Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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705 ILCS 405/Art. V Pt. 1
(705 ILCS 405/Art. V Pt. 1 heading)
705 ILCS 405/5-101
(705 ILCS 405/5-101)
Purpose and policy.
(1) It is the intent of the General Assembly to promote a juvenile justice
capable of dealing with the problem of juvenile delinquency, a system that will
protect the community, impose accountability for violations of law and equip
juvenile offenders with competencies to live responsibly and productively. To
effectuate this intent, the General Assembly declares the following to be
purposes of this Article:
(a) To protect citizens from juvenile crime.
(b) To hold each juvenile offender directly
accountable for his or her acts.
(c) To provide an individualized assessment of each
alleged and adjudicated delinquent juvenile, in order to rehabilitate and to prevent further delinquent behavior through the development of competency in the juvenile offender. As used in this Section, "competency" means the development of educational, vocational, social, emotional and basic life skills which enable a minor to mature into a productive member of society.
(d) To provide due process, as required by the
Constitutions of the United States and the State of Illinois, through which each juvenile offender and all other interested parties are assured fair hearings at which legal rights are recognized and enforced.
(2) To accomplish these goals, juvenile justice policies developed pursuant
to this Article shall be designed to:
(a) Promote the development and implementation of
community-based programs designed to prevent unlawful and delinquent behavior and to effectively minimize the depth and duration of the minor's involvement in the juvenile justice system;
(b) Provide secure confinement for minors who present
a danger to the community and make those minors understand that sanctions for serious crimes, particularly violent felonies, should be commensurate with the seriousness of the offense and merit strong punishment;
(c) Protect the community from crimes committed by
(d) Provide programs and services that are
community-based and that are in close proximity to the minor's home;
(e) Allow minors to reside within their homes
whenever possible and appropriate and provide support necessary to make this possible;
(f) Base probation treatment planning upon individual
(g) Include the minor's family in the case management
(h) Provide supervision and service coordination
where appropriate; implement and monitor the case management plan in order to discourage recidivism;
(i) Provide post-release services to minors who are
returned to their families and communities after detention;
(j) Hold minors accountable for their unlawful
behavior and not allow minors to think that their delinquent acts have no consequence for themselves and others.
(3) In all procedures under this Article, minors shall have all the
procedural rights of adults in criminal proceedings, unless specifically
precluded by laws that enhance the protection of such minors. Minors shall not
have the right to a jury trial unless specifically provided by this Article.
(Source: P.A. 90-590, eff. 1-1-99.)
705 ILCS 405/5-105
(705 ILCS 405/5-105)
As used in this Article:
(1) "Aftercare release" means the conditional and
revocable release of an adjudicated delinquent juvenile committed to the Department of Juvenile Justice under the supervision of the Department of Juvenile Justice.
(1.5) "Court" means the circuit court in a session or
division assigned to hear proceedings under this Act, and includes the term Juvenile Court.
(2) "Community service" means uncompensated labor for
a community service agency as hereinafter defined.
(2.5) "Community service agency" means a
not-for-profit organization, community organization, church, charitable organization, individual, public office, or other public body whose purpose is to enhance the physical or mental health of a delinquent minor or to rehabilitate the minor, or to improve the environmental quality or social welfare of the community which agrees to accept community service from juvenile delinquents and to report on the progress of the community service to the State's Attorney pursuant to an agreement or to the court or to any agency designated by the court or to the authorized diversion program that has referred the delinquent minor for community service.
(3) "Delinquent minor" means any minor who prior to
his or her 18th birthday has violated or attempted to violate, regardless of where the act occurred, any federal, State, county or municipal law or ordinance.
(4) "Department" means the Department of Human
Services unless specifically referenced as another department.
(5) "Detention" means the temporary care of a minor
who is alleged to be or has been adjudicated delinquent and who requires secure custody for the minor's own protection or the community's protection in a facility designed to physically restrict the minor's movements, pending disposition by the court or execution of an order of the court for placement or commitment. Design features that physically restrict movement include, but are not limited to, locked rooms and the secure handcuffing of a minor to a rail or other stationary object. In addition, "detention" includes the court ordered care of an alleged or adjudicated delinquent minor who requires secure custody pursuant to Section 5-125 of this Act.
