State of Illinois
91st General Assembly
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91_SB1360

 
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 1        AN ACT to re-enact Article V of the Juvenile Court Act of
 2    1987.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section 1. Purpose.
 6        (1)  The General Assembly finds and declares that:
 7             (i)  Sections  5-15, 45-905, and 50-4 of  Public Act
 8        88-680, effective January 1, 1995,  contained  provisions
 9        amending the Juvenile Court Act of 1987.
10             (ii)  In  addition,  Public  Act 88-680 was entitled
11        "AN ACT to create a Safe Neighborhoods Law". (A)  Article
12        5  was entitled JUVENILE JUSTICE and amended the Juvenile
13        Court Act of 1987. (B) Article 15 was entitled GANGS  and
14        amended  various  provisions of the Criminal Code of 1961
15        and the Unified Code of Corrections. (C) Article  20  was
16        entitled  ALCOHOL ABUSE and amended various provisions of
17        the Illinois Vehicle Code. (D) Article  25  was  entitled
18        DRUG  ABUSE  and amended the Cannabis Control Act and the
19        Illinois Controlled Substances Act. (E)  Article  30  was
20        entitled  FIREARMS  and amended the Criminal Code of 1961
21        and the Code of Criminal Procedure of 1963.  (F)  Article
22        35 amended the Criminal Code of 1961, the Rights of Crime
23        Victims  and  Witnesses  Act,  and  the  Unified  Code of
24        Corrections. (G) Article 40 amended the Criminal Code  of
25        1961  to increase the penalty for compelling organization
26        membership of persons. (H) Article 45 created the  Secure
27        Residential Youth Care Facility Licensing Act and amended
28        the  State  Finance  Act, the Juvenile Court Act of 1987,
29        the  Unified  Code  of  Corrections,  and   the   Private
30        Correctional  Facility  Moratorium  Act.  (I)  Article 50
31        amended the WIC Vendor Management Act, the Firearm Owners
32        Identification Card Act, the Juvenile Court Act of  1987,
 
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 1        the  Criminal  Code  of 1961, the Wrongs to Children Act,
 2        and the Unified Code of Corrections.
 3             (iii)  On December 2,  1999,  the  Illinois  Supreme
 4        Court,  in  People  v. Cervantes, Docket No. 87229, ruled
 5        that Public Act 88-680 violates the single subject clause
 6        of the Illinois Constitution (Article IV, Section 8  (d))
 7        and was unconstitutional in its entirety.
 8             (iv)  The   juvenile  justice  issues  addressed  by
 9        Public Act 88-680 are of vital concern to the  people  of
10        this   State  and  legislative  action  concerning  those
11        provisions is necessary.
12        (2)  The Sections of  the  Juvenile  Court  Act  of  1987
13    contained  in  Public  Act 88-680 were repealed by Public Act
14    90-590 and replaced by new  Sections  of  Article  V  of  the
15    Juvenile  Court Act of 1987.  This Act re-enacts Article V of
16    the  Juvenile  Court  Act  of  1987,   including   subsequent
17    amendments.   This  re-enactment  is  intended  to remove any
18    question as to the validity or content of the  provisions  of
19    the  Juvenile Court Act of 1987 that were contained in Public
20    Act  88-680  as  those  provisions  have  been   subsequently
21    amended.
22        (3)  This  Act  re-enacts Article V of the Juvenile Court
23    Act of 1987, including subsequent amendments, to  remove  any
24    question  as  to the validity or content of the provisions of
25    the Juvenile Court Act of 1987 that were contained in  Public
26    Act  88-680; it is not intended to supersede any other Public
27    Act that amends Article V of the Juvenile Court Act of  1987.
28    The  material  is  shown  as  existing  text  (i.e.,  without
29    underscoring).
30        (4)  Article  V  of the Juvenile Court Act of 1987 is set
31    forth  in  its  entirety  only  because  of  the  substantial
32    revision of Article V by Public Act 90-590.  There is no need
33    to re-enact  Article  V  in  its  entirety;  however,  it  is
34    re-enacted  in  this  Act  to  remove  all  doubt  as  to its
 
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 1    vaildity.

 2        Section 5.  The Juvenile Court Act of 1987 is amended  by
 3    re-enacting Article V as follows:

 4                              ARTICLE V
 5                     PART 1. GENERAL PROVISIONS

 6        (705 ILCS 405/5-101)
 7        Sec.  5-101. Purpose and policy.
 8        (1)  It  is the intent of the General Assembly to promote
 9    a juvenile justice system capable of dealing with the problem
10    of juvenile delinquency,  a  system  that  will  protect  the
11    community,  impose  accountability  for violations of law and
12    equip  juvenile   offenders   with   competencies   to   live
13    responsibly  and productively. To effectuate this intent, the
14    General Assembly  declares  the  following  to  be  important
15    purposes of this Article:
16             (a)  To protect citizens from juvenile crime.
17             (b)  To   hold   each   juvenile  offender  directly
18        accountable for his or her acts.
19             (c)  To provide an individualized assessment of each
20        alleged and adjudicated delinquent juvenile, in order  to
21        rehabilitate  and  to prevent further delinquent behavior
22        through the development of  competency  in  the  juvenile
23        offender.    As  used in this Section, "competency" means
24        the  development  of  educational,  vocational,   social,
25        emotional  and  basic life skills which enable a minor to
26        mature into a productive member of society.
27             (d)  To provide due  process,  as  required  by  the
28        Constitutions  of  the  United  States  and  the State of
29        Illinois, through which each juvenile  offender  and  all
30        other  interested  parties  are  assured fair hearings at
31        which legal rights are recognized and enforced.
 
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 1        (2)  To accomplish these goals, juvenile justice policies
 2    developed pursuant to this Article shall be designed to:
 3             (a)  Promote the development and  implementation  of
 4        community-based programs designed to prevent unlawful and
 5        delinquent behavior and to effectively minimize the depth
 6        and  duration  of the minor's involvement in the juvenile
 7        justice system;
 8             (b)  Provide  secure  confinement  for  minors   who
 9        present  a  danger to the community and make those minors
10        understand   that   sanctions   for    serious    crimes,
11        particularly  violent  felonies,  should  be commensurate
12        with the seriousness of  the  offense  and  merit  strong
13        punishment;
14             (c)  Protect  the community from crimes committed by
15        minors;
16             (d)  Provide  programs   and   services   that   are
17        community-based  and  that  are in close proximity to the
18        minor's home;
19             (e)  Allow  minors  to  reside  within  their  homes
20        whenever possible and  appropriate  and  provide  support
21        necessary to make this possible;
22             (f)  Base    probation   treatment   planning   upon
23        individual case management plans;
24             (g)  Include  the  minor's  family   in   the   case
25        management plan;
26             (h)  Provide  supervision  and  service coordination
27        where  appropriate;  implement  and  monitor   the   case
28        management plan in order to discourage recidivism;
29             (i)  Provide post-release services to minors who are
30        returned   to   their   families  and  communities  after
31        detention;
32             (j)  Hold  minors  accountable  for  their  unlawful
33        behavior  and  not  allow  minors  to  think  that  their
34        delinquent acts have no consequence  for  themselves  and
 
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 1        others.
 2        (3)  In  all  procedures under this Article, minors shall
 3    have  all  the  procedural  rights  of  adults  in   criminal
 4    proceedings,  unless  specifically  precluded  by  laws  that
 5    enhance the protection of such minors.  Minors shall not have
 6    the  right  to  a  jury trial unless specifically provided by
 7    this Article.
 8    (Source: P.A. 90-590, eff. 1-1-99.)

 9        (705 ILCS 405/5-105)
10        Sec. 5-105.  Definitions. As used in this Article:
11        (1)  "Court" means the circuit  court  in  a  session  or
12    division  assigned  to  hear  proceedings under this Act, and
13    includes the term Juvenile Court.
14        (2)  "Community service" means uncompensated labor for  a
15    community service agency as hereinafter defined.
16        (2.5)  "Community  service agency" means a not-for-profit
17    organization, community organization, public office, or other
18    public body whose purpose  is  to  enhance  the  physical  or
19    mental  health  of  a delinquent minor or to rehabilitate the
20    minor, or to improve  the  environmental  quality  or  social
21    welfare  of  the  community  which agrees to accept community
22    service from  juvenile  delinquents  and  to  report  on  the
23    progress  of  the  community  service to the State's Attorney
24    pursuant to an agreement or to the court  or  to  any  agency
25    designated by the court if so ordered.
26        (3)  "Delinquent  minor" means any minor who prior to his
27    or her 17th birthday has violated or  attempted  to  violate,
28    regardless  of  where  the act occurred, any federal or State
29    law, county or municipal ordinance.
30        (4)  "Department" means the Department of Human  Services
31    unless specifically referenced as another department.
32        (5)  "Detention"  means the temporary care of a minor who
33    is alleged to be or has been adjudicated delinquent  and  who
 
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 1    requires secure custody for the minor's own protection or the
 2    community's  protection  in a facility designed to physically
 3    restrict the minor's movements, pending  disposition  by  the
 4    court  or execution of an order of the court for placement or
 5    commitment.   Design  features   that   physically   restrict
 6    movement  include,  but  are not limited to, locked rooms and
 7    the secure  handcuffing  of  a  minor  to  a  rail  or  other
 8    stationary  object.   In  addition,  "detention" includes the
 9    court ordered care of an alleged  or  adjudicated  delinquent
10    minor  who  requires secure custody pursuant to Section 5-125
11    of this Act.
12        (6)  "Diversion"  means  the  referral  of  a   juvenile,
13    without  court  intervention,  into  a  program that provides
14    services designed to  educate  the  juvenile  and  develop  a
15    productive   and   responsible  approach  to  living  in  the
16    community.
17        (7)  "Juvenile detention home" means  a  public  facility
18    with  specially  trained  staff  that  conforms to the county
19    juvenile detention standards promulgated by the Department of
20    Corrections.
21        (8)  "Juvenile  justice  continuum"  means   a   set   of
22    delinquency prevention programs and services designed for the
23    purpose  of preventing or reducing delinquent acts, including
24    criminal activity by youth gangs, as  well  as  intervention,
25    rehabilitation,  and  prevention  services targeted at minors
26    who have committed  delinquent  acts,  and  minors  who  have
27    previously  been  committed to residential treatment programs
28    for       delinquents.        The        term        includes
29    children-in-need-of-services and families-in-need-of-services
30    programs; aftercare and reentry services; substance abuse and
31    mental health programs; community service programs; community
32    service  work  programs;  and  alternative-dispute resolution
33    programs  serving  youth-at-risk  of  delinquency  and  their
34    families, whether offered or  delivered  by  State  or  local
 
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 1    governmental   entities,  public  or  private  for-profit  or
 2    not-for-profit  organizations,  or  religious  or  charitable
 3    organizations.  This term would also encompass any program or
 4    service consistent with the purpose  of  those  programs  and
 5    services enumerated in this subsection.
 6        (9)  "Juvenile  police  officer"  means  a  sworn  police
 7    officer  who  has  completed a Basic Recruit Training Course,
 8    has been assigned to the position of juvenile police  officer
 9    by his or her chief law enforcement officer and has completed
10    the necessary juvenile officers training as prescribed by the
11    Illinois  Law Enforcement Training Standards Board, or in the
12    case of a State police  officer,  juvenile  officer  training
13    approved by the Director of State Police.
14        (10)  "Minor"  means  a  person under the age of 21 years
15    subject to this Act.
16        (11)  "Non-secure custody" means  confinement  where  the
17    minor  is  not  physically  restricted  by  being placed in a
18    locked cell or room, by being handcuffed to a rail  or  other
19    stationary object, or by other means.  Non-secure custody may
20    include, but is not limited to, electronic monitoring, foster
21    home  placement,  home  confinement, group home placement, or
22    physical restriction of movement or activity  solely  through
23    facility staff.
24        (12)  "Public  or  community service" means uncompensated
25    labor for a non-profit  organization  or  public  body  whose
26    purpose  is  to  enhance  physical or mental stability of the
27    offender, environmental quality or  the  social  welfare  and
28    which  agrees  to  accept  public  or  community service from
29    offenders and to report on the progress of the  offender  and
30    the public or community service to the court.
31        (13)  "Sentencing  hearing"  means a hearing to determine
32    whether a minor should be adjudged a ward of the  court,  and
33    to  determine  what  sentence should be imposed on the minor.
34    It is the intent  of  the  General  Assembly  that  the  term
 
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 1    "sentencing hearing" replace the term "dispositional hearing"
 2    and  be synonymous with that definition as it was used in the
 3    Juvenile Court Act of 1987.
 4        (14)  "Shelter" means the temporary care of  a  minor  in
 5    physically unrestricting facilities pending court disposition
 6    or execution of court order for placement.
 7        (15)  "Site"  means  a  non-profit organization or public
 8    body agreeing to accept community service from offenders  and
 9    to  report  on  the  progress  of ordered public or community
10    service to the court or its delegate.
11        (16)  "Station adjustment" means the informal  or  formal
12    handling of an alleged offender by a juvenile police officer.
13        (17)  "Trial"  means  a  hearing to determine whether the
14    allegations of a petition under Section 5-520 that a minor is
15    delinquent are proved beyond a reasonable doubt.  It  is  the
16    intent  of the General Assembly that the term "trial" replace
17    the term "adjudicatory hearing" and be synonymous  with  that
18    definition as it was used in the Juvenile Court Act of 1987.
19    (Source: P.A. 90-590, eff. 1-1-99.)

20        (705 ILCS 405/5-110)
21        Sec.  5-110.  Parental   responsibility.    This  Article
22    recognizes  the  critical   role   families   play   in   the
23    rehabilitation  of  delinquent  juveniles. Parents, guardians
24    and legal custodians shall participate in the assessment  and
25    treatment of juveniles by assisting the juvenile to recognize
26    and accept responsibility for his or her delinquent behavior.
27    The  Court may order the parents, guardian or legal custodian
28    to take certain actions or to refrain from certain actions to
29    serve public safety, to develop competency of the minor,  and
30    to  promote  accountability  by  the  minor  for  his  or her
31    actions.
32    (Source: P.A. 90-590, eff. 1-1-99.)
 
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 1        (705 ILCS 405/5-115)
 2        Sec.  5-115.  Rights of victims. In all proceedings under
 3    this Article, victims shall have the same rights  of  victims
 4    in criminal proceedings as provided in the Bill of Rights for
 5    Children and the Rights of Crime Victims and Witnesses Act.
 6    (Source: P.A. 90-590, eff. 1-1-99.)

 7        (705 ILCS 405/5-120)
 8        Sec.  5-120.  Exclusive  jurisdiction. Proceedings may be
 9    instituted under the provisions of  this  Article  concerning
10    any minor who prior to the minor's 17th birthday has violated
11    or   attempted  to  violate,  regardless  of  where  the  act
12    occurred, any federal or State law  or  municipal  or  county
13    ordinance.   Except  as  provided  in  Sections 5-125, 5-130,
14    5-805, and 5-810 of this Article, no minor who was  under  17
15    years  of  age  at  the  time  of  the alleged offense may be
16    prosecuted under the criminal laws of this State.
17    (Source: P.A. 90-590, eff. 1-1-99.)

18        (705 ILCS 405/5-125)
19        Sec.  5-125.  Concurrent jurisdiction. Any minor  alleged
20    to have violated a traffic, boating, or fish and game law, or
21    a  municipal  or  county ordinance, may be prosecuted for the
22    violation and if found guilty punished under any  statute  or
23    ordinance relating to the violation, without reference to the
24    procedures   set   out  in  this  Article,  except  that  any
25    detention, must be in compliance with this Article.
26        For the purpose  of  this  Section,  "traffic  violation"
27    shall  include  a  violation  of  Section 9-3 of the Criminal
28    Code of 1961 relating to the offense  of  reckless  homicide,
29    Section  11-501  of the Illinois Vehicle Code, or any similar
30    county or municipal ordinance.
31    (Source: P.A. 90-590, eff. 1-1-99.)
 
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 1        (705 ILCS 405/5-130)
 2        Sec.  5-130.  Excluded jurisdiction.
 3        (1) (a)  The definition of delinquent minor under Section
 4    5-120 of this Article shall not apply to any minor who at the
 5    time of an offense was at least 15 years of age  and  who  is
 6    charged  with first degree murder, aggravated criminal sexual
 7    assault, aggravated battery with a  firearm  committed  in  a
 8    school,  on  the  real  property  comprising a school, within
 9    1,000 feet of the real property comprising  a  school,  at  a
10    school  related  activity, or on, boarding, or departing from
11    any conveyance owned, leased, or contracted by  a  school  or
12    school  district to transport students to or from school or a
13    school related activity regardless of the time of day or time
14    of year that the offense was committed,  armed  robbery  when
15    the armed robbery was committed with a firearm, or aggravated
16    vehicular  hijacking  when the hijacking was committed with a
17    firearm.
18        These charges and all other charges arising  out  of  the
19    same  incident shall be prosecuted under the criminal laws of
20    this State.
21        For purposes of this paragraph (a) of subsection (l):
22        "School"  means  a  public  or  private   elementary   or
23    secondary school, community college, college, or university.
24        "School  related  activity"  means  any sporting, social,
25    academic or other activity for which students' attendance  or
26    participation  is sponsored, organized, or funded in whole or
27    in part by a school or school district.
28        (b) (i)  If  before  trial  or  plea  an  information  or
29    indictment is filed that does not charge an offense specified
30    in paragraph (a) of this subsection (1) the State's  Attorney
31    may  proceed  on  any  lesser  charge or charges, but only in
32    Juvenile Court under the provisions  of  this  Article.   The
33    State's  Attorney may proceed under the Criminal Code of 1961
34    on a lesser  charge  if  before  trial  the  minor  defendant
 
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 1    knowingly  and with advice of counsel waives, in writing, his
 2    or her right to have the matter proceed in Juvenile Court.
 3        (ii)  If  before  trial  or  plea   an   information   or
 4    indictment  is  filed  that  includes  one  or  more  charges
 5    specified  in  paragraph  (a)  of  this  subsection  (1)  and
 6    additional  charges that are not specified in that paragraph,
 7    all of the charges arising out of the same incident shall  be
 8    prosecuted under the Criminal Code of 1961.
 9        (c) (i)  If after trial or plea the minor is convicted of
10    any  offense covered by paragraph (a) of this subsection (1),
11    then, in sentencing the minor, the court shall have available
12    any or all dispositions prescribed  for  that  offense  under
13    Chapter V of the Unified Code of Corrections.
14        (ii)  If  after  trial  or  plea the court finds that the
15    minor committed an offense not covered by  paragraph  (a)  of
16    this  subsection  (1),  that finding shall not invalidate the
17    verdict or the prosecution of the minor  under  the  criminal
18    laws  of  the  State;   however,  unless the State requests a
19    hearing for the purpose of sentencing the minor under Chapter
20    V of the Unified Code of Corrections, the Court must  proceed
21    under Sections 5-705 and 5-710 of this Article.  To request a
22    hearing,  the State must file a written motion within 10 days
23    following the entry of a finding or the return of a  verdict.
24    Reasonable  notice  of the motion shall be given to the minor
25    or his or her counsel.  If the motion is made by  the  State,
26    the  court shall conduct a hearing to determine if  the minor
27    should be sentenced under Chapter V of the  Unified  Code  of
28    Corrections.   In  making  its determination, the court shall
29    consider among other matters: (a) whether there  is  evidence
30    that   the   offense  was  committed  in  an  aggressive  and
31    premeditated manner; (b)  the  age  of  the  minor;  (c)  the
32    previous   history  of  the  minor;  (d)  whether  there  are
33    facilities particularly available to the  Juvenile  Court  or
34    the  Department  of  Corrections,  Juvenile Division, for the
 
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 1    treatment and rehabilitation of the minor;  (e)  whether  the
 2    security of the public requires sentencing under Chapter V of
 3    the  Unified  Code  of Corrections; and (f) whether the minor
 4    possessed a deadly weapon when committing the  offense.   The
 5    rules of evidence shall be the same as if at trial.  If after
 6    the  hearing  the  court  finds  that  the  minor  should  be
 7    sentenced under Chapter V of the Unified Code of Corrections,
 8    then  the  court  shall sentence the minor accordingly having
 9    available to it any or all dispositions so prescribed.
10        (2) (a)  The  definition  of  a  delinquent  minor  under
11    Section 5-120 of this Article shall not apply  to  any  minor
12    who  at  the time of the offense was at least 15 years of age
13    and who is charged with an offense under Section 401  of  the
14    Illinois  Controlled  Substances  Act,  while  in  a  school,
15    regardless  of  the  time  of day or the time of year, or any
16    conveyance  owned,  leased  or  contracted  by  a  school  to
17    transport students to or from  school  or  a  school  related
18    activity,  or residential property owned, operated or managed
19    by a public housing agency or  leased  by  a  public  housing
20    agency   as   part   of  a  scattered  site  or  mixed-income
21    development,  on the real  property  comprising  any  school,
22    regardless  of  the  time  of  day  or  the  time of year, or
23    residential property owned, operated or managed by  a  public
24    housing  agency  or leased by a public housing agency as part
25    of a scattered site or  mixed-income  development,  or  on  a
26    public  way within 1,000 feet of the real property comprising
27    any school, regardless of the time of  day  or  the  time  of
28    year, or residential property owned, operated or managed by a
29    public housing agency or leased by a public housing agency as
30    part  of a scattered site or mixed-income development. School
31    is defined, for the purposes of this Section, as  any  public
32    or private elementary or secondary school, community college,
33    college,  or university.  These charges and all other charges
34    arising out of the same incident shall  be  prosecuted  under
 
