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90_SB0363ham001
LRB9002769RCksam02
1 AMENDMENT TO SENATE BILL 363
2 AMENDMENT NO. . Amend Senate Bill 363 by replacing
3 the title with the following:
4 "AN ACT in relation to juveniles, which may be referred
5 to as the Juvenile Justice Reform Provisions of 1998."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "ARTICLE 1001. JUVENILE RECORDS
9 Section 1001-5. The Children and Family Services Act is
10 amended by changing Section 35.1 as follows:
11 (20 ILCS 505/35.1) (from Ch. 23, par. 5035.1)
12 Sec. 35.1. The case and clinical records of patients in
13 Department supervised facilities, wards of the Department,
14 children receiving or applying for child welfare services,
15 persons receiving or applying for other services of the
16 Department, and Department reports of injury or abuse to
17 children shall not be open to the general public. Such case
18 and clinical records and reports or the information contained
19 therein shall be disclosed by the Director of the Department
20 to juvenile authorities when necessary for the discharge of
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1 their official duties who request information concerning the
2 minor and who certify in writing that the information will
3 not be disclosed to any other party except as provided under
4 law or order of court. For purposes of this Section,
5 "juvenile authorities" means: (i) a judge of the circuit
6 court and members of the staff of the court designated by the
7 judge; (ii) parties to the proceedings under the Juvenile
8 Court Act of 1987 and their attorneys; (iii) probation
9 officers and court appointed advocates for the juvenile
10 authorized by the judge hearing the case; (iv) any
11 individual, public of private agency having custody of the
12 child pursuant to court order; (v) any individual, public or
13 private agency providing education, medical or mental health
14 service to the child when the requested information is needed
15 to determine the appropriate service or treatment for the
16 minor; (vi) any potential placement provider when such
17 release is authorized by the court for the limited purpose of
18 determining the appropriateness of the potential placement;
19 (vii) law enforcement officers and prosecutors; (viii) adult
20 and juvenile prisoner review boards; (ix) authorized military
21 personnel; (x) only to proper law enforcement officials,
22 individuals authorized by court; (xi), the Illinois General
23 Assembly or any committee or commission thereof, and to such
24 other persons and for such reasons as the Director shall
25 designate by rule or regulation. This Section does not apply
26 to the Department's fiscal records, other records of a purely
27 administrative nature, or any forms, documents or other
28 records required of facilities subject to licensure by the
29 Department except as may otherwise be provided under the
30 Child Care Act of 1969.
31 Nothing contained in this Act prevents the sharing or
32 disclosure of information or records relating or pertaining
33 to juveniles subject to the provisions of the Serious
34 Habitual Offender Comprehensive Action Program when that
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1 information is used to assist in the early identification and
2 treatment of habitual juvenile offenders.
3 Nothing contained in this Act prevents the sharing or
4 disclosure of information or records relating or pertaining
5 to the death of a minor under the care of or receiving
6 services from the Department and under the jurisdiction of
7 the juvenile court with the juvenile court, the State's
8 Attorney, and the minor's attorney.
9 Nothing contained in this Section prohibits or prevents
10 any individual dealing with or providing services to a minor
11 from sharing information with another individual dealing with
12 or providing services to a minor for the purpose of
13 coordinating efforts on behalf of the minor. The sharing of
14 such information is only for the purpose stated herein and is
15 to be consistent with the intent and purpose of the
16 confidentiality provisions of the Juvenile Court Act of 1987.
17 This provision does not abrogate any recognized privilege.
18 Sharing information does not include copying of records,
19 reports or case files unless authorized herein.
20 (Source: P.A. 90-15, eff. 6-13-97.)
21 Section 1001-10. The Civil Administrative Code of
22 Illinois is amended by changing Section 55a as follows:
23 (20 ILCS 2605/55a) (from Ch. 127, par. 55a)
24 (Text of Section before 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
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1 been vested in the Department of Public Safety by the State
2 Police Radio Act.
3 3. To exercise the rights, powers and duties which have
4 been vested in the Department of Public Safety by the
5 Criminal Identification Act.
6 4. To (a) investigate the origins, activities, personnel
7 and incidents of crime and the ways and means to redress the
8 victims of crimes, and study the impact, if any, of
9 legislation relative to the effusion of crime and growing
10 crime rates, and enforce the criminal laws of this State
11 related thereto, (b) enforce all laws regulating the
12 production, sale, prescribing, manufacturing, administering,
13 transporting, having in possession, dispensing, delivering,
14 distributing, or use of controlled substances and cannabis,
15 (c) employ skilled experts, scientists, technicians,
16 investigators or otherwise specially qualified persons to aid
17 in preventing or detecting crime, apprehending criminals, or
18 preparing and presenting evidence of violations of the
19 criminal laws of the State, (d) cooperate with the police of
20 cities, villages and incorporated towns, and with the police
21 officers of any county, in enforcing the laws of the State
22 and in making arrests and recovering property, (e) apprehend
23 and deliver up any person charged in this State or any other
24 State of the United States with treason, felony, or other
25 crime, who has fled from justice and is found in this State,
26 and (f) conduct such other investigations as may be provided
27 by law. Persons exercising these powers within the Department
28 are conservators of the peace and as such have all the powers
29 possessed by policemen in cities and sheriffs, except that
30 they may exercise such powers anywhere in the State in
31 cooperation with and after contact with the local law
32 enforcement officials. Such persons may use false or
33 fictitious names in the performance of their duties under
34 this paragraph, upon approval of the Director, and shall not
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1 be subject to prosecution under the criminal laws for such
2 use.
3 5. To: (a) be a central repository and custodian of
4 criminal statistics for the State, (b) be a central
5 repository for criminal history record information, (c)
6 procure and file for record such information as is necessary
7 and helpful to plan programs of crime prevention, law
8 enforcement and criminal justice, (d) procure and file for
9 record such copies of fingerprints, as may be required by
10 law, (e) establish general and field crime laboratories, (f)
11 register and file for record such information as may be
12 required by law for the issuance of firearm owner's
13 identification cards, (g) employ polygraph operators,
14 laboratory technicians and other specially qualified persons
15 to aid in the identification of criminal activity, and (h)
16 undertake such other identification, information, laboratory,
17 statistical or registration activities as may be required by
18 law.
19 6. To (a) acquire and operate one or more radio
20 broadcasting stations in the State to be used for police
21 purposes, (b) operate a statewide communications network to
22 gather and disseminate information for law enforcement
23 agencies, (c) operate an electronic data processing and
24 computer center for the storage and retrieval of data
25 pertaining to criminal activity, and (d) undertake such other
26 communication activities as may be required by law.
27 7. To provide, as may be required by law, assistance to
28 local law enforcement agencies through (a) training,
29 management and consultant services for local law enforcement
30 agencies, and (b) the pursuit of research and the publication
31 of studies pertaining to local law enforcement activities.
32 8. To exercise the rights, powers and duties which have
33 been vested in the Department of State Police and the
34 Director of the Department of State Police by the Narcotic
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1 Control Division Abolition Act.
2 9. To exercise the rights, powers and duties which have
3 been vested in the Department of Public Safety by the
4 Illinois Vehicle Code.
5 10. To exercise the rights, powers and duties which have
6 been vested in the Department of Public Safety by the Firearm
7 Owners Identification Card Act.
8 11. To enforce and administer such other laws in
9 relation to law enforcement as may be vested in the
10 Department.
11 12. To transfer jurisdiction of any realty title to
12 which is held by the State of Illinois under the control of
13 the Department to any other department of the State
14 government or to the State Employees Housing Commission, or
15 to acquire or accept Federal land, when such transfer,
16 acquisition or acceptance is advantageous to the State and is
17 approved in writing by the Governor.
18 13. With the written approval of the Governor, to enter
19 into agreements with other departments created by this Act,
20 for the furlough of inmates of the penitentiary to such other
21 departments for their use in research programs being
22 conducted by them.
23 For the purpose of participating in such research
24 projects, the Department may extend the limits of any
25 inmate's place of confinement, when there is reasonable cause
26 to believe that the inmate will honor his or her trust by
27 authorizing the inmate, under prescribed conditions, to leave
28 the confines of the place unaccompanied by a custodial agent
29 of the Department. The Department shall make rules governing
30 the transfer of the inmate to the requesting other department
31 having the approved research project, and the return of such
32 inmate to the unextended confines of the penitentiary. Such
33 transfer shall be made only with the consent of the inmate.
34 The willful failure of a prisoner to remain within the
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1 extended limits of his or her confinement or to return within
2 the time or manner prescribed to the place of confinement
3 designated by the Department in granting such extension shall
4 be deemed an escape from custody of the Department and
5 punishable as provided in Section 3-6-4 of the Unified Code
6 of Corrections.
7 14. To provide investigative services, with all of the
8 powers possessed by policemen in cities and sheriffs, in and
9 around all race tracks subject to the Horse Racing Act of
10 1975.
11 15. To expend such sums as the Director deems necessary
12 from Contractual Services appropriations for the Division of
13 Criminal Investigation for the purchase of evidence and for
14 the employment of persons to obtain evidence. Such sums shall
15 be advanced to agents authorized by the Director to expend
16 funds, on vouchers signed by the Director.
17 16. To assist victims and witnesses in gang crime
18 prosecutions through the administration of funds appropriated
19 from the Gang Violence Victims and Witnesses Fund to the
20 Department. Such funds shall be appropriated to the
21 Department and shall only be used to assist victims and
22 witnesses in gang crime prosecutions and such assistance may
23 include any of the following:
24 (a) temporary living costs;
25 (b) moving expenses;
26 (c) closing costs on the sale of private residence;
27 (d) first month's rent;
28 (e) security deposits;
29 (f) apartment location assistance;
30 (g) other expenses which the Department considers
31 appropriate; and
32 (h) compensation for any loss of or injury to real
33 or personal property resulting from a gang crime to a
34 maximum of $5,000, subject to the following provisions:
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1 (1) in the case of loss of property, the
2 amount of compensation shall be measured by the
3 replacement cost of similar or like property which
4 has been incurred by and which is substantiated by
5 the property owner,
6 (2) in the case of injury to property, the
7 amount of compensation shall be measured by the cost
8 of repair incurred and which can be substantiated by
9 the property owner,
10 (3) compensation under this provision is a
11 secondary source of compensation and shall be
12 reduced by any amount the property owner receives
13 from any other source as compensation for the loss
14 or injury, including, but not limited to, personal
15 insurance coverage,
16 (4) no compensation may be awarded if the
17 property owner was an offender or an accomplice of
18 the offender, or if the award would unjustly benefit
19 the offender or offenders, or an accomplice of the
20 offender or offenders.
21 No victim or witness may receive such assistance if he or
22 she is not a part of or fails to fully cooperate in the
23 prosecution of gang crime members by law enforcement
24 authorities.
25 The Department shall promulgate any rules necessary for
26 the implementation of this amendatory Act of 1985.
27 17. To conduct arson investigations.
28 18. To develop a separate statewide statistical police
29 contact record keeping system for the study of juvenile
30 delinquency. The records of this police contact system shall
31 be limited to statistical information. No individually
32 identifiable information shall be maintained in the police
33 contact statistical record system.
34 19. To develop a separate statewide central adjudicatory
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1 and dispositional records system for persons under 19 years
2 of age who have been adjudicated delinquent minors and to
3 make information available to local registered participating
4 juvenile police youth officers so that juvenile police youth
5 officers will be able to obtain rapid access to the
6 juvenile's background from other jurisdictions to the end
7 that the juvenile police youth officers can make appropriate
8 dispositions which will best serve the interest of the child
9 and the community. Information maintained in the
10 adjudicatory and dispositional record system shall be limited
11 to the incidents or offenses for which the minor was
12 adjudicated delinquent by a court, and a copy of the court's
13 dispositional order. All individually identifiable records
14 in the adjudicatory and dispositional records system shall be
15 destroyed when the person reaches 19 years of age.
16 20. To develop rules which guarantee the confidentiality
17 of such individually identifiable adjudicatory and
18 dispositional records except when used for the following:
19 (a) by authorized juvenile court personnel or the
20 State's Attorney in connection with proceedings under the
21 Juvenile Court Act of 1987; or
22 (b) inquiries from registered juvenile police youth
23 officers.
24 For the purposes of this Act "juvenile police youth
25 officer" means a member of a duly organized State, county or
26 municipal police force who is assigned by his or her
27 Superintendent, Sheriff or chief of police, as the case may
28 be, to specialize in youth problems.
29 21. To develop administrative rules and administrative
30 hearing procedures which allow a minor, his or her attorney,
31 and his or her parents or guardian access to individually
32 identifiable adjudicatory and dispositional records for the
33 purpose of determining or challenging the accuracy of the
34 records. Final administrative decisions shall be subject to
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1 the provisions of the Administrative Review Law.
2 22. To charge, collect, and receive fees or moneys
3 equivalent to the cost of providing Department of State
4 Police personnel, equipment, and services to local
5 governmental agencies when explicitly requested by a local
6 governmental agency and pursuant to an intergovernmental
7 agreement as provided by this Section, other State agencies,
8 and federal agencies, including but not limited to fees or
9 moneys equivalent to the cost of providing dispatching
10 services, radio and radar repair, and training to local
11 governmental agencies on such terms and conditions as in the
12 judgment of the Director are in the best interest of the
13 State; and to establish, charge, collect and receive fees or
14 moneys based on the cost of providing responses to requests
15 for criminal history record information pursuant to positive
16 identification and any Illinois or federal law authorizing
17 access to some aspect of such information and to prescribe
18 the form and manner for requesting and furnishing such
19 information to the requestor on such terms and conditions as
20 in the judgment of the Director are in the best interest of
21 the State, provided fees for requesting and furnishing
22 criminal history record information may be waived for
23 requests in the due administration of the criminal laws. The
24 Department may also charge, collect and receive fees or
25 moneys equivalent to the cost of providing electronic data
26 processing lines or related telecommunication services to
27 local governments, but only when such services can be
28 provided by the Department at a cost less than that
29 experienced by said local governments through other means.
30 All services provided by the Department shall be conducted
31 pursuant to contracts in accordance with the
32 Intergovernmental Cooperation Act, and all telecommunication
33 services shall be provided pursuant to the provisions of
34 Section 67.18 of this Code.
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1 All fees received by the Department of State Police under
2 this Act or the Illinois Uniform Conviction Information Act
3 shall be deposited in a special fund in the State Treasury to
4 be known as the State Police Services Fund. The money
5 deposited in the State Police Services Fund shall be
6 appropriated to the Department of State Police for expenses
7 of the Department of State Police.
8 In addition to any other permitted use of moneys in the
9 Fund, and notwithstanding any restriction on the use of the
10 Fund, moneys in the State Police Services Fund may be
11 transferred to the General Revenue Fund as authorized by this
12 amendatory Act of 1992. The General Assembly finds that an
13 excess of moneys exists in the Fund. On February 1, 1992,
14 the Comptroller shall order transferred and the Treasurer
15 shall transfer $500,000 (or such lesser amount as may be on
16 deposit in the Fund and unexpended and unobligated on that
17 date) from the Fund to the General Revenue Fund.
18 Upon the completion of any audit of the Department of
19 State Police as prescribed by the Illinois State Auditing
20 Act, which audit includes an audit of the State Police
21 Services Fund, the Department of State Police shall make the
22 audit open to inspection by any interested person.
23 23. To exercise the powers and perform the duties which
24 have been vested in the Department of State Police by the
25 Intergovernmental Missing Child Recovery Act of 1984, and to
26 establish reasonable rules and regulations necessitated
27 thereby.
28 24. (a) To establish and maintain a statewide Law
29 Enforcement Agencies Data System (LEADS) for the purpose of
30 providing electronic access by authorized entities to
31 criminal justice data repositories and effecting an immediate
32 law enforcement response to reports of missing persons,
33 including lost, missing or runaway minors. The Department
34 shall implement an automatic data exchange system to compile,
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1 to maintain and to make available to other law enforcement
2 agencies for immediate dissemination data which can assist
3 appropriate agencies in recovering missing persons and
4 provide access by authorized entities to various data
5 repositories available through LEADS for criminal justice and
6 related purposes. To help assist the Department in this
7 effort, funds may be appropriated from the LEADS Maintenance
8 Fund.
9 (b) In exercising its duties under this subsection, the
10 Department shall:
11 (1) provide a uniform reporting format for the
12 entry of pertinent information regarding the report of a
13 missing person into LEADS;
14 (2) develop and implement a policy whereby a
15 statewide or regional alert would be used in situations
16 relating to the disappearances of individuals, based on
17 criteria and in a format established by the Department.
18 Such a format shall include, but not be limited to, the
19 age of the missing person and the suspected circumstance
20 of the disappearance;
21 (3) notify all law enforcement agencies that
22 reports of missing persons shall be entered as soon as
23 the minimum level of data specified by the Department is
24 available to the reporting agency, and that no waiting
25 period for the entry of such data exists;
26 (4) compile and retain information regarding lost,
27 abducted, missing or runaway minors in a separate data
28 file, in a manner that allows such information to be used
29 by law enforcement and other agencies deemed appropriate
30 by the Director, for investigative purposes. Such
31 information shall include the disposition of all reported
32 lost, abducted, missing or runaway minor cases;
33 (5) compile and maintain an historic data
34 repository relating to lost, abducted, missing or runaway
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1 minors and other missing persons in order to develop and
2 improve techniques utilized by law enforcement agencies
3 when responding to reports of missing persons; and
4 (6) create a quality control program regarding
5 confirmation of missing person data, timeliness of
6 entries of missing person reports into LEADS and
7 performance audits of all entering agencies.
8 25. On request of a school board or regional
9 superintendent of schools, to conduct an inquiry pursuant to
10 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
11 an applicant for employment in a school district has been
12 convicted of any criminal or drug offenses enumerated in
13 Section 10-21.9 or 34-18.5 of the School Code. The
14 Department shall furnish such conviction information to the
15 President of the school board of the school district which
16 has requested the information, or if the information was
17 requested by the regional superintendent to that regional
18 superintendent.
19 26. To promulgate rules and regulations necessary for
20 the administration and enforcement of its powers and duties,
21 wherever granted and imposed, pursuant to the Illinois
22 Administrative Procedure Act.
23 27. To (a) promulgate rules pertaining to the
24 certification, revocation of certification and training of
25 law enforcement officers as electronic criminal surveillance
26 officers, (b) provide training and technical assistance to
27 State's Attorneys and local law enforcement agencies
28 pertaining to the interception of private oral
29 communications, (c) promulgate rules necessary for the
30 administration of Article 108B of the Code of Criminal
31 Procedure of 1963, including but not limited to standards for
32 recording and minimization of electronic criminal
33 surveillance intercepts, documentation required to be
34 maintained during an intercept, procedures in relation to
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1 evidence developed by an intercept, and (d) charge a
2 reasonable fee to each law enforcement agency that sends
3 officers to receive training as electronic criminal
4 surveillance officers.
5 28. Upon the request of any private organization which
6 devotes a major portion of its time to the provision of
7 recreational, social, educational or child safety services to
8 children, to conduct, pursuant to positive identification,
9 criminal background investigations of all of that
10 organization's current employees, current volunteers,
11 prospective employees or prospective volunteers charged with
12 the care and custody of children during the provision of the
13 organization's services, and to report to the requesting
14 organization any record of convictions maintained in the
15 Department's files about such persons. The Department shall
16 charge an application fee, based on actual costs, for the
17 dissemination of conviction information pursuant to this
18 subsection. The Department is empowered to establish this
19 fee and shall prescribe the form and manner for requesting
20 and furnishing conviction information pursuant to this
21 subsection. Information received by the organization from the
22 Department concerning an individual shall be provided to such
23 individual. Any such information obtained by the
24 organization shall be confidential and may not be transmitted
25 outside the organization and may not be transmitted to anyone
26 within the organization except as needed for the purpose of
27 evaluating the individual. Only information and standards
28 which bear a reasonable and rational relation to the
29 performance of child care shall be used by the organization.
30 Any employee of the Department or any member, employee or
31 volunteer of the organization receiving confidential
32 information under this subsection who gives or causes to be
33 given any confidential information concerning any criminal
34 convictions of an individual shall be guilty of a Class A
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1 misdemeanor unless release of such information is authorized
2 by this subsection.
3 29. Upon the request of the Department of Children and
4 Family Services, to investigate reports of child abuse or
5 neglect.
6 30. To obtain registration of a fictitious vital record
7 pursuant to Section 15.1 of the Vital Records Act.
8 31. To collect and disseminate information relating to
9 "hate crimes" as defined under Section 12-7.1 of the Criminal
10 Code of 1961 contingent upon the availability of State or
11 Federal funds to revise and upgrade the Illinois Uniform
12 Crime Reporting System. All law enforcement agencies shall
13 report monthly to the Department of State Police concerning
14 such offenses in such form and in such manner as may be
15 prescribed by rules and regulations adopted by the Department
16 of State Police. Such information shall be compiled by the
17 Department and be disseminated upon request to any local law
18 enforcement agency, unit of local government, or state
19 agency. Dissemination of such information shall be subject
20 to all confidentiality requirements otherwise imposed by law.
21 The Department of State Police shall provide training for
22 State Police officers in identifying, responding to, and
23 reporting all hate crimes. The Illinois Local Governmental
24 Law Enforcement Officer's Training Board shall develop and
25 certify a course of such training to be made available to
26 local law enforcement officers.
27 32. Upon the request of a private carrier company that
28 provides transportation under Section 28b of the Metropolitan
29 Transit Authority Act, to ascertain if an applicant for a
30 driver position has been convicted of any criminal or drug
31 offense enumerated in Section 28b of the Metropolitan Transit
32 Authority Act. The Department shall furnish the conviction
33 information to the private carrier company that requested the
34 information.
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1 33. To apply for grants or contracts, receive, expend,
2 allocate, or disburse funds and moneys made available by
3 public or private entities, including, but not limited to,
4 contracts, bequests, grants, or receiving equipment from
5 corporations, foundations, or public or private institutions
6 of higher learning. All funds received by the Department
7 from these sources shall be deposited into the appropriate
8 fund in the State Treasury to be appropriated to the
9 Department for purposes as indicated by the grantor or
10 contractor or, in the case of funds or moneys bequeathed or
11 granted for no specific purpose, for any purpose as deemed
12 appropriate by the Director in administering the
13 responsibilities of the Department.
14 34. Upon the request of the Department of Children and
15 Family Services, the Department of State Police shall provide
16 properly designated employees of the Department of Children
17 and Family Services with criminal history record information
18 as defined in the Illinois Uniform Conviction Information Act
19 and information maintained in the adjudicatory and
20 dispositional record system as defined in subdivision (A)19
21 of this Section if the Department of Children and Family
22 Services determines the information is necessary to perform
23 its duties under the Abused and Neglected Child Reporting
24 Act, the Child Care Act of 1969, and the Children and Family
25 Services Act. The request shall be in the form and manner
26 specified by the Department of State Police.
27 35. The Illinois Department of Public Aid is an
28 authorized entity under this Section for the purpose of
29 obtaining access to various data repositories available
30 through LEADS, to facilitate the location of individuals for
31 establishing paternity, and establishing, modifying, and
32 enforcing child support obligations, pursuant to the Public
33 Aid Code and Title IV, Section D of the Social Security Act.
34 The Department shall enter into an agreement with the
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1 Illinois Department of Public Aid consistent with these
2 purposes.
3 (B) The Department of State Police may establish and
4 maintain, within the Department of State Police, a Statewide
5 Organized Criminal Gang Database (SWORD) for the purpose of
6 tracking organized criminal gangs and their memberships.
7 Information in the database may include, but not be limited
8 to, the name, last known address, birth date, physical
9 descriptions (such as scars, marks, or tattoos), officer
10 safety information, organized gang affiliation, and entering
11 agency identifier. The Department may develop, in
12 consultation with the Criminal Justice Information Authority,
13 and in a form and manner prescribed by the Department, an
14 automated data exchange system to compile, to maintain, and
15 to make this information electronically available to
16 prosecutors and to other law enforcement agencies. The
17 information may be used by authorized agencies to combat the
18 operations of organized criminal gangs statewide.
19 (C) The Department of State Police may ascertain the
20 number of bilingual police officers and other personnel
21 needed to provide services in a language other than English
22 and may establish, under applicable personnel rules and
23 Department guidelines or through a collective bargaining
24 agreement, a bilingual pay supplement program.
25 35. The Illinois Department of Public Aid is an
26 authorized entity under this Section for the purpose of
27 obtaining access to various data repositories available
28 through LEADS, to facilitate the location of individuals for
29 establishing paternity, and establishing, modifying, and
30 enforcing child support obligations, pursuant to the Public
31 Aid Code and Title IV, Section D of the Social Security Act.
32 The Department shall enter into an agreement with the
33 Illinois Department of Public Aid consistent with these
34 purposes.
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1 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
2 90-130, eff. 1-1-98; revised 9-29-97.)
3 (Text of Section after amendment by P.A. 90-372)
4 Sec. 55a. Powers and duties.
5 (A) The Department of State Police shall have the
6 following powers and duties, and those set forth in Sections
7 55a-1 through 55c:
8 1. To exercise the rights, powers and duties which have
9 been vested in the Department of Public Safety by the State
10 Police Act.
11 2. To exercise the rights, powers and duties which have
12 been vested in the Department of Public Safety by the State
13 Police Radio Act.
14 3. To exercise the rights, powers and duties which have
15 been vested in the Department of Public Safety by the
16 Criminal Identification Act.
17 4. To (a) investigate the origins, activities, personnel
18 and incidents of crime and the ways and means to redress the
19 victims of crimes, and study the impact, if any, of
20 legislation relative to the effusion of crime and growing
21 crime rates, and enforce the criminal laws of this State
22 related thereto, (b) enforce all laws regulating the
23 production, sale, prescribing, manufacturing, administering,
24 transporting, having in possession, dispensing, delivering,
25 distributing, or use of controlled substances and cannabis,
26 (c) employ skilled experts, scientists, technicians,
27 investigators or otherwise specially qualified persons to aid
28 in preventing or detecting crime, apprehending criminals, or
29 preparing and presenting evidence of violations of the
30 criminal laws of the State, (d) cooperate with the police of
31 cities, villages and incorporated towns, and with the police
32 officers of any county, in enforcing the laws of the State
33 and in making arrests and recovering property, (e) apprehend
34 and deliver up any person charged in this State or any other
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1 State of the United States with treason, felony, or other
2 crime, who has fled from justice and is found in this State,
3 and (f) conduct such other investigations as may be provided
4 by law. Persons exercising these powers within the Department
5 are conservators of the peace and as such have all the powers
6 possessed by policemen in cities and sheriffs, except that
7 they may exercise such powers anywhere in the State in
8 cooperation with and after contact with the local law
9 enforcement officials. Such persons may use false or
10 fictitious names in the performance of their duties under
11 this paragraph, upon approval of the Director, and shall not
12 be subject to prosecution under the criminal laws for such
13 use.
14 5. To: (a) be a central repository and custodian of
15 criminal statistics for the State, (b) be a central
16 repository for criminal history record information, (c)
17 procure and file for record such information as is necessary
18 and helpful to plan programs of crime prevention, law
19 enforcement and criminal justice, (d) procure and file for
20 record such copies of fingerprints, as may be required by
21 law, (e) establish general and field crime laboratories, (f)
22 register and file for record such information as may be
23 required by law for the issuance of firearm owner's
24 identification cards, (g) employ polygraph operators,
25 laboratory technicians and other specially qualified persons
26 to aid in the identification of criminal activity, and (h)
27 undertake such other identification, information, laboratory,
28 statistical or registration activities as may be required by
29 law.
30 6. To (a) acquire and operate one or more radio
31 broadcasting stations in the State to be used for police
32 purposes, (b) operate a statewide communications network to
33 gather and disseminate information for law enforcement
34 agencies, (c) operate an electronic data processing and
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1 computer center for the storage and retrieval of data
2 pertaining to criminal activity, and (d) undertake such other
3 communication activities as may be required by law.
4 7. To provide, as may be required by law, assistance to
5 local law enforcement agencies through (a) training,
6 management and consultant services for local law enforcement
7 agencies, and (b) the pursuit of research and the publication
8 of studies pertaining to local law enforcement activities.
9 8. To exercise the rights, powers and duties which have
10 been vested in the Department of State Police and the
11 Director of the Department of State Police by the Narcotic
12 Control Division Abolition Act.
13 9. To exercise the rights, powers and duties which have
14 been vested in the Department of Public Safety by the
15 Illinois Vehicle Code.
16 10. To exercise the rights, powers and duties which have
17 been vested in the Department of Public Safety by the Firearm
18 Owners Identification Card Act.
19 11. To enforce and administer such other laws in
20 relation to law enforcement as may be vested in the
21 Department.
22 12. To transfer jurisdiction of any realty title to
23 which is held by the State of Illinois under the control of
24 the Department to any other department of the State
25 government or to the State Employees Housing Commission, or
26 to acquire or accept Federal land, when such transfer,
27 acquisition or acceptance is advantageous to the State and is
28 approved in writing by the Governor.
29 13. With the written approval of the Governor, to enter
30 into agreements with other departments created by this Act,
31 for the furlough of inmates of the penitentiary to such other
32 departments for their use in research programs being
33 conducted by them.
34 For the purpose of participating in such research
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1 projects, the Department may extend the limits of any
2 inmate's place of confinement, when there is reasonable cause
3 to believe that the inmate will honor his or her trust by
4 authorizing the inmate, under prescribed conditions, to leave
5 the confines of the place unaccompanied by a custodial agent
6 of the Department. The Department shall make rules governing
7 the transfer of the inmate to the requesting other department
8 having the approved research project, and the return of such
9 inmate to the unextended confines of the penitentiary. Such
10 transfer shall be made only with the consent of the inmate.
11 The willful failure of a prisoner to remain within the
12 extended limits of his or her confinement or to return within
13 the time or manner prescribed to the place of confinement
14 designated by the Department in granting such extension shall
15 be deemed an escape from custody of the Department and
16 punishable as provided in Section 3-6-4 of the Unified Code
17 of Corrections.
18 14. To provide investigative services, with all of the
19 powers possessed by policemen in cities and sheriffs, in and
20 around all race tracks subject to the Horse Racing Act of
21 1975.
22 15. To expend such sums as the Director deems necessary
23 from Contractual Services appropriations for the Division of
24 Criminal Investigation for the purchase of evidence and for
25 the employment of persons to obtain evidence. Such sums shall
26 be advanced to agents authorized by the Director to expend
27 funds, on vouchers signed by the Director.
28 16. To assist victims and witnesses in gang crime
29 prosecutions through the administration of funds appropriated
30 from the Gang Violence Victims and Witnesses Fund to the
31 Department. Such funds shall be appropriated to the
32 Department and shall only be used to assist victims and
33 witnesses in gang crime prosecutions and such assistance may
34 include any of the following:
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1 (a) temporary living costs;
2 (b) moving expenses;
3 (c) closing costs on the sale of private residence;
4 (d) first month's rent;
5 (e) security deposits;
6 (f) apartment location assistance;
7 (g) other expenses which the Department considers
8 appropriate; and
9 (h) compensation for any loss of or injury to real
10 or personal property resulting from a gang crime to a
11 maximum of $5,000, subject to the following provisions:
12 (1) in the case of loss of property, the
13 amount of compensation shall be measured by the
14 replacement cost of similar or like property which
15 has been incurred by and which is substantiated by
16 the property owner,
17 (2) in the case of injury to property, the
18 amount of compensation shall be measured by the cost
19 of repair incurred and which can be substantiated by
20 the property owner,
21 (3) compensation under this provision is a
22 secondary source of compensation and shall be
23 reduced by any amount the property owner receives
24 from any other source as compensation for the loss
25 or injury, including, but not limited to, personal
26 insurance coverage,
27 (4) no compensation may be awarded if the
28 property owner was an offender or an accomplice of
29 the offender, or if the award would unjustly benefit
30 the offender or offenders, or an accomplice of the
31 offender or offenders.
32 No victim or witness may receive such assistance if he or
33 she is not a part of or fails to fully cooperate in the
34 prosecution of gang crime members by law enforcement
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1 authorities.
2 The Department shall promulgate any rules necessary for
3 the implementation of this amendatory Act of 1985.
4 17. To conduct arson investigations.
5 18. To develop a separate statewide statistical police
6 contact record keeping system for the study of juvenile
7 delinquency. The records of this police contact system shall
8 be limited to statistical information. No individually
9 identifiable information shall be maintained in the police
10 contact statistical record system.
11 19. To develop a separate statewide central juvenile
12 adjudicatory and dispositional records system for persons
13 arrested prior to the age of 17 under Section 5-401 of the
14 Juvenile Court Act of 1987 or under 19 years of age who have
15 been adjudicated delinquent minors and to make information
16 available to local law enforcement registered participating
17 police youth officers so that law enforcement police youth
18 officers will be able to obtain rapid access to the
19 background of the minor juvenile's background from other
20 jurisdictions to the end that the juvenile police youth
21 officers can make appropriate decisions dispositions which
22 will best serve the interest of the child and the community.
23 The Department shall submit a quarterly report to the General
24 Assembly and Governor which shall contain the number of
25 juvenile records that the Department has received in that
26 quarter, a list, by category, of offenses that minors were
27 arrested for or convicted of by age, race and gender.
28 Information maintained in the adjudicatory and dispositional
29 record system shall be limited to the incidents or offenses
30 for which the minor was adjudicated delinquent by a court,
31 and a copy of the court's dispositional order. All
32 individually identifiable records in the adjudicatory and
33 dispositional records system shall be destroyed when the
34 person reaches 19 years of age.
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1 20. To develop rules which guarantee the confidentiality
2 of such individually identifiable juvenile adjudicatory and
3 dispositional records except to juvenile authorities who
4 request information concerning the minor and who certify in
5 writing that the information will not be disclosed to any
6 other party except as provided under law or order of court.
7 For purposes of this Section, "juvenile authorities" means:
8 (i) a judge of the circuit court and members of the staff of
9 the court designated by the judge; (ii) parties to the
10 proceedings under the Juvenile Court Act of 1987 and their
11 attorneys; (iii) probation officers and court appointed
12 advocates for the juvenile authorized by the judge hearing
13 the case; (iv) any individual, public of private agency
14 having custody of the child pursuant to court order; (v) any
15 individual, public or private agency providing education,
16 medical or mental health service to the child when the
17 requested information is needed to determine the appropriate
18 service or treatment for the minor; (vi) any potential
19 placement provider when such release is authorized by the
20 court for the limited purpose of determining the
21 appropriateness of the potential placement; (vii) law
22 enforcement officers and prosecutors; (viii) adult and
23 juvenile prisoner review boards; (ix) authorized military
24 personnel; (x) individuals authorized by court; (xi) the
25 Illinois General Assembly or any committee or commission
26 thereof. when used for the following:
27 (a) by authorized juvenile court personnel or the
28 State's Attorney in connection with proceedings under the
29 Juvenile Court Act of 1987; or
30 (b) inquiries from registered police youth
31 officers.
32 For the purposes of this Act "police youth officer" means
33 a member of a duly organized State, county or municipal
34 police force who is assigned by his or her Superintendent,
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1 Sheriff or chief of police, as the case may be, to specialize
2 in youth problems.
3 21. To develop administrative rules and administrative
4 hearing procedures which allow a minor, his or her attorney,
5 and his or her parents or guardian access to individually
6 identifiable juvenile adjudicatory and dispositional records
7 for the purpose of determining or challenging the accuracy of
8 the records. Final administrative decisions shall be subject
9 to the provisions of the Administrative Review Law.
10 22. To charge, collect, and receive fees or moneys
11 equivalent to the cost of providing Department of State
12 Police personnel, equipment, and services to local
13 governmental agencies when explicitly requested by a local
14 governmental agency and pursuant to an intergovernmental
15 agreement as provided by this Section, other State agencies,
16 and federal agencies, including but not limited to fees or
17 moneys equivalent to the cost of providing dispatching
18 services, radio and radar repair, and training to local
19 governmental agencies on such terms and conditions as in the
20 judgment of the Director are in the best interest of the
21 State; and to establish, charge, collect and receive fees or
22 moneys based on the cost of providing responses to requests
23 for criminal history record information pursuant to positive
24 identification and any Illinois or federal law authorizing
25 access to some aspect of such information and to prescribe
26 the form and manner for requesting and furnishing such
27 information to the requestor on such terms and conditions as
28 in the judgment of the Director are in the best interest of
29 the State, provided fees for requesting and furnishing
30 criminal history record information may be waived for
31 requests in the due administration of the criminal laws. The
32 Department may also charge, collect and receive fees or
33 moneys equivalent to the cost of providing electronic data
34 processing lines or related telecommunication services to
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1 local governments, but only when such services can be
2 provided by the Department at a cost less than that
3 experienced by said local governments through other means.
4 All services provided by the Department shall be conducted
5 pursuant to contracts in accordance with the
6 Intergovernmental Cooperation Act, and all telecommunication
7 services shall be provided pursuant to the provisions of
8 Section 67.18 of this Code.
9 All fees received by the Department of State Police under
10 this Act or the Illinois Uniform Conviction Information Act
11 shall be deposited in a special fund in the State Treasury to
12 be known as the State Police Services Fund. The money
13 deposited in the State Police Services Fund shall be
14 appropriated to the Department of State Police for expenses
15 of the Department of State Police.
16 Upon the completion of any audit of the Department of
17 State Police as prescribed by the Illinois State Auditing
18 Act, which audit includes an audit of the State Police
19 Services Fund, the Department of State Police shall make the
20 audit open to inspection by any interested person.
21 23. To exercise the powers and perform the duties which
22 have been vested in the Department of State Police by the
23 Intergovernmental Missing Child Recovery Act of 1984, and to
24 establish reasonable rules and regulations necessitated
25 thereby.
26 24. (a) To establish and maintain a statewide Law
27 Enforcement Agencies Data System (LEADS) for the purpose of
28 providing electronic access by authorized entities to
29 criminal justice data repositories and effecting an immediate
30 law enforcement response to reports of missing persons,
31 including lost, missing or runaway minors. The Department
32 shall implement an automatic data exchange system to compile,
33 to maintain and to make available to other law enforcement
34 agencies for immediate dissemination data which can assist
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1 appropriate agencies in recovering missing persons and
2 provide access by authorized entities to various data
3 repositories available through LEADS for criminal justice and
4 related purposes. To help assist the Department in this
5 effort, funds may be appropriated from the LEADS Maintenance
6 Fund.
7 (b) In exercising its duties under this subsection, the
8 Department shall:
9 (1) provide a uniform reporting format for the
10 entry of pertinent information regarding the report of a
11 missing person into LEADS;
12 (2) develop and implement a policy whereby a
13 statewide or regional alert would be used in situations
14 relating to the disappearances of individuals, based on
15 criteria and in a format established by the Department.
16 Such a format shall include, but not be limited to, the
17 age of the missing person and the suspected circumstance
18 of the disappearance;
19 (3) notify all law enforcement agencies that
20 reports of missing persons shall be entered as soon as
21 the minimum level of data specified by the Department is
22 available to the reporting agency, and that no waiting
23 period for the entry of such data exists;
24 (4) compile and retain information regarding lost,
25 abducted, missing or runaway minors in a separate data
26 file, in a manner that allows such information to be used
27 by law enforcement and other agencies deemed appropriate
28 by the Director, for investigative purposes. Such
29 information shall include the disposition of all reported
30 lost, abducted, missing or runaway minor cases;
31 (5) compile and maintain an historic data
32 repository relating to lost, abducted, missing or runaway
33 minors and other missing persons in order to develop and
34 improve techniques utilized by law enforcement agencies
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1 when responding to reports of missing persons; and
2 (6) create a quality control program regarding
3 confirmation of missing person data, timeliness of
4 entries of missing person reports into LEADS and
5 performance audits of all entering agencies.
6 25. On request of a school board or regional
7 superintendent of schools, to conduct an inquiry pursuant to
8 Section 10-21.9 or 34-18.5 of the School Code to ascertain if
9 an applicant for employment in a school district has been
10 convicted of any criminal or drug offenses enumerated in
11 Section 10-21.9 or 34-18.5 of the School Code. The
12 Department shall furnish such conviction information to the
13 President of the school board of the school district which
14 has requested the information, or if the information was
15 requested by the regional superintendent to that regional
16 superintendent.
17 26. To promulgate rules and regulations necessary for
18 the administration and enforcement of its powers and duties,
19 wherever granted and imposed, pursuant to the Illinois
20 Administrative Procedure Act.
21 27. To (a) promulgate rules pertaining to the
22 certification, revocation of certification and training of
23 law enforcement officers as electronic criminal surveillance
24 officers, (b) provide training and technical assistance to
25 State's Attorneys and local law enforcement agencies
26 pertaining to the interception of private oral
27 communications, (c) promulgate rules necessary for the
28 administration of Article 108B of the Code of Criminal
29 Procedure of 1963, including but not limited to standards for
30 recording and minimization of electronic criminal
31 surveillance intercepts, documentation required to be
32 maintained during an intercept, procedures in relation to
33 evidence developed by an intercept, and (d) charge a
34 reasonable fee to each law enforcement agency that sends
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1 officers to receive training as electronic criminal
2 surveillance officers.
3 28. Upon the request of any private organization which
4 devotes a major portion of its time to the provision of
5 recreational, social, educational or child safety services to
6 children, to conduct, pursuant to positive identification,
7 criminal background investigations of all of that
8 organization's current employees, current volunteers,
9 prospective employees or prospective volunteers charged with
10 the care and custody of children during the provision of the
11 organization's services, and to report to the requesting
12 organization any record of convictions maintained in the
13 Department's files about such persons. The Department shall
14 charge an application fee, based on actual costs, for the
15 dissemination of conviction information pursuant to this
16 subsection. The Department is empowered to establish this
17 fee and shall prescribe the form and manner for requesting
18 and furnishing conviction information pursuant to this
19 subsection. Information received by the organization from the
20 Department concerning an individual shall be provided to such
21 individual. Any such information obtained by the
22 organization shall be confidential and may not be transmitted
23 outside the organization and may not be transmitted to anyone
24 within the organization except as needed for the purpose of
25 evaluating the individual. Only information and standards
26 which bear a reasonable and rational relation to the
27 performance of child care shall be used by the organization.
28 Any employee of the Department or any member, employee or
29 volunteer of the organization receiving confidential
30 information under this subsection who gives or causes to be
31 given any confidential information concerning any criminal
32 convictions of an individual shall be guilty of a Class A
33 misdemeanor unless release of such information is authorized
34 by this subsection.
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1 29. Upon the request of the Department of Children and
2 Family Services, to investigate reports of child abuse or
3 neglect.
4 30. To obtain registration of a fictitious vital record
5 pursuant to Section 15.1 of the Vital Records Act.
6 31. To collect and disseminate information relating to
7 "hate crimes" as defined under Section 12-7.1 of the Criminal
8 Code of 1961 contingent upon the availability of State or
9 Federal funds to revise and upgrade the Illinois Uniform
10 Crime Reporting System. All law enforcement agencies shall
11 report monthly to the Department of State Police concerning
12 such offenses in such form and in such manner as may be
13 prescribed by rules and regulations adopted by the Department
14 of State Police. Such information shall be compiled by the
15 Department and be disseminated upon request to any local law
16 enforcement agency, unit of local government, or state
17 agency. Dissemination of such information shall be subject
18 to all confidentiality requirements otherwise imposed by law.
19 The Department of State Police shall provide training for
20 State Police officers in identifying, responding to, and
21 reporting all hate crimes. The Illinois Local Governmental
22 Law Enforcement Officer's Training Standards Board shall
23 develop and certify a course of such training to be made
24 available to local law enforcement officers.
25 32. Upon the request of a private carrier company that
26 provides transportation under Section 28b of the Metropolitan
27 Transit Authority Act, to ascertain if an applicant for a
28 driver position has been convicted of any criminal or drug
29 offense enumerated in Section 28b of the Metropolitan Transit
30 Authority Act. The Department shall furnish the conviction
31 information to the private carrier company that requested the
32 information.
33 33. To apply for grants or contracts, receive, expend,
34 allocate, or disburse funds and moneys made available by
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1 public or private entities, including, but not limited to,
2 contracts, bequests, grants, or receiving equipment from
3 corporations, foundations, or public or private institutions
4 of higher learning. All funds received by the Department
5 from these sources shall be deposited into the appropriate
6 fund in the State Treasury to be appropriated to the
7 Department for purposes as indicated by the grantor or
8 contractor or, in the case of funds or moneys bequeathed or
9 granted for no specific purpose, for any purpose as deemed
10 appropriate by the Director in administering the
11 responsibilities of the Department.
12 34. Upon the request of the Department of Children and
13 Family Services, the Department of State Police shall provide
14 properly designated employees of the Department of Children
15 and Family Services with criminal history record information
16 as defined in the Illinois Uniform Conviction Information Act
17 and information maintained in the Statewide Central Juvenile
18 adjudicatory and dispositional record system as defined in
19 subdivision (A)19 of this Section if the Department of
20 Children and Family Services determines the information is
21 necessary to perform its duties under the Abused and
22 Neglected Child Reporting Act, the Child Care Act of 1969,
23 and the Children and Family Services Act. The request shall
24 be in the form and manner specified by the Department of
25 State Police.
26 35. The Illinois Department of Public Aid is an
27 authorized entity under this Section for the purpose of
28 obtaining access to various data repositories available
29 through LEADS, to facilitate the location of individuals for
30 establishing paternity, and establishing, modifying, and
31 enforcing child support obligations, pursuant to the Public
32 Aid Code and Title IV, Section D of the Social Security Act.
33 The Department shall enter into an agreement with the
34 Illinois Department of Public Aid consistent with these
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1 purposes.
2 (B) The Department of State Police may establish and
3 maintain, within the Department of State Police, a Statewide
4 Organized Criminal Gang Database (SWORD) for the purpose of
5 tracking organized criminal gangs and their memberships.
6 Information in the database may include, but not be limited
7 to, the name, last known address, birth date, physical
8 descriptions (such as scars, marks, or tattoos), officer
9 safety information, organized gang affiliation, and entering
10 agency identifier. The Department may develop, in
11 consultation with the Criminal Justice Information Authority,
12 and in a form and manner prescribed by the Department, an
13 automated data exchange system to compile, to maintain, and
14 to make this information electronically available to
15 prosecutors and to other law enforcement agencies. The
16 information may be used by authorized agencies to combat the
17 operations of organized criminal gangs statewide.
18 (C) The Department of State Police may ascertain the
19 number of bilingual police officers and other personnel
20 needed to provide services in a language other than English
21 and may establish, under applicable personnel rules and
22 Department guidelines or through a collective bargaining
23 agreement, a bilingual pay supplement program.
24 35. The Illinois Department of Public Aid is an
25 authorized entity under this Section for the purpose of
26 obtaining access to various data repositories available
27 through LEADS, to facilitate the location of individuals for
28 establishing paternity, and establishing, modifying, and
29 enforcing child support obligations, pursuant to the Public
30 Aid Code and Title IV, Section D of the Social Security Act.
31 The Department shall enter into an agreement with the
32 Illinois Department of Public Aid consistent with these
33 purposes.
34 (Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
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1 90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 9-29-97.)
2 Section 1001-15. The Criminal Identification Act is
3 amended by changing Sections 2.1 and 5 as follows:
4 (20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
5 Sec. 2.1. For the purpose of maintaining complete and
6 accurate criminal records of the Department of State Police,
7 it is necessary for all policing bodies of this State, the
8 clerk of the circuit court, the Illinois Department of
9 Corrections, the sheriff of each county, and State's Attorney
10 of each county to submit certain criminal arrest, charge, and
11 disposition information to the Department for filing at the
12 earliest time possible. Unless otherwise noted herein, it
13 shall be the duty of all policing bodies of this State, the
14 clerk of the circuit court, the Illinois Department of
15 Corrections, the sheriff of each county, and the State's
16 Attorney of each county to report such information as
17 provided in this Section, both in the form and manner
18 required by the Department and within 30 days of the criminal
19 history event. Specifically:
20 (a) Arrest Information. All agencies making arrests for
21 offenses which are required by statute to be collected,
22 maintained or disseminated by the Department of State Police
23 shall be responsible for furnishing daily to the Department
24 fingerprints, charges and descriptions of all persons who are
25 arrested for such offenses. All such agencies shall also
26 notify the Department of all decisions by the arresting
27 agency not to refer such arrests for prosecution. With
28 approval of the Department, an agency making such arrests may
29 enter into arrangements with other agencies for the purpose
30 of furnishing daily such fingerprints, charges and
31 descriptions to the Department upon its behalf.
32 (b) Charge Information. The State's Attorney of each
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1 county shall notify the Department of all charges filed and
2 all petitions filed alleging that a minor is delinquent,
3 including all those added subsequent to the filing of a case,
4 and whether charges were not filed in cases for which the
5 Department has received information required to be reported
6 pursuant to paragraph (a) of this Section. With approval of
7 the Department, the State's Attorney may enter into
8 arrangements with other agencies for the purpose of
9 furnishing the information required by this subsection (b) to
10 the Department upon the State's Attorney's behalf.
11 (c) Disposition Information. The clerk of the circuit
12 court of each county shall furnish the Department, in the
13 form and manner required by the Supreme Court, with all final
14 dispositions of cases for which the Department has received
15 information required to be reported pursuant to paragraph
16 paragraphs (a) or (d) of this Section. Such information shall
17 include, for each charge, all (1) judgments of not guilty,
18 judgments of guilty including the sentence pronounced by the
19 court, findings that a minor is delinquent and any sentence
20 made based on those findings, discharges and dismissals in
21 the court; (2) reviewing court orders filed with the clerk of
22 the circuit court which reverse or remand a reported
23 conviction or findings that a minor is delinquent or that
24 vacate or modify a sentence or sentence made following a
25 trial that a minor is delinquent; (3) continuances to a date
26 certain in furtherance of an order of supervision granted
27 under Section 5-6-1 of the Unified Code of Corrections or an
28 order of probation granted under Section 10 of the Cannabis
29 Control Act, Section 410 of the Illinois Controlled
30 Substances Act, Section 12-4.3 of the Criminal Code of 1961,
31 Section 10-102 of the Illinois Alcoholism and Other Drug
32 Dependency Act, Section 40-10 of the Alcoholism and Other
33 Drug Abuse and Dependency Act, or Section 10 of the Steroid
34 Control Act, or Section 5-615 of the Juvenile Court Act of
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1 1987; and (4) judgments or court orders terminating or
2 revoking a sentence to or juvenile disposition of probation,
3 supervision or conditional discharge and any resentencing or
4 new court orders entered by a juvenile court relating to the
5 disposition of a minor's case involving delinquency after
6 such revocation.
7 (d) Fingerprints After Sentencing.
8 (1) After the court pronounces sentence, sentences a
9 minor following a trial in which a minor was found to be
10 delinquent or issues an order of supervision or an order
11 of probation granted under Section 10 of the Cannabis
12 Control Act, Section 410 of the Illinois Controlled
13 Substances Act, Section 12-4.3 of the Criminal Code of
14 1961, Section 10-102 of the Illinois Alcoholism and Other
15 Drug Dependency Act, Section 40-10 of the Alcoholism and
16 Other Drug Abuse and Dependency Act, or Section 10 of the
17 Steroid Control Act, or Section 5-615 of the Juvenile
18 Court Act of 1987 for any offense which is required by
19 statute to be collected, maintained, or disseminated by
20 the Department of State Police, the State's Attorney of
21 each county shall ask the court to order a law
22 enforcement agency to fingerprint immediately all persons
23 appearing before the court who have not previously been
24 fingerprinted for the same case. The court shall so order
25 the requested fingerprinting, if it determines that any
26 such person has not previously been fingerprinted for the
27 same case. The law enforcement agency shall submit such
28 fingerprints to the Department daily.
29 (2) After the court pronounces sentence or makes a
30 disposition of a case following a finding of delinquency
31 for any offense which is not required by statute to be
32 collected, maintained, or disseminated by the Department
33 of State Police, the prosecuting attorney may ask the
34 court to order a law enforcement agency to fingerprint
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1 immediately all persons appearing before the court who
2 have not previously been fingerprinted for the same case.
3 The court may so order the requested fingerprinting, if
4 it determines that any so sentenced person has not
5 previously been fingerprinted for the same case. The law
6 enforcement agency may retain such fingerprints in its
7 files.
8 (e) Corrections Information. The Illinois Department of
9 Corrections and the sheriff of each county shall furnish the
10 Department with all information concerning the receipt,
11 escape, execution, death, release, pardon, parole,
12 commutation of sentence, granting of executive clemency or
13 discharge of an individual who has been sentenced or
14 committed to the agency's custody for any offenses which are
15 mandated by statute to be collected, maintained or
16 disseminated by the Department of State Police. For an
17 individual who has been charged with any such offense and who
18 escapes from custody or dies while in custody, all
19 information concerning the receipt and escape or death,
20 whichever is appropriate, shall also be so furnished to the
21 Department.
22 (Source: P.A. 88-538; 88-670, eff. 12-2-94.)
23 (20 ILCS 2630/5) (from Ch. 38, par. 206-5)
24 Sec. 5. Arrest reports; expungement.
25 (a) All policing bodies of this State shall furnish to
26 the Department, daily, in the form and detail the Department
27 requires, fingerprints and descriptions of all persons who
28 are arrested on charges of violating any penal statute of
29 this State for offenses that are classified as felonies and
30 Class A or B misdemeanors and of all minors of the age of 10
31 and over who have been arrested for an offense which would be
32 a felony if committed by an adult, and may forward such
33 fingerprints and descriptions for minors arrested for Class A
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1 or B misdemeanors. or taken into custody before their 17th
2 birthday for an offense that if committed by an adult would
3 constitute the offense of unlawful use of weapons under
4 Article 24 of the Criminal Code of 1961, a forcible felony as
5 defined in Section 2-8 of the Criminal Code of 1961, or a
6 Class 2 or greater felony under the Cannabis Control Act, the
7 Illinois Controlled Substances Act, or Chapter 4 of the
8 Illinois Vehicle Code. Moving or nonmoving traffic
9 violations under the Illinois Vehicle Code shall not be
10 reported except for violations of Chapter 4, Section
11 11-204.1, or Section 11-501 of that Code. In addition,
12 conservation offenses, as defined in the Supreme Court Rule
13 501(c), that are classified as Class B misdemeanors shall not
14 be reported.
15 Whenever an adult or minor prosecuted as an adult, not
16 having previously been convicted of any criminal offense or
17 municipal ordinance violation, charged with a violation of a
18 municipal ordinance or a felony or misdemeanor, is acquitted
19 or released without being convicted, whether the acquittal or
20 release occurred before, on, or after the effective date of
21 this amendatory Act of 1991, the Chief Judge of the circuit
22 wherein the charge was brought, any judge of that circuit
23 designated by the Chief Judge, or in counties of less than
24 3,000,000 inhabitants, the presiding trial judge at the
25 defendant's trial may upon verified petition of the defendant
26 order the record of arrest expunged from the official records
27 of the arresting authority and the Department and order that
28 the records of the clerk of the circuit court be sealed until
29 further order of the court upon good cause shown and the name
30 of the defendant obliterated on the official index required
31 to be kept by the circuit court clerk under Section 16 of the
32 Clerks of Courts Act, but the order shall not affect any
33 index issued by the circuit court clerk before the entry of
34 the order. The Department may charge the petitioner a fee
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1 equivalent to the cost of processing any order to expunge or
2 seal the records, and the fee shall be deposited into the
3 State Police Services Fund. The records of those arrests,
4 however, that result in a disposition of supervision for any
5 offense shall not be expunged from the records of the
6 arresting authority or the Department nor impounded by the
7 court until 2 years after discharge and dismissal of
8 supervision. Those records that result from a supervision
9 for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
10 11-503 of the Illinois Vehicle Code or a similar provision of
11 a local ordinance, or for a violation of Section 12-3.2,
12 12-15 or 16A-3 of the Criminal Code of 1961, or probation
13 under Section 10 of the Cannabis Control Act, Section 410 of
14 the Illinois Controlled Substances Act, Section 12-4.3 b(1)
15 and (2) of the Criminal Code of 1961, Section 10-102 of the
16 Illinois Alcoholism and Other Drug Dependency Act when the
17 judgment of conviction has been vacated, Section 40-10 of the
18 Alcoholism and Other Drug Abuse and Dependency Act when the
19 judgment of conviction has been vacated, or Section 10 of the
20 Steroid Control Act shall not be expunged from the records of
21 the arresting authority nor impounded by the court until 5
22 years after termination of probation or supervision. Those
23 records that result from a supervision for a violation of
24 Section 11-501 of the Illinois Vehicle Code or a similar
25 provision of a local ordinance, shall not be expunged. All
26 records set out above may be ordered by the court to be
27 expunged from the records of the arresting authority and
28 impounded by the court after 5 years, but shall not be
29 expunged by the Department, but shall, on court order be
30 sealed by the Department and may be disseminated by the
31 Department only as required by law or to the arresting
32 authority, the State's Attorney, and the court upon a later
33 arrest for the same or a similar offense or for the purpose
34 of sentencing for any subsequent felony. Upon conviction for
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1 any offense, the Department of Corrections shall have access
2 to all sealed records of the Department pertaining to that
3 individual.
4 (a-5) Those records maintained by the Department for
5 persons arrested prior to their 17th birthday shall be
6 expunged as provided in Section 5-915 of the Juvenile Court
7 Act of 1987.
8 (b) Whenever a person has been convicted of a crime or
9 of the violation of a municipal ordinance, in the name of a
10 person whose identity he has stolen or otherwise come into
11 possession of, the aggrieved person from whom the identity
12 was stolen or otherwise obtained without authorization, upon
13 learning of the person having been arrested using his
14 identity, may, upon verified petition to the chief judge of
15 the circuit wherein the arrest was made, have a court order
16 entered nunc pro tunc by the chief judge to correct the
17 arrest record, conviction record, if any, and all official
18 records of the arresting authority, the Department, other
19 criminal justice agencies, the prosecutor, and the trial
20 court concerning such arrest, if any, by removing his name
21 from all such records in connection with the arrest and
22 conviction, if any, and by inserting in the records the name
23 of the offender, if known or ascertainable, in lieu of the
24 has name. The records of the clerk of the circuit court
25 clerk shall be sealed until further order of the court upon
26 good cause shown and the name of the aggrieved person
27 obliterated on the official index required to be kept by the
28 circuit court clerk under Section 16 of the Clerks of Courts
29 Act, but the order shall not affect any index issued by the
30 circuit court clerk before the entry of the order. Nothing in
31 this Section shall limit the Department of State Police or
32 other criminal justice agencies or prosecutors from listing
33 under an offender's name the false names he or she has used.
34 For purposes of this Section, convictions for moving and
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1 nonmoving traffic violations other than convictions for
2 violations of Chapter 4, Section 11-204.1 or Section 11-501
3 of the Illinois Vehicle Code shall not be a bar to expunging
4 the record of arrest and court records for violation of a
5 misdemeanor or municipal ordinance.
6 (c) Whenever a person who has been convicted of an
7 offense is granted a pardon by the Governor which
8 specifically authorizes expungement, he may, upon verified
9 petition to the chief judge of the circuit where the person
10 had been convicted, any judge of the circuit designated by
11 the Chief Judge, or in counties of less than 3,000,000
12 inhabitants, the presiding trial judge at the defendant's
13 trial, may have a court order entered expunging the record of
14 arrest from the official records of the arresting authority
15 and order that the records of the clerk of the circuit court
16 and the Department be sealed until further order of the court
17 upon good cause shown or as otherwise provided herein, and
18 the name of the defendant obliterated from the official index
19 requested to be kept by the circuit court clerk under Section
20 16 of the Clerks of Courts Act in connection with the arrest
21 and conviction for the offense for which he had been pardoned
22 but the order shall not affect any index issued by the
23 circuit court clerk before the entry of the order. All
24 records sealed by the Department may be disseminated by the
25 Department only as required by law or to the arresting
26 authority, the States Attorney, and the court upon a later
27 arrest for the same or similar offense or for the purpose of
28 sentencing for any subsequent felony. Upon conviction for
29 any subsequent offense, the Department of Corrections shall
30 have access to all sealed records of the Department
31 pertaining to that individual. Upon entry of the order of
32 expungement, the clerk of the circuit court shall promptly
33 mail a copy of the order to the person who was pardoned.