(6) "Diversion" means the referral of a juvenile,
without court intervention, into a program that provides services designed to educate the juvenile and develop a productive and responsible approach to living in the community.
(7) "Juvenile detention home" means a public facility
with specially trained staff that conforms to the county juvenile detention standards adopted by the Department of Juvenile Justice.
(8) "Juvenile justice continuum" means a set of
delinquency prevention programs and services designed for the purpose of preventing or reducing delinquent acts, including criminal activity by youth gangs, as well as intervention, rehabilitation, and prevention services targeted at minors who have committed delinquent acts, and minors who have previously been committed to residential treatment programs for delinquents. The term includes children-in-need-of-services and families-in-need-of-services programs; aftercare and reentry services; substance abuse and mental health programs; community service programs; community service work programs; and alternative-dispute resolution programs serving youth-at-risk of delinquency and their families, whether offered or delivered by State or local governmental entities, public or private for-profit or not-for-profit organizations, or religious or charitable organizations. This term would also encompass any program or service consistent with the purpose of those programs and services enumerated in this subsection.
(9) "Juvenile police officer" means a sworn police
officer who has completed a Basic Recruit Training Course, has been assigned to the position of juvenile police officer by his or her chief law enforcement officer and has completed the necessary juvenile officers training as prescribed by the Illinois Law Enforcement Training Standards Board, or in the case of a State police officer, juvenile officer training approved by the Director of State Police.
(10) "Minor" means a person under the age of 21 years
(11) "Non-secure custody" means confinement where the
minor is not physically restricted by being placed in a locked cell or room, by being handcuffed to a rail or other stationary object, or by other means. Non-secure custody may include, but is not limited to, electronic monitoring, foster home placement, home confinement, group home placement, or physical restriction of movement or activity solely through facility staff.
(12) "Public or community service" means
uncompensated labor for a not-for-profit organization or public body whose purpose is to enhance physical or mental stability of the offender, environmental quality or the social welfare and which agrees to accept public or community service from offenders and to report on the progress of the offender and the public or community service to the court or to the authorized diversion program that has referred the offender for public or community service. "Public or community service" does not include blood donation or assignment to labor at a blood bank. For the purposes of this Act, "blood bank" has the meaning ascribed to the term in Section 2-124 of the Illinois Clinical Laboratory and Blood Bank Act.
(13) "Sentencing hearing" means a hearing to
determine whether a minor should be adjudged a ward of the court, and to determine what sentence should be imposed on the minor. It is the intent of the General Assembly that the term "sentencing hearing" replace the term "dispositional hearing" and be synonymous with that definition as it was used in the Juvenile Court Act of 1987.
(14) "Shelter" means the temporary care of a minor in
physically unrestricting facilities pending court disposition or execution of court order for placement.
(15) "Site" means a not-for-profit organization,
public body, church, charitable organization, or individual agreeing to accept community service from offenders and to report on the progress of ordered or required public or community service to the court or to the authorized diversion program that has referred the offender for public or community service.
(16) "Station adjustment" means the informal or
formal handling of an alleged offender by a juvenile police officer.
(17) "Trial" means a hearing to determine whether the
allegations of a petition under Section 5-520 that a minor is delinquent are proved beyond a reasonable doubt. It is the intent of the General Assembly that the term "trial" replace the term "adjudicatory hearing" and be synonymous with that definition as it was used in the Juvenile Court Act of 1987.
The changes made to this Section by Public Act 98-61 apply to violations or attempted violations committed on or after January 1, 2014 (the effective date of Public Act 98-61).
(Source: P.A. 98-61, eff. 1-1-14; 98-558, eff. 1-1-14; 98-685, eff. 1-1-15; 98-756, eff. 7-16-14; 98-824, eff. 1-1-15; 99-78, eff. 7-20-15.)