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 1    the criminal laws of this State.
 2        (b) (i)  If  before  trial  or  plea  an  information  or
 3    indictment is filed that does not charge an offense specified
 4    in  paragraph (a) of this subsection (2) the State's Attorney
 5    may proceed on any lesser charge  or  charges,  but  only  in
 6    Juvenile  Court  under  the  provisions of this Article.  The
 7    State's Attorney may proceed under the criminal laws of  this
 8    State  on a lesser charge if before trial the minor defendant
 9    knowingly and with advice of counsel waives, in writing,  his
10    or her right to have the matter proceed in Juvenile Court.
11        (ii)  If   before   trial   or  plea  an  information  or
12    indictment  is  filed  that  includes  one  or  more  charges
13    specified  in  paragraph  (a)  of  this  subsection  (2)  and
14    additional charges that are not specified in that  paragraph,
15    all  of the charges arising out of the same incident shall be
16    prosecuted under the criminal laws of this State.
17        (c) (i)  If after trial or plea the minor is convicted of
18    any offense covered by paragraph (a) of this subsection  (2),
19    then, in sentencing the minor, the court shall have available
20    any  or  all  dispositions  prescribed for that offense under
21    Chapter V of the Unified Code of Corrections.
22        (ii)  If after trial or plea the  court  finds  that  the
23    minor  committed  an  offense not covered by paragraph (a) of
24    this subsection (2), that finding shall  not  invalidate  the
25    verdict  or  the  prosecution of the minor under the criminal
26    laws of the State;  however,  unless  the  State  requests  a
27    hearing for the purpose of sentencing the minor under Chapter
28    V  of the Unified Code of Corrections, the Court must proceed
29    under Sections 5-705 and 5-710 of this Article.  To request a
30    hearing, the State must file a written motion within 10  days
31    following  the entry of a finding or the return of a verdict.
32    Reasonable notice of the motion shall be given to  the  minor
33    or  his  or her counsel.  If the motion is made by the State,
34    the court shall conduct a hearing to determine if  the  minor
 
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 1    should  be  sentenced  under Chapter V of the Unified Code of
 2    Corrections.  In making its determination,  the  court  shall
 3    consider  among  other matters: (a) whether there is evidence
 4    that  the  offense  was  committed  in  an   aggressive   and
 5    premeditated  manner;  (b)  the  age  of  the  minor; (c) the
 6    previous  history  of  the  minor;  (d)  whether  there   are
 7    facilities  particularly  available  to the Juvenile Court or
 8    the Department of Corrections,  Juvenile  Division,  for  the
 9    treatment  and  rehabilitation  of the minor; (e) whether the
10    security of the public requires sentencing under Chapter V of
11    the Unified Code of Corrections; and (f)  whether  the  minor
12    possessed  a  deadly weapon when committing the offense.  The
13    rules of evidence shall be the same as if at trial.  If after
14    the  hearing  the  court  finds  that  the  minor  should  be
15    sentenced under Chapter V of the Unified Code of Corrections,
16    then the court shall sentence the  minor  accordingly  having
17    available to it any or all dispositions so prescribed.
18        (3) (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  the offense was at least 15 years of age and who is
21    charged with a violation of the provisions of paragraph  (1),
22    (3),  (4),  or  (10) of subsection (a) of Section 24-1 of the
23    Criminal Code of 1961 while in school, regardless of the time
24    of day  or  the  time  of  year,  or  on  the  real  property
25    comprising  any  school, regardless of the time of day or the
26    time of year. School is defined, for purposes of this Section
27    as any public or  private  elementary  or  secondary  school,
28    community  college, college, or university. These charges and
29    all other charges arising out of the same incident  shall  be
30    prosecuted under the criminal laws of this State.
31        (b) (i)  If  before  trial  or  plea  an  information  or
32    indictment is filed that does not charge an offense specified
33    in  paragraph (a) of this subsection (3) the State's Attorney
34    may proceed on any lesser charge  or  charges,  but  only  in
 
                            -15-               LRB9111041WHmb
 1    Juvenile  Court  under  the  provisions of this Article.  The
 2    State's Attorney may proceed under the criminal laws of  this
 3    State  on a lesser charge if before trial the minor defendant
 4    knowingly and with advice of counsel waives, in writing,  his
 5    or her right to have the matter proceed in Juvenile Court.
 6        (ii)  If   before   trial   or  plea  an  information  or
 7    indictment  is  filed  that  includes  one  or  more  charges
 8    specified  in  paragraph  (a)  of  this  subsection  (3)  and
 9    additional charges that are not specified in that  paragraph,
10    all  of the charges arising out of the same incident shall be
11    prosecuted under the criminal laws of this State.
12        (c) (i)  If after trial or plea the minor is convicted of
13    any offense covered by paragraph (a) of this subsection  (3),
14    then, in sentencing the minor, the court shall have available
15    any  or  all  dispositions  prescribed for that offense under
16    Chapter V of the Unified Code of Corrections.
17        (ii)  If after trial or plea the  court  finds  that  the
18    minor  committed  an  offense not covered by paragraph (a) of
19    this subsection (3), that finding shall  not  invalidate  the
20    verdict  or  the  prosecution of the minor under the criminal
21    laws of the State;  however,  unless  the  State  requests  a
22    hearing for the purpose of sentencing the minor under Chapter
23    V  of the Unified Code of Corrections, the Court must proceed
24    under Sections 5-705 and 5-710 of this Article.  To request a
25    hearing, the State must file a written motion within 10  days
26    following  the entry of a finding or the return of a verdict.
27    Reasonable notice of the motion shall be given to  the  minor
28    or  his  or her counsel.  If the motion is made by the State,
29    the court shall conduct a hearing to determine if  the  minor
30    should  be  sentenced  under Chapter V of the Unified Code of
31    Corrections.  In making its determination,  the  court  shall
32    consider  among  other matters: (a) whether there is evidence
33    that  the  offense  was  committed  in  an   aggressive   and
34    premeditated  manner;  (b)  the  age  of  the  minor; (c) the
 
                            -16-               LRB9111041WHmb
 1    previous  history  of  the  minor;  (d)  whether  there   are
 2    facilities  particularly  available  to the Juvenile Court or
 3    the Department of Corrections,  Juvenile  Division,  for  the
 4    treatment  and  rehabilitation  of the minor; (e) whether the
 5    security of the public requires sentencing under Chapter V of
 6    the Unified Code of Corrections; and (f)  whether  the  minor
 7    possessed  a  deadly weapon when committing the offense.  The
 8    rules of evidence shall be the same as if at trial.  If after
 9    the  hearing  the  court  finds  that  the  minor  should  be
10    sentenced under Chapter V of the Unified Code of Corrections,
11    then the court shall sentence the  minor  accordingly  having
12    available to it any or all dispositions so prescribed.
13        (4) (a)  The definition of delinquent minor under Section
14    5-120 of this Article shall not apply to any minor who at the
15    time  of  an  offense was at least 13 years of age and who is
16    charged with first degree murder committed during the  course
17    of either aggravated criminal sexual assault, criminal sexual
18    assault,  or  aggravated kidnaping.  However, this subsection
19    (4) does not include a minor charged with first degree murder
20    based exclusively upon the accountability provisions  of  the
21    Criminal Code of 1961.
22        (b) (i)  If  before  trial  or  plea  an  information  or
23    indictment  is filed that does not charge first degree murder
24    committed during the course  of  aggravated  criminal  sexual
25    assault,  criminal  sexual  assault, or aggravated kidnaping,
26    the State's Attorney may proceed  on  any  lesser  charge  or
27    charges,  but  only in Juvenile Court under the provisions of
28    this Article.  The State's Attorney  may  proceed  under  the
29    criminal  laws  of  this  State  on a lesser charge if before
30    trial the  minor  defendant  knowingly  and  with  advice  of
31    counsel  waives,  in  writing,  his  or her right to have the
32    matter proceed in Juvenile Court.
33        (ii)  If  before  trial  or  plea   an   information   or
34    indictment   is  filed  that  includes  first  degree  murder
 
                            -17-               LRB9111041WHmb
 1    committed during the course  of  aggravated  criminal  sexual
 2    assault,  criminal  sexual  assault, or aggravated kidnaping,
 3    and additional charges that are not  specified  in  paragraph
 4    (a) of this subsection, all of the charges arising out of the
 5    same  incident shall be prosecuted under the criminal laws of
 6    this State.
 7        (c) (i)  If after trial or plea the minor is convicted of
 8    first degree murder committed during the course of aggravated
 9    criminal  sexual  assault,  criminal   sexual   assault,   or
10    aggravated  kidnaping,  in  sentencing  the  minor, the court
11    shall have available any or all dispositions  prescribed  for
12    that  offense  under  Chapter  V   of  the  Unified  Code  of
13    Corrections.
14        (ii)  If  the  minor  was  not yet 15 years of age at the
15    time of the offense, and if after trial  or  plea  the  court
16    finds  that  the  minor committed an offense other than first
17    degree  murder  committed  during  the   course   of   either
18    aggravated  criminal sexual assault, criminal sexual assault,
19    or aggravated kidnapping, the finding  shall  not  invalidate
20    the  verdict  or  the  prosecution  of  the  minor  under the
21    criminal  laws  of  the  State;  however,  unless  the  State
22    requests a hearing for the purpose of  sentencing  the  minor
23    under Chapter V of the Unified Code of Corrections, the Court
24    must  proceed under Sections 5-705 and 5-710 of this Article.
25    To request a hearing, the State must file  a  written  motion
26    within 10 days following the entry of a finding or the return
27    of a verdict.  Reasonable notice of the motion shall be given
28    to the minor or his or her counsel.  If the motion is made by
29    the  State,  the  court  shall conduct a hearing to determine
30    whether the minor should be sentenced under Chapter V of  the
31    Unified  Code  of  Corrections.  In making its determination,
32    the court shall consider among other  matters:   (a)  whether
33    there  is  evidence  that  the  offense  was  committed in an
34    aggressive and premeditated  manner;   (b)  the  age  of  the
 
                            -18-               LRB9111041WHmb
 1    minor;   (c)  the  previous  delinquent history of the minor;
 2    (d) whether there are facilities  particularly  available  to
 3    the Juvenile Court or the Department of Corrections, Juvenile
 4    Division,  for the treatment and rehabilitation of the minor;
 5    (e) whether the best interest of the minor and  the  security
 6    of  the  public  require  sentencing  under  Chapter V of the
 7    Unified Code of  Corrections;   and  (f)  whether  the  minor
 8    possessed  a  deadly weapon when committing the offense.  The
 9    rules of evidence shall be the same as if at trial.  If after
10    the  hearing  the  court  finds  that  the  minor  should  be
11    sentenced under Chapter V of the Unified Code of Corrections,
12    then the court shall sentence the  minor  accordingly  having
13    available to it any or all dispositions so prescribed.
14        (5) (a)  The definition of delinquent minor under Section
15    5-120  of  this  Article  shall not apply to any minor who is
16    charged with a violation of subsection (a) of Section 31-6 or
17    Section 32-10 of the Criminal Code of 1961 when the minor  is
18    subject  to prosecution under the criminal laws of this State
19    as a result of the application of the provisions  of  Section
20    5-125,  or  subsection  (1)  or  (2)  of this Section.  These
21    charges and  all  other  charges  arising  out  of  the  same
22    incident  shall be prosecuted under the criminal laws of this
23    State.
24        (b) (i)  If  before  trial  or  plea  an  information  or
25    indictment is filed that does not charge an offense specified
26    in paragraph (a) of this subsection (5), the State's Attorney
27    may proceed on any lesser charge  or  charges,  but  only  in
28    Juvenile  Court  under  the  provisions of this Article.  The
29    State's Attorney may proceed under the criminal laws of  this
30    State  on a lesser charge if before trial the minor defendant
31    knowingly and with advice of counsel waives, in writing,  his
32    or her right to have the matter proceed in Juvenile Court.
33        (ii)  If   before   trial   or  plea  an  information  or
34    indictment  is  filed  that  includes  one  or  more  charges
 
                            -19-               LRB9111041WHmb
 1    specified  in  paragraph  (a)  of  this  subsection  (5)  and
 2    additional charges that are not specified in that  paragraph,
 3    all  of the charges arising out of the same incident shall be
 4    prosecuted under the criminal laws of this State.
 5        (c) (i)  If after trial or plea the minor is convicted of
 6    any offense covered by paragraph (a) of this subsection  (5),
 7    then, in sentencing the minor, the court shall have available
 8    any  or  all  dispositions  prescribed for that offense under
 9    Chapter V  of the Unified Code of Corrections.
10        (ii)  If after trial or plea the  court  finds  that  the
11    minor  committed  an  offense not covered by paragraph (a) of
12    this subsection (5), the conviction shall not invalidate  the
13    verdict  or  the  prosecution of the minor under the criminal
14    laws of this State;  however, unless  the  State  requests  a
15    hearing for the purpose of sentencing the minor under Chapter
16    V  of the Unified Code of Corrections, the Court must proceed
17    under Sections 5-705 and 5-710 of this Article. To request  a
18    hearing,  the State must file a written motion within 10 days
19    following the entry of a finding or the return of a  verdict.
20    Reasonable  notice  of the motion shall be given to the minor
21    or his or her counsel.  If the motion is made by  the  State,
22    the court shall conduct a hearing to determine if whether the
23    minor should be sentenced under Chapter V of the Unified Code
24    of Corrections.  In making its determination, the court shall
25    consider  among other matters:  (a) whether there is evidence
26    that  the  offense  was  committed  in  an   aggressive   and
27    premeditated  manner;   (b)  the  age  of the minor;  (c) the
28    previous delinquent history of the minor;  (d) whether  there
29    are  facilities  particularly available to the Juvenile Court
30    or the Department of Corrections, Juvenile Division, for  the
31    treatment  and  rehabilitation of the minor;  (e) whether the
32    security of the public requires sentencing under Chapter V of
33    the Unified Code of Corrections;  and (f) whether  the  minor
34    possessed  a  deadly weapon when committing the offense.  The
 
                            -20-               LRB9111041WHmb
 1    rules of evidence shall be the same as if at trial.  If after
 2    the  hearing  the  court  finds  that  the  minor  should  be
 3    sentenced under Chapter V of the Unified Code of Corrections,
 4    then the court shall sentence the  minor  accordingly  having
 5    available to it any or all dispositions so prescribed.
 6        (6)  The  definition  of  delinquent  minor under Section
 7    5-120 of this Article shall  not  apply  to  any  minor  who,
 8    pursuant  to subsection (1), (2), or (3) or Section 5-805, or
 9    5-810, has previously been placed under the  jurisdiction  of
10    the criminal court and has been convicted of a crime under an
11    adult  criminal  or  penal  statute.  Such  a  minor shall be
12    subject to prosecution under the criminal laws of this State.
13        (7)  The procedures set  out  in  this  Article  for  the
14    investigation,  arrest  and prosecution of juvenile offenders
15    shall not apply to minors who are excluded from  jurisdiction
16    of  the  Juvenile Court, except that minors under 17 years of
17    age shall be kept separate from confined adults.
18        (8)  Nothing  in  this  Act  prohibits  or   limits   the
19    prosecution of any minor for an offense committed on or after
20    his or her 17th birthday even though he or she is at the time
21    of the offense a ward of the court.
22        (9)  If an original petition for adjudication of wardship
23    alleges  the commission by a minor 13 years of age or over of
24    an act that constitutes a crime under the laws of this State,
25    the minor, with the consent of his or her  counsel,  may,  at
26    any  time  before  commencement  of the adjudicatory hearing,
27    file with the court a motion  that  criminal  prosecution  be
28    ordered and that the petition be dismissed insofar as the act
29    or  acts  involved in the criminal proceedings are concerned.
30    If such a motion is filed as herein provided, the court shall
31    enter its order accordingly.
32    (Source:  P.A.  90-590,  eff.  1-1-99;  91-15,  eff.  1-1-00;
33    91-673, eff. 12-22-99; revised 1-7-00.)
 
                            -21-               LRB9111041WHmb
 1        (705 ILCS 405/5-135)
 2        Sec. 5-135. Venue.
 3        (1)  Venue under this Article lies in  the  county  where
 4    the  minor  resides, where the alleged violation or attempted
 5    violation of federal or State  law  or  county  or  municipal
 6    ordinance  occurred  or  in the county where the order of the
 7    court, alleged to have been violated by the minor,  was  made
 8    unless  subsequent  to  the  order  the proceedings have been
 9    transferred to another county.
10        (2)  If proceedings are commenced  in  any  county  other
11    than  that  of  the minor's residence, the court in which the
12    proceedings were initiated may at any time  before  or  after
13    adjudication  of  wardship transfer the case to the county of
14    the minor's residence by transmitting to the  court  in  that
15    county  an  authenticated copy of the court record, including
16    all documents, petitions and orders filed in  that  court,  a
17    copy of all reports prepared by the agency providing services
18    to the minor, and the minute orders and docket entries of the
19    court.  Transfer in like manner may be made in the event of a
20    change  of  residence  from  one county to another of a minor
21    concerning whom proceedings are pending.
22    (Source: P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.)

23        (705 ILCS 405/5-140)
24        Sec. 5-140.  Legislative findings.
25        (a)  The General Assembly finds that  a  substantial  and
26    disproportionate  amount  of  serious crime is committed by a
27    relatively small  number  of  juvenile  offenders,  otherwise
28    known  as serious habitual offenders.  By this amendatory Act
29    of 1998, the General Assembly intends to support the  efforts
30    of  the juvenile justice system comprised of law enforcement,
31    state's attorneys, probation  departments,  juvenile  courts,
32    social   service   providers,   and   schools  in  the  early
33    identification and treatment of habitual juvenile  offenders.
 
                            -22-               LRB9111041WHmb
 1    The  General  Assembly further supports increased interagency
 2    efforts to gather comprehensive data and actively disseminate
 3    the data to the agencies in the juvenile  justice  system  to
 4    produce  more  informed  decisions  by  all  entities in that
 5    system.
 6        (b)  The General Assembly finds that the establishment of
 7    a Serious  Habitual  Offender  Comprehensive  Action  Program
 8    throughout  the State of Illinois is necessary to effectively
 9    intensify  the  supervision  of  serious  habitual   juvenile
10    offenders   in   the   community   and   to  enhance  current
11    rehabilitative  efforts.   A  cooperative   and   coordinated
12    multi-disciplinary approach will increase the opportunity for
13    success with juvenile offenders and assist in the development
14    of early intervention strategies.
15    (Source: P.A. 90-590, eff. 1-1-99.)

16        (705 ILCS 405/5-145)
17        Sec.  5-145.  Cooperation  of  agencies; Serious Habitual
18    Offender Comprehensive Action Program.
19        (a)  The Serious Habitual Offender  Comprehensive  Action
20    Program  (SHOCAP)  is  a  multi-disciplinary interagency case
21    management and information sharing system  that  enables  the
22    juvenile justice system, schools, and social service agencies
23    to  make  more informed decisions regarding a small number of
24    juveniles who repeatedly commit serious delinquent acts.
25        (b)  Each county in the State  of  Illinois,  other  than
26    Cook   County,  may  establish  a  multi-disciplinary  agency
27    (SHOCAP) committee.  In Cook County, each subcircuit or group
28    of subcircuits  may  establish  a  multi-disciplinary  agency
29    (SHOCAP)   committee.    The   committee   shall  consist  of
30    representatives  from  the  following  agencies:  local   law
31    enforcement, area school district, state's attorney's office,
32    and court services (probation).
33        The  chairman  may  appoint  additional  members  to  the
 
                            -23-               LRB9111041WHmb
 1    committee  as  deemed  appropriate to accomplish the goals of
 2    this program, including, but not limited to,  representatives
 3    from  the  juvenile  detention  center,  mental  health,  the
 4    Illinois   Department   of   Children  and  Family  Services,
 5    Department of Human Services and community representatives at
 6    large.
 7        (c)  The SHOCAP committee shall adopt, by a  majority  of
 8    the members:
 9             (1)  criteria  that  will identify those who qualify
10        as a serious habitual juvenile offender; and
11             (2)  a  written  interagency   information   sharing
12        agreement  to be signed by the chief executive officer of
13        each of the agencies represented on the  committee.   The
14        interagency information sharing agreement shall include a
15        provision  that requires that all records pertaining to a
16        serious habitual offender (SHO)  shall  be  confidential.
17        Disclosure of information may be made to other staff from
18        member agencies as authorized by the SHOCAP committee for
19        the  furtherance  of  case management and tracking of the
20        SHO.  Staff from the member  agencies  who  receive  this
21        information  shall  be  governed  by  the confidentiality
22        provisions of  this  Act.   The  staff  from  the  member
23        agencies  who  will  qualify to have access to the SHOCAP
24        information must be  limited  to  those  individuals  who
25        provide  direct  services  to  the  SHO  or  who  provide
26        supervision of the SHO.
27        (d)  The  Chief  Juvenile  Circuit  Judge,  or  the Chief
28    Circuit  Judge,  or  his  or  her  designee,  may   issue   a
29    comprehensive  information  sharing  court  order.  The court
30    order shall allow agencies who are represented on the  SHOCAP
31    committee  and  whose  chief executive officer has signed the
32    interagency information  sharing  agreement  to  provide  and
33    disclose information to the SHOCAP committee.  The sharing of
34    information  will  ensure the coordination and cooperation of
 
                            -24-               LRB9111041WHmb
 1    all agencies represented in  providing  case  management  and
 2    enhancing the effectiveness of the SHOCAP efforts.
 3        (e)  Any  person  or  agency who is participating in good
 4    faith in the sharing of SHOCAP  information  under  this  Act
 5    shall  have  immunity from any liability, civil, criminal, or
 6    otherwise, that  might  result  by  reason  of  the  type  of
 7    information  exchanged.   For the purpose of any proceedings,
 8    civil or criminal, the good faith of  any  person  or  agency
 9    permitted to share SHOCAP information under this Act shall be
10    presumed.
11        (f)  All reports concerning SHOCAP clients made available
12    to  members of the SHOCAP committee and all records generated
13    from these reports shall be confidential  and  shall  not  be
14    disclosed,  except  as specifically authorized by this Act or
15    other applicable law.  It is a Class A misdemeanor to permit,
16    assist,  or  encourage  the  unauthorized  release   of   any
17    information contained in SHOCAP reports or records.
18    (Source: P.A. 90-590, eff. 1-1-99.)