34 (d) Notice of the petition for subsections (a), (b), and
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1 (c) shall be served upon the State's Attorney or prosecutor
2 charged with the duty of prosecuting the offense, the
3 Department of State Police, the arresting agency and the
4 chief legal officer of the unit of local government affecting
5 the arrest. Unless the State's Attorney or prosecutor, the
6 Department of State Police, the arresting agency or such
7 chief legal officer objects to the petition within 30 days
8 from the date of the notice, the court shall enter an order
9 granting or denying the petition. The clerk of the court
10 shall promptly mail a copy of the order to the person, the
11 arresting agency, the prosecutor, the Department of State
12 Police and such other criminal justice agencies as may be
13 ordered by the judge.
14 (e) Nothing herein shall prevent the Department of State
15 Police from maintaining all records of any person who is
16 admitted to probation upon terms and conditions and who
17 fulfills those terms and conditions pursuant to Section 10 of
18 the Cannabis Control Act, Section 410 of the Illinois
19 Controlled Substances Act, Section 12-4.3 of the Criminal
20 Code of 1961, Section 10-102 of the Illinois Alcoholism and
21 Other Drug Dependency Act, Section 40-10 of the Alcoholism
22 and Other Drug Abuse and Dependency Act, or Section 10 of the
23 Steroid Control Act.
24 (f) No court order issued pursuant to the expungement
25 provisions of this Section shall become final for purposes of
26 appeal until 30 days after notice is received by the
27 Department. Any court order contrary to the provisions of
28 this Section is void.
29 (g) The court shall not order the sealing or expungement
30 of the arrest records and records of the circuit court clerk
31 of any person granted supervision for or convicted of any
32 sexual offense committed against a minor under 18 years of
33 age. For the purposes of this Section, "sexual offense
34 committed against a minor" includes but is not limited to the
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1 offenses of indecent solicitation of a child or criminal
2 sexual abuse when the victim of such offense is under 18
3 years of age.
4 (Source: P.A. 88-45; 88-77; 88-670, eff. 12-2-94; 88-679,
5 eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.)
6 Section 1001-16. The School Code is amended by changing
7 Section 34-2.1 as follows:
8 (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
9 Sec. 34-2.1. Local School Councils - Composition -
10 Voter-Eligibility - Elections - Terms.
11 (a) A local school council shall be established for each
12 attendance center within the school district. Each local
13 school council shall consist of the following 11 voting
14 members: the principal of the attendance center, 2 teachers
15 employed and assigned to perform the majority of their
16 employment duties at the attendance center, 6 parents of
17 students currently enrolled at the attendance center and 2
18 community residents. Neither the parents nor the community
19 residents who serve as members of the local school council
20 shall be employees of the Board of Education. In each
21 secondary attendance center, the local school council shall
22 consist of 12 voting members -- the 11 voting members
23 described above and one full-time student member, appointed
24 as provided in subsection (m) below. In the event that the
25 chief executive officer of the Chicago School Reform Board of
26 Trustees determines that a local school council is not
27 carrying out its financial duties effectively, the chief
28 executive officer is authorized to appoint a representative
29 of the business community with experience in finance and
30 management to serve as an advisor to the local school
31 council for the purpose of providing advice and assistance to
32 the local school council on fiscal matters. The advisor
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1 shall have access to relevant financial records of the local
2 school council. The advisor may attend executive sessions.
3 The chief executive officer shall issue a written policy
4 defining the circumstances under which a local school council
5 is not carrying out its financial duties effectively.
6 (b) Within 7 days of January 11, 1991, the Mayor shall
7 appoint the members and officers (a Chairperson who shall be
8 a parent member and a Secretary) of each local school council
9 who shall hold their offices until their successors shall be
10 elected and qualified. Members so appointed shall have all
11 the powers and duties of local school councils as set forth
12 in this amendatory Act of 1991. The Mayor's appointments
13 shall not require approval by the City Council.
14 The membership of each local school council shall be
15 encouraged to be reflective of the racial and ethnic
16 composition of the student population of the attendance
17 center served by the local school council.
18 (c) Beginning with the 1995-1996 school year and in
19 every even-numbered year thereafter, the Board shall set
20 second semester Parent Report Card Pick-up Day for Local
21 School Council elections and may schedule elections at
22 year-round schools for the same dates as the remainder of the
23 school system. Elections shall be conducted as provided
24 herein by the Board of Education in consultation with the
25 local school council at each attendance center.
26 (d) Beginning with the 1995-96 school year, the
27 following procedures shall apply to the election of local
28 school council members at each attendance center:
29 (i) The elected members of each local school
30 council shall consist of the 6 parent members and the 2
31 community resident members.
32 (ii) Each elected member shall be elected by the
33 eligible voters of that attendance center to serve for a
34 two-year term commencing on July 1 immediately following
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1 the election described in subsection (c). Eligible
2 voters for each attendance center shall consist of the
3 parents and community residents for that attendance
4 center.
5 (iii) Each eligible voter shall be entitled to cast
6 one vote for up to a total of 5 candidates, irrespective
7 of whether such candidates are parent or community
8 resident candidates.
9 (iv) Each parent voter shall be entitled to vote in
10 the local school council election at each attendance
11 center in which he or she has a child currently enrolled.
12 Each community resident voter shall be entitled to vote
13 in the local school council election at each attendance
14 center for which he or she resides in the applicable
15 attendance area or voting district, as the case may be.
16 (v) Each eligible voter shall be entitled to vote
17 once, but not more than once, in the local school council
18 election at each attendance center at which the voter is
19 eligible to vote.
20 (vi) The 2 teacher members of each local school
21 council shall be appointed as provided in subsection (l)
22 below each to serve for a two-year term coinciding with
23 that of the elected parent and community resident
24 members.
25 (vii) At secondary attendance centers, the voting
26 student member shall be appointed as provided in
27 subsection (m) below to serve for a one-year term
28 coinciding with the beginning of the terms of the elected
29 parent and community members of the local school council.
30 (e) The Council shall publicize the date and place of
31 the election by posting notices at the attendance center, in
32 public places within the attendance boundaries of the
33 attendance center and by distributing notices to the pupils
34 at the attendance center, and shall utilize such other means
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1 as it deems necessary to maximize the involvement of all
2 eligible voters.
3 (f) Nomination. The Council shall publicize the opening
4 of nominations by posting notices at the attendance center,
5 in public places within the attendance boundaries of the
6 attendance center and by distributing notices to the pupils
7 at the attendance center, and shall utilize such other means
8 as it deems necessary to maximize the involvement of all
9 eligible voters. Not less than 2 weeks before the election
10 date, persons eligible to run for the Council shall submit
11 their name and some evidence of eligibility to the Council.
12 The Council shall encourage nomination of candidates
13 reflecting the racial/ethnic population of the students at
14 the attendance center. Each person nominated who runs as a
15 candidate shall disclose, in a manner determined by the
16 Board, any economic interest held by such person, by such
17 person's spouse or children, or by each business entity in
18 which such person has an ownership interest, in any contract
19 with the Board, any local school council or any public school
20 in the school district. Each person nominated who runs as a
21 candidate shall also disclose, in a manner determined by the
22 Board, if he or she ever has been convicted of any of the
23 offenses specified in subsection (c) of Section 34-18.5;
24 provided that neither this provision nor any other provision
25 of this Section shall be deemed to require the disclosure of
26 any information that is contained in any law enforcement
27 record or juvenile court record that is confidential or whose
28 accessibility or disclosure is restricted or prohibited under
29 Section 5-901 1-7 or 5-905 1-8 of the Juvenile Court Act of
30 1987. Failure to make such disclosure shall render a person
31 ineligible for election to the local school council. The
32 same disclosure shall be required of persons under
33 consideration for appointment to the Council pursuant to
34 subsections (l) and (m) of this Section.
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1 (g) At least one week before the election date, the
2 Council shall publicize, in the manner provided in subsection
3 (e), the names of persons nominated for election.
4 (h) Voting shall be in person by secret ballot at the
5 attendance center between the hours of 6:00 a.m. and 7:00
6 p.m.
7 (i) Candidates receiving the highest number of votes
8 shall be declared elected by the Council. In cases of a tie,
9 the Council shall determine the winner by lot.
10 (j) The Council shall certify the results of the
11 election and shall publish the results in the minutes of the
12 Council.
13 (k) The general superintendent shall resolve any
14 disputes concerning election procedure or results and shall
15 ensure that, except as provided in subsections (e) and (g),
16 no resources of any attendance center shall be used to
17 endorse or promote any candidate.
18 (l) Beginning with the 1995-1996 school year and in
19 every even numbered year thereafter, the Board shall appoint
20 2 teacher members to each local school council. These
21 appointments shall be made in the following manner:
22 (i) The Board shall appoint 2 teachers who are
23 employed and assigned to perform the majority of their
24 employment duties at the attendance center to serve on
25 the local school council of the attendance center for a
26 two-year term coinciding with the terms of the elected
27 parent and community members of that local school
28 council. These appointments shall be made from among
29 those teachers who are nominated in accordance with
30 subsection (f).
31 (ii) A non-binding, advisory poll to ascertain the
32 preferences of the school staff regarding appointments of
33 teachers to the local school council for that attendance
34 center shall be conducted in accordance with the
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1 procedures used to elect parent and community Council
2 representatives. At such poll, each member of the school
3 staff shall be entitled to indicate his or her preference
4 for up to 2 candidates from among those who submitted
5 statements of candidacy as described above. These
6 preferences shall be advisory only and the Board shall
7 maintain absolute discretion to appoint teacher members
8 to local school councils, irrespective of the preferences
9 expressed in any such poll.
10 (m) Beginning with the 1995-1996 school year, and in
11 every year thereafter, the Board shall appoint one student
12 member to each secondary attendance center. These
13 appointments shall be made in the following manner:
14 (i) Appointments shall be made from among those
15 students who submit statements of candidacy to the
16 principal of the attendance center, such statements to be
17 submitted commencing on the first day of the twentieth
18 week of school and continuing for 2 weeks thereafter.
19 The form and manner of such candidacy statements shall be
20 determined by the Board.
21 (ii) During the twenty-second week of school in
22 every year, the principal of each attendance center shall
23 conduct a non-binding, advisory poll to ascertain the
24 preferences of the school students regarding the
25 appointment of a student to the local school council for
26 that attendance center. At such poll, each student shall
27 be entitled to indicate his or her preference for up to
28 one candidate from among those who submitted statements
29 of candidacy as described above. The Board shall
30 promulgate rules to ensure that these non-binding,
31 advisory polls are conducted in a fair and equitable
32 manner and maximize the involvement of all school
33 students. The preferences expressed in these
34 non-binding, advisory polls shall be transmitted by the
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1 principal to the Board. However, these preferences shall
2 be advisory only and the Board shall maintain absolute
3 discretion to appoint student members to local school
4 councils, irrespective of the preferences expressed in
5 any such poll.
6 (iii) For the 1995-96 school year only,
7 appointments shall be made from among those students who
8 submitted statements of candidacy to the principal of the
9 attendance center during the first 2 weeks of the school
10 year. The principal shall communicate the results of any
11 nonbinding, advisory poll to the Board. These results
12 shall be advisory only, and the Board shall maintain
13 absolute discretion to appoint student members to local
14 school councils, irrespective of the preferences
15 expressed in any such poll.
16 (n) The Board may promulgate such other rules and
17 regulations for election procedures as may be deemed
18 necessary to ensure fair elections.
19 (o) In the event that a vacancy occurs during a member's
20 term, the Council shall appoint a person eligible to serve on
21 the Council, to fill the unexpired term created by the
22 vacancy, except that any teacher vacancy shall be filled by
23 the Board after considering the preferences of the school
24 staff as ascertained through a non-binding advisory poll of
25 school staff.
26 (p) If less than the specified number of persons is
27 elected within each candidate category, the newly elected
28 local school council shall appoint eligible persons to serve
29 as members of the Council for two-year terms.
30 (q) The Board shall promulgate rules regarding conflicts
31 of interest and disclosure of economic interests which shall
32 apply to local school council members and which shall require
33 reports or statements to be filed by Council members at
34 regular intervals with the Secretary of the Board. Failure
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1 to comply with such rules or intentionally falsifying such
2 reports shall be grounds for disqualification from local
3 school council membership. A vacancy on the Council for
4 disqualification may be so declared by the Secretary of the
5 Board. Rules regarding conflicts of interest and disclosure
6 of economic interests promulgated by the Board shall apply to
7 local school council members in addition to the requirements
8 of the Illinois Governmental Ethics Act applicable to local
9 school council members.
10 (r) If a parent member of a Local School Council ceases
11 to have any child enrolled in the attendance center governed
12 by the Local School Council due to the graduation or
13 voluntary transfer of a child or children from the attendance
14 center, the parent's membership on the Local School Council
15 and all voting rights are terminated immediately as of the
16 date of the child's graduation or voluntary transfer.
17 Further, a local school council member may be removed from
18 the Council by a majority vote of the Council as provided in
19 subsection (c) of Section 34-2.2 if the Council member has
20 missed 3 consecutive regular meetings, not including
21 committee meetings, or 5 regular meetings in a 12 month
22 period, not including committee meetings. Further, a local
23 school council member may be removed by the council by a
24 majority vote of the council as provided in subsection (c) of
25 Section 34-2.2 if the council determines that a member failed
26 to disclose a conviction of any of the offenses specified in
27 subsection (c) of Section 34-18.5 as required in subsection
28 (f) of this Section 34-2.1. A vote to remove a Council member
29 shall only be valid if the Council member has been notified
30 personally or by certified mail, mailed to the person's last
31 known address, of the Council's intent to vote on the Council
32 member's removal at least 7 days prior to the vote. The
33 Council member in question shall have the right to explain
34 his or her actions and shall be eligible to vote on the
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1 question of his or her removal from the Council. The
2 provisions of this subsection shall be contained within the
3 petitions used to nominate Council candidates.
4 (Source: P.A. 89-15, eff. 5-30-95; 89-369, eff. 8-18-95;
5 89-626, eff. 8-9-96; 89-636, eff. 8-9-96; 90-378, eff.
6 8-14-97.)
7 Section 1001-20. The Illinois School Student Records Act
8 is amended by changing Sections 2, 4, 5, and 6 as follows:
9 (105 ILCS 10/2) (from Ch. 122, par. 50-2)
10 Sec. 2. As used in this Act,
11 (a) "Student" means any person enrolled or previously
12 enrolled in a school.
13 (b) "School" means any public preschool, day care
14 center, kindergarten, nursery, elementary or secondary
15 educational institution, vocational school, special
16 educational facility or any other elementary or secondary
17 educational agency or institution and any person, agency or
18 institution which maintains school student records from more
19 than one school, but does not include a private or non-public
20 school.
21 (c) "State Board" means the State Board of Education.
22 (d) "School Student Record" means any writing or other
23 recorded information concerning a student and by which a
24 student may be individually identified, maintained by a
25 school or at its direction or by an employee of a school,
26 regardless of how or where the information is stored. The
27 following shall not be deemed school student records under
28 this Act: writings or other recorded information maintained
29 by an employee of a school or other person at the direction
30 of a school for his or her exclusive use; provided that all
31 such writings and other recorded information are destroyed
32 not later than the student's graduation or permanent
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1 withdrawal from the school; and provided further that no such
2 records or recorded information may be released or disclosed
3 to any person except a person designated by the school as a
4 substitute unless they are first incorporated in a school
5 student record and made subject to all of the provisions of
6 this Act. School student records shall not include
7 information maintained by law enforcement professionals
8 working in the school.
9 (e) "Student Permanent Record" means the minimum
10 personal information necessary to a school in the education
11 of the student and contained in a school student record.
12 Such information may include the student's name, birth date,
13 address, grades and grade level, parents' names and
14 addresses, attendance records, and such other entries as the
15 State Board may require or authorize.
16 (f) "Student Temporary Record" means all information
17 contained in a school student record but not contained in the
18 student permanent record. Such information may include
19 family background information, intelligence test scores,
20 aptitude test scores, psychological and personality test
21 results, teacher evaluations, and other information of clear
22 relevance to the education of the student, all subject to
23 regulations of the State Board. In addition, the student
24 temporary record shall include information regarding serious
25 disciplinary infractions that resulted in expulsion,
26 suspension, or the imposition of punishment or sanction. For
27 purposes of this provision, serious disciplinary infractions
28 means: infractions involving drugs, weapons, or bodily harm
29 to another.
30 (g) "Parent" means a person who is the natural parent of
31 the student or other person who has the primary
32 responsibility for the care and upbringing of the student.
33 All rights and privileges accorded to a parent under this Act
34 shall become exclusively those of the student upon his 18th
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1 birthday, graduation from secondary school, marriage or entry
2 into military service, whichever occurs first. Such rights
3 and privileges may also be exercised by the student at any
4 time with respect to the student's permanent school record.
5 (Source: P.A. 79-1108.)
6 (105 ILCS 10/4) (from Ch. 122, par. 50-4)
7 Sec. 4. (a) Each school shall designate an official
8 records custodian who is responsible for the maintenance,
9 care and security of all school student records, whether or
10 not such records are in his personal custody or control.
11 (b) The official records custodian shall take all
12 reasonable measures to prevent unauthorized access to or
13 dissemination of school student records.
14 (c) Information contained in or added to a school
15 student record shall be limited to information which is of
16 clear relevance to the education of the student.
17 (d) Information added to a student temporary record
18 after the effective date of this Act shall include the name,
19 signature and position of the person who has added such
20 information and the date of its entry into the record.
21 (e) Each school shall maintain student permanent records
22 and the information contained therein for not less than 60
23 years after the student has transferred, graduated or
24 otherwise permanently withdrawn from the school.
25 (f) Each school shall maintain student temporary records
26 and the information contained in those records for not less
27 than 10 years after the student has transferred, graduated,
28 or otherwise withdrawn from the school. However, student
29 temporary records shall not be disclosed except as provided
30 in Section 5 or by court order, notwithstanding the
31 provisions of Section 6. No school shall maintain any student
32 temporary record or the information contained therein beyond
33 its period of usefulness to the student and the school, and
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1 in no case longer than 5 years after the student has
2 transferred, graduated or otherwise permanently withdrawn
3 from the school. Notwithstanding the foregoing, A school
4 may maintain indefinitely anonymous information from student
5 temporary records for authorized research, statistical
6 reporting or planning purposes, provided that no student or
7 parent can be individually identified from the information
8 maintained.
9 (g) The principal of each school or the person with like
10 responsibilities or his or her designate shall periodically
11 review each student temporary record for verification of
12 entries and elimination or correction of all inaccurate,
13 misleading, unnecessary or irrelevant information. The State
14 Board shall issue regulations to govern the periodic review
15 of the student temporary records and length of time for
16 maintenance of entries to such records.
17 (h) Before any school student record is destroyed or
18 information deleted therefrom, the parent shall be given
19 reasonable prior notice in accordance with regulations
20 adopted by the State Board and an opportunity to copy the
21 record and information proposed to be destroyed or deleted.
22 (i) No school shall be required to separate permanent
23 and temporary school student records of a student not
24 enrolled in such school on or after the effective date of
25 this Act or to destroy any such records, or comply with the
26 provisions of paragraph (g) of this Section with respect to
27 such records, except (1) in accordance with the request of
28 the parent that any or all of such actions be taken in
29 compliance with the provisions of this Act or (2) in
30 accordance with regulations adopted by the State Board.
31 (Source: P.A. 79-1108.)
32 (105 ILCS 10/5) (from Ch. 122, par. 50-5)
33 Sec. 5. (a) A parent or any person specifically
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1 designated as a representative by a parent shall have the
2 right to inspect and copy all school student permanent and
3 temporary records of that parent's child. A student shall
4 have the right to inspect and copy his or her school student
5 permanent record. No person who is prohibited by an order of
6 protection from inspecting or obtaining school records of a
7 student pursuant to the Illinois Domestic Violence Act of
8 1986, as now or hereafter amended, shall have any right of
9 access to, or inspection of, the school records of that
10 student. If a school's principal or person with like
11 responsibilities or his designee has knowledge of such order
12 of protection, the school shall prohibit access or inspection
13 of the student's school records by such person.
14 (b) Whenever access to any person is granted pursuant
15 to paragraph (a) of this Section, at the option of either the
16 parent or the school a qualified professional, who may be a
17 psychologist, counsellor or other advisor, and who may be an
18 employee of the school or employed by the parent, may be
19 present to interpret the information contained in the student
20 temporary record. If the school requires that a professional
21 be present, the school shall secure and bear any cost of the
22 presence of the professional. If the parent so requests, the
23 school shall secure and bear any cost of the presence of a
24 professional employed by the school.
25 (c) A parent's or student's request to inspect and copy
26 records, or to allow a specifically designated representative
27 to inspect and copy records, must be granted within a
28 reasonable time, and in no case later than 15 school days
29 after the date of receipt of such request by the official
30 records custodian.
31 (d) The school may charge its reasonable costs for the
32 copying of school student records, not to exceed the amounts
33 fixed in schedules adopted by the State Board, to any person
34 permitted to copy such records, except that no parent or
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1 student shall be denied a copy of school student records as
2 permitted under this Section 5 for inability to bear the cost
3 of such copying.
4 (e) Nothing contained in this Section 5 shall make
5 available to a parent or student confidential letters and
6 statements of recommendation furnished in connection with
7 applications for employment to a post-secondary educational
8 institution or the receipt of an honor or honorary
9 recognition, provided such letters and statements are not
10 used for purposes other than those for which they were
11 specifically intended, and
12 (1) were placed in a school student record prior to
13 January 1, 1975; or
14 (2) the student has waived access thereto after being
15 advised of his right to obtain upon request the names of all
16 such persons making such confidential recommendations.
17 (f) Nothing contained in this Act shall be construed to
18 impair or limit the confidentiality of:
19 (1) Communications otherwise protected by law as
20 privileged or confidential, including but not limited to,
21 information communicated in confidence to a physician,
22 psychologist or other psychotherapist; or
23 (2) Information which is communicated by a student or
24 parent in confidence to school personnel; or
25 (3) Information which is communicated by a student,
26 parent, or guardian to a law enforcement professional working
27 in the school, except as provided by court order.
28 (Source: P.A. 86-966.)
29 (105 ILCS 10/6) (from Ch. 122, par. 50-6)
30 Sec. 6. (a) No school student records or information
31 contained therein may be released, transferred, disclosed or
32 otherwise disseminated, except as follows:
33 (1) To a parent or student or person specifically
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1 designated as a representative by a parent, as provided in
2 paragraph (a) of Section 5;
3 (2) To an employee or official of the school or school
4 district or State Board with current demonstrable educational
5 or administrative interest in the student, in furtherance of
6 such interest;
7 (3) To the official records custodian of another school
8 within Illinois or an official with similar responsibilities
9 of a school outside Illinois, in which the student has
10 enrolled, or intends to enroll, upon the request of such
11 official or student;
12 (4) To any person for the purpose of research,
13 statistical reporting or planning, provided that no student
14 or parent can be identified from the information released and
15 the person to whom the information is released signs an
16 affidavit agreeing to comply with all applicable statutes and
17 rules pertaining to school student records;
18 (5) Pursuant to a court order, provided that the parent
19 shall be given prompt written notice upon receipt of such
20 order of the terms of the order, the nature and substance of
21 the information proposed to be released in compliance with
22 such order and an opportunity to inspect and copy the school
23 student records and to challenge their contents pursuant to
24 Section 7;
25 (6) To any person as specifically required by State or
26 federal law;
27 (6.5) To juvenile authorities when necessary for the
28 discharge of their official duties who request information
29 prior to adjudication of the student and who certify in
30 writing that the information will not be disclosed to any
31 other party except as provided under law or order of court.
32 For purposes of this Section "juvenile authorities" means:
33 (i) a judge of the circuit court and members of the staff of
34 the court designated by the judge; (ii) parties to the
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1 proceedings under the Juvenile Court Act of 1987 and their
2 attorneys; (iii) probation officers and court appointed
3 advocates for the juvenile authorized by the judge hearing
4 the case; (iv) any individual, public of private agency
5 having custody of the child pursuant to court order; (v) any
6 individual, public or private agency providing education,
7 medical or mental health service to the child when the
8 requested information is needed to determine the appropriate
9 service or treatment for the minor; (vi) any potential
10 placement provider when such release is authorized by the
11 court for the limited purpose of determining the
12 appropriateness of the potential placement; (vii) law
13 enforcement officers and prosecutors; (viii) adult and
14 juvenile prisoner review boards; (ix) authorized military
15 personnel; (x) individuals authorized by court; (xi) the
16 Illinois General Assembly or any committee or commission
17 thereof;
18 (7) Subject to regulations of the State Board, in
19 connection with an emergency, to appropriate persons if the
20 knowledge of such information is necessary to protect the
21 health or safety of the student or other persons; or
22 (8) To any person, with the prior specific dated written
23 consent of the parent designating the person to whom the
24 records may be released, provided that at the time any such
25 consent is requested or obtained, the parent shall be advised
26 in writing that he has the right to inspect and copy such
27 records in accordance with Section 5, to challenge their
28 contents in accordance with Section 7 and to limit any such
29 consent to designated records or designated portions of the
30 information contained therein.
31 (b) No information may be released pursuant to
32 subparagraphs (3) or (6) of paragraph (a) of this Section 6
33 unless the parent receives prior written notice of the nature
34 and substance of the information proposed to be released, and
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1 an opportunity to inspect and copy such records in accordance
2 with Section 5 and to challenge their contents in accordance
3 with Section 7. Provided, however, that such notice shall be
4 sufficient if published in a local newspaper of general
5 circulation or other publication directed generally to the
6 parents involved where the proposed release of information is
7 pursuant to subparagraph 6 of paragraph (a) in this Section 6
8 and relates to more than 25 students.
9 (c) A record of any release of information pursuant to
10 this Section must be made and kept as a part of the school
11 student record and subject to the access granted by Section
12 5. Such record of release shall be maintained for the life of
13 the school student records and shall be available only to the
14 parent and the official records custodian. Each record of
15 release shall also include:
16 (1) The nature and substance of the information
17 released;
18 (2) The name and signature of the official records
19 custodian releasing such information;
20 (3) The name of the person requesting such information,
21 the capacity in which such a request has been made, and the
22 purpose of such request;
23 (4) The date of the release; and
24 (5) A copy of any consent to such release.
25 (d) Except for the student and his parents, no person to
26 whom information is released pursuant to this Section and no
27 person specifically designated as a representative by a
28 parent may permit any other person to have access to such
29 information without a prior consent of the parent obtained in
30 accordance with the requirements of subparagraph (8) of
31 paragraph (a) of this Section.
32 (e) Nothing contained in this Act shall prohibit the
33 publication of student directories which list student names,
34 addresses and other identifying information and similar
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1 publications which comply with regulations issued by the
2 State Board.
3 (Source: P.A. 86-1028.)
4 Section 1001-25. The Illinois Public Aid Code is amended
5 by changing Section 11-9 as follows:
6 (305 ILCS 5/11-9) (from Ch. 23, par. 11-9)
7 Sec. 11-9. Protection of records - Exceptions. For the
8 protection of applicants and recipients, the Illinois
9 Department, the county departments and local governmental
10 units and their respective officers and employees are
11 prohibited, except as hereinafter provided, from disclosing
12 the contents of any records, files, papers and
13 communications, except for purposes directly connected with
14 the administration of public aid under this Code.
15 In any judicial proceeding, except a proceeding directly
16 concerned with the administration of programs provided for in
17 this Code, such records, files, papers and communications,
18 and their contents shall be deemed privileged communications
19 and shall be disclosed only upon the order of the court,
20 where the court finds such to be necessary in the interest of
21 justice.
22 The Illinois Department shall establish and enforce
23 reasonable rules and regulations governing the custody, use
24 and preservation of the records, papers, files, and
25 communications of the Illinois Department, the county
26 departments and local governmental units receiving State or
27 Federal funds or aid. The governing body of other local
28 governmental units shall in like manner establish and enforce
29 rules and regulations governing the same matters.
30 The contents of case files pertaining to recipients under
31 Articles IV, V, VI, and VII shall be made available without
32 subpoena or formal notice to the officers of any court, to
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1 all law enforcing agencies, and to such other persons or
2 agencies as from time to time may be authorized by any court.
3 In particular, the contents of those case files shall be made
4 available upon request to a law enforcement agency for the
5 purpose of determining the current address of a recipient
6 with respect to whom an arrest warrant is outstanding.
7 Information shall also be disclosed to the Illinois State
8 Scholarship Commission pursuant to an investigation or audit
9 by the Illinois State Scholarship Commission of a delinquent
10 student loan or monetary award.
11 This Section does not prevent the Illinois Department and
12 local governmental units from reporting to appropriate law
13 enforcement officials the desertion or abandonment by a
14 parent of a child, as a result of which financial aid has
15 been necessitated under Articles IV, V, VI, or VII, or
16 reporting to appropriate law enforcement officials instances
17 in which a mother under age 18 has a child out of wedlock and
18 is an applicant for or recipient of aid under any Article of
19 this Code. The Illinois Department may provide by rule for
20 the county departments and local governmental units to
21 initiate proceedings under the Juvenile Court Act of 1987 to
22 have children declared to be neglected when they deem such
23 action necessary to protect the children from immoral
24 influences present in their home or surroundings.
25 This Section does not preclude the full exercise of the
26 powers of the Board of Public Aid Commissioners to inspect
27 records and documents, as provided for all advisory boards
28 pursuant to Section 8 of "The Civil Administrative Code of
29 Illinois", approved March 7, 1917, as amended.
30 This Section does not preclude exchanges of information
31 among the Illinois Department of Public Aid, the Department
32 of Human Services (as successor to the Department of Public
33 Aid), and the Illinois Department of Revenue for the purpose
34 of verifying sources and amounts of income and for other
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1 purposes directly connected with the administration of this
2 Code and of the Illinois Income Tax Act.
3 The provisions of this Section and of Section 11-11 as
4 they apply to applicants and recipients of public aid under
5 Articles III, IV and V shall be operative only to the extent
6 that they do not conflict with any Federal law or regulation
7 governing Federal grants to this State for such programs.
8 The Illinois Department of Public Aid and the Department
9 of Human Services (as successor to the Illinois Department of
10 Public Aid) shall enter into an inter-agency agreement with
11 the Department of Children and Family Services to establish a
12 procedure by which employees of the Department of Children
13 and Family Services may have immediate access to records,
14 files, papers, and communications (except medical, alcohol or
15 drug assessment or treatment, mental health, or any other
16 medical records) of the Illinois Department, county
17 departments, and local governmental units receiving State or
18 federal funds or aid, if the Department of Children and
19 Family Services determines the information is necessary to
20 perform its duties under the Abused and Neglected Child
21 Reporting Act, the Child Care Act of 1969, and the Children
22 and Family Services Act.
23 (Source: P.A. 89-507, eff. 7-1-97; 89-583, eff. 1-1-97;
24 90-14, eff. 7-1-97.)
25 ARTICLE 2001. JUVENILE JUSTICE REFORM
26 Section 2001-5. The Children and Family Services Act is
27 amended by changing Sections 5 and 5.15 as follows:
28 (20 ILCS 505/5) (from Ch. 23, par. 5005)
29 Sec. 5. Direct child welfare services; Department of
30 Children and Family Services. To provide direct child welfare
31 services when not available through other public or private
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1 child care or program facilities.
2 (a) For purposes of this Section:
3 (1) "Children" means persons found within the State
4 who are under the age of 18 years. The term also
5 includes persons under age 19 who:
6 (A) were committed to the Department pursuant
7 to the Juvenile Court Act or the Juvenile Court Act
8 of 1987, as amended, prior to the age of 18 and who
9 continue under the jurisdiction of the court; or
10 (B) were accepted for care, service and
11 training by the Department prior to the age of 18
12 and whose best interest in the discretion of the
13 Department would be served by continuing that care,
14 service and training because of severe emotional
15 disturbances, physical disability, social adjustment
16 or any combination thereof, or because of the need
17 to complete an educational or vocational training
18 program.
19 (2) "Homeless youth" means persons found within the
20 State who are under the age of 19, are not in a safe and
21 stable living situation and cannot be reunited with their
22 families.
23 (3) "Child welfare services" means public social
24 services which are directed toward the accomplishment of
25 the following purposes:
26 (A) protecting and promoting the health,
27 safety and welfare of children, including homeless,
28 dependent or neglected children;
29 (B) remedying, or assisting in the solution of
30 problems which may result in, the neglect, abuse,
31 exploitation or delinquency of children;
32 (C) preventing the unnecessary separation of
33 children from their families by identifying family
34 problems, assisting families in resolving their
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1 problems, and preventing the breakup of the family
2 where the prevention of child removal is desirable
3 and possible when the child can be cared for at home
4 without endangering the child's health and safety;
5 (D) restoring to their families children who
6 have been removed, by the provision of services to
7 the child and the families when the child can be
8 cared for at home without endangering the child's
9 health and safety;
10 (E) placing children in suitable adoptive
11 homes, in cases where restoration to the biological
12 family is not safe, possible or appropriate;
13 (F) assuring safe and adequate care of
14 children away from their homes, in cases where the
15 child cannot be returned home or cannot be placed
16 for adoption. At the time of placement, the
17 Department shall consider concurrent planning, as
18 described in subsection (l-1) of this Section so
19 that permanency may occur at the earliest
20 opportunity. Consideration should be given so that
21 if reunification fails or is delayed, the placement
22 made is the best available placement to provide
23 permanency for the child;
24 (G) (blank);
25 (H) (blank); and
26 (I) placing and maintaining children in
27 facilities that provide separate living quarters for
28 children under the age of 18 and for children 18
29 years of age and older, unless a child 18 years of
30 age is in the last year of high school education or
31 vocational training, in an approved individual or
32 group treatment program, or in a licensed shelter
33 facility. The Department is not required to place or
34 maintain children:
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1 (i) who are in a foster home, or
2 (ii) who are persons with a developmental
3 disability, as defined in the Mental Health and
4 Developmental Disabilities Code, or
5 (iii) who are female children who are
6 pregnant, pregnant and parenting or parenting,
7 or
8 (iv) who are siblings,
9 in facilities that provide separate living quarters
10 for children 18 years of age and older and for
11 children under 18 years of age.
12 (b) Nothing in this Section shall be construed to
13 authorize the expenditure of public funds for the purpose of
14 performing abortions.
15 (c) The Department shall establish and maintain
16 tax-supported child welfare services and extend and seek to
17 improve voluntary services throughout the State, to the end
18 that services and care shall be available on an equal basis
19 throughout the State to children requiring such services.
20 (d) The Director may authorize advance disbursements for
21 any new program initiative to any agency contracting with the
22 Department. As a prerequisite for an advance disbursement,
23 the contractor must post a surety bond in the amount of the
24 advance disbursement and have a purchase of service contract
25 approved by the Department. The Department may pay up to 2
26 months operational expenses in advance. The amount of the
27 advance disbursement shall be prorated over the life of the
28 contract or the remaining months of the fiscal year,
29 whichever is less, and the installment amount shall then be
30 deducted from future bills. Advance disbursement
31 authorizations for new initiatives shall not be made to any
32 agency after that agency has operated during 2 consecutive
33 fiscal years. The requirements of this Section concerning
34 advance disbursements shall not apply with respect to the
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1 following: payments to local public agencies for child day
2 care services as authorized by Section 5a of this Act; and
3 youth service programs receiving grant funds under Section
4 17a-4.
5 (e) (Blank).
6 (f) (Blank).
7 (g) The Department shall establish rules and regulations
8 concerning its operation of programs designed to meet the
9 goals of child safety and protection, family preservation,
10 family reunification, and adoption, including but not limited
11 to:
12 (1) adoption;
13 (2) foster care;
14 (3) family counseling;
15 (4) protective services;
16 (5) (blank);
17 (6) homemaker service;
18 (7) return of runaway children;
19 (8) (blank);
20 (9) placement under Section 5-7 of the Juvenile
21 Court Act or Section 2-27, 3-28, 4-25 or 5-740 5-29 of
22 the Juvenile Court Act of 1987 in accordance with the
23 federal Adoption Assistance and Child Welfare Act of
24 1980; and
25 (10) interstate services.
26 Rules and regulations established by the Department shall
27 include provisions for training Department staff and the
28 staff of Department grantees, through contracts with other
29 agencies or resources, in alcohol and drug abuse screening
30 techniques approved by the Department of Human Services, as a
31 successor to the Department of Alcoholism and Substance
32 Abuse, for the purpose of identifying to identify children
33 and adults who should be referred to an alcohol and drug
34 abuse treatment program for professional evaluation.
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1 (h) If the Department finds that there is no appropriate
2 program or facility within or available to the Department for
3 a ward and that no licensed private facility has an adequate
4 and appropriate program or none agrees to accept the ward,
5 the Department shall create an appropriate individualized,
6 program-oriented plan for such ward. The plan may be
7 developed within the Department or through purchase of
8 services by the Department to the extent that it is within
9 its statutory authority to do.
10 (i) Service programs shall be available throughout the
11 State and shall include but not be limited to the following
12 services:
13 (1) case management;
14 (2) homemakers;
15 (3) counseling;
16 (4) parent education;
17 (5) day care; and
18 (6) emergency assistance and advocacy.
19 In addition, the following services may be made available
20 to assess and meet the needs of children and families:
21 (1) comprehensive family-based services;
22 (2) assessments;
23 (3) respite care; and
24 (4) in-home health services.
25 The Department shall provide transportation for any of
26 the services it makes available to children or families or
27 for which it refers children or families.
28 (j) The Department may provide categories of financial
29 assistance and education assistance grants, and shall
30 establish rules and regulations concerning the assistance and
31 grants, to persons who adopt physically or mentally
32 handicapped, older and other hard-to-place children who
33 immediately prior to their adoption were legal wards of the
34 Department. The Department may also provide categories of
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1 financial assistance and education assistance grants, and
2 shall establish rules and regulations for the assistance and
3 grants, to persons appointed guardian of the person under
4 Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
5 4-25 or 5-740 5-29 of the Juvenile Court Act of 1987 for
6 children who were wards of the Department for 12 months
7 immediately prior to the appointment of the successor
8 guardian and for whom the Department has set a goal of
9 permanent family placement with a foster family.
10 The amount of assistance may vary, depending upon the
11 needs of the child and the adoptive parents, as set forth in
12 the annual assistance agreement. Special purpose grants are
13 allowed where the child requires special service but such
14 costs may not exceed the amounts which similar services would
15 cost the Department if it were to provide or secure them as
16 guardian of the child.
17 Any financial assistance provided under this subsection
18 is inalienable by assignment, sale, execution, attachment,
19 garnishment, or any other remedy for recovery or collection
20 of a judgment or debt.
21 (k) The Department shall accept for care and training
22 any child who has been adjudicated neglected or abused, or
23 dependent committed to it pursuant to the Juvenile Court Act
24 or the Juvenile Court Act of 1987.
25 (l) Before July 1, 2000, the Department may provide, and
26 beginning July 1, 2000, the Department shall provide, family
27 preservation services, as determined to be appropriate and in
28 the child's best interests and when the child will be safe
29 and not be in imminent risk of harm, to any family whose
30 child has been placed in substitute care, any persons who
31 have adopted a child and require post-adoption services, or
32 any persons whose child or children are at risk of being
33 placed outside their home as documented by an "indicated"
34 report of suspected child abuse or neglect determined
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1 pursuant to the Abused and Neglected Child Reporting Act.
2 Nothing in this paragraph shall be construed to create a
3 private right of action or claim on the part of any
4 individual or child welfare agency.
5 The Department shall notify the child and his family of
6 the Department's responsibility to offer and provide family
7 preservation services as identified in the service plan. The
8 child and his family shall be eligible for services as soon
9 as the report is determined to be "indicated". The
10 Department may offer services to any child or family with
11 respect to whom a report of suspected child abuse or neglect
12 has been filed, prior to concluding its investigation under
13 Section 7.12 of the Abused and Neglected Child Reporting Act.
14 However, the child's or family's willingness to accept
15 services shall not be considered in the investigation. The
16 Department may also provide services to any child or family
17 who is the subject of any report of suspected child abuse or
18 neglect or may refer such child or family to services
19 available from other agencies in the community, even if the
20 report is determined to be unfounded, if the conditions in
21 the child's or family's home are reasonably likely to subject
22 the child or family to future reports of suspected child
23 abuse or neglect. Acceptance of such services shall be
24 voluntary.
25 The Department may, at its discretion except for those
26 children also adjudicated neglected or dependent, accept for
27 care and training any child who has been adjudicated
28 addicted, as a truant minor in need of supervision or as a
29 minor requiring authoritative intervention, under the
30 Juvenile Court Act or the Juvenile Court Act of 1987, but no
31 such child shall be committed to the Department by any court
32 without the approval of the Department. A minor charged with
33 a criminal offense under the Criminal Code of 1961 or
34 adjudicated delinquent shall not be placed in the custody of
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1 or committed to the Department by any court, except a minor
2 less than 13 years of age committed to the Department under
3 Section 5-710 5-23 of the Juvenile Court Act of 1987.
4 (l-1) The legislature recognizes that the best interests
5 of the child require that the child be placed in the most
6 permanent living arrangement as soon as is practically
7 possible. To achieve this goal, the legislature directs the
8 Department of Children and Family Services to conduct
9 concurrent planning so that permanency may occur at the
10 earliest opportunity. Permanent living arrangements may
11 include prevention of placement of a child outside the home
12 of the family when the child can be cared for at home without
13 endangering the child's health or safety; reunification with
14 the family, when safe and appropriate, if temporary placement
15 is necessary; or movement of the child toward the most
16 permanent living arrangement and permanent legal status.
17 When a child is placed in foster care, the Department
18 shall ensure and document that reasonable efforts were made
19 to prevent or eliminate the need to remove the child from the
20 child's home. The Department must make reasonable efforts to
21 reunify the family when temporary placement of the child
22 occurs or must request a finding from the court that
23 reasonable efforts are not appropriate or have been
24 unsuccessful. At any time after the dispositional hearing
25 where the Department believes that further reunification
26 services would be ineffective, it may request a finding from
27 the court that reasonable efforts are no longer appropriate.
28 The Department is not required to provide further
29 reunification services after such a finding.
30 A decision to place a child in substitute care shall be
31 made with considerations of the child's health, safety, and
32 best interests. At the time of placement, consideration
33 should also be given so that if reunification fails or is
34 delayed, the placement made is the best available placement
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1 to provide permanency for the child.
2 The Department shall adopt rules addressing concurrent
3 planning for reunification and permanency. The Department
4 shall consider the following factors when determining
5 appropriateness of concurrent planning:
6 (1) the likelihood of prompt reunification;
7 (2) the past history of the family;
8 (3) the barriers to reunification being addressed
9 by the family;
10 (4) the level of cooperation of the family;
11 (5) the foster parents' willingness to work with
12 the family to reunite;
13 (6) the willingness and ability of the foster
14 family to provide an adoptive home or long-term
15 placement;
16 (7) the age of the child;
17 (8) placement of siblings.
18 (m) The Department may assume temporary custody of any
19 child if:
20 (1) it has received a written consent to such
21 temporary custody signed by the parents of the child or
22 by the parent having custody of the child if the parents
23 are not living together or by the guardian or custodian
24 of the child if the child is not in the custody of either
25 parent, or
26 (2) the child is found in the State and neither a
27 parent, guardian nor custodian of the child can be
28 located.
29 If the child is found in his or her residence without a
30 parent, guardian, custodian or responsible caretaker, the
31 Department may, instead of removing the child and assuming
32 temporary custody, place an authorized representative of the
33 Department in that residence until such time as a parent,
34 guardian or custodian enters the home and expresses a
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1 willingness and apparent ability to ensure the child's health
2 and safety and resume permanent charge of the child, or until
3 a relative enters the home and is willing and able to ensure
4 the child's health and safety and assume charge of the child
5 until a parent, guardian or custodian enters the home and
6 expresses such willingness and ability to ensure the child's
7 safety and resume permanent charge. After a caretaker has
8 remained in the home for a period not to exceed 12 hours, the
9 Department must follow those procedures outlined in Section
10 2-9, 3-11, 4-8 or 5-501 5-9 of the Juvenile Court Act of
11 1987.
12 The Department shall have the authority, responsibilities
13 and duties that a legal custodian of the child would have
14 pursuant to subsection (9) of Section 1-3 of the Juvenile
15 Court Act of 1987. Whenever a child is taken into temporary
16 custody pursuant to an investigation under the Abused and
17 Neglected Child Reporting Act, or pursuant to a referral and
18 acceptance under the Juvenile Court Act of 1987 of a minor in
19 limited custody, the Department, during the period of
20 temporary custody and before the child is brought before a
21 judicial officer as required by Section 2-9, 3-11, 4-8 or
22 5-501 5-9 of the Juvenile Court Act of 1987, shall have the
23 authority, responsibilities and duties that a legal custodian
24 of the child would have under subsection (9) of Section 1-3
25 of the Juvenile Court Act of 1987.
26 The Department shall ensure that any child taken into
27 custody is scheduled for an appointment for a medical
28 examination.
29 A parent, guardian or custodian of a child in the
30 temporary custody of the Department who would have custody of
31 the child if he were not in the temporary custody of the
32 Department may deliver to the Department a signed request
33 that the Department surrender the temporary custody of the
34 child. The Department may retain temporary custody of the
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1 child for 10 days after the receipt of the request, during
2 which period the Department may cause to be filed a petition
3 pursuant to the Juvenile Court Act of 1987. If a petition is
4 so filed, the Department shall retain temporary custody of
5 the child until the court orders otherwise. If a petition is
6 not filed within the 10 day period, the child shall be
7 surrendered to the custody of the requesting parent, guardian
8 or custodian not later than the expiration of the 10 day
9 period, at which time the authority and duties of the
10 Department with respect to the temporary custody of the child
11 shall terminate.
12 (n) The Department may place children under 18 years of
13 age in licensed child care facilities when in the opinion of
14 the Department, appropriate services aimed at family
15 preservation have been unsuccessful and cannot ensure the
16 child's health and safety or are unavailable and such
17 placement would be for their best interest. Payment for
18 board, clothing, care, training and supervision of any child
19 placed in a licensed child care facility may be made by the
20 Department, by the parents or guardians of the estates of
21 those children, or by both the Department and the parents or
22 guardians, except that no payments shall be made by the
23 Department for any child placed in a licensed child care
24 facility for board, clothing, care, training and supervision
25 of such a child that exceed the average per capita cost of
26 maintaining and of caring for a child in institutions for
27 dependent or neglected children operated by the Department.
28 However, such restriction on payments does not apply in cases
29 where children require specialized care and treatment for
30 problems of severe emotional disturbance, physical
31 disability, social adjustment, or any combination thereof and
32 suitable facilities for the placement of such children are
33 not available at payment rates within the limitations set
34 forth in this Section. All reimbursements for services
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1 delivered shall be absolutely inalienable by assignment,
2 sale, attachment, garnishment or otherwise.
3 (o) The Department shall establish an administrative
4 review and appeal process for children and families who
5 request or receive child welfare services from the
6 Department. Children who are wards of the Department and are
7 placed by private child welfare agencies, and foster families
8 with whom those children are placed, shall be afforded the
9 same procedural and appeal rights as children and families in
10 the case of placement by the Department, including the right
11 to an initial review of a private agency decision by that
12 agency. The Department shall insure that any private child
13 welfare agency, which accepts wards of the Department for
14 placement, affords those rights to children and foster
15 families. The Department shall accept for administrative
16 review and an appeal hearing a complaint made by a child or
17 foster family concerning a decision following an initial
18 review by a private child welfare agency. An appeal of a
19 decision concerning a change in the placement of a child
20 shall be conducted in an expedited manner.
21 (p) There is hereby created the Department of Children
22 and Family Services Emergency Assistance Fund from which the
23 Department may provide special financial assistance to
24 families which are in economic crisis when such assistance is
25 not available through other public or private sources and the
26 assistance is deemed necessary to prevent dissolution of the
27 family unit or to reunite families which have been separated
28 due to child abuse and neglect. The Department shall
29 establish administrative rules specifying the criteria for
30 determining eligibility for and the amount and nature of
31 assistance to be provided. The Department may also enter
32 into written agreements with private and public social
33 service agencies to provide emergency financial services to
34 families referred by the Department. Special financial
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1 assistance payments shall be available to a family no more
2 than once during each fiscal year and the total payments to a
3 family may not exceed $500 during a fiscal year.
4 (q) The Department may receive and use, in their
5 entirety, for the benefit of children any gift, donation or
6 bequest of money or other property which is received on
7 behalf of such children, or any financial benefits to which
8 such children are or may become entitled while under the
9 jurisdiction or care of the Department.
10 The Department shall set up and administer no-cost,
11 interest-bearing savings accounts in appropriate financial
12 institutions ("individual accounts") for children for whom
13 the Department is legally responsible and who have been
14 determined eligible for Veterans' Benefits, Social Security
15 benefits, assistance allotments from the armed forces, court
16 ordered payments, parental voluntary payments, Supplemental
17 Security Income, Railroad Retirement payments, Black Lung
18 benefits, or other miscellaneous payments. Interest earned
19 by each individual account shall be credited to the account,
20 unless disbursed in accordance with this subsection.
21 In disbursing funds from children's individual accounts,
22 the Department shall:
23 (1) Establish standards in accordance with State
24 and federal laws for disbursing money from children's
25 individual accounts. In all circumstances, the
26 Department's "Guardianship Administrator" or his or her
27 designee must approve disbursements from children's
28 individual accounts. The Department shall be responsible
29 for keeping complete records of all disbursements for
30 each individual account for any purpose.
31 (2) Calculate on a monthly basis the amounts paid
32 from State funds for the child's board and care, medical
33 care not covered under Medicaid, and social services; and
34 utilize funds from the child's individual account, as
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1 covered by regulation, to reimburse those costs.
2 Monthly, disbursements from all children's individual
3 accounts, up to 1/12 of $13,000,000, shall be deposited
4 by the Department into the General Revenue Fund and the
5 balance over 1/12 of $13,000,000 into the DCFS Children's
6 Services Fund.
7 (3) Maintain any balance remaining after
8 reimbursing for the child's costs of care, as specified
9 in item (2). The balance shall accumulate in accordance
10 with relevant State and federal laws and shall be
11 disbursed to the child or his or her guardian, or to the
12 issuing agency.
13 (r) The Department shall promulgate regulations
14 encouraging all adoption agencies to voluntarily forward to
15 the Department or its agent names and addresses of all
16 persons who have applied for and have been approved for
17 adoption of a hard-to-place or handicapped child and the
18 names of such children who have not been placed for adoption.
19 A list of such names and addresses shall be maintained by the
20 Department or its agent, and coded lists which maintain the
21 confidentiality of the person seeking to adopt the child and
22 of the child shall be made available, without charge, to
23 every adoption agency in the State to assist the agencies in
24 placing such children for adoption. The Department may
25 delegate to an agent its duty to maintain and make available
26 such lists. The Department shall ensure that such agent
27 maintains the confidentiality of the person seeking to adopt
28 the child and of the child.
29 (s) The Department of Children and Family Services may
30 establish and implement a program to reimburse Department and
31 private child welfare agency foster parents licensed by the
32 Department of Children and Family Services for damages
33 sustained by the foster parents as a result of the malicious
34 or negligent acts of foster children, as well as providing
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1 third party coverage for such foster parents with regard to
2 actions of foster children to other individuals. Such
3 coverage will be secondary to the foster parent liability
4 insurance policy, if applicable. The program shall be funded
5 through appropriations from the General Revenue Fund,
6 specifically designated for such purposes.
7 (t) The Department shall perform home studies and
8 investigations and shall exercise supervision over visitation
9 as ordered by a court pursuant to the Illinois Marriage and
10 Dissolution of Marriage Act or the Adoption Act only if:
11 (1) an order entered by an Illinois court
12 specifically directs the Department to perform such
13 services; and
14 (2) the court has ordered one or both of the
15 parties to the proceeding to reimburse the Department for
16 its reasonable costs for providing such services in
17 accordance with Department rules, or has determined that
18 neither party is financially able to pay.
19 The Department shall provide written notification to the
20 court of the specific arrangements for supervised visitation
21 and projected monthly costs within 60 days of the court
22 order. The Department shall send to the court information
23 related to the costs incurred except in cases where the court
24 has determined the parties are financially unable to pay. The
25 court may order additional periodic reports as appropriate.
26 (u) Whenever the Department places a child in a licensed
27 foster home, group home, child care institution, or in a
28 relative home, the Department shall provide to the caretaker:
29 (1) available detailed information concerning the
30 child's educational and health history, copies of
31 immunization records (including insurance and medical
32 card information), a history of the child's previous
33 placements, if any, and reasons for placement changes
34 excluding any information that identifies or reveals the
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1 location of any previous caretaker;
2 (2) a copy of the child's portion of the client
3 service plan, including any visitation arrangement, and
4 all amendments or revisions to it as related to the
5 child; and
6 (3) information containing details of the child's
7 individualized educational plan when the child is
8 receiving special education services.
9 The caretaker shall be informed of any known social or
10 behavioral information (including, but not limited to,
11 criminal background, fire setting, perpetuation of sexual
12 abuse, destructive behavior, and substance abuse) necessary
13 to care for and safeguard the child.
14 (u-5) Effective July 1, 1995, only foster care
15 placements licensed as foster family homes pursuant to the
16 Child Care Act of 1969 shall be eligible to receive foster
17 care payments from the Department. Relative caregivers who,
18 as of July 1, 1995, were approved pursuant to approved
19 relative placement rules previously promulgated by the
20 Department at 89 Ill. Adm. Code 335 and had submitted an
21 application for licensure as a foster family home may
22 continue to receive foster care payments only until the
23 Department determines that they may be licensed as a foster
24 family home or that their application for licensure is denied
25 or until September 30, 1995, whichever occurs first.
26 (v) The Department shall access criminal history record
27 information as defined in the Illinois Uniform Conviction
28 Information Act and information maintained in the
29 adjudicatory and dispositional record system as defined in
30 subdivision (A)19 of Section 55a of the Civil Administrative
31 Code of Illinois if the Department determines the information
32 is necessary to perform its duties under the Abused and
33 Neglected Child Reporting Act, the Child Care Act of 1969,
34 and the Children and Family Services Act. The Department
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1 shall provide for interactive computerized communication and
2 processing equipment that permits direct on-line
3 communication with the Department of State Police's central
4 criminal history data repository. The Department shall
5 comply with all certification requirements and provide
6 certified operators who have been trained by personnel from
7 the Department of State Police. In addition, one Office of
8 the Inspector General investigator shall have training in the
9 use of the criminal history information access system and
10 have access to the terminal. The Department of Children and
11 Family Services and its employees shall abide by rules and
12 regulations established by the Department of State Police
13 relating to the access and dissemination of this information.
14 (w) Within 120 days of August 20, 1995 (the effective
15 date of Public Act 89-392), the Department shall prepare and
16 submit to the Governor and the General Assembly, a written
17 plan for the development of in-state licensed secure child
18 care facilities that care for children who are in need of
19 secure living arrangements for their health, safety, and
20 well-being. For purposes of this subsection, secure care
21 facility shall mean a facility that is designed and operated
22 to ensure that all entrances and exits from the facility, a
23 building or a distinct part of the building, are under the
24 exclusive control of the staff of the facility, whether or
25 not the child has the freedom of movement within the
26 perimeter of the facility, building, or distinct part of the
27 building. The plan shall include descriptions of the types
28 of facilities that are needed in Illinois; the cost of
29 developing these secure care facilities; the estimated number
30 of placements; the potential cost savings resulting from the
31 movement of children currently out-of-state who are projected
32 to be returned to Illinois; the necessary geographic
33 distribution of these facilities in Illinois; and a proposed
34 timetable for development of such facilities.
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1 (Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95;
2 89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
3 90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98;
4 revised 10-20-97.)
5 (20 ILCS 505/5.15)
6 Sec. 5.15. Daycare; Department of Human Services.
7 (a) For the purpose of ensuring effective statewide
8 planning, development, and utilization of resources for the
9 day care of children, operated under various auspices, the
10 Department of Human Services is designated to coordinate all
11 day care activities for children of the State and shall
12 develop or continue, and shall update every year, a State
13 comprehensive day-care plan for submission to the Governor
14 that identifies high-priority areas and groups, relating them
15 to available resources and identifying the most effective
16 approaches to the use of existing day care services. The
17 State comprehensive day-care plan shall be made available to
18 the General Assembly following the Governor's approval of
19 the plan.
20 The plan shall include methods and procedures for the
21 development of additional day care resources for children to
22 meet the goal of reducing short-run and long-run dependency
23 and to provide necessary enrichment and stimulation to the
24 education of young children. Recommendations shall be made
25 for State policy on optimum use of private and public, local,
26 State and federal resources, including an estimate of the
27 resources needed for the licensing and regulation of day care
28 facilities.
29 A written report shall be submitted to the Governor and
30 the General Assembly annually on April 15. The report shall
31 include an evaluation of developments over the preceding
32 fiscal year, including cost-benefit analyses of various
33 arrangements. Beginning with the report in 1990 submitted by
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1 the Department's predecessor agency and every 2 years
2 thereafter, the report shall also include the following:
3 (1) An assessment of the child care services, needs
4 and available resources throughout the State and an
5 assessment of the adequacy of existing child care
6 services, including, but not limited to, services
7 assisted under this Act and under any other program
8 administered by other State agencies.
9 (2) A survey of day care facilities to determine
10 the number of qualified caregivers, as defined by rule,
11 attracted to vacant positions and any problems
12 encountered by facilities in attracting and retaining
13 capable caregivers.
14 (3) The average wages and salaries and fringe
15 benefit packages paid to caregivers throughout the State,
16 computed on a regional basis.
17 (4) The qualifications of new caregivers hired at
18 licensed day care facilities during the previous 2-year
19 period.
20 (5) Recommendations for increasing caregiver wages
21 and salaries to ensure quality care for children.
22 (6) Evaluation of the fee structure and income
23 eligibility for child care subsidized by the State.
24 The requirement for reporting to the General Assembly
25 shall be satisfied by filing copies of the report with the
26 Speaker, the Minority Leader, and the Clerk of the House of
27 Representatives, the President, the Minority Leader, and the
28 Secretary of the Senate, and the Legislative Research Unit,
29 as required by Section 3.1 of the General Assembly
30 Organization Act, and filing such additional copies with the
31 State Government Report Distribution Center for the General
32 Assembly as is required under paragraph (t) of Section 7 of
33 the State Library Act.
34 (b) The Department of Human Services shall establish
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1 policies and procedures for developing and implementing
2 interagency agreements with other agencies of the State
3 providing child care services or reimbursement for such
4 services. The plans shall be annually reviewed and modified
5 for the purpose of addressing issues of applicability and
6 service system barriers.
7 (c) In cooperation with other State agencies, the
8 Department of Human Services shall develop and implement, or
9 shall continue, a resource and referral system for the State
10 of Illinois either within the Department or by contract with
11 local or regional agencies. Funding for implementation of
12 this system may be provided through Department appropriations
13 or other inter-agency funding arrangements. The resource and
14 referral system shall provide at least the following
15 services:
16 (1) Assembling and maintaining a data base on the
17 supply of child care services.
18 (2) Providing information and referrals for
19 parents.
20 (3) Coordinating the development of new child care
21 resources.
22 (4) Providing technical assistance and training to
23 child care service providers.
24 (5) Recording and analyzing the demand for child
25 care services.
26 (d) The Department of Human Services shall conduct day
27 care planning activities with the following priorities:
28 (1) Development of voluntary day care resources
29 wherever possible, with the provision for grants-in-aid
30 only where demonstrated to be useful and necessary as
31 incentives or supports.
32 (2) Emphasis on service to children of recipients
33 of public assistance when such service will allow
34 training or employment of the parent toward achieving the
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1 goal of independence.
2 (3) Maximum employment of recipients of public
3 assistance in day care centers and day care homes,
4 operated in conjunction with short-term work training
5 programs.
6 (4) Care of children from families in stress and
7 crises whose members potentially may become, or are in
8 danger of becoming, non-productive and dependent.
9 (5) Expansion of family day care facilities
10 wherever possible.