705 ILCS 405/5-110
(705 ILCS 405/5-110)
This Article recognizes the
critical role families play in the rehabilitation of
delinquent juveniles. Parents, guardians and legal custodians shall participate
in the assessment and treatment of juveniles by assisting the juvenile to
recognize and accept responsibility for his or her delinquent behavior. The
Court may order the parents, guardian or legal custodian to take certain
actions or to refrain from certain actions to serve public safety, to develop
competency of the minor, and to promote accountability by the minor for his or
(Source: P.A. 90-590, eff. 1-1-99.)
705 ILCS 405/5-115
(705 ILCS 405/5-115)
Rights of victims.
In all proceedings under this Article, victims shall have the same rights of
victims in criminal proceedings as provided in the Bill of Rights for Children
and the Rights of Crime Victims and Witnesses
(Source: P.A. 90-590, eff. 1-1-99.)
705 ILCS 405/5-120
(705 ILCS 405/5-120)
Proceedings may be instituted under the provisions of this Article concerning
any minor who prior to his or her 18th birthday has violated or attempted to violate, regardless of where the act occurred, any federal, State, county or municipal law or ordinance. Except as provided in Sections 5-125, 5-130,
5-805, and 5-810 of this Article, no minor who was under 18 years of age at the
time of the alleged offense may be prosecuted under the criminal laws of this
The changes made to this Section by this amendatory Act of the 98th General Assembly apply to violations or attempted violations committed on or after the effective date of this amendatory Act.
(Source: P.A. 98-61, eff. 1-1-14.)
705 ILCS 405/5-121
(705 ILCS 405/5-121)
(Source: P.A. 95-1031, eff. 2-10-09. Repealed by P.A. 96-1199, eff. 1-1-11.)
705 ILCS 405/5-125
(705 ILCS 405/5-125)
Any minor alleged to have violated a traffic, boating, or fish and game law,
or a municipal or county ordinance, may be prosecuted for the violation and if
guilty punished under any statute or ordinance relating to the violation,
without reference to the procedures set out in this Article, except that:
(1) any detention, must be in compliance with this
(2) the confidentiality of records provisions in Part
9 of this Article shall apply to any law enforcement and court records relating to prosecution of a minor under 18 years of age for a municipal or county ordinance violation or a violation of subsection (a) of Section 4 of the Cannabis Control Act or subsection (c) of Section 3.5 of the Drug Paraphernalia Control Act; except that these confidentiality provisions shall not apply to or affect any proceeding to adjudicate the violation.
For the purpose of this Section, "traffic violation" shall include a
violation of Section 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 relating to the offense
reckless homicide, Section 11-501 of the Illinois Vehicle Code, or any similar
county or municipal ordinance.
(Source: P.A. 99-697, eff. 7-29-16.)
705 ILCS 405/5-130
(705 ILCS 405/5-130)
(1)(a) The definition of delinquent minor under Section 5-120 of this
Article shall not apply to any minor who at the time of an offense was at
least 16 years of age and who is charged with: (i) first degree murder, (ii) aggravated
criminal sexual assault, or (iii) aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05
where the minor personally discharged a firearm as defined in Section 2-15.5 of the Criminal Code of 1961 or the Criminal Code of 2012.
These charges and all other charges arising out of the same incident shall
be prosecuted under the criminal laws of this State.
(b)(i) If before trial or plea an information or indictment is filed that
does not charge an offense specified in paragraph (a) of this subsection
(1) the State's Attorney may proceed on any lesser charge or charges, but
only in Juvenile Court under the provisions of this Article. The State's
Attorney may proceed on a lesser charge if
before trial the minor defendant knowingly and with advice of counsel waives,
in writing, his or her right to have the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or indictment is filed that
includes one or more charges specified in paragraph (a) of this subsection
additional charges that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under the Criminal Code of
1961 or the Criminal Code of 2012.
(c)(i) If after trial or plea the minor is convicted of any offense
covered by paragraph (a) of this subsection (1), then, in sentencing the minor,
the court shall sentence the minor under Section 5-4.5-105 of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the minor committed an
offense not covered by paragraph (a) of this subsection (1), that finding shall
not invalidate the verdict or the prosecution of the minor under the criminal
laws of the State; however, unless the State requests a hearing for the
purpose of sentencing the minor under Chapter V of the Unified Code of
Corrections, the Court must proceed under Sections 5-705 and 5-710 of this
Article. To request a hearing, the State must file a written motion within 10
days following the entry of a finding or the return of a verdict. Reasonable
notice of the motion shall be given to the minor or his or her counsel.