19        (705 ILCS 405/5-150)
20        Sec.  5-150.  Admissibility of evidence and adjudications
21    in other proceedings.
22        (1)  Evidence and adjudications in proceedings under this
23    Act shall be admissible:
24             (a)  in  subsequent  proceedings  under   this   Act
25        concerning the same minor; or
26             (b)  in  criminal  proceedings  when the court is to
27        determine the amount of bail, fitness of the defendant or
28        in sentencing under the Unified Code of Corrections; or
29             (c)  in proceedings under this Act  or  in  criminal
30        proceedings  in  which  anyone  who  has been adjudicated
31        delinquent  under  Section  5-105  is  to  be  a  witness
32        including the minor or defendant if he or she  testifies,
33        and then only for purposes of impeachment and pursuant to
 
                            -25-               LRB9111041WHmb
 1        the rules of evidence for criminal trials; or
 2             (d)  in   civil  proceedings  concerning  causes  of
 3        action arising out of the  incident  or  incidents  which
 4        initially gave rise to the proceedings under this Act.
 5        (2)  No  adjudication or disposition under this Act shall
 6    operate to  disqualify  a  minor  from  subsequently  holding
 7    public office nor shall operate as a forfeiture of any right,
 8    privilege  or  right to receive any license granted by public
 9    authority.
10        (3)  The  court  which  adjudicated  that  a  minor   has
11    committed  any  offense relating to motor vehicles prescribed
12    in Sections 4-102 and 4-103  of  the  Illinois  Vehicle  Code
13    shall  notify the Secretary of State of that adjudication and
14    the notice shall constitute sufficient grounds  for  revoking
15    that  minor's  driver's  license  or  permit  as  provided in
16    Section 6-205 of the Illinois Vehicle Code; no minor shall be
17    considered a criminal by reason thereof, nor shall  any  such
18    adjudication be considered a conviction.
19    (Source: P.A. 90-590, eff. 1-1-99.)

20        (705 ILCS 405/5-155)
21        Sec. 5-155.  Any weapon in possession of a minor found to
22    be  a delinquent under Section 5-105 for an offense involving
23    the use of a weapon or for being in possession  of  a  weapon
24    during  the commission of an offense shall be confiscated and
25    disposed of by the juvenile court whether the weapon  is  the
26    property  of  the  minor  or  his  or her parent or guardian.
27    Disposition of the weapon by the court shall be in accordance
28    with Section 24-6 of the Criminal Code of 1961.
29    (Source: P.A. 90-590, eff. 1-1-99.)

30             PART 2.  ADMINISTRATION OF JUVENILE JUSTICE
31                CONTINUUM FOR DELINQUENCY PREVENTION
 
                            -26-               LRB9111041WHmb
 1        (705 ILCS 405/5-201)
 2        Sec.   5-201.  Legislative   declaration.   The   General
 3    Assembly recognizes that, despite  the  large  investment  of
 4    resources  committed  to  address  the  needs of the juvenile
 5    justice  system  of  this  State,  cost  of  juvenile   crime
 6    continues  to  drain the State's existing financial capacity,
 7    and exacts traumatic and tragic physical,  psychological  and
 8    economic  damage  to  victims.   The General Assembly further
 9    recognizes that many adults in the  criminal  justice  system
10    were  once  delinquents  in the juvenile justice system.  The
11    General Assembly also  recognizes  that  the  most  effective
12    juvenile  delinquency  programs  are  programs  that not only
13    prevent children from entering the juvenile  justice  system,
14    but  also  meet  local  community  needs and have substantial
15    community involvement and  support.   Therefore,  it  is  the
16    belief   of  the  General  Assembly  that  one  of  the  best
17    investments of the scarce resources available to combat crime
18    is in the prevention of delinquency, including prevention  of
19    criminal  activity  by  youth gangs.  It is the intent of the
20    General Assembly to  authorize  and  encourage  each  of  the
21    counties  of  the State to establish a comprehensive juvenile
22    justice plan based upon the input of representatives of every
23    affected public or private entity,  organization,  or  group.
24    It  is  the  further  intent  of  the  General  Assembly that
25    representatives  of  school  systems,  the   judiciary,   law
26    enforcement,   and   the   community   acquire   a   thorough
27    understanding of the role and responsibility that each has in
28    addressing  juvenile  crime in the community, that the county
29    juvenile justice plan reflect an understanding of  the  legal
30    and  fiscal limits within which the plan must be implemented,
31    and  that  willingness  of  the  parties  to  cooperate   and
32    collaborate  in  implementing  the plan be explicitly stated.
33    It is the further intent of the General Assembly that  county
34    juvenile  justice  plans form the basis of regional and State
 
                            -27-               LRB9111041WHmb
 1    juvenile justice plans and that the prevention and  treatment
 2    resources  at  the  county,  regional,  and  State  levels be
 3    utilized to the maximum  extent  possible  to  implement  and
 4    further the goals of their respective plans.
 5    (Source: P.A. 90-590, eff. 1-1-99.)

 6             PART 3.  IMMEDIATE INTERVENTION PROCEDURES

 7        (705 ILCS 405/5-300)
 8        Sec.  5-300.  Legislative   Declaration.    The   General
 9    Assembly  recognizes  that a major component of any continuum
10    for  delinquency  prevention  is  a   series   of   immediate
11    interaction  programs.   It  is  the  belief  of  the General
12    Assembly that each community or group of communities is  best
13    suited   to  develop  and  implement  immediate  intervention
14    programs to identify  and  redirect  delinquent  youth.   The
15    following  programs and procedures for immediate intervention
16    are authorized options for communities, and are not  intended
17    to be exclusive or mandated.
18    (Source: P.A. 90-590, eff. 1-1-99.)

19        (705 ILCS 405/5-301)
20        Sec.  5-301.  Station  adjustments.  A minor arrested for
21    any offense or a violation of a condition of previous station
22    adjustment may receive a station adjustment for  that  arrest
23    as  provided herein.  In deciding whether to impose a station
24    adjustment, either informal  or  formal,  a  juvenile  police
25    officer shall consider the following factors:
26        (A)  The seriousness of the alleged offense.
27        (B)  The prior history of delinquency of the minor.
28        (C)  The age of the minor.
29        (D)  The  culpability  of  the  minor  in  committing the
30    alleged offense.
31        (E)  Whether the offense was committed in  an  aggressive

 
                            -28-               LRB9111041WHmb
 1    or premeditated manner.
 2        (F)  Whether  the minor used or possessed a deadly weapon
 3    when committing the alleged offenses.
 4        (1)  Informal station adjustment.
 5             (a)  An informal station adjustment is defined as  a
 6        procedure  when a juvenile police officer determines that
 7        there is probable cause to believe  that  the  minor  has
 8        committed an offense.
 9             (b)  A  minor  shall receive no more than 3 informal
10        station adjustments statewide for a  misdemeanor  offense
11        within  3  years  without prior approval from the State's
12        Attorney's Office.
13             (c)  A minor shall receive no more than  3  informal
14        station adjustments statewide for a felony offense within
15        3   years   without   prior  approval  from  the  State's
16        Attorney's Office.
17             (d)  A minor shall receive a combined  total  of  no
18        more than 5 informal station adjustments statewide during
19        his or her minority.
20             (e)  The juvenile police officer may make reasonable
21        conditions  of  an  informal station adjustment which may
22        include but are not limited to:
23                  (i)  Curfew.
24                  (ii)  Conditions   restricting    entry    into
25             designated geographical areas.
26                  (iii)  No contact with specified persons.
27                  (iv)  School attendance.
28                  (v)  Performing  up  to  25  hours of community
29             service work.
30                  (vi)  Community mediation.
31                  (vii)  Teen court or a peer court.
32                  (viii)  Restitution limited to 90 days.
33             (f)  If the minor refuses or fails to abide  by  the
34        conditions   of   an  informal  station  adjustment,  the
 
                            -29-               LRB9111041WHmb
 1        juvenile police  officer  may  impose  a  formal  station
 2        adjustment  or refer the matter to the State's Attorney's
 3        Office.
 4             (g)  An  informal  station   adjustment   does   not
 5        constitute  an  adjudication of delinquency or a criminal
 6        conviction.   Beginning January 1, 2000, a  record  shall
 7        be  maintained  with  the  Department of State Police for
 8        informal station adjustments for offenses that would be a
 9        felony if committed by an adult, and may be maintained if
10        the offense would be a misdemeanor.
11        (2)  Formal station adjustment.
12             (a)  A formal station adjustment  is  defined  as  a
13        procedure  when a juvenile police officer determines that
14        there  is  probable  cause  to  believe  the  minor   has
15        committed  an  offense  and  an admission by the minor of
16        involvement in the offense.
17             (b)  The  minor  and  parent,  guardian,  or   legal
18        custodian  must  agree  in  writing to the formal station
19        adjustment and must be advised  of  the  consequences  of
20        violation of any term of the agreement.
21             (c)  The   minor   and  parent,  guardian  or  legal
22        custodian  shall  be  provided  a  copy  of  the   signed
23        agreement   of   the   formal  station  adjustment.   The
24        agreement shall include:
25                  (i)  The offense which formed the basis of  the
26             formal station adjustment.
27                  (ii)  An  acknowledgment  that the terms of the
28             formal station adjustment and the  consequences  for
29             violation have been explained.
30                  (iii)  An   acknowledgment   that   the  formal
31             station adjustments record  may  be  expunged  under
32             Section 5-915 of this Act.
33                  (iv)  An   acknowledgement   that   the   minor
34             understands that his or her admission of involvement
 
                            -30-               LRB9111041WHmb
 1             in  the  offense  may  be  admitted into evidence in
 2             future court hearings.
 3                  (v)  A statement that  all  parties  understand
 4             the   terms   and   conditions   of  formal  station
 5             adjustment  and  agree   to   the   formal   station
 6             adjustment process.
 7             (d)  Conditions of the formal station adjustment may
 8        include, but are not be limited to:
 9                  (i)  The time shall not exceed 120 days.
10                  (ii)  The minor shall not violate any laws.
11                  (iii)  The  juvenile police officer may require
12             the minor to comply with additional  conditions  for
13             the  formal station adjustment which may include but
14             are not limited to:
15                       (a)  Attending school.
16                       (b)  Abiding by a set curfew.
17                       (c)  Payment of restitution.
18                       (d)  Refraining from possessing a  firearm
19                  or other weapon.
20                       (e)  Reporting  to  a  police  officer  at
21                  designated    times   and   places,   including
22                  reporting and verification that the minor is at
23                  home at designated hours.
24                       (f)  Performing  up   to   25   hours   of
25                  community service work.
26                       (g)  Refraining  from  entering designated
27                  geographical areas.
28                       (h)  Participating in community mediation.
29                       (i)  Participating in teen court  or  peer
30                  court.
31                       (j)  Refraining    from    contact    with
32                  specified persons.
33             (e)  A      formal   station   adjustment  does  not
34        constitute an adjudication of delinquency or  a  criminal
 
                            -31-               LRB9111041WHmb
 1        conviction.  Beginning January 1, 2000, a record shall be
 2        maintained with the Department of State Police for formal
 3        station adjustments.
 4             (f)  A  minor  or  the  minor's parent, guardian, or
 5        legal custodian,  or  both  the  minor  and  the  minor's
 6        parent, guardian, or legal custodian, may refuse a formal
 7        station adjustment and have the matter referred for court
 8        action or other appropriate action.
 9             (g)  A  minor  or  the  minor's parent, guardian, or
10        legal custodian,  or  both  the  minor  and  the  minor's
11        parent,  guardian, or legal custodian, may within 30 days
12        of the commencement  of  the  formal  station  adjustment
13        revoke  their  consent  and  have the matter referred for
14        court  action  or   other   appropriate   action.    This
15        revocation  must be in writing and personally served upon
16        the police officer or his or her supervisor.
17             (h)  The admission of the minor as to involvement in
18        the offense shall be admissible at further court hearings
19        as long as the statement would be  admissible  under  the
20        rules of evidence.
21             (i)  If  the minor violates any term or condition of
22        the formal station adjustment the juvenile police officer
23        shall provide written notice of violation  to  the  minor
24        and  the  minor's  parent,  guardian, or legal custodian.
25        After consultation with the minor and the minor's parent,
26        guardian, or legal custodian, the juvenile police officer
27        may take any of the following steps upon violation:
28                  (i)  Warn  the   minor   of   consequences   of
29             continued violations and continue the formal station
30             adjustment.
31                  (ii)  Extend  the  period of the formal station
32             adjustment up to a total of 180 days.
33                  (iii)  Extend the hours  of  community  service
34             work up to a total of 40 hours.
 
                            -32-               LRB9111041WHmb
 1                  (iv)  Terminate  the  formal station adjustment
 2             unsatisfactorily and take no other action.
 3                  (v)  Terminate the  formal  station  adjustment
 4             unsatisfactorily   and   refer  the  matter  to  the
 5             juvenile court.
 6             (j)  A minor shall receive no  more  than  2  formal
 7        station   adjustments  statewide  for  a  felony  offense
 8        without the State's Attorney's approval within a  3  year
 9        period.
10             (k)  A  minor  shall  receive  no more than 3 formal
11        station adjustments statewide for a  misdemeanor  offense
12        without  the  State's Attorney's approval within a 3 year
13        period.
14             (l)  The  total  for  formal   station   adjustments
15        statewide  within the period of minority may not exceed 4
16        without the State's Attorney's approval.
17             (m)  If the minor  is  arrested  in  a  jurisdiction
18        where  the  minor  does  not  reside,  the formal station
19        adjustment may be transferred to the  jurisdiction  where
20        the  minor  does  reside  upon  written agreement of that
21        jurisdiction to monitor the formal station adjustment.
22        (3)  Beginning January 1,  2000,  the    juvenile  police
23    officer   making  a  station  adjustment  shall  assure  that
24    information about any offense which would constitute a felony
25    if committed by an adult  and  may  assure  that  information
26    about a misdemeanor is transmitted to the Department of State
27    Police.
28        (4)  The total number of station adjustments, both formal
29    and   informal,  shall  not  exceed  9  without  the  State's
30    Attorney's approval for any minor arrested  anywhere  in  the
31    State.
32    (Source: P.A. 90-590, eff. 1-1-99.)

33        (705 ILCS 405/5-305)
 
                            -33-               LRB9111041WHmb
 1        Sec.  5-305.  Probation adjustment.
 2        (1)  The  court  may  authorize  the probation officer to
 3    confer in a  preliminary  conference  with  a  minor  who  is
 4    alleged  to  have  committed  an  offense, his or her parent,
 5    guardian or legal custodian, the victim, the juvenile  police
 6    officer,  the  State's Attorney, and other interested persons
 7    concerning  the  advisability  of  filing  a  petition  under
 8    Section 5-520,  with  a  view  to  adjusting  suitable  cases
 9    without  the  filing  of  a  petition as provided for in this
10    Article, the probation officer should schedule  a  conference
11    promptly  except  when  the State's Attorney insists on court
12    action or when the minor has indicated that he  or  she  will
13    demand  a  judicial  hearing  and  will  not  comply  with  a
14    probation adjustment.
15        (1-b)  In  any  case  of  a  minor who is in custody, the
16    holding of a probation adjustment conference does not operate
17    to prolong temporary custody beyond the period  permitted  by
18    Section 5-415.
19        (2)  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        (3)  No statement made during a preliminary conference in
23    regard  to  the offense that is the subject of the conference
24    may be admitted into evidence at an adjudicatory  hearing  or
25    at  any  proceeding against the minor under the criminal laws
26    of this State prior to his  or  her  conviction  under  those
27    laws.
28        (4)  When  a  probation  adjustment  is  appropriate, the
29    probation  officer  shall  promptly  formulate   a   written,
30    non-judicial    adjustment   plan   following   the   initial
31    conference.
32        (5)  Non-judicial probation adjustment plans include  but
33    are not limited to the following:
34             (a)  up  to 6 months informal supervision within the
 
                            -34-               LRB9111041WHmb
 1        family;
 2             (b)  up to 12 months  informal  supervision  with  a
 3        probation officer involved;
 4             (c)  up   to  6  months  informal  supervision  with
 5        release to a person other than a parent;
 6             (d)  referral to special educational, counseling, or
 7        other rehabilitative social or educational programs;
 8             (e)  referral to residential treatment programs;
 9             (f)  participation in a public or community  service
10        program or activity; and
11             (g)  any  other  appropriate action with the consent
12        of the minor and a parent.
13        (6)  The  factors  to  be  considered  by  the  probation
14    officer in formulating a  non-judicial  probation  adjustment
15    plan  shall be the same as those limited in subsection (4) of
16    Section 5-405.
17        (7)  Beginning January 1, 2000,  the   probation  officer
18    who  imposes  a  probation  adjustment plan shall assure that
19    information about an offense which would constitute a  felony
20    if  committed  by  an  adult, and may assure that information
21    about a misdemeanor offense, is transmitted to the Department
22    of State Police.
23    (Source: P.A. 90-590, eff. 1-1-99.)

24        (705 ILCS 405/5-310)
25        Sec.  5-310.  Community mediation program.
26        (1)  Program purpose. The purpose of community  mediation
27    is  to provide a system by which minors who commit delinquent
28    acts may be dealt with in a speedy and informal manner at the
29    community or neighborhood level. The  goal  is  to  make  the
30    juvenile understand the seriousness of his or her actions and
31    the  effect that a crime has on the minor, his or her family,
32    his or her victim and his or her community. In addition, this
33    system  offers  a  method  to  reduce   the   ever-increasing
 
                            -35-               LRB9111041WHmb
 1    instances  of  delinquent  acts while permitting the judicial
 2    system to deal effectively with cases that are  more  serious
 3    in nature.
 4        (2)  Community mediation panels. The State's Attorney, or
 5    an  entity  designated by the State's Attorney, may establish
 6    community mediation  programs  designed  to  provide  citizen
 7    participation   in   addressing  juvenile  delinquency.   The
 8    State's Attorney, or his or her designee,  shall  maintain  a
 9    list  of  qualified  persons  who  have  agreed  to  serve as
10    community mediators.  To the maximum extent  possible,  panel
11    membership  shall  reflect  the  social-economic,  racial and
12    ethnic make-up of the community in which the panel sits.  The
13    panel shall consist of members with a diverse  background  in
14    employment, education and life experience.
15        (3)  Community mediation cases.
16             (a)  Community  mediation programs shall provide one
17        or more community mediation  panels  to  informally  hear
18        cases  that are referred by a police officer as a station
19        adjustment,  or  a  probation  officer  as  a   probation
20        adjustment,  or  referred  by  the  State's Attorney as a
21        diversion from prosecution.
22             (b)  Minors  who  are  offered  the  opportunity  to
23        participate in the program must admit responsibility  for
24        the offense to be eligible for the program.
25        (4)  Disposition  of  cases.  Subsequent  to  any hearing
26    held, the community mediation panel may:
27             (a)  Refer   the   minor   for   placement   in    a
28        community-based nonresidential program.
29             (b)  Refer  the  minor  or  the  minor's  family  to
30        community counseling.
31             (c)  Require the minor to perform up to 100 hours of
32        community service.
33             (d)  Require  the minor to make restitution in money
34        or in kind in a case involving property damage;  however,
 
                            -36-               LRB9111041WHmb
 1        the  amount of restitution shall not exceed the amount of
 2        actual damage to property.
 3             (e)  Require  the  minor  and  his  or  her  parent,
 4        guardian, or  legal  custodian  to  undergo  an  approved
 5        screening  for  substance  abuse or use, or both.  If the
 6        screening indicates a need, a drug and alcohol assessment
 7        of the minor and his or her parent,  guardian,  or  legal
 8        custodian shall be conducted by an entity licensed by the
 9        Department  of  Human  Services,  as  a  successor to the
10        Department of Alcoholism and Substance Abuse.  The  minor
11        and his or her parent, guardian, or legal custodian shall
12        adhere to and complete all recommendations to obtain drug
13        and  alcohol  treatment and counseling resulting from the
14        assessment.
15             (f)  Require the minor to attend school.
16             (g)  Require the minor to attend tutorial sessions.
17             (h)  Impose any other restrictions or sanctions that
18        are designed  to  encourage  responsible  and  acceptable
19        behavior  and  are agreed upon by the participants of the
20        community mediation proceedings.
21        (5)  The agreement shall run no more than 6 months.   All
22    community  mediation panel members and observers are required
23    to sign  the  following  oath  of  confidentiality  prior  to
24    commencing community mediation proceedings:
25                  "I  solemnly  swear  or  affirm that I will not
26             divulge, either by words or signs,  any  information
27             about  the  case  which comes to my knowledge in the
28             course of a  community  mediation  presentation  and
29             that I will keep secret all proceedings which may be
30             held in my presence.
31                  Further,   I   understand   that   if  I  break
32             confidentiality by telling anyone else the names  of
33             community   mediation   participants,   except   for
34             information  pertaining  to  the community mediation
 
                            -37-               LRB9111041WHmb
 1             panelists themselves, or any other specific  details
 2             of the case which may identify that juvenile, I will
 3             no  longer be able to serve as a community mediation
 4             panel member or observer."
 5        (6)  The  State's  Attorney   shall   adopt   rules   and
 6    procedures governing administration of the program.
 7    (Source: P.A. 90-590, eff. 1-1-99.)

