HB4082 EngrossedLRB098 15640 HEP 50671 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 5-305 and 6-1 as follows:
 
6    (705 ILCS 405/5-305)
7    Sec. 5-305. Probation adjustment.
8    (1) The court may authorize the probation officer to confer
9in a preliminary conference with a minor who is alleged to have
10committed an offense, his or her parent, guardian or legal
11custodian, the victim, the juvenile police officer, the State's
12Attorney, and other interested persons concerning the
13advisability of filing a petition under Section 5-520, with a
14view to adjusting suitable cases without the filing of a
15petition as provided for in this Article, the probation officer
16should schedule a conference promptly except when the State's
17Attorney insists on court action or when the minor has
18indicated that he or she will demand a judicial hearing and
19will not comply with a probation adjustment.
20    (1-b) In any case of a minor who is in custody, the holding
21of a probation adjustment conference does not operate to
22prolong temporary custody beyond the period permitted by
23Section 5-415.

 

 

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1    (2) This Section does not authorize any probation officer
2to compel any person to appear at any conference, produce any
3papers, or visit any place.
4    (3) No statement made during a preliminary conference in
5regard to the offense that is the subject of the conference may
6be admitted into evidence at an adjudicatory hearing or at any
7proceeding against the minor under the criminal laws of this
8State prior to his or her conviction under those laws.
9    (4) When a probation adjustment is appropriate, the
10probation officer shall promptly formulate a written,
11non-judicial adjustment plan following the initial conference.
12    (5) Non-judicial probation adjustment plans include but
13are not limited to the following:
14        (a) up to 6 months informal supervision within the
15    family;
16        (b) up to 12 months informal supervision with a
17    probation officer involved which may include any
18    conditions of probation provided in Section 5-715;
19        (c) up to 6 months informal supervision with release to
20    a person other than a parent;
21        (d) referral to special educational, counseling, or
22    other rehabilitative social or educational programs;
23        (e) referral to residential treatment programs;
24        (f) participation in a public or community service
25    program or activity; and
26        (g) any other appropriate action with the consent of

 

 

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1    the minor and a parent.
2    (6) The factors to be considered by the probation officer
3in formulating a non-judicial probation adjustment plan shall
4be the same as those limited in subsection (4) of Section
55-405.
6    (7) Beginning January 1, 2000, the probation officer who
7imposes a probation adjustment plan shall assure that
8information about an offense which would constitute a felony if
9committed by an adult, and may assure that information about a
10misdemeanor offense, is transmitted to the Department of State
11Police.
12    (8) If the minor fails to comply with any term or condition
13of the non-judicial probation adjustment, the matter shall be
14referred to the State's Attorney for determination of whether a
15petition under this Article shall be filed.
16(Source: P.A. 92-329, eff. 8-9-01.)
 
17    (705 ILCS 405/6-1)  (from Ch. 37, par. 806-1)
18    Sec. 6-1. Probation departments; functions and duties.
19    (1) The chief judge of each circuit shall make provision
20for probation services for each county in his or her circuit.
21The appointment of officers to probation or court services
22departments and the administration of such departments shall be
23governed by the provisions of the Probation and Probation
24Officers Act.
25    (2) Every county or every group of counties constituting a

 

 

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1probation district shall maintain a court services or probation
2department subject to the provisions of the Probation and
3Probation Officers Act. For the purposes of this Act, such a
4court services or probation department has, but is not limited
5to, the following powers and duties:
6        (a) When authorized or directed by the court, to
7    receive, investigate and evaluate complaints indicating
8    dependency, requirement of authoritative intervention,
9    addiction or delinquency within the meaning of Sections
10    2-3, 2-4, 3-3, 4-3 or 5-105, respectively; to determine or
11    assist the complainant in determining whether a petition
12    should be filed under Sections 2-13, 3-15, 4-12 or 5-520 or
13    whether referral should be made to an agency, association
14    or other person or whether some other action is advisable;
15    and to see that the indicating filing, referral or other
16    action is accomplished. However, no such investigation,
17    evaluation or supervision by such court services or
18    probation department is to occur with regard to complaints
19    indicating only that a minor may be a chronic or habitual
20    truant.
21        (a-1) To confer in a preliminary conference, with a
22    view to adjusting suitable cases without the filing of a
23    petition as provided for in Section 2-12 or Section 5-305.
24        (b) When a petition is filed under Section 2-13, 3-15,
25    4-15 or 5-520, to make pre-adjudicatory pre-hearing
26    investigations and formulate recommendations to the court

 

 

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1    when the court has authorized or directed the department to
2    do so.
3        (b-1) When authorized or directed by the court, and
4    with the consent of the party respondents and the State's
5    Attorney, to confer in a pre-adjudicatory conference, with
6    a view to adjusting suitable cases as provided for in
7    Section 2-12 or Section 5-305.
8        (c) To counsel and, by order of the court, to supervise
9    minors referred to the court; to conduct indicated programs
10    of casework, including referrals for medical and mental
11    health service, organized recreation and job placement for
12    wards of the court and, when appropriate, for members of
13    the family of a ward; to act as liaison officer between the
14    court and agencies or associations to which minors are
15    referred or through which they are placed; when so
16    appointed, to serve as guardian of the person of a ward of
17    the court; to provide probation supervision and protective
18    supervision ordered by the court; and to provide like
19    services to wards and probationers of courts in other
20    counties or jurisdictions who have lawfully become local
21    residents.
22        (d) To arrange for placements pursuant to court order.
23        (e) To assume administrative responsibility for such
24    detention, shelter care and other institutions for minors
25    as the court may operate.
26        (f) To maintain an adequate system of case records,

 

 

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1    statistical records, and financial records related to
2    juvenile detention and shelter care and to make reports to
3    the court and other authorized persons, and to the Supreme
4    Court pursuant to the Probation and Probation Officers Act.
5        (g) To perform such other services as may be
6    appropriate to effectuate the purposes of this Act or as
7    may be directed by any order of court made under this Act.
8    (3) The court services or probation department in any
9probation district or county having less than 1,000,000
10inhabitants, or any personnel of the department, may be
11required by the circuit court to render services to the court
12in other matters as well as proceedings under this Act.
13    (4) In any county or probation district, a probation
14department may be established as a separate division of a more
15inclusive department of court services, with any appropriate
16divisional designation. The organization of any such
17department of court services and the appointment of officers
18and other personnel must comply with the Probation and
19Probations Officers Act.
20    (5) For purposes of this Act only, probation officers
21appointed to probation or court services departments shall be
22considered peace officers. In the exercise of their official
23duties, probation officers, sheriffs, and police officers may,
24anywhere within the State, arrest any minor who is in violation
25of any of the conditions of his or her probation, continuance
26under supervision, or informal supervision, and it shall be the

 

 

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1duty of the officer making the arrest to take the minor before
2the court having jurisdiction over the minor for further
3action.
4(Source: P.A. 93-576, eff. 1-1-04.)