If the motion is made by the State, the court shall conduct a hearing to
determine if the minor should be sentenced under Chapter V of the Unified Code
of Corrections. In making its determination, the court shall consider among
other matters: (a) whether there is
evidence that the offense was committed in an aggressive and premeditated
manner; (b) the age of the minor; (c) the previous history of the
minor; (d) whether there are facilities particularly available to the Juvenile
Court or the Department of Juvenile Justice for the treatment
and rehabilitation of the minor; (e) whether
the security of the public requires sentencing under Chapter V of the
Unified Code of Corrections; and (f) whether the minor possessed a deadly
weapon when committing the offense. The rules of evidence shall be the same as
if at trial. If after the hearing the court finds that the minor should be
sentenced under Chapter V of the Unified Code of Corrections, then the court
shall sentence the minor under Section 5-4.5-105 of the Unified Code of Corrections.
(7) The procedures set out in this Article for the investigation, arrest and
prosecution of juvenile offenders shall not apply to minors who are excluded
from jurisdiction of the Juvenile Court, except that minors under 18 years of
age shall be kept separate from confined adults.
(8) Nothing in this Act prohibits or limits the prosecution of any
minor for an offense committed on or after his or her 18th birthday even though
he or she is at the time of the offense a ward of the court.
(9) If an original petition for adjudication of wardship alleges the
commission by a minor 13 years of age or
over of an act that constitutes a crime under the laws of this State,
the minor, with the consent of his or her counsel, may, at any time before
commencement of the adjudicatory hearing, file with the court a motion
that criminal prosecution be ordered and that the petition be dismissed
insofar as the act or acts involved in the criminal proceedings are
concerned. If such a motion is filed as herein provided, the court shall
enter its order accordingly.
(10) If, prior to August 12, 2005 (the effective date of Public Act 94-574), a minor is charged with a violation of Section 401 of the Illinois Controlled Substances Act under the criminal laws of this State, other than a minor charged with a Class X felony violation of the
Substances Act or the Methamphetamine Control and Community Protection Act, any party including the minor or the court sua sponte
may, before trial,
move for a hearing for the purpose of trying and sentencing the minor as
a delinquent minor. To request a hearing, the party must file a motion
prior to trial. Reasonable notice of the motion shall be given to all
parties. On its own motion or upon the filing of a motion by one of the
parties including the minor, the court shall conduct a hearing to
determine whether the minor should be tried and sentenced as a
delinquent minor under this Article. In making its determination, the
court shall consider among other matters:
(a) The age of the minor;
(b) Any previous delinquent or criminal history of
(c) Any previous abuse or neglect history of the
(d) Any mental health or educational history of the
(e) Whether there is probable cause to support the
charge, whether the minor is charged through accountability, and whether there is evidence the minor possessed a deadly weapon or caused serious bodily harm during the offense.
Any material that is relevant and reliable shall be admissible at the
all cases, the judge shall enter an order permitting prosecution
under the criminal laws of Illinois unless the judge makes a finding
based on a preponderance of the evidence that the minor would be
amenable to the care, treatment, and training programs available
through the facilities of the juvenile court based on an evaluation of
the factors listed in this subsection (10).
(11) The changes made to this Section by Public Act 98-61 apply to a minor who has been
arrested or taken into custody on or after January 1, 2014 (the effective date
of Public Act 98-61).
(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 99-258, eff. 1-1-16
705 ILCS 405/5-135
(705 ILCS 405/5-135)
(1) Venue under this Article lies in the county where the minor resides,
where the alleged violation or attempted violation of federal or State
law or county or municipal ordinance occurred or in the county where
the order of the court, alleged to have been violated by the minor, was made
unless subsequent to the order the proceedings have been transferred to another
(2) If proceedings are commenced in any county other than that of the
minor's residence, the court in which the proceedings were initiated may at any
time before or after adjudication of wardship transfer the case to the county
of the minor's residence by transmitting to the court in that county an
authenticated copy of the court record, including all documents, petitions and
orders filed in that court, a copy of all reports prepared by the agency
providing services to the minor, and the minute orders and docket entries of
the court. Transfer in like manner may be made in the event of a change of
residence from one county to another of a minor concerning whom proceedings
(Source: P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.)