 8        (705 ILCS 405/5-315)
 9        Sec.  5-315.  Teen  court.  The county board or corporate
10    authorities  of  a  municipality,  or  both,  may  create  or
11    contract with a community based organization for  teen  court
12    programs.
13    (Source: P.A. 90-590, eff. 1-1-99.)

14        (705 ILCS 405/5-325)
15        Sec.  5-325.  Reports  to  the State's Attorney. Upon the
16    request of the State's Attorney in the  county  where  it  is
17    alleged that a minor has committed a crime, any school or law
18    enforcement  agency  that  has knowledge of those allegations
19    shall forward information or a report concerning the incident
20    to the State's Attorney, provided that the information is not
21    currently protected by any privilege recognized by law or  by
22    decision, rule, or order of the Illinois Supreme Court.
23    (Source: P.A. 90-590, eff. 1-1-99.)

24        (705 ILCS 405/5-330)
25        Sec.  5-330.  State's Attorney's discretion to prosecute.
26    Nothing in this Article shall divest  the  authority  of  the
27    State's  Attorney  to file appropriate charges for violations
28    of this Article if he or she has probable  cause  to  believe
29    that the violations have occurred.
30    (Source: P.A. 90-590, eff. 1-1-99.)
 
                            -38-               LRB9111041WHmb
 1                     PART 4.  ARREST AND CUSTODY

 2        (705 ILCS 405/5-401)
 3        Sec. 5-401.  Arrest and taking  into custody of a minor.
 4        (1)  A law enforcement officer may, without a warrant,
 5             (a)  arrest  a  minor whom the officer with probable
 6        cause believes to be a delinquent minor;  or
 7             (b)  take into custody a minor who has been adjudged
 8        a ward of the court and has escaped from  any  commitment
 9        ordered by the court under this Act; or
10             (c)  take  into  custody  a  minor  whom the officer
11        reasonably  believes  has  violated  the  conditions   of
12        probation or supervision ordered by the court.
13        (2)  Whenever  a  petition  has  been filed under Section
14    5-520 and the court finds that the conduct  and  behavior  of
15    the  minor  may  endanger  the  health,  person,  welfare, or
16    property of the minor or others or that the circumstances  of
17    his  or  her home environment may endanger his or her health,
18    person,  welfare  or  property,  a  warrant  may  be   issued
19    immediately to take the minor into custody.
20        (3)  Except  for  minors accused of violation of an order
21    of the court, any minor accused of any act under  federal  or
22    State  law, or a municipal or county ordinance that would not
23    be illegal if committed by an adult, cannot be  placed  in  a
24    jail,   municipal   lockup,   detention   center,  or  secure
25    correctional  facility.   Juveniles  accused  with   underage
26    consumption  and  underage  possession  of  alcohol cannot be
27    placed in a jail,  municipal  lockup,  detention  center,  or
28    correctional facility.
29    (Source: P.A. 90-590, eff. 1-1-99.)

30        (705 ILCS 405/5-405)
31        Sec. 5-405.  Duty of officer; admissions by minor.
32        (1)  A law enforcement officer who arrests a minor with a
 
                            -39-               LRB9111041WHmb
 1    warrant shall immediately make a reasonable attempt to notify
 2    the  parent  or  other  person  legally  responsible  for the
 3    minor's care or the person with whom the minor  resides  that
 4    the  minor  has  been  arrested  and where he or she is being
 5    held.  The minor shall be delivered without unnecessary delay
 6    to the court or to the place designated by rule or  order  of
 7    court for the reception of minors.
 8        (2)  A  law  enforcement  officer  who  arrests  a  minor
 9    without  a warrant under Section 5-401 shall, if the minor is
10    not released, immediately make a reasonable attempt to notify
11    the parent  or  other  person  legally  responsible  for  the
12    minor's  care  or the person with whom the minor resides that
13    the minor has been arrested and  where  the  minor  is  being
14    held;    and   the  law  enforcement  officer  shall  without
15    unnecessary delay take the  minor  to  the  nearest  juvenile
16    police officer designated for these purposes in the county of
17    venue  or  shall  surrender  the  minor  to a juvenile police
18    officer in the city or village where the offense  is  alleged
19    to have been committed.  If a minor is taken into custody for
20    an  offense  which  would be a misdemeanor if committed by an
21    adult, the law enforcement officer, upon determining the true
22    identity of the minor, may release the minor to the parent or
23    other person legally responsible for the minor's care or  the
24    person  with  whom  the  minor  resides.    If  a minor is so
25    released, the law enforcement officer shall promptly notify a
26    juvenile police officer of the circumstances of  the  custody
27    and release.
28        (3)  The  juvenile  police  officer  may  take one of the
29    following actions:
30             (a) station adjustment and release of the minor;
31             (b)  release the minor to his  or  her  parents  and
32        refer the case to Juvenile Court;
33             (c)  if   the  juvenile  police  officer  reasonably
34        believes that there is an urgent and immediate  necessity
 
                            -40-               LRB9111041WHmb
 1        to keep the minor in custody, the juvenile police officer
 2        shall  deliver the minor without unnecessary delay to the
 3        court or to the place designated  by  rule  or  order  of
 4        court for the reception of minors;
 5             (d)  any  other  appropriate  action with consent of
 6        the minor or a parent.
 7        (4)  The factors to be considered in determining  whether
 8    to release or keep a minor in custody shall include:
 9             (a)  the  nature  of  the  allegations  against  the
10        minor;
11             (b)  the minor's history and present situation;
12             (c)  the  history  of  the  minor's  family  and the
13        family's present situation;
14             (d)  the educational and employment  status  of  the
15        minor;
16             (e)  the   availability   of   special  resource  or
17        community services to aid or counsel the minor;
18             (f)  the minor's past involvement with and  progress
19        in social programs;
20             (g)  the   attitude  of  complainant  and  community
21        toward the minor;  and
22             (h)  the present attitude of the minor and family.
23        (5)  The records of law enforcement  officers  concerning
24    all  minors  taken  into  custody  under  this  Act  shall be
25    maintained separate from the records of arrests of adults and
26    may not be inspected by or disclosed  to  the  public  except
27    pursuant to Section 5-901 and Section 5-905.
28    (Source: P.A. 90-590, eff. 1-1-99.)

29        (705 ILCS 405/5-410)
30        Sec. 5-410.  Non-secure custody or detention.
31        (1)  Any minor arrested or taken into custody pursuant to
32    this  Act who requires care away from his or her home but who
33    does  not  require  physical  restriction  shall   be   given
 
                            -41-               LRB9111041WHmb
 1    temporary  care  in  a  foster  family  home or other shelter
 2    facility designated by the court.
 3        (2) (a)  Any minor 10 years  of  age  or  older  arrested
 4    pursuant to this Act where there is probable cause to believe
 5    that  the  minor  is  a delinquent minor and that (i) secured
 6    custody is a matter of immediate and urgent necessity for the
 7    protection of the minor or  of  the  person  or  property  of
 8    another, (ii) the minor is likely to flee the jurisdiction of
 9    the  court, or (iii) the minor was taken into custody under a
10    warrant, may be kept or detained in an  authorized  detention
11    facility.   No  minor under 12 years of age shall be detained
12    in a county jail or a municipal lockup for more than 6 hours.
13        (b)  The written authorization of the  probation  officer
14    or  detention  officer (or other public officer designated by
15    the court in a county having 3,000,000 or  more  inhabitants)
16    constitutes  authority for the superintendent of any juvenile
17    detention home to detain and keep a minor for up to 40 hours,
18    excluding Saturdays, Sundays and  court-designated  holidays.
19    These  records  shall  be  available  to the same persons and
20    pursuant to  the  same  conditions  as  are  law  enforcement
21    records as provided in Section 5-905.
22        (b-4)  The  consultation  required  by  subsection  (b-5)
23    shall not be applicable if the probation officer or detention
24    officer (or other public officer designated by the court in a
25    county  having  3,000,000  or  more  inhabitants)  utilizes a
26    scorable  detention  screening  instrument,  which  has  been
27    developed with input by the State's  Attorney,  to  determine
28    whether a minor should be detained, however, subsection (b-5)
29    shall  still be applicable where no such screening instrument
30    is used or where the probation officer, detention officer (or
31    other public officer designated by  the  court  in  a  county
32    having  3,000,000  or  more  inhabitants)  deviates  from the
33    screening instrument.
34        (b-5)  Subject to the provisions of subsection (b-4),  if
 
                            -42-               LRB9111041WHmb
 1    a  probation  officer  or  detention officer (or other public
 2    officer designated by the court in a county having  3,000,000
 3    or more inhabitants) does not intend to detain a minor for an
 4    offense which constitutes one of the following offenses he or
 5    she shall consult with the State's Attorney's Office prior to
 6    the release of the minor:  first degree murder, second degree
 7    murder,  involuntary  manslaughter,  criminal sexual assault,
 8    aggravated criminal sexual assault, aggravated battery with a
 9    firearm, aggravated or heinous  battery  involving  permanent
10    disability  or  disfigurement  or great bodily harm, robbery,
11    aggravated  robbery,  armed  robbery,  vehicular   hijacking,
12    aggravated  vehicular  hijacking,  vehicular invasion, arson,
13    aggravated arson,  kidnapping,  aggravated  kidnapping,  home
14    invasion, burglary, or residential burglary.
15        (c)  Except  as otherwise provided in paragraph (a), (d),
16    or (e), no minor shall  be  detained  in  a  county  jail  or
17    municipal  lockup  for more than 12 hours, unless the offense
18    is a crime of  violence  in  which  case  the  minor  may  be
19    detained  up  to 24 hours. For the purpose of this paragraph,
20    "crime of violence" has the meaning ascribed to it in Section
21    1-10 of the Alcoholism and Other Drug  Abuse  and  Dependency
22    Act.
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
 
                            -43-               LRB9111041WHmb
 1    it cannot exceed the time specified under this Act.
 2        (iv)  A  log  shall be kept which shows the offense which
 3    is 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 years 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
 
                            -44-               LRB9111041WHmb
 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
 
                            -45-               LRB9111041WHmb
 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    (Source: P.A. 90-590, eff. 1-1-99.)

10        (705 ILCS 405/5-407)
11        Sec. 5-407.  Processing of juvenile in  possession  of  a
12    firearm.
13        (a)  If   a  law  enforcement  officer  detains  a  minor
14    pursuant to Section 10-27.1A of the School Code, the  officer
15    shall  deliver  the minor to the nearest juvenile officer, in
16    the manner prescribed by subsection (2) of Section  5-405  of
17    this  Act.   The  juvenile  officer  shall  deliver the minor
18    without unnecessary delay  to  the  court  or  to  the  place
19    designated  by  rule  or  order of court for the reception of
20    minors.  In no event shall the  minor  be  eligible  for  any
21    other   disposition   by   the   juvenile   police   officer,
22    notwithstanding  the  provisions of subsection (3) of Section
23    5-405 of this Act.
24        (b)  Minors not excluded  from  this  Act's  jurisdiction
25    under subsection (3)(a) of Section 5-130 of this Act shall be
26    brought  before a judicial officer within 40 hours, exclusive
27    of Saturdays, Sundays, and court-designated holidays,  for  a
28    detention  hearing  to  determine  whether he or she shall be
29    further held in custody.  If the court finds  that  there  is
30    probable  cause  to  believe  that  the minor is a delinquent
31    minor by virtue of his  or  her  violation  of  item  (4)  of
32    subsection  (a)  of Section 24-1 of the Criminal Code of 1961
33    while  on  school  grounds,  that  finding  shall  create   a
 
                            -46-               LRB9111041WHmb
 1    presumption  that immediate and urgent necessity exists under
 2    subdivision (2) of Section  5-501  of  this  Act.   Once  the
 3    presumption  of  immediate  and  urgent  necessity  has  been
 4    raised, the burden of demonstrating the lack of immediate and
 5    urgent  necessity  shall  be  on  any  party that is opposing
 6    detention for the minor.  Should the  court  order  detention
 7    pursuant  to  this  Section,  the  minor  shall  be detained,
 8    pending  the  results  of   a   court-ordered   psychological
 9    evaluation  to  determine  if the minor is a risk to himself,
10    herself, or  others.    Upon  receipt  of  the  psychological
11    evaluation,   the   court   shall  review  the  determination
12    regarding the existence of urgent  and  immediate  necessity.
13    The  court  shall  consider  the  psychological evaluation in
14    conjunction with the other factors identified in  subdivision
15    (2)  of  Section 5-501 of this Act in order to make a de novo
16    determination regarding whether it is a matter  of  immediate
17    and  urgent  necessity  for the protection of the minor or of
18    the person or property of another that the minor be  detained
19    or  placed  in  a  shelter care facility.  In addition to the
20    pre-trial conditions found in Section 5-505 of this Act,  the
21    court may order the minor to receive counseling and any other
22    services  recommended  by  the  psychological evaluation as a
23    condition for release of the minor.
24        (c)  Upon  making  a  determination  that   the   student
25    presents  a  risk  to  himself, herself, or others, the court
26    shall issue an order restraining the  student  from  entering
27    the property of the school if he or she has been suspended or
28    expelled from the school as a result of possessing a firearm.
29    The order shall restrain the student from entering the school
30    and school owned or leased property, including any conveyance
31    owned,  leased,  or  contracted  by  the  school to transport
32    students to or from school or a school-related activity.  The
33    order shall remain in effect until such  time  as  the  court
34    determines  that  the  student  no  longer presents a risk to
 
                            -47-               LRB9111041WHmb
 1    himself, herself, or others.
 2        (d)  Psychological  evaluations   ordered   pursuant   to
 3    subsection  (b)  of  this  Section and statements made by the
 4    minor during the course of these evaluations,  shall  not  be
 5    admissible  on  the issue of delinquency during the course of
 6    any adjudicatory hearing held under this Act.
 7        (e)  In this Section:
 8        "School"  means  any  public  or  private  elementary  or
 9    secondary school.
10        "School grounds" includes the  real  property  comprising
11    any  school, any conveyance owned, leased, or contracted by a
12    school  to  transport  students  to  or  from  school  or   a
13    school-related  activity, or any public way within 1,000 feet
14    of the real property comprising any school.
15    (Source: P.A. 91-11, eff. 6-4-99.)

16        (705 ILCS 405/5-415)
17        Sec.  5-415.  Setting  of  detention  or   shelter   care
18    hearing; release.
19        (1)  Unless  sooner  released,  a  minor  alleged to be a
20    delinquent minor taken into temporary custody must be brought
21    before a judicial officer within 40 hours for a detention  or
22    shelter  care hearing to determine whether he or she shall be
23    further  held  in  custody.  If  a  minor  alleged  to  be  a
24    delinquent minor taken into custody  is  hospitalized  or  is
25    receiving  treatment  for a physical or mental condition, and
26    is unable to be brought  before  a  judicial  officer  for  a
27    detention  or  shelter  care hearing, the 40 hour period will
28    not commence until the minor is released from the hospital or
29    place of treatment.  If the minor gives false information  to
30    law  enforcement  officials regarding the minor's identity or
31    age, the 40 hour period will not  commence  until  the  court
32    rules  that  the minor is subject to this Act and not subject
33    to prosecution under the Criminal Code of  1961.   Any  other
 
                            -48-               LRB9111041WHmb
 1    delay  attributable  to  a  minor  alleged to be a delinquent
 2    minor who is taken into temporary custody shall act  to  toll
 3    the  40  hour  time  period.   In all cases, the 40 hour time
 4    period   is   exclusive    of    Saturdays,    Sundays    and
 5    court-designated holidays.
 6        (2)  If  the  State's  Attorney  or probation officer (or
 7    other public officer designated by  the  court  in  a  county
 8    having  more  than 3,000,000 inhabitants) determines that the
 9    minor should be retained in custody, he or she shall cause  a
10    petition  to  be  filed  as provided in Section 5-520 of this
11    Article, and the clerk of the court shall set the matter  for
12    hearing  on  the  detention or shelter care hearing calendar.
13    When a parent,  legal  guardian,  custodian,  or  responsible
14    relative is present and so requests, the detention or shelter
15    care  hearing  shall  be  held immediately if the court is in
16    session and the State is ready to proceed, otherwise  at  the
17    earliest  feasible  time. The probation officer or such other
18    public officer designated by the court  in  a  county  having
19    more  than  3,000,000  inhabitants  shall  notify the minor's
20    parent, legal guardian, custodian, or responsible relative of
21    the time and place of the hearing.  The notice may  be  given
22    orally.
23        (3)  The  minor  must  be  released  from  custody at the
24    expiration of the 40 hour period specified by this Section if
25    not brought before a judicial officer within that period.
26        (4)  After the initial 40 hour  period  has  lapsed,  the
27    court  may  review  the  minor's custodial status at any time
28    prior to the trial or sentencing  hearing.   If  during  this
29    time  period  new or additional information becomes available
30    concerning the minor's  conduct,  the  court  may  conduct  a
31    hearing  to determine whether the minor should be placed in a
32    detention or shelter care facility.  If the court finds  that
33    there  is probable cause that the minor is a delinquent minor
34    and that it is a matter of immediate and urgent necessity for
 
                            -49-               LRB9111041WHmb
 1    the protection of the minor or of the person or  property  of
 2    another, or that he or she is likely to flee the jurisdiction
 3    of the court, the court may order that the minor be placed in
 4    detention or shelter care.
 5    (Source: P.A. 90-590, eff. 1-1-99.)

