15-107 (length of vehicle), 15-109.1
10 (cover or tarpaulin), 15-111 (weights), 15-112 (weights),
11 15-301 (weights), 15-316 (weights), 15-318 (weights), and
12 also excepting the following enumerated Sections of the
13 Chicago Municipal Code: Sections 27-245 (following fire
14 apparatus), 27-254 (obstruction of traffic), 27-258
15 (driving vehicle which is in unsafe condition), 27-259
16 (coasting on downgrade), 27-264 (use of horns and signal
17 devices), 27-265 (obstruction to driver's view or driver
18 mechanism), 27-267 (dimming of headlights), 27-268
19 (unattended motor vehicle), 27-272 (illegal funeral
20 procession), 27-273 (funeral procession on boulevard),
21 27-275 (driving freighthauling vehicles on boulevard),
22 27-276 (stopping and standing of buses or taxicabs),
23 27-277 (cruising of public passenger vehicles), 27-305
24 (parallel parking), 27-306 (diagonal parking), 27-307
25 (parking not to obstruct traffic), 27-308 (stopping,
26 standing or parking regulated), 27-311 (parking
27 regulations), 27-312 (parking regulations), 27-313
28 (parking regulations), 27-314 (parking regulations),
29 27-315 (parking regulations), 27-316 (parking
30 regulations), 27-317 (parking regulations), 27-318
31 (parking regulations), 27-319 (parking regulations),
32 27-320 (parking regulations), 27-321 (parking
33 regulations), 27-322 (parking regulations), 27-324
34 (loading and unloading at an angle), 27-333 (wheel and
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1 axle loads), 27-334 (load restrictions in the downtown
2 district), 27-335 (load restrictions in residential
3 areas), 27-338 (width of vehicles), 27-339 (height of
4 vehicles), 27-340 (length of vehicles), 27-352
5 (reflectors on trailers), 27-353 (mufflers), 27-354
6 (display of plates), 27-355 (display of city vehicle tax
7 sticker), 27-357 (identification of vehicles), 27-358
8 (projecting of loads), and also excepting the following
9 enumerated paragraphs of Section 2-201 of the Rules and
10 Regulations of the Illinois State Toll Highway Authority:
11 (l) (driving unsafe vehicle on tollway), (m) (vehicles
12 transporting dangerous cargo not properly indicated), it
13 shall be the duty of the clerk of the court in which such
14 conviction is had within 10 days thereafter to forward to
15 the Secretary of State a report of the conviction and the
16 court may recommend the suspension of the driver's
17 license or permit of the person so convicted.
18 The reporting requirements of this subsection shall apply
19 to all violations stated in paragraphs 1 and 2 of this
20 subsection when the individual has been adjudicated under the
21 Juvenile Court Act or the Juvenile Court Act of 1987. Such
22 reporting requirements shall also apply to individuals
23 adjudicated under the Juvenile Court Act or the Juvenile
24 Court Act of 1987 who have committed a violation of Section
25 11-501 of this Code, or similar provision of a local
26 ordinance, or Section 9-3 of the Criminal Code of 1961, as
27 amended, relating to the offense of reckless homicide. The
28 reporting requirements of this subsection shall also apply to
29 a truant minor in need of supervision, an addicted minor, or
30 a delinquent minor and whose driver's license and privilege
31 to drive a motor vehicle has been ordered suspended for such
32 times as determined by the Court, but only until he or she
33 attains 18 years of age. It shall be the duty of the clerk
34 of the court in which adjudication is had within 10 days
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1 thereafter to forward to the Secretary of State a report of
2 the adjudication and the court order requiring the Secretary
3 of State to suspend the minor's driver's license and driving
4 privilege for such time as determined by the Court, but only
5 until he or she attains the age of 18 years. All juvenile
6 court dispositions reported to the Secretary of State under
7 this provision shall be processed by the Secretary of State
8 as if the cases had been adjudicated in traffic or criminal
9 court. However, information reported relative to the offense
10 of reckless homicide, or Section 11-501 of this Code, or a
11 similar provision of a local ordinance, shall be privileged
12 and available only to the Secretary of State, courts, and
13 police officers.