705 ILCS 405/5-140
(705 ILCS 405/5-140)
(a) The General Assembly finds that a substantial and disproportionate
amount of serious crime is committed by a relatively small number of
juvenile offenders, otherwise known as serious habitual offenders. By this
amendatory Act of 1998, the General Assembly intends to support the efforts
of the juvenile justice system comprised of law enforcement, state's
attorneys, probation departments, juvenile courts, social service
providers, and schools in the early identification and treatment of
habitual juvenile offenders. The General Assembly further supports
increased interagency efforts to gather comprehensive data and actively
disseminate the data to the agencies in the juvenile justice system to
produce more informed decisions by all entities in that system.
(b) The General Assembly finds that the establishment of a Serious
Habitual Offender Comprehensive Action Program throughout the State of
Illinois is necessary to effectively intensify the supervision of serious
habitual juvenile offenders in the community and to enhance current
rehabilitative efforts. A cooperative and coordinated multi-disciplinary
approach will increase the opportunity for success with juvenile offenders
and assist in the development of early intervention strategies.
(Source: P.A. 90-590, eff. 1-1-99.)
705 ILCS 405/5-145
(705 ILCS 405/5-145)
Cooperation of agencies; Serious Habitual Offender
Comprehensive Action Program.
(a) The Serious Habitual Offender Comprehensive Action Program (SHOCAP)
is a multi-disciplinary interagency case management and information sharing
system that enables the juvenile justice system, schools, and social
service agencies to make more informed decisions regarding a small number
of juveniles who repeatedly commit serious delinquent acts.
(b) Each county in the State of Illinois, other than Cook County, may
multi-disciplinary agency (SHOCAP) committee. In Cook County, each
subcircuit or group of subcircuits may establish a multi-disciplinary agency
(SHOCAP) committee. The committee shall consist
of representatives from the following agencies: local law enforcement, area
school district, state's attorney's office, and court services (probation).
The chairman may appoint additional members to the committee as deemed
appropriate to accomplish the goals of this program, including, but not
limited to, representatives from the juvenile detention center, mental
health, the Illinois Department of Children and Family Services, Department of
Human Services and
community representatives at large.
(c) The SHOCAP committee shall adopt, by a majority of the members:
(1) criteria that will identify those who qualify as
a serious habitual juvenile offender; and
(2) a written interagency information sharing
agreement to be signed by the chief executive officer of each of the agencies represented on the committee. The interagency information sharing agreement shall include a provision that requires that all records pertaining to a serious habitual offender (SHO) shall be confidential. Disclosure of information may be made to other staff from member agencies as authorized by the SHOCAP committee for the furtherance of case management and tracking of the SHO. Staff from the member agencies who receive this information shall be governed by the confidentiality provisions of this Act. The staff from the member agencies who will qualify to have access to the SHOCAP information must be limited to those individuals who provide direct services to the SHO or who provide supervision of the SHO.
(d) The Chief Juvenile Circuit Judge, or the Chief Circuit Judge, or his
or her designee, may issue a comprehensive information sharing court order.
court order shall allow agencies who are represented on the SHOCAP
committee and whose chief executive officer has signed the interagency
information sharing agreement to provide and disclose information to the SHOCAP
committee. The sharing of information will ensure the coordination and
cooperation of all agencies represented in providing case management and
enhancing the effectiveness of the SHOCAP efforts.
(e) Any person or agency who is participating in good faith in the
sharing of SHOCAP information under this Act shall have immunity from any
liability, civil, criminal, or otherwise, that might result by reason of the
type of information exchanged. For the purpose of any proceedings, civil
or criminal, the good faith of any person or agency permitted to share
SHOCAP information under this Act shall be presumed.