 6                    PART 5. PRETRIAL PROCEEDINGS

 7        (705 ILCS 405/5-501)
 8        Sec.  5-501.  Detention  or  shelter care hearing. At the
 9    appearance of the minor before the court at the detention  or
10    shelter  care  hearing,  the court shall receive all relevant
11    information and evidence, including affidavits concerning the
12    allegations made in the petition.  Evidence used by the court
13    in its findings or stated in or offered  in  connection  with
14    this  Section  may  be  by  way  of proffer based on reliable
15    information offered by the  State  or  minor.   All  evidence
16    shall be admissible if it is relevant and reliable regardless
17    of whether it would be admissible under the rules of evidence
18    applicable  at  a  trial.   No hearing may be held unless the
19    minor is represented by counsel.
20        (1)  If the court finds that there is not probable  cause
21    to  believe  that  the  minor  is a delinquent minor it shall
22    release the minor and dismiss the petition.
23        (2)  If the court finds that there is probable  cause  to
24    believe  that the minor is a delinquent minor, the minor, his
25    or her parent, guardian, custodian and other persons able  to
26    give  relevant  testimony  may  be examined before the court.
27    The court may also consider any evidence by  way  of  proffer
28    based  upon  reliable information offered by the State or the
29    minor.   All  evidence,  including   affidavits,   shall   be
30    admissible  if  it  is  relevant  and  reliable regardless of
31    whether it would be admissible under the  rules  of  evidence
32    applicable  at  trial.  After such evidence is presented, the
 
                            -50-               LRB9111041WHmb
 1    court may enter an order that the  minor  shall  be  released
 2    upon  the request of a parent, guardian or legal custodian if
 3    the parent, guardian or custodian appears to take custody.
 4        If the court finds that it is a matter of  immediate  and
 5    urgent  necessity  for  the protection of the minor or of the
 6    person or property of another that the minor be  detained  or
 7    placed in a shelter care facility or that he or she is likely
 8    to  flee  the  jurisdiction  of  the  court,  the  court  may
 9    prescribe  detention or shelter care and order that the minor
10    be kept in a suitable place designated by the court or  in  a
11    shelter   care  facility  designated  by  the  Department  of
12    Children and Family Services  or  a  licensed  child  welfare
13    agency; otherwise it shall release the minor from custody. If
14    the court prescribes shelter care, then in placing the minor,
15    the   Department   or  other  agency  shall,  to  the  extent
16    compatible with the court's order, comply with Section  7  of
17    the   Children  and  Family  Services  Act.   In  making  the
18    determination  of  the  existence  of  immediate  and  urgent
19    necessity, the court shall consider among other matters:  (a)
20    the  nature  and  seriousness of the alleged offense; (b) the
21    minor's record of delinquency offenses, including whether the
22    minor has delinquency cases pending;  (c) the minor's  record
23    of  willful  failure  to  appear  following the issuance of a
24    summons or warrant; (d)  the  availability  of  non-custodial
25    alternatives, including the presence of a parent, guardian or
26    other  responsible  relative  able  and  willing  to  provide
27    supervision  and  care for the minor and to assure his or her
28    compliance with a summons.  If the minor is ordered placed in
29    a shelter care facility of a licensed child  welfare  agency,
30    the  court  shall,  upon  request  of the agency, appoint the
31    appropriate agency executive temporary custodian of the minor
32    and the court may enter such  other  orders  related  to  the
33    temporary custody of the minor as it deems fit and proper.
34        The  order  together with the court's findings of fact in
 
                            -51-               LRB9111041WHmb
 1    support of the order shall be entered of record in the court.
 2        Once the court finds that it is a matter of immediate and
 3    urgent necessity for the protection of  the  minor  that  the
 4    minor  be  placed in a shelter care facility, the minor shall
 5    not be returned to the parent, custodian  or  guardian  until
 6    the court finds that the placement is no longer necessary for
 7    the protection of the minor.
 8        (3)  Only  when there is reasonable cause to believe that
 9    the minor taken into custody is a delinquent  minor  may  the
10    minor  be  kept  or  detained  in  a  facility authorized for
11    juvenile  detention.   This  Section  shall  in  no  way   be
12    construed to limit subsection (4).
13        (4)  Minors  12  years  of  age  or  older  must  be kept
14    separate from confined adults and may not at any time be kept
15    in the same cell, room or yard with  confined  adults.   This
16    paragraph (4):
17             (a)  shall  only  apply  to  confinement pending  an
18        adjudicatory hearing  and  shall  not  exceed  40  hours,
19        excluding   Saturdays,   Sundays,  and  court  designated
20        holidays.  To accept or  hold  minors  during  this  time
21        period,  county  jails  shall  comply with all monitoring
22        standards for juvenile detention homes promulgated by the
23        Department of Corrections and training standards approved
24        by the Illinois Law Enforcement Training Standards Board.
25             (b)  To accept or hold minors, 12 years  of  age  or
26        older,  after the time period prescribed in clause (a) of
27        subsection (4) of this Section but not exceeding  7  days
28        including  Saturdays,  Sundays,  and holidays, pending an
29        adjudicatory hearing, county jails shall comply with  all
30        temporary   detention   standards   promulgated   by  the
31        Department of Corrections and training standards approved
32        by the Illinois Law Enforcement Training Standards Board.
33             (c)  To accept or hold minors 12  years  of  age  or
34        older, after the time period prescribed in clause (a) and
 
                            -52-               LRB9111041WHmb
 1        (b),  of  this  subsection county jails shall comply with
 2        all programmatic  and  training  standards  for  juvenile
 3        detention   homes   promulgated   by  the  Department  of
 4        Corrections.
 5        (5)  If the  minor  is  not  brought  before  a  judicial
 6    officer  within the time period as specified in Section 5-415
 7    the minor must immediately be released from custody.
 8        (6)  If neither the parent, guardian or  legal  custodian
 9    appears  within  24 hours to take custody of a minor released
10    from detention or shelter care, then the clerk of  the  court
11    shall  set  the  matter  for  rehearing not later than 7 days
12    after the original order and shall issue a  summons  directed
13    to the parent, guardian or legal custodian to appear.  At the
14    same  time the probation department shall prepare a report on
15    the minor.  If a parent, guardian or legal custodian does not
16    appear at such  rehearing,  the  judge  may  enter  an  order
17    prescribing  that  the  minor  be  kept  in  a suitable place
18    designated by the Department of Human Services or a  licensed
19    child  welfare  agency.  The  time during which a minor is in
20    custody after being released upon the request  of  a  parent,
21    guardian or legal custodian shall be considered as time spent
22    in detention for purposes of scheduling the trial.
23        (7)  Any   party,  including  the  State,  the  temporary
24    custodian, an agency  providing  services  to  the  minor  or
25    family  under  a  service plan pursuant to Section 8.2 of the
26    Abused and Neglected Child Reporting Act, foster  parent,  or
27    any  of their representatives, may file a motion to modify or
28    vacate a temporary custody order or  vacate  a  detention  or
29    shelter care order on any of the following grounds:
30             (a)  It  is  no  longer  a  matter  of immediate and
31        urgent necessity that the minor remain  in  detention  or
32        shelter care;  or
33             (b)  There is a material change in the circumstances
34        of  the  natural family from which the minor was removed;
 
                            -53-               LRB9111041WHmb
 1        or
 2             (c)  A person, including a parent, relative or legal
 3        guardian, is capable of assuming temporary custody of the
 4        minor;  or
 5             (d)  Services provided by the Department of Children
 6        and Family Services or a child welfare  agency  or  other
 7        service  provider have been successful in eliminating the
 8        need for temporary custody.
 9        The clerk shall set the matter for hearing not later than
10    14 days after such motion is filed.  In the  event  that  the
11    court  modifies  or  vacates  a  temporary order but does not
12    vacate its finding of probable cause,  the  court  may  order
13    that appropriate services be continued or initiated in behalf
14    of the minor and his or her family.
15        (8)  Whenever  a  petition  has  been filed under Section
16    5-520  the  court  can,  at  any  time  prior  to  trial   or
17    sentencing,  order that the minor be placed in detention or a
18    shelter care facility after the court conducts a hearing  and
19    finds that the conduct and behavior of the minor may endanger
20    the health, person, welfare, or property of himself or others
21    or  that the circumstances of his or her home environment may
22    endanger his or her health, person, welfare or property.
23    (Source: P.A. 90-590, eff. 1-1-99.)

24        (705 ILCS 405/5-505)
25        Sec. 5-505.  Pre-trial conditions order.
26        (1)  If a minor is  charged  with  the  commission  of  a
27    delinquent  act,  at  any  appearance of the minor before the
28    court prior to trial, the court  may  conduct  a  hearing  to
29    determine  whether  the minor should be required to do any of
30    the following:
31             (a)  not  violate  any  criminal  statute   of   any
32        jurisdiction;
33             (b)  make  a  report  to and appear in person before
 
                            -54-               LRB9111041WHmb
 1        any person or agency as directed by the court;
 2             (c)  refrain from  possessing  a  firearm  or  other
 3        dangerous weapon, or an automobile;
 4             (d)  reside  with  his or her parents or in a foster
 5        home;
 6             (e)  attend school;
 7             (f)  attend a non-residential program for youth;
 8             (g)  comply with curfew requirements  as  designated
 9        by the court;
10             (h)  refrain   from   entering   into  a  designated
11        geographic area except upon  terms  as  the  court  finds
12        appropriate.   The terms may include consideration of the
13        purpose of the entry, the  time  of  day,  other  persons
14        accompanying  the  minor,  advance approval by the court,
15        and any other terms the court may deem appropriate;
16             (i)  refrain from having any  contact,  directly  or
17        indirectly,  with certain specified persons or particular
18        types of persons, including but not limited to members of
19        street gangs and drug users or dealers;
20             (j)  comply with any  other  conditions  as  may  be
21        ordered by the court.
22        No hearing may be held unless the minor is represented by
23    counsel.   If  the  court  determines  that there is probable
24    cause to believe the minor is a delinquent minor and that  it
25    is  in  the best interests of the minor that the court impose
26    any or all of the conditions listed in paragraphs (a) through
27    (j) of this subsection (1), then the court  shall  order  the
28    minor to abide by all of the conditions ordered by the court.
29        (2)  If  the court issues a pre-trial conditions order as
30    provided in subsection (1), the court shall inform the  minor
31    and   provide  a  copy  of  the  pre-trial  conditions  order
32    effective under this Section.
33        (3)  The provisions of  the  pre-trial  conditions  order
34    issued  under  this  Section  may  be  continued  through the
 
                            -55-               LRB9111041WHmb
 1    sentencing hearing if the court deems the  action  reasonable
 2    and  necessary.   Nothing  in this Section shall preclude the
 3    minor from applying to the court at any time for modification
 4    or dismissal of  the  order  or  the  State's  Attorney  from
 5    applying  to  the court at any time for additional provisions
 6    under the pre-trial conditions  order,  modification  of  the
 7    order, or dismissal of the order.
 8    (Source: P.A. 90-590, eff. 1-1-99.)

 9        (705 ILCS 405/5-510)
10        Sec. 5-510.  Restraining order against juvenile.
11        (1)  If  a  minor  is  charged  with  the commission of a
12    delinquent act, the court may conduct a hearing to  determine
13    whether   an   order   shall  be  issued  against  the  minor
14    restraining   the   minor    from    harassing,    molesting,
15    intimidating,   retaliating  against,  or  tampering  with  a
16    witness to or a victim of the  delinquent  act  charged.   No
17    hearing  may  be  held  unless  the  minor  is represented by
18    counsel.  If the court  determines  that  there  is  probable
19    cause  to  believe  that  the minor is a delinquent minor and
20    that it is a matter of immediate and urgent necessity for the
21    protection of a witness to or a victim of the delinquent  act
22    charged  against the minor, the court may issue a restraining
23    order against the minor restraining the minor from harassing,
24    molesting, intimidating, retaliating  against,  or  tampering
25    with  the  witness  or  victim.   The order together with the
26    court's finding of fact in support  of  the  order  shall  be
27    entered of record in the court.
28        (2)  If  the court issues a restraining order as provided
29    in subsection (1), the court shall inform the  minor  of  the
30    restraining order effective under this Section.
31        (3)  The provisions of the restraining order issued under
32    this  Section  may  be  continued  by  the  court  after  the
33    sentencing  hearing  if the court deems the action reasonable
 
                            -56-               LRB9111041WHmb
 1    and necessary.  Nothing in this Section  shall  preclude  the
 2    minor from applying to the court at any time for modification
 3    or  dismissal  of  the  order  or  the  State's Attorney from
 4    applying to the court at any time for  additional  provisions
 5    under  the  restraining  order, modification of the order, or
 6    dismissal of the order.
 7    (Source: P.A. 90-590, eff. 1-1-99.)

 8        (705 ILCS 405/5-515)
 9        Sec. 5-515.  Medical and dental treatment  and  care.  At
10    all  times  during  temporary  custody,  detention or shelter
11    care, the court may authorize a physician, a hospital or  any
12    other  appropriate  health  care provider to provide medical,
13    dental  or  surgical  procedures  if  those  procedures   are
14    necessary  to  safeguard  the  minor's life or health. If the
15    minor is covered under an existing medical  or  dental  plan,
16    the  county shall be reimbursed for the expenses incurred for
17    such services as if the minor  were  not  held  in  temporary
18    custody, detention, or shelter care.
19    (Source: P.A. 90-590, eff. 1-1-99.)

20        (705 ILCS 405/5-520)
21        Sec. 5-520.  Petition; supplemental petitions.
22        (1)  The  State's  Attorney may file, or the court on its
23    own motion may direct the filing through the State's Attorney
24    of, a petition in respect to a minor  under  this  Act.   The
25    petition and all subsequent court documents shall be entitled
26    "In the interest of ...., a minor".
27        (2)  The  petition  shall  be verified but the statements
28    may be made upon information and  belief.   It  shall  allege
29    that  the  minor  is  delinquent  and  set  forth  (a)  facts
30    sufficient  to  bring the minor under Section 5-120;  (b) the
31    name, age and residence of the  minor;   (c)  the  names  and
32    residences  of his parents; (d) the name and residence of his
 
                            -57-               LRB9111041WHmb
 1    or her guardian or legal custodian or the person  or  persons
 2    having  custody  or  control  of the minor, or of the nearest
 3    known relative if no parent, guardian or legal custodian  can
 4    be  found;   and  (e)  if  the  minor  upon  whose behalf the
 5    petition is brought is detained or sheltered in custody,  the
 6    date  on  which  detention or shelter care was ordered by the
 7    court or the  date  set  for  a  detention  or  shelter  care
 8    hearing.  If any of the facts required by this subsection (2)
 9    are not known by the petitioner, the petition shall so state.
10        (3)  The  petition must pray that the minor be adjudged a
11    ward of the court and may pray generally for relief available
12    under this Act.  The petition need not specify  any  proposed
13    disposition following adjudication of wardship.
14        (4)  At  any  time  before  dismissal  of the petition or
15    before final closing and discharge under Section  5-750,  one
16    or  more supplemental petitions may be filed (i) alleging new
17    offenses or (ii) alleging violations of orders entered by the
18    court in the delinquency proceeding.
19    (Source: P.A. 90-590, eff. 1-1-99.)

20        (705 ILCS 405/5-525)
21        Sec. 5-525.  Service.
22        (1)  Service by summons.
23             (a)  Upon  the   commencement   of   a   delinquency
24        prosecution, the clerk of the court shall issue a summons
25        with  a copy of the petition attached.  The summons shall
26        be directed to the  minor's  parent,  guardian  or  legal
27        custodian and to each person named as a respondent in the
28        petition, except that summons need not be directed (i) to
29        a  minor  respondent  under  8  years of age for whom the
30        court appoints a guardian ad litem  if  the  guardian  ad
31        litem  appears  on  behalf of the minor in any proceeding
32        under this Act, or (ii) to a parent who does  not  reside
33        with  the  minor,  does  not  make  regular child support
 
                            -58-               LRB9111041WHmb
 1        payments to the minor, to the minor's other parent, or to
 2        the minor's legal guardian or  custodian  pursuant  to  a
 3        support order, and has not communicated with the minor on
 4        a regular basis.
 5             (b)  The  summons  must contain a statement that the
 6        minor is entitled to have  an  attorney  present  at  the
 7        hearing  on the petition, and that the clerk of the court
 8        should be notified promptly if the minor  desires  to  be
 9        represented  by  an attorney but is financially unable to
10        employ counsel.
11             (c)  The summons shall be issued under the  seal  of
12        the  court,  attested  in and signed with the name of the
13        clerk of the court, dated on the day it  is  issued,  and
14        shall  require  each  respondent to appear and answer the
15        petition on the date set for the adjudicatory hearing.
16             (d)  The  summons  may  be   served   by   any   law
17        enforcement  officer,  coroner or probation officer, even
18        though the officer is the petitioner.  The return of  the
19        summons  with  endorsement  of  service by the officer is
20        sufficient proof of service.
21             (e)  Service of a summons and petition shall be made
22        by:  (i) leaving a copy of the summons and petition  with
23        the  person  summoned  at  least  3  days before the time
24        stated in the summons for  appearance;   (ii)  leaving  a
25        copy  at his or her usual place of abode with some person
26        of the family, of the age of 10  years  or  upwards,  and
27        informing  that person of the contents of the summons and
28        petition, provided, the officer or  other  person  making
29        service shall also send a copy of the summons in a sealed
30        envelope  with  postage  fully  prepaid, addressed to the
31        person summoned at his or her usual place  of  abode,  at
32        least  3  days  before the time stated in the summons for
33        appearance; or (iii) leaving a copy of  the  summons  and
34        petition  with  the  guardian or custodian of a minor, at
 
                            -59-               LRB9111041WHmb
 1        least 3 days before the time stated in  the  summons  for
 2        appearance.   If  the  guardian  or legal custodian is an
 3        agency of the State of Illinois, proper  service  may  be
 4        made  by  leaving a copy of the summons and petition with
 5        any administrative employee of the agency  designated  by
 6        the   agency   to  accept  the  service  of  summons  and
 7        petitions.  The certificate of the officer  or  affidavit
 8        of  the  person that he or she has sent the copy pursuant
 9        to this Section is sufficient proof of service.
10             (f)  When a parent or other person, who has signed a
11        written promise to appear and bring the minor to court or
12        who has waived or acknowledged service, fails  to  appear
13        with  the  minor  on  the  date set by the court, a bench
14        warrant may be issued for the parent or other person, the
15        minor, or both.
16        (2)  Service by certified mail or publication.
17             (a)  If  service  on  individuals  as  provided   in
18        subsection  (1)  is  not  made on any respondent within a
19        reasonable time or if  it  appears  that  any  respondent
20        resides  outside  the  State,  service  may  be  made  by
21        certified  mail.   In  that case the clerk shall mail the
22        summons and a copy of the petition to that respondent  by
23        certified  mail  marked  for  delivery to addressee only.
24        The court shall not proceed with the adjudicatory hearing
25        until 5 days  after  the  mailing.   The  regular  return
26        receipt   for  certified  mail  is  sufficient  proof  of
27        service.
28             (b)  If service  upon  individuals  as  provided  in
29        subsection  (1)  is not made on any respondents  within a
30        reasonable time or if any person  is  made  a  respondent
31        under the designation of "All Whom It May Concern", or if
32        service  cannot  be  made  because  the  whereabouts of a
33        respondent  are  unknown,  service   may   be   made   by
34        publication.   The clerk of the court as soon as possible
 
                            -60-               LRB9111041WHmb
 1        shall cause publication to be made once in a newspaper of
 2        general circulation in the county  where  the  action  is
 3        pending.   Service  by publication is not required in any
 4        case when the person alleged to have legal custody of the
 5        minor has been  served  with  summons  personally  or  by
 6        certified  mail, but the court may not enter any order or
 7        judgment against any person who  cannot  be  served  with
 8        process  other  than  by  publication  unless  service by
 9        publication is  given  or  unless  that  person  appears.
10        Failure   to   provide   service   by  publication  to  a
11        non-custodial parent whose whereabouts are unknown  shall
12        not  deprive  the court of jurisdiction to proceed with a
13        trial or a plea of delinquency  by  the  minor.   When  a
14        minor  has been detained or sheltered under Section 5-501
15        of this Act and summons has not been served personally or
16        by certified mail within 20 days from  the  date  of  the
17        order  of court directing such detention or shelter care,
18        the clerk of the court shall cause publication.   Service
19        by publication shall be substantially as follows:
20                  "A,  B,  C,  D,  (here  giving the names of the
21             named respondents, if any) and to All  Whom  It  May
22             Concern  (if  there  is  any  respondent  under that
23             designation):
24                  Take notice that on (insert  date)  a  petition
25             was  filed  under  the Juvenile Court Act of 1987 by
26             .... in the circuit court of  ....  county  entitled
27             'In the interest of ...., a minor', and that in ....
28             courtroom  at  ....  on (insert date) at the hour of
29             ...., or as soon thereafter as  this  cause  may  be
30             heard, an adjudicatory hearing will be held upon the
31             petition  to have the child declared to be a ward of
32             the court under that Act.  The court  has  authority
33             in  this proceeding to take from you the custody and
34             guardianship of the minor.
 
                            -61-               LRB9111041WHmb
 1                  Now, unless you appear at the hearing and  show
 2             cause  against  the petition, the allegations of the
 3             petition may stand admitted as against you and  each
 4             of you, and an order or judgment entered.
 5                  ........................................
 6                  Clerk
 7                  Dated (insert the date of publication)"
 8             (c)  The  clerk  shall  also  at  the  time  of  the
 9        publication  of  the  notice send a copy of the notice by
10        mail to each  of  the  respondents  on  account  of  whom
11        publication  is  made  at  his or her last known address.
12        The certificate of the clerk that he or  she  has  mailed
13        the  notice  is  evidence  of  that  mailing.   No  other
14        publication   notice   is   required.   Every  respondent
15        notified by publication under this  Section  must  appear
16        and  answer  in open court at the hearing.  The court may
17        not proceed with the adjudicatory hearing until  10  days
18        after  service  by  publication  on any custodial parent,
19        guardian or legal custodian of  a  minor  alleged  to  be
20        delinquent.
21             (d)  If  it becomes necessary to change the date set
22        for the hearing in order to  comply  with  this  Section,
23        notice  of  the  resetting  of the date must be given, by
24        certified  mail  or  other  reasonable  means,  to   each
25        respondent who has been served with summons personally or
26        by certified mail.
27             (3)  Once  jurisdiction  has been established over a
28        party, further service is not required and notice of  any
29        subsequent  proceedings in that prosecution shall be made
30        in accordance with provisions of Section 5-530.
31             (4)  The appearance of the minor's parent,  guardian
32        or  legal custodian, or a person named as a respondent in
33        a petition,  in  any  proceeding  under  this  Act  shall
34        constitute  a  waiver  of  service  and submission to the
 
                            -62-               LRB9111041WHmb
 1        jurisdiction of the court.  A copy of the petition  shall
 2        be  provided  to  the  person  at  the time of his or her
 3        appearance.
 4    (Source: P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.)