14 3. Whenever an order is entered vacating the
15 forfeiture of any bail, security or bond given to secure
16 appearance for any offense under this Code or similar
17 offenses under municipal ordinance, it shall be the duty
18 of the clerk of the court in which such vacation was had
19 or the judge of such court if such court has no clerk,
20 within 10 days thereafter to forward to the Secretary of
21 State a report of the vacation.
22 4. A report of any disposition of court supervision
23 for a violation of Sections 6-303, 11-401, 11-501 or a
24 similar provision of a local ordinance, 11-503 and 11-504
25 shall be forwarded to the Secretary of State.
26 5. Reports of conviction and sentencing hearing
27 under the Juvenile Court Act of 1987 in a computer
28 processible medium shall be forwarded to the Secretary of
29 State via the Supreme Court in the form and format
30 required by the Illinois Supreme Court and established by
31 a written agreement between the Supreme Court and the
32 Secretary of State. In counties with a population over
33 300,000, instead of forwarding reports to the Supreme
34 Court, reports of conviction and sentencing hearing under
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1 the Juvenile Court Act of 1987 in a computer processible
2 medium may be forwarded to the Secretary of State by the
3 Circuit Court Clerk in a form and format required by the
4 Secretary of State and established by written agreement
5 between the Circuit Court Clerk and the Secretary of
6 State. Failure to forward the reports of conviction or
7 sentencing hearing under the Juvenile Court Act of 1987
8 as required by this Section shall be deemed an omission
9 of duty and it shall be the duty of the several State's
10 Attorneys to enforce the requirements of this Section.
11 (b) Whenever a restricted driving permit is forwarded to
12 a court, as a result of confiscation by a police officer
13 pursuant to the authority in Section 6-113(f), it shall be
14 the duty of the clerk, or judge, if the court has no clerk,
15 to forward such restricted driving permit and a facsimile of
16 the officer's citation to the Secretary of State as
17 expeditiously as practicable.
18 (c) For the purposes of this Code, a forfeiture of bail
19 or collateral deposited to secure a defendant's appearance in
20 court when forfeiture has not been vacated, or the failure of
21 a defendant to appear for trial after depositing his driver's
22 license in lieu of other bail, shall be equivalent to a
23 conviction.
24 (d) For the purpose of providing the Secretary of State
25 with records necessary to properly monitor and assess driver
26 performance and assist the courts in the proper disposition
27 of repeat traffic law offenders, the clerk of the court shall
28 forward to the Secretary of State, on a form prescribed by
29 the Secretary, records of driver's participation in a driver
30 remedial or rehabilitative program which was required,
31 through a court order or court supervision, in relation to
32 the driver's arrest for a violation of Section 11-501 of this
33 Code or a similar provision of a local ordinance. Such
34 reports shall be sent within 10 days after the driver's
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1 referral to such driver remedial or rehabilitative program.
2 Such reports, including those required to be forwarded under
3 subsection 4 of paragraph (a), shall be recorded to the
4 driver's file, but shall not be released to any outside
5 source, except the affected driver, and shall be used only to
6 assist in assessing driver performance and for the purpose of
7 informing the courts that such driver has been previously
8 assigned court supervision or referred to a driver's remedial
9 or rehabilitative program.
10 (Source: P.A. 88-415.)
11 (625 ILCS 5/6-205.1 new)
12 Sec. 6-205.1. Suspension of driver's licenses of certain
13 minors. Whenever a person is adjudicated under the Juvenile
14 Court Act of 1987 as a truant minor in need of supervision,
15 an addicted minor, or a delinquent minor and the court orders
16 that the minor's driver's license or privilege to drive a
17 motor vehicle be suspended for such time as determined by the
18 Court but only until the minor attains 18 years of age, the
19 Secretary of State shall suspend the driving privileges of
20 that person as order by the Court.