11 (6) Location of centers in economically depressed
12 neighborhoods, preferably in multi-service centers with
13 cooperation of other agencies.
14 (7) Use of existing facilities free of charge or
15 for reasonable rental whenever possible in lieu of
16 construction.
17 (8) Development of strategies for assuring a more
18 complete range of day care options, including provision
19 of day care services in homes, in schools, or in centers,
20 which will enable a parent or parents to complete a
21 course of education or obtain or maintain employment.
22 Emphasis shall be given to support services that will
23 help to ensure such parents' graduation from high school and
24 to services for participants in the Project Chance program of
25 job training conducted by the Department.
26 (e) The Department of Human Services shall actively
27 stimulate the development of public and private resources at
28 the local level. It shall also seek the fullest utilization
29 of federal funds directly or indirectly available to the
30 Department.
31 Where appropriate, existing non-governmental agencies or
32 associations shall be involved in planning by the Department.
33 (f) To better accommodate the child care needs of low
34 income working families, especially those who receive
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1 Temporary Assistance for Needy Families (TANF) or who are
2 transitioning from TANF to work, or who are at risk of
3 depending on TANF in the absence of child care, the
4 Department shall complete a study using outcome-based
5 assessment measurements to analyze the various types of child
6 care needs, including but not limited to: child care homes;
7 child care facilities; before and after school care; and
8 evening and weekend care. Based upon the findings of the
9 study, the Department shall develop a plan by April 15, 1998,
10 that identifies the various types of child care needs within
11 various geographic locations. The plan shall include, but
12 not be limited to, the special needs of parents and guardians
13 in need of non-traditional child care services such as early
14 mornings, evenings, and weekends; the needs of very low
15 income families and children and how they might be better
16 served; and strategies to assist child care providers to meet
17 the needs and schedules of low income families.
18 (Source: P.A. 89-507, eff. 7-1-97; 90-236, eff. 7-28-97.)
19 Section 2001-6. The Illinois Public Aid Code is amended
20 by changing Section 4-8 as follows:
21 (305 ILCS 5/4-8) (from Ch. 23, par. 4-8)
22 Sec. 4-8. Mismanagement of assistance grant.
23 (a) If the County Department has reason to believe that
24 the money payment for basic maintenance is not being used, or
25 may not be used, in the best interests of the child and the
26 family and that there is present or potential damage to the
27 standards of health and well-being that the grant is intended
28 to assure, the County Department shall provide the parent or
29 other relative with the counseling and guidance services with
30 respect to the use of the grant and the management of other
31 funds available to the family as may be required to assure
32 use of the grant in the best interests of the child and
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1 family. The Illinois Department shall by rule prescribe
2 criteria which shall constitute evidence of grant
3 mismanagement. The criteria shall include but not be limited
4 to the following:
5 (1) A determination that a child in the assistance
6 unit is not receiving proper and necessary support or
7 other care for which assistance is being provided under
8 this Code.
9 (2) A record establishing that the parent or
10 relative has been found guilty of public assistance fraud
11 under Article VIIIA.
12 (3) A determination by an appropriate person,
13 entity, or agency that the parent or other relative
14 requires treatment for alcohol or substance abuse, mental
15 health services, or other special care or treatment.
16 The Department shall at least consider non-payment of
17 rent for two consecutive months as evidence of grant
18 mismanagement by a parent or relative of a recipient who is
19 responsible for making rental payments for the housing or
20 shelter of the child or family, unless the Department
21 determines that the non-payment is necessary for the
22 protection of the health and well-being of the recipient. The
23 County Department shall advise the parent or other relative
24 grantee that continued mismanagement will result in the
25 application of one of the sanctions specified in this
26 Section.
27 The Illinois Department shall consider irregular school
28 attendance by children of school age grades 1 through 8, as
29 evidence of lack of proper and necessary support or care.
30 The Department may extend this consideration to children in
31 grades higher than 8.
32 The Illinois Department shall develop preventive programs
33 in collaboration with school and social service networks to
34 encourage school attendance of children receiving assistance
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1 under Article IV. To the extent that Illinois Department and
2 community resources are available, the programs shall serve
3 families whose children in grades 1 through 8 are not
4 attending school regularly, as defined by the school. The
5 Department may extend these programs to families whose
6 children are in grades higher than 8. The programs shall
7 include referrals from the school to a social service
8 network, assessment and development of a service plan by one
9 or more network representatives, and the Illinois
10 Department's encouragement of the family to follow through
11 with the service plan. Families that fail to follow the
12 service plan as determined by the service provider, shall be
13 subject to the protective payment provisions of this Section
14 and Section 4-9 of this Code.
15 Families for whom a protective payment plan has been in
16 effect for at least 3 months and whose school children
17 continue to regularly miss school shall be subject to
18 sanction under Section 4-21. The sanction shall continue
19 until the children demonstrate satisfactory attendance, as
20 defined by the school. To the extent necessary to implement
21 this Section, the Illinois Department shall seek appropriate
22 waivers of federal requirements from the U.S. Department of
23 Health and Human Services.
24 The Illinois Department may implement the amendatory
25 changes to this Section made by this amendatory Act of 1995
26 through the use of emergency rules in accordance with the
27 provisions of Section 5-45 of the Illinois Administrative
28 Procedure Act. For purposes of the Illinois Administrative
29 Procedure Act, the adoption of rules to implement the
30 amendatory changes to this Section made by this amendatory
31 Act of 1995 shall be deemed an emergency and necessary for
32 the public interest, safety, and welfare.
33 (b) In areas of the State where clinically appropriate
34 substance abuse treatment capacity is available, if the local
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1 office has reason to believe that a caretaker relative is
2 experiencing substance abuse, the local office shall refer
3 the caretaker relative to a licensed treatment provider for
4 assessment. If the assessment indicates that the caretaker
5 relative is experiencing substance abuse, the local office
6 shall require the caretaker relative to comply with all
7 treatment recommended by the assessment. If the caretaker
8 relative refuses without good cause, as determined by rules
9 of the Illinois Department, to submit to the assessment or
10 treatment, the caretaker relative shall be ineligible for
11 assistance, and the local office shall take one or more of
12 the following actions:
13 (i) If there is another family member or friend who
14 is ensuring that the family's needs are being met, that
15 person, if willing, shall be assigned as protective
16 payee.
17 (ii) If there is no family member or close friend
18 to serve as protective payee, the local office shall
19 provide for a protective payment to a substitute payee as
20 provided in Section 4-9. The Department also shall
21 determine whether if a referral to the Department of
22 Children and Family Services is warranted and, if
23 appropriate, shall make the referral.
24 (iii) The Department shall contact the individual
25 who is thought to be experiencing substance abuse and
26 explain why the protective payee has been assigned and
27 refer the individual to treatment.
28 (c) This subsection (c) applies to cases other than
29 those described in subsection (b). If the efforts to correct
30 the mismanagement of the grant have failed, the County
31 Department, in accordance with the rules and regulations of
32 the Illinois Department, shall initiate one or more of the
33 following actions:
34 1. Provide for a protective payment to a substitute
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1 payee, as provided in Section 4-9. This action may be
2 initiated for any assistance unit containing a child
3 determined to be neglected by the Department of Children
4 and Family Services under the Abused and Neglected Child
5 Reporting Act, and in any case involving a record of
6 public assistance fraud.
7 2. Provide for issuance of all or part of the grant
8 in the form of disbursing orders. This action may be
9 initiated in any case involving a record of public
10 assistance fraud, or upon the request of a substitute
11 payee designated under Section 4-9.
12 3. File a petition under the Juvenile Court Act of
13 1987 for an Order of Protection under Sections 2-25,
14 2-26, 3-26, and 3-27, 4-23, 4-24, 5-730 5-27, or 5-735
15 5-28 of that Act.
16 4. Institute a proceeding under the Juvenile Court
17 Act of 1987 for the appointment of a guardian or legal
18 representative for the purpose of receiving and managing
19 the public aid grant.
20 5. If the mismanagement of the grant, together with
21 other factors, have rendered the home unsuitable for the
22 best welfare of the child, file a neglect petition under
23 the Juvenile Court Act of 1987, requesting the removal of
24 the child or children.
25 (Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97; 90-249,
26 eff. 1-1-98; revised 8-4-97.)
27 Section 2001-7. The Illinois Vehicle Code is amended by
28 changing Section 6-205 as follows:
29 (625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
30 Sec. 6-205. Mandatory revocation of license or permit;
31 Hardship cases.
32 (a) Except as provided in this Section, the Secretary of
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1 State shall immediately revoke the license or permit of any
2 driver upon receiving a report of the driver's conviction of
3 any of the following offenses:
4 1. Reckless homicide resulting from the operation
5 of a motor vehicle;
6 2. Violation of Section 11-501 of this Code or a
7 similar provision of a local ordinance relating to the
8 offense of operating or being in physical control of a
9 vehicle while under the influence of alcohol, other drug,
10 or combination of both;
11 3. Any felony under the laws of any State or the
12 federal government in the commission of which a motor
13 vehicle was used;
14 4. Violation of Section 11-401 of this Code
15 relating to the offense of leaving the scene of a traffic
16 accident involving death or personal injury;
17 5. Perjury or the making of a false affidavit or
18 statement under oath to the Secretary of State under this
19 Code or under any other law relating to the ownership or
20 operation of motor vehicles;
21 6. Conviction upon 3 charges of violation of
22 Section 11-503 of this Code relating to the offense of
23 reckless driving committed within a period of 12 months;
24 7. Conviction of the offense of automobile theft as
25 defined in Section 4-102 of this Code;
26 8. Violation of Section 11-504 of this Code
27 relating to the offense of drag racing;
28 9. Violation of Chapters 8 and 9 of this Code;
29 10. Violation of Section 12-5 of the Criminal Code
30 of 1961 arising from the use of a motor vehicle;
31 11. Violation of Section 11-204.1 of this Code
32 relating to aggravated fleeing or attempting to elude a
33 police officer;
34 12. Violation of paragraph (1) of subsection (b) of
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1 Section 6-507, or a similar law of any other state,
2 relating to the unlawful operation of a commercial motor
3 vehicle;
4 13. Violation of paragraph (a) of Section 11-502 of
5 this Code or a similar provision of a local ordinance if
6 the driver has been previously convicted of a violation
7 of that Section or a similar provision of a local
8 ordinance and the driver was less than 21 years of age at
9 the time of the offense.
10 (b) The Secretary of State shall also immediately revoke
11 the license or permit of any driver in the following
12 situations:
13 1. Of any minor upon receiving the notice provided
14 for in Section 5-901 1-8 of the Juvenile Court Act of
15 1987 that the minor has been adjudicated under that Act
16 as having committed an offense relating to motor vehicles
17 prescribed in Section 4-103 of this Code;
18 2. Of any person when any other law of this State
19 requires either the revocation or suspension of a license
20 or permit.
21 (c) Whenever a person is convicted of any of the
22 offenses enumerated in this Section, the court may recommend
23 and the Secretary of State in his discretion, without regard
24 to whether the recommendation is made by the court, may, upon
25 application, issue to the person a restricted driving permit
26 granting the privilege of driving a motor vehicle between the
27 petitioner's residence and petitioner's place of employment
28 or within the scope of the petitioner's employment related
29 duties, or to allow transportation for the petitioner or a
30 household member of the petitioner's family for the receipt
31 of necessary medical care or, if the professional evaluation
32 indicates, provide transportation for the petitioner for
33 alcohol remedial or rehabilitative activity, or for the
34 petitioner to attend classes, as a student, in an accredited
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1 educational institution; if the petitioner is able to
2 demonstrate that no alternative means of transportation is
3 reasonably available and the petitioner will not endanger the
4 public safety or welfare; provided that the Secretary's
5 discretion shall be limited to cases where undue hardship
6 would result from a failure to issue the restricted driving
7 permit. In each case the Secretary of State may issue a
8 restricted driving permit for a period he deems appropriate,
9 except that the permit shall expire within one year from the
10 date of issuance. A restricted driving permit issued under
11 this Section shall be subject to cancellation, revocation,
12 and suspension by the Secretary of State in like manner and
13 for like cause as a driver's license issued under this Code
14 may be cancelled, revoked, or suspended; except that a
15 conviction upon one or more offenses against laws or
16 ordinances regulating the movement of traffic shall be deemed
17 sufficient cause for the revocation, suspension, or
18 cancellation of a restricted driving permit. The Secretary of
19 State may, as a condition to the issuance of a restricted
20 driving permit, require the applicant to participate in a
21 designated driver remedial or rehabilitative program. The
22 Secretary of State is authorized to cancel a restricted
23 driving permit if the permit holder does not successfully
24 complete the program. However, if an individual's driving
25 privileges have been revoked in accordance with paragraph 13
26 of subsection (a) of this Section, no restricted driving
27 permit shall be issued until the individual has served 6
28 months of the revocation period.
29 (d) Whenever a person under the age of 21 is convicted
30 under Section 11-501 of this Code or a similar provision of a
31 local ordinance, the Secretary of State shall revoke the
32 driving privileges of that person. One year after the date
33 of revocation, and upon application, the Secretary of State
34 may, if satisfied that the person applying will not endanger
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1 the public safety or welfare, issue a restricted driving
2 permit granting the privilege of driving a motor vehicle only
3 between the hours of 5 a.m. and 9 p.m. or as otherwise
4 provided by this Section for a period of one year. After
5 this one year period, and upon reapplication for a license as
6 provided in Section 6-106, upon payment of the appropriate
7 reinstatement fee provided under paragraph (b) of Section
8 6-118, the Secretary of State, in his discretion, may issue
9 the applicant a license, or extend the restricted driving
10 permit as many times as the Secretary of State deems
11 appropriate, by additional periods of not more than 12 months
12 each, until the applicant attains 21 years of age. A
13 restricted driving permit issued under this Section shall be
14 subject to cancellation, revocation, and suspension by the
15 Secretary of State in like manner and for like cause as a
16 driver's license issued under this Code may be cancelled,
17 revoked, or suspended; except that a conviction upon one or
18 more offenses against laws or ordinances regulating the
19 movement of traffic shall be deemed sufficient cause for the
20 revocation, suspension, or cancellation of a restricted
21 driving permit. Any person under 21 years of age who has a
22 driver's license revoked for a second or subsequent
23 conviction for driving under the influence, prior to the age
24 of 21, shall not be eligible to submit an application for a
25 full reinstatement of driving privileges or a restricted
26 driving permit until age 21 or one additional year from the
27 date of the latest such revocation, whichever is the longer.
28 The revocation periods contained in this subparagraph shall
29 apply to similar out-of-state convictions.
30 (e) This Section is subject to the provisions of the
31 Driver License Compact.
32 (f) Any revocation imposed upon any person under
33 subsections 2 and 3 of paragraph (b) that is in effect on
34 December 31, 1988 shall be converted to a suspension for a
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1 like period of time.
2 (g) The Secretary of State shall not issue a restricted
3 driving permit to a person under the age of 16 years whose
4 driving privileges have been revoked under any provisions of
5 this Code.
6 (Source: P.A. 89-156, eff. 1-1-96; 89-245, eff. 1-1-96;
7 89-626, eff. 8-9-96; 90-369, eff. 1-1-98.)
8 Section 2001-10. The Juvenile Court Act of 1987 is
9 amended by changing Sections 1-3, 1-4.1, 1-5, 2-10, 2-12,
10 2-27, 2-28, 3-8, 3-10, 3-12, 3-14, 4-9, 4-11, 6-1, 6-8, 6-9,
11 and 6-10, renumbering and changing Sections 5-35 and 5-36,
12 adding Section 6-12, and adding Parts 1 through 9 to Article
13 V as follows:
14 (705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
15 Sec. 1-3. Definitions. Terms used in this Act, unless
16 the context otherwise requires, have the following meanings
17 ascribed to them:
18 (1) Adjudicatory hearing. "Adjudicatory hearing" means a
19 hearing to determine whether the allegations of a petition
20 under Section 2-13, 3-15 or 4-12 that a minor under 18 years
21 of age is abused, neglected or dependent, or requires
22 authoritative intervention, or addicted, respectively, are
23 supported by a preponderance of the evidence or whether the
24 allegations of a petition under Section 5-520 5-13 that a
25 minor is delinquent are proved beyond a reasonable doubt.
26 (2) Adult. "Adult" means a person 21 years of age or
27 older.
28 (3) Agency. "Agency" means a public or private child
29 care facility legally authorized or licensed by this State
30 for placement or institutional care or for both placement and
31 institutional care.
32 (4) Association. "Association" means any organization,
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1 public or private, engaged in welfare functions which include
2 services to or on behalf of children but does not include
3 "agency" as herein defined.
4 (4.1) Chronic truant. "Chronic truant" shall have the
5 definition ascribed to it in Section 26-2a of The School
6 Code.
7 (5) Court. "Court" means the circuit court in a session
8 or division assigned to hear proceedings under this Act.
9 (6) Dispositional hearing. "Dispositional hearing" means
10 a hearing to determine whether a minor should be adjudged to
11 be a ward of the court, and to determine what order of
12 disposition should be made in respect to a minor adjudged to
13 be a ward of the court.
14 (7) Emancipated minor. "Emancipated minor" means any
15 minor 16 years of age or over who has been completely or
16 partially emancipated under the "Emancipation of Mature
17 Minors Act", enacted by the Eighty-First General Assembly, or
18 under this Act.
19 (8) Guardianship of the person. "Guardianship of the
20 person" of a minor means the duty and authority to act in the
21 best interests of the minor, subject to residual parental
22 rights and responsibilities, to make important decisions in
23 matters having a permanent effect on the life and development
24 of the minor and to be concerned with his or her general
25 welfare. It includes but is not necessarily limited to:
26 (a) the authority to consent to marriage, to
27 enlistment in the armed forces of the United States, or
28 to a major medical, psychiatric, and surgical treatment;
29 to represent the minor in legal actions; and to make
30 other decisions of substantial legal significance
31 concerning the minor;
32 (b) the authority and duty of reasonable
33 visitation, except to the extent that these have been
34 limited in the best interests of the minor by court
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1 order;
2 (c) the rights and responsibilities of legal
3 custody except where legal custody has been vested in
4 another person or agency; and
5 (d) the power to consent to the adoption of the
6 minor, but only if expressly conferred on the guardian in
7 accordance with Section 2-29, 3-30, or 4-27 or 5-31.
8 (9) Legal custody. "Legal custody" means the
9 relationship created by an order of court in the best
10 interests of the minor which imposes on the custodian the
11 responsibility of physical possession of a minor and the duty
12 to protect, train and discipline him and to provide him with
13 food, shelter, education and ordinary medical care, except as
14 these are limited by residual parental rights and
15 responsibilities and the rights and responsibilities of the
16 guardian of the person, if any.
17 (10) Minor. "Minor" means a person under the age of 21
18 years subject to this Act.
19 (11) Parents. "Parent" means the father or mother of a
20 child and includes any adoptive parent. It also includes the
21 father whose paternity is presumed or has been established
22 under the law of this or another jurisdiction. It does not
23 include a parent whose rights in respect to the minor have
24 been terminated in any manner provided by law.
25 (11.1) "Permanency goal" means a goal set by a service
26 plan or an administrative case review, including, but not
27 limited to, (i) remaining home, (ii) returning home to a
28 specified parent or guardian, (iii) adoption, (iv) successor
29 guardianship, (v) long-term relative foster care, (vi) other
30 long-term substitute care, when no other goal is appropriate,
31 or (vii) emancipation.
32 (11.2) "Permanency review hearing" means a hearing to
33 review and determine (i) the appropriateness of the
34 permanency goal in light of the permanency alternatives, (ii)
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1 the appropriateness of the plan to achieve the goal, (iii)
2 the appropriateness of the services delivered and to be
3 delivered to effectuate the plan and goal, and (iv) the
4 efforts being made by all the parties to achieve the plan and
5 goal.
6 (12) Petition. "Petition" means the petition provided
7 for in Section 2-13, 3-15, 4-12 or 5-520 5-13, including any
8 supplemental petitions thereunder.
9 (13) Residual parental rights and responsibilities.
10 "Residual parental rights and responsibilities" means those
11 rights and responsibilities remaining with the parent after
12 the transfer of legal custody or guardianship of the person,
13 including, but not necessarily limited to, the right to
14 reasonable visitation (which may be limited by the court in
15 the best interests of the minor as provided in subsection
16 (8)(b) of this Section), the right to consent to adoption,
17 the right to determine the minor's religious affiliation, and
18 the responsibility for his support.
19 (14) Shelter. "Shelter" means the temporary care of a
20 minor in physically unrestricting facilities pending court
21 disposition or execution of court order for placement.
22 (15) Station adjustment. "Station adjustment" means the
23 informal handling of an alleged offender by a juvenile police
24 youth officer.
25 (16) Ward of the court. "Ward of the court" means a
26 minor who is so adjudged under Section 2-22, 3-23, 4-20 or
27 5-705 5-22, after a finding of the requisite jurisdictional
28 facts, and thus is subject to the dispositional powers of the
29 court under this Act.
30 (17) Juvenile police officer. "Juvenile police officer"
31 means a sworn police officer who has completed a Basic
32 Recruit Training Course, has been assigned to the position of
33 juvenile police officer by his or her chief law enforcement
34 officer and has completed the necessary juvenile officers
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1 training as prescribed by the Illinois Law Enforcement
2 Training Standards Board, or in the case of a State police
3 officer, juvenile officer training approved by the Director
4 of the Department of State Police.
5 (Source: P.A. 88-7, Sec. 5; 88-7, Sec. 15; 88-487; 88-586,
6 eff. 8-12-94; 88-670, eff. 12-2-94.)
7 (705 ILCS 405/1-4.1) (from Ch. 37, par. 801-4.1)
8 Sec. 1-4.1. Except for minors accused of violation of an
9 order of the court, any minor accused of any act under
10 federal or State law, or a municipal ordinance that would not
11 be illegal if committed by an adult, cannot be placed in a
12 jail, municipal lockup, detention center or secure
13 correctional facility. Confinement in a county jail of a
14 minor accused of a violation of an order of the court, or of
15 a minor for whom there is reasonable cause to believe that
16 the minor is a person described in subsection (3) of Section
17 5-105 5-3, shall be in accordance with the restrictions set
18 forth in Sections 5-410 and 5-501 Sections 5-7 and 5-10 of
19 this Act.
20 (Source: P.A. 89-656, eff. 1-1-97.)
21 (705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
22 Sec. 1-5. Rights of parties to proceedings.
23 (1) Except as provided in this Section and paragraph (2)
24 of Sections 2-22, 3-23, 4-20, 5-610 or 5-705 5-22, the minor
25 who is the subject of the proceeding and his parents,
26 guardian, legal custodian or responsible relative who are
27 parties respondent have the right to be present, to be heard,
28 to present evidence material to the proceedings, to
29 cross-examine witnesses, to examine pertinent court files and
30 records and also, although proceedings under this Act are not
31 intended to be adversary in character, the right to be
32 represented by counsel. At the request of any party
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1 financially unable to employ counsel, with the exception of a
2 foster parent permitted to intervene under this Section, the
3 court shall appoint the Public Defender or such other counsel
4 as the case may require. Counsel appointed for the minor and
5 any indigent party shall appear at all stages of the trial
6 court proceeding, and such appointment shall continue through
7 the permanency hearings and termination of parental rights
8 proceedings subject to withdrawal or substitution pursuant to
9 Supreme Court Rules or the Code of Civil Procedure. Following
10 the dispositional hearing, the court may require appointed
11 counsel to withdraw his or her appearance upon failure of the
12 party for whom counsel was appointed under this Section to
13 attend any subsequent proceedings.
14 No hearing on any petition or motion filed under this Act
15 may be commenced unless the minor who is the subject of the
16 proceeding is represented by counsel. Each adult respondent
17 shall be furnished a written "Notice of Rights" at or before
18 the first hearing at which he or she appears.
19 (1.5) The Department shall maintain a system of response
20 to inquiry made by parents or putative parents as to whether
21 their child is under the custody or guardianship of the
22 Department; and if so, the Department shall direct the
23 parents or putative parents to the appropriate court of
24 jurisdiction, including where inquiry may be made of the
25 clerk of the court regarding the case number and the next
26 scheduled court date of the minor's case. Effective notice
27 and the means of accessing information shall be given to the
28 public on a continuing basis by the Department.
29 (2) (a) Though not appointed guardian or legal custodian
30 or otherwise made a party to the proceeding, any current or
31 previously appointed foster parent or representative of an
32 agency or association interested in the minor has the right
33 to be heard by the court, but does not thereby become a party
34 to the proceeding.
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1 In addition to the foregoing right to be heard by the
2 court, any current foster parent of a minor and the agency
3 designated by the court or the Department of Children and
4 Family Services as custodian of the minor who has been
5 adjudicated an abused or neglected minor under Section 2-3 or
6 a dependent minor under Section 2-4 of this Act has the right
7 to and shall be given adequate notice at all stages of any
8 hearing or proceeding under this Act wherein the custody or
9 status of the minor may be changed. Such notice shall
10 contain a statement regarding the nature and denomination of
11 the hearing or proceeding to be held, the change in custody
12 or status of the minor sought to be obtained at such hearing
13 or proceeding, and the date, time and place of such hearing
14 or proceeding. The Department of Children and Family
15 Services or the licensed child welfare agency that has placed
16 the minor with the foster parent shall notify the clerk of
17 the court of the name and address of the current foster
18 parent. The clerk shall mail the notice by certified mail
19 marked for delivery to addressee only. The regular return
20 receipt for certified mail is sufficient proof of service.
21 Any foster parent who is denied his or her right to be
22 heard under this Section may bring a mandamus action under
23 Article XIV of the Code of Civil Procedure against the court
24 or any public agency to enforce that right. The mandamus
25 action may be brought immediately upon the denial of those
26 rights but in no event later than 30 days after the foster
27 parent has been denied the right to be heard.
28 (b) If after an adjudication that a minor is abused or
29 neglected as provided under Section 2-21 of this Act and a
30 motion has been made to restore the minor to any parent,
31 guardian, or legal custodian found by the court to have
32 caused the neglect or to have inflicted the abuse on the
33 minor, a foster parent may file a motion to intervene in the
34 proceeding for the sole purpose of requesting that the minor
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1 be placed with the foster parent, provided that the foster
2 parent (i) is the current foster parent of the minor or (ii)
3 has previously been a foster parent for the minor for one
4 year or more, has a foster care license or is eligible for a
5 license, and is not the subject of any findings of abuse or
6 neglect of any child. The juvenile court may only enter
7 orders placing a minor with a specific foster parent under
8 this subsection (2)(b) and nothing in this Section shall be
9 construed to confer any jurisdiction or authority on the
10 juvenile court to issue any other orders requiring the
11 appointed guardian or custodian of a minor to place the minor
12 in a designated foster home or facility. This Section is not
13 intended to encompass any matters that are within the scope
14 or determinable under the administrative and appeal process
15 established by rules of the Department of Children and Family
16 Services under Section 5(o) of the Children and Family
17 Services Act. Nothing in this Section shall relieve the
18 court of its responsibility, under Section 2-14(a) of this
19 Act to act in a just and speedy manner to reunify families
20 where it is the best interests of the minor and the child can
21 be cared for at home without endangering the child's health
22 or safety and, if reunification is not in the best interests
23 of the minor, to find another permanent home for the minor.
24 Nothing in this Section, or in any order issued by the court
25 with respect to the placement of a minor with a foster
26 parent, shall impair the ability of the Department of
27 Children and Family Services, or anyone else authorized under
28 Section 5 of the Abused and Neglected Child Reporting Act, to
29 remove a minor from the home of a foster parent if the
30 Department of Children and Family Services or the person
31 removing the minor has reason to believe that the
32 circumstances or conditions of the minor are such that
33 continuing in the residence or care of the foster parent will
34 jeopardize the child's health and safety or present an
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1 imminent risk of harm to that minor's life.
2 (c) If a foster parent has had the minor who is the
3 subject of the proceeding under Article II in his or her home
4 for more than one year on or after July 3, 1994 and if the
5 minor's placement is being terminated from that foster
6 parent's home, that foster parent shall have standing and
7 intervenor status except in those circumstances where the
8 Department of Children and Family Services or anyone else
9 authorized under Section 5 of the Abused and Neglected Child
10 Reporting Act has removed the minor from the foster parent
11 because of a reasonable belief that the circumstances or
12 conditions of the minor are such that continuing in the
13 residence or care of the foster parent will jeopardize the
14 child's health or safety or presents an imminent risk of harm
15 to the minor's life.
16 (d) The court may grant standing to any foster parent if
17 the court finds that it is in the best interest of the child
18 for the foster parent to have standing and intervenor status.
19 (3) Parties respondent are entitled to notice in
20 compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
21 and 4-15 or 5-525 5-15 and 5-530 5-16, as appropriate. At the
22 first appearance before the court by the minor, his parents,
23 guardian, custodian or responsible relative, the court shall
24 explain the nature of the proceedings and inform the parties
25 of their rights under the first 2 paragraphs of this Section.
26 If the child is alleged to be abused, neglected or
27 dependent, the court shall admonish the parents that if the
28 court declares the child to be a ward of the court and awards
29 custody or guardianship to the Department of Children and
30 Family Services, the parents must cooperate with the
31 Department of Children and Family Services, comply with the
32 terms of the service plans, and correct the conditions that
33 require the child to be in care, or risk termination of their
34 parental rights.
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1 Upon an adjudication of wardship of the court under
2 Sections 2-22, 3-23, 4-20 or 5-705 5-22, the court shall
3 inform the parties of their right to appeal therefrom as well
4 as from any other final judgment of the court.
5 When the court finds that a child is an abused,
6 neglected, or dependent minor under Section 2-21, the court
7 shall admonish the parents that the parents must cooperate
8 with the Department of Children and Family Services, comply
9 with the terms of the service plans, and correct the
10 conditions that require the child to be in care, or risk
11 termination of their parental rights.
12 When the court declares a child to be a ward of the court
13 and awards guardianship to the Department of Children and
14 Family Services under Section 2-22, the court shall admonish
15 the parents, guardian, custodian, or responsible relative
16 that the parents must cooperate with the Department of
17 Children and Family Services, comply with the terms of the
18 service plans, and correct the conditions that require the
19 child to be in care, or risk termination of their parental
20 rights.
21 (4) No sanction may be applied against the minor who is
22 the subject of the proceedings by reason of his refusal or
23 failure to testify in the course of any hearing held prior to
24 final adjudication under Section 2-22, 3-23, 4-20 or 5-705
25 5-22.
26 (5) In the discretion of the court, the minor may be
27 excluded from any part or parts of a dispositional hearing
28 and, with the consent of the parent or parents, guardian,
29 counsel or a guardian ad litem, from any part or parts of an
30 adjudicatory hearing.
31 (6) The general public except for the news media and the
32 victim shall be excluded from any hearing and, except for the
33 persons specified in this Section only persons, including
34 representatives of agencies and associations, who in the
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1 opinion of the court have a direct interest in the case or in
2 the work of the court shall be admitted to the hearing.
3 However, the court may, for the minor's safety and protection
4 and for good cause shown, prohibit any person or agency
5 present in court from further disclosing the minor's
6 identity.
7 (Source: P.A. 89-235, eff. 8-4-95; 90-27, eff. 1-1-98; 90-28,
8 eff. 1-1-98.)
9 (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
10 Sec. 2-10. Temporary custody hearing. At the appearance
11 of the minor before the court at the temporary custody
12 hearing, all witnesses present shall be examined before the
13 court in relation to any matter connected with the
14 allegations made in the petition.
15 (1) If the court finds that there is not probable cause
16 to believe that the minor is abused, neglected or dependent
17 it shall release the minor and dismiss the petition.
18 (2) If the court finds that there is probable cause to
19 believe that the minor is abused, neglected or dependent, the
20 court shall state in writing the factual basis supporting its
21 finding and the minor, his or her parent, guardian, custodian
22 and other persons able to give relevant testimony shall be
23 examined before the court. The Department of Children and
24 Family Services shall give testimony concerning indicated
25 reports of abuse and neglect, of which they are aware of
26 through the central registry, involving the minor's parent,
27 guardian or custodian. After such testimony, the court may,
28 consistent with the health, safety and best interests of the
29 minor, enter an order that the minor shall be released upon
30 the request of parent, guardian or custodian if the parent,
31 guardian or custodian appears to take custody. Custodian
32 shall include any agency of the State which has been given
33 custody or wardship of the child. If it is consistent with
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1 the health, safety and best interests of the minor, the court
2 may also prescribe shelter care and order that the minor be
3 kept in a suitable place designated by the court or in a
4 shelter care facility designated by the Department of
5 Children and Family Services or a licensed child welfare
6 agency; however, a minor charged with a criminal offense
7 under the Criminal Code of 1961 or adjudicated delinquent
8 shall not be placed in the custody of or committed to the
9 Department of Children and Family Services by any court,
10 except a minor less than 13 years of age and committed to the
11 Department of Children and Family Services under Section
12 5-710 5-23 of this Act or a minor for whom an independent
13 basis of abuse, neglect, or dependency exists, which must be
14 defined by departmental rule. In placing the minor, the
15 Department or other agency shall, to the extent compatible
16 with the court's order, comply with Section 7 of the Children
17 and Family Services Act. In determining the health, safety
18 and best interests of the minor to prescribe shelter care,
19 the court must find that it is a matter of immediate and
20 urgent necessity for the safety and protection of the minor
21 or of the person or property of another that the minor be
22 placed in a shelter care facility or that he or she is likely
23 to flee the jurisdiction of the court, and must further find
24 that reasonable efforts have been made or that, consistent
25 with the health, safety and best interests of the minor, no
26 efforts reasonably can be made to prevent or eliminate the
27 necessity of removal of the minor from his or her home. The
28 court shall require documentation from the Department of
29 Children and Family Services as to the reasonable efforts
30 that were made to prevent or eliminate the necessity of
31 removal of the minor from his or her home or the reasons why
32 no efforts reasonably could be made to prevent or eliminate
33 the necessity of removal. When a minor is placed in the home
34 of a relative, the Department of Children and Family Services
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1 shall complete a preliminary background review of the members
2 of the minor's custodian's household in accordance with
3 Section 4.3 of the Child Care Act of 1969 within 90 days of
4 that placement. If the minor is ordered placed in a shelter
5 care facility of the Department of Children and Family
6 Services or a licensed child welfare agency, the court shall,
7 upon request of the appropriate Department or other agency,
8 appoint the Department of Children and Family Services
9 Guardianship Administrator or other appropriate agency
10 executive temporary custodian of the minor and the court may
11 enter such other orders related to the temporary custody as
12 it deems fit and proper, including the provision of services
13 to the minor or his family to ameliorate the causes
14 contributing to the finding of probable cause or to the
15 finding of the existence of immediate and urgent necessity.
16 Acceptance of services shall not be considered an admission
17 of any allegation in a petition made pursuant to this Act,
18 nor may a referral of services be considered as evidence in
19 any proceeding pursuant to this Act, except where the issue
20 is whether the Department has made reasonable efforts to
21 reunite the family. In making its findings that it is
22 consistent with the health, safety and best interests of the
23 minor to prescribe shelter care, the court shall state in
24 writing (i) the factual basis supporting its findings
25 concerning the immediate and urgent necessity for the
26 protection of the minor or of the person or property of
27 another and (ii) the factual basis supporting its findings
28 that reasonable efforts were made to prevent or eliminate the
29 removal of the minor from his or her home or that no efforts
30 reasonably could be made to prevent or eliminate the removal
31 of the minor from his or her home. The parents, guardian,
32 custodian, temporary custodian and minor shall each be
33 furnished a copy of such written findings. The temporary
34 custodian shall maintain a copy of the court order and
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1 written findings in the case record for the child. The order
2 together with the court's findings of fact in support thereof
3 shall be entered of record in the court.
4 Once the court finds that it is a matter of immediate and
5 urgent necessity for the protection of the minor that the
6 minor be placed in a shelter care facility, the minor shall
7 not be returned to the parent, custodian or guardian until
8 the court finds that such placement is no longer necessary
9 for the protection of the minor.
10 If the child is placed in the temporary custody of the
11 Department of Children and Family Services for his or her
12 protection, the court shall admonish the parents, guardian,
13 custodian or responsible relative that the parents must
14 cooperate with the Department of Children and Family
15 Services, comply with the terms of the service plans, and
16 correct the conditions which require the child to be in care,
17 or risk termination of their parental rights.
18 (3) If prior to the shelter care hearing for a minor
19 described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party
20 is unable to serve notice on the party respondent, the
21 shelter care hearing may proceed ex-parte. A shelter care
22 order from an ex-parte hearing shall be endorsed with the
23 date and hour of issuance and shall be filed with the clerk's
24 office and entered of record. The order shall expire after 10
25 days from the time it is issued unless before its expiration
26 it is renewed, at a hearing upon appearance of the party
27 respondent, or upon an affidavit of the moving party as to
28 all diligent efforts to notify the party respondent by notice
29 as herein prescribed. The notice prescribed shall be in
30 writing and shall be personally delivered to the minor or the
31 minor's attorney and to the last known address of the other
32 person or persons entitled to notice. The notice shall also
33 state the nature of the allegations, the nature of the order
34 sought by the State, including whether temporary custody is
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1 sought, and the consequences of failure to appear and shall
2 contain a notice that the parties will not be entitled to
3 further written notices or publication notices of proceedings
4 in this case, including the filing of an amended petition or
5 a motion to terminate parental rights, except as required by
6 Supreme Court Rule 11; and shall explain the right of the
7 parties and the procedures to vacate or modify a shelter care
8 order as provided in this Section. The notice for a shelter
9 care hearing shall be substantially as follows:
10 NOTICE TO PARENTS AND CHILDREN
11 OF SHELTER CARE HEARING
12 On ................ at ........., before the
13 Honorable ................, (address:) .................,
14 the State of Illinois will present evidence (1) that
15 (name of child or children) ....................... are
16 abused, neglected or dependent for the following reasons:
17 .............................................. and (2)
18 that there is "immediate and urgent necessity" to remove
19 the child or children from the responsible relative.
20 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
21 PLACEMENT of the child or children in foster care until a
22 trial can be held. A trial may not be held for up to 90
23 days. You will not be entitled to further notices of
24 proceedings in this case, including the filing of an
25 amended petition or a motion to terminate parental
26 rights.
27 At the shelter care hearing, parents have the
28 following rights:
29 1. To ask the court to appoint a lawyer if
30 they cannot afford one.
31 2. To ask the court to continue the hearing to
32 allow them time to prepare.
33 3. To present evidence concerning:
34 a. Whether or not the child or children
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1 were abused, neglected or dependent.
2 b. Whether or not there is "immediate and
3 urgent necessity" to remove the child from home
4 (including: their ability to care for the
5 child, conditions in the home, alternative
6 means of protecting the child other than
7 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
16 custody of ............... was awarded to
17 ................, you have the right to request a full
18 rehearing on whether the State should have temporary
19 custody of ................. To request this rehearing,
20 you must file with the Clerk of the Juvenile Court
21 (address): ........................, in person or by
22 mailing a statement (affidavit) setting forth the
23 following:
24 1. That you were not present at the shelter
25 care hearing.
26 2. That you did not get adequate notice
27 (explaining how the notice was inadequate).
28 3. Your signature.
29 4. Signature must be notarized.
30 The rehearing should be scheduled within 48 hours of
31 your filing this affidavit.
32 At the rehearing, your rights are the same as at the
33 initial shelter care hearing. The enclosed notice
34 explains those rights.
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1 At the Shelter Care Hearing, children have the
2 following rights:
3 1. To have a guardian ad litem appointed.
4 2. To be declared competent as a witness and
5 to present testimony concerning:
6 a. Whether they are abused, neglected or
7 dependent.
8 b. Whether there is "immediate and urgent
9 necessity" to be removed from home.
10 c. Their best interests.
11 3. To cross examine witnesses for other
12 parties.
13 4. To obtain an explanation of any proceedings
14 and orders of the court.
15 (4) If the parent, guardian, legal custodian,
16 responsible relative, minor age 8 or over, or counsel of the
17 minor did not have actual notice of or was not present at the
18 shelter care hearing, he or she may file an affidavit setting
19 forth these facts, and the clerk shall set the matter for
20 rehearing not later than 48 hours, excluding Sundays and
21 legal holidays, after the filing of the affidavit. At the
22 rehearing, the court shall proceed in the same manner as upon
23 the original hearing.
24 (5) Only when there is reasonable cause to believe that
25 the minor taken into custody is a person described in
26 subsection (3) of Section 5-105 5-3 may the minor be kept or
27 detained in a detention home or county or municipal jail.
28 This Section shall in no way be construed to limit subsection
29 (6).
30 (6) No minor under 16 years of age may be confined in a
31 jail or place ordinarily used for the confinement of
32 prisoners in a police station. Minors under 17 years of age
33 must be kept separate from confined adults and may not at any
34 time be kept in the same cell, room, or yard with adults
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1 confined pursuant to the criminal law.
2 (7) If the minor is not brought before a judicial
3 officer within the time period as specified in Section 2-9,
4 the minor must immediately be released from custody.
5 (8) If neither the parent, guardian or custodian appears
6 within 24 hours to take custody of a minor released upon
7 request pursuant to subsection (2) of this Section, then the
8 clerk of the court shall set the matter for rehearing not
9 later than 7 days after the original order and shall issue a
10 summons directed to the parent, guardian or custodian to
11 appear. At the same time the probation department shall
12 prepare a report on the minor. If a parent, guardian or
13 custodian does not appear at such rehearing, the judge may
14 enter an order prescribing that the minor be kept in a
15 suitable place designated by the Department of Children and
16 Family Services or a licensed child welfare agency.
17 (9) Notwithstanding any other provision of this Section
18 any interested party, including the State, the temporary
19 custodian, an agency providing services to the minor or
20 family under a service plan pursuant to Section 8.2 of the
21 Abused and Neglected Child Reporting Act, foster parent, or
22 any of their representatives, on notice to all parties
23 entitled to notice, may file a motion that it is in the best
24 interests of the minor to modify or vacate a temporary
25 custody order on any of the following grounds:
26 (a) It is no longer a matter of immediate and
27 urgent necessity that the minor remain in shelter care;
28 or
29 (b) There is a material change in the circumstances
30 of the natural family from which the minor was removed
31 and the child can be cared for at home without
32 endangering the child's health or safety; or
33 (c) A person not a party to the alleged abuse,
34 neglect or dependency, including a parent, relative or
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1 legal guardian, is capable of assuming temporary custody
2 of the minor; or
3 (d) Services provided by the Department of Children
4 and Family Services or a child welfare agency or other
5 service provider have been successful in eliminating the
6 need for temporary custody and the child can be cared for
7 at home without endangering the child's health or safety.
8 In ruling on the motion, the court shall determine
9 whether it is consistent with the health, safety and best
10 interests of the minor to modify or vacate a temporary
11 custody order.
12 The clerk shall set the matter for hearing not later than
13 14 days after such motion is filed. In the event that the
14 court modifies or vacates a temporary custody order but does
15 not vacate its finding of probable cause, the court may order
16 that appropriate services be continued or initiated in behalf
17 of the minor and his or her family.
18 (10) When the court finds or has found that there is
19 probable cause to believe a minor is an abused minor as
20 described in subsection (2) of Section 2-3 and that there is
21 an immediate and urgent necessity for the abused minor to be
22 placed in shelter care, immediate and urgent necessity shall
23 be presumed for any other minor residing in the same
24 household as the abused minor provided:
25 (a) Such other minor is the subject of an abuse or
26 neglect petition pending before the court; and
27 (b) A party to the petition is seeking shelter care
28 for such other minor.
29 Once the presumption of immediate and urgent necessity
30 has been raised, the burden of demonstrating the lack of
31 immediate and urgent necessity shall be on any party that is
32 opposing shelter care for the other minor.
33 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-582, eff.
34 1-1-97; 89-626, eff. 8-9-96; 90-28, eff. 1-1-98; 90-87, eff.
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1 9-1-97; revised 8-4-97.)
2 (705 ILCS 405/2-12) (from Ch. 37, par. 802-12)
3 Sec. 2-12. Preliminary conferences. (1) The court may
4 authorize the probation officer to confer in a preliminary
5 conference with any person seeking to file a petition under
6 Section 2-13, the prospective respondents and other
7 interested persons concerning the advisability of filing the
8 petition, with a view to adjusting suitable cases without the
9 filing of a petition.
10 The probation officer should schedule a conference
11 promptly except where the State's Attorney insists on court
12 action or where the minor has indicated that he or she will
13 demand a judicial hearing and will not comply with an
14 informal adjustment.
15 (2) In any case of a minor who is in temporary custody,
16 the holding of preliminary conferences does not operate to
17 prolong temporary custody beyond the period permitted by
18 Section 2-9.
19 (3) This Section does not authorize any probation
20 officer to compel any person to appear at any conference,
21 produce any papers, or visit any place.
22 (4) No statement made during a preliminary conference
23 may be admitted into evidence at an adjudicatory hearing or
24 at any proceeding against the minor under the criminal laws
25 of this State prior to his or her conviction thereunder.
26 (5) The probation officer shall promptly formulate a
27 written, non-judicial adjustment plan following the initial
28 conference.
29 (6) Non-judicial adjustment plans include but are not
30 limited to the following:
31 (a) up to 6 months informal supervision within family;
32 (b) up to 6 months informal supervision with a probation
33 officer involved;
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1 (c) up to 6 months informal supervision with release to
2 a person other than parent;
3 (d) referral to special educational, counseling or other
4 rehabilitative social or educational programs;
5 (e) referral to residential treatment programs; and
6 (f) any other appropriate action with consent of the
7 minor and a parent.
8 (7) The factors to be considered by the probation
9 officer in formulating a non-judicial adjustment plan shall
10 be the same as those limited in subsection (4) of Section
11 5-405 5-6.
12 (Source: P.A. 86-639.)
13 (705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
14 Sec. 2-27. Placement; legal custody or guardianship.
15 (1) If the court determines and puts in writing the
16 factual basis supporting the determination of whether the
17 parents, guardian, or legal custodian of a minor adjudged a
18 ward of the court are unfit or are unable, for some reason
19 other than financial circumstances alone, to care for,
20 protect, train or discipline the minor or are unwilling to do
21 so, and that it is in the best interest of the minor to take
22 him from the custody of his parents, guardian or custodian,
23 the court may at this hearing and at any later point:
24 (a) place him in the custody of a suitable relative
25 or other person as legal custodian or guardian;
26 (b) place him under the guardianship of a probation
27 officer;
28 (c) commit him to an agency for care or placement,
29 except an institution under the authority of the
30 Department of Corrections or of the Department of
31 Children and Family Services;
32 (d) commit him to the Department of Children and
33 Family Services for care and service; however, a minor
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1 charged with a criminal offense under the Criminal Code
2 of 1961 or adjudicated delinquent shall not be placed in
3 the custody of or committed to the Department of Children
4 and Family Services by any court, except a minor less
5 than 13 years of age and committed to the Department of
6 Children and Family Services under Section 5-710 5-23 of
7 this Act. The Department shall be given due notice of the
8 pendency of the action and the Guardianship Administrator
9 of the Department of Children and Family Services shall
10 be appointed guardian of the person of the minor.
11 Whenever the Department seeks to discharge a minor from
12 its care and service, the Guardianship Administrator
13 shall petition the court for an order terminating
14 guardianship. The Guardianship Administrator may
15 designate one or more other officers of the Department,
16 appointed as Department officers by administrative order
17 of the Department Director, authorized to affix the
18 signature of the Guardianship Administrator to documents
19 affecting the guardian-ward relationship of children for
20 whom he has been appointed guardian at such times as he
21 is unable to perform the duties of his office. The
22 signature authorization shall include but not be limited
23 to matters of consent of marriage, enlistment in the
24 armed forces, legal proceedings, adoption, major medical
25 and surgical treatment and application for driver's
26 license. Signature authorizations made pursuant to the
27 provisions of this paragraph shall be filed with the
28 Secretary of State and the Secretary of State shall
29 provide upon payment of the customary fee, certified
30 copies of the authorization to any court or individual
31 who requests a copy.
32 In making a determination under this Section, the court
33 shall also consider whether, based on the best interests of
34 the minor, appropriate services aimed at family preservation
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1 and family reunification have been unsuccessful in rectifying
2 the conditions that have led to a finding of unfitness or
3 inability to care for, protect, train, or discipline the
4 minor, or whether, based on the best interests of the minor,
5 no family preservation or family reunification services would
6 be appropriate.
7 When making a placement, the court, wherever possible,
8 shall require the Department of Children and Family Services
9 to select a person holding the same religious belief as that
10 of the minor or a private agency controlled by persons of
11 like religious faith of the minor and shall require the
12 Department to otherwise comply with Section 7 of the Children
13 and Family Services Act in placing the child. In addition,
14 whenever alternative plans for placement are available, the
15 court shall ascertain and consider, to the extent appropriate
16 in the particular case, the views and preferences of the
17 minor.
18 (2) When a minor is placed with a suitable relative or
19 other person pursuant to item (a) of subsection (1), the
20 court shall appoint him the legal custodian or guardian of
21 the person of the minor. When a minor is committed to any
22 agency, the court shall appoint the proper officer or
23 representative thereof as legal custodian or guardian of the
24 person of the minor. Legal custodians and guardians of the
25 person of the minor have the respective rights and duties set
26 forth in subsection (9) of Section 1-3 except as otherwise
27 provided by order of court; but no guardian of the person may
28 consent to adoption of the minor unless that authority is
29 conferred upon him in accordance with Section 2-29. An agency
30 whose representative is appointed guardian of the person or
31 legal custodian of the minor may place him in any child care
32 facility, but the facility must be licensed under the Child
33 Care Act of 1969 or have been approved by the Department of
34 Children and Family Services as meeting the standards
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1 established for such licensing. No agency may place a minor
2 adjudicated under Sections 2-3 or 2-4 in a child care
3 facility unless the placement is in compliance with the rules
4 and regulations for placement under this Section promulgated
5 by the Department of Children and Family Services under
6 Section 5 of the Children and Family Services Act. Like
7 authority and restrictions shall be conferred by the court
8 upon any probation officer who has been appointed guardian of
9 the person of a minor.
10 (3) No placement by any probation officer or agency
11 whose representative is appointed guardian of the person or
12 legal custodian of a minor may be made in any out of State
13 child care facility unless it complies with the Interstate
14 Compact on the Placement of Children. Placement with a
15 parent, however, is not subject to that Interstate Compact.
16 (4) The clerk of the court shall issue to the legal
17 custodian or guardian of the person a certified copy of the
18 order of court, as proof of his authority. No other process
19 is necessary as authority for the keeping of the minor.
20 (5) Custody or guardianship granted under this Section
21 continues until the court otherwise directs, but not after
22 the minor reaches the age of 19 years except as set forth in
23 Section 2-31.
24 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
25 12-2-94; 89-21, eff. 7-1-95; 89-422; 89-626, eff. 8-9-96.)
26 (705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
27 Sec. 2-28. Court review.
28 (1) The court may require any legal custodian or
29 guardian of the person appointed under this Act to report
30 periodically to the court or may cite him into court and
31 require him or his agency, to make a full and accurate report
32 of his or its doings in behalf of the minor. The custodian
33 or guardian, within 10 days after such citation, shall make
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1 the report, either in writing verified by affidavit or orally
2 under oath in open court, or otherwise as the court directs.
3 Upon the hearing of the report the court may remove the
4 custodian or guardian and appoint another in his stead or
5 restore the minor to the custody of his parents or former
6 guardian or custodian. However, custody of the minor shall
7 not be restored to any parent, guardian or legal custodian in
8 any case in which the minor is found to be neglected or
9 abused under Section 2-3 of this Act, unless it is in the
10 best interests of the minor, and if such neglect or abuse is
11 found by the court under paragraph (2) of Section 2-21 of
12 this Act to be the result of physical abuse inflicted on the
13 minor by such parent, guardian or legal custodian, until such
14 time as an investigation is made as provided in paragraph (5)
15 and a hearing is held on the issue of the fitness of such
16 parent, guardian or legal custodian to care for the minor and
17 the court enters an order that such parent, guardian or legal
18 custodian is fit to care for the minor.
19 (2) Permanency hearings shall be conducted by the court,
20 or by hearing officers appointed or approved by the court in
21 the manner set forth in Section 2-28.1 of this Act.
22 Permanency hearings shall be held every 12 months or more
23 frequently if necessary in the court's determination
24 following the initial permanency hearing, in accordance with
25 the standards set forth in this Section, until the court
26 determines that the plan and goal have been achieved. Once
27 the plan and goal have been achieved, if the minor remains in
28 substitute care, the case shall be reviewed at least every 12
29 months thereafter, subject to the provisions of this Section.
30 Notice in compliance with Sections 2-15 and 2-16 must
31 have been given to all parties-respondent before proceeding
32 to a permanency hearing.
33 The public agency that is the custodian or guardian of
34 the minor, or another agency responsible for the minor's
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1 care, shall ensure that all parties to the permanency
2 hearings are provided a copy of the most recent service plan
3 prepared within the prior 6 months at least 14 days in
4 advance of the hearing. If not contained in the plan, the
5 agency shall also include a report setting forth (i) any
6 special physical, psychological, educational, medical,
7 emotional, or other needs of the minor or his or her family
8 that are relevant to a permanency or placement determination
9 and (ii) for any minor age 16 or over, a written description
10 of the programs and services that will enable the minor to
11 prepare for independent living. If a permanency review
12 hearing has not previously been scheduled by the court, the
13 moving party shall move for the setting of a permanency
14 hearing and the entry of an order within the time frames set
15 forth in this subsection.
16 At the permanency hearing, the court shall determine the
17 future status of the child. The court shall review (i) the
18 appropriateness of the permanency goal, (ii) the
19 appropriateness of the plan to achieve the goal, (iii) the
20 appropriateness of the services contained in the plan and
21 whether those services have been provided, (iv) whether
22 reasonable efforts have been made by all the parties to the
23 service plan to achieve the goal, and (v) whether the plan
24 and goal have been achieved. All evidence relevant to
25 determining these questions, including oral and written
26 reports, may be admitted and may be relied on to the extent
27 of their probative value.
28 In reviewing the permanency goal and the most recent
29 service plan prepared within the prior 6 months, the standard
30 of review to be employed by the court shall be whether the
31 Department of Children and Family Services, in setting the
32 permanency goal and the service plan, abused its discretion
33 in light of the best interests of the child, the permanency
34 alternatives, and the facts in the individual case.
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1 If the plan and goal are found to be appropriate and to
2 have been achieved, the court shall enter orders that are
3 necessary to conform the minor's legal custody and status to
4 those findings.
5 If, after receiving evidence, the court determines that
6 the Department of Children and Family Services abused its
7 discretion in identifying services contained in the plan that
8 are not reasonably calculated to facilitate achievement of
9 the permanency goal, the court shall put in writing the
10 factual basis supporting the determination and enter specific
11 findings based on the evidence. The court also shall enter
12 an order for the Department to develop and implement a new
13 service plan or to implement changes to the current service
14 plan consistent with the court's findings. The new service
15 plan shall be filed with the court and served on all parties
16 within 45 days of the date of the order. The court shall
17 continue the matter until the new service plan is filed.
18 Unless otherwise specifically authorized by law, the court is
19 not empowered under this subsection (2) or under subsection
20 (3) to order specific placements, specific services, or
21 specific service providers to be included in the plan.
22 If, after receiving evidence, the court determines that
23 the Department of Children and Family Services abused its
24 discretion in setting a permanency goal that is not in the
25 best interests of the minor, the court shall enter specific
26 findings in writing based on the evidence. The court also
27 shall enter an order for the Department to set a new
28 permanency goal and to develop and implement a new service
29 plan that is consistent with the court's findings. The new
30 service plan shall be filed with the court and served on all
31 parties within 45 days of the date of the order. The court
32 shall continue the matter until the new service plan is
33 filed.
34 A guardian or custodian appointed by the court pursuant
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1 to this Act shall file updated case plans with the court
2 every 6 months.
3 Rights of wards of the court under this Act are
4 enforceable against any public agency by complaints for
5 relief by mandamus filed in any proceedings brought under
6 this Act.
7 (3) Following the permanency hearing, the court shall
8 enter an order setting forth the following determinations in
9 writing:
10 (a) The future status of the minor, including but
11 not limited to whether the minor should be returned to
12 the parent, should be continued in the care of the
13 Department of Children and Family Services or other
14 agency for a specified period, should be placed for
15 adoption, should be emancipated, or should (because of
16 the minor's special needs or circumstances) be continued
17 in the care of the Department of Children and Family
18 Services or other agency on a permanent or long-term
19 basis, and any orders necessary to conform the minor's
20 legal custody and status to such determination; or
21 (b) if the future status of the minor cannot be
22 achieved immediately, the specific reasons for continuing
23 the minor in the care of the Department of Children and
24 Family Services or other agency for short term placement,
25 and the following determinations:
26 (i) Whether the permanency goal is in the best
27 interests of the minor, or whether the Department of
28 Children and Family Services abused its discretion
29 in setting a goal that is not in the best interests
30 of the minor.
31 (ii) Whether the services required by the
32 court and by any service plan prepared within the
33 prior 6 months have been provided and (A) if so,
34 whether the services were reasonably calculated to
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1 facilitate the achievement of the permanency goal or
2 (B) if not provided, why the services were not
3 provided.
4 (iii) Whether the minor's placement is
5 necessary, and appropriate to the plan and goal,
6 recognizing the right of minors to the least
7 restrictive (most family-like) setting available and
8 in close proximity to the parents' home consistent
9 with the best interest and special needs of the
10 minor and, if the minor is placed out-of-State,
11 whether the out-of-State placement continues to be
12 appropriate and in the best interest of the minor.
13 (iv) Whether, because of any of the findings
14 under subparagraphs (i) through (iii), the
15 Department of Children and Family Services should be
16 ordered to set a new permanency goal or develop and
17 implement a new service plan consistent with such
18 findings.
19 (v) Whether any orders to effectuate the
20 completion of a plan or goal are necessary,
21 including conforming the minor's custody or status
22 to a goal being achieved.
23 Any order entered pursuant to this subsection (3) shall
24 be immediately appealable as a matter of right under Supreme
25 Court Rule 304(b)(1).
26 (4) The minor or any person interested in the minor may
27 apply to the court for a change in custody of the minor and
28 the appointment of a new custodian or guardian of the person
29 or for the restoration of the minor to the custody of his
30 parents or former guardian or custodian. However, custody of
31 the minor shall not be restored to any parent, guardian or
32 legal custodian in any case in which the minor is found to be
33 neglected or abused under Section 2-3 of this Act, unless it
34 is in the best interest of the minor, and if such neglect or
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1 abuse is found by the court under paragraph (2) of Section
2 2-21 of this Act to be the result of physical abuse inflicted
3 on the minor by such parent, guardian or legal custodian,
4 until such time as an investigation is made as provided in
5 paragraph (4) and a hearing is held on the issue of the
6 fitness of such parent, guardian or legal custodian to care
7 for the minor and the court enters an order that such parent,
8 guardian or legal custodian is fit to care for the minor. In
9 the event that the minor has attained 18 years of age and the
10 guardian or custodian petitions the court for an order
11 terminating his guardianship or custody, guardianship or
12 custody shall terminate automatically 30 days after the
13 receipt of the petition unless the court orders otherwise.
14 No legal custodian or guardian of the person may be removed
15 without his consent until given notice and an opportunity to
16 be heard by the court.
17 (5) Whenever a parent, guardian, or legal custodian
18 petitions for restoration of custody of the minor, and the
19 minor was adjudicated neglected or abused as a result of
20 physical abuse, the court shall cause to be made an
21 investigation as to whether the petitioner has ever been
22 charged with or convicted of any criminal offense which would
23 indicate the likelihood of any further physical abuse to the
24 minor. Evidence of such criminal convictions shall be taken
25 into account in determining fitness of the parent, guardian,
26 or legal custodian.
27 (a) Any agency of this State or any subdivision
28 thereof shall co-operate with the agent of the court in
29 providing any information sought in the investigation.
30 (b) The information derived from the investigation
31 and any conclusions or recommendations derived from the
32 information shall be provided to the parent, guardian, or
33 legal custodian seeking restoration of custody prior to
34 the hearing on fitness and the petitioner shall have an
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1 opportunity at the hearing to refute the information or
2 contest its significance.