 5        (705 ILCS 405/5-530)
 6        Sec. 5-530.  Notice.
 7        (1)  A  party  presenting  a  supplemental   or   amended
 8    petition  or  motion  to  the  court  shall provide the other
 9    parties with a copy of any supplemental or amended  petition,
10    motion  or  accompanying  affidavit  not yet served upon that
11    party, and shall file proof of that  service,  in  accordance
12    with  subsections (2), (3), and (4) of this Section.  Written
13    notice of the date, time and place of the hearing,  shall  be
14    provided to all parties in accordance with local court rules.
15        (2) (a)  On  whom  made.  If a party is represented by an
16    attorney of record, service shall be made upon the  attorney.
17    Otherwise service shall be made upon the party.
18             (b)  Method. Papers shall be served as follows:
19                  (1)  by  delivering  them  to  the  attorney or
20             party personally;
21                  (2)  by leaving  them  in  the  office  of  the
22             attorney  with his or her clerk, or with a person in
23             charge  of  the  office;  or  if  a  party  is   not
24             represented  by  counsel,  by leaving them at his or
25             her residence with a family member of the age of  10
26             years or upwards;
27                  (3)  by  depositing  them  in the United States
28             post  office  or  post-office  box  enclosed  in  an
29             envelope, plainly addressed to the attorney  at  his
30             or  her  business address, or to the party at his or
31             her business  address  or  residence,  with  postage
32             fully pre-paid; or
33                  (4)  by transmitting them via facsimile machine
 
                            -63-               LRB9111041WHmb
 1             to  the  office  of  the  attorney or party, who has
 2             consented  to   receiving   service   by   facsimile
 3             transmission. Briefs filed in reviewing courts shall
 4             be served in accordance with Supreme Court Rule.
 5                       (i)  A party or attorney electing to serve
 6                  pleading  by  facsimile  must  include  on  the
 7                  certificate    of   service   transmitted   the
 8                  telephone  number  of  the  sender's  facsimile
 9                  transmitting  device.   Use   of   service   by
10                  facsimile shall be deemed consent by that party
11                  or  attorney  to  receive  service by facsimile
12                  transmission.  Any party may rescind consent of
13                  service by facsimile transmission in a case  by
14                  filing  with  the court and serving a notice on
15                  all parties or their attorneys who  have  filed
16                  appearances  that facsimile service will not be
17                  accepted. A party or attorney who has rescinded
18                  consent to service by facsimile transmission in
19                  a case may not serve another party or  attorney
20                  by facsimile transmission in that case.
21                       (ii)  Each  page  of notices and documents
22                  transmitted by facsimile pursuant to this  rule
23                  should bear the circuit court number, the title
24                  of the document, and the page number.
25             (c)  Multiple  parties  or  attorneys.   In cases in
26        which there are 2 or more minor-respondents who appear by
27        different attorneys, service on all papers shall be  made
28        on the attorney for each of the parties.  If one attorney
29        appears  for  several  parties,  he or she is entitled to
30        only one copy of any paper served upon him or her by  the
31        opposite side.  When more than one attorney appears for a
32        party, service of a copy upon one of them is sufficient.
33        (3)(a)  Filing.  When  service  of  a  paper is required,
34        proof of service shall be filed with the clerk.
 
                            -64-               LRB9111041WHmb
 1             (b)  Manner of Proof. Service is proved:
 2                  (i)  by written acknowledgement signed  by  the
 3             person served;
 4                  (ii)  in  case of service by personal delivery,
 5             by certificate of the attorney, or  affidavit  of  a
 6             person, other that an attorney, who made delivery;
 7                  (iii)  in   case   of   service   by  mail,  by
 8             certificate of  the  attorney,  or  affidavit  of  a
 9             person  other  than  the attorney, who deposited the
10             paper in the mail, stating the  time  and  place  of
11             mailing,  the complete address which appeared on the
12             envelope, and  the  fact  that  proper  postage  was
13             pre-paid; or
14                  (iv)  in   case   of   service   by   facsimile
15             transmission,  by  certificate  of  the  attorney or
16             affidavit of a person other than the  attorney,  who
17             transmitted the paper via facsimile machine, stating
18             the  time  and  place of transmission, the telephone
19             number to which the transmission was  sent  and  the
20             number of pages transmitted.
21             (c)  Effective  date  of service by mail. Service by
22        mail is complete 4 days after mailing.
23             (d)  Effective  date   of   service   by   facsimile
24        transmission. Service by facsimile machine is complete on
25        the first court day following transmission.
26    (Source: P.A. 90-590, eff. 1-1-99.)

27                            PART 6. TRIAL

28        (705 ILCS 405/5-601)
29        Sec. 5-601.  Trial.
30        (1)  When  a  petition  has  been filed alleging that the
31    minor is a delinquent, a trial must be held within  120  days
32    of  a  written  demand  for  such  hearing made by any party,
 
                            -65-               LRB9111041WHmb
 1    except that when the State, without  success,  has  exercised
 2    due  diligence  to  obtain  evidence material to the case and
 3    there are reasonable grounds to believe that the evidence may
 4    be obtained at a later date, the court may,  upon  motion  by
 5    the State, continue the trial for not more than 30 additional
 6    days.
 7        (2)  If  a  minor  respondent  has  multiple  delinquency
 8    petitions  pending  against him or her in the same county and
 9    simultaneously demands a trial upon more than one delinquency
10    petition pending against him or her in the same county, he or
11    she shall receive a trial or have a finding, after waiver  of
12    trial,  upon  at  least  one  such petition before expiration
13    relative to any  of  the  pending  petitions  of  the  period
14    described  by  this  Section.   All  remaining petitions thus
15    pending against the minor  respondent  shall  be  adjudicated
16    within  160 days from the date on which a finding relative to
17    the first petition prosecuted is rendered under Section 5-620
18    of this Article, or, if the trial upon the first petition  is
19    terminated  without  a  finding  and  there  is no subsequent
20    trial, or adjudication after waiver of trial,  on  the  first
21    petition  within a reasonable time, the minor shall receive a
22    trial upon all of the remaining  petitions  within  160  days
23    from  the date on which the trial, or finding after waiver of
24    trial, on the first petition is concluded.   If  either  such
25    period of 160 days expires without the commencement of trial,
26    or  adjudication  after  waiver  of  trial,  of  any  of  the
27    remaining  pending petitions, the petition or petitions shall
28    be dismissed and barred for want of  prosecution  unless  the
29    delay  is  occasioned by any of the reasons described in this
30    Section.
31        (3)  When no such trial is held within the time  required
32    by  subsections (1) and (2) of this Section, the court shall,
33    upon  motion  by  any  party,  dismiss  the   petition   with
34    prejudice.
 
                            -66-               LRB9111041WHmb
 1        (4)  Without  affecting  the applicability of the tolling
 2    and multiple prosecution provisions of  subsections  (8)  and
 3    (2)  of  this Section when a petition has been filed alleging
 4    that the minor is a delinquent and the minor is in  detention
 5    or  shelter  care, the trial shall be held within 30 calendar
 6    days after the date  of  the  order  directing  detention  or
 7    shelter  care,  or  the  earliest possible date in compliance
 8    with the provisions of Section  5-525  as  to  the  custodial
 9    parent,  guardian  or  legal  custodian, but no later than 45
10    calendar days from  the  date  of  the  order  of  the  court
11    directing  detention  or  shelter  care.   When  the petition
12    alleges the  minor  has  committed  an  offense  involving  a
13    controlled  substance  as  defined in the Illinois Controlled
14    Substances Act, the court may,  upon  motion  of  the  State,
15    continue  the  trial for receipt of a confirmatory laboratory
16    report for up  to  45  days  after  the  date  of  the  order
17    directing  detention  or  shelter  care.   When  the petition
18    alleges the minor committed  an  offense  that  involves  the
19    death   of,  great  bodily  harm  to  or  sexual  assault  or
20    aggravated criminal sexual abuse on a victim, the court  may,
21    upon  motion  of  the  State, continue the trial for not more
22    than 70 calendar days after the date of the  order  directing
23    detention or shelter care.
24        Any  failure  to  comply  with  the  time  limits of this
25    Section shall require the immediate release of the minor from
26    detention, and the time limits set forth in  subsections  (1)
27    and (2) shall apply.
28        (5)  If  the  court  determines  that  the State, without
29    success, has exercised due diligence to obtain the results of
30    DNA testing that is material to the case, and that there  are
31    reasonable  grounds  to  believe  that  the  results  may  be
32    obtained at a later date, the court may continue the cause on
33    application  of  the  State  for not more than 120 additional
34    days.  The court may also extend the period of  detention  of
 
                            -67-               LRB9111041WHmb
 1    the minor for not more than 120 additional days.
 2        (6)  If the State's Attorney makes a written request that
 3    a  proceeding be designated an extended juvenile jurisdiction
 4    prosecution, and the minor is in detention,  the  period  the
 5    minor  can  be  held in detention pursuant to subsection (4),
 6    shall be extended an  additional  30  days  after  the  court
 7    determines  whether  the  proceeding  will  be  designated an
 8    extended juvenile jurisdiction  prosecution  or  the  State's
 9    Attorney   withdraws   the   request  for  extended  juvenile
10    jurisdiction prosecution.
11        (7)  When the State's Attorney files a motion for  waiver
12    of  jurisdiction  pursuant to Section 5-805, and the minor is
13    in detention, the period the minor can be held  in  detention
14    pursuant  to  subsection (4), shall be extended an additional
15    30 days if the court denies motion for waiver of jurisdiction
16    or the State's Attorney withdraws the motion  for  waiver  of
17    jurisdiction.
18        (8)  The  period  in  which  a  trial  shall  be  held as
19    prescribed by subsections (1), (2), (3), (4),  (5),  (6),  or
20    (7) of this Section is tolled by: (i) delay occasioned by the
21    minor;  (ii)  a continuance allowed pursuant to Section 114-4
22    of the Code of Criminal Procedure of 1963 after  the  court's
23    determination  of  the minor's incapacity for trial; (iii) an
24    interlocutory appeal; (iv) an examination of fitness  ordered
25    pursuant  to Section 104-13 of the Code of Criminal Procedure
26    of 1963; (v) a fitness hearing; or (vi)  an  adjudication  of
27    unfitness  for  trial.   Any  such  delay  shall  temporarily
28    suspend, for the time of the delay, the period within which a
29    trial  must  be  held  as prescribed by subsections (1), (2),
30    (4), (5), and (6) of this Section.  On the day of  expiration
31    of the delays the period shall continue at the point at which
32    the time was suspended.
33        (9)  Nothing  in  this  Section prevents the minor or the
34    minor's parents, guardian or legal custodian from  exercising
 
                            -68-               LRB9111041WHmb
 1    their respective rights to waive the time limits set forth in
 2    this Section.
 3    (Source: P.A. 90-590, eff. 1-1-99.)

 4        (705 ILCS 405/5-605)
 5        Sec.  5-605.  Trials,  pleas, guilty but mentally ill and
 6    not guilty by reason of insanity.
 7        (1)  Method of trial.  All delinquency proceedings  shall
 8    be heard by the court except those proceedings under this Act
 9    where  the  right to trial by jury is specifically set forth.
10    At any time a minor may waive his or her right  to  trial  by
11    jury.
12        (2)  Pleas of guilty and guilty but mentally ill.
13             (a)  Before or during trial, a plea of guilty may be
14        accepted  when  the  court  has informed the minor of the
15        consequences of his  or  her  plea  and  of  the  maximum
16        penalty  provided  by  law  which  may  be  imposed  upon
17        acceptance  of  the  plea.  Upon  acceptance of a plea of
18        guilty, the court shall determine the factual basis of  a
19        plea.
20             (b)  Before  or  during  trial, a plea of guilty but
21        mentally ill may be accepted by the court when:
22                  (i)  the minor has undergone an examination  by
23             a  clinical  psychologist  or  psychiatrist  and has
24             waived his or her right to trial; and
25                  (ii)  the judge has examined the psychiatric or
26             psychological report or reports; and
27                  (iii)  the judge has held a hearing,  at  which
28             either  party  may present evidence, on the issue of
29             the minor's mental health and, at the conclusion  of
30             the  hearing,  is  satisfied that there is a factual
31             basis that the minor was mentally ill at the time of
32             the offense to which the plea is entered.
33        (3)  Trial by the court.
 
                            -69-               LRB9111041WHmb
 1             (a)  A trial shall be conducted in the  presence  of
 2        the  minor  unless  he  or  she  waives  the  right to be
 3        present.  At the trial,  the  court  shall  consider  the
 4        question  whether  the minor is delinquent.  The standard
 5        of proof and the rules  of  evidence  in  the  nature  of
 6        criminal proceedings in this State are applicable to that
 7        consideration.
 8             (b)  Upon  conclusion  of  the trial the court shall
 9        enter  a  general  finding,   except   that,   when   the
10        affirmative defense of insanity has been presented during
11        the  trial and acquittal is based solely upon the defense
12        of insanity, the court  shall  enter  a  finding  of  not
13        guilty  by reason of insanity.  In the event of a finding
14        of not guilty by reason of insanity, a hearing  shall  be
15        held  pursuant  to  the  Mental  Health and Developmental
16        Disabilities Code  to  determine  whether  the  minor  is
17        subject to involuntary admission.
18             (c)  When  the  minor  has  asserted  a  defense  of
19        insanity,  the  court  may  find  the  minor  guilty  but
20        mentally  ill if, after hearing all of the evidence,  the
21        court finds that:
22                  (i)  the State has proven beyond  a  reasonable
23             doubt  that  the  minor  is  guilty  of  the offense
24             charged; and
25                  (ii)  the minor has failed to prove his or  her
26             insanity  as  required  in subsection (b) of Section
27             3-2 of the Criminal Code of  1961,  and  subsections
28             (a), (b) and (e) of Section 6-2 of the Criminal Code
29             of 1961; and
30                  (iii)  the  minor has proven by a preponderance
31             of the evidence that he was mentally ill, as defined
32             in subsections (c) and (d) of  Section  6-2  of  the
33             Criminal Code of 1961 at the time of the offense.
34        (4)  Trial by court and jury.
 
                            -70-               LRB9111041WHmb
 1             (a)  Questions  of law shall be decided by the court
 2        and questions of fact by the jury.
 3             (b)  The jury shall consist of 12 members.
 4             (c)  Upon request the  parties  shall  be  furnished
 5        with a list of prospective jurors with their addresses if
 6        known.
 7             (d)  Each  party may challenge jurors for cause.  If
 8        a prospective juror has a physical impairment, the  court
 9        shall   consider   the  prospective  juror's  ability  to
10        perceive and appreciate the evidence when  considering  a
11        challenge for cause.
12             (e)  A   minor   tried  alone  shall  be  allowed  7
13        peremptory challenges; except that, in a single trial  of
14        more  than  one  minor,  each  minor  shall  be allowed 5
15        peremptory challenges.   If  several  charges  against  a
16        minor  or  minors  are consolidated for trial, each minor
17        shall be allowed peremptory challenges  upon  one  charge
18        only,  which  single  charge  shall be the charge against
19        that minor authorizing the greatest maximum penalty.  The
20        State shall be allowed  the  same  number  of  peremptory
21        challenges as all of the minors.
22             (f)  After  examination by the court, the jurors may
23        be  examined,  passed  upon,  accepted  and  tendered  by
24        opposing counsel as provided by Supreme Court Rules.
25             (g)  After the jury  is  impaneled  and  sworn,  the
26        court  may direct the selection of 2 alternate jurors who
27        shall take the same oath as  the  regular  jurors.   Each
28        party  shall have one additional peremptory challenge for
29        each alternate juror.  If before the final submission  of
30        a cause a member of the jury dies or is discharged, he or
31        she  shall be replaced by an alternate juror in the order
32        of selection.
33             (h)  A  trial  by  the  court  and  jury  shall   be
34        conducted  in  the presence of the minor unless he or she
 
                            -71-               LRB9111041WHmb
 1        waives the right to be present.
 2             (i)  After arguments  of  counsel  the  court  shall
 3        instruct the jury as to the law.
 4             (j)  Unless  the affirmative defense of insanity has
 5        been presented during the trial, the jury shall return  a
 6        general  verdict  as  to  each  offense charged. When the
 7        affirmative defense of insanity has been presented during
 8        the trial, the court shall provide the jury not only with
 9        general verdict forms but also  with  a  special  verdict
10        form  of  not  guilty  by  reason of insanity, as to each
11        offense  charged,  and  in  the  event  the  court  shall
12        separately instruct the jury that a  special  verdict  of
13        not  guilty by reason of insanity may be returned instead
14        of a general verdict but the special verdict  requires  a
15        unanimous  finding  by  the jury that the minor committed
16        the acts charged but at the time  of  the  commission  of
17        those  acts  the  minor  was  insane.   In the event of a
18        verdict of not guilty by reason of  insanity,  a  hearing
19        shall   be   held  pursuant  to  the  Mental  Health  and
20        Developmental Disabilities Code to determine whether  the
21        minor  is  subject  to  involuntary  admission.  When the
22        affirmative defense of insanity has been presented during
23        the trial, the court, where warranted  by  the  evidence,
24        shall  also  provide the jury with a special verdict form
25        of guilty but mentally ill, as to  each  offense  charged
26        and  shall  separately  instruct  the jury that a special
27        verdict of  guilty  but  mentally  ill  may  be  returned
28        instead  of  a  general  verdict,  but  that  the special
29        verdict requires a unanimous finding by  the  jury  that:
30        (i)  the  State has proven beyond a reasonable doubt that
31        the minor is guilty of the offense charged; and (ii)  the
32        minor has failed to prove his or her insanity as required
33        in  subsection (b) of Section 3-2 of the Criminal Code of
34        1961 and subsections (a), (b) and (e) of Section  6-2  of
 
                            -72-               LRB9111041WHmb
 1        the Criminal Code of 1961; and (iii) the minor has proven
 2        by  a  preponderance  of  the evidence that he or she was
 3        mentally ill, as defined in subsections (c)  and  (d)  of
 4        Section  6-2  of the Criminal Code of 1961 at the time of
 5        the offense.
 6             (k)  When, at the close of the State's  evidence  or
 7        at  the  close  of  all  of the evidence, the evidence is
 8        insufficient to support a finding or  verdict  of  guilty
 9        the  court  may  and  on motion of the minor shall make a
10        finding or direct the jury to return  a  verdict  of  not
11        guilty,  enter  a judgment of acquittal and discharge the
12        minor.
13             (l)  When the jury retires to consider its  verdict,
14        an  officer  of the court shall be appointed to keep them
15        together and to prevent conversation between  the  jurors
16        and  others;  however, if any juror is deaf, the jury may
17        be  accompanied   by   and   may   communicate   with   a
18        court-appointed  interpreter  during  its  deliberations.
19        Upon  agreement between the State and minor or his or her
20        counsel, and the parties waive polling of the  jury,  the
21        jury may seal and deliver its verdict to the clerk of the
22        court,  separate,  and  then  return  the verdict in open
23        court at its next session.
24             (m)  In a trial, any juror who  is  a  member  of  a
25        panel  or  jury  which  has been impaneled and sworn as a
26        panel or as a jury shall be permitted  to  separate  from
27        other  jurors  during  every  period  of adjournment to a
28        later day, until final submission of  the  cause  to  the
29        jury  for  determination,  except that no such separation
30        shall be permitted in any trial  after  the  court,  upon
31        motion  by the minor or the State or upon its own motion,
32        finds a probability that prejudice to the minor or to the
33        State will result from the separation.
34             (n)  The members of the jury shall  be  entitled  to
 
                            -73-               LRB9111041WHmb
 1        take  notes  during  the  trial,  and  the sheriff of the
 2        county in which the jury is sitting  shall  provide  them
 3        with writing materials for this purpose.  The notes shall
 4        remain  confidential,  and  shall  be  destroyed  by  the
 5        sheriff after the verdict has been returned or a mistrial
 6        declared.
 7             (o)  A  minor tried by the court and jury shall only
 8        be found guilty, guilty but mentally ill, not  guilty  or
 9        not  guilty  by  reason  of  insanity, upon the unanimous
10        verdict of the jury.
11    (Source: P.A. 90-590, eff. 1-1-99.)

12        (705 ILCS 405/5-610)
13        Sec.  5-610.  Guardian  ad  litem  and   appointment   of
14    attorney.
15        (1)  The  court  may  appoint a guardian ad litem for the
16    minor whenever it finds that  there  may  be  a  conflict  of
17    interest between the minor and his or her parent, guardian or
18    legal  custodian  or  that  it  is  otherwise  in the minor's
19    interest to do so.
20        (2)  Unless the guardian ad litem is an attorney,  he  or
21    she shall be represented by counsel.
22        (3)  The reasonable fees of a guardian ad litem appointed
23    under this Section shall be fixed by the court and charged to
24    the parents of the minor, to the extent they are able to pay.
25    If  the  parents  are unable to pay those fees, they shall be
26    paid from the general fund of the county.
27        (4)  If,  during  the  court  proceedings,  the  parents,
28    guardian, or legal custodian prove that  he  or  she  has  an
29    actual   conflict   of   interest  with  the  minor  in  that
30    delinquency proceeding and that  the  parents,  guardian,  or
31    legal  custodian  are  indigent,  the  court  shall appoint a
32    separate  attorney  for  that  parent,  guardian,  or   legal
33    custodian.
 
                            -74-               LRB9111041WHmb
 1    (Source: P.A. 90-590, eff. 1-1-99.)