21 Section 3001-10. The Juvenile Court Act of 1987 is
22 amended by changing Sections 3-24, 3-33, and 4-21 as follows:
23 (705 ILCS 405/3-24) (from Ch. 37, par. 803-24)
24 Sec. 3-24. Kinds of dispositional orders.
25 (1) The following kinds of orders of disposition may be
26 made in respect to wards of the court: A minor found to be
27 requiring authoritative intervention under Section 3-3 may be
28 (a) committed to the Department of Children and Family
29 Services, subject to Section 5 of the Children and Family
30 Services Act; (b) placed under supervision and released to
31 his or her parents, guardian or legal custodian; (c) placed
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1 in accordance with Section 3-28 with or without also being
2 placed under supervision. Conditions of supervision may be
3 modified or terminated by the court if it deems that the best
4 interests of the minor and the public will be served thereby;
5 or (d) ordered partially or completely emancipated in
6 accordance with the provisions of the Emancipation of Mature
7 Minors Act; or (e) subject to having his or her driver's
8 license or driving privilege suspended for such time as
9 determined by the Court but only until he or she attains 18
10 years of age.
11 (2) Any order of disposition may provide for protective
12 supervision under Section 3-25 and may include an order of
13 protection under Section 3-26.
14 (3) Unless the order of disposition expressly so
15 provides, it does not operate to close proceedings on the
16 pending petition, but is subject to modification until final
17 closing and discharge of the proceedings under Section 3-32.
18 (4) In addition to any other order of disposition, the
19 court may order any person found to be a minor requiring
20 authoritative intervention under Section 3-3 to make
21 restitution, in monetary or non-monetary form, under the
22 terms and conditions of Section 5-5-6 of the Unified Code of
23 Corrections, except that the "presentence hearing" referred
24 to therein shall be the dispositional hearing for purposes of
25 this Section. The parent, guardian or legal custodian of
26 the minor may pay some or all of such restitution on the
27 minor's behalf.
28 (5) Any order for disposition where the minor is
29 committed or placed in accordance with Section 3-28 shall
30 provide for the parents or guardian of the estate of such
31 minor to pay to the legal custodian or guardian of the person
32 of the minor such sums as are determined by the custodian or
33 guardian of the person of the minor as necessary for the
34 minor's needs. Such payments may not exceed the maximum
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1 amounts provided for by Section 9.1 of the Children and
2 Family Services Act.
3 (6) Whenever the order of disposition requires the minor
4 to attend school or participate in a program of training, the
5 truant officer or designated school official shall regularly
6 report to the court if the minor is a chronic or habitual
7 truant under Section 26-2a of the School Code.
8 (Source: P.A. 89-235, eff. 8-4-95.)
9 (705 ILCS 405/3-33) (from Ch. 37, par. 803-33)
10 Sec. 3-33. Truant Minor in Need of Supervision.
11 (a) Definition. A minor who is reported by a regional
12 superintendent of schools, or in cities of over 500,000
13 inhabitants, by the Office of Chronic Truant Adjudication, as
14 a chronic truant shall be adjudged a truant minor in need of
15 supervision.
16 (a-1) There is a rebuttable presumption that a chronic
17 truant is a truant minor in need of supervision.
18 (a-2) There is a rebuttable presumption that school
19 records of a minor's attendance at school are authentic.
20 (a-3) For purposes of this Section, "chronic truant" has
21 the meaning ascribed to it in Section 26-2a of the School
22 Code.
23 (b) Kinds of dispositional orders. A minor found to be
24 a truant minor in need of supervision may be:
25 (1) committed to the appropriate regional
26 superintendent of schools for a multi-disciplinary case
27 staffing, individualized educational plan or service plan, or
28 referral to comprehensive community-based youth services;
29 (2) required to comply with an individualized
30 educational plan or service plan as specifically provided by
31 the appropriate regional superintendent of schools;
32 (3) ordered to obtain counseling or other supportive
33 services;
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1 (4) subject to a fine in an amount in excess of $5, but
2 not exceeding $100, and each day of absence without valid
3 cause as defined in Section 26-2a of The School Code is a
4 separate offense;
5 (5) required to perform some reasonable public service
6 work such as, but not limited to, the picking up of litter in
7 public parks or along public highways or the maintenance of
8 public facilities; or
9 (6) subject to having his or her driver's license or
10 driving privilege suspended for a period of time as
11 determined by the court but only until he or she attains 18
12 years of age.