3 (c) All information obtained from any investigation
4 shall be confidential as provided in Section 5-150 1-10
5 of this Act.
6 (Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
7 12-2-94; 89-17, eff. 5-31-95; 89-21, eff. 7-1-95; 89-626,
8 eff. 8-9-96.)
9 (705 ILCS 405/3-8) (from Ch. 37, par. 803-8)
10 Sec. 3-8. Duty of officer; admissions by minor. (1) A
11 law enforcement officer who takes a minor into custody with a
12 warrant shall immediately make a reasonable attempt to notify
13 the parent or other person legally responsible for the
14 minor's care or the person with whom the minor resides that
15 the minor has been taken into custody and where he or she is
16 being held; and the officer shall without unnecessary delay
17 take the minor to the nearest juvenile police officer
18 designated for such purposes in the county of venue or shall
19 surrender the minor to a juvenile police officer in the city
20 or village where the offense is alleged to have been
21 committed.
22 The minor shall be delivered without unnecessary delay to
23 the court or to the place designated by rule or order of
24 court for the reception of minors. The court may not
25 designate a place of detention for the reception of minors,
26 unless the minor is alleged to be a person described in
27 subsection (3) of Section 5-105 5-3.
28 (2) A law enforcement officer who takes a minor into
29 custody without a warrant under Section 3-7 shall, if the
30 minor is not released, immediately make a reasonable attempt
31 to notify the parent or other person legally responsible for
32 the minor's care or the person with whom the minor resides
33 that the minor has been taken into custody and where the
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1 minor is being held; and the law enforcement officer shall
2 without unnecessary delay take the minor to the nearest
3 juvenile police officer designated for such purposes in the
4 county of venue or shall surrender the minor to a juvenile
5 police officer in the city or village where the offense is
6 alleged to have been committed, or upon determining the true
7 identity of the minor, may release the minor to the parent or
8 other person legally responsible for the minor's care or the
9 person with whom the minor resides, if the minor is taken
10 into custody for an offense which would be a misdemeanor if
11 committed by an adult. If a minor is so released, the law
12 enforcement officer shall promptly notify a juvenile police
13 officer of the circumstances of the custody and release.
14 (3) The juvenile police officer may take one of the
15 following actions:
16 (a) station adjustment with release of the minor;
17 (b) station adjustment with release of the minor to a
18 parent;
19 (c) station adjustment, release of the minor to a
20 parent, and referral of the case to community services;
21 (d) station adjustment, release of the minor to a
22 parent, and referral of the case to community services with
23 informal monitoring by a juvenile police officer;
24 (e) station adjustment and release of the minor to a
25 third person pursuant to agreement of the minor and parents;
26 (f) station adjustment, release of the minor to a third
27 person pursuant to agreement of the minor and parents, and
28 referral of the case to community services;
29 (g) station adjustment, release of the minor to a third
30 person pursuant to agreement of the minor and parent, and
31 referral to community services with informal monitoring by a
32 juvenile police officer;
33 (h) release of the minor to his or her parents and
34 referral of the case to a county juvenile probation officer
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1 or such other public officer designated by the court;
2 (i) release of the minor to school officials of his
3 school during regular school hours;
4 (j) if the juvenile police officer reasonably believes
5 that there is an urgent and immediate necessity to keep the
6 minor in custody, the juvenile police officer shall deliver
7 the minor without unnecessary delay to the court or to the
8 place designated by rule or order of court for the reception
9 of minors; and
10 (k) any other appropriate action with consent of the
11 minor and a parent.
12 (Source: P.A. 86-628.)
13 (705 ILCS 405/3-10) (from Ch. 37, par. 803-10)
14 Sec. 3-10. Investigation; release. When a minor is
15 delivered to the court, or to the place designated by the
16 court under Section 3-9 of this Act, a probation officer or
17 such other public officer designated by the court shall
18 immediately investigate the circumstances of the minor and
19 the facts surrounding his or her being taken into custody.
20 The minor shall be immediately released to the custody of his
21 or her parent, guardian, legal custodian or responsible
22 relative, unless the probation officer or such other public
23 officer designated by the court finds that further shelter
24 care is necessary as provided in Section 3-7. This Section
25 shall in no way be construed to limit Section 5-905 1-7.
26 (Source: P.A. 85-601.)
27 (705 ILCS 405/3-12) (from Ch. 37, par. 803-12)
28 Sec. 3-12. Shelter care hearing. At the appearance of
29 the minor before the court at the shelter care hearing, all
30 witnesses present shall be examined before the court in
31 relation to any matter connected with the allegations made in
32 the petition.
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1 (1) If the court finds that there is not probable cause
2 to believe that the minor is a person requiring authoritative
3 intervention, it shall release the minor and dismiss the
4 petition.
5 (2) If the court finds that there is probable cause to
6 believe that the minor is a person requiring authoritative
7 intervention, the minor, his or her parent, guardian,
8 custodian and other persons able to give relevant testimony
9 shall be examined before the court. After such testimony, the
10 court may enter an order that the minor shall be released
11 upon the request of a parent, guardian or custodian if the
12 parent, guardian or custodian appears to take custody.
13 Custodian shall include any agency of the State which has
14 been given custody or wardship of the child. The Court shall
15 require documentation by representatives of the Department of
16 Children and Family Services or the probation department as
17 to the reasonable efforts that were made to prevent or
18 eliminate the necessity of removal of the minor from his or
19 her home, and shall consider the testimony of any person as
20 to those reasonable efforts. If the court finds that it is a
21 matter of immediate and urgent necessity for the protection
22 of the minor or of the person or property of another that the
23 minor be placed in a shelter care facility, or that he or she
24 is likely to flee the jurisdiction of the court, and further
25 finds that reasonable efforts have been made or good cause
26 has been shown why reasonable efforts cannot prevent or
27 eliminate the necessity of removal of the minor from his or
28 her home, the court may prescribe shelter care and order that
29 the minor be kept in a suitable place designated by the court
30 or in a shelter care facility designated by the Department of
31 Children and Family Services or a licensed child welfare
32 agency; otherwise it shall release the minor from custody. If
33 the court prescribes shelter care, then in placing the minor,
34 the Department or other agency shall, to the extent
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1 compatible with the court's order, comply with Section 7 of
2 the Children and Family Services Act. If the minor is ordered
3 placed in a shelter care facility of the Department of
4 Children and Family Services or a licensed child welfare
5 agency, the court shall, upon request of the Department or
6 other agency, appoint the Department of Children and Family
7 Services Guardianship Administrator or other appropriate
8 agency executive temporary custodian of the minor and the
9 court may enter such other orders related to the temporary
10 custody as it deems fit and proper, including the provision
11 of services to the minor or his family to ameliorate the
12 causes contributing to the finding of probable cause or to
13 the finding of the existence of immediate and urgent
14 necessity. Acceptance of services shall not be considered an
15 admission of any allegation in a petition made pursuant to
16 this Act, nor may a referral of services be considered as
17 evidence in any proceeding pursuant to this Act, except where
18 the issue is whether the Department has made reasonable
19 efforts to reunite the family. In making its findings that
20 reasonable efforts have been made or that good cause has been
21 shown why reasonable efforts cannot prevent or eliminate the
22 necessity of removal of the minor from his or her home, the
23 court shall state in writing its findings concerning the
24 nature of the services that were offered or the efforts that
25 were made to prevent removal of the child and the apparent
26 reasons that such services or efforts could not prevent the
27 need for removal. The parents, guardian, custodian,
28 temporary custodian and minor shall each be furnished a copy
29 of such written findings. The temporary custodian shall
30 maintain a copy of the court order and written findings in
31 the case record for the child.
32 The order together with the court's findings of fact and
33 support thereof shall be entered of record in the court.
34 Once the court finds that it is a matter of immediate and
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1 urgent necessity for the protection of the minor that the
2 minor be placed in a shelter care facility, the minor shall
3 not be returned to the parent, custodian or guardian until
4 the court finds that such placement is no longer necessary
5 for the protection of the minor.
6 (3) If prior to the shelter care hearing for a minor
7 described in Sections 2-3, 2-4, 3-3 and 4-3 the petitioner is
8 unable to serve notice on the party respondent, the shelter
9 care hearing may proceed ex-parte. A shelter care order from
10 an ex-parte hearing shall be endorsed with the date and hour
11 of issuance and shall be filed with the clerk's office and
12 entered of record. The order shall expire after 10 days from
13 the time it is issued unless before its expiration it is
14 renewed, at a hearing upon appearance of the party
15 respondent, or upon an affidavit of the moving party as to
16 all diligent efforts to notify the party respondent by notice
17 as herein prescribed. The notice prescribed shall be in
18 writing and shall be personally delivered to the minor or the
19 minor's attorney and to the last known address of the other
20 person or persons entitled to notice. The notice shall also
21 state the nature of the allegations, the nature of the order
22 sought by the State, including whether temporary custody is
23 sought, and the consequences of failure to appear; and shall
24 explain the right of the parties and the procedures to vacate
25 or modify a shelter care order as provided in this Section.
26 The notice for a shelter care hearing shall be substantially
27 as follows:
28 NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING
29 On ................ at ........., before the Honorable
30 ................, (address:) ................., the State of
31 Illinois will present evidence (1) that (name of child or
32 children) ....................... are abused, neglected or
33 dependent for the following reasons:
34 .............................................................
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1 and (2) that there is "immediate and urgent necessity" to
2 remove the child or children from the responsible relative.
3 YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
4 PLACEMENT of the child or children in foster care until a
5 trial can be held. A trial may not be held for up to 90
6 days.
7 At the shelter care hearing, parents have the following
8 rights:
9 1. To ask the court to appoint a lawyer if they
10 cannot afford one.
11 2. To ask the court to continue the hearing to
12 allow them time to prepare.
13 3. To present evidence concerning:
14 a. Whether or not the child or children were
15 abused, neglected or dependent.
16 b. Whether or not there is "immediate and
17 urgent necessity" to remove the child from home
18 (including: their ability to care for the child,
19 conditions in the home, alternative means of
20 protecting the child other than removal).
21 c. The best interests of the child.
22 4. To cross examine the State's witnesses.
23 The Notice for rehearings shall be substantially as
24 follows:
25 NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
26 TO REHEARING ON TEMPORARY CUSTODY
27 If you were not present at and did not have adequate
28 notice of the Shelter Care Hearing at which temporary custody
29 of ............... was awarded to ................, you have
30 the right to request a full rehearing on whether the State
31 should have temporary custody of ................. To
32 request this rehearing, you must file with the Clerk of the
33 Juvenile Court (address): ........................, in person
34 or by mailing a statement (affidavit) setting forth the
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1 following:
2 1. That you were not present at the shelter care
3 hearing.
4 2. That you did not get adequate notice (explaining
5 how the notice was inadequate).
6 3. Your signature.
7 4. Signature must be notarized.
8 The rehearing should be scheduled within one day of your
9 filing this affidavit.
10 At the rehearing, your rights are the same as at the
11 initial shelter care hearing. The enclosed notice explains
12 those rights.
13 At the Shelter Care Hearing, children have the following
14 rights:
15 1. To have a guardian ad litem appointed.
16 2. To be declared competent as a witness and to
17 present testimony concerning:
18 a. Whether they are abused, neglected or
19 dependent.
20 b. Whether there is "immediate and urgent
21 necessity" to be removed from home.
22 c. Their best interests.
23 3. To cross examine witnesses for other parties.
24 4. To obtain an explanation of any proceedings and
25 orders of the court.
26 (4) If the parent, guardian, legal custodian,
27 responsible relative, or counsel of the minor did not have
28 actual notice of or was not present at the shelter care
29 hearing, he or she may file an affidavit setting forth these
30 facts, and the clerk shall set the matter for rehearing not
31 later than 48 hours, excluding Sundays and legal holidays,
32 after the filing of the affidavit. At the rehearing, the
33 court shall proceed in the same manner as upon the original
34 hearing.
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1 (5) Only when there is reasonable cause to believe that
2 the minor taken into custody is a person described in
3 subsection (3) of Section 5-105 5-3 may the minor be kept or
4 detained in a detention home or county or municipal jail.
5 This Section shall in no way be construed to limit subsection
6 (6).
7 (6) No minor under 16 years of age may be confined in a
8 jail or place ordinarily used for the confinement of
9 prisoners in a police station. Minors under 17 years of age
10 must be kept separate from confined adults and may not at any
11 time be kept in the same cell, room, or yard with adults
12 confined pursuant to the criminal law.
13 (7) If the minor is not brought before a judicial
14 officer within the time period specified in Section 3-11, the
15 minor must immediately be released from custody.
16 (8) If neither the parent, guardian or custodian appears
17 within 24 hours to take custody of a minor released upon
18 request pursuant to subsection (2) of this Section, then the
19 clerk of the court shall set the matter for rehearing not
20 later than 7 days after the original order and shall issue a
21 summons directed to the parent, guardian or custodian to
22 appear. At the same time the probation department shall
23 prepare a report on the minor. If a parent, guardian or
24 custodian does not appear at such rehearing, the judge may
25 enter an order prescribing that the minor be kept in a
26 suitable place designated by the Department of Children and
27 Family Services or a licensed child welfare agency.
28 (9) Notwithstanding any other provision of this Section,
29 any interested party, including the State, the temporary
30 custodian, an agency providing services to the minor or
31 family under a service plan pursuant to Section 8.2 of the
32 Abused and Neglected Child Reporting Act, foster parent, or
33 any of their representatives, on notice to all parties
34 entitled to notice, may file a motion to modify or vacate a
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1 temporary custody order on any of the following grounds:
2 (a) It is no longer a matter of immediate and
3 urgent necessity that the minor remain in shelter care;
4 or
5 (b) There is a material change in the circumstances
6 of the natural family from which the minor was removed;
7 or
8 (c) A person, including a parent, relative or legal
9 guardian, is capable of assuming temporary custody of the
10 minor; or
11 (d) Services provided by the Department of Children
12 and Family Services or a child welfare agency or other
13 service provider have been successful in eliminating the
14 need for temporary custody.
15 The clerk shall set the matter for hearing not later than
16 14 days after such motion is filed. In the event that the
17 court modifies or vacates a temporary custody order but does
18 not vacate its finding of probable cause, the court may order
19 that appropriate services be continued or initiated in behalf
20 of the minor and his or her family.
21 (Source: P.A. 89-422.)
22 (705 ILCS 405/3-14) (from Ch. 37, par. 803-14)
23 Sec. 3-14. Preliminary conferences. (1) The court may
24 authorize the probation officer to confer in a preliminary
25 conference with any person seeking to file a petition under
26 Section 3-15, the prospective respondents and other
27 interested persons concerning the advisability of filing the
28 petition, with a view to adjusting suitable cases without the
29 filing of a petition.
30 The probation officer should schedule a conference
31 promptly except where the State's Attorney insists on court
32 action or where the minor has indicated that he or she will
33 demand a judicial hearing and will not comply with an
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1 informal adjustment.
2 (2) In any case of a minor who is in temporary custody,
3 the holding of preliminary conferences does not operate to
4 prolong temporary custody beyond the period permitted by
5 Section 3-11.
6 (3) This Section does not authorize any probation
7 officer to compel any person to appear at any conference,
8 produce any papers, or visit any place.
9 (4) No statement made during a preliminary conference
10 may be admitted into evidence at an adjudicatory hearing or
11 at any proceeding against the minor under the criminal laws
12 of this State prior to his or her conviction thereunder.
13 (5) The probation officer shall promptly formulate a
14 written, non-judicial adjustment plan following the initial
15 conference.
16 (6) Non-judicial adjustment plans include but are not
17 limited to the following:
18 (a) up to 6 months informal supervision within family;
19 (b) up to 6 months informal supervision with a probation
20 officer involved;
21 (c) up to 6 months informal supervision with release to
22 a person other than parent;
23 (d) referral to special educational, counseling or other
24 rehabilitative social or educational programs;
25 (e) referral to residential treatment programs; and
26 (f) any other appropriate action with consent of the
27 minor and a parent.
28 (7) The factors to be considered by the probation
29 officer in formulating a written non-judicial adjustment plan
30 shall be the same as those limited in subsection (4) of
31 Section 5-405 5-6.
32 (Source: P.A. 86-639.)
33 (705 ILCS 405/4-9) (from Ch. 37, par. 804-9)
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1 Sec. 4-9. Shelter care hearing. At the appearance of
2 the minor before the court at the shelter care hearing, all
3 witnesses present shall be examined before the court in
4 relation to any matter connected with the allegations made in
5 the petition.
6 (1) If the court finds that there is not probable cause
7 to believe that the minor is addicted, it shall release the
8 minor and dismiss the petition.
9 (2) If the court finds that there is probable cause to
10 believe that the minor is addicted, the minor, his or her
11 parent, guardian, custodian and other persons able to give
12 relevant testimony shall be examined before the court. After
13 such testimony, the court may enter an order that the minor
14 shall be released upon the request of a parent, guardian or
15 custodian if the parent, guardian or custodian appears to
16 take custody and agrees to abide by a court order which
17 requires the minor and his or her parent, guardian, or legal
18 custodian to complete an evaluation by an entity licensed by
19 the Department of Human Services, as the successor to the
20 Department of Alcoholism and Substance Abuse, and complete
21 any treatment recommendations indicated by the assessment.
22 Custodian shall include any agency of the State which has
23 been given custody or wardship of the child.
24 The Court shall require documentation by representatives
25 of the Department of Children and Family Services or the
26 probation department as to the reasonable efforts that were
27 made to prevent or eliminate the necessity of removal of the
28 minor from his or her home, and shall consider the testimony
29 of any person as to those reasonable efforts. If the court
30 finds that it is a matter of immediate and urgent necessity
31 for the protection of the minor or of the person or property
32 of another that the minor be or placed in a shelter care
33 facility or that he or she is likely to flee the jurisdiction
34 of the court, and further, finds that reasonable efforts have
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1 been made or good cause has been shown why reasonable efforts
2 cannot prevent or eliminate the necessity of removal of the
3 minor from his or her home, the court may prescribe shelter
4 care and order that the minor be kept in a suitable place
5 designated by the court or in a shelter care facility
6 designated by the Department of Children and Family Services
7 or a licensed child welfare agency, or in a facility or
8 program licensed designated by the Department of Human
9 Services for shelter and treatment services; otherwise it
10 shall release the minor from custody. If the court
11 prescribes shelter care, then in placing the minor, the
12 Department or other agency shall, to the extent compatible
13 with the court's order, comply with Section 7 of the Children
14 and Family Services Act. If the minor is ordered placed in a
15 shelter care facility of the Department of Children and
16 Family Services or a licensed child welfare agency, or in a
17 facility or program licensed designated by the Department of
18 Human Services for shelter and treatment services, the court
19 shall, upon request of the appropriate Department or other
20 agency, appoint the Department of Children and Family
21 Services Guardianship Administrator or other appropriate
22 agency executive temporary custodian of the minor and the
23 court may enter such other orders related to the temporary
24 custody as it deems fit and proper, including the provision
25 of services to the minor or his family to ameliorate the
26 causes contributing to the finding of probable cause or to
27 the finding of the existence of immediate and urgent
28 necessity. Acceptance of services shall not be considered an
29 admission of any allegation in a petition made pursuant to
30 this Act, nor may a referral of services be considered as
31 evidence in any proceeding pursuant to this Act, except where
32 the issue is whether the Department has made reasonable
33 efforts to reunite the family. In making its findings that
34 reasonable efforts have been made or that good cause has been
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1 shown why reasonable efforts cannot prevent or eliminate the
2 necessity of removal of the minor from his or her home, the
3 court shall state in writing its findings concerning the
4 nature of the services that were offered or the efforts that
5 were made to prevent removal of the child and the apparent
6 reasons that such services or efforts could not prevent the
7 need for removal. The parents, guardian, custodian,
8 temporary custodian and minor shall each be furnished a copy
9 of such written findings. The temporary custodian shall
10 maintain a copy of the court order and written findings in
11 the case record for the child. The order together with the
12 court's findings of fact in support thereof shall be entered
13 of record in the court.
14 Once the court finds that it is a matter of immediate and
15 urgent necessity for the protection of the minor that the
16 minor be placed in a shelter care facility, the minor shall
17 not be returned to the parent, custodian or guardian until
18 the court finds that such placement is no longer necessary
19 for the protection of the minor.
20 (3) If neither the parent, guardian, legal custodian,
21 responsible relative nor counsel of the minor has had actual
22 notice of or is present at the shelter care hearing, he or
23 she may file his or her affidavit setting forth these facts,
24 and the clerk shall set the matter for rehearing not later
25 than 24 hours, excluding Sundays and legal holidays, after
26 the filing of the affidavit. At the rehearing, the court
27 shall proceed in the same manner as upon the original
28 hearing.
29 (4) If the minor is not brought before a judicial
30 officer within the time period as specified in Section 4-8,
31 the minor must immediately be released from custody.
32 (5) Only when there is reasonable cause to believe that
33 the minor taken into custody is a person described in
34 subsection (3) of Section 5-105 5-3 may the minor be kept or
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1 detained in a detention home or county or municipal jail.
2 This Section shall in no way be construed to limit subsection
3 (6).
4 (6) No minor under 16 years of age may be confined in a
5 jail or place ordinarily used for the confinement of
6 prisoners in a police station. Minors under 17 years of age
7 must be kept separate from confined adults and may not at any
8 time be kept in the same cell, room or yard with adults
9 confined pursuant to the criminal law.
10 (7) If neither the parent, guardian or custodian appears
11 within 24 hours to take custody of a minor released upon
12 request pursuant to subsection (2) of this Section, then the
13 clerk of the court shall set the matter for rehearing not
14 later than 7 days after the original order and shall issue a
15 summons directed to the parent, guardian or custodian to
16 appear. At the same time the probation department shall
17 prepare a report on the minor. If a parent, guardian or
18 custodian does not appear at such rehearing, the judge may
19 enter an order prescribing that the minor be kept in a
20 suitable place designated by the Department of Children and
21 Family Services or a licensed child welfare agency.
22 (8) Any interested party, including the State, the
23 temporary custodian, an agency providing services to the
24 minor or family under a service plan pursuant to Section 8.2
25 of the Abused and Neglected Child Reporting Act, foster
26 parent, or any of their representatives, may file a motion to
27 modify or vacate a temporary custody order on any of the
28 following grounds:
29 (a) It is no longer a matter of immediate and
30 urgent necessity that the minor remain in shelter care;
31 or
32 (b) There is a material change in the circumstances
33 of the natural family from which the minor was removed;
34 or
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1 (c) A person, including a parent, relative or legal
2 guardian, is capable of assuming temporary custody of the
3 minor; or
4 (d) Services provided by the Department of Children
5 and Family Services or a child welfare agency or other
6 service provider have been successful in eliminating the
7 need for temporary custody.
8 The clerk shall set the matter for hearing not later than
9 14 days after such motion is filed. In the event that the
10 court modifies or vacates a temporary custody order but does
11 not vacate its finding of probable cause, the court may order
12 that appropriate services be continued or initiated in behalf
13 of the minor and his or her family.
14 (Source: P.A. 89-422; 89-507, eff. 7-1-97.)
15 (705 ILCS 405/4-11) (from Ch. 37, par. 804-11)
16 Sec. 4-11. Preliminary conferences.
17 (1) The court may authorize the probation officer to
18 confer in a preliminary conference with any person seeking to
19 file a petition under this Article, the prospective
20 respondents and other interested persons concerning the
21 advisability of filing the petition, with a view to adjusting
22 suitable cases without the filing of a petition as provided
23 for herein.
24 The probation officer should schedule a conference
25 promptly except where the State's Attorney insists on court
26 action or where the minor has indicated that he or she will
27 demand a judicial hearing and will not comply with an
28 informal adjustment.
29 (2) In any case of a minor who is in temporary custody,
30 the holding of preliminary conferences does not operate to
31 prolong temporary custody beyond the period permitted by
32 Section 4-8.
33 (3) This Section does not authorize any probation
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1 officer to compel any person to appear at any conference,
2 produce any papers, or visit any place.
3 (4) No statement made during a preliminary conference
4 may be admitted into evidence at an adjudicatory hearing or
5 at any proceeding against the minor under the criminal laws
6 of this State prior to his or her conviction thereunder.
7 (5) The probation officer shall promptly formulate a
8 written non-judicial adjustment plan following the initial
9 conference.
10 (6) Non-judicial adjustment plans include but are not
11 limited to the following:
12 (a) up to 6 months informal supervision within the
13 family;
14 (b) up to 12 months informal supervision with a
15 probation officer involved;
16 (c) up to 6 months informal supervision with
17 release to a person other than a parent;
18 (d) referral to special educational, counseling or
19 other rehabilitative social or educational programs;
20 (e) referral to residential treatment programs; and
21 (f) any other appropriate action with consent of
22 the minor and a parent.
23 (7) The factors to be considered by the probation
24 officer in formulating a written non-judicial adjustment plan
25 shall be the same as those limited in subsection (4) of
26 Section 5-405 5-6.
27 (Source: P.A. 89-198, eff. 7-21-95.)
28 (705 ILCS 405/Art. V, Part 1 heading new)
29 PART 1. GENERAL PROVISIONS
30 (705 ILCS 405/5-101 new)
31 Sec. 5-101. Purpose and policy.
32 (1) It is the intent of the General Assembly to promote
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1 a juvenile justice system capable of dealing with the problem
2 of juvenile delinquency, a system that will protect the
3 community, impose accountability for violations of law and
4 equip juvenile offenders with competencies to live
5 responsibly and productively. To effectuate this intent, the
6 General Assembly declares the following to be important
7 purposes of this Article:
8 (a) To protect citizens from juvenile crime.
9 (b) To hold each juvenile offender directly
10 accountable for his or her acts.
11 (c) To provide an individualized assessment of each
12 alleged and adjudicated delinquent juvenile, in order to
13 rehabilitate and to prevent further delinquent behavior
14 through the development of competency in the juvenile
15 offender. As used in this Section, "competency" means
16 the development of educational, vocational, social,
17 emotional and basic life skills which enable a minor to
18 mature into a productive member of society.
19 (d) To provide due process, as required by the
20 Constitutions of the United States and the State of
21 Illinois, through which each juvenile offender and all
22 other interested parties are assured fair hearings at
23 which legal rights are recognized and enforced.
24 (2) To accomplish these goals, juvenile justice policies
25 developed pursuant to this Article shall be designed to:
26 (a) Promote the development and implementation of
27 community-based programs designed to prevent unlawful and
28 delinquent behavior and to effectively minimize the depth
29 and duration of the minor's involvement in the juvenile
30 justice system;
31 (b) Provide secure confinement for minors who
32 present a danger to the community and make those minors
33 understand that sanctions for serious crimes,
34 particularly violent felonies, should be commensurate
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1 with the seriousness of the offense and merit strong
2 punishment;
3 (c) Protect the community from crimes committed by
4 minors;
5 (d) Provide programs and services that are
6 community-based and that are in close proximity to the
7 minor's home;
8 (e) Allow minors to reside within their homes
9 whenever possible and appropriate and provide support
10 necessary to make this possible;
11 (f) Base probation treatment planning upon
12 individual case management plans;
13 (g) Include the minor's family in the case
14 management plan;
15 (h) Provide supervision and service coordination
16 where appropriate; implement and monitor the case
17 management plan in order to discourage recidivism;
18 (i) Provide post-release services to minors who are
19 returned to their families and communities after
20 detention;
21 (j) Hold minors accountable for their unlawful
22 behavior and not allow minors to think that their
23 delinquent acts have no consequence for themselves and
24 others.
25 (3) In all procedures under this Article, minors shall
26 have all the procedural rights of adults in criminal
27 proceedings, unless specifically precluded by laws that
28 enhance the protection of such minors. Minors shall not have
29 the right to a jury trial unless specifically provided by
30 this Article.
31 (705 ILCS 405/5-105 new)
32 Sec. 5-105. Definitions. As used in this Article:
33 (1) "Court" means the circuit court in a session or
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1 division assigned to hear proceedings under this Act, and
2 includes the term Juvenile Court.
3 (2) "Community service" means uncompensated labor for a
4 community service agency as hereinafter defined.
5 (2.5) "Community service agency" means a not-for-profit
6 organization, community organization, public office, or other
7 public body whose purpose is to enhance the physical, or
8 mental health of a delinquent minor or to rehabilitate the
9 minor, or to improve the environmental quality or social
10 welfare of the community which agrees to accept community
11 service from juvenile delinquents and to report on the
12 progress of the community service to the State's Attorney
13 pursuant to an agreement or to the court or to any agency
14 designated by the court if so ordered.
15 (3) "Delinquent minor" means any minor who prior to his
16 or her 17th birthday has violated or attempted to violate,
17 regardless of where the act occurred, any federal or State
18 law, county or municipal ordinance.
19 (4) "Department" means the Department of Human Services
20 unless specifically referenced as another department.
21 (5) "Detention" means the temporary care of a minor who
22 is alleged to be or has been adjudicated delinquent and who
23 requires secure custody for the minor's own protection or the
24 community's protection in a facility designed to physically
25 restrict the minor's movements, pending disposition by the
26 court or execution of an order of the court for placement or
27 commitment. Design features that physically restrict
28 movement include, but are not limited to, locked rooms and
29 the secure handcuffing of a minor to a rail or other
30 stationary object. In addition, "detention" includes the
31 court ordered care of an alleged or adjudicated delinquent
32 minor who requires secure custody pursuant to Section 5-125
33 of this Act.
34 (6) "Diversion" means the referral of a juvenile,
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1 without court intervention, into a program that provides
2 services designed to educate the juvenile and develop a
3 productive and responsible approach to living in the
4 community.
5 (7) "Juvenile detention home" means a public facility
6 with specially trained staff that conforms to the county
7 juvenile detention standards promulgated by the Department of
8 Corrections.
9 (8) "Juvenile justice continuum" means a set of
10 delinquency prevention programs and services designed for the
11 purpose of preventing or reducing delinquent acts, including
12 criminal activity by youth gangs, as well as intervention,
13 rehabilitation, and prevention services targeted at minors
14 who have committed delinquent acts, and minors who have
15 previously been committed to residential treatment programs
16 for delinquents. The term includes
17 children-in-need-of-services and families-in-need-of-services
18 programs; aftercare and reentry services; substance abuse and
19 mental health programs; community service programs; community
20 service work programs; and alternative-dispute resolution
21 programs serving youth-at-risk of delinquency and their
22 families, whether offered or delivered by State or local
23 governmental entities, public or private for-profit or
24 not-for-profit organizations, or religious or charitable
25 organizations. This term would also encompass any program or
26 service consistent with the purpose of those programs and
27 services enumerated in this subsection.
28 (9) "Juvenile police officer" means a sworn police
29 officer who has completed a Basic Recruit Training Course,
30 has been assigned to the position of juvenile police officer
31 by his or her chief law enforcement officer and has completed
32 the necessary juvenile officers training as prescribed by the
33 Illinois Law Enforcement Training Standards Board, or in the
34 case of a State police officer, juvenile officer training
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1 approved by the Director of State Police.
2 (10) "Minor" means a person under the age of 21 years
3 subject to this Act.
4 (11) "Non-secure custody" means confinement where the
5 minor is not physically restricted by being placed in a
6 locked cell or room, by being handcuffed to a rail or other
7 stationary object, or by other means. Non-secure custody may
8 include, but is not limited to, electronic monitoring, foster
9 home placement, home confinement, group home placement, or
10 physical restriction of movement or activity solely through
11 facility staff.
12 (12) "Public or community service" means uncompensated
13 labor for a non-profit organization or public body whose
14 purpose is to enhance physical or mental stability of the
15 offender, environmental quality or the social welfare and
16 which agrees to accept public or community service from
17 offenders and to report on the progress of the offender and
18 the public or community service to the court.
19 (13) "Sentencing hearing" means a hearing to determine
20 whether a minor should be adjudged a ward of the court, and
21 to determine what sentence should be imposed on the minor.
22 It is the intent of the General Assembly that the term
23 "sentencing hearing" replace the term "dispositional hearing"
24 and be synonymous with that definition as it was used in the
25 Juvenile Court Act of 1987.
26 (14) Shelter. "Shelter" means the temporary care of a
27 minor in physically unrestricting facilities pending court
28 disposition or execution of court order for placement.
29 (15) "Site" means a non-profit organization or public
30 body agreeing to accept community service from offenders and
31 to report on the progress of ordered public or community
32 service to the court or its delegate.
33 (16) "Station adjustment" means the informal or formal
34 handling of an alleged offender by a juvenile police officer.
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1 (17) "Trial" means a hearing to determine whether the
2 allegations of a petition under Section 5-520 that a minor is
3 delinquent are proved beyond a reasonable doubt. It is the
4 intent of the General Assembly that the term "trial" replace
5 the term "adjudicatory hearing" and be synonymous with that
6 definition as it was used in the Juvenile Court Act of 1987.
7 (705 ILCS 405/5-110 new)
8 Sec. 5-110. Parental responsibility. This Article
9 recognizes the critical role families play in the
10 rehabilitation of delinquent juveniles. Parents, guardians
11 and legal custodians shall participate in the assessment and
12 treatment of juveniles by assisting the juvenile to recognize
13 and accept responsibility for his or her delinquent behavior.
14 The Court may order the parents, guardian or legal custodian
15 to take certain actions or to refrain from certain actions to
16 serve public safety, to develop competency of the minor, and
17 to promote accountability by the minor for his or her
18 actions.
19 (705 ILCS 405/5-115 new)
20 Sec. 5-115. Rights of victims. In all proceedings under
21 this Article, victims shall have the same rights of victims
22 in criminal proceedings as provided in the Bill of Rights for
23 Children and the Rights of Crime Victims and Witnesses Act.
24 (705 ILCS 405/5-120 new)
25 Sec. 5-120. Exclusive jurisdiction. Proceedings may be
26 instituted under the provisions of this Article concerning
27 any minor who prior to the minor's 17th birthday has violated
28 or attempted to violate, regardless of where the act
29 occurred, any federal or State law or municipal or county
30 ordinance. Except as provided in Sections 5-125, 5-130,
31 5-805, and 5-810 of this Article, no minor who was under 17
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1 years of age at the time of the alleged offense may be
2 prosecuted under the criminal laws of this State.
3 (705 ILCS 405/5-125 new)
4 Sec. 5-125. Concurrent jurisdiction. Any minor alleged
5 to have violated a traffic, boating, or fish and game law, or
6 a municipal or county ordinance, may be prosecuted for the
7 violation and if found guilty punished under any statute or
8 ordinance relating to the violation, without reference to the
9 procedures set out in this Article, except that any
10 detention, must be in compliance with this Article.
11 For the purpose of this Section, "traffic violation"
12 shall include a violation of Section 9-3 of the Criminal
13 Code of 1961 relating to the offense of reckless homicide,
14 Section 11-501 of the Illinois Vehicle Code, or any similar
15 county or municipal ordinance.
16 (705 ILCS 405/5-130 new)
17 Sec. 5-130. Excluded jurisdiction.
18 (1)(a) The definition of delinquent minor under Section
19 5-120 of this Article shall not apply to any minor who at the
20 time of an offense was at least 15 years of age and who is
21 charged with first degree murder, aggravated criminal sexual
22 assault, armed robbery when the armed robbery was committed
23 with a firearm, or aggravated vehicular hijacking when the
24 hijacking was committed with a firearm. These charges and all
25 other charges arising out of the same incident shall be
26 prosecuted under the criminal laws of this State.
27 (b) (i) If before trial or plea an information or
28 indictment is filed that does not charge an offense specified
29 in paragraph (a) of this subsection (1) the State's Attorney
30 may proceed on any lesser charge or charges, but only in
31 Juvenile Court under the provisions of this Article. The
32 State's Attorney may proceed under the Criminal Code of 1961
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1 on a lesser charge if before trial the minor defendant
2 knowingly and with advice of counsel waives, in writing, his
3 or her right to have the matter proceed in Juvenile Court.
4 (ii) If before trial or plea an information or indictment
5 is filed that includes one or more charges specified in
6 paragraph (a) of this subsection (1) and additional charges
7 that are not specified in that paragraph, all of the charges
8 arising out of the same incident shall be prosecuted under
9 the Criminal Code of 1961.
10 (c) (i) If after trial or plea the minor is convicted of
11 any offense covered by paragraph (a) of this subsection (1),
12 then, in sentencing the minor, the court shall have available
13 any or all dispositions prescribed for that offense under
14 Chapter V of the Unified Code of Corrections.
15 (ii) If after trial or plea the court finds that the
16 minor committed an offense not covered by paragraph (a) of
17 this subsection (1), that finding shall not invalidate the
18 verdict or the prosecution of the minor under the criminal
19 laws of the State; however, unless the State requests a
20 hearing for the purpose of sentencing the minor under Chapter
21 V of the Unified Code of Corrections, the Court must proceed
22 under Sections 5-705 and 5-710 of this Article. To request a
23 hearing, the State must file a written motion within 10 days
24 following the entry of a finding or the return of a verdict.
25 Reasonable notice of the motion shall be given to the minor
26 or his or her counsel. If the motion is made by the State,
27 the court shall conduct a hearing to determine if the minor
28 should be sentenced under Chapter V of the Unified Code of
29 Corrections. In making its determination, the court shall
30 consider: (a) whether there is evidence that the offense was
31 committed in an aggressive and premeditated manner; (b) the
32 age of the minor; (c) the previous history of the minor; (d)
33 whether there are facilities particularly available to the
34 Juvenile Court or the Department of Corrections, Juvenile
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1 Division, for the treatment and rehabilitation of the minor;
2 (e) whether the security of the public requires sentencing
3 under Chapter V of the Unified Code of Corrections; and (f)
4 whether the minor possessed a deadly weapon when committing
5 the offense. The rules of evidence shall be the same as if
6 at trial. If after the hearing the court finds that the
7 minor should be sentenced under Chapter V of the Unified Code
8 of Corrections, then the court shall sentence the minor
9 accordingly having available to it any or all dispositions so
10 prescribed.
11 (2)(a) The definition of a delinquent minor under
12 Section 5-120 of this Article shall not apply to any minor
13 who at the time of the offense was at least 15 years of age
14 and who is charged with an offense under Section 401 of the
15 Illinois Controlled Substances Act, while in a school,
16 regardless of the time of day or the time of year, or any
17 conveyance owned, leased or contracted by a school to
18 transport students to or from school or a school related
19 activity, or residential property owned, operated and managed
20 by a public housing agency, on the real property comprising
21 any school, regardless of the time of day or the time of
22 year, or residential property owned, operated and managed by
23 a public housing agency, or on a public way within 1,000 feet
24 of the real property comprising any school, regardless of the
25 time of day or the time of year, or residential property
26 owned, operated and managed by a public housing agency.
27 School is defined, for the purposes of this Section, as any
28 public or private elementary or secondary school, community
29 college, college, or university. These charges and all other
30 charges arising out of the same incident shall be prosecuted
31 under the criminal laws of this State.
32 (b) (i) If before trial or plea an information or
33 indictment is filed that does not charge an offense specified
34 in paragraph (a) of this subsection (2) the State's Attorney
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1 may proceed on any lesser charge or charges, but only in
2 Juvenile Court under the provisions of this Article. The
3 State's Attorney may proceed under the criminal laws of this
4 State on a lesser charge if before trial the minor defendant
5 knowingly and with advice of counsel waives, in writing, his
6 or her right to have the matter proceed in Juvenile Court.
7 (ii) If before trial or plea an information or indictment
8 is filed that includes one or more charges specified in
9 paragraph (a) of this subsection (2) and additional charges
10 that are not specified in that paragraph, all of the charges
11 arising out of the same incident shall be prosecuted under
12 the criminal laws of this State.
13 (c) (i) If after trial or plea the minor is convicted of
14 any offense covered by paragraph (a) of this subsection (2),
15 then, in sentencing the minor, the court shall have available
16 any or all dispositions prescribed for that offense under
17 Chapter V of the Unified Code of Corrections.
18 (ii) If after trial or plea the court finds that the
19 minor committed an offense not covered by paragraph (a) of
20 this subsection (2), that finding shall not invalidate the
21 verdict or the prosecution of the minor under the criminal
22 laws of the State; however, unless the State requests a
23 hearing for the purpose of sentencing the minor under Chapter
24 V of the Unified Code of Corrections, the Court must proceed
25 under Sections 5-705 and 5-710 of this Article. To request a
26 hearing, the State must file a written motion within 10 days
27 following the entry of a finding or the return of a verdict.
28 Reasonable notice of the motion shall be given to the minor
29 or his or her counsel. If the motion is made by the State,
30 the court shall conduct a hearing to determine if the minor
31 should be sentenced under Chapter V of the Unified Code of
32 Corrections. In making its determination, the court shall
33 consider: (a) whether there is evidence that the offense was
34 committed in an aggressive and premeditated manner; (b) the
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1 age of the minor; (c) the previous history of the minor; (d)
2 whether there are facilities particularly available to the
3 Juvenile Court or the Department of Corrections, Juvenile
4 Division, for the treatment and rehabilitation of the minor;
5 (e) whether the security of the public requires sentencing
6 under Chapter V of the Unified Code of Corrections; and (f)
7 whether the minor possessed a deadly weapon when committing
8 the offense. The rules of evidence shall be the same as if
9 at trial. If after the hearing the court finds that the
10 minor should be sentenced under Chapter V of the Unified Code
11 of Corrections, then the court shall sentence the minor
12 accordingly having available to it any or all dispositions so
13 prescribed.
14 (3) (a) The definition of delinquent minor under Section
15 5-120 of this Article shall not apply to any minor who at the
16 time of the offense was at least 15 years of age and who is
17 charged with a violation of the provisions of paragraph (1),
18 (3), (4), or (10) of subsection (a) of Section 24-1 of the
19 Criminal Code of 1961 while in school, regardless of the time
20 of day or the time of year, or on the real property
21 comprising any school, regardless of the time of day or the
22 time of year. School is defined, for purposes of this Section
23 as any public or private elementary or secondary school,
24 community college, college, or university. These charges and
25 all other charges arising out of the same incident shall be
26 prosecuted under the criminal laws of this State.
27 (b) (i) If before trial or plea an information or
28 indictment is filed that does not charge an offense specified
29 in paragraph (a) of this subsection (3) the State's Attorney
30 may proceed on any lesser charge or charges, but only in
31 Juvenile Court under the provisions of this Article. The
32 State's Attorney may proceed under the criminal laws of this
33 State on a lesser charge if before trial the minor defendant
34 knowingly and with advice of counsel waives, in writing, his
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1 or her right to have the matter proceed in Juvenile Court.
2 (ii) If before trial or plea an information or indictment
3 is filed that includes one or more charges specified in
4 paragraph (a) of this subsection (3) and additional charges
5 that are not specified in that paragraph, all of the charges
6 arising out of the same incident shall be prosecuted under
7 the criminal laws of this State.
8 (c) (i) If after trial or plea the minor is convicted of
9 any offense covered by paragraph (a) of this subsection (3),
10 then, in sentencing the minor, the court shall have available
11 any or all dispositions prescribed for that offense under
12 Chapter V of the Unified Code of Corrections.
13 (ii) If after trial or plea the court finds that the
14 minor committed an offense not covered by paragraph (a) of
15 this subsection (3), that finding shall not invalidate the
16 verdict or the prosecution of the minor under the criminal
17 laws of the State; however, unless the State requests a
18 hearing for the purpose of sentencing the minor under Chapter
19 V of the Unified Code of Corrections, the Court must proceed
20 under Sections 5-705 and 5-710 of this Article. To request a
21 hearing, the State must file a written motion within 10 days
22 following the entry of a finding or the return of a verdict.
23 Reasonable notice of the motion shall be given to the minor
24 or his or her counsel. If the motion is made by the State,
25 the court shall conduct a hearing to determine if the minor
26 should be sentenced under Chapter V of the Unified Code of
27 Corrections. In making its determination, the court shall
28 consider: (a) whether there is evidence that the offense was
29 committed in an aggressive and premeditated manner; (b) the
30 age of the minor; (c) the previous history of the minor; (d)
31 whether there are facilities particularly available to the
32 Juvenile Court or the Department of Corrections, Juvenile
33 Division, for the treatment and rehabilitation of the minor;
34 (e) whether the security of the public requires sentencing
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1 under Chapter V of the Unified Code of Corrections; and (f)
2 whether the minor possessed a deadly weapon when committing
3 the offense. The rules of evidence shall be the same as if
4 at trial. If after the hearing the court finds that the
5 minor should be sentenced under Chapter V of the Unified Code
6 of Corrections, then the court shall sentence the minor
7 accordingly having available to it any or all dispositions so
8 prescribed.
9 (4)(a) The definition of delinquent minor under Section
10 5-120 of this Article shall not apply to any minor who at the
11 time of an offense was at least 13 years of age and who is
12 charged with first degree murder committed during the course
13 of either aggravated criminal sexual assault, criminal sexual
14 assault, or aggravated kidnaping. However, this subsection
15 (4) does not include a minor charged with first degree murder
16 based exclusively upon the accountability provisions of the
17 Criminal Code of 1961.
18 (b) (i) If before trial or plea an information or
19 indictment is filed that does not charge first degree murder
20 committed during the course of aggravated criminal sexual
21 assault, criminal sexual assault, or aggravated kidnaping,
22 the State's Attorney may proceed on any lesser charge or
23 charges, but only in Juvenile Court under the provisions of
24 this Article. The State's Attorney may proceed under the
25 criminal laws of this State on a lesser charge if before
26 trial the minor defendant knowingly and with advice of
27 counsel waives, in writing, his or her right to have the
28 matter proceed in Juvenile Court.
29 (ii) If before trial or plea an information or indictment
30 is filed that includes first degree murder committed during
31 the course of aggravated criminal sexual assault, criminal
32 sexual assault, or aggravated kidnaping, and additional
33 charges that are not specified in paragraph (a) of this
34 subsection, all of the charges arising out of the same
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1 incident shall be prosecuted under the criminal laws of this
2 State.
3 (c) (i) If after trial or plea the minor is convicted of
4 first degree murder committed during the course of aggravated
5 criminal sexual assault, criminal sexual assault, or
6 aggravated kidnaping, in sentencing the minor, the court
7 shall have available any or all dispositions prescribed for
8 that offense under Chapter V of the Unified Code of
9 Corrections.
10 (ii) If the minor was not yet 15 years of age at the time
11 of the offense, and if after trial or plea the court finds
12 that the minor committed an offense other than first degree
13 murder committed during the course of either aggravated
14 criminal sexual assault, criminal sexual assault, or
15 aggravated kidnapping, the finding shall not invalidate the
16 verdict or the prosecution of the minor under the criminal
17 laws of the State; however, unless the State requests a
18 hearing for the purpose of sentencing the minor under Chapter
19 V of the Unified Code of Corrections, the Court must proceed
20 under Sections 5-705 and 5-710 of this Article. To request a
21 hearing, the State must file a written motion within 10 days
22 following the entry of a finding or the return of a verdict.
23 Reasonable notice of the motion shall be given to the minor
24 or his or her counsel. If the motion is made by the State,
25 the court shall conduct a hearing to determine whether the
26 minor should be sentenced under Chapter V of the Unified Code
27 of Corrections. In making its determination, the court shall
28 consider: (a) whether there is evidence that the offense was
29 committed in an aggressive and premeditated manner; (b) the
30 age of the minor; (c) the previous delinquent history of the
31 minor; (d) whether there are facilities particularly
32 available to the Juvenile Court or the Department of
33 Corrections, Juvenile Division, for the treatment and
34 rehabilitation of the minor; (e) whether the best interest
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1 of the minor and the security of the public require
2 sentencing under Chapter V of the Unified Code of
3 Corrections; and (f) whether the minor possessed a deadly
4 weapon when committing the offense. The rules of evidence
5 shall be the same as if at trial. If after the hearing the
6 court finds that the minor should be sentenced under Chapter
7 V of the Unified Code of Corrections, then the court shall
8 sentence the minor accordingly having available to it any or
9 all dispositions so prescribed.
10 (5)(a) The definition of delinquent minor under Section
11 5-120 of this Article shall not apply to any minor who is
12 charged with a violation of subsection (a) of Section 31-6 or
13 Section 32-10 of the Criminal Code of 1961 when the minor is
14 subject to prosecution under the criminal laws of this state
15 as a result of the application of the provisions of Section
16 5-125, or subsection (1) or (2) of this Section. These
17 charges and all other charges arising out of the same
18 incident shall be prosecuted under the criminal laws of this
19 State.
20 (b) (i) If before trial or plea an information or
21 indictment is filed that does not charge an offense specified
22 in paragraph (a) of this subsection (5), the State's Attorney
23 may proceed on any lesser charge or charges, but only in
24 Juvenile Court under the provisions of this Article. The
25 State's Attorney may proceed under the criminal laws of this
26 State on a lesser charge if before trial the minor defendant
27 knowingly and with advice of counsel waives, in writing, his
28 or her right to have the matter proceed in Juvenile Court.
29 (ii) If before trial or plea an information or indictment
30 is filed that includes one or more charges specified in
31 paragraph (a) of this subsection (5) and additional charges
32 that are not specified in that paragraph, all of the charges
33 arising out of the same incident shall be prosecuted under
34 the criminal laws of this State.
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1 (c) (i) If after trial or plea the minor is convicted of
2 any offense covered by paragraph (a) of this subsection (5),
3 then, in sentencing the minor, the court shall have available
4 any or all dispositions prescribed for that offense under
5 Chapter V of the Unified Code of Corrections.
6 (ii) If after trial or plea the court finds that the
7 minor committed an offense not covered by paragraph (a) of
8 this subsection (5), the conviction shall not invalidate the
9 verdict or the prosecution of the minor under the criminal
10 laws of this State; however, unless the State requests a
11 hearing for the purpose of sentencing the minor under Chapter
12 V of the Unified Code of Corrections, the Court must proceed
13 under Sections 5-705 and 5-710 of this Article. To request a
14 hearing, the State must file a written motion within 10 days
15 following the entry of a finding or the return of a verdict.
16 Reasonable notice of the motion shall be given to the minor
17 or his or her counsel. If the motion is made by the State,
18 the court shall conduct a hearing to determine if whether the
19 minor should be sentenced under Chapter V of the Unified Code
20 of Corrections. In making its determination, the court shall
21 consider: (a) whether there is evidence that the offense was
22 committed in an aggressive and premeditated manner; (b) the
23 age of the minor; (c) the previous delinquent history of the
24 minor; (d) whether there are facilities particularly
25 available to the Juvenile Court or the Department of
26 Corrections, Juvenile Division, for the treatment and
27 rehabilitation of the minor; (e) whether the security of the
28 public requires sentencing under Chapter V of the Unified
29 Code of Corrections; and (f) whether the minor possessed a
30 deadly weapon when committing the offense. The rules of
31 evidence shall be the same as if at trial. If after the
32 hearing the court finds that the minor should be sentenced
33 under Chapter V of the Unified Code of Corrections, then the
34 court shall sentence the minor accordingly having available
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1 to it any or all dispositions so prescribed.
2 (6) The definition of delinquent minor under Section
3 5-120 of this Article shall not apply to any minor who,
4 pursuant to subsection (1), (2), or (3) or Section 5-805, or
5 5-810, has previously been placed under the jurisdiction of
6 the criminal court and has been convicted of a crime under an
7 adult criminal or penal statute. Such a minor shall be
8 subject to prosecution under the criminal laws of this State.
9 (7) The procedures set out in this Article for the
10 investigation, arrest and prosecution of juvenile offenders
11 shall not apply to minors who are excluded from jurisdiction
12 of the Juvenile Court, except that minors under 17 years of
13 age shall be kept separate from confined adults.
14 (8) Nothing in this Act prohibits or limits the
15 prosecution of any minor for an offense committed on or after
16 his or her 17th birthday even though he or she is at the time
17 of the offense a ward of the court.
18 (9) If an original petition for adjudication of wardship
19 alleges the commission by a minor 13 years of age or over of
20 an act that constitutes a crime under the laws of this State,
21 the minor, with the consent of his or her counsel, may, at
22 any time before commencement of the adjudicatory hearing,
23 file with the court a motion that criminal prosecution be
24 ordered and that the petition be dismissed insofar as the act
25 or acts involved in the criminal proceedings are concerned.
26 If such a motion is filed as herein provided, the court shall
27 enter its order accordingly.
28 (705 ILCS 405/5-135 new)
29 Sec. 5-135. Venue.
30 (1) Venue under this Article lies in the county where
31 the minor resides, where the alleged violation or attempted
32 violation of federal, State, county or municipal ordinance
33 occurred or in the county where the order of the court,
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1 alleged to have been violated by the minor, was made unless
2 subsequent to the order the proceedings have been transferred
3 to another county.
4 (2) If proceedings are commenced in any county other
5 than that of the minor's residence, the court in which the
6 proceedings were initiated may at any time before or after
7 adjudication of wardship transfer the case to the county of
8 the minor's residence by transmitting to the court in that
9 county an authenticated copy of the court record, including
10 all documents, petitions and orders filed in that court, a
11 copy of all reports prepared by the agency providing services
12 to the minor, and the minute orders and docket entries of the
13 court. Transfer in like manner may be made in the event of a
14 change of residence from one county to another of a minor
15 concerning whom proceedings are pending.
16 (705 ILCS 405/5-140 new)
17 Sec. 5-140. Legislative findings.
18 (a) The General Assembly finds that a substantial and
19 disproportionate amount of serious crime is committed by a
20 relatively small number of juvenile offenders, otherwise
21 known as serious habitual offenders. By this amendatory Act
22 of 1998, the General Assembly intends to support the efforts
23 of the juvenile justice system comprised of law enforcement,
24 state's attorneys, probation departments, juvenile courts,
25 social service providers, and schools in the early
26 identification and treatment of habitual juvenile offenders.
27 The General Assembly further supports increased interagency
28 efforts to gather comprehensive data and actively disseminate
29 the data to the agencies in the juvenile justice system to
30 produce more informed decisions by all entities in that
31 system.
32 (b) The General Assembly finds that the establishment of
33 a Serious Habitual Offender Comprehensive Action Program
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1 throughout the State of Illinois is necessary to effectively
2 intensify the supervision of serious habitual juvenile
3 offenders in the community and to enhance current
4 rehabilitative efforts. A cooperative and coordinated
5 multi-disciplinary approach will increase the opportunity for
6 success with juvenile offenders and assist in the development
7 of early intervention strategies.
8 (705 ILCS 405/5-145 new)
9 Sec. 5-145. Cooperation of agencies; Serious Habitual
10 Offender Comprehensive Action Program.
11 (a) The Serious Habitual Offender Comprehensive Action
12 Program (SHOCAP) is a multi-disciplinary interagency case
13 management and information sharing system that enables the
14 juvenile justice system, schools, and social service agencies
15 to make more informed decisions regarding a small number of
16 juveniles who repeatedly commit serious delinquent acts.
17 (b) Each county in the State of Illinois, other than
18 Cook County, may establish a multi-disciplinary agency
19 (SHOCAP) committee. In Cook County, each subcircuit or group
20 of subcircuits may establish a multi-disciplinary agency
21 (SHOCAP) committee. The committee shall consist of
22 representatives from the following agencies: local law
23 enforcement, area school district, state's attorney's office,
24 and court services (probation).
25 The chairman may appoint additional members to the
26 committee as deemed appropriate to accomplish the goals of
27 this program, including, but not limited to, representatives
28 from the juvenile detention center, mental health, the
29 Illinois Department of Children and Family Services,
30 Department of Human Services and community representatives at
31 large.
32 (c) The SHOCAP committee shall adopt, by a majority of
33 the members:
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1 (1) criteria that will identify those who qualify
2 as a serious habitual juvenile offender; and
3 (2) a written interagency information sharing
4 agreement to be signed by the chief executive officer of
5 each of the agencies represented on the committee. The
6 interagency information sharing agreement shall include a
7 provision that requires that all records pertaining to a
8 serious habitual offender (SHO) shall be confidential.
9 Disclosure of information may be made to other staff from
10 member agencies as authorized by the SHOCAP committee for
11 the furtherance of case management and tracking of the
12 SHO. Staff from the member agencies who receive this
13 information shall be governed by the confidentiality
14 provisions of this Act. The staff from the member
15 agencies who will qualify to have access to the SHOCAP
16 information must be limited to those individuals who
17 provide direct services to the SHO or who provide
18 supervision of the SHO.
19 (d) The Chief Juvenile Circuit Judge, or the Chief
20 Circuit Judge, or his or her designee, may issue a
21 comprehensive information sharing court order. The court
22 order shall allow agencies who are represented on the SHOCAP
23 committee and whose chief executive officer has signed the
24 interagency information sharing agreement to provide and
25 disclose information to the SHOCAP committee. The sharing of
26 information will ensure the coordination and cooperation of
27 all agencies represented in providing case management and
28 enhancing the effectiveness of the SHOCAP efforts.
29 (e) Any person or agency who is participating in good
30 faith in the sharing of SHOCAP information under this Act
31 shall have immunity from any liability, civil, criminal, or
32 otherwise, that might result by reason of the type of
33 information exchanged. For the purpose of any proceedings,
34 civil or criminal, the good faith of any person or agency
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1 permitted to share SHOCAP information under this Act shall be
2 presumed.
3 (f) All reports concerning SHOCAP clients made available
4 to members of the SHOCAP committee and all records generated
5 from these reports shall be confidential and shall not be
6 disclosed, except as specifically authorized by this Act or
7 other applicable law. It is a Class A misdemeanor to permit,
8 assist, or encourage the unauthorized release of any
9 information contained in SHOCAP reports or records.
10 (705 ILCS 405/5-150 new)
11 Sec. 5-150. Admissibility of evidence and adjudications
12 in other proceedings.
13 (1) Evidence and adjudications in proceedings under this
14 Act shall be admissible:
15 (a) in subsequent proceedings under this Act
16 concerning the same minor; or
17 (b) in criminal proceedings when the court is to
18 determine the amount of bail, fitness of the defendant or
19 in sentencing under the Unified Code of Corrections; or
20 (c) in proceedings under this Act or in criminal
21 proceedings in which anyone who has been adjudicated
22 delinquent under Section 5-105 is to be a witness
23 including the minor or defendant if he or she testifies,
24 and then only for purposes of impeachment and pursuant to
25 the rules of evidence for criminal trials; or
26 (d) in civil proceedings concerning causes of
27 action arising out of the incident or incidents which
28 initially gave rise to the proceedings under this Act.
29 (2) No adjudication or disposition under this Act shall
30 operate to disqualify a minor from subsequently holding
31 public office nor shall operate as a forfeiture of any right,
32 privilege or right to receive any license granted by public
33 authority.
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1 (3) The court which adjudicated that a minor has
2 committed any offense relating to motor vehicles prescribed
3 in Sections 4-102 and 4-103 of the Illinois Vehicle Code
4 shall notify the Secretary of State of that adjudication and
5 the notice shall constitute sufficient grounds for revoking
6 that minor's driver's license or permit as provided in
7 Section 6-205 of the Illinois Vehicle Code; no minor shall be
8 considered a criminal by reason thereof, nor shall any such
9 adjudication be considered a conviction.
10 (705 ILCS 405/5-155 new)
11 Sec. 5-155. Any weapon in possession of a minor found to
12 be a delinquent under Section 5-105 for an offense involving
13 the use of a weapon or for being in possession of a weapon
14 during the commission of an offense shall be confiscated and
15 disposed of by the juvenile court whether the weapon is the
16 property of the minor or his or her parent or guardian.
17 Disposition of the weapon by the court shall be in accordance
18 with Section 24-6 of the Criminal Code of 1961.
19 (705 ILCS 405/Art. V, Part 2 heading new)
20 PART 2. ADMINISTRATION OF JUVENILE JUSTICE
21 CONTINUUM FOR DELINQUENCY PREVENTION
22 (705 ILCS 405/5-201 new)
23 Sec. 5-201. Legislative declaration. The General
24 Assembly recognizes that, despite the large investment of
25 resources committed to address the needs of the juvenile
26 justice system of this State, cost of juvenile crime
27 continues to drain the State's existing financial capacity,
28 and exacts traumatic and tragic physical, psychological and
29 economic damage to victims. The General Assembly further
30 recognizes that many adults in the criminal justice system
31 were once delinquents in the juvenile justice system. The
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1 General Assembly also recognizes that the most effective
2 juvenile delinquency programs are programs that not only
3 prevent children from entering the juvenile justice system,
4 but also meet local community needs and have substantial
5 community involvement and support. Therefore, it is the
6 belief of the General Assembly that one of the best
7 investments of the scarce resources available to combat crime
8 is in the prevention of delinquency, including prevention of
9 criminal activity by youth gangs. It is the intent of the
10 General Assembly to authorize and encourage each of the
11 counties of the State to establish a comprehensive juvenile
12 justice plan based upon the input of representatives of every
13 affected public or private entity, organization, or group.