 2        (705 ILCS 405/5-615)
 3        Sec. 5-615.  Continuance under supervision.
 4        (1)  The  court  may  enter an order of continuance under
 5    supervision for an offense other than first degree murder,  a
 6    Class  X felony or a forcible felony (a) upon an admission or
 7    stipulation by the appropriate respondent or minor respondent
 8    of the facts supporting the petition and before proceeding to
 9    adjudication, or after hearing the evidence at the trial, and
10    (b) in the absence of objection made in  open  court  by  the
11    minor,  his  or her parent, guardian, or legal custodian, the
12    minor's attorney or the State's Attorney.
13        (2)  If the minor, his or her parent, guardian, or  legal
14    custodian,  the  minor's attorney or State's Attorney objects
15    in open court to any continuance and insists upon  proceeding
16    to findings and adjudication, the court shall so proceed.
17        (3)  Nothing  in  this  Section  limits  the power of the
18    court  to  order  a  continuance  of  the  hearing  for   the
19    production  of  additional  evidence  or for any other proper
20    reason.
21        (4)  When a hearing where a minor  is  alleged  to  be  a
22    delinquent  is continued pursuant to this Section, the period
23    of continuance under supervision may not  exceed  24  months.
24    The  court  may  terminate a continuance under supervision at
25    any time if warranted by the conduct of  the  minor  and  the
26    ends of justice.
27        (5)  When  a  hearing  where  a  minor  is  alleged to be
28    delinquent is continued pursuant to this Section,  the  court
29    may,  as  conditions  of  the  continuance under supervision,
30    require the minor to do any of the following:
31             (a)  not  violate  any  criminal  statute   of   any
32        jurisdiction;
33             (b)  make  a  report  to and appear in person before
 
                            -75-               LRB9111041WHmb
 1        any person or agency as directed by the court;
 2             (c)  work or pursue a course of study or  vocational
 3        training;
 4             (d)  undergo  medical or psychotherapeutic treatment
 5        rendered by a therapist licensed under the provisions  of
 6        the   Medical   Practice   Act  of  1987,   the  Clinical
 7        Psychologist Licensing Act, or the Clinical  Social  Work
 8        and  Social  Work  Practice Act, or an entity licensed by
 9        the Department of Human Services as a  successor  to  the
10        Department  of  Alcoholism  and  Substance Abuse, for the
11        provision of drug addiction and alcoholism treatment;
12             (e)  attend or reside in a facility established  for
13        the instruction or residence of persons on probation;
14             (f)  support his or her dependents, if any;
15             (g)  pay costs;
16             (h)  refrain  from  possessing  a  firearm  or other
17        dangerous weapon, or an automobile;
18             (i)  permit the probation officer to  visit  him  or
19        her at his or her home or elsewhere;
20             (j)  reside  with  his or her parents or in a foster
21        home;
22             (k)  attend school;
23             (l)  attend a non-residential program for youth;
24             (m)  contribute to his or her own support at home or
25        in a foster home;
26             (n)  perform some  reasonable  public  or  community
27        service;
28             (o)  make  restitution  to  the  victim, in the same
29        manner and under  the  same  conditions  as  provided  in
30        subsection   (4)   of  Section  5-710,  except  that  the
31        "sentencing hearing" referred to in that Section shall be
32        the adjudicatory hearing for purposes of this Section;
33             (p)  comply with curfew requirements  as  designated
34        by the court;
 
                            -76-               LRB9111041WHmb
 1             (q)  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,  and  advance  approval  by  a
 6        probation officer;
 7             (r)  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             (r-5)  undergo a medical or other procedure to  have
12        a  tattoo symbolizing allegiance to a street gang removed
13        from his or her body;
14             (s)  refrain from having in  his  or  her  body  the
15        presence  of  any illicit drug prohibited by the Cannabis
16        Control Act or the Illinois  Controlled  Substances  Act,
17        unless  prescribed  by a physician, and submit samples of
18        his or her blood or urine or both for tests to  determine
19        the presence of any illicit drug;  or
20             (t)  comply  with  any  other  conditions  as may be
21        ordered by the court.
22        (6)  A minor whose case is  continued  under  supervision
23    under  subsection  (5)  shall  be given a certificate setting
24    forth the conditions imposed by the court.  Those  conditions
25    may  be reduced, enlarged, or modified by the court on motion
26    of the probation officer or on its own motion, or that of the
27    State's Attorney, or, at  the  request  of  the  minor  after
28    notice and hearing.
29        (7)  If  a  petition  is  filed charging a violation of a
30    condition of the continuance  under  supervision,  the  court
31    shall conduct a hearing.  If the court finds that a condition
32    of  supervision has not been fulfilled, the court may proceed
33    to findings and adjudication and disposition.  The filing  of
34    a  petition  for  violation of a condition of the continuance
 
                            -77-               LRB9111041WHmb
 1    under supervision shall toll the period of continuance  under
 2    supervision  until the final determination of the charge, and
 3    the term of the continuance under supervision shall  not  run
 4    until  the  hearing  and  disposition  of  the  petition  for
 5    violation;   provided where the petition alleges conduct that
 6    does not constitute a criminal offense, the hearing  must  be
 7    held  within  30  days of the filing of the petition unless a
 8    delay shall continue the tolling of the period of continuance
 9    under supervision for the period of the delay.
10        (8)  When a hearing in which a minor is alleged to  be  a
11    delinquent  for  reasons  that include a violation of Section
12    21-1.3 of the Criminal Code of 1961 is continued  under  this
13    Section,  the  court shall, as a condition of the continuance
14    under supervision, require the  minor  to  perform  community
15    service  for not less than 30 and not more than 120 hours, if
16    community service is  available  in  the  jurisdiction.   The
17    community  service shall include, but need not be limited to,
18    the cleanup and repair of the damage that was caused  by  the
19    alleged  violation  or  similar damage to property located in
20    the municipality or county in  which  the  alleged  violation
21    occurred.   The  condition  may  be  in addition to any other
22    condition.
23        (9)  When a hearing in which a minor is alleged to  be  a
24    delinquent is continued under this Section, the court, before
25    continuing the case, shall make a finding whether the offense
26    alleged to have been committed either:  (i) was related to or
27    in  furtherance of the activities of an organized gang or was
28    motivated by the minor's membership in or  allegiance  to  an
29    organized  gang,  or (ii) is a violation of paragraph (13) of
30    subsection (a) of Section 12-2 of the Criminal Code of  1961,
31    a violation of any Section of Article 24 of the Criminal Code
32    of  1961,  or  a  violation  of any statute that involved the
33    unlawful use of a  firearm.   If  the  court  determines  the
34    question  in  the affirmative the court shall, as a condition
 
                            -78-               LRB9111041WHmb
 1    of the continuance under supervision and as  part  of  or  in
 2    addition  to  any other condition of the supervision, require
 3    the minor to perform community service for not less  than  30
 4    hours,  provided  that  community service is available in the
 5    jurisdiction and is funded and approved by the  county  board
 6    of the county where the offense was committed.  The community
 7    service  shall  include,  but  need  not  be  limited to, the
 8    cleanup and  repair  of  any  damage  caused  by  an  alleged
 9    violation  of Section 21-1.3 of the Criminal Code of 1961 and
10    similar damage to property located  in  the  municipality  or
11    county   in  which  the  alleged  violation  occurred.   When
12    possible and  reasonable,  the  community  service  shall  be
13    performed  in  the minor's neighborhood.  For the purposes of
14    this Section, "organized gang" has the meaning ascribed to it
15    in Section 10 of the Illinois  Streetgang  Terrorism  Omnibus
16    Prevention Act.
17        (10)  The  court  shall  impose  upon  a  minor placed on
18    supervision, as a condition of the supervision, a fee of  $25
19    for  each  month  of supervision ordered by the court, unless
20    after determining  the  inability  of  the  minor  placed  on
21    supervision  to  pay  the  fee,  the  court assesses a lesser
22    amount.  The court may not impose the fee on a minor  who  is
23    made a ward of the State under this Act while the minor is in
24    placement.  The fee shall be imposed only upon a minor who is
25    actively  supervised  by  the  probation  and  court services
26    department.  A court may order the parent, guardian, or legal
27    custodian of the minor to pay some or all of the fee  on  the
28    minor's behalf.
29    (Source:  P.A.  90-590,  eff.  1-1-99;  91-98;  eff.  1-1-00;
30    91-332, eff. 7-29-99; revised 10-7-99.)

31        (705 ILCS 405/5-620)
32        Sec.   5-620.  Findings.  After hearing the evidence, the
33    court shall make and note in the minutes of the proceeding  a
 
                            -79-               LRB9111041WHmb
 1    finding  of  whether or not the minor is guilty.  If it finds
 2    that the minor is not  guilty,  the  court  shall  order  the
 3    petition   dismissed   and  the  minor  discharged  from  any
 4    detention  or  restriction   previously   ordered   in   such
 5    proceeding.  If the court finds that the minor is guilty, the
 6    court  shall  then  set a time for a sentencing hearing to be
 7    conducted under Section 5-705  at  which  hearing  the  court
 8    shall  determine  whether  it is in the best interests of the
 9    minor and the public that he or she be made  a  ward  of  the
10    court.   To  assist  the  court  in  making  this  and  other
11    determinations at the sentencing hearing, the court may order
12    that an investigation be conducted and a social investigation
13    report be prepared.
14    (Source: P.A. 90-590, eff. 1-1-99.)

15        (705 ILCS 405/5-625)
16        Sec. 5-625.  Absence of minor.
17        (1)  When  a  minor  after  arrest  and  an initial court
18    appearance for a felony, fails to appear for  trial,  at  the
19    request  of  the  State and after the State has affirmatively
20    proven  through  substantial  evidence  that  the  minor   is
21    willfully avoiding trial, the court may commence trial in the
22    absence  of  the minor.  The absent minor must be represented
23    by retained or appointed counsel.  If  trial  had  previously
24    commenced  in  the  presence  of  the  minor  and  the  minor
25    willfully  absents  himself  for 2 successive court days, the
26    court  shall  proceed  to  trial.   All   procedural   rights
27    guaranteed by the United States Constitution, Constitution of
28    the State of Illinois, statutes of the State of Illinois, and
29    rules  of court shall apply to the proceedings the same as if
30    the minor were present in court.  The court may set the  case
31    for a trial which may be conducted under this Section despite
32    the  failure  of  the minor to appear at the hearing at which
33    the trial date is set.  When the trial date is set the  clerk
 
                            -80-               LRB9111041WHmb
 1    shall send to the minor, by certified mail at his or her last
 2    known  address, notice of the new date which has been set for
 3    trial.  The notification shall be required when the minor was
 4    not personally present in open court at  the  time  when  the
 5    case was set for trial.
 6        (2)  The  absence  of  the  minor  from a trial conducted
 7    under this Section does not operate as a  bar  to  concluding
 8    the  trial,  to a finding of guilty resulting from the trial,
 9    or to a final disposition of the trial in favor of the minor.
10        (3)  Upon a finding or verdict of not  guilty  the  court
11    shall enter finding for the minor.  Upon a finding or verdict
12    of  guilty,  the  court  shall  set a date for the hearing of
13    post-trial motions and shall hear the motion in  the  absence
14    of  the  minor.   If post-trial motions are denied, the court
15    shall proceed to conduct a sentencing hearing and to impose a
16    sentence upon the minor.  A social investigation is waived if
17    the minor is absent.
18        (4)  A minor who is absent for part of the proceedings of
19    trial, post-trial motions, or sentencing,  does  not  thereby
20    forfeit  his  or  her  right  to  be present at all remaining
21    proceedings.
22        (5)  When a minor who in his  or  her  absence  has  been
23    either  found  guilty  or  sentenced or both found guilty and
24    sentenced appears before the court, he or she must be granted
25    a new trial or a new sentencing  hearing  if  the  minor  can
26    establish that his or her failure to appear in court was both
27    without  his or her fault and due to circumstances beyond his
28    or her  control.   A  hearing  with  notice  to  the  State's
29    Attorney  on  the  minors  request  for  a new trial or a new
30    sentencing hearing must be held before any such  request  may
31    be granted.  At any such hearing both the minor and the State
32    may present evidence.
33        (6)  If  the  court grants only the minor's request for a
34    new sentencing hearing, then a new sentencing  hearing  shall
 
                            -81-               LRB9111041WHmb
 1    be held in accordance with the provisions of this Article. At
 2    any  such  hearing,  both  the  minor and the State may offer
 3    evidence of the minor's conduct during his or her  period  of
 4    absence  from  the  court.  The court may impose any sentence
 5    authorized by this Article and in the  case  of  an  extended
 6    juvenile   jurisdiction   prosecution  the  Unified  Code  of
 7    Corrections and is not in any way limited  or  restricted  by
 8    any sentence previously imposed.
 9        (7)  A  minor whose motion under subsection (5) for a new
10    trial or new sentencing hearing has been denied  may  file  a
11    notice of appeal from the denial. The notice may also include
12    a  request for review of the finding and sentence not vacated
13    by the trial court.
14    (Source: P.A. 90-590, eff. 1-1-99.)

15             PART 7. PROCEEDINGS AFTER TRIAL, SENTENCING

16        (705 ILCS 405/5-701)
17        Sec. 5-701.  Social investigation report. Upon the  order
18    of the court, a social investigation report shall be prepared
19    and  delivered  to  the  parties at least 3 days prior to the
20    sentencing   hearing.    The   written   report   of   social
21    investigation shall include an investigation  and  report  of
22    the minor's physical and mental history and condition, family
23    situation   and   background,   economic  status,  education,
24    occupation, personal habits, minor's history  of  delinquency
25    or  criminality  or  other matters which have been brought to
26    the  attention  of  the  juvenile  court,  information  about
27    special resources known to the person  preparing  the  report
28    which   might   be   available   to  assist  in  the  minor's
29    rehabilitation, and any other matters which may be helpful to
30    the court or which the court directs to be included.
31    (Source: P.A. 90-590, eff. 1-1-99.)
 
                            -82-               LRB9111041WHmb
 1        (705 ILCS 405/5-705)
 2        Sec. 5-705.  Sentencing hearing; evidence; continuance.
 3        (1)  At the sentencing hearing, the court shall determine
 4    whether it is in the best  interests  of  the  minor  or  the
 5    public that he or she be made a ward of the court, and, if he
 6    or  she  is  to  be made a ward of the court, the court shall
 7    determine the proper disposition best serving  the  interests
 8    of  the  minor  and  the  public.  All  evidence  helpful  in
 9    determining  these  questions,  including  oral  and  written
10    reports, may be admitted and may be relied upon to the extent
11    of  its  probative  value,  even though not competent for the
12    purposes of the trial.  A record of a prior continuance under
13    supervision  under  Section   5-615,   whether   successfully
14    completed  or  not,  is admissible at the sentencing hearing.
15    No order of commitment  to  the  Department  of  Corrections,
16    Juvenile  Division, shall be entered against a minor before a
17    written  report  of  social  investigation,  which  has  been
18    completed within the previous 60 days, is  presented  to  and
19    considered by the court.
20        (2)  Once  a  party  has  been  served in compliance with
21    Section 5-525, no further service or notice must be given  to
22    that  party  prior  to  proceeding  to  a sentencing hearing.
23    Before imposing sentence the court shall advise  the  State's
24    Attorney  and the parties who are present or their counsel of
25    the factual contents  and  the  conclusions  of  the  reports
26    prepared  for  the use of the court and considered by it, and
27    afford fair opportunity, if requested,  to  controvert  them.
28    Factual   contents,   conclusions,   documents   and  sources
29    disclosed by the court under  this  paragraph  shall  not  be
30    further disclosed without the express approval of the court.
31        (3)  On its own motion or that of the State's Attorney, a
32    parent,  guardian, legal custodian, or counsel, the court may
33    adjourn the  hearing  for  a  reasonable  period  to  receive
34    reports  or  other evidence and, in such event, shall make an
 
                            -83-               LRB9111041WHmb
 1    appropriate order for detention of the minor or  his  or  her
 2    release  from  detention  subject to supervision by the court
 3    during the period of the continuance.  In the event the court
 4    shall  order  detention  hereunder,   the   period   of   the
 5    continuance  shall  not  exceed 30 court days.  At the end of
 6    such time, the court shall release the minor  from  detention
 7    unless  notice is served at least 3 days prior to the hearing
 8    on the continued date that  the  State  will  be  seeking  an
 9    extension  of  the  period  of  detention, which notice shall
10    state the reason for the  request  for  the  extension.   The
11    extension  of  detention  may  be  for a maximum period of an
12    additional 15 court days or a lesser number of  days  at  the
13    discretion  of  the court.  However, at the expiration of the
14    period of extension, the court shall release the  minor  from
15    detention if a further continuance is granted.  In scheduling
16    investigations and hearings, the court shall give priority to
17    proceedings in which a minor is in detention or has otherwise
18    been  removed  from his or her home before a sentencing order
19    has been made.
20        (4)  When commitment to the  Department  of  Corrections,
21    Juvenile  Division,  is  ordered,  the  court shall state the
22    basis for selecting the particular disposition, and the court
23    shall prepare such a statement for inclusion in the record.
24    (Source: P.A. 90-590, eff. 1-1-99.)

25        (705 ILCS 405/5-710)
26        Sec. 5-710.  Kinds of sentencing orders.
27        (1)  The following kinds of sentencing orders may be made
28    in respect of wards of the court:
29             (a)  Except as provided in  Sections  5-805,  5-810,
30        5-815,  a  minor  who is found guilty under Section 5-620
31        may be:
32                  (i)  put on probation or conditional  discharge
33             and  released  to  his  or  her parents, guardian or
 
                            -84-               LRB9111041WHmb
 1             legal custodian, provided, however,  that  any  such
 2             minor  who  is  not  committed  to the Department of
 3             Corrections, Juvenile Division under this subsection
 4             and who is found to be a delinquent for  an  offense
 5             which is first degree murder, a Class X felony, or a
 6             forcible felony shall be placed on probation;
 7                  (ii)  placed  in accordance with Section 5-740,
 8             with or without  also  being  put  on  probation  or
 9             conditional discharge;
10                  (iii)  required  to  undergo  a substance abuse
11             assessment conducted  by  a  licensed  provider  and
12             participate in the indicated clinical level of care;
13                  (iv)  placed   in   the   guardianship  of  the
14             Department of Children and Family Services, but only
15             if the delinquent minor is under 13 years of age;
16                  (v)  placed in detention for a  period  not  to
17             exceed  30  days,  either  as the exclusive order of
18             disposition or, where  appropriate,  in  conjunction
19             with  any  other  order  of disposition issued under
20             this paragraph, provided  that  any  such  detention
21             shall  be in a juvenile detention home and the minor
22             so detained shall be  10  years  of  age  or  older.
23             However,  the  30-day  limitation may be extended by
24             further order of the court for a minor under age  13
25             committed  to  the Department of Children and Family
26             Services if the court finds  that  the  minor  is  a
27             danger  to  himself  or  others.  The minor shall be
28             given credit on the sentencing  order  of  detention
29             for  time  spent  in detention under Sections 5-501,
30             5-601, 5-710, or 5-720 of this Article as  a  result
31             of  the  offense  for which the sentencing order was
32             imposed. The court may grant credit on a  sentencing
33             order  of  detention  entered  under  a violation of
34             probation  or  violation  of  conditional  discharge
 
                            -85-               LRB9111041WHmb
 1             under Section 5-720 of this Article for  time  spent
 2             in  detention  before  the  filing  of  the petition
 3             alleging  the  violation.   A  minor  shall  not  be
 4             deprived of  credit  for  time  spent  in  detention
 5             before  the  filing  of  a violation of probation or
 6             conditional discharge alleging the same  or  related
 7             act or acts;
 8                  (vi)  ordered     partially    or    completely
 9             emancipated in accordance with the provisions of the
10             Emancipation of Mature Minors Act;
11                  (vii)  subject to having his  or  her  driver's
12             license  or  driving  privileges  suspended for such
13             time as determined by the court but only until he or
14             she attains 18 years of age;
15                  (viii)  put   on   probation   or   conditional
16             discharge and  placed  in  detention  under  Section
17             3-6039  of  the  Counties  Code  for a period not to
18             exceed the period of incarceration permitted by  law
19             for  adults  found  guilty  of  the  same offense or
20             offenses  for  which  the  minor   was   adjudicated
21             delinquent,  and  in  any  event no longer than upon
22             attainment  of  age  21;  this  subdivision   (viii)
23             notwithstanding  any  contrary provision of the law;
24             or
25                  (ix)  ordered to undergo  a  medical  or  other
26             procedure to have a tattoo symbolizing allegiance to
27             a street gang removed from his or her body.
28             (b)  A  minor found to be guilty may be committed to
29        the Department of Corrections, Juvenile  Division,  under
30        Section  5-750  if the minor is 13 years of age or older,
31        provided  that  the  commitment  to  the  Department   of
32        Corrections,  Juvenile  Division, shall be made only if a
33        term of incarceration is  permitted  by  law  for  adults
34        found  guilty  of  the  offense  for  which the minor was
 
                            -86-               LRB9111041WHmb
 1        adjudicated delinquent.  The time during which a minor is
 2        in custody before being released upon the  request  of  a
 3        parent,  guardian  or legal custodian shall be considered
 4        as time spent in detention.
 5             (c)  When a minor is  found  to  be  guilty  for  an
 6        offense  which  is a violation of the Illinois Controlled
 7        Substances Act or the Cannabis Control Act   and  made  a
 8        ward  of  the  court,  the  court may enter a disposition
 9        order  requiring  the  minor   to   undergo   assessment,
10        counseling  or  treatment  in  a  substance abuse program
11        approved by the Department of Human Services.
12        (2)  Any sentencing order other than  commitment  to  the
13    Department of Corrections, Juvenile Division, may provide for
14    protective supervision under Section 5-725 and may include an
15    order of protection under Section 5-730.
16        (3)  Unless  the  sentencing order expressly so provides,
17    it does not operate  to  close  proceedings  on  the  pending
18    petition,  but is subject to modification until final closing
19    and discharge of the proceedings under Section 5-750.
20        (4)  In addition to any other  sentence,  the  court  may
21    order  any  minor found to be delinquent to make restitution,
22    in  monetary  or  non-monetary  form,  under  the  terms  and
23    conditions  of  Section  5-5-6  of  the   Unified   Code   of
24    Corrections, except that the "presentencing hearing" referred
25    to  in  that  Section  shall  be  the  sentencing hearing for
26    purposes of this Section.   The  parent,  guardian  or  legal
27    custodian  of  the  minor  may be ordered by the court to pay
28    some or  all  of  the  restitution  on  the  minor's  behalf,
29    pursuant  to  the  Parental Responsibility Law.   The State's
30    Attorney is authorized to act on  behalf  of  any  victim  in
31    seeking  restitution in proceedings under this Section, up to
32    the maximum amount allowed  in  Section  5  of  the  Parental
33    Responsibility Law.
34        (5)  Any sentencing order where the minor is committed or
 