13 A dispositional order may include a fine, public service,
14 or suspension of a driver's license or privilege only if the
15 court has made an express written finding that a truancy
16 prevention program has been offered by the school, regional
17 superintendent of schools, or a community social service
18 agency to the truant minor in need of supervision.
19 (c) Orders entered under this Section may be enforced by
20 contempt proceedings.
21 (Source: P.A. 90-143, eff. 7-23-97; 90-380, eff. 8-14-97;
22 revised 10-23-97.)
23 (705 ILCS 405/4-21) (from Ch. 37, par. 804-21)
24 Sec. 4-21. Kinds of dispositional orders.
25 (1) A minor found to be addicted under Section 4-3 may
26 be (a) committed to the Department of Children and Family
27 Services, subject to Section 5 of the Children and Family
28 Services Act; (b) placed under supervision and released to
29 his or her parents, guardian or legal custodian; (c) placed
30 in accordance with Section 4-25 with or without also being
31 placed under supervision. Conditions of supervision may be
32 modified or terminated by the court if it deems that the best
33 interests of the minor and the public will be served thereby;
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1 (d) required to attend an approved alcohol or drug abuse
2 treatment or counseling program on an inpatient or outpatient
3 basis instead of or in addition to the disposition otherwise
4 provided for in this paragraph; or (e) ordered partially or
5 completely emancipated in accordance with the provisions of
6 the Emancipation of Mature Minors Act; or (f) subject to
7 having his or her driver's license or driving privilege
8 suspended for such time as determined by the Court but only
9 until he or she attains 18 years of age. No disposition
10 under this subsection shall provide for the minor's placement
11 in a secure facility.
12 (2) Any order of disposition may provide for protective
13 supervision under Section 4-22 and may include an order of
14 protection under Section 4-23.
15 (3) Unless the order of disposition expressly so
16 provides, it does not operate to close proceedings on the
17 pending petition, but is subject to modification until final
18 closing and discharge of the proceedings under Section 4-29.
19 (4) In addition to any other order of disposition, the
20 court may order any minor found to be addicted under this
21 Article as neglected with respect to his or her own injurious
22 behavior, to make restitution, in monetary or non-monetary
23 form, under the terms and conditions of Section 5-5-6 of the
24 Unified Code of Corrections, except that the "presentence
25 hearing" referred to therein shall be the dispositional
26 hearing for purposes of this Section. The parent, guardian
27 or legal custodian of the minor may pay some or all of such
28 restitution on the minor's behalf.
29 (5) Any order for disposition where the minor is placed
30 in accordance with Section 4-25 shall provide for the parents
31 or guardian of the estate of such minor to pay to the legal
32 custodian or guardian of the person of the minor such sums as
33 are determined by the custodian or guardian of the person of
34 the minor as necessary for the minor's needs. Such payments
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1 may not exceed the maximum amounts provided for by Section
2 9.1 of the Children and Family Services Act.
3 (6) Whenever the order of disposition requires the minor
4 to attend school or participate in a program of training, the
5 truant officer or designated school official shall regularly
6 report to the court if the minor is a chronic or habitual
7 truant under Section 26-2a of the School Code.
8 (Source: P.A. 89-202, eff. 7-21-95; 89-235, eff. 8-4-95;
9 89-626, eff. 8-9-96.)
10 ARTICLE 4001. SEVERABILITY AND EFFECTIVE DATE
11 Section 4001-95. No acceleration or delay. Where this
12 Act makes changes in a statute that is represented in this
13 Act by text that is not yet or no longer in effect (for
14 example, a Section represented by multiple versions), the use
15 of that text does not accelerate or delay the taking effect
16 of (i) the changes made by this Act or (ii) provisions
17 derived from any other Public Act.
18 Section 4001-96. Severability. The provisions of this
19 Act are severable under Section 1.31 of the Statute on
20 Statutes.
21 Section 4001-99. Effective date. This Act takes effect
22 January 1, 1999, except that Article 1001 shall take effect
23 January 1, 2000.