14 It is the further intent of the General Assembly that
15 representatives of school systems, the judiciary, law
16 enforcement, and the community acquire a thorough
17 understanding of the role and responsibility that each has in
18 addressing juvenile crime in the community, that the county
19 juvenile justice plan reflect an understanding of the legal
20 and fiscal limits within which the plan must be implemented,
21 and that willingness of the parties to cooperate and
22 collaborate in implementing the plan be explicitly stated.
23 It is the further intent of the General Assembly that county
24 juvenile justice plans form the basis of regional and State
25 juvenile justice plans and that the prevention and treatment
26 resources at the county, regional, and State levels be
27 utilized to the maximum extent possible to implement and
28 further the goals of their respective plans.
29 (705 ILCS 405/Art. V, Part 3 heading new)
30 PART 3. IMMEDIATE INTERVENTION PROCEDURES
31 (705 ILCS 405/5-300 new)
32 Sec. 5-300. Legislative Declaration. The General
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1 Assembly recognizes that a major component of any continuum
2 for delinquency prevention is a series of immediate
3 interaction programs. It is the belief of the General
4 Assembly that each community or group of communities is best
5 suited to develop and implement immediate intervention
6 programs to identify and redirect delinquent youth. The
7 following programs and procedures for immediate intervention
8 are authorized options for communities, and are not intended
9 to be exclusive or mandated.
10 (705 ILCS 405/5-301 new)
11 Sec. 5-301. Station adjustments. A minor arrested for
12 any offense or a violation of a condition of previous station
13 adjustment may receive a station adjustment for that arrest
14 as provided herein. In deciding whether to impose a station
15 adjustment, either informal or formal, a juvenile police
16 officer shall consider the following factors:
17 (A) The seriousness of the alleged offense.
18 (B) The prior history of delinquency of the minor.
19 (C) The age of the minor.
20 (D) The culpability of the minor in committing the
21 alleged offense.
22 (E) Whether the offense was committed in an aggressive
23 or premeditated manner.
24 (F) Whether the minor used or possessed a deadly weapon
25 when committing the alleged offenses.
26 (1) Informal station adjustment.
27 (a) An informal station adjustment is defined as a
28 procedure when a juvenile police officer determines that
29 there is probable cause to believe that the minor has
30 committed an offense.
31 (b) A minor shall receive no more than 3 informal
32 station adjustments statewide for a misdemeanor offense
33 within 3 years without prior approval from the State's
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1 Attorney's Office.
2 (c) A minor shall receive no more than 3 informal
3 station adjustments statewide for a felony offense within
4 3 years without prior approval from the State's
5 Attorney's Office.
6 (d) A minor shall receive a combined total of no
7 more than 5 informal station adjustments statewide during
8 his or her minority.
9 (e) The juvenile police officer may make reasonable
10 conditions of an informal station adjustment which may
11 include but are not limited to:
12 (i) Curfew.
13 (ii) Conditions restricting entry into
14 designated geographical areas.
15 (iii) No contact with specified persons.
16 (iv) School attendance.
17 (v) Community service.
18 (vi) Community mediation.
19 (vii) Teen court or a peer court.
20 (viii) Restitution limited to 90 days.
21 (f) If the minor refuses or fails to abide by the
22 conditions of an informal station adjustment, the
23 juvenile police officer may impose a formal station
24 adjustment or refer the matter to the State's Attorney's
25 Office.
26 (g) An informal station adjustment does not
27 constitute an adjudication of delinquency or a criminal
28 conviction. A record shall be maintained with the
29 Department of State Police for informal station
30 adjustments for offenses that would be a felony if
31 committed by an adult, and may be maintained if the
32 offense would be a misdemeanor.
33 (2) Formal station adjustment.
34 (a) A formal Station adjustment is defined as a
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1 procedure when a juvenile police officer determines that
2 there is probable cause to believe the minor has
3 committed an offense and an admission by the minor of
4 involvement in the offense.
5 (b) The minor and parent, guardian, or legal
6 custodian must agree in writing to the formal station
7 adjustment and must be advised of the consequences of
8 violation of any term of the agreement.
9 (c) The minor and parent, guardian or legal
10 custodian shall be provided a copy of the signed
11 agreement of the formal station adjustment. The
12 agreement shall include:
13 (i) The offense which formed the basis of the
14 formal station adjustment.
15 (ii) An acknowledgment that the terms of the
16 formal station adjustment and the consequences for
17 violation have been explained.
18 (iii) An acknowledgment that the formal
19 station adjustments record may be expunged under
20 Section 5-915 of this Act.
21 (iv) A statement that all parties understand
22 the terms and conditions of formal station
23 adjustment and agree to the formal station
24 adjustment process.
25 (d) Conditions of the formal station adjustment may
26 include, but are not be limited to:
27 (i) The time shall not exceed 120 days.
28 (ii) The minor shall not violate any laws.
29 (iii) The juvenile police officer may require
30 the minor to comply with additional conditions for
31 the formal station adjustment which may include but
32 are not limited to:
33 (a) Attending school.
34 (b) Abiding by a set curfew.
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1 (c) Payment of restitution.
2 (d) Refraining from possessing a firearm
3 or other weapon.
4 (e) Reporting to a police officer at
5 designated times and places, including
6 reporting and verification that the minor is at
7 home at designated hours.
8 (f) Performing up to 25 hours of
9 community service work.
10 (g) Refraining from entering designated
11 geographical areas.
12 (h) Participating in community mediation.
13 (i) Participating in teen court or peer
14 court.
15 (j) Refraining from contact with
16 specified persons.
17 (e) A formal station adjustment does not constitute
18 an adjudication of delinquency or a criminal conviction.
19 A record shall be maintained with the Department of State
20 Police for formal station adjustments.
21 (f) A minor or the minor's parent, guardian, or
22 legal custodian, or both the minor and the minor's
23 parent, guardian, or legal custodian, may refuse a formal
24 station adjustment and have the matter referred for court
25 action or other appropriate action.
26 (g) A minor or the minor's parent, guardian, or
27 legal custodian, or both the minor and the minor's
28 parent, guardian, or legal custodian, may within 30 days
29 of the commencement of the formal station adjustment
30 revoke their consent and have the matter referred for
31 court action or other appropriate action. This
32 revocation must be in writing and personally served upon
33 the police officer or his or her supervisor.
34 (h) The admission of the minor as to involvement in
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1 the offense shall be admissible at further court hearings
2 as long as the statement would be admissible under the
3 rules of evidence.
4 (i) If the minor violates any term or condition of
5 the formal station adjustment the juvenile police officer
6 shall provide written notice of violation to the minor
7 and the minor's parent, guardian, or legal custodian.
8 After consultation with the minor and the minor's parent,
9 guardian, or legal custodian, the juvenile police officer
10 may take any of the following steps upon violation:
11 (i) Warn the minor of consequences of
12 continued violations and continue the formal station
13 adjustment.
14 (ii) Extend the period of the formal station
15 adjustment up to a total of 180 days.
16 (iii) Extend the hours of community service
17 work up to a total of 40 hours.
18 (iv) Terminate the formal station adjustment
19 unsatisfactorily and take no other action.
20 (v) Terminate the formal station adjustment
21 unsatisfactorily and refer the matter to the
22 juvenile court.
23 (j) A minor shall receive no more than 2 formal
24 station adjustments statewide for a felony offense
25 without the State's Attorney's approval within a 3 year
26 period.
27 (k) A minor shall receive no more than 3 formal
28 station adjustments statewide for a misdemeanor offense
29 without the State's Attorney's approval within a 3 year
30 period.
31 (l) The total for formal station adjustment
32 statewide within the period of minority may not exceed 4
33 without the State's Attorney's approval.
34 (m) If the minor is arrested in a jurisdiction
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1 where the minor does not reside, the formal station
2 adjustment may be transferred to the jurisdiction where
3 the minor does reside upon written agreement of that
4 jurisdiction to monitor the formal station adjustment.
5 (3) The juvenile police officer making a station
6 adjustment shall assure that information about any offense
7 which would constitute a felony if committed by an adult and
8 may assure that information about a misdemeanor is
9 transmitted to the Department of State Police.
10 (4) The total number of station adjustments, both formal
11 and informal, shall not exceed 9 without the State's
12 Attorney's approval for any minor arrested anywhere in the
13 state.
14 (705 ILCS 405/5-305 new)
15 Sec. 5-305. Probation adjustment.
16 (1) The court may authorize the probation officer to
17 confer in a preliminary conference with a minor who is
18 alleged to have committed an offense, his or her parent,
19 guardian or legal custodian, the victim, the juvenile police
20 officer, the State's Attorney, and other interested persons
21 concerning the advisability of filing a petition under
22 Section 5-520, with a view to adjusting suitable cases
23 without the filing of a petition as provided for in this
24 Article, the probation officer should schedule a conference
25 promptly except when the State's Attorney insists on court
26 action or when the minor has indicated that he or she will
27 demand a judicial hearing and will not comply with a
28 probation adjustment.
29 (2) This Section does not authorize any probation
30 officer to compel any person to appear at any conference,
31 produce any papers, or visit any place.
32 (3) No statement made during a preliminary conference in
33 regard to the offense that is the subject of the conference
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1 may be admitted into evidence at an adjudicatory hearing or
2 at any proceeding against the minor under the criminal laws
3 of this State prior to his or her conviction under those
4 laws.
5 (4) When a probation adjustment is appropriate, the
6 probation officer shall promptly formulate a written,
7 non-judicial adjustment plan following the initial
8 conference.
9 (5) Non-judicial probation adjustment plans include but
10 are not limited to the following:
11 (a) up to 6 months informal supervision within the
12 family;
13 (b) up to 12 months informal supervision with a
14 probation officer involved;
15 (c) up to 6 months informal supervision with
16 release to a person other than a parent;
17 (d) referral to special educational, counseling, or
18 other rehabilitative social or educational programs;
19 (e) referral to residential treatment programs;
20 (f) participation in a public or community service
21 program or activity; and
22 (g) any other appropriate action with the consent
23 of the minor and a parent.
24 (6) The factors to be considered by the probation
25 officer in formulating a non-judicial probation adjustment
26 plan shall be the same as those limited in subsection (4) of
27 Section 5-405.
28 (7) The probation officer who imposes a probation
29 adjustment plan shall assure that information about an
30 offense which would constitute a felony if committed by an
31 adult, and may assure that information about a misdemeanor
32 offense, is transmitted to the Department of State Police.
33 (705 ILCS 405/5-310 new)
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1 Sec. 5-310. Community mediation program.
2 (1) Program purpose. The purpose of community mediation
3 is to provide a system by which minors who commit delinquent
4 acts may be dealt with in a speedy and informal manner at the
5 community or neighborhood level. The goal is to make the
6 juvenile understand the seriousness of his or her actions and
7 the effect that a crime has on the minor, his or her family,
8 his or her victim and his or her community. In addition, this
9 system offers a method to reduce the ever-increasing
10 instances of delinquent acts while permitting the judicial
11 system to deal effectively with cases that are more serious
12 in nature.
13 (2) Community mediation panels. The State's Attorney, or
14 an entity designated by the State's Attorney, may establish
15 community mediation programs designed to provide citizen
16 participation in addressing juvenile delinquency. The
17 State's Attorney, or his or her designee, shall maintain a
18 list of qualified persons who have agreed to serve as
19 community mediators. To the maximum extent possible, panel
20 membership shall reflect the social-economic, racial and
21 ethnic make-up of the community in which the panel sits. The
22 panel shall consist of members with a diverse background in
23 employment, education and life experience.
24 (3) Community mediation cases.
25 (a) Community mediation programs shall provide one
26 or more community mediation panels to informally hear
27 cases that are referred by a police officer as a station
28 adjustment, or a probation officer as a probation
29 adjustment, or referred by the State's Attorney as a
30 diversion from prosecution.
31 (b) Minors who are offered the opportunity to
32 participate in the program must admit responsibility for
33 the offense to be eligible for the program.
34 (4) Disposition of cases. Subsequent to any hearing
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1 held, the community mediation panel may:
2 (a) Refer the minor for placement in a
3 community-based nonresidential program.
4 (b) Refer the minor or the minor's family to
5 community counseling.
6 (c) Require the minor to perform up to 100 hours of
7 community service.
8 (d) Require the minor to make restitution in money
9 or in kind in a case involving property damage; however,
10 the amount of restitution shall not exceed the amount of
11 actual damage to property.
12 (e) Require the minor and his or her parent,
13 guardian, or legal custodian to undergo an approved
14 screening for substance abuse or use, or both. If the
15 screening indicates a need, a drug and alcohol assessment
16 of the minor and his or her parent, guardian, or legal
17 custodian shall be conducted by an entity licensed by the
18 Department of Human Services, as a successor to the
19 Department of Alcoholism and Substance Abuse. The minor
20 and his or her parent, guardian, or legal custodian shall
21 adhere to and complete all recommendations to obtain drug
22 and alcohol treatment and counseling resulting from the
23 assessment.
24 (f) Require the minor to attend school.
25 (g) Require the minor to attend tutorial sessions.
26 (h) Impose any other restrictions or sanctions that
27 are designed to encourage responsible and acceptable
28 behavior and are agreed upon by the participants of the
29 community mediation proceedings.
30 (5) The agreement shall run no more than 6 months. All
31 community mediation panel members and observers are required
32 to sign the following oath of confidentiality prior to
33 commencing community mediation proceedings:
34 "I solemnly swear or affirm that I will not
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1 divulge, either by words or signs, any information
2 about the case which comes to my knowledge in the
3 course of a community mediation presentation and
4 that I will keep secret all proceedings which may be
5 held in my presence.
6 Further, I understand that if I break
7 confidentiality by telling anyone else the names of
8 community mediation participants, except for
9 information pertaining to the community mediation
10 panelists themselves, or any other specific details
11 of the case which may identify that juvenile, I will
12 no longer be able to serve as a community mediation
13 panel member or observer."
14 (6) The State's Attorney shall adopt rules and
15 procedures governing administration of the program.
16 (705 ILCS 405/5-315 new)
17 Sec. 5-315. Teen court. The county board or corporate
18 authorities of a municipality, or both, may create or
19 contract with a community based organization for teen court
20 programs.
21 (705 ILCS 405/5-325 new)
22 Sec. 5-325. Reports to the State's Attorney. Upon the
23 request of the State's Attorney in the county where it is
24 alleged that a minor has committed a crime, any school or law
25 enforcement agency that has knowledge of those allegations
26 shall forward information or a report concerning the incident
27 to the State's Attorney, provided that the information is not
28 currently protected by any privilege recognized by law or by
29 decision, rule, or order of the Illinois Supreme Court.
30 (705 ILCS 405/5-330 new)
31 Sec. 5-330. State's Attorney's discretion to prosecute.
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1 Nothing in this Article shall divest the authority of the
2 State's Attorney to file appropriate charges for violations
3 of this Article if he or she has probable cause to believe
4 that the violations have occurred.
5 (705 ILCS 405/Art. V, Part 4 heading new)
6 PART 4. ARREST AND CUSTODY
7 (705 ILCS 405/5-401 new)
8 Sec. 5-401. Arrest and taking into custody of a minor.
9 (1) A law enforcement officer may, without a warrant,
10 (a) arrest a minor whom the officer with probable cause
11 believes to be a delinquent minor; or (b) take into custody
12 a minor who has been adjudged a ward of the court and has
13 escaped from any commitment ordered by the court under this
14 Act; or (c) take into custody a minor whom the officer
15 reasonably believes has violated the conditions of probation
16 or supervision ordered by the court.
17 (2) Whenever a petition has been filed under Section
18 5-520 and the court finds that the conduct and behavior of
19 the minor may endanger the health, person, welfare, or
20 property of the minor or others or that the circumstances of
21 his or her home environment may endanger his or her health,
22 person, welfare or property, a warrant may be issued
23 immediately to take the minor into custody.
24 (3) Except for minors accused of violation of an order
25 of the court, any minor accused of any act under federal or
26 State law, or a municipal or county ordinance that would not
27 be illegal if committed by an adult, cannot be placed in a
28 jail, municipal lockup, detention center, or secure
29 correctional facility. Juveniles accused with underage
30 consumption and underage possession of alcohol cannot be
31 placed in a jail, municipal lockup, detention center, or
32 correctional facility.
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1 (705 ILCS 405/5-405 new)
2 Sec. 5-405. Duty of officer; admissions by minor.
3 (1) A law enforcement officer who arrests a minor with a
4 warrant shall immediately make a reasonable attempt to notify
5 the parent or other person legally responsible for the
6 minor's care or the person with whom the minor resides that
7 the minor has been arrested and where he or she is being
8 held. The minor shall be delivered without unnecessary delay
9 to the court or to the place designated by rule or order of
10 court for the reception of minors.
11 (2) A law enforcement officer who arrests a minor
12 without a warrant under Section 5-401 shall, if the minor is
13 not released, immediately make a reasonable attempt to notify
14 the parent or other person legally responsible for the
15 minor's care or the person with whom the minor resides that
16 the minor has been arrested and where the minor is being
17 held; and the law enforcement officer shall without
18 unnecessary delay take the minor to the nearest juvenile
19 police officer designated for these purposes in the county of
20 venue or shall surrender the minor to a juvenile police
21 officer in the city or village where the offense is alleged
22 to have been committed. If a minor is taken into custody for
23 an offense which would be a misdemeanor if committed by an
24 adult, the law enforcement officer, upon determining the true
25 identity of the minor, may release the minor to the parent or
26 other person legally responsible for the minor's care or the
27 person with whom the minor resides. If a minor is so
28 released, the law enforcement officer shall promptly notify a
29 juvenile police officer of the circumstances of the custody
30 and release.
31 (3) The juvenile police officer may take one of the
32 following actions:
33 (a) station adjust the minor and release the minor,
34 pursuant to Section 5-301;
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1 (b) release the minor to his or her parents and
2 refer the case to Juvenile Court;
3 (c) if the juvenile police officer reasonably
4 believes that there is an urgent and immediate necessity
5 to keep the minor in custody, the juvenile police officer
6 shall deliver the minor without unnecessary delay to the
7 court or to the place designated by rule or order of
8 court for the reception of minors;
9 (d) any other appropriate action with consent of
10 the minor or a parent.
11 (4) The factors to be considered in determining whether
12 to release or keep a minor in custody shall include:
13 (a) the nature of the allegations against the
14 minor;
15 (b) the minor's history and present situation;
16 (c) the history of the minor's family and the
17 family's present situation;
18 (d) the educational and employment status of the
19 minor;
20 (e) the availability of special resource or
21 community services to aid or counsel the minor;
22 (f) the minor's past involvement with and progress
23 in social programs;
24 (g) the attitude of complainant and community
25 toward the minor; and
26 (h) the present attitude of the minor and family.
27 (5) The records of law enforcement officers concerning
28 all minors taken into custody under this Act shall be
29 maintained separate from the records of arrests of adults and
30 may not be inspected by or disclosed to the public except
31 pursuant to Section 5-901 and Section 5-905.
32 (705 ILCS 405/5-410 new)
33 Sec. 5-410. Non secure custody or detention.
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1 (1) Any minor arrested or taken into custody pursuant to
2 this Act who requires care away from his or her home but who
3 does not require physical restriction shall be given
4 temporary care in a foster family home or other shelter
5 facility designated by the court.
6 (2) (a) Any minor 10 years of age or older arrested
7 pursuant to this Act where there is probable cause to believe
8 that the minor is a delinquent minor and that (i) secured
9 custody is a matter of immediate and urgent necessity for the
10 protection of the minor or of the person or property of
11 another, (ii) the minor is likely to flee the jurisdiction of
12 the court, or (iii) the minor was taken into custody under a
13 warrant, may be kept or detained in an authorized detention
14 facility. No minor under 12 years of age shall be detained
15 in a county jail or a municipal lockup for more than 6 hours.
16 (b) The written authorization of the probation officer
17 or detention officer (or other public officer designated by
18 the court in a county having 3,000,000 or more inhabitants)
19 constitutes authority for the superintendent of any juvenile
20 detention home to detain and keep a minor for up to 40 hours,
21 excluding Saturdays, Sundays and court-designated holidays.
22 These records shall be available to the same persons and
23 pursuant to the same conditions as are law enforcement
24 records as provided in Section 5-905.
25 (b-4) The consultation required by subsection (b-5)
26 shall not be applicable if the probation officer or detention
27 officer (or other public officer designated by the court in a
28 county having 3,000,000 or more inhabitants) utilizes a
29 scorable detention screening instrument, which has been
30 developed with input by the State's Attorney, to determine
31 whether a minor should be detained, however, subsection (b-5)
32 shall still be applicable where no such screening instrument
33 is used or where the probation officer, detention officer (or
34 other public officer designated by the court in a county
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1 having 3,000,000 or more inhabitants) deviates from the
2 screening instrument.
3 (b-5) Subject to the provisions of subsection (b-4), if
4 a probation officer or detention officer (or other public
5 officer designated by the court in a county having 3,000,000
6 or more inhabitants) does not intend to detain a minor for an
7 offense which constitutes one of the following offenses he or
8 she shall consult with the State's Attorney's Office prior to
9 the release of the minor: first degree murder, second degree
10 murder, involuntary manslaughter, criminal sexual assault,
11 aggravated criminal sexual assault, aggravated battery with a
12 firearm, aggravated or heinous battery involving permanent
13 disability or disfigurement or great bodily harm, robbery,
14 aggravated robbery, armed robbery, vehicular hijacking,
15 aggravated vehicular hijacking, vehicular invasion, arson,
16 aggravated arson, kidnapping, aggravated kidnapping, home
17 invasion, burglary, or residential burglary.
18 (c) Except as otherwise provided in paragraph (a), (d),
19 or (e), no minor shall be detained in a county jail or
20 municipal lockup for more than 12 hours, unless the offense
21 is a crime of violence in which case the minor may be
22 detained up to 24 hours.
23 (i) The period of detention is deemed to have begun once
24 the minor has been placed in a locked room or cell or
25 handcuffed to a stationary object in a building housing a
26 county jail or municipal lockup. Time spent transporting a
27 minor is not considered to be time in detention or secure
28 custody.
29 (ii) Any minor so confined shall be under periodic
30 supervision and shall not be permitted to come into or remain
31 in contact with adults in custody in the building.
32 (iii) Upon placement in secure custody in a jail or
33 lockup, the minor shall be informed of the purpose of the
34 detention, the time it is expected to last and the fact that
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1 it cannot exceed the time specified under this Act.
2 (iv) A log shall be kept which shows the offense which is
3 the basis for the detention, the reasons and circumstances
4 for the decision to detain and the length of time the minor
5 was in detention.
6 (v) Violation of the time limit on detention in a county
7 jail or municipal lockup shall not, in and of itself, render
8 inadmissible evidence obtained as a result of the violation
9 of this time limit. Minors under 17 years of age shall be
10 kept separate from confined adults and may not at any time be
11 kept in the same cell, room or yard with adults confined
12 pursuant to criminal law. Persons 17 years of age and older
13 who have a petition of delinquency filed against them shall
14 be confined in an adult detention facility.
15 (d) (i) If a minor 12 year of age or older is confined
16 in a county jail in a county with a population below
17 3,000,000 inhabitants, then the minor's confinement shall be
18 implemented in such a manner that there will be no contact by
19 sight, sound or otherwise between the minor and adult
20 prisoners. Minors 12 years of age or older must be kept
21 separate from confined adults and may not at any time be kept
22 in the same cell, room, or yard with confined adults. This
23 paragraph (d)(i) shall only apply to confinement pending an
24 adjudicatory hearing and shall not exceed 40 hours, excluding
25 Saturdays, Sundays and court designated holidays. To accept
26 or hold minors during this time period, county jails shall
27 comply with all monitoring standards promulgated by the
28 Department of Corrections and training standards approved by
29 the Illinois Law Enforcement Training Standards Board.
30 (ii) To accept or hold minors, 12 years of age or older,
31 after the time period prescribed in paragraph (d)(i) of this
32 subsection (2) of this Section but not exceeding 7 days
33 including Saturdays, Sundays and holidays pending an
34 adjudicatory hearing, county jails shall comply with all
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1 temporary detention standards promulgated by the Department
2 of Corrections and training standards approved by the
3 Illinois Law Enforcement Training Standards Board.
4 (iii) To accept or hold minors 12 years of age or older,
5 after the time period prescribed in paragraphs (d)(i) and
6 (d)(ii) of this subsection (2) of this Section, county jails
7 shall comply with all programmatic and training standards for
8 juvenile detention homes promulgated by the Department of
9 Corrections.
10 (e) When a minor who is at least 15 years of age is
11 prosecuted under the criminal laws of this State, the court
12 may enter an order directing that the juvenile be confined in
13 the county jail. However, any juvenile confined in the
14 county jail under this provision shall be separated from
15 adults who are confined in the county jail in such a manner
16 that there will be no contact by sight, sound or otherwise
17 between the juvenile and adult prisoners.
18 (f) For purposes of appearing in a physical lineup, the
19 minor may be taken to a county jail or municipal lockup under
20 the direct and constant supervision of a juvenile police
21 officer. During such time as is necessary to conduct a
22 lineup, and while supervised by a juvenile police officer,
23 the sight and sound separation provisions shall not apply.
24 (g) For purposes of processing a minor, the minor may be
25 taken to a County Jail or municipal lockup under the direct
26 and constant supervision of a law enforcement officer or
27 Correctional officer. During such time as is necessary to
28 process the minor, and while supervised by a law enforcement
29 officer or correctional officer, the sight and sound
30 separation provisions shall not apply.
31 (3) If the probation officer or State's Attorney (or
32 such other public officer designated by the court in a county
33 having 3,000,000 or more inhabitants) determines that the
34 minor may be a delinquent minor as described in subsection
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1 (3) of Section 5-105, and should be retained in custody but
2 does not require physical restriction, the minor may be
3 placed in non-secure custody for up to 40 hours pending a
4 detention hearing.
5 (4) Any minor taken into temporary custody, not
6 requiring secure detention, may, however, be detained in the
7 home of his or her parent or guardian subject to such
8 conditions as the court may impose.
9 (705 ILCS 405/5-415 new)
10 Sec. 5-415. Setting of detention or shelter care
11 hearing; release.
12 (1) Unless sooner released, a minor alleged to be a
13 delinquent minor taken into temporary custody must be brought
14 before a judicial officer within 40 hours, for a detention or
15 shelter care hearing to determine whether he or she shall be
16 further held in custody. If a minor alleged to be a
17 delinquent minor taken into custody is hospitalized or is
18 receiving treatment for a physical or mental condition, and
19 is unable to be brought before a judicial officer for a
20 detention or shelter care hearing, the 40 hour period will
21 not commence until the minor is released from the hospital or
22 place of treatment. If the minor gives false information to
23 law enforcement officials regarding the minor's identity or
24 age, the 40 hour period will not commence until the court
25 rules that the minor is subject to this Act and not subject
26 to prosecution under the Criminal Code of 1961. Any other
27 delay attributable to a minor alleged to be a delinquent
28 minor who is taken into temporary custody shall act to toll
29 the 40 hour time period. In all cases, the 40 hour time
30 period is exclusive of Saturdays, Sundays and
31 court-designated holidays.
32 (2) If the State's Attorney or probation officer (or
33 other public officer designated by the court in a county
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1 having more than 3,000,000 inhabitants) determines that the
2 minor should be retained in custody, he or she shall cause a
3 petition to be filed as provided in Section 5-520 of this
4 Article, and the clerk of the court shall set the matter for
5 hearing on the detention or shelter care hearing calendar.
6 When a parent, legal guardian, custodian, or responsible
7 relative is present and so requests, the detention or shelter
8 care hearing shall be held immediately if the court is in
9 session and the State is ready to proceed, otherwise at the
10 earliest feasible time. The probation officer or such other
11 public officer designated by the court in a county having
12 more than 3,000,000 inhabitants shall notify the minor's
13 parent, legal guardian, custodian, or responsible relative of
14 the time and place of the hearing. The notice may be given
15 orally.
16 (3) The minor must be released from custody at the
17 expiration of the 40 hour period specified by this Section if
18 not brought before a judicial officer within that period.
19 (4) After the initial 40 hour period has lapsed, the
20 court may review the minor's custodial status at any time
21 prior to the trial or sentencing hearing. If during this
22 time period new or additional information becomes available
23 concerning the minor's conduct, the court may conduct a
24 hearing to determine whether the minor should be placed in a
25 detention or shelter care facility. If the court finds that
26 there is probable cause that the minor is a delinquent minor
27 and that it is a matter of immediate and urgent necessity for
28 the protection of the minor or of the person or property of
29 another, or that he or she is likely to flee the jurisdiction
30 of the court, the court may order that the minor be placed in
31 detention or shelter care.
32 (705 ILCS 405/Art. V, Part 5 heading new)
33 PART 5. PRETRIAL PROCEEDINGS
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1 (705 ILCS 405/5-501 new)
2 Sec. 5-501. Detention or shelter care hearing. At the
3 appearance of the minor before the court at the detention or
4 shelter care hearing, the court shall receive all relevant
5 information and evidence, including affidavits concerning the
6 allegations made in the petition. Evidence used by the court
7 in its findings or stated in or offered in connection with
8 this Section may be by way of proffer based on reliable
9 information offered by the State or minor. All evidence
10 shall be admissible if it is relevant and reliable regardless
11 of whether it would be admissible under the rules of evidence
12 applicable at a trial. No hearing may be held unless the
13 minor is represented by counsel.
14 (1) If the court finds that there is not probable cause
15 to believe that the minor is a delinquent minor it shall
16 release the minor and dismiss the petition.
17 (2) If the court finds that there is probable cause to
18 believe that the minor is a delinquent minor, the minor, his
19 or her parent, guardian, custodian and other persons able to
20 give relevant testimony may be examined before the court.
21 The court may also consider any evidence by way of proffer
22 based upon reliable information offered by the State or the
23 minor. All evidence, including affidavits, shall be
24 admissible if it is relevant and reliable regardless of
25 whether it would be admissible under the rules of evidence
26 applicable at trial. After such evidence is presented, the
27 court may enter an order that the minor shall be released
28 upon the request of a parent, guardian or legal custodian if
29 the parent, guardian or custodian appears to take custody.
30 If the court finds that it is a matter of immediate and
31 urgent necessity for the protection of the minor or of the
32 person or property of another that the minor be detained or
33 placed in a shelter care facility or that he or she is likely
34 to flee the jurisdiction of the court, the court may
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1 prescribe detention or shelter care and order that the minor
2 be kept in a suitable place designated by the court or in a
3 shelter care facility designated by the Department of
4 Children and Family Services or a licensed child welfare
5 agency; otherwise it shall release the minor from custody. If
6 the court prescribes shelter care, then in placing the minor,
7 the Department or other agency shall, to the extent
8 compatible with the court's order, comply with Section 7 of
9 the Children and Family Services Act. In making the
10 determination of the existence of immediate and urgent
11 necessity, the court shall consider among other matters: (a)
12 the nature and seriousness of the alleged offense; (b) the
13 minor's record of delinquency offenses, including whether the
14 minor has delinquency cases pending; (c) the minor's record
15 of willful failure to appear following the issuance of a
16 summons or warrant; (d) the availability of non-custodial
17 alternatives, including the presence of a parent, guardian or
18 other responsible relative able and willing to provide
19 supervision and care for the minor and to assure his or her
20 compliance with a summons. If the minor is ordered placed in
21 a shelter care facility of a licensed child welfare agency,
22 the court shall, upon request of the agency, appoint the
23 appropriate agency executive temporary custodian of the minor
24 and the court may enter such other orders related to the
25 temporary custody of the minor as it deems fit and proper.
26 The order together with the court's findings of fact in
27 support of the order shall be entered of record in the court.
28 Once the court finds that it is a matter of immediate and
29 urgent necessity for the protection of the minor that the
30 minor be placed in a shelter care facility, the minor shall
31 not be returned to the parent, custodian or guardian until
32 the court finds that the placement is no longer necessary for
33 the protection of the minor.
34 (3) Only when there is reasonable cause to believe that
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1 the minor taken into custody is a delinquent minor may the
2 minor be kept or detained in a facility authorized for
3 juvenile detention. This Section shall in no way be
4 construed to limit subsection (4).
5 (4) Minors 12 years of age or older must be kept
6 separate from confined adults and may not at any time be kept
7 in the same cell, room or yard with confined adults. This
8 paragraph (4):
9 (a) shall only apply to confinement pending an
10 adjudicatory hearing and shall not exceed 40 hours,
11 excluding Saturdays, Sundays, and court designated
12 holidays. To accept or hold minors during this time
13 period, county jails shall comply with all monitoring
14 standards for juvenile detention homes promulgated by the
15 Department of Corrections and training standards approved
16 by the Illinois Law Enforcement Training Standards Board.
17 (b) To accept or hold minors, 12 years of age or
18 older, after the time period prescribed in clause (a) of
19 subsection 4 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
23 Department of Corrections and training standards approved
24 by the Illinois Law Enforcement Training Standards Board.
25 (c) To accept or hold minors 12 years of age or
26 older, after the time period prescribed in clause (a) and
27 (b), of this subsection county jails shall comply with
28 all programmatic and training standards for juvenile
29 detention homes promulgated by the Department of
30 Corrections.
31 (5) If the minor is not brought before a judicial
32 officer within the time period as specified in Section 5-415
33 the minor must immediately be released from custody.
34 (6) If neither the parent, guardian or legal custodian
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1 appears within 24 hours to take custody of a minor released
2 from detention or shelter care, then the clerk of the court
3 shall set the matter for rehearing not later than 7 days
4 after the original order and shall issue a summons directed
5 to the parent, guardian or legal custodian to appear. At the
6 same time the probation department shall prepare a report on
7 the minor. If a parent, guardian or legal custodian does not
8 appear at such rehearing, the judge may enter an order
9 prescribing that the minor be kept in a suitable place
10 designated by the Department of Human Services or a licensed
11 child welfare agency. The time during which a minor is in
12 custody after being released upon the request of a parent,
13 guardian or legal custodian shall be considered as time spent
14 in detention for purposes of scheduling the trial.
15 (7) Any party, including the State, the temporary
16 custodian, an agency providing services to the minor or
17 family under a service plan pursuant to Section 8.2 of the
18 Abused and Neglected Child Reporting Act, foster parent, or
19 any of their representatives, may file a motion to modify or
20 vacate a temporary custody order or vacate a detention or
21 shelter care order on any of the following grounds:
22 (a) It is no longer a matter of immediate and
23 urgent necessity that the minor remain in detention or
24 shelter care; or
25 (b) There is a material change in the circumstances
26 of the natural family from which the minor was removed;
27 or
28 (c) A person, including a parent, relative or legal
29 guardian, is capable of assuming temporary custody of the
30 minor; or
31 (d) Services provided by the Department of Children
32 and Family Services or a child welfare agency or other
33 service provider have been successful in eliminating the
34 need for temporary custody.
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1 The clerk shall set the matter for hearing not later than
2 14 days after such motion is filed. In the event that the
3 court modifies or vacates a temporary order but does not
4 vacate its finding of probable cause, the court may order
5 that appropriate services be continued or initiated in behalf
6 of the minor and his or her family.
7 (8) Whenever a petition has been filed under Section
8 5-520 the court can, at any time prior to trial or
9 sentencing, order that the minor be placed in detention or a
10 shelter care facility after the court conducts a hearing and
11 finds that the conduct and behavior of the minor may endanger
12 the health, person, welfare, or property of himself or others
13 or that the circumstances of his or her home environment may
14 endanger his or her health, person, welfare or property.
15 (705 ILCS 405/5-505 new)
16 Sec. 5-505. Pre-trial conditions order.
17 (1) If a minor is charged with the commission of a
18 delinquent act, at any appearance of the minor before the
19 court prior to trial, the court may conduct a hearing to
20 determine whether the minor should be required to do any of
21 the following:
22 (a) not violate any criminal statute of any
23 jurisdiction;
24 (b) make a report to and appear in person before
25 any person or agency as directed by the court;
26 (c) refrain from possessing a firearm or other
27 dangerous weapon, or an automobile;
28 (d) reside with his or her parents or in a foster
29 home;
30 (e) attend school;
31 (f) attend a non-residential program for youth;
32 (g) comply with curfew requirements as designated
33 by the court;
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1 (h) refrain from entering into a designated
2 geographic area except upon terms as the court finds
3 appropriate. The terms may include consideration of the
4 purpose of the entry, the time of day, other persons
5 accompanying the minor, advance approval by the court,
6 and any other terms the court may deem appropriate;
7 (i) refrain from having any contact, directly or
8 indirectly, with certain specified persons or particular
9 types of persons, including but not limited to members of
10 street gangs and drug users or dealers;
11 (j) comply with any other conditions as may be
12 ordered by the court.
13 No hearing may be held unless the minor is represented by
14 counsel. If the court determines that there is probable
15 cause to believe the minor is a delinquent minor and that it
16 is in the best interests of the minor that the court impose
17 any or all of the conditions listed in paragraphs (a) through
18 (j) of this subsection (1), then the court shall order the
19 minor to abide by all of the conditions ordered by the court.
20 (2) If the court issues a pre-trial conditions order as
21 provided in subsection (1), the court shall inform the minor
22 and provide a copy of the pre-trial conditions order
23 effective under this Section.
24 (3) The provisions of the pre-trial conditions order
25 issued under this Section may be continued through the
26 sentencing hearing if the court deems the action reasonable
27 and necessary. Nothing in this Section shall preclude the
28 minor from applying to the court at any time for modification
29 or dismissal of the order or the State's Attorney from
30 applying to the court at any time for additional provisions
31 under the pre-trial conditions order, modification of the
32 order, or dismissal of the order.
33 (705 ILCS 405/5-510 new)
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1 Sec. 5-510. Restraining order against juvenile.
2 (1) If a minor is charged with the commission of a
3 delinquent act, the court may conduct a hearing to determine
4 whether an order shall be issued against the minor
5 restraining the minor from harassing, molesting,
6 intimidating, retaliating against, or tampering with a
7 witness to or a victim of the delinquent act charged. No
8 hearing may be held unless the minor is represented by
9 counsel. If the court determines that there is probable
10 cause to believe that the minor is a delinquent minor and
11 that it is a matter of immediate and urgent necessity for the
12 protection of a witness to or a victim of the delinquent act
13 charged against the minor, the court may issue a restraining
14 order against the minor restraining the minor from harassing,
15 molesting, intimidating, retaliating against, or tampering
16 with the witness or victim. The order together with the
17 court's finding of fact in support of the order shall be
18 entered of record in the court.
19 (2) If the court issues a restraining order as provided
20 in subsection (1), the court shall inform the minor of the
21 restraining order effective under this Section.
22 (3) The provisions of the restraining order issued under
23 this Section may be continued by the court after the
24 sentencing hearing if the court deems the action reasonable
25 and necessary. Nothing in this Section shall preclude the
26 minor from applying to the court at any time for modification
27 or dismissal of the order or the State's Attorney from
28 applying to the court at any time for additional provisions
29 under the restraining order, modification of the order, or
30 dismissal of the order.
31 (705 ILCS 405/5-515 new)
32 Sec. 5-515. Medical and dental treatment and care. At
33 all times during temporary custody, detention or shelter
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1 care, the court may authorize a physician, a hospital or any
2 other appropriate health care provider to provide medical,
3 dental or surgical procedures if those procedures are
4 necessary to safeguard the minor's life or health. If the
5 minor is covered under an existing medical or dental plan,
6 the county shall be reimbursed for the expenses incurred for
7 such services as if the minor were not held in temporary
8 custody, detention, or shelter care.
9 (705 ILCS 405/5-520 new)
10 Sec. 5-520. Petition; supplemental petitions.
11 (1) The State's Attorney may file, or the court on its
12 own motion may direct the filing through the State's Attorney
13 of, a petition in respect to a minor under this Act. The
14 petition and all subsequent court documents shall be entitled
15 "In the interest of ...., a minor".
16 (2) The petition shall be verified but the statements
17 may be made upon information and belief. It shall allege
18 that the minor is delinquent and set forth (a) facts
19 sufficient to bring the minor under Section 5-120; (b) the
20 name, age and residence of the minor; (c) the names and
21 residences of his parents; (d) the name and residence of his
22 or her guardian or legal custodian or the person or persons
23 having custody or control of the minor, or of the nearest
24 known relative if no parent, guardian or legal custodian can
25 be found; and (e) if the minor upon whose behalf the
26 petition is brought is detained or sheltered in custody, the
27 date on which detention or shelter care was ordered by the
28 court or the date set for a detention or shelter care
29 hearing. If any of the facts required by this subsection (2)
30 are not known by the petitioner, the petition shall so state.
31 (3) The petition must pray that the minor be adjudged a
32 ward of the court and may pray generally for relief available
33 under this Act. The petition need not specify any proposed
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1 disposition following adjudication of wardship.
2 (4) At any time before dismissal of the petition or
3 before final closing and discharge under Section 5-750, one
4 or more supplemental petitions may be filed (i) alleging new
5 offenses or (ii) alleging violations of orders entered by the
6 court in the delinquency proceeding.
7 (705 ILCS 405/5-525 new)
8 Sec. 5-525. Service.
9 (1) Service by summons.
10 (a) Upon the commencement of a delinquency
11 prosecution, the clerk of the court shall issue a summons
12 with a copy of the petition attached. The summons shall
13 be directed to the minor's parent, guardian or legal
14 custodian and to each person named as a respondent in the
15 petition, except that summons need not be directed (i) to
16 a minor respondent under 8 years of age for whom the
17 court appoints a guardian ad litem if the guardian ad
18 litem appears on behalf of the minor in any proceeding
19 under this Act, or (ii) to a parent who does not reside
20 with the minor, does not make regular child support
21 payments to the minor, to the minor's other parent, or to
22 the minor's legal guardian or custodian pursuant to a
23 support order, and has not communicated with the minor on
24 a regular basis.
25 (b) The summons must contain a statement that the
26 minor is entitled to have an attorney present at the
27 hearing on the petition, and that the clerk of the court
28 should be notified promptly if the minor desires to be
29 represented by an attorney but is financially unable to
30 employ counsel.
31 (c) The summons shall be issued under the seal of
32 the court, attested in and signed with the name of the
33 clerk of the court, dated on the day it is issued, and
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1 shall require each respondent to appear and answer the
2 petition on the date set for the adjudicatory hearing.
3 (d) The summons may be served by any law
4 enforcement officer, coroner or probation officer, even
5 though the officer is the petitioner. The return of the
6 summons with endorsement of service by the officer is
7 sufficient proof of service.
8 (e) Service of a summons and petition shall be made
9 by: (i) leaving a copy of the summons and petition with
10 the person summoned at least 3 days before the time
11 stated in the summons for appearance; (ii) leaving a
12 copy at his or her usual place of abode with some person
13 of the family, of the age of 10 years or upwards, and
14 informing that person of the contents of the summons and
15 petition, provided, the officer or other person making
16 service shall also send a copy of the summons in a sealed
17 envelope with postage fully prepaid, addressed to the
18 person summoned at his or her usual place of abode, at
19 least 3 days before the time stated in the summons for
20 appearance; or (iii) leaving a copy of the summons and
21 petition with the guardian or custodian of a minor, at
22 least 3 days before the time stated in the summons for
23 appearance. If the guardian or legal custodian is an
24 agency of the State of Illinois, proper service may be
25 made by leaving a copy of the summons and petition with
26 any administrative employee of the agency designated by
27 the agency to accept the service of summons and
28 petitions. The certificate of the officer or affidavit
29 of the person that he or she has sent the copy pursuant
30 to this Section is sufficient proof of service.
31 (f) When a parent or other person, who has signed a
32 written promise to appear and bring the minor to court or
33 who has waived or acknowledged service, fails to appear
34 with the minor on the date set by the court, a bench
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1 warrant may be issued for the parent or other person, the
2 minor, or both.
3 (2) Service by certified mail or publication.
4 (a) If service on individuals as provided in
5 subsection (1) is not made on any respondent within a
6 reasonable time or if it appears that any respondent
7 resides outside the State, service may be made by
8 certified mail. In that case the clerk shall mail the
9 summons and a copy of the petition to that respondent by
10 certified mail marked for delivery to addressee only.
11 The court shall not proceed with the adjudicatory hearing
12 until 5 days after the mailing. The regular return
13 receipt for certified mail is sufficient proof of
14 service.
15 (b) If service upon individuals as provided in
16 subsection (1) is not made on any respondents within a
17 reasonable time or if any person is made a respondent
18 under the designation of "All Whom it may Concern", or if
19 service cannot be made because the whereabouts of a
20 respondent are unknown, service may be made by
21 publication. The clerk of the court as soon as possible
22 shall cause publication to be made once in a newspaper of
23 general circulation in the county where the action is
24 pending. Service by publication is not required in any
25 case when the person alleged to have legal custody of the
26 minor has been served with summons personally or by
27 certified mail, but the court may not enter any order or
28 judgment against any person who cannot be served with
29 process other than by publication unless service by
30 publication is given or unless that person appears.
31 Failure to provide service by publication to a
32 non-custodial parent whose whereabouts are unknown shall
33 not deprive the court of jurisdiction to proceed with a
34 trial or a plea of delinquency by the minor. When a
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1 minor has been detained or sheltered under Section 5-501
2 of this Act and summons has not been served personally or
3 by certified mail within 20 days from the date of the
4 order of court directing such detention or shelter care,
5 the clerk of the court shall cause publication. Service
6 by publication shall be substantially as follows:
7 "A, B, C, D, (here giving the names of the
8 named respondents, if any) and to All Whom It May
9 Concern (if there is any respondent under that
10 designation):
11 Take notice that on the.... day of...., 19..
12 a petition was filed under the Juvenile Court Act of
13 1987 by.... in the circuit court of.... county
14 entitled 'In the interest of...., a minor', and that
15 in.... courtroom at.... on the.... day of.... at
16 the hour of...., or as soon thereafter as this cause
17 may be heard, an adjudicatory hearing will be held
18 upon the petition to have the child declared to be a
19 ward of the court under that Act. The court has
20 authority in this proceeding to take from you the
21 custody and guardianship of the minor.
22 Now, unless you appear at the hearing and show
23 cause against the petition, the allegations of the
24 petition may stand admitted as against you and each
25 of you, and an order or judgment entered.
26 ........................................
27 Clerk
28 Dated (the date of publication)"
29 (c) The clerk shall also at the time of the
30 publication of the notice send a copy of the notice by
31 mail to each of the respondents on account of whom
32 publication is made at his or her last known address.
33 The certificate of the clerk that he or she has mailed
34 the notice is evidence of that mailing. No other
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1 publication notice is required. Every respondent
2 notified by publication under this Section must appear
3 and answer in open court at the hearing. The court may
4 not proceed with the adjudicatory hearing until 10 days
5 after service by publication on any custodial parent,
6 guardian or legal custodian of a minor alleged to be
7 delinquent.
8 (d) If it becomes necessary to change the date set
9 for the hearing in order to comply with this Section,
10 notice of the resetting of the date must be given, by
11 certified mail or other reasonable means, to each
12 respondent who has been served with summons personally or
13 by certified mail.
14 (3) Once jurisdiction has been established over a
15 party, further service is not required and notice of any
16 subsequent proceedings in that prosecution shall be made
17 in accordance with provisions of Section 5-530.
18 (4) The appearance of the minor's parent, guardian
19 or legal custodian, or a person named as a respondent in
20 a petition, in any proceeding under this Act shall
21 constitute a waiver of service and submission to the
22 jurisdiction of the court. A copy of the petition shall
23 be provided to the person at the time of his or her
24 appearance.
25 (705 ILCS 405/5-530 new)
26 Sec. 5-530. Notice.
27 (1) A party presenting a supplemental or amended
28 petition or motion to the court shall provide the other
29 parties with a copy of any supplemental or amended petition,
30 motion or accompanying affidavit not yet served upon that
31 party, and shall file proof of that service, in accordance
32 with subsections (2), (3), and (4) of this Section. Written
33 notice of the date, time and place of the hearing, shall be
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1 provided to all parties in accordance with local court rules.
2 (2) (a) On whom made. If a party is represented by an
3 attorney of record, service shall be made upon the attorney.
4 Otherwise service shall be made upon the party.
5 (b) Method. Papers shall be served as follows:
6 (1) by delivering them to the attorney or
7 party personally;
8 (2) by leaving them in the office of the
9 attorney with his or her clerk, or with a person in
10 charge of the office; or if a party is not
11 represented by counsel, by leaving them at his or
12 her residence with a family member of the age of 10
13 years or upwards;
14 (3) by depositing them in the United States
15 post office or post-office box enclosed in an
16 envelope, plainly addressed to the attorney at his
17 or her business address, or to the party at his or
18 her business address or residence, with postage
19 fully pre-paid; or
20 (4) by transmitting them via facsimile machine
21 to the office of the attorney or party, who has
22 consented to receiving service by facsimile
23 transmission. Briefs filed in reviewing courts shall
24 be served in accordance with Supreme Court Rule.
25 (i) A party or attorney electing to serve
26 pleading by facsimile must include on the
27 certificate of service transmitted the
28 telephone number of the sender's facsimile
29 transmitting device. Use of service by
30 facsimile shall be deemed consent by that party
31 or attorney to receive service by facsimile
32 transmission. Any party may rescind consent of
33 service by facsimile transmission in a case by
34 filing with the court and serving a notice on
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1 all parties or their attorneys who have filed
2 appearances that facsimile service will not be
3 accepted. A party or attorney who has rescinded
4 consent to service by facsimile transmission in
5 a case may not serve another party or attorney
6 by facsimile transmission in that case.
7 (ii) Each page of notices and documents
8 transmitted by facsimile pursuant to this rule
9 should bear the circuit court number, the title
10 of the document, and the page number.
11 (c) Multiple parties or attorneys. In cases in
12 which there are 2 or more minor-respondents who appear by
13 different attorneys, service on all papers shall be made
14 on the attorney for each of the parties. If one attorney
15 appears for several parties, he or she is entitled to
16 only one copy of any paper served upon him or her by the
17 opposite side. When more than one attorney appears for a
18 party, service of a copy upon one of them is sufficient.
19 (3)(a) Filing. When service of a paper is required,
20 proof of service shall be filed with the clerk.
21 (b) Manner of Proof. Service is proved:
22 (i) by written acknowledgement signed by the
23 person served;
24 (ii) in case of service by personal delivery,
25 by certificate of the attorney, or affidavit of a
26 person, other that an attorney, who made delivery;
27 (iii) in case of service by mail, by
28 certificate of the attorney, or affidavit of a
29 person other than the attorney, who deposited the
30 paper in the mail, stating the time and place of
31 mailing, the complete address which appeared on the
32 envelope, and the fact that proper postage was
33 pre-paid; or
34 (iv) in case of service by facsimile
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1 transmission, by certificate of the attorney or
2 affidavit of a person other than the attorney, who
3 transmitted the paper via facsimile machine, stating
4 the time and place of transmission, the telephone
5 number to which the transmission was sent and the
6 number of pages transmitted.
7 (c) Effective date of service by mail. Service by
8 mail is complete 4 days after mailing.
9 (d) Effective date of service by facsimile
10 transmission. Service by facsimile machine is complete on
11 the first court day following transmission.
12 (705 ILCS 405/Art. V, Part 6 heading new)
13 PART 6. TRIAL
14 (705 ILCS 405/5-601 new)
15 Sec. 5-601. Trial.
16 (1) When a petition has been filed alleging that the
17 minor is a delinquent, a trial must be held within 120 days
18 of a written demand for such hearing made by any party,
19 except that when the State, without success, has exercised
20 due diligence to obtain evidence material to the case and
21 there are reasonable grounds to believe that the evidence may
22 be obtained at a later date, the court may, upon motion by
23 the State, continue the trial for not more than 30 additional
24 days.
25 (2) If a minor respondent has multiple delinquency
26 petitions pending against him or her in the same county and
27 simultaneously demands a trial upon more than one delinquency
28 petition pending against him or her in the same county, he or
29 she shall receive a trial or have a finding, after waiver of
30 trial, upon at least one such petition before expiration
31 relative to any of the pending petitions of the period
32 described by this Section. All remaining petitions thus
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1 pending against the minor respondent shall be adjudicated
2 within 160 days from the date on which a finding relative to
3 the first petition prosecuted is rendered under Section 5-620
4 of this Article, or, if the trial upon the first petition is
5 terminated without a finding and there is no subsequent
6 trial, or adjudication after waiver of trial, on the first
7 petition within a reasonable time, the minor shall receive a
8 trial upon all of the remaining petitions within 160 days
9 from the date on which the trial, or finding after waiver of
10 trial, on the first petition is concluded. If either such
11 period of 160 days expires without the commencement of trial,
12 or adjudication after waiver of trial, of any of the
13 remaining pending petitions, the petition or petitions shall
14 be dismissed and barred for want of prosecution unless the
15 delay is occasioned by any of the reasons described in this
16 Section.
17 (3) When no such trial is held within the time required
18 by subsections (1) and (2) of this Section, the court shall,
19 upon motion by any party, dismiss the petition with
20 prejudice.
21 (4) Without affecting the applicability of the tolling
22 and multiple prosecution provisions of subsections (8) and
23 (2) of this Section when a petition has been filed alleging
24 that the minor is a delinquent and the minor is in detention
25 or shelter care, the trial shall be held within 30 calendar
26 days after the date of the order directing detention or
27 shelter care, or the earliest possible date in compliance
28 with the provisions of Section 5-525 as to the custodial
29 parent, guardian or legal custodian, but no later than 45
30 calendar days from the date of the order of the court
31 directing detention or shelter care. When the petition
32 alleges the minor has committed an offense involving a
33 controlled substance as defined in the Illinois Controlled
34 Substances Act, the court may, upon motion of the State,
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1 continue the trial for receipt of a confirmatory laboratory
2 report for up to 45 days after the date of the order
3 directing detention or shelter care. When the petition
4 alleges the minor committed an offense that involves the
5 death of, great bodily harm to or sexual assault or
6 aggravated criminal sexual abuse on a victim, the court may,
7 upon motion of the State, continue the trial for not more
8 than 70 calendar days after the date of the order directing
9 detention or shelter care.
10 Any failure to comply with the time limits of this
11 Section shall require the immediate release of the minor from
12 detention, and the time limits set forth in subsections (1)
13 and (2) shall apply.
14 (5) If the court determines that the State, without
15 success, has exercised due diligence to obtain the results of
16 DNA testing that is material to the case, and that there are
17 reasonable grounds to believe that the results may be
18 obtained at a later date, the court may continue the cause on
19 application of the State for not more than 120 additional
20 days. The court may also extend the period of detention of
21 the minor for not more than 120 additional days.
22 (6) If the State's Attorney makes a written request that
23 a proceeding be designated an extended juvenile jurisdiction
24 prosecution, and the minor is in detention, the period the
25 minor can be held in detention pursuant to subsection (4),
26 shall be extended an additional 30 days after the court
27 determines whether the proceeding will be designated an
28 extended juvenile jurisdiction prosecution or the State's
29 Attorney withdraws the request for extended juvenile
30 jurisdiction prosecution.
31 (7) When the State's Attorney files a motion for waiver
32 of jurisdiction pursuant to Section 5-805, and the minor is
33 in detention, the period the minor can be held in detention
34 pursuant to subsection (4), shall be extended an additional
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1 30 days if the court denies motion for waiver of jurisdiction
2 or the State's Attorney withdraws the motion for waiver of
3 jurisdiction.
4 (8) The period in which a trial shall be held as
5 prescribed by subsections (1), (2), (3), (4), (5), (6), or
6 (7) of this Section is tolled by: (i) delay occasioned by the
7 minor; (ii) a continuance allowed pursuant to Section 114-4
8 of the Code of Criminal Procedure of 1963 after the court's
9 determination of the minor's incapacity for trial; (iii) an
10 interlocutory appeal; (iv) an examination of fitness ordered
11 pursuant to Section 104-13 of the Code of Criminal Procedure
12 of 1963; (v) a fitness hearing; or (vi) an adjudication of
13 unfitness for trial. Any such delay shall temporarily
14 suspend, for the time of the delay, the period within which a
15 trial must be held as prescribed by subsections (1), (2),
16 (4), (5), and (6) of this Section. On the day of expiration
17 of the delays the period shall continue at the point at which
18 the time was suspended.
19 (9) Nothing in this Section prevents the minor or the
20 minor's parents, guardian or legal custodian from exercising
21 their respective rights to waive the time limits set forth in
22 this Section.
23 (705 ILCS 405/5-605 new)
24 Sec. 5-605. Trials, pleas, guilty but mentally ill and
25 not guilty by reason of insanity.
26 (1) Method of trial. All delinquency proceedings shall
27 be heard by the court except those proceedings under this Act
28 where the right to trial by jury is specifically set forth.
29 At any time a minor may waive his or her right to trial by
30 jury.
31 (2) Pleas of guilty and guilty but mentally ill.
32 (a) Before or during trial, a plea of guilty may be
33 accepted when the court has informed the minor of the
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1 consequences of his or her plea and of the maximum
2 penalty provided by law which may be imposed upon
3 acceptance of the plea. Upon acceptance of a plea of
4 guilty, the court shall determine the factual basis of a
5 plea.
6 (b) Before or during trial, a plea of guilty but
7 mentally ill may be accepted by the court when:
8 (i) the minor has undergone an examination by
9 a clinical psychologist or psychiatrist and has
10 waived his or her right to trial; and
11 (ii) the judge has examined the psychiatric or
12 psychological report or reports; and
13 (iii) the judge has held a hearing, at which
14 either party may present evidence, on the issue of
15 the minor's mental health and, at the conclusion of
16 the hearing, is satisfied that there is a factual
17 basis that the minor was mentally ill at the time of
18 the offense to which the plea is entered.
19 (3) Trial by the court.
20 (a) A trial shall be conducted in the presence of
21 the minor unless he or she waives the right to be
22 present. At the trial, the court shall consider the
23 question whether the minor is delinquent. The standard
24 of proof and the rules of evidence in the nature of
25 criminal proceedings in this State are applicable to that
26 consideration.
27 (b) Upon conclusion of the trial the court shall
28 enter a general finding, except that, when the
29 affirmative defense of insanity has been presented during
30 the trial and acquittal is based solely upon the defense
31 of insanity, the court shall enter a finding of not
32 guilty by reason of insanity. In the event of a finding
33 of not guilty by reason of insanity, a hearing shall be
34 held pursuant to the Mental Health and Developmental
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1 Disabilities Code to determine whether the minor is
2 subject to involuntary admission.
3 (c) When the minor has asserted a defense of
4 insanity, the court may find the minor guilty but
5 mentally ill if, after hearing all of the evidence, the
6 court finds that:
7 (i) the State has proven beyond a reasonable
8 doubt that the minor is guilty of the offense
9 charged; and
10 (ii) the minor has failed to prove his or her
11 insanity as required in subsection (b) of Section
12 3-2 of the Criminal Code of 1961, and subsections
13 (a), (b) and (e) of Section 6-2 of the Criminal Code
14 of 1961; and
15 (iii) the minor has proven by a preponderance
16 of the evidence that he was mentally ill, as defined
17 in subsections (c) and (d) of Section 6-2 of the
18 Criminal Code of 1961 at the time of the offense.
19 (4) Trial by court and jury.
20 (a) Questions of law shall be decided by the court
21 and questions of fact by the jury.
22 (b) The jury shall consist of 12 members.
23 (c) Upon request the parties shall be furnished
24 with a list of prospective jurors with their addresses if
25 known.
26 (d) Each party may challenge jurors for cause. If
27 a prospective juror has a physical impairment, the court
28 shall consider the prospective juror's ability to
29 perceive and appreciate the evidence when considering a
30 challenge for cause.