(f) All reports concerning SHOCAP clients made available to members of
the SHOCAP committee and all records generated from these reports shall be
confidential and shall not be disclosed, except as specifically authorized
by this Act or other applicable law. It is a Class A misdemeanor to
permit, assist, or encourage the unauthorized release of any information
contained in SHOCAP reports or records.
(Source: P.A. 90-590, eff. 1-1-99.)
705 ILCS 405/5-150
(705 ILCS 405/5-150)
Admissibility of evidence and adjudications in other
(1) Evidence and adjudications in proceedings under this Act shall be
(a) in subsequent proceedings under this Act
concerning the same minor; or
(b) in criminal proceedings when the court is to
determine the amount of bail, fitness of the defendant or in sentencing under the Unified Code of Corrections; or
(c) in proceedings under this Act or in criminal
proceedings in which anyone who has been adjudicated delinquent under Section 5-105 is to be a witness including the minor or defendant if he or she testifies, and then only for purposes of impeachment and pursuant to the rules of evidence for criminal trials; or
(d) in civil proceedings concerning causes of action
arising out of the incident or incidents which initially gave rise to the proceedings under this Act.
(2) No adjudication or disposition under this Act shall operate to
disqualify a minor from subsequently holding public office nor shall
operate as a forfeiture of any right, privilege or right to receive any
license granted by public authority.
(3) The court which adjudicated that a minor has committed any offense
relating to motor vehicles prescribed in Sections 4-102 and 4-103 of the
Illinois Vehicle Code shall notify the Secretary of State of that adjudication
and the notice shall constitute sufficient grounds for revoking that minor's
driver's license or permit as provided in Section 6-205 of the Illinois Vehicle
Code; no minor shall be considered a criminal by reason thereof, nor shall any
such adjudication be considered a conviction.
(Source: P.A. 90-590, eff. 1-1-99.)
705 ILCS 405/5-155
(705 ILCS 405/5-155)
Any weapon in possession of a minor found to be a
delinquent under Section 5-105 for an offense involving the use of a weapon
or for being in possession of a weapon during the commission of an offense
shall be confiscated and disposed of by the juvenile court whether the
weapon is the property of the minor or his or her parent or guardian.
of the weapon by the court shall be in accordance with Section 24-6 of the
Criminal Code of 2012.
(Source: P.A. 97-1150, eff. 1-25-13.)
705 ILCS 405/5-160
(705 ILCS 405/5-160)
Liability for injury, loss, or tortious acts.
State or any unit of local government, probation department, or public or
community service program or site, nor any official, volunteer, or employee
of the State or a unit of local government, probation department, public or
community service program or site acting in the course of his or her official
duties shall be liable for any injury or loss a person might receive while
performing public or
community service as ordered either (1) by the court or (2) by any duly
authorized station adjustment or probation adjustment, teen court, community
mediation, or other administrative diversion program authorized by this Act
for a violation of a penal statute of this State or a local
government ordinance (whether penal, civil, or quasi-criminal) or for a traffic
offense, nor shall they be liable for any tortious acts of any person
performing public or community service, except for
wilful, wanton misconduct or gross negligence on the part of the governmental
unit, probation department, or public or community service program or site or
on the part of the official, volunteer, or employee.
(Source: P.A. 91-820, eff. 6-13-00; 92-16, eff. 6-28-01.)
705 ILCS 405/5-165
(705 ILCS 405/5-165)
Minor as employee.
No minor assigned to a public or community
service program by either a court or an authorized diversion program is
an employee for any purpose, nor is the county board obligated to provide
compensation to the minor.
(Source: P.A. 91-820, eff. 6-13-00.)
705 ILCS 405/5-170
(705 ILCS 405/5-170)
Representation by counsel.
(a) In a proceeding
under this Article, a minor who was under 15 years of age at the time of the
commission of an act that if committed by an adult would be a violation of
Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 must be represented by counsel throughout
the entire custodial interrogation of the minor.
(b) In a judicial proceeding
under this Article, a minor may not waive the right to the assistance of counsel in his or her defense.
(Source: P.A. 99-882, eff. 1-1-17