31 (e) A minor tried alone shall be allowed 7
32 peremptory challenges; except that, in a single trial of
33 more than one minor, each minor shall be allowed 5
34 peremptory challenges. If several charges against a
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1 minor or minors are consolidated for trial, each minor
2 shall be allowed peremptory challenges upon one charge
3 only, which single charge shall be the charge against
4 that minor authorizing the greatest maximum penalty. The
5 State shall be allowed the same number of peremptory
6 challenges as all of the minors.
7 (f) After examination by the court, the jurors may
8 be examined, passed upon, accepted and tendered by
9 opposing counsel as provided by Supreme Court Rules.
10 (g) After the jury is impaneled and sworn, the
11 court may direct the selection of 2 alternate jurors who
12 shall take the same oath as the regular jurors. Each
13 party shall have one additional peremptory challenge for
14 each alternate juror. If before the final submission of
15 a cause a member of the jury dies or is discharged, he or
16 she shall be replaced by an alternate juror in the order
17 of selection.
18 (h) A trial by the court and jury shall be
19 conducted in the presence of the minor unless he or she
20 waives the right to be present.
21 (i) After arguments of counsel the court shall
22 instruct the jury as to the law.
23 (j) Unless the affirmative defense of insanity has
24 been presented during the trial, the jury shall return a
25 general verdict as to each offense charged. When the
26 affirmative defense of insanity has been presented during
27 the trial, the court shall provide the jury not only with
28 general verdict forms but also with a special verdict
29 form of not guilty by reason of insanity, as to each
30 offense charged, and in the event the court shall
31 separately instruct the jury that a special verdict of
32 not guilty by reason of insanity may be returned instead
33 of a general verdict but the special verdict requires a
34 unanimous finding by the jury that the minor committed
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1 the acts charged but at the time of the commission of
2 those acts the minor was insane. In the event of a
3 verdict of not guilty by reason of insanity, a hearing
4 shall be held pursuant to the Mental Health and
5 Developmental Disabilities Code to determine whether the
6 minor is subject to involuntary admission. When the
7 affirmative defense of insanity has been presented during
8 the trial, the court, where warranted by the evidence,
9 shall also provide the jury with a special verdict form
10 of guilty but mentally ill, as to each offense charged
11 and shall separately instruct the jury that a special
12 verdict of guilty but mentally ill may be returned
13 instead of a general verdict, but that the special
14 verdict requires a unanimous finding by the jury that:
15 (i) the State has proven beyond a reasonable doubt that
16 the minor is guilty of the offense charged; and (ii) the
17 minor has failed to prove his or her insanity as required
18 in subsection (b) of Section 3-2 of the Criminal Code of
19 1961 and subsections (a), (b) and (e) of Section 6-2 of
20 the Criminal Code of 1961; and (iii) the minor has proven
21 by a preponderance of the evidence that he or she was
22 mentally ill, as defined in subsections (c) and (d) of
23 Section 6-2 of the Criminal Code of 1961 at the time of
24 the offense.
25 (k) When, at the close of the State's evidence or
26 at the close of all of the evidence, the evidence is
27 insufficient to support a finding or verdict of guilty
28 the court may and on motion of the minor shall make a
29 finding or direct the jury to return a verdict of not
30 guilty, enter a judgment of acquittal and discharge the
31 minor.
32 (l) When the jury retires to consider its verdict,
33 an officer of the court shall be appointed to keep them
34 together and to prevent conversation between the jurors
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1 and others; however, if any juror is deaf, the jury may
2 be accompanied by and may communicate with a
3 court-appointed interpreter during its deliberations.
4 Upon agreement between the State and minor or his or her
5 counsel, and the parties waive polling of the jury, the
6 jury may seal and deliver its verdict to the clerk of the
7 court, separate, and then return the verdict in open
8 court at its next session.
9 (m) In a trial, any juror who is a member of a
10 panel or jury which has been impaneled and sworn as a
11 panel or as a jury shall be permitted to separate from
12 other jurors during every period of adjournment to a
13 later day, until final submission of the cause to the
14 jury for determination, except that no such separation
15 shall be permitted in any trial after the court, upon
16 motion by the minor or the State or upon its own motion,
17 finds a probability that prejudice to the minor or to the
18 State will result from the separation.
19 (n) The members of the jury shall be entitled to
20 take notes during the trial, and the sheriff of the
21 county in which the jury is sitting shall provide them
22 with writing materials for this purpose. The notes shall
23 remain confidential, and shall be destroyed by the
24 sheriff after the verdict has been returned or a mistrial
25 declared.
26 (o) A minor tried by the court and jury shall only
27 be found guilty, guilty but mentally ill, not guilty or
28 not guilty by reason of insanity, upon the unanimous
29 verdict of the jury.
30 (705 ILCS 405/5-610 new)
31 Sec. 5-610. Guardian ad litem and appointment of
32 attorney.
33 (1) The court may appoint a guardian ad litem for the
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1 minor whenever it finds that there may be a conflict of
2 interest between the minor and his or her parent, guardian or
3 legal custodian or that it is otherwise in the minor's
4 interest to do so.
5 (2) Unless the guardian ad litem is an attorney, he or
6 she shall be represented by counsel.
7 (3) The reasonable fees of a guardian ad litem appointed
8 under this Section shall be fixed by the court and charged to
9 the parents of the minor, to the extent they are able to pay.
10 If the parents are unable to pay those fees, they shall be
11 paid from the general fund of the county.
12 (4) If, during the court proceedings, the parents,
13 guardian, or legal custodian prove that he or she has an
14 actual conflict of interest with the minor in that
15 delinquency proceeding and that the parents, guardian, or
16 legal custodian are indigent, the court shall appoint a
17 separate attorney for that parent, guardian, or legal
18 custodian.
19 (705 ILCS 405/5-615 new)
20 Sec. 5-615. Continuance under supervision.
21 (1) The court may enter an order of continuance under
22 supervision for an offense other than first degree murder, a
23 Class X felony or a forcible felony (a) upon an admission or
24 stipulation by the appropriate respondent or minor respondent
25 of the facts supporting the petition and before proceeding to
26 adjudication, or after hearing the evidence at the trial, and
27 (b) in the absence of objection made in open court by the
28 minor, his or her parent, guardian, or legal custodian, the
29 minor's attorney or the State's Attorney.
30 (2) If the minor, his or her parent, guardian, or legal
31 custodian, the minor's attorney or State's Attorney objects
32 in open court to any continuance and insists upon proceeding
33 to findings and adjudication, the court shall so proceed.
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1 (3) Nothing in this Section limits the power of the
2 court to order a continuance of the hearing for the
3 production of additional evidence or for any other proper
4 reason.
5 (4) When a hearing where a minor is alleged to be a
6 delinquent is continued pursuant to this Section, the period
7 of continuance under supervision may not exceed 24 months.
8 The court may terminate a continuance under supervision at
9 any time if warranted by the conduct of the minor and the
10 ends of justice.
11 (5) When a hearing where a minor is alleged to be
12 delinquent is continued pursuant to this Section, the court
13 may, as conditions of the continuance under supervision,
14 require the minor to do any of the following:
15 (a) not violate any criminal statute of any
16 jurisdiction;
17 (b) make a report to and appear in person before
18 any person or agency as directed by the court;
19 (c) work or pursue a course of study or vocational
20 training;
21 (d) undergo medical or psychotherapeutic treatment
22 rendered by a therapist licensed under the provisions of
23 the Medical Practice Act of 1987, the Clinical
24 Psychologist Licensing Act, or the Clinical Social Work
25 and Social Work Practice Act, or an entity licensed by
26 the Department of Human Services as a successor to the
27 Department of Alcoholism and Substance Abuse, for the
28 provision of drug addiction and alcoholism treatment;
29 (e) attend or reside in a facility established for
30 the instruction or residence of persons on probation;
31 (f) support his or her dependents, if any;
32 (g) pay costs;
33 (h) refrain from possessing a firearm or other
34 dangerous weapon, or an automobile;
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1 (i) permit the probation officer to visit him or
2 her at his or her home or elsewhere;
3 (j) reside with his or her parents or in a foster
4 home;
5 (k) attend school;
6 (l) attend a non-residential program for youth;
7 (m) contribute to his or her own support at home or
8 in a foster home;
9 (n) perform some reasonable public or community
10 service;
11 (o) make restitution to the victim, in the same
12 manner and under the same conditions as provided in
13 subsection (4) of Section 5-710, except that the
14 "sentencing hearing" referred to in that Section shall be
15 the adjudicatory hearing for purposes of this Section;
16 (p) comply with curfew requirements as designated
17 by the court;
18 (q) refrain from entering into a designated
19 geographic area except upon terms as the court finds
20 appropriate. The terms may include consideration of the
21 purpose of the entry, the time of day, other persons
22 accompanying the minor, and advance approval by a
23 probation officer;
24 (r) refrain from having any contact, directly or
25 indirectly, with certain specified persons or particular
26 types of persons, including but not limited to members of
27 street gangs and drug users or dealers;
28 (s) refrain from having in his or her body the
29 presence of any illicit drug prohibited by the Cannabis
30 Control Act or the Illinois Controlled Substances Act,
31 unless prescribed by a physician, and submit samples of
32 his or her blood or urine or both for tests to determine
33 the presence of any illicit drug; or
34 (t) comply with any other conditions as may be
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1 ordered by the court.
2 (6) A minor whose case is continued under supervision
3 under subsection (5) shall be given a certificate setting
4 forth the conditions imposed by the court. Those conditions
5 may be reduced, enlarged, or modified by the court on motion
6 of the probation officer or on its own motion, or that of the
7 State's Attorney, or, at the request of the minor after
8 notice and hearing.
9 (7) If a petition is filed charging a violation of a
10 condition of the continuance under supervision, the court
11 shall conduct a hearing. If the court finds that a condition
12 of supervision has not been fulfilled, the court may proceed
13 to findings and adjudication and disposition. The filing of
14 a petition for violation of a condition of the continuance
15 under supervision shall toll the period of continuance under
16 supervision until the final determination of the charge, and
17 the term of the continuance under supervision shall not run
18 until the hearing and disposition of the petition for
19 violation; provided where the petition alleges conduct that
20 does not constitute a criminal offense, the hearing must be
21 held within 30 days of the filing of the petition unless a
22 delay shall continue the tolling of the period of continuance
23 under supervision for the period of the delay.
24 (8) When a hearing in which a minor is alleged to be a
25 delinquent for reasons that include a violation of Section
26 21-1.3 of the Criminal Code of 1961 is continued under this
27 Section, the court shall, as a condition of the continuance
28 under supervision, require the minor to perform community
29 service for not less than 30 and not more than 120 hours, if
30 community service is available in the jurisdiction. The
31 community service shall include, but need not be limited to,
32 the cleanup and repair of the damage that was caused by the
33 alleged violation or similar damage to property located in
34 the municipality or county in which the alleged violation
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1 occurred. The condition may be in addition to any other
2 condition.
3 (9) When a hearing in which a minor is alleged to be a
4 delinquent is continued under this Section, the court, before
5 continuing the case, shall make a finding whether the offense
6 alleged to have been committed either: (i) was related to or
7 in furtherance of the activities of an organized gang or was
8 motivated by the minor's membership in or allegiance to an
9 organized gang, or (ii) is a violation of paragraph (13) of
10 subsection (a) of Section 12-2 of the Criminal Code of 1961,
11 a violation of any Section of Article 24 of the Criminal Code
12 of 1961, or a violation of any statute that involved the
13 unlawful use of a firearm. If the court determines the
14 question in the affirmative the court shall, as a condition
15 of the continuance under supervision and as part of or in
16 addition to any other condition of the supervision, require
17 the minor to perform community service for not less than 30
18 hours nor more than 120 hours, provided that community
19 service is available in the jurisdiction and is funded and
20 approved by the county board of the county where the offense
21 was committed. The community service shall include, but need
22 not be limited to, the cleanup and repair of any damage
23 caused by an alleged violation of Section 21-1.3 of the
24 Criminal Code of 1961 and similar damage to property located
25 in the municipality or county in which the alleged violation
26 occurred. When possible and reasonable, the community
27 service shall be performed in the minor's neighborhood. For
28 the purposes of this Section, "organized gang" has the
29 meaning ascribed to it in Section 10 of the Illinois
30 Streetgang Terrorism Omnibus Prevention Act.
31 (10) The court shall impose upon a minor placed on
32 supervision, as a condition of the supervision, a fee of $25
33 for each month of supervision ordered by the court, unless
34 after determining the inability of the minor placed on
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1 supervision to pay the fee, the court assesses a lesser
2 amount. The court may not impose the fee on a minor who is
3 made a ward of the State under this Act while the minor is in
4 placement. The fee shall be imposed only upon a minor who is
5 actively supervised by the probation and court services
6 department. A court may order the parent, guardian, or legal
7 custodian of the minor to pay some or all of the fee on the
8 minor's behalf.
9 (705 ILCS 405/5-620 new)
10 Sec. 5-620. Findings.
11 After hearing the evidence, the court shall make and note
12 in the minutes of the proceeding a finding of whether or not
13 the minor is guilty. If it finds that the minor is not
14 guilty, the court shall order the petition dismissed and the
15 minor discharged from any detention or restriction previously
16 ordered in such proceeding. If the court finds that the
17 minor is guilty, the court shall then set a time for a
18 sentencing hearing to be conducted under Section 5-705 at
19 which hearing the court shall determine whether it is in the
20 best interests of the minor and the public that he or she be
21 made a ward of the court. To assist the court in making this
22 and other determinations at the sentencing hearing, the court
23 may order that an investigation be conducted and a social
24 investigation report be prepared.
25 (705 ILCS 405/5-625 new)
26 Sec. 5-625. Absence of minor.
27 (1) When a minor after arrest and an initial court
28 appearance for a felony, fails to appear for trial, at the
29 request of the State and after the State has affirmatively
30 proven through substantial evidence that the minor is
31 willfully avoiding trial, the court may commence trial in the
32 absence of the minor. The absent minor must be represented
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1 by retained or appointed counsel. If trial had previously
2 commenced in the presence of the minor and the minor
3 willfully absents himself for 2 successive court days, the
4 court shall proceed to trial. All procedural rights
5 guaranteed by the United States Constitution, Constitution of
6 the State of Illinois, statutes of the State of Illinois, and
7 rules of court shall apply to the proceedings the same as if
8 the minor were present in court. The court may set the case
9 for a trial which may be conducted under this Section despite
10 the failure of the minor to appear at the hearing at which
11 the trial date is set. When the trial date is set the clerk
12 shall send to the minor, by certified mail at his or her last
13 known address, notice of the new date which has been set for
14 trial. The notification shall be required when the minor was
15 not personally present in open court at the time when the
16 case was set for trial.
17 (2) The absence of the minor from a trial conducted
18 under this Section does not operate as a bar to concluding
19 the trial, to a finding of guilty resulting from the trial,
20 or to a final disposition of the trial in favor of the minor.
21 (3) Upon a finding or verdict of not guilty the court
22 shall enter finding for the minor. Upon a finding or verdict
23 of guilty, the court shall set a date for the hearing of
24 post-trial motions and shall hear the motion in the absence
25 of the minor. If post-trial motions are denied, the court
26 shall proceed to conduct a sentencing hearing and to impose a
27 sentence upon the minor. A social investigation is waived if
28 the minor is absent.
29 (4) A minor who is absent for part of the proceedings of
30 trial, post-trial motions, or sentencing, does not thereby
31 forfeit his or her right to be present at all remaining
32 proceedings.
33 (5) When a minor who in his or her absence has been
34 either found guilty or sentenced or both found guilty and
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1 sentenced appears before the court, he or she must be granted
2 a new trial or a new sentencing hearing if the minor can
3 establish that his or her failure to appear in court was both
4 without his or her fault and due to circumstances beyond his
5 or her control. A hearing with notice to the State's
6 Attorney on the minors request for a new trial or a new
7 sentencing hearing must be held before any such request may
8 be granted. At any such hearing both the minor and the State
9 may present evidence.
10 (6) If the court grants only the minor's request for a
11 new sentencing hearing, then a new sentencing hearing shall
12 be held in accordance with the provisions of this Article. At
13 any such hearing, both the minor and the State may offer
14 evidence of the minor's conduct during his or her period of
15 absence from the court. The court may impose any sentence
16 authorized by this Article and in the case of an extended
17 juvenile jurisdiction prosecution the Unified Code of
18 Corrections and is not in any way limited or restricted by
19 any sentence previously imposed.
20 (7) A minor whose motion under subsection (5) for a new
21 trial or new sentencing hearing has been denied may file a
22 notice of appeal from the denial. The notice may also include
23 a request for review of the finding and sentence not vacated
24 by the trial court.
25 (705 ILCS 405/Art. V, Part 7 heading new)
26 PART 7. PROCEEDINGS AFTER TRIAL, SENTENCING
27 (705 ILCS 405/5-701 new)
28 Sec. 5-701. Social investigation report. Upon the order
29 of the court, a social investigation report shall be prepared
30 and delivered to the parties at least 3 days prior to the
31 sentencing hearing. The written report of social
32 investigation shall include an investigation and report of
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1 the minor's physical and mental history and condition, family
2 situation and background, economic status, education,
3 occupation, personal habits, minor's history of delinquency
4 or criminality or other matters which have been brought to
5 the attention of the juvenile court, information about
6 special resources known to the person preparing the report
7 which might be available to assist in the minor's
8 rehabilitation, and any other matters which may be helpful to
9 the court or which the court directs to be included.
10 (705 ILCS 405/5-705 new)
11 Sec. 5-705. Sentencing hearing; evidence; continuance.
12 (1) At the sentencing hearing, the court shall determine
13 whether it is in the best interests of the minor or the
14 public that he or she be made a ward of the court, and, if he
15 or she is to be made a ward of the court, the court shall
16 determine the proper disposition best serving the interests
17 of the minor and the public. All evidence helpful in
18 determining these questions, including oral and written
19 reports, may be admitted and may be relied upon to the extent
20 of its probative value, even though not competent for the
21 purposes of the trial. A record of a prior continuance under
22 supervision under Section 5-615, whether successfully
23 completed or not, is admissible at the sentencing hearing.
24 No order of commitment to the Department of Corrections,
25 Juvenile Division, shall be entered against a minor before a
26 written report of social investigation, which has been
27 completed within the previous 60 days, is presented to and
28 considered by the court.
29 (2) Once a party has been served in compliance with
30 Section 5-525, no further service or notice must be given to
31 that party prior to proceeding to a sentencing hearing.
32 Before imposing sentence the court shall advise the State's
33 Attorney and the parties who are present or their counsel of
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1 the factual contents and the conclusions of the reports
2 prepared for the use of the court and considered by it, and
3 afford fair opportunity, if requested, to controvert them.
4 Factual contents, conclusions, documents and sources
5 disclosed by the court under this paragraph shall not be
6 further disclosed without the express approval of the court.
7 (3) On its own motion or that of the State's Attorney, a
8 parent, guardian, legal custodian, or counsel, the court may
9 adjourn the hearing for a reasonable period to receive
10 reports or other evidence and, in such event, shall make an
11 appropriate order for detention of the minor or his or her
12 release from detention subject to supervision by the court
13 during the period of the continuance. In the event the court
14 shall order detention hereunder, the period of the
15 continuance shall not exceed 30 court days. At the end of
16 such time, the court shall release the minor from detention
17 unless notice is served at least 3 days prior to the hearing
18 on the continued date that the State will be seeking an
19 extension of the period of detention, which notice shall
20 state the reason for the request for the extension. The
21 extension of detention may be for a maximum period of an
22 additional 15 court days or a lesser number of days at the
23 discretion of the court. However, at the expiration of the
24 period of extension, the court shall release the minor from
25 detention if a further continuance is granted. In scheduling
26 investigations and hearings, the court shall give priority to
27 proceedings in which a minor is in detention or has otherwise
28 been removed from his or her home before a sentencing order
29 has been made.
30 (4) When commitment to the Department of Corrections,
31 Juvenile Division, is ordered, the court shall state the
32 basis for selecting the particular disposition, and the court
33 shall prepare such a statement for inclusion in the record.
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1 (705 ILCS 405/5-710 new)
2 Sec. 5-710. Kinds of sentencing orders.
3 (1) The following kinds of sentencing orders may be made
4 in respect of wards of the court:
5 (a) Except as provided in Sections 5-805, 5-810,
6 5-815, a minor who is found guilty under Section 5-620
7 may be:
8 (i) put on probation or conditional discharge
9 and released to his or her parents, guardian or
10 legal custodian, provided, however, that any such
11 minor who is not committed to the Department of
12 Corrections, Juvenile Division under this subsection
13 and who is found to be a delinquent for an offense
14 which is first degree murder, a Class X felony, or a
15 forcible felony shall be placed on probation;
16 (ii) placed in accordance with Section 5-740,
17 with or without also being put on probation or
18 conditional discharge;
19 (iii) required to undergo a substance abuse
20 assessment conducted by a licensed provider and
21 participate in the indicated clinical level of care;
22 (iv) placed in the guardianship of the
23 Department of Children and Family Services, but only
24 if the delinquent minor is under 13 years of age;
25 (v) placed in detention for a period not to
26 exceed 30 days, either as the exclusive order of
27 disposition or, where appropriate, in conjunction
28 with any other order of disposition issued under
29 this paragraph, provided that any such detention
30 shall be in a juvenile detention home and the minor
31 so detained shall be 10 years of age or older.
32 However, the 30-day limitation may be extended by
33 further order of the court for a minor under age 13
34 committed to the Department of Children and Family
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1 Services if the court finds that the minor is a
2 danger to himself or others. The minor shall be
3 given credit on the sentencing order of detention
4 for time spent in detention under Sections 5-501,
5 5-601, 5-710, or 5-720 of this Article as a result
6 of the offense for which the sentencing order was
7 imposed. The court may grant credit on a sentencing
8 order of detention entered under a violation of
9 probation or violation of conditional discharge
10 under Section 5-720 of this Article for time spent
11 in detention before the filing of the petition
12 alleging the violation. A minor shall not be
13 deprived of credit for time spent in detention
14 before the filing of a violation of probation or
15 conditional discharge alleging the same or related
16 act or acts;
17 (vi) ordered partially or completely
18 emancipated in accordance with the provisions of the
19 Emancipation of Mature Minors Act;
20 (vii) subject to having his or her driver's
21 license or driving privileges suspended for such
22 time as determined by the court but only until he or
23 she attains 18 years of age; or
24 (viii) put on probation or conditional
25 discharge and placed in detention under Section
26 3-6039 of the Counties Code for a period not to
27 exceed the period of incarceration permitted by law
28 for adults found guilty of the same offense or
29 offenses for which the minor was adjudicated
30 delinquent, and in any event no longer than upon
31 attainment of age 21; this subdivision (viii)
32 notwithstanding any contrary provision of the law.
33 (b) A minor found to be guilty may be committed to
34 the Department of Corrections, Juvenile Division, under
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1 Section 5-750 if the minor is 13 years of age or older,
2 provided that the commitment to the Department of
3 Corrections, Juvenile Division, shall be made only if a
4 term of incarceration is permitted by law for adults
5 found guilty of the offense for which the minor was
6 adjudicated delinquent. The time during which a minor is
7 in custody before being released upon the request of a
8 parent, guardian or legal custodian shall be considered
9 as time spent in detention.
10 (c) When a minor is found to be guilty for an
11 offense which is a violation of the Illinois Controlled
12 Substances Act or the Cannabis Control Act and made a
13 ward of the court, the court may enter a disposition
14 order requiring the minor to undergo assessment,
15 counseling or treatment in a substance abuse program
16 approved by the Department of Human Services.
17 (2) Any sentencing order other than commitment to the
18 Department of Corrections, Juvenile Division, may provide for
19 protective supervision under Section 5-725 and may include an
20 order of protection under Section 5-730.
21 (3) Unless the sentencing order expressly so provides,
22 it does not operate to close proceedings on the pending
23 petition, but is subject to modification until final closing
24 and discharge of the proceedings under Section 5-750.
25 (4) In addition to any other sentence, the court may
26 order any minor found to be delinquent to make restitution,
27 in monetary or non-monetary form, under the terms and
28 conditions of Section 5-5-6 of the Unified Code of
29 Corrections, except that the "presentencing hearing" referred
30 to in that Section shall be the sentencing hearing for
31 purposes of this Section. The parent, guardian or legal
32 custodian of the minor may be ordered by the court to pay
33 some or all of the restitution on the minor's behalf,
34 pursuant to the Parental Responsibility Law. The State's
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1 Attorney is authorized to act on behalf of any victim in
2 seeking restitution in proceedings under this Section, up to
3 the maximum amount allowed in Section 5 of the Parental
4 Responsibility Law.
5 (5) Any sentencing order where the minor is committed or
6 placed in accordance with Section 5-740 shall provide for the
7 parents or guardian of the estate of the minor to pay to the
8 legal custodian or guardian of the person of the minor such
9 sums as are determined by the custodian or guardian of the
10 person of the minor as necessary for the minor's needs. The
11 payments may not exceed the maximum amounts provided for by
12 Section 9.1 of the Children and Family Services Act.
13 (6) Whenever the sentencing order requires the minor to
14 attend school or participate in a program of training, the
15 truant officer or designated school official shall regularly
16 report to the court if the minor is a chronic or habitual
17 truant under Section 26-2a of the School Code.
18 (7) In no event shall a guilty minor be committed to the
19 Department of Corrections, Juvenile Division for a period of
20 time in excess of that period for which an adult could be
21 committed for the same act.
22 (8) A minor found to be guilty for reasons that include
23 a violation of Section 21-1.3 of the Criminal Code of 1961
24 shall be ordered to perform community service for not less
25 than 30 and not more than 120 hours, if community service is
26 available in the jurisdiction. The community service shall
27 include, but need not be limited to, the cleanup and repair
28 of the damage that was caused by the violation or similar
29 damage to property located in the municipality or county in
30 which the violation occurred. The order may be in addition
31 to any other order authorized by this Section.
32 (9) In addition to any other sentencing order, the court
33 shall order any minor found to be guilty for an act which
34 would constitute, predatory criminal sexual assault of a
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1 child, aggravated criminal sexual assault, criminal sexual
2 assault, aggravated criminal sexual abuse, or criminal sexual
3 abuse if committed by an adult to undergo medical testing to
4 determine whether the defendant has any sexually
5 transmissible disease including a test for infection with
6 human immunodeficiency virus (HIV) or any other identified
7 causative agency of acquired immunodeficiency syndrome
8 (AIDS). Any medical test shall be performed only by
9 appropriately licensed medical practitioners and may include
10 an analysis of any bodily fluids as well as an examination of
11 the minor's person. Except as otherwise provided by law, the
12 results of the test shall be kept strictly confidential by
13 all medical personnel involved in the testing and must be
14 personally delivered in a sealed envelope to the judge of the
15 court in which the sentencing order was entered for the
16 judge's inspection in camera. Acting in accordance with the
17 best interests of the victim and the public, the judge shall
18 have the discretion to determine to whom the results of the
19 testing may be revealed. The court shall notify the minor of
20 the results of the test for infection with the human
21 immunodeficiency virus (HIV). The court shall also notify
22 the victim if requested by the victim, and if the victim is
23 under the age of 15 and if requested by the victim's parents
24 or legal guardian, the court shall notify the victim's
25 parents or the legal guardian, of the results of the test for
26 infection with the human immunodeficiency virus (HIV). The
27 court shall provide information on the availability of HIV
28 testing and counseling at the Department of Public Health
29 facilities to all parties to whom the results of the testing
30 are revealed. The court shall order that the cost of any
31 test shall be paid by the county and may be taxed as costs
32 against the minor.
33 (10) When a court finds a minor to be guilty the court
34 shall, before entering a sentencing order under this Section,
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1 make a finding whether the offense committed either: (a) was
2 related to or in furtherance of the criminal activities of an
3 organized gang or was motivated by the minor's membership in
4 or allegiance to an organized gang, or (b) involved a
5 violation of subsection (a) of Section 12-7.1 of the Criminal
6 Code of 1961, a violation of any Section of Article 24 of the
7 Criminal Code of 1961, or a violation of any statute that
8 involved the wrongful use of a firearm. If the court
9 determines the question in the affirmative, and the court
10 does not commit the minor to the Department of Corrections,
11 Juvenile Division, the court shall order the minor to perform
12 community service for not less than 30 hours nor more than
13 120 hours, provided that community service is available in
14 the jurisdiction and is funded and approved by the county
15 board of the county where the offense was committed. The
16 community service shall include, but need not be limited to,
17 the cleanup and repair of any damage caused by a violation of
18 Section 21-1.3 of the Criminal Code of 1961 and similar
19 damage to property located in the municipality or county in
20 which the violation occurred. When possible and reasonable,
21 the community service shall be performed in the minor's
22 neighborhood. This order shall be in addition to any other
23 order authorized by this Section except for an order to place
24 the minor in the custody of the Department of Corrections,
25 Juvenile Division. For the purposes of this Section,
26 "organized gang" has the meaning ascribed to it in Section 10
27 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
28 (705 ILCS 405/5-715 new)
29 Sec. 5-715. Probation.
30 (1) The period of probation or conditional discharge
31 shall not exceed 5 years or until the minor has attained the
32 age of 21 years, whichever is less, except as provided in
33 this Section for a minor who is found to be guilty for an
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1 offense which is first degree murder, a Class X felony or a
2 forcible felony. The juvenile court may terminate probation
3 or conditional discharge and discharge the minor at any time
4 if warranted by the conduct of the minor and the ends of
5 justice; provided, however, that the period of probation for
6 a minor who is found to be guilty for an offense which is
7 first degree murder, a Class X felony, or a forcible felony
8 shall be at least 5 years.
9 (2) The court may as a condition of probation or of
10 conditional discharge require that the minor:
11 (a) not violate any criminal statute of any
12 jurisdiction;
13 (b) make a report to and appear in person before
14 any person or agency as directed by the court;
15 (c) work or pursue a course of study or vocational
16 training;
17 (d) undergo medical or psychiatric treatment,
18 rendered by a psychiatrist or psychological treatment
19 rendered by a clinical psychologist or social work
20 services rendered by a clinical social worker, or
21 treatment for drug addiction or alcoholism;
22 (e) attend or reside in a facility established for
23 the instruction or residence of persons on probation;
24 (f) support his or her dependents, if any;
25 (g) refrain from possessing a firearm or other
26 dangerous weapon, or an automobile;
27 (h) permit the probation officer to visit him or
28 her at his or her home or elsewhere;
29 (i) reside with his or her parents or in a foster
30 home;
31 (j) attend school;
32 (k) attend a non-residential program for youth;
33 (l) make restitution under the terms of subsection
34 (4) of Section 5-710;
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1 (m) contribute to his or her own support at home or
2 in a foster home;
3 (n) perform some reasonable public or community
4 service;
5 (o) participate with community corrections programs
6 including unified delinquency intervention services
7 administered by the Department of Human Services subject
8 to Section 5 of the Children and Family Services Act;
9 (p) pay costs;
10 (q) serve a term of home confinement. In addition
11 to any other applicable condition of probation or
12 conditional discharge, the conditions of home confinement
13 shall be that the minor:
14 (i) remain within the interior premises of the
15 place designated for his or her confinement during
16 the hours designated by the court;
17 (ii) admit any person or agent designated by
18 the court into the minor's place of confinement at
19 any time for purposes of verifying the minor's
20 compliance with the conditions of his or her
21 confinement; and
22 (iii) use an approved electronic monitoring
23 device if ordered by the court subject to Article 8A
24 of Chapter V of the Unified Code of Corrections;
25 (r) refrain from entering into a designated
26 geographic area except upon terms as the court finds
27 appropriate. The terms may include consideration of the
28 purpose of the entry, the time of day, other persons
29 accompanying the minor, and advance approval by a
30 probation officer, if the minor has been placed on
31 probation, or advance approval by the court, if the minor
32 has been placed on conditional discharge;
33 (s) refrain from having any contact, directly or
34 indirectly, with certain specified persons or particular
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1 types of persons, including but not limited to members of
2 street gangs and drug users or dealers;
3 (t) refrain from having in his or her body the
4 presence of any illicit drug prohibited by the Cannabis
5 Control Act or the Illinois Controlled Substances Act,
6 unless prescribed by a physician, and shall submit
7 samples of his or her blood or urine or both for tests to
8 determine the presence of any illicit drug; or
9 (u) comply with other conditions as may be ordered
10 by the court.
11 (3) The court may as a condition of probation or of
12 conditional discharge require that a minor found guilty on
13 any alcohol, cannabis, or controlled substance violation,
14 refrain from acquiring a driver's license during the period
15 of probation or conditional discharge. If the minor is in
16 possession of a permit or license, the court may require that
17 the minor refrain from driving or operating any motor vehicle
18 during the period of probation or conditional discharge,
19 except as may be necessary in the course of the minor's
20 lawful employment.
21 (4) A minor on probation or conditional discharge shall
22 be given a certificate setting forth the conditions upon
23 which he or she is being released.
24 (5) The court shall impose upon a minor placed on
25 probation or conditional discharge, as a condition of the
26 probation or conditional discharge, a fee of $25 for each
27 month of probation or conditional discharge supervision
28 ordered by the court, unless after determining the inability
29 of the minor placed on probation or conditional discharge to
30 pay the fee, the court assesses a lesser amount. The court
31 may not impose the fee on a minor who is made a ward of the
32 State under this Act while the minor is in placement. The
33 fee shall be imposed only upon a minor who is actively
34 supervised by the probation and court services department.
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1 The court may order the parent, guardian, or legal custodian
2 of the minor to pay some or all of the fee on the minor's
3 behalf.
4 (6) The General Assembly finds that in order to protect
5 the public, the juvenile justice system must compel
6 compliance with the conditions of probation by responding to
7 violations with swift, certain, and fair punishments and
8 intermediate sanctions. The Chief Judge of each circuit
9 shall adopt a system of structured, intermediate sanctions
10 for violations of the terms and conditions of a sentence of
11 probation or conditional discharge, under this Act.
12 The court shall provide as a condition of a disposition
13 of probation, conditional discharge, or supervision, that the
14 probation agency may invoke any sanction from the list of
15 intermediate sanctions adopted by the chief judge of the
16 circuit court for violations of the terms and conditions of
17 the sentence of probation, conditional discharge, or
18 supervision, subject to the provisions of Section 5-720 of
19 this Act.
20 (705 ILCS 405/5-720 new)
21 Sec. 5-720. Probation revocation.
22 (1) If a petition is filed charging a violation of a
23 condition of probation or of conditional discharge, the court
24 shall:
25 (a) order the minor to appear; or
26 (b) order the minor's detention if the court finds
27 that the detention is a matter of immediate and urgent
28 necessity for the protection of the minor or of the
29 person or property of another or that the minor is likely
30 to flee the jurisdiction of the court, provided that any
31 such detention shall be in a juvenile detention home and
32 the minor so detained shall be 10 years of age or older;
33 and
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1 (c) notify the persons named in the petition under
2 Section 5-520, in accordance with the provisions of
3 Section 5-530.
4 In making its detention determination under paragraph (b)
5 of this subsection (1) of this Section, the court may use
6 information in its findings offered at such a hearing by way
7 of proffer based upon reliable information presented by the
8 State, probation officer, or the minor. The filing of a
9 petition for violation of a condition of probation or of
10 conditional discharge shall toll the period of probation or
11 of conditional discharge until the final determination of the
12 charge, and the term of probation or conditional discharge
13 shall not run until the hearing and disposition of the
14 petition for violation.
15 (2) The court shall conduct a hearing of the alleged
16 violation of probation or of conditional discharge. The
17 minor shall not be held in detention longer than 15 days
18 pending the determination of the alleged violation.
19 (3) At the hearing, the State shall have the burden of
20 going forward with the evidence and proving the violation by
21 a preponderance of the evidence. The evidence shall be
22 presented in court with the right of confrontation,
23 cross-examination, and representation by counsel.
24 (4) If the court finds that the minor has violated a
25 condition at any time prior to the expiration or termination
26 of the period of probation or conditional discharge, it may
27 continue him or her on the existing sentence, with or without
28 modifying or enlarging the conditions, or may revoke
29 probation or conditional discharge and impose any other
30 sentence that was available under Section 5-710 at the time
31 of the initial sentence.
32 (5) The conditions of probation and of conditional
33 discharge may be reduced or enlarged by the court on motion
34 of the probation officer or on its own motion or at the
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1 request of the minor after notice and hearing under this
2 Section.
3 (6) Sentencing after revocation of probation or of
4 conditional discharge shall be under Section 5-705.
5 (7) Instead of filing a violation of probation or of
6 conditional discharge, the probation officer, with the
7 concurrence of his or her supervisor, may serve on the minor
8 a notice of intermediate sanctions. The notice shall contain
9 the technical violation or violations involved, the date or
10 dates of the violation or violations, and the intermediate
11 sanctions to be imposed. Upon receipt of the notice, the
12 minor shall immediately accept or reject the intermediate
13 sanctions. If the sanctions are accepted, they shall be
14 imposed immediately. If the intermediate sanctions are
15 rejected or the minor does not respond to the notice, a
16 violation of probation or of conditional discharge shall be
17 immediately filed with the court. The State's Attorney and
18 the sentencing court shall be notified of the notice of
19 sanctions. Upon successful completion of the intermediate
20 sanctions, a court may not revoke probation or conditional
21 discharge or impose additional sanctions for the same
22 violation. A notice of intermediate sanctions may not be
23 issued for any violation of probation or conditional
24 discharge which could warrant an additional, separate felony
25 charge.
26 (705 ILCS 405/5-725 new)
27 Sec. 5-725. Protective supervision. If the sentencing
28 order releases the minor to the custody of his or her
29 parents, guardian or legal custodian, or continues him or her
30 in such custody, the court may place the person having
31 custody of the minor, except for representatives of private
32 or public agencies or governmental departments, under
33 supervision of the probation office. Rules or orders of court
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1 shall define the terms and conditions of protective
2 supervision, which may be modified or terminated when the
3 court finds that the best interests of the minor and the
4 public will be served by modifying or terminating protective
5 supervision.
6 (705 ILCS 405/5-730 new)
7 Sec. 5-730. Order of protection.
8 (1) The court may make an order of protection in
9 assistance of or as a condition of any other order authorized
10 by this Act. The order of protection may set forth
11 reasonable conditions of behavior to be observed for a
12 specified period. The order may require a person:
13 (a) to stay away from the home or the minor;
14 (b) to permit a parent to visit the minor at stated
15 periods;
16 (c) to abstain from offensive conduct against the
17 minor, his or her parent or any person to whom custody of
18 the minor is awarded;
19 (d) to give proper attention to the care of the
20 home;
21 (e) to cooperate in good faith with an agency to
22 which custody of a minor is entrusted by the court or
23 with an agency or association to which the minor is
24 referred by the court;
25 (f) to prohibit and prevent any contact whatsoever
26 with the respondent minor by a specified individual or
27 individuals who are alleged in either a criminal or
28 juvenile proceeding to have caused injury to a respondent
29 minor or a sibling of a respondent minor;
30 (g) to refrain from acts of commission or omission
31 that tend to make the home not a proper place for the
32 minor.
33 (2) The court shall enter an order of protection to
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1 prohibit and prevent any contact between a respondent minor
2 or a sibling of a respondent minor and any person named in a
3 petition seeking an order of protection who has been
4 convicted of heinous battery under Section 12-4.1, aggravated
5 battery of a child under Section 12-4.3, criminal sexual
6 assault under Section 12-13, aggravated criminal sexual
7 assault under Section 12-14, predatory criminal sexual
8 assault of a child under Section 12-14.1, criminal sexual
9 abuse under Section 12-15, or aggravated criminal sexual
10 abuse under Section 12-16 of the Criminal Code of 1961, or
11 has been convicted of an offense that resulted in the death
12 of a child, or has violated a previous order of protection
13 under this Section.
14 (3) When the court issues an order of protection against
15 any person as provided by this Section, the court shall
16 direct a copy of such order to the sheriff of that county.
17 The sheriff shall furnish a copy of the order of protection
18 to the Department of State Police within 24 hours of receipt,
19 in the form and manner required by the Department. The
20 Department of State Police shall maintain a complete record
21 and index of the orders of protection and make this data
22 available to all local law enforcement agencies.
23 (4) After notice and opportunity for hearing afforded to
24 a person subject to an order of protection, the order may be
25 modified or extended for a further specified period or both
26 or may be terminated if the court finds that the best
27 interests of the minor and the public will be served by the
28 modification, extension, or termination.
29 (5) An order of protection may be sought at any time
30 during the course of any proceeding conducted under this Act.
31 Any person against whom an order of protection is sought may
32 retain counsel to represent him or her at a hearing, and has
33 rights to be present at the hearing, to be informed prior to
34 the hearing in writing of the contents of the petition
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1 seeking a protective order and of the date, place, and time
2 of the hearing, and to cross examine witnesses called by the
3 petitioner and to present witnesses and argument in
4 opposition to the relief sought in the petition.
5 (6) Diligent efforts shall be made by the petitioner to
6 serve any person or persons against whom any order of
7 protection is sought with written notice of the contents of
8 the petition seeking a protective order and of the date,
9 place and time at which the hearing on the petition is to be
10 held. When a protective order is being sought in conjunction
11 with a shelter care or detention hearing, if the court finds
12 that the person against whom the protective order is being
13 sought has been notified of the hearing or that diligent
14 efforts have been made to notify the person, the court may
15 conduct a hearing. If a protective order is sought at any
16 time other than in conjunction with a shelter care or
17 detention hearing, the court may not conduct a hearing on the
18 petition in the absence of the person against whom the order
19 is sought unless the petitioner has notified the person by
20 personal service at least 3 days before the hearing or has
21 sent written notice by first class mail to the person's last
22 known address at least 5 days before the hearing.
23 (7) A person against whom an order of protection is
24 being sought who is neither a parent, guardian, or legal
25 custodian or responsible relative as described in Section 1-5
26 of this Act or is not a party or respondent as defined in
27 that Section shall not be entitled to the rights provided in
28 that Section. The person does not have a right to appointed
29 counsel or to be present at any hearing other than the
30 hearing in which the order of protection is being sought or a
31 hearing directly pertaining to that order. Unless the court
32 orders otherwise, the person does not have a right to inspect
33 the court file.
34 (8) All protective orders entered under this Section
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1 shall be in writing. Unless the person against whom the order
2 was obtained was present in court when the order was issued,
3 the sheriff, other law enforcement official, or special
4 process server shall promptly serve that order upon that
5 person and file proof of that service, in the manner provided
6 for service of process in civil proceedings. The person
7 against whom the protective order was obtained may seek a
8 modification of the order by filing a written motion to
9 modify the order within 7 days after actual receipt by the
10 person of a copy of the order.
11 (705 ILCS 405/5-735 new)
12 Sec. 5-735. Enforcement of orders of protective
13 supervision or of protection.
14 (1) Orders of protective supervision and orders of
15 protection may be enforced by citation to show cause for
16 contempt of court by reason of any violation of the order
17 and, where protection of the welfare of the minor so
18 requires, by the issuance of a warrant to take the alleged
19 violator into custody and bring him or her before the court.
20 (2) In any case where an order of protection has been
21 entered, the clerk of the court may issue to the petitioner,
22 to the minor or to any other person affected by the order a
23 certificate stating that an order of protection has been made
24 by the court concerning those persons and setting forth its
25 terms and requirements. The presentation of the certificate
26 to any peace officer authorizes him or her to take into
27 custody a person charged with violating the terms of the
28 order of protection, to bring the person before the court
29 and, within the limits of his or her legal authority as a
30 peace officer, otherwise to aid in securing the protection
31 the order is intended to afford.
32 (705 ILCS 405/5-740 new)
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1 Sec. 5-740. Placement; legal custody or guardianship.
2 (1) If the court finds that the parents, guardian, or
3 legal custodian of a minor adjudged a ward of the court are
4 unfit or are unable, for some reason other than financial
5 circumstances alone, to care for, protect, train or
6 discipline the minor or are unwilling to do so, and that
7 appropriate services aimed at family preservation and family
8 reunification have been unsuccessful in rectifying the
9 conditions which have led to a finding of unfitness or
10 inability to care for, protect, train or discipline the
11 minor, and that it is in the best interest of the minor to
12 take him or her from the custody of his or her parents,
13 guardian or custodian, the court may:
14 (a) place him or her in the custody of a suitable
15 relative or other person;
16 (b) place him or her under the guardianship of a
17 probation officer;
18 (c) commit him or her to an agency for care or
19 placement, except an institution under the authority of
20 the Department of Corrections or of the Department of
21 Children and Family Services;
22 (d) commit him or her to some licensed training
23 school or industrial school; or
24 (e) commit him or her to any appropriate
25 institution having among its purposes the care of
26 delinquent children, including a child protective
27 facility maintained by a child protection district
28 serving the county from which commitment is made, but not
29 including any institution under the authority of the
30 Department of Corrections or of the Department of
31 Children and Family Services.
32 (2) When making such placement, the court, wherever
33 possible, shall select a person holding the same religious
34 belief as that of the minor or a private agency controlled by
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1 persons of like religious faith of the minor and shall
2 require the Department of Children and Family Services to
3 otherwise comply with Section 7 of the Children and Family
4 Services Act in placing the child. In addition, whenever
5 alternative plans for placement are available, the court
6 shall ascertain and consider, to the extent appropriate in
7 the particular case, the views and preferences of the minor.
8 (3) When a minor is placed with a suitable relative or
9 other person, the court shall appoint him or her the legal
10 custodian or guardian of the person of the minor. When a
11 minor is committed to any agency, the court shall appoint the
12 proper officer or representative of the proper officer as
13 legal custodian or guardian of the person of the minor.
14 Legal custodians and guardians of the person of the minor
15 have the respective rights and duties set forth in subsection
16 (9) of Section 5-105 except as otherwise provided by order of
17 court; but no guardian of the person may consent to adoption
18 of the minor. An agency whose representative is appointed
19 guardian of the person or legal custodian of the minor may
20 place him or her in any child care facility, but the facility
21 must be licensed under the Child Care Act of 1969 or have
22 been approved by the Department of Children and Family
23 Services as meeting the standards established for such
24 licensing. Like authority and restrictions shall be
25 conferred by the court upon any probation officer who has
26 been appointed guardian of the person of a minor.
27 (4) No placement by any probation officer or agency
28 whose representative is appointed guardian of the person or
29 legal custodian of a minor may be made in any out of State
30 child care facility unless it complies with the Interstate
31 Compact on the Placement of Children.
32 (5) The clerk of the court shall issue to the guardian
33 or legal custodian of the person a certified copy of the
34 order of court, as proof of his or her authority. No other
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1 process is necessary as authority for the keeping of the
2 minor.
3 (6) Legal custody or guardianship granted under this
4 Section continues until the court otherwise directs, but not
5 after the minor reaches the age of 21 years except as set
6 forth in Section 5-750.
7 (705 ILCS 405/5-745 new)
8 Sec. 5-745. Court review.
9 (1) The court may require any legal custodian or
10 guardian of the person appointed under this Act to report
11 periodically to the court or may cite him or her into court
12 and require him or her, or his or her agency, to make a full
13 and accurate report of his or her or its doings in behalf of
14 the minor. The legal custodian or guardian, within 10 days
15 after the citation, shall make the report, either in writing
16 verified by affidavit or orally under oath in open court, or
17 otherwise as the court directs. Upon the hearing of the
18 report the court may remove the legal custodian or guardian
19 and appoint another in his or her stead or restore the minor
20 to the custody of his or her parents or former guardian or
21 legal custodian.
22 (2) A guardian or legal custodian appointed by the court
23 under this Act shall file updated case plans with the court
24 every 6 months. Every agency which has guardianship of a
25 child shall file a supplemental petition for court review, or
26 review by an administrative body appointed or approved by the
27 court and further order within 18 months of the sentencing
28 order and each 18 months thereafter. The petition shall
29 state facts relative to the child's present condition of
30 physical, mental and emotional health as well as facts
31 relative to his or her present custodial or foster care. The
32 petition shall be set for hearing and the clerk shall mail 10
33 days notice of the hearing by certified mail, return receipt
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1 requested, to the person or agency having the physical
2 custody of the child, the minor and other interested parties
3 unless a written waiver of notice is filed with the petition.
4 Rights of wards of the court under this Act are
5 enforceable against any public agency by complaints for
6 relief by mandamus filed in any proceedings brought under
7 this Act.
8 (3) The minor or any person interested in the minor may
9 apply to the court for a change in custody of the minor and
10 the appointment of a new custodian or guardian of the person
11 or for the restoration of the minor to the custody of his or
12 her parents or former guardian or custodian. In the event
13 that the minor has attained 18 years of age and the guardian
14 or custodian petitions the court for an order terminating his
15 or her guardianship or custody, guardianship or legal custody
16 shall terminate automatically 30 days after the receipt of
17 the petition unless the court orders otherwise. No legal
18 custodian or guardian of the person may be removed without
19 his or her consent until given notice and an opportunity to
20 be heard by the court.
21 (705 ILCS 405/5-750 new)
22 Sec. 5-750. Commitment to the Department of Corrections,
23 Juvenile Division.
24 (1) Except as provided in subsection (2) of this
25 Section, when any delinquent has been adjudged a ward of the
26 court under this Act, the court may commit him or her to the
27 Department of Corrections, Juvenile Division, if it finds
28 that (a) his or her parents, guardian or legal custodian are
29 unfit or are unable, for some reason other than financial
30 circumstances alone, to care for, protect, train or
31 discipline the minor, or are unwilling to do so, or; (b) it
32 is necessary to ensure the protection of the public from the
33 consequences of criminal activity of the delinquent.
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1 (2) When a minor of the age of at least 13 years is
2 adjudged delinquent for the offense of first degree murder,
3 the court shall declare the minor a ward of the court and
4 order the minor committed to the Department of Corrections,
5 Juvenile Division, until the minor's 21st birthday, without
6 the possibility of parole, furlough, or non-emergency
7 authorized absence for a period of 5 years from the date the
8 minor was committed to the Department of Corrections, except
9 that the time that a minor spent in custody for the instant
10 offense before being committed to the Department shall be
11 considered as time credited towards that 5 year period.
12 Nothing in this subsection (2) shall preclude the State's
13 Attorney from seeking to prosecute a minor as an adult as an
14 alternative to proceeding under this Act.
15 (3) Except as provided in subsection (2), the commitment
16 of a delinquent to the Department of Corrections shall be for
17 an indeterminate term which shall automatically terminate
18 upon the delinquent attaining the age of 21 years unless the
19 delinquent is sooner discharged from parole or custodianship
20 is otherwise terminated in accordance with this Act or as
21 otherwise provided for by law.
22 (4) When the court commits a minor to the Department of
23 Corrections, it shall order him or her conveyed forthwith to
24 the appropriate reception station or other place designated
25 by the Department of Corrections, and shall appoint the
26 Assistant Director of Corrections, Juvenile Division, legal
27 custodian of the minor. The clerk of the court shall issue
28 to the Assistant Director of Corrections, Juvenile Division,
29 a certified copy of the order, which constitutes proof of the
30 Director's authority. No other process need issue to warrant
31 the keeping of the minor.
32 (5) If a minor is committed to the Department of
33 Corrections, Juvenile Division, the clerk of the court shall
34 forward to the Department:
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1 (a) the disposition ordered;
2 (b) all reports;
3 (c) the court's statement of the basis for ordering
4 the disposition; and
5 (d) all additional matters which the court directs
6 the clerk to transmit.
7 (6) Whenever the Department of Corrections lawfully
8 discharges from its custody and control a minor committed to
9 it, the Assistant Director of Corrections, Juvenile Division,
10 shall petition the court for an order terminating his or her
11 custodianship. The custodianship shall terminate
12 automatically 30 days after receipt of the petition unless
13 the court orders otherwise.
14 (705 ILCS 405/5-755 new)
15 Sec. 5-755. Duration of wardship and discharge of
16 proceedings.
17 (1) All proceedings under this Act in respect of any
18 minor for whom a petition was filed on or after the effective
19 date of this amendatory Act of 1998 automatically terminate
20 upon his or her attaining the age of 21 years except that
21 provided in Section 5-810.
22 (2) Whenever the court finds that the best interests of
23 the minor and the public no longer require the wardship of
24 the court, the court shall order the wardship terminated and
25 all proceedings under this Act respecting that minor finally
26 closed and discharged. The court may at the same time
27 continue or terminate any custodianship or guardianship
28 previously ordered but the termination must be made in
29 compliance with Section 5-745.
30 (3) The wardship of the minor and any legal
31 custodianship or guardianship respecting the minor for whom a
32 petition was filed on or after the effective date of this
33 amendatory Act of 1998 automatically terminates when he or
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1 she attains the age of 21 years except as set forth in
2 subsection (1) of this Section. The clerk of the court shall
3 at that time record all proceedings under this Act as finally
4 closed and discharged for that reason.
5 (705 ILCS 405/Art. V, Part 8 heading new)
6 PART 8. VIOLENT AND HABITUAL JUVENILE
7 OFFENDER PROVISIONS
8 (705 ILCS 405/5-801 new)
9 Sec. 5-801. Legislative declaration. The General
10 Assembly finds that a substantial and disproportionate amount
11 of serious crime is committed by a relatively small number of
12 juvenile offenders. Part 8 of this Article addresses these
13 juvenile offenders and, in all proceedings under Sections
14 5-805, 5-810, and 5-815, the community's right to be
15 protected shall be the most important purpose of the
16 proceedings.
17 (705 ILCS 405/5-805 new)
18 Sec. 5-805. Transfer of jurisdiction.
19 (1) Mandatory transfers.
20 (a) If a petition alleges commission by a minor 15
21 years of age or older of an act that constitutes a
22 forcible felony under the laws of this State, and if a
23 motion by the State's Attorney to prosecute the minor
24 under the criminal laws of Illinois for the alleged
25 forcible felony alleges that (i) the minor has previously
26 been adjudicated delinquent or found guilty for
27 commission of an act that constitutes a felony under the
28 laws of this State or any other state and (ii) the act
29 that constitutes the offense was committed in furtherance
30 of criminal activity by an organized gang, the Juvenile
31 Judge assigned to hear and determine those motions shall,
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1 upon determining that there is probable cause that both
2 allegations are true, enter an order permitting
3 prosecution under the criminal laws of Illinois.
4 (b) If a petition alleges commission by a minor 15
5 years of age or older of an act that constitutes a felony
6 under the laws of this State, and if a motion by a
7 State's Attorney to prosecute the minor under the
8 criminal laws of Illinois for the alleged felony alleges
9 that (i) the minor has previously been adjudicated
10 delinquent or found guilty for commission of an act that
11 constitutes a forcible felony under the laws of this
12 State or any other state and (ii) the act that
13 constitutes the offense was committed in furtherance of
14 criminal activities by an organized gang, the Juvenile
15 Judge assigned to hear and determine those motions shall,
16 upon determining that there is probable cause that both
17 allegations are true, enter an order permitting
18 prosecution under the criminal laws of Illinois.
19 (c) If a petition alleges commission by a minor 15
20 years of age or older of: (i) an act that constitutes an
21 offense enumerated in the presumptive transfer provisions
22 of subsection (2); and (ii) the minor has previously been
23 adjudicated delinquent or found guilty of a forcible
24 felony, the Juvenile Judge designated to hear and
25 determine those motions shall, upon determining that
26 there is probable cause that both allegations are true,
27 enter an order permitting prosecution under the criminal
28 laws of Illinois.
29 (2) Presumptive transfer.
30 (a) If the State's Attorney files a petition, at
31 any time prior to commencement of the minor's trial, to
32 permit prosecution under the criminal laws and the
33 petition alleges the commission by a minor 15 years of
34 age or older of: (i) a Class X felony other than armed
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1 violence; (ii) aggravated discharge of a firearm; (iii)
2 armed violence with a firearm when the predicate offense
3 is a Class 1 or Class 2 felony and the State's Attorney's
4 motion to transfer the case alleges that the offense
5 committed is in furtherance of the criminal activities of
6 an organized gang; (iv) armed violence with a firearm
7 when the predicate offense is a violation of the Illinois
8 Controlled Substances Act or a violation of the Cannabis
9 Control Act; (v) armed violence when the weapon involved
10 was a machine gun or other weapon described in subsection
11 (a)(7) of Section 24-1 of the Criminal Code of 1961, and,
12 if the juvenile judge assigned to hear and determine
13 motions to transfer a case for prosecution in the
14 criminal court determines that there is probable cause to
15 believe that the allegations in the petition and motion
16 are true, there is a rebuttable presumption that the
17 minor is not a fit and proper subject to be dealt with
18 under the Juvenile Justice Reform Provisions of 1998, and
19 that, except as provided in paragraph (b), the case
20 should be transferred to the criminal court.
21 (b) The judge shall enter an order permitting
22 prosecution under the criminal laws of Illinois unless
23 the judge makes a finding based on clear and convincing
24 evidence that the minor would be amenable to the care,
25 treatment, and training programs available through the
26 facilities of the juvenile court based on an evaluation
27 of the following:
28 (i) The seriousness of the alleged offense;
29 (ii) The minor's history of delinquency;
30 (iii) The age of the minor;
31 (iv) The culpability of the minor in committing
32 the alleged offense;
33 (v) Whether the offense was committed in an
34 aggressive or premeditated manner;
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1 (vi) Whether the minor used or possessed a deadly
2 weapon when committing the alleged offense;
3 (vii) The minor's history of services, including
4 the minor's willingness to participate meaningfully in
5 available services;
6 (viii) The adequacy of the punishment or services
7 available in the juvenile justice system.
8 In considering these factors, the court shall give
9 greater weight to the seriousness of the alleged offense and
10 the minor's prior record of delinquency than to the other
11 factors listed in this subsection.
12 (3) Discretionary transfer.
13 (a) If a petition alleges commission by a minor 13
14 years of age or over of an act that constitutes a crime
15 under the laws of this State and, on motion of the
16 State's Attorney to permit prosecution of the minor under
17 the criminal laws, a Juvenile Judge assigned by the Chief
18 Judge of the Circuit to hear and determine those motions,
19 after hearing but before commencement of the trial, finds
20 that there is probable cause to believe that the
21 allegations in the motion are true and that it is not in
22 the best interests of the public to proceed under this
23 Act, the court may enter an order permitting prosecution
24 under the criminal laws.
25 (b) In making its determination on the motion to
26 permit prosecution under the criminal laws, the court
27 shall consider:
28 (i) The seriousness of the alleged offense;
29 (ii) The minor's history of delinquency;
30 (iii) The age of the minor;
31 (iv) The culpability of the minor in committing the
32 alleged offense;
33 (v) Whether the offense was committed in an
34 aggressive or premeditated manner;
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1 (vi) Whether the minor used or possessed a deadly
2 weapon when committing the alleged offense;
3 (vii) The minor's history of services, including
4 the minor's willingness to participate meaningfully in
5 available services;
6 (viii) The adequacy of the punishment or services
7 available in the juvenile justice system.
8 In considering these factors, the court shall give
9 greater weight to the seriousness of the alleged offense and
10 the minor's prior record of delinquency than to the other
11 factors listed in this subsection.
12 (4) The rules of evidence for this hearing shall be the
13 same as under Section 5-705 of this Act. A minor must be
14 represented in court by counsel before the hearing may be
15 commenced.
16 (5) If criminal proceedings are instituted, the petition
17 for adjudication of wardship shall be dismissed insofar as
18 the act or acts involved in the criminal proceedings. Taking
19 of evidence in a trial on petition for adjudication of
20 wardship is a bar to criminal proceedings based upon the
21 conduct alleged in the petition.
22 (705 ILCS 405/5-810 new)
23 Sec. 5-810. Extended jurisdiction juvenile prosecutions.
24 (1) If the State's Attorney files a petition, at any
25 time prior to commencement of the minor's trial, to designate
26 the proceeding as an extended jurisdiction juvenile
27 prosecution and the petition alleges the commission by a
28 minor 13 years of age or older of any offense which would be
29 a felony if committed by an adult, and, if the juvenile judge
30 assigned to hear and determine petitions to designate the
31 proceeding as an extended jurisdiction juvenile prosecution
32 determines that there is probable cause to believe that the
33 allegations in the petition and motion are true, there is a
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1 rebuttable presumption that the proceeding shall be
2 designated as an extended jurisdiction juvenile proceeding.
3 (b) The judge shall enter an order designating the
4 proceeding as an extended jurisdiction juvenile
5 proceeding unless the judge makes a finding based on
6 clear and convincing evidence that sentencing under the
7 Chapter V of the Unified Code of Corrections would not be
8 appropriate for the minor based on an evaluation of the
9 following factors:
10 (i) The seriousness of the alleged offense;
11 (ii) The minor's history of delinquency;
12 (iii) The age of the minor;
13 (iv) The culpability of the minor in committing the
14 alleged offense;
15 (v) Whether the offense was committed in an
16 aggressive or premeditated manner;
17 (vi) Whether the minor used or possessed a deadly
18 weapon when committing the alleged offense.
19 In considering these factors, the court shall give
20 greater weight to the seriousness of the alleged offense and
21 the minor's prior record of delinquency than to other factors
22 listed in this subsection.
23 (2) Procedures for extended jurisdiction juvenile
24 prosecutions.
25 (a) The State's Attorney may file a written motion
26 for a proceeding to be designated as an extended juvenile
27 jurisdiction prior to commencement of trial. Notice of
28 the motion shall be in compliance with Section 5-530.
29 When the State's Attorney files a written motion that a
30 proceeding be designated an extended jurisdiction
31 juvenile prosecution, the court shall commence a hearing
32 within 30 days of the filing of the motion for
33 designation, unless good cause is shown by the
34 prosecution or the minor as to why the hearing could not
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1 be held within this time period. If the court finds good
2 cause has been demonstrated, then the hearing shall be
3 held within 60 days of the filing of the motion. The
4 hearings shall be open to the public unless the judge
5 finds that the hearing should be closed for the
6 protection of any party, victim or witness. If the
7 Juvenile Judge assigned to hear and determine a motion to
8 designate an extended jurisdiction juvenile prosecution
9 determines that there is probable cause to believe that
10 the allegations in the petition and motion are true the
11 court shall grant the motion for designation.
12 Information used by the court in its findings or stated
13 in or offered in connection with this Section may be by
14 way of proffer based on reliable information offered by
15 the State or the minor. All evidence shall be admissible
16 if it is relevant and reliable regardless of whether it
17 would be admissible under the rules of evidence.
18 (3) Trial. A minor who is subject of an extended
19 jurisdiction juvenile prosecution has the right to trial by
20 jury. Any trial under this Section shall be open to the
21 public.
22 (4) Sentencing. If an extended jurisdiction juvenile
23 prosecution under subsections (1) results in a guilty plea, a
24 verdict of guilty, or a finding of guilt, the court shall
25 impose the following:
26 (i) one or more juvenile sentences under Section
27 5-710; and
28 (ii) an adult criminal sentence in accordance with
29 the provisions of Chapter V of the Unified Code of
30 Corrections, the execution of which shall be stayed on
31 the condition that the offender not violate the
32 provisions of the juvenile sentence.
33 Any sentencing hearing under this Section shall be open to
34 the public.
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1 (5) If, after an extended jurisdiction juvenile
2 prosecution trial, a minor is convicted of a lesser-included
3 offense or of an offense that the State's Attorney did not
4 designate as an extended jurisdiction juvenile prosecution,
5 the State's Attorney may file a written motion, within 10
6 days of the finding of guilt, that the minor be sentenced as
7 an extended jurisdiction juvenile prosecution offender. The
8 court shall rule on this motion using the factors found in
9 paragraph (1) (b) of Section 5-805. If the court denies the
10 State's Attorney's motion for sentencing under the extended
11 jurisdiction juvenile prosecution provision, the court shall
12 proceed to sentence the minor under Section 5-710.
13 (6) When it appears that a minor convicted in an
14 extended jurisdiction juvenile prosecution under subsection
15 (1) has violated the conditions of his or her sentence, or is
16 alleged to have committed a new offense upon the filing of a
17 petition to revoke the stay, the court may, without notice,
18 issue a warrant for the arrest of the minor. After a hearing,
19 if the court finds by a preponderance of the evidence that
20 the allegations in the petition to revoke the stay of
21 execution of the adult sentence have been proven, the court
22 shall order execution of the previously imposed adult
23 criminal sentence. Upon revocation of the stay of the adult
24 criminal sentence and imposition of that sentence, the
25 minor's extended jurisdiction juvenile status shall be
26 terminated. The on-going jurisdiction over the minor's case
27 shall be assumed by the adult criminal court and juvenile
28 court jurisdiction shall be terminated and a report of the
29 imposition of the adult sentence shall be sent to the
30 Department of State Police.
31 (7) Upon successful completion of the juvenile sentence
32 the court shall vacate the adult criminal sentence.
33 (8) Nothing in this Section precludes the State from
34 filing a motion for transfer under Section 5-805.
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1 (705 ILCS 405/5-815, formerly 405/5-35)
2 Sec. 5-815 5-35. Habitual Juvenile Offender.
3 (a) Definition. Any minor having been twice adjudicated
4 a delinquent minor for offenses which, had he been prosecuted
5 as an adult, would have been felonies under the laws of this
6 State, and who is thereafter adjudicated a delinquent minor
7 for a third time shall be adjudged an Habitual Juvenile
8 Offender where:
9 1. the third adjudication is for an offense
10 occurring after adjudication on the second; and
11 2. the second adjudication was for an offense
12 occurring after adjudication on the first; and
13 3. the third offense occurred after January 1,
14 1980; and
15 4. the third offense was based upon the commission
16 of or attempted commission of the following offenses:
17 first degree murder, second degree murder or involuntary
18 manslaughter; criminal sexual assault or aggravated
19 criminal sexual assault; aggravated or heinous battery
20 involving permanent disability or disfigurement or great
21 bodily harm to the victim; burglary of a home or other
22 residence intended for use as a temporary or permanent
23 dwelling place for human beings; home invasion; robbery
24 or armed robbery; or aggravated arson.
25 Nothing in this section shall preclude the State's
26 Attorney from seeking to prosecute a minor as an adult as an
27 alternative to prosecution as an habitual juvenile offender.
28 A continuance under supervision authorized by Section
29 5-615 5-19 of this Act shall not be permitted under this
30 section.
31 (b) Notice to minor. The State shall serve upon the
32 minor written notice of intention to prosecute under the
33 provisions of this Section within 5 judicial days of the
34 filing of any delinquency petition, adjudication upon which
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1 would mandate the minor's disposition as an Habitual Juvenile
2 Offender.
3 (c) Petition; service. A notice to seek adjudication as
4 an Habitual Juvenile Offender shall be filed only by the
5 State's Attorney.
6 The petition upon which such Habitual Juvenile Offender
7 notice is based shall contain the information and averments
8 required for all other delinquency petitions filed under this
9 Act and its service shall be according to the provisions of
10 this Act.
11 No prior adjudication shall be alleged in the petition.
12 (d) Trial. Trial on such petition shall be by jury
13 unless the minor demands, in open court and with advice of
14 counsel, a trial by the court without jury.
15 Except as otherwise provided herein, the provisions of
16 this Act concerning delinquency proceedings generally shall
17 be applicable to Habitual Juvenile Offender proceedings.
18 (e) Proof of prior adjudications. No evidence or other
19 disclosure of prior adjudications shall be presented to the
20 court or jury during any adjudicatory hearing provided for
21 under this Section unless otherwise permitted by the issues
22 properly raised in such hearing. In the event the minor who
23 is the subject of these proceedings elects to testify on his
24 own behalf, it shall be competent to introduce evidence, for
25 purposes of impeachment, that he has previously been
26 adjudicated a delinquent minor upon facts which, had he been
27 tried as an adult, would have resulted in his conviction of a
28 felony or of any offense that involved dishonesty or false
29 statement. Introduction of such evidence shall be according
30 to the rules and procedures applicable to the impeachment of
31 an adult defendant by prior conviction.
32 After an admission of the facts in the petition or
33 adjudication of delinquency, the State's Attorney may file
34 with the court a verified written statement signed by the
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1 State's Attorney concerning any prior adjudication of an
2 offense set forth in subsection (a) of this Section which
3 offense would have been a felony or of any offense that
4 involved dishonesty or false statement had the minor been
5 tried as an adult.
6 The court shall then cause the minor to be brought before
7 it; shall inform him of the allegations of the statement so
8 filed, and of his right to a hearing before the court on the
9 issue of such prior adjudication and of his right to counsel
10 at such hearing; and unless the minor admits such
11 adjudication, the court shall hear and determine such issue,
12 and shall make a written finding thereon.
13 A duly authenticated copy of the record of any such
14 alleged prior adjudication shall be prima facie evidence of
15 such prior adjudication or of any offense that involved
16 dishonesty or false statement.
17 Any claim that a previous adjudication offered by the
18 State's Attorney is not a former adjudication of an offense
19 which, had the minor been prosecuted as an adult, would have
20 resulted in his conviction of a felony or of any offense
21 that involved dishonesty or false statement, is waived unless
22 duly raised at the hearing on such adjudication, or unless
23 the State's Attorney's proof shows that such prior
24 adjudication was not based upon proof of what would have been
25 a felony.
26 (f) Disposition. If the court finds that the
27 prerequisites established in subsection (a) of this Section
28 have been proven, it shall adjudicate the minor an Habitual
29 Juvenile Offender and commit him to the Department of
30 Corrections, Juvenile Division, until his 21st birthday,
31 without possibility of parole, furlough, or non-emergency
32 authorized absence. However, the minor shall be entitled to
33 earn one day of good conduct credit for each day served as
34 reductions against the period of his confinement. Such good
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1 conduct credits shall be earned or revoked according to the
2 procedures applicable to the allowance and revocation of good
3 conduct credit for adult prisoners serving determinate
4 sentences for felonies.
5 For purposes of determining good conduct credit,
6 commitment as an Habitual Juvenile Offender shall be
7 considered a determinate commitment, and the difference
8 between the date of the commitment and the minor's 21st
9 birthday shall be considered the determinate period of his
10 confinement.
11 (Source: P.A. 88-678, eff. 7-1-95.)
12 (705 ILCS 405/5-820, formerly 405/5-36)
13 Sec. 5-820 5-36. Violent Juvenile Offender.
14 (a) Definition. A minor having been previously
15 adjudicated a delinquent minor for an offense which, had he
16 or she been prosecuted as an adult, would have been a Class 2
17 or greater felony involving the use or threat of physical
18 force or violence against an individual or a Class 2 or
19 greater felony for which an element of the offense is
20 possession or use of a firearm, and who is thereafter
21 adjudicated a delinquent minor for a second time for any of
22 those offenses shall be adjudicated a Violent Juvenile
23 Offender if:
24 (1) The second adjudication is for an offense
25 occurring after adjudication on the first; and
26 (2) The second offense occurred on or after January
27 1, 1995.
28 (b) Notice to minor. The State shall serve upon the
29 minor written notice of intention to prosecute under the
30 provisions of this Section within 5 judicial days of the
31 filing of a delinquency petition, adjudication upon which
32 would mandate the minor's disposition as a Violent Juvenile
33 Offender.
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1 (c) Petition; service. A notice to seek adjudication as
2 a Violent Juvenile Offender shall be filed only by the
3 State's Attorney.
4 The petition upon which the Violent Juvenile Offender
5 notice is based shall contain the information and averments
6 required for all other delinquency petitions filed under this
7 Act and its service shall be according to the provisions of
8 this Act.
9 No prior adjudication shall be alleged in the petition.
10 (d) Trial. Trial on the petition shall be by jury
11 unless the minor demands, in open court and with advice of
12 counsel, a trial by the court without a jury.
13 Except as otherwise provided in this Section, the
14 provisions of this Act concerning delinquency proceedings
15 generally shall be applicable to Violent Juvenile Offender
16 proceedings.
17 (e) Proof of prior adjudications. No evidence or other
18 disclosure of prior adjudications shall be presented to the
19 court or jury during an adjudicatory hearing provided for
20 under this Section unless otherwise permitted by the issues
21 properly raised in that hearing. In the event the minor who
22 is the subject of these proceedings elects to testify on his
23 or her own behalf, it shall be competent to introduce
24 evidence, for purposes of impeachment, that he or she has
25 previously been adjudicated a delinquent minor upon facts
26 which, had the minor been tried as an adult, would have
27 resulted in the minor's conviction of a felony or of any
28 offense that involved dishonesty or false statement.
29 Introduction of such evidence shall be according to the rules
30 and procedures applicable to the impeachment of an adult
31 defendant by prior conviction.
32 After an admission of the facts in the petition or
33 adjudication of delinquency, the State's Attorney may file
34 with the court a verified written statement signed by the
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1 State's Attorney concerning any prior adjudication of an
2 offense set forth in subsection (a) of this Section that
3 would have been a felony or of any offense that involved
4 dishonesty or false statement had the minor been tried as an
5 adult.
6 The court shall then cause the minor to be brought before
7 it; shall inform the minor of the allegations of the
8 statement so filed, of his or her right to a hearing before
9 the court on the issue of the prior adjudication and of his
10 or her right to counsel at the hearing; and unless the minor
11 admits the adjudication, the court shall hear and determine
12 the issue, and shall make a written finding of the issue.
13 A duly authenticated copy of the record of any alleged
14 prior adjudication shall be prima facie evidence of the prior
15 adjudication or of any offense that involved dishonesty or
16 false statement.
17 Any claim that a previous adjudication offered by the
18 State's Attorney is not a former adjudication of an offense
19 which, had the minor been prosecuted as an adult, would have
20 resulted in his or her conviction of a Class 2 or greater
21 felony involving the use or threat of force or violence, or a
22 firearm, a felony or of any offense that involved dishonesty
23 or false statement is waived unless duly raised at the
24 hearing on the adjudication, or unless the State's Attorney's
25 proof shows that the prior adjudication was not based upon
26 proof of what would have been a felony.
27 (f) Disposition. If the court finds that the
28 prerequisites established in subsection (a) of this Section
29 have been proven, it shall adjudicate the minor a Violent
30 Juvenile Offender and commit the minor to the Department of
31 Corrections, Juvenile Division, until his or her 21st
32 birthday, without possibility of parole, furlough, or
33 non-emergency authorized absence. However, the minor shall
34 be entitled to earn one day of good conduct credit for each
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1 day served as reductions against the period of his or her
2 confinement. The good conduct credits shall be earned or
3 revoked according to the procedures applicable to the
4 allowance and revocation of good conduct credit for adult
5 prisoners serving determinate sentences for felonies.
6 For purposes of determining good conduct credit,
7 commitment as a Violent Juvenile Offender shall be considered
8 a determinate commitment, and the difference between the date
9 of the commitment and the minor's 21st birthday shall be
10 considered the determinate period of his or her confinement.
11 (g) Nothing in this Section shall preclude the State's
12 Attorney from seeking to prosecute a minor as a habitual
13 juvenile offender or as an adult as an alternative to
14 prosecution as a Violent Juvenile Offender.
15 (h) A continuance under supervision authorized by
16 Section 5-615 5-19 of this Act shall not be permitted under
17 this Section.
18 (Source: P.A. 88-678, eff. 7-1-95.)
19 (705 ILCS 405/Art. V, Part 9 heading new)
20 PART 9. CONFIDENTIALITY OF RECORDS AND EXPUNGEMENTS
21 (705 ILCS 405/5-901 new)
22 Sec. 5-901. Court file.
23 (1) The Court file with respect to proceedings under
24 this Article shall consist of the petitions, pleadings,
25 victim impact statements, process, service of process,
26 orders, writs and docket entries reflecting hearings held and
27 judgments and decrees entered by the court. The court file
28 shall be kept separate from other records of the court.
29 (a) The file, including information identifying the
30 victim or alleged victim of any sex offense, shall be
31 disclosed only to the following parties when necessary
32 for discharge of their official duties:
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1 (i) A judge of the circuit court and members
2 of the staff of the court designated by the judge;
3 (ii) Parties to the proceedings and their
4 attorneys;
5 (iii) Victims and their attorneys, except in
6 cases of multiple victims of sex offenses in which
7 case the information identifying the nonrequesting
8 victims shall be redacted;
9 (iv) Probation officers, law enforcement
10 officers or prosecutors or their staff;
11 (v) Adult and juvenile Prisoner Review Boards.
12 (b) The Court file redacted to remove any
13 information identifying the victim or alleged victim of
14 any sex offense shall be disclosed only to the following
15 parties when necessary for discharge of their official
16 duties:
17 (i) Authorized military personnel;
18 (ii) Persons engaged in bona fide research,
19 with the permission of the judge of the juvenile
20 court and the chief executive of the agency that
21 prepared the particular recording: provided that
22 publication of such research results in no
23 disclosure of a minor's identity and protects the
24 confidentiality of the record;
25 (iii) The Secretary of State to whom the Clerk
26 of the Court shall report the disposition of all
27 cases, as required in Section 6-204 or Section
28 6-205.1 of the Illinois Vehicle Code. However,
29 information reported relative to these offenses
30 shall be privileged and available only to the
31 Secretary of State, courts, and police officers;
32 (iv) The administrator of a bonafide substance
33 abuse student assistance program with the permission
34 of the presiding judge of the juvenile court;
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1 (v) Any individual, or any public or private
2 agency or institution, having custody of the
3 juvenile under court order or providing educational,
4 medical or mental health services to the juvenile or
5 a court-approved advocate for the juvenile or any
6 placement provider or potential placement provider
7 as determined by the court.
8 (3) A minor who is the victim or alleged victim in a
9 juvenile proceeding shall be provided the same
10 confidentiality regarding disclosure of identity as the minor
11 who is the subject of record. Information identifying victims
12 and alleged victims of sex offenses, shall not be disclosed
13 or open to public inspection under any circumstances. Nothing
14 in this Section shall prohibit the victim or alleged victim
15 of any sex offense from voluntarily disclosing his or her
16 identity.
17 (4) Relevant information, reports and records shall be
18 made available to the Department of Corrections when a
19 juvenile offender has been placed in the custody of the
20 Department of Corrections, Juvenile Division.
21 (5) Except as otherwise provided in this subsection (5),
22 juvenile court records shall not be made available to the
23 general public but may be inspected by representatives of
24 agencies, associations and news media or other properly
25 interested persons by general or special order of the court.
26 The State's Attorney, the minor, his or her parents, guardian
27 and counsel shall at all times have the right to examine
28 court files and records.
29 (a) The court shall allow the general public to
30 have access to the name, address, and offense of a minor
31 who is adjudicated a delinquent minor under this Act
32 under either of the following circumstances:
33 (i) The adjudication of delinquency was based
34 upon the minor's commission of first degree murder,
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1 attempt to commit first degree murder, aggravated
2 criminal sexual assault, or criminal sexual assault;
3 or
4 (ii) The court has made a finding that the
5 minor was at least 13 years of age at the time the
6 act was committed and the adjudication of
7 delinquency was based upon the minor's commission
8 of: (A) an act in furtherance of the commission of a
9 felony as a member of or on behalf of a criminal
10 street gang, (B) an act involving the use of a
11 firearm in the commission of a felony, (C) an act
12 that would be a Class X felony offense under or the
13 minor's second or subsequent Class 2 or greater
14 felony offense under the Cannabis Control Act if
15 committed by an adult, (D) an act that would be a
16 second or subsequent offense under Section 402 of
17 the Illinois Controlled Substances Act if committed
18 by an adult, or (E) an act that would be an offense
19 under Section 401 of the Illinois Controlled
20 Substances Act if committed by an adult.
21 (b) The court shall allow the general public to
22 have access to the name, address, and offense of a minor
23 who is at least 13 years of age at the time the offense
24 is committed and who is convicted, in criminal
25 proceedings permitted or required under Section 5-805,
26 under either of the following circumstances:
27 (i) The minor has been convicted of first
28 degree murder, attempt to commit first degree
29 murder, aggravated criminal sexual assault, or
30 criminal sexual assault,
31 (ii) The court has made a finding that the
32 minor was at least 13 years of age at the time the
33 offense was committed and the conviction was based
34 upon the minor's commission of: (A) an offense in
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1 furtherance of the commission of a felony as a
2 member of or on behalf of a criminal street gang,
3 (B) an offense involving the use of a firearm in the
4 commission of a felony, (C) a Class X felony offense
5 under the Cannabis Control Act or a second or
6 subsequent Class 2 or greater felony offense under
7 the Cannabis Control Act, (D) a second or subsequent
8 offense under Section 402 of the Illinois Controlled
9 Substances Act, or (E) an offense under Section 401
10 of the Illinois Controlled Substances Act.
11 (6) Nothing in this Section shall be construed to limit
12 the use of a adjudication of delinquency as evidence in any
13 juvenile or criminal proceeding, where it would otherwise be
14 admissible under the rules of evidence, including but not
15 limited to, use as impeachment evidence against any witness,
16 including the minor if he or she testifies.
17 (7) Nothing in this Section shall affect the right of a
18 Civil Service Commission or appointing authority examining
19 the character and fitness of an applicant for a position as a
20 law enforcement officer to ascertain whether that applicant
21 was ever adjudicated to be a delinquent minor and, if so, to
22 examine the records or evidence which were made in
23 proceedings under this Act.
24 (8) Following any adjudication of delinquency for a
25 crime which would be a felony if committed by an adult, or
26 following any adjudication of delinquency for a violation of
27 Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of
28 1961, the State's Attorney shall ascertain whether the minor
29 respondent is enrolled in school and, if so, shall provide a
30 copy of the sentencing order to the principal or chief
31 administrative officer of the school. Access to such
32 juvenile records shall be limited to the principal or chief
33 administrative officer of the school and any guidance
34 counselor designated by him or her.
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1 (9) Nothing contained in this Act prevents the sharing
2 or disclosure of information or records relating or
3 pertaining to juveniles subject to the provisions of the
4 Serious Habitual Offender Comprehensive Action Program when
5 that information is used to assist in the early
6 identification and treatment of habitual juvenile offenders.
7 (10) When a Court hearing a proceeding under Article II
8 of this Act becomes aware that an earlier proceeding under
9 Article II had been heard in a different county, that Court
10 shall request, and the Court in which the earlier proceedings
11 were initiated shall transmit, an authenticated copy of the
12 Court record, including all documents, petitions, and orders
13 filed therein and the minute orders, transcript of
14 proceedings, and docket entries of the Court.
15 (11) The Clerk of the Circuit Court shall report to the
16 Department of State Police, in the form and manner required
17 by the Department of State Police, the final disposition of
18 each minor who has been arrested or taken into custody before
19 his or her 17th birthday for those offenses required to be
20 reported under Section 5 of the Criminal Identification Act.
21 Information reported to the Department under this Section may
22 be maintained with records that the Department files under
23 Section 2.1 of the Criminal Identification Act.
24 (12) Information or records may be disclosed to the
25 general public when the court is conducting hearings under
26 Section 5-805 or 5-810.
27 (705 ILCS 405/5-905 new)
28 Sec. 5-905. Law enforcement records.
29 (1) Law Enforcement Records. Inspection and copying of
30 law enforcement records maintained by law enforcement
31 agencies that relate to a minor who has been arrested or
32 taken into custody before his or her 17th birthday shall be
33 restricted to the following and when necessary for the
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1 discharge of their official duties:
2 (a) A judge of the circuit court and members of the
3 staff of the court designated by the judge;
4 (b) Law enforcement officers or prosecutors or
5 their staff;
6 (c) The minor, the minor's parents or legal
7 guardian and their attorneys, but only when the juvenile
8 has been charged with an offense;
9 (d) Adult and Juvenile Prisoner Review Boards;
10 (e) Authorized military personnel;
11 (f) Persons engaged in bona fide research, with the
12 permission of the judge of juvenile court and the chief
13 executive of the agency that prepared the particular
14 recording: provided that publication of such research
15 results in no disclosure of a minor's identity and
16 protects the confidentiality of the record;
17 (g) Individuals responsible for supervising or
18 providing temporary or permanent care and custody of
19 minors pursuant to orders of the juvenile court or
20 directives from officials of the Department of Children
21 and Family Services or the Department of Human Services
22 who certify in writing that the information will not be
23 disclosed to any other party except as provided under law
24 or order of court;
25 (h) The appropriate school official. Inspection
26 and copying shall be limited to law enforcement records
27 transmitted to the appropriate school official by a local
28 law enforcement agency under a reciprocal reporting
29 system established and maintained between the school
30 district and the local law enforcement agency under
31 Section 10-20.14 of the School Code concerning a minor
32 enrolled in a school within the school district who has
33 been arrested for any offense classified as a felony or a
34 Class A or B misdemeanor.
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1 (2) Information identifying victims and alleged victims
2 of sex offenses, shall not be disclosed or open to public
3 inspection under any circumstances. Nothing in this Section
4 shall prohibit the victim or alleged victim of any sex
5 offense from voluntarily disclosing his or her identity.
6 (3) Relevant information, reports and records shall be
7 made available to the Department of Corrections when a
8 juvenile offender has been placed in the custody of the
9 Department of Corrections, Juvenile Division.
10 (4) Nothing in this Section shall prohibit the
11 inspection or disclosure to victims and witnesses of
12 photographs contained in the records of law enforcement
13 agencies when the inspection or disclosure is conducted in
14 the presence of a law enforcement officer for purposes of
15 identification or apprehension of any person in the course of
16 any criminal investigation or prosecution.
17 (5) The records of law enforcement officers concerning
18 all minors under 17 years of age must be maintained separate
19 from the records of adults and may not be open to public
20 inspection or their contents disclosed to the public except
21 by order of the court or when the institution of criminal
22 proceedings has been permitted under Section 5-130 or 5-805
23 or required under Section 5-130 or 5-805 or such a person has
24 been convicted of a crime and is the subject of pre-sentence
25 investigation or when provided by law.
26 (6) Law enforcement officers may not disclose the
27 identity of any minor in releasing information to the general
28 public as to the arrest, investigation or disposition of any
29 case involving a minor. Upon written request, law enforcement
30 officers may release the name and address of a minor who has
31 been arrested for a criminal offense to the victim, or if the
32 victim is a minor, to the victim's legal custodian, guardian
33 or parent. The law enforcement officer may release the
34 information only if he or she reasonably believes such
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1 release would not endanger the person or property of the
2 arrested minor or his or her family.
3 (7) Nothing contained in this Section shall prohibit law
4 enforcement agencies when acting in their official capacity
5 from communicating with each other by letter, memorandum,
6 teletype or intelligence alert bulletin or other means the
7 identity or other relevant information pertaining to a person
8 under 17 years of age. The information provided under this
9 subsection (7) shall remain confidential and shall not be
10 publicly disclosed, except as otherwise allowed by law.
11 (8) No person shall disclose information under this
12 Section except when acting in his or her official capacity
13 and as provided by law or order of court.
14 (705 ILCS 405/5-910 new)
15 Sec. 5-910. Social, psychological and medical records.
16 (1) The social investigation, psychological and medical
17 records of any juvenile offender shall be privileged and
18 shall not be disclosed except:
19 (a) upon the written consent of the former juvenile
20 or, if the juvenile offender is under 18 years of age, by
21 the parent of the juvenile; or
22 (b) upon a determination by the head of the
23 treatment facility, who has the records, that disclosure
24 to another individual or facility providing treatment to
25 the minor is necessary for the further treatment of the
26 juvenile offender; or
27 (c) when any court having jurisdiction of the
28 juvenile offender orders disclosure; or
29 (d) when requested by any attorney representing the
30 juvenile offender, but the records shall not be further
31 disclosed by the attorney unless approved by the court or
32 presented as admissible evidence; or
33 (e) upon a written request of a juvenile probation
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1 officer in regard to an alleged juvenile offender when
2 the information is needed for screening and assessment
3 purposes, for preparation of a social investigation or
4 presentence investigation, or placement decisions; but
5 the records shall not be further disclosed by the
6 probation officer unless approved by the court; or
7 (f) when the State's Attorney requests a copy of
8 the social investigation for use at a sentencing hearing
9 or upon written request of the State's Attorney for
10 psychological or medical records when the minor contests
11 his fitness for trial or relies on an affirmative defense
12 of intoxication or insanity.
13 (2) Willful violation of this Section is a Class C
14 misdemeanor.
15 (3) Nothing in this Section shall operate to extinguish
16 any rights of a juvenile offender established by
17 attorney-client, physician-patient, psychologist-client or
18 social worker-client privileges except as otherwise provided
19 by law.
20 (705 ILCS 405/5-915 new)
21 Sec. 5-915. Expungement of law enforcement and juvenile
22 court records.
23 (1) Whenever any person has attained the age of 17 or
24 whenever all juvenile court proceedings relating to that
25 person have been terminated, whichever is later, the person
26 may petition the court to expunge law enforcement records
27 relating to incidents occurring before his or her 17th
28 birthday or his or her juvenile court records, or both, but
29 only in the following circumstances:
30 (a) the minor was arrested and no petition for
31 delinquency was filed with the clerk of the circuit
32 court; or
33 (b) the minor was charged with an offense and was
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1 found not delinquent of that offense; or
2 (c) the minor was placed under supervision pursuant
3 to Section 5-615, and the order of supervision has since
4 been successfully terminated; or
5 (d) the minor was adjudicated for an offense which
6 would be a Class B misdemeanor if committed by an adult.
7 (2) Any person may petition the court to expunge all law
8 enforcement records relating to any incidents occurring
9 before his or her 17th birthday which did not result in
10 proceedings in criminal court and all juvenile court records
11 with respect to any adjudications except those based upon
12 first degree murder and sex offenses which would be felonies
13 if committed by an adult, if the person for whom expungement
14 is sought has had no convictions for any crime since his or
15 her 17th birthday and:
16 (a) has attained the age of 21 years; or
17 (b) 5 years have elapsed since all juvenile court
18 proceedings relating to him or her have been terminated
19 or his or her commitment to the Department of
20 Corrections, Juvenile Division pursuant to this Act has
21 been terminated; whichever is later of (a) or (b).
22 (3) The chief judge of the circuit in which an arrest
23 was made or a charge was brought or any judge of that circuit
24 designated by the chief judge may, upon verified petition of
25 a person who is the subject of an arrest or a juvenile court
26 proceeding under subsection (1) or (2) of this Section, order
27 the law enforcement records or official court file, or both,
28 to be expunged from the official records of the arresting
29 authority, the clerk of the circuit court and the Department
30 of State Police. Notice of the petition shall be served upon
31 the State's Attorney and upon the arresting authority which
32 is the subject of the petition for expungement.
33 (4) Upon entry of an order expunging records or files,
34 the offense, which the records or files concern shall be
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1 treated as if it never occurred. Law enforcement officers and
2 other public offices and agencies shall properly reply on
3 inquiry that no record or file exists with respect to the
4 person.
5 (5) Records which have not been expunged are sealed, and
6 may be obtained only under the provisions of 5-901, 5-905 and
7 5-915.
8 (6) Nothing in this Section shall be construed to
9 prohibit the maintenance of information relating to an
10 offense after records or files concerning the offense have
11 been expunged if the information is kept in a manner that
12 does not enable identification of the offender. This
13 information may only be used for statistical and bona fide
14 research purposes.
15 (705 ILCS 405/6-1) (from Ch. 37, par. 806-1)
16 Sec. 6-1. Probation departments; functions and duties.
17 (1) The chief judge of each circuit shall make provision for
18 probation services for each county in his or her circuit. The
19 appointment of officers to probation or court services
20 departments and the administration of such departments shall
21 be governed by the provisions of Probation and Probation
22 Officers Act.
23 (2) Every county or every group of counties constituting
24 a probation district shall maintain a Court Services or a
25 Probation Department subject to the provisions of Probation
26 and Probation Officers Act. For the purposes of this Act
27 such a Court Services or Probation Department has, but is not
28 limited to, the following powers and duties:
29 (a) When authorized or directed by the court, to
30 receive, investigate and evaluate complaints indicating
31 dependency, requirement of authoritative intervention,
32 addiction or delinquency within the meaning of Sections 2-3,
33 2-4, 3-3, 4-3 or 5-105 5-3, respectively; to determine or
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1 assist the complainant in determining whether a petition
2 should be filed under Sections 2-13, 3-15, 4-12 or 5-520 5-13
3 or whether referral should be made to an agency, association
4 or other person or whether some other action is advisable;
5 and to see that the indicating filing, referral or other
6 action is accomplished. However, no such investigation,
7 evaluation or supervision by such court services or probation
8 department is to occur with regard to complaints indicating
9 only that a minor may be a chronic or habitual truant.
10 (b) When a petition is filed under Section 2-13, 3-15,
11 4-15 or 5-520 5-13, to make pre-hearing investigations and
12 formulate recommendations to the court when the court has
13 authorized or directed the department to do so.
14 (c) To counsel and, by order of the court, to supervise
15 minors referred to the court; to conduct indicated programs
16 of casework, including referrals for medical and mental
17 health service, organized recreation and job placement for
18 wards of the court and, when appropriate, for members of the
19 family of a ward; to act as liaison officer between the court
20 and agencies or associations to which minors are referred or
21 through which they are placed; when so appointed, to serve as
22 guardian of the person of a ward of the court; to provide
23 probation supervision and protective supervision ordered by
24 the court; and to provide like services to wards and
25 probationers of courts in other counties or jurisdictions who
26 have lawfully become local residents.
27 (d) To arrange for placements pursuant to court order.
28 (e) To assume administrative responsibility for such
29 detention, shelter care and other institutions for minors as
30 the court may operate.
31 (f) To maintain an adequate system of case records,
32 statistical records, and financial records related to
33 juvenile detention and shelter care and to make reports to
34 the court and other authorized persons, and to the Supreme
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1 Court pursuant to Probation and Probation Officers Act.
2 (g) To perform such other services as may be appropriate
3 to effectuate the purposes of this Act or as may be directed
4 by any order of court made under this Act.
5 (3) The Court Services or Probation Department in any
6 probation district or county having less than 1,000,000
7 inhabitants, or any personnel of the Department, may be
8 required by the circuit court to render services to the court
9 in other matters as well as proceedings under this Act.
10 (4) In any county or probation district, a Probation
11 Department may be established as a separate division of a
12 more inclusive department of court services, with any
13 appropriate divisional designation. The organization of any
14 such department of court services and the appointment of
15 officers and other personnel must comply with Probation and
16 Probations Officers Act.
17 (Source: P.A. 86-639; 86-659; 86-1028.)
18 (705 ILCS 405/6-8) (from Ch. 37, par. 806-8)
19 Sec. 6-8. Orders on county for care and support. (1)
20 Whenever a minor has been ordered held in detention or placed
21 in shelter care under Sections 2-7, 3-9, 4-6 or 5-410 5-7,
22 the court may order the county to make monthly payments from
23 the fund established pursuant to Section 6-7 in an amount
24 necessary for his care and support, but not for a period in
25 excess of 90 days.
26 (2) Whenever a ward of the court is placed under Section
27 2-27, 3-28, 4-25 or 5-740 5-29, the court may order the
28 county to make monthly payments from the fund established
29 pursuant to Section 6-7 in an amount necessary for his care
30 and support to the guardian of the person or legal custodian
31 appointed under this Act, or to the agency which such
32 guardian or custodian represents.
33 (3) The court may, when the health or condition of any
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1 minor subject to this Act requires it, order the minor placed
2 in a public hospital, institution or agency for treatment or
3 special care, or in a private hospital, institution or agency
4 which will receive him without charge to the public
5 authorities. If such treatment or care cannot be procured
6 without charge, the court may order the county to pay an
7 amount for such treatment from the fund established pursuant
8 to Section 6-7. If the placement is to a hospital or
9 institution, the amount to be paid shall not exceed that paid
10 by the county department of public aid for the care of minors
11 under like conditions, or, if an agency, not more than that
12 established by the Department of Children and Family Services
13 for the care of minors under like conditions. On like order,
14 the county shall pay, from the fund established pursuant to
15 Section 6-7, medical, surgical, dental, optical and other
16 fees and expenses which the court finds are not within the
17 usual scope of charges for the care and support of any minor
18 provided for under this Section.
19 (Source: P.A. 85-1235; 85-1443; 86-820.)
20 (705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
21 Sec. 6-9. Enforcement of liability of parents and
22 others.
23 (1) If parentage is at issue in any proceeding under
24 this Act, the Illinois Parentage Act of 1984 shall apply and
25 the court shall enter orders consistent with that Act. If it
26 appears at any hearing that a parent or any other person
27 named in the petition, liable under the law for the support
28 of the minor, is able to contribute to his support, the court
29 shall enter an order requiring that parent or other person to
30 pay the clerk of the court, or to the guardian or custodian
31 appointed under Sections 2-27, 3-28, 4-25 or 5-740 5-29, a
32 reasonable sum from time to time for the care, support and
33 necessary special care or treatment, of the minor. If the
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1 court determines at any hearing that a parent or any other
2 person named in the petition, liable under the law for the
3 support of the minor, is able to contribute to help defray
4 the costs associated with the minor's detention in a county
5 or regional detention center, the court shall enter an order
6 requiring that parent or other person to pay the clerk of the
7 court a reasonable sum for the care and support of the minor.
8 The court may require reasonable security for the payments.
9 Upon failure to pay, the court may enforce obedience to the
10 order by a proceeding as for contempt of court. On
11 application and with the notice as it may direct, the court
12 may alter the payment or may compromise or waive arrearages
13 in such a manner as appears reasonable and proper.
14 If it appears that the person liable for the support of
15 the minor is able to contribute to legal fees for
16 representation of the minor, the court shall enter an order
17 requiring that person to pay a reasonable sum for the
18 representation, to the attorney providing the representation
19 or to the clerk of the court for deposit in the appropriate
20 account or fund. The sum may be paid as the court directs,
21 and the payment thereof secured and enforced as provided in
22 this Section for support.
23 (2) When a person so ordered to pay for the care and
24 support of a minor is employed for wages, salary or
25 commission, the court may order him to make the support
26 payments for which he is liable under this Act out of his
27 wages, salary or commission and to assign so much thereof as
28 will pay the support. The court may also order him to make
29 discovery to the court as to his place of employment and the
30 amounts earned by him. Upon his failure to obey the orders of
31 court he may be punished as for contempt of court.
32 (3) If the minor is a recipient of public aid under the
33 Illinois Public Aid Code, the court shall order that payments
34 made by a parent or through assignment of his wages, salary
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1 or commission be made directly to (a) the Illinois Department
2 of Public Aid if the minor is a recipient of aid under
3 Article V of the Code, (b) the Department of Human Services
4 if the minor is a recipient of aid under Article IV of the
5 Code, or (c) the local governmental unit responsible for the
6 support of the minor if he is a recipient under Articles VI
7 or VII of the Code. The order shall permit the Illinois
8 Department of Public Aid, the Department of Human Services,
9 or the local governmental unit, as the case may be, to direct
10 that subsequent payments be made directly to the guardian or
11 custodian of the minor, or to some other person or agency in
12 the minor's behalf, upon removal of the minor from the public
13 aid rolls; and upon such direction and removal of the minor
14 from the public aid rolls, the Illinois Department of Public
15 Aid, Department of Human Services, or local governmental
16 unit, as the case requires, shall give written notice of such
17 action to the court. Payments received by the Illinois
18 Department of Public Aid, Department of Human Services, or
19 local governmental unit are to be covered, respectively, into
20 the General Revenue Fund of the State Treasury or General
21 Assistance Fund of the governmental unit, as provided in
22 Section 10-19 of the Illinois Public Aid Code.
23 (Source: P.A. 89-507, eff. 7-1-97.)
24 (705 ILCS 405/6-10) (from Ch. 37, par. 806-10)
25 Sec. 6-10. State reimbursement of funds.
26 (a) Before the 15th day of each month, the clerk of the
27 court shall itemize all payments received by him under
28 Section 6-9 during the preceding month and shall pay such
29 amounts to the county treasurer. Before the 20th day of each
30 month, the county treasurer shall file with the Department of
31 Children and Family Services an itemized statement of the
32 amount of money for the care and shelter of a minor placed in
33 shelter care under Sections 2-7, 3-9, 4-6 or 5-410 5-7 or
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1 placed under Sections 2-27, 3-28, 4-25 or 5-740 5-29 before
2 July 1, 1980 and after June 30, 1981, paid by the county
3 during the last preceding month pursuant to court order
4 entered under Section 6-8, certified by the court, and an
5 itemized account of all payments received by the clerk of the
6 court under Section 6-9 during the preceding month and paid
7 over to the county treasurer, certified by the county
8 treasurer. The Department of Children and Family Services
9 shall examine and audit the monthly statement and account,
10 and upon finding them correct, shall voucher for payment to
11 the county a sum equal to the amount so paid out by the
12 county less the amount received by the clerk of the court
13 under Section 6-9 and paid to the county treasurer but not
14 more than an amount equal to the current average daily rate
15 paid by the Department of Children and Family Services for
16 similar services pursuant to Section 5a of Children and
17 Family Services Act, approved June 4, 1963, as amended.
18 Reimbursement to the counties under this Section for care and
19 support of minors in licensed child caring institutions must
20 be made by the Department of Children and Family Services
21 only for care in those institutions which have filed with the
22 Department a certificate affirming that they admit minors on
23 the basis of need without regard to race or ethnic origin.
24 (b) The county treasurer may file with the Department of
25 Children and Family Services an itemized statement of the
26 amount of money paid by the county during the last preceding
27 month pursuant to court order entered under Section 6-8,
28 certified by the court, and an itemized account of all
29 payments received by the clerk of the court under Section 6-9
30 during the preceding month and paid over to the county
31 treasurer, certified by the county treasurer. The Department
32 of Children and Family Services shall examine and audit the
33 monthly statement and account, and upon finding them correct,
34 shall voucher for payment to the county a sum equal to the
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1 amount so paid out by the county less the amount received by
2 the clerk of the court under Section 6-9 and paid to the
3 county treasurer. Subject to appropriations for that
4 purpose, the State shall reimburse the county for the care
5 and shelter of a minor placed in detention as a result of any
6 new provisions that are created by the Juvenile Justice
7 Reform Provisions of 1998.
8 (Source: P.A. 85-601.)
9 (705 ILCS 405/6-12 new)
10 Sec. 6-12. County juvenile justice councils.
11 (1) Each county, or group of counties pursuant to an
12 intergovernmental agreement, in the State of Illinois may
13 establish a county juvenile justice council ("council").
14 Each of the following county officers shall designate a
15 representative to serve on the council: the sheriff, the
16 State's Attorney, Chief Probation Officer, and the county
17 board. In addition, the chief judge may designate a
18 representative to serve on the council.
19 (a) The council shall organize itself and elect
20 from its members a chairperson and such officers as are
21 deemed necessary. Until a chairperson is elected, the
22 State's Attorney shall serve as interim chairperson.
23 (b) The chairperson shall appoint additional
24 members of the council as is deemed necessary to
25 accomplish the purposes of this Article and whenever
26 possible shall appoint a local Chief of Police and a
27 representative of a community youth service provider. The
28 additional members may include, but are not limited to,
29 representatives of local law enforcement, juvenile
30 justice agencies, schools, businesses, and community
31 organizations.
32 (c) The county juvenile justice council shall meet
33 from time to time, but no less than semi-annually, for
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1 the purpose of encouraging the initiation of, or
2 supporting ongoing, interagency cooperation and programs
3 to address juvenile delinquency and juvenile crime.
4 (2) The purpose of a county juvenile justice council is
5 to provide a forum for the development of a community-based
6 interagency assessment of the local juvenile justice system,
7 to develop a county juvenile justice plan for the prevention
8 of juvenile delinquency, and to make recommendations to the
9 county board, or county boards, for more effectively
10 utilizing existing community resources in dealing with
11 juveniles who are found to be involved in crime, or who are
12 truant or have been suspended or expelled from school. The
13 county juvenile justice plan shall include relevant portions
14 of local crime prevention and public safety plans, school
15 improvement and school safety plans, and the plans or
16 initiatives of other public and private entities within the
17 county that are concerned with dropout prevention, school
18 safety, the prevention of juvenile crime and criminal
19 activity by youth gangs.
20 (3) The duties and responsibilities of the county
21 juvenile justice council include, but are not limited to:
22 (a) Developing a county juvenile justice plan based
23 upon utilization of the resources of law enforcement,
24 school systems, park programs, sports entities, and
25 others in a cooperative and collaborative manner to
26 prevent or discourage juvenile crime.
27 (b) Entering into a written county interagency
28 agreement specifying the nature and extent of
29 contributions each signatory agency will make in
30 achieving the goals of the county juvenile justice plan
31 and their commitment to the sharing of information useful
32 in carrying out the goals of the interagency agreement to
33 the extent authorized by law.
34 (c) Applying for and receiving public or private
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1 grants, to be administered by one of the community
2 partners, that support one or more components of the
3 county juvenile justice plan.
4 (d) Providing a forum for the presentation of
5 interagency recommendations and the resolution of
6 disagreements relating to the contents of the county
7 interagency agreement or the performance by the parties
8 of their respective obligations under the agreement.
9 (e) Assisting and directing the efforts of local
10 community support organizations and volunteer groups in
11 providing enrichment programs and other support services
12 for clients of local juvenile detention centers.
13 (f) Developing and making available a county-wide
14 or multi-county resource guide for minors in need of
15 prevention, intervention, psycho-social, educational
16 support, and other services needed to prevent juvenile
17 delinquency.
18 (4) The council shall have no role in the charging or
19 prosecution of juvenile offenders.
20 (705 ILCS 405/1-8.1 rep.)
21 (705 ILCS 405/1-8.2 rep.)
22 (705 ILCS 405/1-9 rep.)
23 (705 ILCS 405/1-10 rep.)
24 (705 ILCS 405/1-14 rep.)
25 (705 ILCS 405/5-1 rep.)
26 (705 ILCS 405/5-2 rep.)
27 (705 ILCS 405/5-3 rep.)
28 (705 ILCS 405/5-4 rep.)
29 (705 ILCS 405/5-5 rep.)
30 (705 ILCS 405/5-6 rep.)
31 (705 ILCS 405/5-7 rep.)
32 (705 ILCS 405/5-8 rep.)
33 (705 ILCS 405/5-9 rep.)
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1 (705 ILCS 405/5-10 rep.)
2 (705 ILCS 405/5-10.5 rep.)
3 (705 ILCS 405/5-11 rep.)
4 (705 ILCS 405/5-12 rep.)
5 (705 ILCS 405/5-13 rep.)
6 (705 ILCS 405/5-14 rep.)
7 (705 ILCS 405/5-15 rep.)
8 (705 ILCS 405/5-16 rep.)
9 (705 ILCS 405/5-17 rep.)
10 (705 ILCS 405/5-18 rep.)
11 (705 ILCS 405/5-19 rep.)
12 (705 ILCS 405/5-20 rep.)
13 (705 ILCS 405/5-21 rep.)
14 (705 ILCS 405/5-22 rep.)
15 (705 ILCS 405/5-23 rep.)
16 (705 ILCS 405/5-24 rep.)
17 (705 ILCS 405/5-25 rep.)
18 (705 ILCS 405/5-26 rep.)
19 (705 ILCS 405/5-27 rep.)
20 (705 ILCS 405/5-28 rep.)
21 (705 ILCS 405/5-29 rep.)
22 (705 ILCS 405/5-30 rep.)
23 (705 ILCS 405/5-31 rep.)
24 (705 ILCS 405/5-32 rep.)
25 (705 ILCS 405/5-33 rep.)
26 (705 ILCS 405/5-34 rep.)
27 Section 2001-15. The Juvenile Court Act of 1987 is
28 amended by repealing Sections 1-8.1, 1-8.2, 1-9, 1-10, 1-14,
29 5-1, 5-2, 5-3, 5-4, 5-5, 5-6, 5-7, 5-8, 5-9, 5-10, 5-10.5,
30 5-11, 5-12, 5-13, 5-14, 5-15, 5-16, 5-17, 5-18, 5-19, 5-20,
31 5-21, 5-22, 5-23, 5-24, 5-25, 5-26, 5-27, 5-28, 5-29, 5-30,
32 5-31, 5-32, 5-33, and 5-34.
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1 Section 2001-20. The Criminal Code of 1961 is amended by
2 changing Section 12-18 as follows:
3 (720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
4 Sec. 12-18. General Provisions.
5 (a) No person accused of violating Sections 12-13,
6 12-14, 12-15 or 12-16 of this Code shall be presumed to be
7 incapable of committing an offense prohibited by Sections
8 12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code because of
9 age, physical condition or relationship to the victim, except
10 as otherwise provided in subsection (c) of this Section.
11 Nothing in this Section shall be construed to modify or
12 abrogate the affirmative defense of infancy under Section 6-1
13 of this Code or the provisions of Section 5-805 5-4 of the
14 Juvenile Court Act of 1987.
15 (b) Any medical examination or procedure which is
16 conducted by a physician, nurse, medical or hospital
17 personnel, parent, or caretaker for purposes and in a manner
18 consistent with reasonable medical standards is not an
19 offense under Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16
20 of this Code.
21 (c) Prosecution of a spouse of a victim under this
22 subsection for any violation by the victim's spouse of
23 Section 12-13, 12-14, 12-15 or 12-16 of this Code is barred
24 unless the victim reported such offense to a law enforcement
25 agency or the State's Attorney's office within 30 days after
26 the offense was committed, except when the court finds good
27 cause for the delay.
28 (d) In addition to the sentences provided for in
29 Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the
30 Criminal Code of 1961 the Court may order any person who is
31 convicted of violating any of those Sections to meet all or
32 any portion of the financial obligations of treatment,
33 including but not limited to medical, psychiatric,
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1 rehabilitative or psychological treatment, prescribed for the
2 victim or victims of the offense.
3 (e) After a finding at a preliminary hearing that there
4 is probable cause to believe that an accused has committed a
5 violation of Section 12-13, 12-14, or 12-14.1 of this Code,
6 or after an indictment is returned charging an accused with a
7 violation of Section 12-13, 12-14, or 12-14.1 of this Code,
8 at the request of the person who was the victim of the
9 violation of Section 12-13, 12-14, or 12-14.1, the
10 prosecuting State's attorney shall seek an order from the
11 court to compel the accused to be tested for infection with
12 human immunodeficiency virus (HIV). The medical test shall
13 be performed only by appropriately licensed medical
14 practitioners, and shall consist of an enzyme-linked
15 immunosorbent assay (ELISA) test, or such other test as may
16 be approved by the Illinois Department of Public Health; in
17 the event of a positive result, the Western Blot Assay or a
18 more reliable confirmatory test shall be administered. The
19 results of the test shall be kept strictly confidential by
20 all medical personnel involved in the testing and must be
21 personally delivered in a sealed envelope to the victim and
22 to the judge who entered the order, for the judge's
23 inspection in camera. Acting in accordance with the best
24 interests of the victim and the public, the judge shall have
25 the discretion to determine to whom, if anyone, the result of
26 the testing may be revealed; however, in no case shall the
27 identity of the victim be disclosed. The court shall order
28 that the cost of the test shall be paid by the county, and
29 may be taxed as costs against the accused if convicted.
30 (Source: P.A. 88-421; 89-428, eff. 12-13-95; 89-462, eff.
31 5-29-96.)
32 Section 2001-25. The Code of Criminal Procedure of 1963
33 is amended by changing Sections 111-2 and 112A-2 as follows:
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1 (725 ILCS 5/111-2) (from Ch. 38, par. 111-2)
2 Sec. 111-2. Commencement of prosecutions. (a) All
3 prosecutions of felonies shall be by information or by
4 indictment. No prosecution may be pursued by information
5 unless a preliminary hearing has been held or waived in
6 accordance with Section 109-3 and at that hearing probable
7 cause to believe the defendant committed an offense was
8 found, and the provisions of Section 109-3.1 of this Code
9 have been complied with.
10 (b) All other prosecutions may be by indictment,
11 information or complaint.
12 (c) Upon the filing of an information or indictment in
13 open court charging the defendant with the commission of a
14 sex offense defined in any Section of Article 11 of the
15 Criminal Code of 1961, as amended, and a minor as defined in
16 Section 1-3 of the Juvenile Court Act of 1987, as amended, is
17 alleged to be the victim of the commission of the acts of the
18 defendant in the commission of such offense, the court may
19 appoint a guardian ad litem for the minor as provided in
20 Section 2-17, 3-19, 4-16 or 5-610 5-17 of the Juvenile Court
21 Act of 1987.
22 (d) Upon the filing of an information or indictment in
23 open court, the court shall immediately issue a warrant for
24 the arrest of each person charged with an offense directed to
25 a peace officer or some other person specifically named
26 commanding him to arrest such person.
27 (e) When the offense is bailable, the judge shall
28 endorse on the warrant the amount of bail required by the
29 order of the court, and if the court orders the process
30 returnable forthwith, the warrant shall require that the
31 accused be arrested and brought immediately into court.
32 (f) Where the prosecution of a felony is by information
33 or complaint after preliminary hearing, or after a waiver of
34 preliminary hearing in accordance with paragraph (a) of this
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1 Section, such prosecution may be for all offenses, arising
2 from the same transaction or conduct of a defendant even
3 though the complaint or complaints filed at the preliminary
4 hearing charged only one or some of the offenses arising from
5 that transaction or conduct.
6 (Source: P.A. 85-1209.)
7 (725 ILCS 5/112A-2) (from Ch. 38, par. 112A-2)
8 Sec. 112A-2. Commencement of Actions.
9 (a) Actions for orders of protection are commenced in
10 conjunction with a delinquency petition or a criminal
11 prosecution by filing a petition for an order of protection,
12 under the same case number as the delinquency petition or the
13 criminal prosecution, to be granted during pre-trial release
14 of a defendant, with any dispositional order issued under
15 Section 5-710 5-23 of the Juvenile Court Act of 1987, or as a
16 condition of release, supervision, conditional discharge,
17 probation, periodic imprisonment, parole or mandatory
18 supervised release, or in conjunction with imprisonment or a
19 bond forfeiture warrant, provided that:
20 (i) the violation is alleged in an information,
21 complaint, indictment or delinquency petition on file,
22 and the alleged offender and victim are family or
23 household members; and
24 (ii) the petition, which is filed by the State's
25 Attorney, names a victim of the alleged crime as a
26 petitioner.
27 (b) Withdrawal or dismissal of any petition for an order
28 of protection prior to adjudication where the petitioner is
29 represented by the state shall operate as a dismissal without
30 prejudice.
31 (c) Voluntary dismissal or withdrawal of any delinquency
32 petition or criminal prosecution or a finding of not guilty
33 shall not require dismissal of the action for the order of
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1 protection; instead, in the discretion of the State's
2 Attorney, it may be treated as an independent action and, if
3 necessary and appropriate, transferred to a different court
4 or division. Dismissal of any delinquency petition or
5 criminal prosecution shall not affect the validity of any
6 previously issued order of protection, and thereafter
7 subsection (b) of Section 112A-20 shall be inapplicable to
8 that order.
9 (Source: P.A. 86-1300; 87-443; 87-1186.)
10 Section 2001-30. The Bill of Rights for Children is
11 amended by changing Section 3 as follows:
12 (725 ILCS 115/3) (from Ch. 38, par. 1353)
13 Sec. 3. Rights to present child impact statement.
14 (a) In any case where a defendant has been convicted of
15 a violent crime involving a child or a juvenile has been
16 adjudicated a delinquent for any offense defined in Sections
17 12-13 through 12-16 of the Criminal Code of 1961, except
18 those in which both parties have agreed to the imposition of
19 a specific sentence, and a parent or legal guardian of the
20 child involved is present in the courtroom at the time of the
21 sentencing or the disposition hearing, the parent or legal
22 guardian upon his or her request shall have the right to
23 address the court regarding the impact which the defendant's
24 criminal conduct or the juvenile's delinquent conduct has had
25 upon the child. If the parent or legal guardian chooses to
26 exercise this right, the impact statement must have been
27 prepared in writing in conjunction with the Office of the
28 State's Attorney prior to the initial hearing or sentencing,
29 before it can be presented orally at the sentencing hearing.
30 The court shall consider any statements made by the parent or
31 legal guardian, along with all other appropriate factors in
32 determining the sentence of the defendant or disposition of
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1 such juvenile.
2 (b) The crime victim has the right to prepare a victim
3 impact statement and present it to the office of the State's
4 Attorney at any time during the proceedings.
5 (c) This Section shall apply to any child victims of any
6 offense defined in Sections 12-13 through 12-16 of the
7 Criminal Code of 1961 during any dispositional hearing under
8 Section 5-705 5-22 of the Juvenile Court Act of 1987 which
9 takes place pursuant to an adjudication of delinquency for
10 any such offense.
11 (Source: P.A. 88-489.)
12 Section 2001-35. The Rights of Crime Victims and
13 Witnesses Act is amended by changing Section 6 as follows:
14 (725 ILCS 120/6) (from Ch. 38, par. 1406)
15 Sec. 6. Rights to present victim impact statement.
16 (a) In any case where a defendant has been convicted of
17 a violent crime or a juvenile has been adjudicated a
18 delinquent for a violent crime except those in which both
19 parties have agreed to the imposition of a specific sentence,
20 and a victim of the violent crime is present in the courtroom
21 at the time of the sentencing or the disposition hearing, the
22 victim upon his or her request shall have the right to
23 address the court regarding the impact which the defendant's
24 criminal conduct or the juvenile's delinquent conduct has had
25 upon the victim. If the victim chooses to exercise this
26 right, the impact statement must have been prepared in
27 writing in conjunction with the Office of the State's
28 Attorney prior to the initial hearing or sentencing, before
29 it can be presented orally or in writing at the sentencing
30 hearing. In conjunction with the Office of the State's
31 Attorney, a victim impact statement that is presented orally
32 may be done so by the victim or his or her representative.
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1 The court shall consider any statements made by the victim,
2 along with all other appropriate factors in determining the
3 sentence of the defendant or disposition of such juvenile.
4 (b) The crime victim has the right to prepare a victim
5 impact statement and present it to the Office of the State's
6 Attorney at any time during the proceedings.
7 (c) This Section shall apply to any victims of a violent
8 crime during any dispositional hearing under Section 5-705
9 5-22 of the Juvenile Court Act of 1987 which takes place
10 pursuant to an adjudication of delinquency for any such
11 offense.
12 (Source: P.A. 88-489; 88-680, eff. 1-1-95; 89-546, eff.
13 1-1-97.)
14 Section 2001-40. The Unified Code of Corrections is
15 amended by changing Sections 3-2-2, 3-2-5, 3-3-3, 3-3-4,
16 3-3-8, 3-6-2, 3-10-7, 3-15-2, and 5-3-4 as follows:
17 (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
18 Sec. 3-2-2. Powers and Duties of the Department.
19 (1) In addition to the powers, duties and
20 responsibilities which are otherwise provided by law, the
21 Department shall have the following powers:
22 (a) To accept persons committed to it by the courts of
23 this State for care, custody, treatment and rehabilitation.
24 (b) To develop and maintain reception and evaluation
25 units for purposes of analyzing the custody and
26 rehabilitation needs of persons committed to it and to assign
27 such persons to institutions and programs under its control
28 or transfer them to other appropriate agencies. In
29 consultation with the Department of Alcoholism and Substance
30 Abuse (now the Department of Human Services), the Department
31 of Corrections shall develop a master plan for the screening
32 and evaluation of persons committed to its custody who have
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1 alcohol or drug abuse problems, and for making appropriate
2 treatment available to such persons; the Department shall
3 report to the General Assembly on such plan not later than
4 April 1, 1987. The maintenance and implementation of such
5 plan shall be contingent upon the availability of funds.
6 (b-5) To develop, in consultation with the Department of
7 State Police, a program for tracking and evaluating each
8 inmate from commitment through release for recording his or
9 her gang affiliations, activities, or ranks.
10 (c) To maintain and administer all State correctional
11 institutions and facilities under its control and to
12 establish new ones as needed. Pursuant to its power to
13 establish new institutions and facilities, the Department
14 may, with the written approval of the Governor, authorize the
15 Department of Central Management Services to enter into an
16 agreement of the type described in subsection (d) of Section
17 67.02 of the Civil Administrative Code of Illinois. The
18 Department shall designate those institutions which shall
19 constitute the State Penitentiary System.
20 Pursuant to its power to establish new institutions and
21 facilities, the Department may authorize the Department of
22 Central Management Services to accept bids from counties and
23 municipalities for the construction, remodeling or conversion
24 of a structure to be leased to the Department of Corrections
25 for the purposes of its serving as a correctional institution
26 or facility. Such construction, remodeling or conversion may
27 be financed with revenue bonds issued pursuant to the
28 Industrial Building Revenue Bond Act by the municipality or
29 county. The lease specified in a bid shall be for a term of
30 not less than the time needed to retire any revenue bonds
31 used to finance the project, but not to exceed 40 years. The
32 lease may grant to the State the option to purchase the
33 structure outright.
34 Upon receipt of the bids, the Department may certify one
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1 or more of the bids and shall submit any such bids to the
2 General Assembly for approval. Upon approval of a bid by a
3 constitutional majority of both houses of the General
4 Assembly, pursuant to joint resolution, the Department of
5 Central Management Services may enter into an agreement with
6 the county or municipality pursuant to such bid.
7 (c-5) To build and maintain regional juvenile detention
8 centers and to charge a per diem to the counties as
9 established by the Department to defray the costs of housing
10 each minor in a center. In this subsection (c-5), "juvenile
11 detention center" means a facility to house minors during
12 pendency of trial who have been transferred from proceedings
13 under the Juvenile Court Act of 1987 to prosecutions under
14 the criminal laws of this State in accordance with Section
15 5-805 5-4 of the Juvenile Court Act of 1987, whether the
16 transfer was by operation of law or permissive under that
17 Section. The Department shall designate the counties to be
18 served by each regional juvenile detention center.
19 (d) To develop and maintain programs of control,
20 rehabilitation and employment of committed persons within its
21 institutions.
22 (e) To establish a system of supervision and guidance of
23 committed persons in the community.
24 (f) To establish in cooperation with the Department of
25 Transportation to supply a sufficient number of prisoners for
26 use by the Department of Transportation to clean up the trash
27 and garbage along State, county, township, or municipal
28 highways as designated by the Department of Transportation.
29 The Department of Corrections, at the request of the
30 Department of Transportation, shall furnish such prisoners at
31 least annually for a period to be agreed upon between the
32 Director of Corrections and the Director of Transportation.
33 The prisoners used on this program shall be selected by the
34 Director of Corrections on whatever basis he deems proper in
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1 consideration of their term, behavior and earned eligibility
2 to participate in such program - where they will be outside
3 of the prison facility but still in the custody of the
4 Department of Corrections. Prisoners convicted of first
5 degree murder, or a Class X felony, or armed violence, or
6 aggravated kidnapping, or criminal sexual assault,
7 aggravated criminal sexual abuse or a subsequent conviction
8 for criminal sexual abuse, or forcible detention, or arson,
9 or a prisoner adjudged a Habitual Criminal shall not be
10 eligible for selection to participate in such program. The
11 prisoners shall remain as prisoners in the custody of the
12 Department of Corrections and such Department shall furnish
13 whatever security is necessary. The Department of
14 Transportation shall furnish trucks and equipment for the
15 highway cleanup program and personnel to supervise and direct
16 the program. Neither the Department of Corrections nor the
17 Department of Transportation shall replace any regular
18 employee with a prisoner.
19 (g) To maintain records of persons committed to it and
20 to establish programs of research, statistics and planning.
21 (h) To investigate the grievances of any person
22 committed to the Department, to inquire into any alleged
23 misconduct by employees or committed persons, and to
24 investigate the assets of committed persons to implement
25 Section 3-7-6 of this Code; and for these purposes it may
26 issue subpoenas and compel the attendance of witnesses and
27 the production of writings and papers, and may examine under
28 oath any witnesses who may appear before it; to also
29 investigate alleged violations of a parolee's or releasee's
30 conditions of parole or release; and for this purpose it may
31 issue subpoenas and compel the attendance of witnesses and
32 the production of documents only if there is reason to
33 believe that such procedures would provide evidence that such
34 violations have occurred.
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1 If any person fails to obey a subpoena issued under this
2 subsection, the Director may apply to any circuit court to
3 secure compliance with the subpoena. The failure to comply
4 with the order of the court issued in response thereto shall
5 be punishable as contempt of court.
6 (i) To appoint and remove the chief administrative
7 officers, and administer programs of training and development
8 of personnel of the Department. Personnel assigned by the
9 Department to be responsible for the custody and control of
10 committed persons or to investigate the alleged misconduct of
11 committed persons or employees or alleged violations of a
12 parolee's or releasee's conditions of parole shall be
13 conservators of the peace for those purposes, and shall have
14 the full power of peace officers outside of the facilities of
15 the Department in the protection, arrest, retaking and
16 reconfining of committed persons or where the exercise of
17 such power is necessary to the investigation of such
18 misconduct or violations.
19 (j) To cooperate with other departments and agencies and
20 with local communities for the development of standards and
21 programs for better correctional services in this State.
22 (k) To administer all moneys and properties of the
23 Department.
24 (l) To report annually to the Governor on the committed
25 persons, institutions and programs of the Department.
26 (l-5) In a confidential annual report to the Governor,
27 the Department shall identify all inmate gangs by specifying
28 each current gang's name, population and allied gangs. The
29 Department shall further specify the number of top leaders
30 identified by the Department for each gang during the past
31 year, and the measures taken by the Department to segregate
32 each leader from his or her gang and allied gangs. The
33 Department shall further report the current status of leaders
34 identified and segregated in previous years. All leaders
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1 described in the report shall be identified by inmate number
2 or other designation to enable tracking, auditing, and
3 verification without revealing the names of the leaders.
4 Because this report contains law enforcement intelligence
5 information collected by the Department, the report is
6 confidential and not subject to public disclosure.
7 (m) To make all rules and regulations and exercise all
8 powers and duties vested by law in the Department.
9 (n) To establish rules and regulations for administering
10 a system of good conduct credits, established in accordance
11 with Section 3-6-3, subject to review by the Prisoner Review
12 Board.
13 (o) To administer the distribution of funds from the
14 State Treasury to reimburse counties where State penal
15 institutions are located for the payment of assistant state's
16 attorneys' salaries under Section 4-2001 of the Counties
17 Code.
18 (p) To exchange information with the Department of Human
19 Services and the Illinois Department of Public Aid for the
20 purpose of verifying living arrangements and for other
21 purposes directly connected with the administration of this
22 Code and the Illinois Public Aid Code.
23 (q) To establish a diversion program.
24 The program shall provide a structured environment for
25 selected technical parole or mandatory supervised release
26 violators and committed persons who have violated the rules
27 governing their conduct while in work release. This program
28 shall not apply to those persons who have committed a new
29 offense while serving on parole or mandatory supervised
30 release or while committed to work release.
31 Elements of the program shall include, but shall not be
32 limited to, the following:
33 (1) The staff of a diversion facility shall provide
34 supervision in accordance with required objectives set by
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1 the facility.
2 (2) Participants shall be required to maintain
3 employment.
4 (3) Each participant shall pay for room and board
5 at the facility on a sliding-scale basis according to the
6 participant's income.
7 (4) Each participant shall:
8 (A) provide restitution to victims in
9 accordance with any court order;
10 (B) provide financial support to his
11 dependents; and
12 (C) make appropriate payments toward any other
13 court-ordered obligations.
14 (5) Each participant shall complete community
15 service in addition to employment.
16 (6) Participants shall take part in such
17 counseling, educational and other programs as the
18 Department may deem appropriate.
19 (7) Participants shall submit to drug and alcohol
20 screening.
21 (8) The Department shall promulgate rules governing
22 the administration of the program.
23 (r) To enter into intergovernmental cooperation
24 agreements under which persons in the custody of the
25 Department may participate in a county impact incarceration
26 program established under Section 3-6038 or 3-15003.5 of the
27 Counties Code.
28 (r-5) To enter into intergovernmental cooperation
29 agreements under which minors adjudicated delinquent and
30 committed to the Department of Corrections, Juvenile
31 Division, may participate in a county juvenile impact
32 incarceration program established under Section 3-6039 of the
33 Counties Code.
34 (r-10) To systematically and routinely identify with
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1 respect to each streetgang active within the correctional
2 system: (1) each active gang; (2) every existing inter-gang
3 affiliation or alliance; and (3) the current leaders in each
4 gang. The Department shall promptly segregate leaders from
5 inmates who belong to their gangs and allied gangs.
6 "Segregate" means no physical contact and, to the extent
7 possible under the conditions and space available at the
8 correctional facility, prohibition of visual and sound
9 communication. For the purposes of this paragraph (r-10),
10 "leaders" means persons who:
11 (i) are members of a criminal streetgang;
12 (ii) with respect to other individuals within the
13 streetgang, occupy a position of organizer, supervisor,
14 or other position of management or leadership; and
15 (iii) are actively and personally engaged in
16 directing, ordering, authorizing, or requesting
17 commission of criminal acts by others, which are
18 punishable as a felony, in furtherance of streetgang
19 related activity both within and outside of the
20 Department of Corrections.
21 "Streetgang", "gang", and "streetgang related" have the
22 meanings ascribed to them in Section 10 of the Illinois
23 Streetgang Terrorism Omnibus Prevention Act.
24 (s) To operate a super-maximum security institution, in
25 order to manage and supervise inmates who are disruptive or
26 dangerous and provide for the safety and security of the
27 staff and the other inmates.
28 (t) To monitor any unprivileged conversation or any
29 unprivileged communication, whether in person or by mail,
30 telephone, or other means, between an inmate who, before
31 commitment to the Department, was a member of an organized
32 gang and any other person without the need to show cause or
33 satisfy any other requirement of law before beginning the
34 monitoring, except as constitutionally required. The
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1 monitoring may be by video, voice, or other method of
2 recording or by any other means. As used in this subdivision
3 (1)(t), "organized gang" has the meaning ascribed to it in
4 Section 10 of the Illinois Streetgang Terrorism Omnibus
5 Prevention Act.
6 As used in this subdivision (1)(t), "unprivileged
7 conversation" or "unprivileged communication" means a
8 conversation or communication that is not protected by any
9 privilege recognized by law or by decision, rule, or order of
10 the Illinois Supreme Court.
11 (u) To do all other acts necessary to carry out the
12 provisions of this Chapter.
13 (2) The Department of Corrections shall by January 1,
14 1998, consider building and operating a correctional facility
15 within 100 miles of a county of over 2,000,000 inhabitants,
16 especially a facility designed to house juvenile participants
17 in the impact incarceration program.
18 (Source: P.A. 89-110, eff. 1-1-96; 89-302, eff. 8-11-95;
19 89-312, eff. 8-11-95; 89-390, eff. 8-20-95; 89-507, eff.
20 7-1-97; 89-626, eff. 8-9-96; 89-688, eff. 6-1-97; 89-689,
21 eff. 12-31-96; 90-14, eff. 7-1-97.)
22 (730 ILCS 5/3-2-5) (from Ch. 38, par. 1003-2-5)
23 Sec. 3-2-5. Organization of the Department. (a) There
24 shall be an Adult Division within the Department which shall
25 be administered by an Assistant Director appointed by the
26 Governor under The Civil Administrative Code of Illinois. The
27 Assistant Director shall be under the direction of the
28 Director. The Adult Division shall be responsible for all
29 persons committed or transferred to the Department under
30 Sections 3-10-7 or 5-8-6 of this Code.
31 (b) There shall be a Juvenile Division within the
32 Department which shall be administered by an Assistant
33 Director appointed by the Governor under The Civil
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1 Administrative Code of Illinois. The Assistant Director shall
2 be under the direction of the Director. The Juvenile Division
3 shall be responsible for all persons committed to the
4 Juvenile Division of the Department under Section 5-8-6 of
5 this Code or Section 5-10 of the Juvenile Court Act or
6 Section 5-750 5-33 of the Juvenile Court Act of 1987.
7 (Source: P.A. 85-1209.)
8 (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
9 Sec. 3-3-3. Eligibility for Parole or Release. (a) Except
10 for those offenders who accept the fixed release date
11 established by the Prisoner Review Board under Section
12 3-3-2.1, every person serving a term of imprisonment under
13 the law in effect prior to the effective date of this
14 amendatory Act of 1977 shall be eligible for parole when he
15 has served:
16 (1) the minimum term of an indeterminate sentence less
17 time credit for good behavior, or 20 years less time credit
18 for good behavior, whichever is less; or
19 (2) 20 years of a life sentence less time credit for
20 good behavior; or
21 (3) 20 years or one-third of a determinate sentence,
22 whichever is less, less time credit for good behavior.
23 (b) No person sentenced under this amendatory Act of
24 1977 or who accepts a release date under Section 3-3-2.1
25 shall be eligible for parole.
26 (c) Except for those sentenced to a term of natural life
27 imprisonment, every person sentenced to imprisonment under
28 this amendatory Act of 1977 or given a release date under
29 Section 3-3-2.1 of this Act shall serve the full term of a
30 determinate sentence less time credit for good behavior and
31 shall then be released under the mandatory supervised release
32 provisions of paragraph (d) of Section 5-8-1 of this Code.
33 (d) No person serving a term of natural life
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1 imprisonment may be paroled or released except through
2 executive clemency.
3 (e) Every person committed to the Juvenile Division
4 under Section 5-10 of the Juvenile Court Act or Section 5-750
5 5-33 of the Juvenile Court Act of 1987 or Section 5-8-6 of
6 this Code and confined in the State correctional institutions
7 or facilities if such juvenile has not been tried as an adult
8 shall be eligible for parole without regard to the length of
9 time the person has been confined or whether the person has
10 served any minimum term imposed. However, if a juvenile has
11 been tried as an adult he shall only be eligible for parole
12 or mandatory supervised release as an adult under this
13 Section.
14 (Source: P.A. 85-1209.)
15 (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
16 Sec. 3-3-4. Preparation for Parole Hearing. (a) The
17 Prisoner Review Board shall consider the parole of each
18 eligible person committed to the Adult Division at least 30
19 days prior to the date he shall first become eligible for
20 parole, and shall consider the parole of each person
21 committed to the Juvenile Division as a delinquent at least
22 30 days prior to the expiration of the first year of
23 confinement.
24 (b) A person eligible for parole shall, in advance of
25 his parole hearing, prepare a parole plan in accordance with
26 the rules of the Prisoner Review Board. The person shall be
27 assisted in preparing his parole plan by personnel of the
28 Department and may, for this purpose, be released on furlough
29 under Article 11 or on authorized absence under Section
30 3-9-4. The Department shall also provide assistance in
31 obtaining information and records helpful to the individual
32 for his parole hearing.
33 (c) The members of the Board shall have access at all
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1 reasonable times to any committed person and to his master
2 record file within the Department, and the Department shall
3 furnish such reports to the Board as the Board may require
4 concerning the conduct and character of any such person.
5 (d) In making its determination of parole, the Board
6 shall consider:
7 (1) material transmitted to the Department by the clerk
8 of the committing court under Section 5-4-1 or Section 5-10
9 of the Juvenile Court Act or Section 5-750 5-33 of the
10 Juvenile Court Act of 1987;
11 (2) the report under Section 3-8-2 or 3-10-2;
12 (3) a report by the Department and any report by the
13 chief administrative officer of the institution or facility;
14 (4) a parole progress report;
15 (5) a medical and psychological report, if requested by
16 the Board;
17 (6) material in writing, or on film, video tape or other
18 electronic means in the form of a recording submitted by the
19 person whose parole is being considered; and
20 (7) material in writing, or on film, video tape or other
21 electronic means in the form of a recording or testimony
22 submitted by the State's Attorney and the victim pursuant to
23 the Bill of Rights for Victims and Witnesses of Violent Crime
24 Act.
25 (e) The prosecuting State's Attorney's office shall
26 receive reasonable written notice not less than 15 days prior
27 to the parole hearing and may submit relevant information in
28 writing, or on film, video tape or other electronic means or
29 in the form of a recording to the Board for its
30 consideration. The State's Attorney may waive the written
31 notice.
32 (f) The victim of the violent crime for which the
33 prisoner has been sentenced shall receive notice of a parole
34 hearing as provided in paragraph (16) of Section 4 of the
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1 Bill of Rights for Victims and Witnesses of Violent Crime
2 Act.
3 (g) Any recording considered under the provisions of
4 subsection (d)(6), (d)(7) or (e) of this Section shall be in
5 the form designated by the Board. Such recording shall be
6 both visual and aural. Every voice on the recording and
7 person present shall be identified and the recording shall
8 contain either a visual or aural statement of the person
9 submitting such recording, the date of the recording and the
10 name of the person whose parole eligibility is being
11 considered. Such recordings, if retained by the Board shall
12 be deemed to be submitted at any subsequent parole hearing if
13 the victim or State's Attorney submits in writing a
14 declaration clearly identifying such recording as
15 representing the present position of the victim or State's
16 Attorney regarding the issues to be considered at the parole
17 hearing.
18 (Source: P.A. 86-642.)
19 (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
20 Sec. 3-3-8. Length of parole and mandatory supervised
21 release; discharge.)
22 (a) The length of parole for a person sentenced under
23 the law in effect prior to the effective date of this
24 amendatory Act of 1977 and the length of mandatory supervised
25 release for those sentenced under the law in effect on and
26 after such effective date shall be as set out in Section
27 5-8-1 unless sooner terminated under paragraph (b) of this
28 Section. The parole period of a juvenile committed to the
29 Department under the Juvenile Court Act or the Juvenile Court
30 Act of 1987 shall extend until he is 21 years of age unless
31 sooner terminated under paragraph (b) of this Section.
32 (b) The Prisoner Review Board may enter an order
33 releasing and discharging one from parole or mandatory
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1 supervised release, and his commitment to the Department,
2 when it determines that he is likely to remain at liberty
3 without committing another offense.
4 (c) The order of discharge shall become effective upon
5 entry of the order of the Board. The Board shall notify the
6 clerk of the committing court of the order. Upon receipt of
7 such copy, the clerk shall make an entry on the record
8 judgment that the sentence or commitment has been satisfied
9 pursuant to the order.
10 (d) Rights of the person discharged under this Section
11 shall be restored under Section 5-5-5. This Section is
12 subject to Section 5-750 5-33 of the Juvenile Court Act of
13 1987.
14 (Source: P.A. 85-1209.)
15 (730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
16 Sec. 3-6-2. Institutions and Facility Administration.
17 (a) Each institution and facility of the Department
18 shall be administered by a chief administrative officer
19 appointed by the Director. A chief administrative officer
20 shall be responsible for all persons assigned to the
21 institution or facility. The chief administrative officer
22 shall administer the programs of the Department for the
23 custody and treatment of such persons.
24 (b) The chief administrative officer shall have such
25 assistants as the Department may assign.
26 (c) The Director or Assistant Director shall have the
27 emergency powers to temporarily transfer individuals without
28 formal procedures to any State, county, municipal or regional
29 correctional or detention institution or facility in the
30 State, subject to the acceptance of such receiving
31 institution or facility, or to designate any reasonably
32 secure place in the State as such an institution or facility
33 and to make transfers thereto. However, transfers made under
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1 emergency powers shall be reviewed as soon as practicable
2 under Article 8, and shall be subject to Section 5-905 1-7 of
3 the Juvenile Court Act of 1987. This Section shall not apply
4 to transfers to the Department of Human Services which are
5 provided for under Section 3-8-5 or Section 3-10-5.
6 (d) The Department shall provide educational programs
7 for all committed persons so that all persons have an
8 opportunity to attain the achievement level equivalent to the
9 completion of the twelfth grade in the public school system
10 in this State. Other higher levels of attainment shall be
11 encouraged and professional instruction shall be maintained
12 wherever possible. The Department may establish programs of
13 mandatory education and may establish rules and regulations
14 for the administration of such programs. A person committed
15 to the Department who, during the period of his or her
16 incarceration, participates in an educational program
17 provided by or through the Department and through that
18 program is awarded or earns the number of hours of credit
19 required for the award of an associate, baccalaureate, or
20 higher degree from a community college, college, or
21 university located in Illinois shall reimburse the State,
22 through the Department, for the costs incurred by the State
23 in providing that person during his or her incarceration with
24 the education that qualifies him or her for the award of that
25 degree. The costs for which reimbursement is required under
26 this subsection shall be determined and computed by the
27 Department under rules and regulations that it shall
28 establish for that purpose. However, interest at the rate of
29 6% per annum shall be charged on the balance of those costs
30 from time to time remaining unpaid, from the date of the
31 person's parole, mandatory supervised release, or release
32 constituting a final termination of his or her commitment to
33 the Department until paid.
34 (e) A person committed to the Department who becomes in
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1 need of medical or surgical treatment but is incapable of
2 giving consent thereto shall receive such medical or surgical
3 treatment by the chief administrative officer consenting on
4 the person's behalf. Before the chief administrative officer
5 consents, he or she shall obtain the advice of one or more
6 physicians licensed to practice medicine in all its branches
7 in this State. If such physician or physicians advise:
8 (1) that immediate medical or surgical treatment is
9 required relative to a condition threatening to cause
10 death, damage or impairment to bodily functions, or
11 disfigurement; and
12 (2) that the person is not capable of giving
13 consent to such treatment; the chief administrative
14 officer may give consent for such medical or surgical
15 treatment, and such consent shall be deemed to be the
16 consent of the person for all purposes, including, but
17 not limited to, the authority of a physician to give such
18 treatment.
19 (f) In the event that the person requires medical care
20 and treatment at a place other than the institution or
21 facility, the person may be removed therefrom under
22 conditions prescribed by the Department. The Department shall
23 require the committed person receiving medical or dental
24 services on a non-emergency basis to pay a $2 co-payment to
25 the Department for each visit for medical or dental services
26 at a place other than the institution or facility. The
27 amount of each co-payment shall be deducted from the
28 committed person's individual account. A committed person who
29 is indigent is exempt from the $2 co-payment and is entitled
30 to receive medical or dental services on the same basis as a
31 committed person who is financially able to afford the
32 co-payment.
33 (g) Any person having sole custody of a child at the
34 time of commitment or any woman giving birth to a child after
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1 her commitment, may arrange through the Department of
2 Children and Family Services for suitable placement of the
3 child outside of the Department of Corrections. The Director
4 of the Department of Corrections may determine that there are
5 special reasons why the child should continue in the custody
6 of the mother until the child is 6 years old.
7 (h) The Department may provide Family Responsibility
8 Services which may consist of, but not be limited to the
9 following:
10 (1) family advocacy counseling;
11 (2) parent self-help group;
12 (3) parenting skills training;
13 (4) parent and child overnight program;
14 (5) parent and child reunification counseling,
15 either separately or together, preceding the inmate's
16 release; and
17 (6) a prerelease reunification staffing involving
18 the family advocate, the inmate and the child's
19 counselor, or both and the inmate.
20 (i) Prior to the release of any inmate who has a
21 documented history of intravenous drug use, and upon the
22 receipt of that inmate's written informed consent, the
23 Department shall provide for the testing of such inmate for
24 infection with human immunodeficiency virus (HIV) and any
25 other identified causative agent of acquired immunodeficiency
26 syndrome (AIDS). The testing provided under this subsection
27 shall consist of an enzyme-linked immunosorbent assay (ELISA)
28 test or such other test as may be approved by the Illinois
29 Department of Public Health. If the test result is positive,
30 the Western Blot Assay or more reliable confirmatory test
31 shall be administered. All inmates tested in accordance with
32 the provisions of this subsection shall be provided with
33 pre-test and post-test counseling. Notwithstanding any
34 provision of this subsection to the contrary, the Department
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1 shall not be required to conduct the testing and counseling
2 required by this subsection unless sufficient funds to cover
3 all costs of such testing and counseling are appropriated for
4 that purpose by the General Assembly.
5 (Source: P.A. 89-507, eff. 7-1-97; 89-659, eff. 1-1-97;
6 90-14, eff. 7-1-97.)
7 (730 ILCS 5/3-10-7) (from Ch. 38, par. 1003-10-7)
8 Sec. 3-10-7. Interdivisional Transfers. (a) In any case
9 where a minor was originally prosecuted under the provisions
10 of the Criminal Code of 1961, as amended, and sentenced under
11 the provisions of this Act pursuant to Section 2-7 of the
12 Juvenile Court Act or Section 5-805 5-4 of the Juvenile Court
13 Act of 1987 and committed to the Juvenile Division under
14 Section 5-8-6, the Department of Corrections shall, within 30
15 days of the date that the minor reaches the age of 17, send
16 formal notification to the sentencing court and the State's
17 Attorney of the county from which the minor was sentenced
18 indicating the day upon which the minor offender will achieve
19 the age of 17. Within 90 days of receipt of that notice, the
20 sentencing court shall conduct a hearing, pursuant to the
21 provisions of subsection (c) of this Section to determine
22 whether or not the minor shall continue to remain under the
23 auspices of the Juvenile Division or be transferred to the
24 Adult Division of the Department of Corrections.
25 The minor shall be served with notice of the date of the
26 hearing, shall be present at the hearing, and has the right
27 to counsel at the hearing. The minor, with the consent of
28 his or her counsel or guardian may waive his presence at
29 hearing.
30 (b) Unless sooner paroled under Section 3-3-3, the
31 confinement of a minor person committed for an indeterminate
32 sentence in a criminal proceeding shall terminate at the
33 expiration of the maximum term of imprisonment, and he shall
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1 thereupon be released to serve a period of parole under
2 Section 5-8-1, but if the maximum term of imprisonment does
3 not expire until after his 21st birthday, he shall continue
4 to be subject to the control and custody of the Department,
5 and on his 21st birthday, he shall be transferred to the
6 Adult Division. If such person is on parole on his 21st
7 birthday, his parole supervision may be transferred to the
8 Adult Division.
9 (c) Any interdivisional transfer hearing conducted
10 pursuant to subsection (a) of this Section shall consider all
11 available information which may bear upon the issue of
12 transfer. All evidence helpful to the court in determining
13 the question of transfer, including oral and written reports
14 containing hearsay, may be relied upon to the extent of its
15 probative value, even though not competent for the purposes
16 of an adjudicatory hearing. The court shall consider, along
17 with any other relevant matter, the following:
18 1. The nature of the offense for which the minor was
19 found guilty and the length of the sentence the minor has to
20 serve and the record and previous history of the minor.
21 2. The record of the minor's adjustment within the
22 Department of Corrections' Juvenile Division, including, but
23 not limited to, reports from the minor's counselor, any
24 escapes, attempted escapes or violent or disruptive conduct
25 on the part of the minor, any tickets received by the minor,
26 summaries of classes attended by the minor, and any record of
27 work performed by the minor while in the institution.
28 3. The relative maturity of the minor based upon the
29 physical, psychological and emotional development of the
30 minor.
31 4. The record of the rehabilitative progress of the
32 minor and an assessment of the vocational potential of the
33 minor.
34 5. An assessment of the necessity for transfer of the
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1 minor, including, but not limited to, the availability of
2 space within the Department of Corrections, the disciplinary
3 and security problem which the minor has presented to the
4 Juvenile Division and the practicability of maintaining the
5 minor in a juvenile facility, whether resources have been
6 exhausted within the Juvenile Division of the Department of
7 Corrections, the availability of rehabilitative and
8 vocational programs within the Department of Corrections, and
9 the anticipated ability of the minor to adjust to confinement
10 within an adult institution based upon the minor's physical
11 size and maturity.
12 All relevant factors considered under this subsection
13 need not be resolved against the juvenile in order to justify
14 such transfer. Access to social records, probation reports
15 or any other reports which are considered by the court for
16 the purpose of transfer shall be made available to counsel
17 for the juvenile at least 30 days prior to the date of the
18 transfer hearing. The Sentencing Court, upon granting a
19 transfer order, shall accompany such order with a statement
20 of reasons.
21 (d) Whenever the Director or his designee determines
22 that the interests of safety, security and discipline require
23 the transfer to the Adult Division of a person 17 years or
24 older who was prosecuted under the provisions of the Criminal
25 Code of 1961, as amended, and sentenced under the provisions
26 of this Act pursuant to Section 2-7 of the Juvenile Court Act
27 or Section 5-805 5-4 of the Juvenile Court Act of 1987 and
28 committed to the Juvenile Division under Section 5-8-6, the
29 Director or his designee may authorize the emergency transfer
30 of such person, unless the transfer of the person is governed
31 by subsection (e) of this Section. The sentencing court shall
32 be provided notice of any emergency transfer no later than 3
33 days after the emergency transfer. Upon motion brought
34 within 60 days of the emergency transfer by the sentencing
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1 court or any party, the sentencing court may conduct a
2 hearing pursuant to the provisions of subsection (c) of this
3 Section in order to determine whether the person shall remain
4 confined in the Adult Division.
5 (e) The Director or his designee may authorize the
6 permanent transfer to the Adult Division of any person 18
7 years or older who was prosecuted under the provisions of the
8 Criminal Code of 1961, as amended, and sentenced under the
9 provisions of this Act pursuant to Section 2-7 of the
10 Juvenile Court Act or Section 5-805 5-4 of the Juvenile Court
11 Act of 1987 and committed to the Juvenile Division under
12 Section 5-8-6 of this Act. The Director or his designee shall
13 be governed by the following factors in determining whether
14 to authorize the permanent transfer of the person to the
15 Adult Division:
16 1. The nature of the offense for which the person was
17 found guilty and the length of the sentence the person has to
18 serve and the record and previous history of the person.
19 2. The record of the person's adjustment within the
20 Department of Corrections' Juvenile Division, including, but
21 not limited to, reports from the person's counselor, any
22 escapes, attempted escapes or violent or disruptive conduct
23 on the part of the person, any tickets received by the
24 person, summaries of classes attended by the person, and any
25 record of work performed by the person while in the
26 institution.
27 3. The relative maturity of the person based upon the
28 physical, psychological and emotional development of the
29 person.
30 4. The record of the rehabilitative progress of the
31 person and an assessment of the vocational potential of the
32 person.
33 5. An assessment of the necessity for transfer of the
34 person, including, but not limited to, the availability of
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1 space within the Department of Corrections, the disciplinary
2 and security problem which the person has presented to the
3 Juvenile Division and the practicability of maintaining the
4 person in a juvenile facility, whether resources have been
5 exhausted within the Juvenile Division of the Department of
6 Corrections, the availability of rehabilitative and
7 vocational programs within the Department of Corrections, and
8 the anticipated ability of the person to adjust to
9 confinement within an adult institution based upon the
10 person's physical size and maturity.
11 (Source: P.A. 85-1209.)
12 (730 ILCS 5/3-15-2) (from Ch. 38, par. 1003-15-2)
13 Sec. 3-15-2. Standards and Assistance to Local Jails and
14 Detention and Shelter Care Facilities.
15 (a) The Department shall establish for the operation of
16 county and municipal jails and houses of correction, and
17 county juvenile detention and shelter care facilities
18 established pursuant to the "County Shelter Care and
19 Detention Home Act", minimum standards for the physical
20 condition of such institutions and for the treatment of
21 inmates with respect to their health and safety and the
22 security of the community.
23 Such standards shall not apply to county shelter care
24 facilities which were in operation prior to January 1, 1980.
25 Such standards shall not seek to mandate minimum floor space
26 requirements for each inmate housed in cells and detention
27 rooms in county and municipal jails and houses of correction.
28 However, no more than two inmates may be housed in a single
29 cell or detention room.
30 When an inmate is tested for an airborne communicable
31 disease, as determined by the Illinois Department of Public
32 Health including but not limited to tuberculosis, the results
33 of the test shall be personally delivered by the warden or
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1 his or her designee in a sealed envelope to the judge of the
2 court in which the inmate must appear for the judge's
3 inspection in camera if requested by the judge. Acting in
4 accordance with the best interests of those in the courtroom,
5 the judge shall have the discretion to determine what if any
6 precautions need to be taken to prevent transmission of the
7 disease in the courtroom.
8 (b) At least once each year, the Department may inspect
9 each adult facility for compliance with the standards
10 established and the results of such inspection shall be made
11 available by the Department for public inspection. At least
12 once each year, the Department shall inspect each county
13 juvenile detention and shelter care facility for compliance
14 with the standards established, and the Department shall make
15 the results of such inspections available for public
16 inspection. If any detention, shelter care or correctional
17 facility does not comply with the standards established, the
18 Director of Corrections shall give notice to the county board
19 and the sheriff or the corporate authorities of the
20 municipality, as the case may be, of such noncompliance,
21 specifying the particular standards that have not been met by
22 such facility. If the facility is not in compliance with such
23 standards when six months have elapsed from the giving of
24 such notice, the Director of Corrections may petition the
25 appropriate court for an order requiring such facility to
26 comply with the standards established by the Department or
27 for other appropriate relief.
28 (c) The Department may provide consultation services for
29 the design, construction, programs and administration of
30 detention, shelter care, and correctional facilities and
31 services for children and adults operated by counties and
32 municipalities and may make studies and surveys of the
33 programs and the administration of such facilities. Personnel
34 of the Department shall be admitted to these facilities as
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1 required for such purposes. The Department may develop and
2 administer programs of grants-in-aid for correctional
3 services in cooperation with local agencies. The Department
4 may provide courses of training for the personnel of such
5 institutions and conduct pilot projects in the institutions.
6 (d) The Department is authorized to issue reimbursement
7 grants for counties, municipalities or public building
8 commissions for the purpose of meeting minimum correctional
9 facilities standards set by the Department under this
10 Section. Grants may be issued only for projects that were
11 completed after July 1, 1980 and initiated prior to January
12 1, 1987.
13 (1) Grants for regional correctional facilities
14 shall not exceed 90% of the project costs or $7,000,000,
15 whichever is less.
16 (2) Grants for correctional facilities by a single
17 county, municipality or public building commission shall
18 not exceed 75% of the proposed project costs or
19 $4,000,000, whichever is less.
20 (3) As used in this subsection (d), "project" means
21 only that part of a facility that is constructed for
22 jail, correctional or detention purposes and does not
23 include other areas of multi-purpose buildings.
24 Construction or renovation grants are authorized to be
25 issued by the Capital Development Board from capital
26 development bond funds after application by a county or
27 counties, municipality or municipalities or public building
28 commission or commissions and approval of a construction or
29 renovation grant by the Department for projects initiated
30 after January 1, 1987.
31 (e) The Department shall adopt standards for county
32 jails to hold juveniles on a temporary basis, as provided in
33 Section 5-410 Sections 5-7 and 5-10 of the Juvenile Court Act
34 of 1987. These standards shall include educational,
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1 recreational, and disciplinary standards as well as access to
2 medical services, crisis intervention, mental health
3 services, suicide prevention, health care, nutritional needs,
4 and visitation rights. The Department shall also notify any
5 county applying to hold juveniles in a county jail of the
6 monitoring and program standards for juvenile detention
7 facilities under Section 5-410 paragraphs (C-1)(a) and
8 (C-1)(c) of subsection (2) of Section 5-7 and paragraphs
9 (5.1)(a) and (5.1)(c) of Section 5-10 of the Juvenile Court
10 Act of 1987.
11 (Source: P.A. 89-64, eff. 1-1-96; 89-477, eff. 6-18-96;
12 89-656, eff. 8-14-96; 90-14, eff. 7-1-97.)
13 (730 ILCS 5/5-3-4) (from Ch. 38, par. 1005-3-4)
14 Sec. 5-3-4. Disclosure of Reports.
15 (a) Any report made pursuant to this Article or Section
16 5-705 5-22 of the Juvenile Court Act of 1987 shall be filed
17 of record with the court in a sealed envelope.
18 (b) Presentence reports shall be open for inspection
19 only as follows:
20 (1) to the sentencing court;
21 (2) to the state's attorney and the defendant's
22 attorney at least 3 days prior to the imposition of
23 sentence, unless such 3 day requirement is waived;
24 (3) to an appellate court in which the conviction
25 or sentence is subject to review;
26 (4) to any department, agency or institution to
27 which the defendant is committed;
28 (5) to any probation department of whom courtesy
29 probation is requested;
30 (6) to any probation department assigned by a court
31 of lawful jurisdiction to conduct a presentence report;
32 (7) to any other person only as ordered by the
33 court.
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1 (c) Presentence reports shall be filed of record with
2 the court within 30 days of a verdict or finding of guilty
3 for any offense involving an illegal sexual act perpetrated
4 upon a victim, including but not limited to offenses for
5 violations of Article 12 of the Criminal Code of 1961.
6 (d) A complaint, information or indictment shall not be
7 quashed or dismissed nor shall any person in custody for an
8 offense be discharged from custody because of noncompliance
9 with subsection (c) of this Section.
10 (Source: P.A. 86-391; 87-900.)
11 Section 2001-45. The Probation and Probation Officers
12 Act is amended by changing Section 15.1 as follows:
13 (730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1)
14 Sec. 15.1. Probation and Court Services Fund.
15 (a) The county treasurer in each county shall establish
16 a probation and court services fund consisting of fees
17 collected pursuant to subsection (i) of Section 5-6-3 and
18 subsection (i) of Section 5-6-3.1 of the Unified Code of
19 Corrections, and subsection (10) of Section 5-615 5-19 and
20 subsection (5) of Section 5-715 5-24 of the Juvenile Court
21 Act of 1987. The county treasurer shall disburse monies from
22 the fund only at the direction of the chief judge of the
23 circuit court in such circuit where the county is located.
24 The county treasurer of each county shall, on or before
25 January 10 of each year, submit an annual report to the
26 Supreme Court.
27 (b) Monies in the probation and court services fund
28 shall be appropriated by the county board to be used within
29 the county or jurisdiction where collected in accordance with
30 policies and guidelines approved by the Supreme Court for the
31 costs of operating the probation and court services
32 department or departments; however, monies in the probation
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1 and court services fund shall not be used for the payment of
2 salaries of probation and court services personnel.
3 (c) Monies expended from the probation and court
4 services fund shall be used to supplement, not supplant,
5 county appropriations for probation and court services.
6 (d) Interest earned on monies deposited in a probation
7 and court services fund may be used by the county for its
8 ordinary and contingent expenditures.
9 (e) The county board may appropriate moneys from the
10 probation and court services fund, upon the direction of the
11 chief judge, to support programs that are part of the
12 continuum of juvenile delinquency intervention programs which
13 are or may be developed within the county. The grants from
14 the probation and court services fund shall be for no more
15 than one year and may be used for any expenses attributable
16 to the program including administration and oversight of the
17 program by the probation department.
18 (Source: P.A. 89-198, eff. 7-21-95.)
19 Section 2001-50. The Illinois Domestic Violence Act of
20 1986 is amended by changing Section 202 as follows:
21 (750 ILCS 60/202) (from Ch. 40, par. 2312-2)
22 Sec. 202. Commencement of action; filing fees;
23 dismissal.
24 (a) How to commence action. Actions for orders of
25 protection are commenced:
26 (1) Independently: By filing a petition for an
27 order of protection in any civil court, unless specific
28 courts are designated by local rule or order.
29 (2) In conjunction with another civil proceeding:
30 By filing a petition for an order of protection under the
31 same case number as another civil proceeding involving
32 the parties, including but not limited to: (i) any
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1 proceeding under the Illinois Marriage and Dissolution of
2 Marriage Act, Illinois Parentage Act of 1984, Nonsupport
3 of Spouse and Children Act, Revised Uniform Reciprocal
4 Enforcement of Support Act or an action for nonsupport
5 brought under Article 10 of the Illinois Public Aid Code,
6 provided that a petitioner and the respondent are a party
7 to or the subject of that proceeding or (ii) a
8 guardianship proceeding under the Probate Act of 1975, or
9 a proceeding for involuntary commitment under the Mental
10 Health and Developmental Disabilities Code, or any
11 proceeding, other than a delinquency petition, under the
12 Juvenile Court Act of 1987, provided that a petitioner or
13 the respondent is a party to or the subject of such
14 proceeding.
15 (3) In conjunction with a delinquency petition or a
16 criminal prosecution: By filing a petition for an order
17 of protection, under the same case number as the
18 delinquency petition or criminal prosecution, to be
19 granted during pre-trial release of a defendant, with any
20 dispositional order issued under Section 5-710 5-23 of
21 the Juvenile Court Act of 1987 or as a condition of
22 release, supervision, conditional discharge, probation,
23 periodic imprisonment, parole or mandatory supervised
24 release, or in conjunction with imprisonment or a bond
25 forfeiture warrant; provided that:
26 (i) the violation is alleged in an
27 information, complaint, indictment or delinquency
28 petition on file, and the alleged offender and
29 victim are family or household members or persons
30 protected by this Act; and
31 (ii) the petition, which is filed by the
32 State's Attorney, names a victim of the alleged
33 crime as a petitioner.
34 (b) Filing, certification, and service fees. No fee
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1 shall be charged by the clerk for filing petitions or
2 certifying orders. No fee shall be charged by the sheriff
3 for service by the sheriff of a petition, rule, motion, or
4 order in an action commenced under this Section.
5 (c) Dismissal and consolidation. Withdrawal or
6 dismissal of any petition for an order of protection prior to
7 adjudication where the petitioner is represented by the State
8 shall operate as a dismissal without prejudice. No action
9 for an order of protection shall be dismissed because the
10 respondent is being prosecuted for a crime against the
11 petitioner. An independent action may be consolidated with
12 another civil proceeding, as provided by paragraph (2) of
13 subsection (a) of this Section. For any action commenced
14 under paragraph (2) or (3) of subsection (a) of this Section,
15 dismissal of the conjoined case (or a finding of not guilty)
16 shall not require dismissal of the action for the order of
17 protection; instead, it may be treated as an independent
18 action and, if necessary and appropriate, transferred to a
19 different court or division. Dismissal of any conjoined case
20 shall not affect the validity of any previously issued order
21 of protection, and thereafter subsections (b)(1) and (b)(2)
22 of Section 220 shall be inapplicable to such order.
23 (d) Pro se petitions. The court shall provide, through
24 the office of the clerk of the court, simplified forms and
25 clerical assistance to help with the writing and filing of a
26 petition under this Section by any person not represented by
27 counsel. In addition, that assistance may be provided by the
28 state's attorney.
29 (Source: P.A. 87-1186; 88-306.)
30 Section 2001-55. Administrative Office of the Illinois
31 Courts; report. The Administrative Office of the Illinois
32 Courts shall study the fiscal impact of the implementation of
33 this Act which is under its authority and submit a report of
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1 that study to the General Assembly within 12 months after the
2 enactment of this Act. The Administrative Office may, in
3 addition to other requests, make a request for funding of the
4 implementation of this Act.
5 ARTICLE 3001. YOUTH DRIVING
6 Section 3001-5. The Illinois Vehicle Code is amended by
7 changing Section 6-204 and adding Section 6-205.1 as follows:
8 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
9 Sec. 6-204. When Court to forward License and Reports.
10 (a) For the purpose of providing to the Secretary of
11 State the records essential to the performance of the
12 Secretary's duties under this Code to cancel, revoke or
13 suspend the driver's license and privilege to drive motor
14 vehicles of certain minors adjudicated truant minors in need
15 of supervision, addicted, or delinquent and of persons found
16 guilty of the criminal offenses or traffic violations which
17 this Code recognizes as evidence relating to unfitness to
18 safely operate motor vehicles, the following duties are
19 imposed upon public officials:
20 1. Whenever any person is convicted of any offense
21 for which this Code makes mandatory the cancellation or
22 revocation of the driver's license or permit of such
23 person by the Secretary of State, the judge of the court
24 in which such conviction is had shall require the
25 surrender to the clerk of the court of all driver's
26 licenses or permits then held by the person so convicted,
27 and the clerk of the court shall, within 10 days
28 thereafter, forward the same, together with a report of
29 such conviction, to the Secretary.
30 2. Whenever any person is convicted of any offense
31 under this Code or similar offenses under a municipal
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1 ordinance, other than regulations governing standing,
2 parking or weights of vehicles, and excepting the
3 following enumerated Sections of this Code: Sections
4 11-1406 (obstruction to driver's view or control),
5 11-1407 (improper opening of door into traffic), 11-1410
6 (coasting on downgrade), 11-1411 (following fire
7 apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101
8 (driving vehicle which is in unsafe condition or
9 improperly equipped), 12-201(a) (daytime lights on
10 motorcycles), 12-202 (clearance, identification and side
11 marker lamps), 12-204 (lamp or flag on projecting load),
12 12-205 (failure to display the safety lights required),
13 12-401 (restrictions as to tire equipment), 12-502
14 (mirrors), 12-503 (windshields must be unobstructed and
15 equipped with wipers), 12-601 (horns and warning
16 devices), 12-602 (mufflers, prevention of noise or
17 smoke), 12-603 (seat safety belts), 12-702 (certain
18 vehicles to carry flares or other warning devices),
19 12-703 (vehicles for oiling roads operated on highways),
20 12-710 (splash guards and replacements), 13-101 (safety
21 tests), 15-101 (size, weight and load), 15-102 (width),
22 15-103 (height), 15-104 (name and address on second
23 division vehicles), 15-107 (length of vehicle), 15-109.1
24 (cover or tarpaulin), 15-111 (weights), 15-112 (weights),
25 15-301 (weights), 15-316 (weights), 15-318 (weights), and
26 also excepting the following enumerated Sections of the
27 Chicago Municipal Code: Sections 27-245 (following fire
28 apparatus), 27-254 (obstruction of traffic), 27-258
29 (driving vehicle which is in unsafe condition), 27-259
30 (coasting on downgrade), 27-264 (use of horns and signal
31 devices), 27-265 (obstruction to driver's view or driver
32 mechanism), 27-267 (dimming of headlights), 27-268
33 (unattended motor vehicle), 27-272 (illegal funeral
34 procession), 27-273 (funeral procession on boulevard),
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1 27-275 (driving freighthauling vehicles on boulevard),
2 27-276 (stopping and standing of buses or taxicabs),
3 27-277 (cruising of public passenger vehicles), 27-305
4 (parallel parking), 27-306 (diagonal parking), 27-307
5 (parking not to obstruct traffic), 27-308 (stopping,
6 standing or parking regulated), 27-311 (parking
7 regulations), 27-312 (parking regulations), 27-313
8 (parking regulations), 27-314 (parking regulations),
9 27-315 (parking regulations), 27-316 (parking
10 regulations), 27-317 (parking regulations), 27-318
11 (parking regulations), 27-319 (parking regulations),
12 27-320 (parking regulations), 27-321 (parking
13 regulations), 27-322 (parking regulations), 27-324
14 (loading and unloading at an angle), 27-333 (wheel and
15 axle loads), 27-334 (load restrictions in the downtown
16 district), 27-335 (load restrictions in residential
17 areas), 27-338 (width of vehicles), 27-339 (height of
18 vehicles), 27-340 (length of vehicles), 27-352
19 (reflectors on trailers), 27-353 (mufflers), 27-354
20 (display of plates), 27-355 (display of city vehicle tax
21 sticker), 27-357 (identification of vehicles), 27-358
22 (projecting of loads), and also excepting the following
23 enumerated paragraphs of Section 2-201 of the Rules and
24 Regulations of the Illinois State Toll Highway Authority:
25 (l) (driving unsafe vehicle on tollway), (m) (vehicles
26 transporting dangerous cargo not properly indicated), it
27 shall be the duty of the clerk of the court in which such
28 conviction is had within 10 days thereafter to forward to
29 the Secretary of State a report of the conviction and the
30 court may recommend the suspension of the driver's
31 license or permit of the person so convicted.
32 The reporting requirements of this subsection shall apply
33 to all violations stated in paragraphs 1 and 2 of this
34 subsection when the individual has been adjudicated under the
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1 Juvenile Court Act or the Juvenile Court Act of 1987. Such
2 reporting requirements shall also apply to individuals
3 adjudicated under the Juvenile Court Act or the Juvenile
4 Court Act of 1987 who have committed a violation of Section
5 11-501 of this Code, or similar provision of a local
6 ordinance, or Section 9-3 of the Criminal Code of 1961, as
7 amended, relating to the offense of reckless homicide. The
8 reporting requirements of this subsection shall also apply to
9 a truant minor in need of supervision, an addicted minor, or
10 a delinquent minor and whose driver's license and privilege
11 to drive a motor vehicle has been ordered suspended for such
12 times as determined by the Court, but only until he or she
13 attains 18 years of age. It shall be the duty of the clerk
14 of the court in which adjudication is had within 10 days
15 thereafter to forward to the Secretary of State a report of
16 the adjudication and the court order requiring the Secretary
17 of State to suspend the minor's driver's license and driving
18 privilege for such time as determined by the Court, but only
19 until he or she attains the age of 18 years. All juvenile
20 court dispositions reported to the Secretary of State under
21 this provision shall be processed by the Secretary of State
22 as if the cases had been adjudicated in traffic or criminal
23 court. However, information reported relative to the offense
24 of reckless homicide, or Section 11-501 of this Code, or a
25 similar provision of a local ordinance, shall be privileged
26 and available only to the Secretary of State, courts, and
27 police officers.
28 3. Whenever an order is entered vacating the
29 forfeiture of any bail, security or bond given to secure
30 appearance for any offense under this Code or similar
31 offenses under municipal ordinance, it shall be the duty
32 of the clerk of the court in which such vacation was had
33 or the judge of such court if such court has no clerk,
34 within 10 days thereafter to forward to the Secretary of
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1 State a report of the vacation.
2 4. A report of any disposition of court supervision
3 for a violation of Sections 6-303, 11-401, 11-501 or a
4 similar provision of a local ordinance, 11-503 and 11-504
5 shall be forwarded to the Secretary of State.
6 5. Reports of conviction and sentencing hearing
7 under the Juvenile Court Act of 1987 in a computer
8 processible medium shall be forwarded to the Secretary of
9 State via the Supreme Court in the form and format
10 required by the Illinois Supreme Court and established by
11 a written agreement between the Supreme Court and the
12 Secretary of State. In counties with a population over
13 300,000, instead of forwarding reports to the Supreme
14 Court, reports of conviction and sentencing hearing under
15 the Juvenile Court Act of 1987 in a computer processible
16 medium may be forwarded to the Secretary of State by the
17 Circuit Court Clerk in a form and format required by the
18 Secretary of State and established by written agreement
19 between the Circuit Court Clerk and the Secretary of
20 State. Failure to forward the reports of conviction or
21 sentencing hearing under the Juvenile Court Act of 1987
22 as required by this Section shall be deemed an omission
23 of duty and it shall be the duty of the several State's
24 Attorneys to enforce the requirements of this Section.
25 (b) Whenever a restricted driving permit is forwarded to
26 a court, as a result of confiscation by a police officer
27 pursuant to the authority in Section 6-113(f), it shall be
28 the duty of the clerk, or judge, if the court has no clerk,
29 to forward such restricted driving permit and a facsimile of
30 the officer's citation to the Secretary of State as
31 expeditiously as practicable.
32 (c) For the purposes of this Code, a forfeiture of bail
33 or collateral deposited to secure a defendant's appearance in
34 court when forfeiture has not been vacated, or the failure of
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1 a defendant to appear for trial after depositing his driver's
2 license in lieu of other bail, shall be equivalent to a
3 conviction.
4 (d) For the purpose of providing the Secretary of State
5 with records necessary to properly monitor and assess driver
6 performance and assist the courts in the proper disposition
7 of repeat traffic law offenders, the clerk of the court shall
8 forward to the Secretary of State, on a form prescribed by
9 the Secretary, records of driver's participation in a driver
10 remedial or rehabilitative program which was required,
11 through a court order or court supervision, in relation to
12 the driver's arrest for a violation of Section 11-501 of this
13 Code or a similar provision of a local ordinance. Such
14 reports shall be sent within 10 days after the driver's
15 referral to such driver remedial or rehabilitative program.
16 Such reports, including those required to be forwarded under
17 subsection 4 of paragraph (a), shall be recorded to the
18 driver's file, but shall not be released to any outside
19 source, except the affected driver, and shall be used only to
20 assist in assessing driver performance and for the purpose of
21 informing the courts that such driver has been previously
22 assigned court supervision or referred to a driver's remedial
23 or rehabilitative program.
24 (Source: P.A. 88-415.)
25 (625 ILCS 5/6-205.1 new)
26 Sec. 6-205.1. Suspension of driver's licenses of certain
27 minors. Whenever a person is adjudicated under the Juvenile
28 Court Act of 1987 as a truant minor in need of supervision,
29 an addicted minor, or a delinquent minor and the court orders
30 that the minor's driver's license or privilege to drive a
31 motor vehicle be suspended for such time as determined by the
32 Court but only until the minor attains 18 years of age, the
33 Secretary of State shall suspend the driving privileges of
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1 that person as order by the Court.
2 Section 3001-10. The Juvenile Court Act of 1987 is
3 amended by changing Sections 3-24, 3-33, and 4-21 as follows:
4 (705 ILCS 405/3-24) (from Ch. 37, par. 803-24)
5 Sec. 3-24. Kinds of dispositional orders.
6 (1) The following kinds of orders of disposition may be
7 made in respect to wards of the court: A minor found to be
8 requiring authoritative intervention under Section 3-3 may be
9 (a) committed to the Department of Children and Family
10 Services, subject to Section 5 of the Children and Family
11 Services Act; (b) placed under supervision and released to
12 his or her parents, guardian or legal custodian; (c) placed
13 in accordance with Section 3-28 with or without also being
14 placed under supervision. Conditions of supervision may be
15 modified or terminated by the court if it deems that the best
16 interests of the minor and the public will be served thereby;
17 or (d) ordered partially or completely emancipated in
18 accordance with the provisions of the Emancipation of Mature
19 Minors Act; or (e) subject to having his or her driver's
20 license or driving privilege suspended for such time as
21 determined by the Court but only until he or she attains 18
22 years of age.
23 (2) Any order of disposition may provide for protective
24 supervision under Section 3-25 and may include an order of
25 protection under Section 3-26.
26 (3) Unless the order of disposition expressly so
27 provides, it does not operate to close proceedings on the
28 pending petition, but is subject to modification until final
29 closing and discharge of the proceedings under Section 3-32.
30 (4) In addition to any other order of disposition, the
31 court may order any person found to be a minor requiring
32 authoritative intervention under Section 3-3 to make
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1 restitution, in monetary or non-monetary form, under the
2 terms and conditions of Section 5-5-6 of the Unified Code of
3 Corrections, except that the "presentence hearing" referred
4 to therein shall be the dispositional hearing for purposes of
5 this Section. The parent, guardian or legal custodian of
6 the minor may pay some or all of such restitution on the
7 minor's behalf.
8 (5) Any order for disposition where the minor is
9 committed or placed in accordance with Section 3-28 shall
10 provide for the parents or guardian of the estate of such
11 minor to pay to the legal custodian or guardian of the person
12 of the minor such sums as are determined by the custodian or
13 guardian of the person of the minor as necessary for the
14 minor's needs. Such payments may not exceed the maximum
15 amounts provided for by Section 9.1 of the Children and
16 Family Services Act.
17 (6) Whenever the order of disposition requires the minor
18 to attend school or participate in a program of training, the
19 truant officer or designated school official shall regularly
20 report to the court if the minor is a chronic or habitual
21 truant under Section 26-2a of the School Code.
22 (Source: P.A. 89-235, eff. 8-4-95.)
23 (705 ILCS 405/3-33) (from Ch. 37, par. 803-33)
24 Sec. 3-33. Truant Minor in Need of Supervision.
25 (a) Definition. A minor who is reported by a regional
26 superintendent of schools, or in cities of over 500,000
27 inhabitants, by the Office of Chronic Truant Adjudication, as
28 a chronic truant shall be adjudged a truant minor in need of
29 supervision.
30 (a-1) There is a rebuttable presumption that a chronic
31 truant is a truant minor in need of supervision.
32 (a-2) There is a rebuttable presumption that school
33 records of a minor's attendance at school are authentic.
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1 (a-3) For purposes of this Section, "chronic truant" has
2 the meaning ascribed to it in Section 26-2a of the School
3 Code.
4 (b) Kinds of dispositional orders. A minor found to be
5 a truant minor in need of supervision may be:
6 (1) committed to the appropriate regional
7 superintendent of schools for a multi-disciplinary case
8 staffing, individualized educational plan or service plan, or
9 referral to comprehensive community-based youth services;
10 (2) required to comply with an individualized
11 educational plan or service plan as specifically provided by
12 the appropriate regional superintendent of schools;
13 (3) ordered to obtain counseling or other supportive
14 services;
15 (4) subject to a fine in an amount in excess of $5, but
16 not exceeding $100, and each day of absence without valid
17 cause as defined in Section 26-2a of The School Code is a
18 separate offense;
19 (5) required to perform some reasonable public service
20 work such as, but not limited to, the picking up of litter in
21 public parks or along public highways or the maintenance of
22 public facilities; or
23 (6) subject to having his or her driver's license or
24 driving privilege suspended for a period of time as
25 determined by the court but only until he or she attains 18
26 years of age.
27 A dispositional order may include a fine, public service,
28 or suspension of a driver's license or privilege only if the
29 court has made an express written finding that a truancy
30 prevention program has been offered by the school, regional
31 superintendent of schools, or a community social service
32 agency to the truant minor in need of supervision.
33 (c) Orders entered under this Section may be enforced by
34 contempt proceedings.
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1 (Source: P.A. 90-143, eff. 7-23-97; 90-380, eff. 8-14-97;
2 revised 10-23-97.)
3 (705 ILCS 405/4-21) (from Ch. 37, par. 804-21)
4 Sec. 4-21. Kinds of dispositional orders.
5 (1) A minor found to be addicted under Section 4-3 may
6 be (a) committed to the Department of Children and Family
7 Services, subject to Section 5 of the Children and Family
8 Services Act; (b) placed under supervision and released to
9 his or her parents, guardian or legal custodian; (c) placed
10 in accordance with Section 4-25 with or without also being
11 placed under supervision. Conditions of supervision may be
12 modified or terminated by the court if it deems that the best
13 interests of the minor and the public will be served thereby;
14 (d) required to attend an approved alcohol or drug abuse
15 treatment or counseling program on an inpatient or outpatient
16 basis instead of or in addition to the disposition otherwise
17 provided for in this paragraph; or (e) ordered partially or
18 completely emancipated in accordance with the provisions of
19 the Emancipation of Mature Minors Act; or (f) subject to
20 having his or her driver's license or driving privilege
21 suspended for such time as determined by the Court but only
22 until he or she attains 18 years of age. No disposition
23 under this subsection shall provide for the minor's placement
24 in a secure facility.
25 (2) Any order of disposition may provide for protective
26 supervision under Section 4-22 and may include an order of
27 protection under Section 4-23.
28 (3) Unless the order of disposition expressly so
29 provides, it does not operate to close proceedings on the
30 pending petition, but is subject to modification until final
31 closing and discharge of the proceedings under Section 4-29.
32 (4) In addition to any other order of disposition, the
33 court may order any minor found to be addicted under this
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1 Article as neglected with respect to his or her own injurious
2 behavior, to make restitution, in monetary or non-monetary
3 form, under the terms and conditions of Section 5-5-6 of the
4 Unified Code of Corrections, except that the "presentence
5 hearing" referred to therein shall be the dispositional
6 hearing for purposes of this Section. The parent, guardian
7 or legal custodian of the minor may pay some or all of such
8 restitution on the minor's behalf.
9 (5) Any order for disposition where the minor is placed
10 in accordance with Section 4-25 shall provide for the parents
11 or guardian of the estate of such minor to pay to the legal
12 custodian or guardian of the person of the minor such sums as
13 are determined by the custodian or guardian of the person of
14 the minor as necessary for the minor's needs. Such payments
15 may not exceed the maximum amounts provided for by Section
16 9.1 of the Children and Family Services Act.
17 (6) Whenever the order of disposition requires the minor
18 to attend school or participate in a program of training, the
19 truant officer or designated school official shall regularly
20 report to the court if the minor is a chronic or habitual
21 truant under Section 26-2a of the School Code.
22 (Source: P.A. 89-202, eff. 7-21-95; 89-235, eff. 8-4-95;
23 89-626, eff. 8-9-96.)
24 ARTICLE 4001. SEVERABILITY AND EFFECTIVE DATE
25 Section 4001-95. No acceleration or delay. Where this
26 Act makes changes in a statute that is represented in this
27 Act by text that is not yet or no longer in effect (for
28 example, a Section represented by multiple versions), the use
29 of that text does not accelerate or delay the taking effect
30 of (i) the changes made by this Act or (ii) provisions
31 derived from any other Public Act.
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1 Section 4001-96. Severability. The provisions of this
2 Act are severable under Section 1.31 of the Statute on
3 Statutes.
4 Section 4001-99. Effective date. This Act takes effect
5 January 1, 1999, except that Article 1001 shall take effect
6 January 1, 2000.".