                            -87-               LRB9111041WHmb
 1    placed in accordance with Section 5-740 shall provide for the
 2    parents  or guardian of the estate of the minor to pay to the
 3    legal custodian or guardian of the person of the  minor  such
 4    sums  as  are  determined by the custodian or guardian of the
 5    person of the minor as necessary for the minor's needs.   The
 6    payments  may  not exceed the maximum amounts provided for by
 7    Section 9.1 of the Children and Family Services Act.
 8        (6)  Whenever the sentencing order requires the minor  to
 9    attend  school  or  participate in a program of training, the
10    truant officer or designated school official shall  regularly
11    report  to  the  court  if the minor is a chronic or habitual
12    truant under Section 26-2a of the School Code.
13        (7)  In no event shall a guilty minor be committed to the
14    Department of Corrections, Juvenile Division for a period  of
15    time  in  excess  of  that period for which an adult could be
16    committed for the same act.
17        (8)  A minor found to be guilty for reasons that  include
18    a  violation  of  Section 21-1.3 of the Criminal Code of 1961
19    shall be ordered to perform community service  for  not  less
20    than  30 and not more than 120 hours, if community service is
21    available in the jurisdiction.  The community  service  shall
22    include,  but  need not be limited to, the cleanup and repair
23    of the damage that was caused by  the  violation  or  similar
24    damage  to  property located in the municipality or county in
25    which the violation occurred.  The order may be  in  addition
26    to any other order authorized by this Section.
27        (9)  In addition to any other sentencing order, the court
28    shall  order  any  minor  found to be guilty for an act which
29    would constitute, predatory  criminal  sexual  assault  of  a
30    child,  aggravated  criminal  sexual assault, criminal sexual
31    assault, aggravated criminal sexual abuse, or criminal sexual
32    abuse if committed by an adult to undergo medical testing  to
33    determine    whether   the   defendant   has   any   sexually
34    transmissible disease including a  test  for  infection  with
 
                            -88-               LRB9111041WHmb
 1    human  immunodeficiency  virus  (HIV) or any other identified
 2    causative  agency  of  acquired   immunodeficiency   syndrome
 3    (AIDS).    Any  medical  test  shall  be  performed  only  by
 4    appropriately licensed medical practitioners and may  include
 5    an analysis of any bodily fluids as well as an examination of
 6    the  minor's person. Except as otherwise provided by law, the
 7    results of the test shall be kept  strictly  confidential  by
 8    all  medical  personnel  involved  in the testing and must be
 9    personally delivered in a sealed envelope to the judge of the
10    court in which the  sentencing  order  was  entered  for  the
11    judge's  inspection in camera.  Acting in accordance with the
12    best interests of the victim and the public, the judge  shall
13    have  the  discretion to determine to whom the results of the
14    testing may be revealed.  The court shall notify the minor of
15    the  results  of  the  test  for  infection  with  the  human
16    immunodeficiency virus (HIV).  The court  shall  also  notify
17    the  victim  if requested by the victim, and if the victim is
18    under the age of 15 and if requested by the victim's  parents
19    or  legal  guardian,  the  court  shall  notify  the victim's
20    parents or the legal guardian, of the results of the test for
21    infection with the human immunodeficiency virus  (HIV).   The
22    court  shall  provide  information on the availability of HIV
23    testing and counseling at the  Department  of  Public  Health
24    facilities  to all parties to whom the results of the testing
25    are revealed.  The court shall order that  the  cost  of  any
26    test  shall  be  paid by the county and may be taxed as costs
27    against the minor.
28        (10)  When a court finds a minor to be guilty  the  court
29    shall, before entering a sentencing order under this Section,
30    make a finding whether the offense committed either:  (a) was
31    related to or in furtherance of the criminal activities of an
32    organized  gang or was motivated by the minor's membership in
33    or allegiance  to  an  organized  gang,  or  (b)  involved  a
34    violation of subsection (a) of Section 12-7.1 of the Criminal
 
                            -89-               LRB9111041WHmb
 1    Code of 1961, a violation of any Section of Article 24 of the
 2    Criminal  Code  of  1961,  or a violation of any statute that
 3    involved the  wrongful  use  of  a  firearm.   If  the  court
 4    determines  the  question  in  the affirmative, and the court
 5    does not commit the minor to the Department  of  Corrections,
 6    Juvenile Division, the court shall order the minor to perform
 7    community  service  for  not less than 30 hours nor more than
 8    120 hours, provided that community service  is  available  in
 9    the  jurisdiction  and  is  funded and approved by the county
10    board of the county where the  offense  was  committed.   The
11    community  service shall include, but need not be limited to,
12    the cleanup and repair of any damage caused by a violation of
13    Section 21-1.3 of the  Criminal  Code  of  1961  and  similar
14    damage  to  property located in the municipality or county in
15    which the violation occurred.  When possible and  reasonable,
16    the  community  service  shall  be  performed  in the minor's
17    neighborhood.  This order shall be in addition to  any  other
18    order authorized by this Section except for an order to place
19    the  minor  in  the custody of the Department of Corrections,
20    Juvenile  Division.   For  the  purposes  of  this   Section,
21    "organized gang" has the meaning ascribed to it in Section 10
22    of the Illinois Streetgang Terrorism Omnibus Prevention Act.
23    (Source: P.A. 90-590, eff. 1-1-99; 91-98, eff. 1-1-00.)

24        (705 ILCS 405/5-715)
25        Sec. 5-715.  Probation.
26        (1)  The  period  of  probation  or conditional discharge
27    shall not exceed 5 years or until the minor has attained  the
28    age  of  21  years,  whichever is less, except as provided in
29    this Section for a minor who is found to  be  guilty  for  an
30    offense  which  is first degree murder, a Class X felony or a
31    forcible felony.  The juvenile court may terminate  probation
32    or  conditional discharge and discharge the minor at any time
33    if warranted by the conduct of the  minor  and  the  ends  of
 
                            -90-               LRB9111041WHmb
 1    justice;  provided, however, that the period of probation for
 2    a  minor  who  is  found to be guilty for an offense which is
 3    first degree murder, a Class X felony, or a  forcible  felony
 4    shall be at least 5 years.
 5        (2)  The  court  may  as  a  condition of probation or of
 6    conditional discharge require that the minor:
 7             (a)  not  violate  any  criminal  statute   of   any
 8        jurisdiction;
 9             (b)  make  a  report  to and appear in person before
10        any person or agency as directed by the court;
11             (c)  work or pursue a course of study or  vocational
12        training;
13             (d)  undergo   medical   or  psychiatric  treatment,
14        rendered by a  psychiatrist  or  psychological  treatment
15        rendered  by  a  clinical  psychologist  or  social  work
16        services   rendered  by  a  clinical  social  worker,  or
17        treatment for drug addiction or alcoholism;
18             (e)  attend or reside in a facility established  for
19        the instruction or residence of persons on probation;
20             (f)  support his or her dependents, if any;
21             (g)  refrain  from  possessing  a  firearm  or other
22        dangerous weapon, or an automobile;
23             (h)  permit the probation officer to  visit  him  or
24        her at his or her home or elsewhere;
25             (i)  reside  with  his or her parents or in a foster
26        home;
27             (j)  attend school;
28             (k)  attend a non-residential program for youth;
29             (l)  make restitution under the terms of  subsection
30        (4) of Section 5-710;
31             (m)  contribute to his or her own support at home or
32        in a foster home;
33             (n)  perform  some  reasonable  public  or community
34        service;
 
                            -91-               LRB9111041WHmb
 1             (o)  participate with community corrections programs
 2        including  unified  delinquency   intervention   services
 3        administered  by the Department of Human Services subject
 4        to Section 5 of the Children and Family Services Act;
 5             (p)  pay costs;
 6             (q)  serve a term of home confinement.  In  addition
 7        to   any  other  applicable  condition  of  probation  or
 8        conditional discharge, the conditions of home confinement
 9        shall be that the minor:
10                  (i)  remain within the interior premises of the
11             place designated for his or her  confinement  during
12             the hours designated by the court;
13                  (ii)  admit  any  person or agent designated by
14             the court into the minor's place of  confinement  at
15             any  time  for  purposes  of  verifying  the minor's
16             compliance  with  the  conditions  of  his  or   her
17             confinement;  and
18                  (iii)  use  an  approved  electronic monitoring
19             device if ordered by the court subject to Article 8A
20             of Chapter V of the Unified Code of Corrections;
21             (r)  refrain  from  entering   into   a   designated
22        geographic  area  except  upon  terms  as the court finds
23        appropriate.  The terms may include consideration of  the
24        purpose  of  the  entry,  the  time of day, other persons
25        accompanying  the  minor,  and  advance  approval  by   a
26        probation  officer,  if  the  minor  has  been  placed on
27        probation, or advance approval by the court, if the minor
28        has been placed on conditional discharge;
29             (s)  refrain from having any  contact,  directly  or
30        indirectly,  with certain specified persons or particular
31        types of persons, including but not limited to members of
32        street gangs and drug users or dealers;
33             (s-5)  undergo a medical or other procedure to  have
34        a  tattoo symbolizing allegiance to a street gang removed
 
                            -92-               LRB9111041WHmb
 1        from his or her body;
 2             (t)  refrain from having in  his  or  her  body  the
 3        presence  of  any illicit drug prohibited by the Cannabis
 4        Control Act or the Illinois  Controlled  Substances  Act,
 5        unless  prescribed  by  a  physician,  and  shall  submit
 6        samples of his or her blood or urine or both for tests to
 7        determine the presence of any illicit drug; or
 8             (u)  comply  with other conditions as may be ordered
 9        by the court.
10        (3)  The court may as a  condition  of  probation  or  of
11    conditional  discharge  require  that a minor found guilty on
12    any alcohol, cannabis,  or  controlled  substance  violation,
13    refrain  from  acquiring a driver's license during the period
14    of probation or conditional discharge.  If the  minor  is  in
15    possession of a permit or license, the court may require that
16    the minor refrain from driving or operating any motor vehicle
17    during  the  period  of  probation  or conditional discharge,
18    except as may be necessary  in  the  course  of  the  minor's
19    lawful employment.
20        (4)  A  minor on probation or conditional discharge shall
21    be given a certificate  setting  forth  the  conditions  upon
22    which he or she is being released.
23        (5)  The  court  shall  impose  upon  a  minor  placed on
24    probation or conditional discharge, as  a  condition  of  the
25    probation  or  conditional  discharge,  a fee of $25 for each
26    month  of  probation  or  conditional  discharge  supervision
27    ordered by the court, unless after determining the  inability
28    of  the minor placed on probation or conditional discharge to
29    pay the fee, the court assesses a lesser amount.   The  court
30    may  not  impose the fee on a minor who is made a ward of the
31    State under this Act while the minor is  in  placement.   The
32    fee  shall  be  imposed  only  upon  a  minor who is actively
33    supervised by the probation and  court  services  department.
34    The  court may order the parent, guardian, or legal custodian
 
                            -93-               LRB9111041WHmb
 1    of the minor to pay some or all of the  fee  on  the  minor's
 2    behalf.
 3        (6)  The  General Assembly finds that in order to protect
 4    the  public,  the  juvenile  justice   system   must   compel
 5    compliance  with the conditions of probation by responding to
 6    violations with swift,  certain,  and  fair  punishments  and
 7    intermediate  sanctions.   The  Chief  Judge  of each circuit
 8    shall adopt a system of  structured,  intermediate  sanctions
 9    for  violations  of the terms and conditions of a sentence of
10    supervision, probation or conditional discharge,  under  this
11    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    (Source: P.A. 90-590, eff. 1-1-99; 91-98, eff. 1-1-00.)

21        (705 ILCS 405/5-720)
22        Sec. 5-720.  Probation revocation.
23        (1)  If  a  petition  is  filed charging a violation of a
24    condition of probation or of conditional discharge, the court
25    shall:
26             (a)  order the minor to appear;  or
27             (b)  order the minor's detention if the court  finds
28        that  the  detention  is a matter of immediate and urgent
29        necessity for the protection  of  the  minor  or  of  the
30        person or property of another or that the minor is likely
31        to  flee the jurisdiction of the court, provided that any
32        such detention shall be in a juvenile detention home  and
33        the  minor so detained shall be 10 years of age or older;
 
                            -94-               LRB9111041WHmb
 1        and
 2             (c)  notify the persons named in the petition  under
 3        Section  5-520,  in  accordance  with  the  provisions of
 4        Section 5-530.
 5        In making its detention determination under paragraph (b)
 6    of this subsection (1) of this Section,  the  court  may  use
 7    information  in its findings offered at such a hearing by way
 8    of proffer based upon reliable information presented  by  the
 9    State,  probation  officer,  or  the  minor.  The filing of a
10    petition for violation of a  condition  of  probation  or  of
11    conditional  discharge  shall toll the period of probation or
12    of conditional discharge until the final determination of the
13    charge, and the term of probation  or  conditional  discharge
14    shall  not  run  until  the  hearing  and  disposition of the
15    petition for violation.
16        (2)  The court shall conduct a  hearing  of  the  alleged
17    violation  of  probation  or  of  conditional discharge.  The
18    minor shall not be held in  detention  longer  than  15  days
19    pending the determination of the alleged violation.
20        (3)  At  the  hearing, the State shall have the burden of
21    going forward with the evidence and proving the violation  by
22    a  preponderance  of  the  evidence.  The  evidence  shall be
23    presented  in  court  with  the   right   of   confrontation,
24    cross-examination, and representation by counsel.
25        (4)  If  the  court  finds  that the minor has violated a
26    condition at any time prior to the expiration or  termination
27    of  the  period of probation or conditional discharge, it may
28    continue him or her on the existing sentence, with or without
29    modifying  or  enlarging  the  conditions,  or   may   revoke
30    probation  or  conditional  discharge  and  impose  any other
31    sentence that was available under Section 5-710 at  the  time
32    of the initial sentence.
33        (5)  The  conditions  of  probation  and  of  conditional
34    discharge  may  be reduced or enlarged by the court on motion
 
                            -95-               LRB9111041WHmb
 1    of the probation officer or on  its  own  motion  or  at  the
 2    request  of  the  minor  after  notice and hearing under this
 3    Section.
 4        (6)  Sentencing  after  revocation  of  probation  or  of
 5    conditional discharge shall be under Section 5-705.
 6        (7)  Instead  of  filing  a  violation of probation or of
 7    conditional  discharge,  the  probation  officer,  with   the
 8    concurrence  of his or her supervisor, may serve on the minor
 9    a notice of intermediate sanctions.  The notice shall contain
10    the technical violation or violations involved, the  date  or
11    dates  of  the  violation or violations, and the intermediate
12    sanctions to be imposed.  Upon receipt  of  the  notice,  the
13    minor  shall  immediately  accept  or reject the intermediate
14    sanctions.  If the sanctions  are  accepted,  they  shall  be
15    imposed  immediately.   If  the  intermediate  sanctions  are
16    rejected  or  the  minor  does  not  respond to the notice, a
17    violation of probation or of conditional discharge  shall  be
18    immediately  filed  with the court.  The State's Attorney and
19    the sentencing court shall  be  notified  of  the  notice  of
20    sanctions.   Upon  successful  completion of the intermediate
21    sanctions, a court may not revoke  probation  or  conditional
22    discharge   or  impose  additional  sanctions  for  the  same
23    violation.  A notice of intermediate  sanctions  may  not  be
24    issued   for   any  violation  of  probation  or  conditional
25    discharge which could warrant an additional, separate  felony
26    charge.
27    (Source: P.A. 90-590, eff. 1-1-99.)

28        (705 ILCS 405/5-725)
29        Sec.  5-725.  Protective  supervision.  If the sentencing
30    order releases the  minor  to  the  custody  of  his  or  her
31    parents, guardian or legal custodian, or continues him or her
32    in  such  custody,  the  court  may  place  the person having
33    custody of the minor, except for representatives  of  private
 
                            -96-               LRB9111041WHmb
 1    or   public   agencies  or  governmental  departments,  under
 2    supervision of the probation office. Rules or orders of court
 3    shall  define  the  terms  and   conditions   of   protective
 4    supervision,  which  may  be  modified or terminated when the
 5    court finds that the best interests  of  the  minor  and  the
 6    public  will be served by modifying or terminating protective
 7    supervision.
 8    (Source: P.A. 90-590, eff. 1-1-99.)

 9        (705 ILCS 405/5-730)
10        Sec. 5-730.  Order of protection.
11        (1)  The  court  may  make  an  order  of  protection  in
12    assistance of or as a condition of any other order authorized
13    by  this  Act.   The  order  of  protection  may  set   forth
14    reasonable  conditions  of  behavior  to  be  observed  for a
15    specified period.  The order may require a person:
16             (a)  to stay away from the home or the minor;
17             (b)  to permit a parent to visit the minor at stated
18        periods;
19             (c)  to abstain from offensive conduct  against  the
20        minor, his or her parent or any person to whom custody of
21        the minor is awarded;
22             (d)  to  give  proper  attention  to the care of the
23        home;
24             (e)  to cooperate in good faith with  an  agency  to
25        which  custody  of  a  minor is entrusted by the court or
26        with an agency or  association  to  which  the  minor  is
27        referred by the court;
28             (f)  to  prohibit and prevent any contact whatsoever
29        with the respondent minor by a  specified  individual  or
30        individuals  who  are  alleged  in  either  a criminal or
31        juvenile proceeding to have caused injury to a respondent
32        minor or a sibling of a respondent minor;
33             (g)  to refrain from acts of commission or  omission
 
                            -97-               LRB9111041WHmb
 1        that  tend  to  make  the home not a proper place for the
 2        minor.
 3        (2)  The court shall enter  an  order  of  protection  to
 4    prohibit  and  prevent any contact between a respondent minor
 5    or a sibling of a respondent minor and any person named in  a
 6    petition   seeking  an  order  of  protection  who  has  been
 7    convicted of heinous battery under Section 12-4.1, aggravated
 8    battery of a child  under  Section  12-4.3,  criminal  sexual
 9    assault  under  Section  12-13,  aggravated  criminal  sexual
10    assault   under  Section  12-14,  predatory  criminal  sexual
11    assault of a child under  Section  12-14.1,  criminal  sexual
12    abuse  under  Section  12-15,  or  aggravated criminal sexual
13    abuse under Section 12-16 of the Criminal Code  of  1961,  or
14    has  been  convicted of an offense that resulted in the death
15    of a child, or has violated a previous  order  of  protection
16    under this Section.
17        (3)  When the court issues an order of protection against
18    any  person  as  provided  by  this  Section, the court shall
19    direct a copy of such order to the sheriff  of  that  county.
20    The  sheriff  shall furnish a copy of the order of protection
21    to the Department of State Police within 24 hours of receipt,
22    in the form and  manner  required  by  the  Department.   The
23    Department  of  State Police shall maintain a complete record
24    and index of the orders of  protection  and  make  this  data
25    available to all local law enforcement agencies.
26        (4)  After notice and opportunity for hearing afforded to
27    a  person subject to an order of protection, the order may be
28    modified or extended for a further specified period  or  both
29    or  may  be  terminated  if  the  court  finds  that the best
30    interests of the minor and the public will be served  by  the
31    modification, extension, or termination.
32        (5)  An  order  of  protection  may be sought at any time
33    during the course of any proceeding conducted under this Act.
34    Any person against whom an order of protection is sought  may
 
                            -98-               LRB9111041WHmb
 1    retain  counsel to represent him or her at a hearing, and has
 2    rights to be present at the hearing, to be informed prior  to
 3    the  hearing  in  writing  of  the  contents  of the petition
 4    seeking a protective order and of the date, place,  and  time
 5    of  the hearing, and to cross-examine witnesses called by the
 6    petitioner  and  to  present  witnesses   and   argument   in
 7    opposition to the relief sought in the petition.
 8        (6)  Diligent  efforts shall be made by the petitioner to
 9    serve any  person  or  persons  against  whom  any  order  of
10    protection  is  sought with written notice of the contents of
11    the petition seeking a protective  order  and  of  the  date,
12    place  and time at which the hearing on the petition is to be
13    held.  When a protective order is being sought in conjunction
14    with a shelter care or detention hearing, if the court  finds
15    that  the  person  against whom the protective order is being
16    sought has been notified of  the  hearing  or  that  diligent
17    efforts  have  been  made to notify the person, the court may
18    conduct a hearing.  If a protective order is  sought  at  any
19    time  other  than  in  conjunction  with  a  shelter  care or
20    detention hearing, the court may not conduct a hearing on the
21    petition in the absence of the person against whom the  order
22    is  sought  unless  the petitioner has notified the person by
23    personal service at least 3 days before the  hearing  or  has
24    sent  written notice by first class mail to the person's last
25    known address at least 5 days before the hearing.
26        (7)  A person against whom  an  order  of  protection  is
27    being  sought  who  is  neither  a parent, guardian, or legal
28    custodian or responsible relative as described in Section 1-5
29    of this Act or is not a party or  respondent  as  defined  in
30    that  Section shall not be entitled to the rights provided in
31    that Section.  The person does not have a right to  appointed
32    counsel  or  to  be  present  at  any  hearing other than the
33    hearing in which the order of protection is being sought or a
34    hearing directly pertaining to that order.  Unless the  court
 
                            -99-               LRB9111041WHmb
 1    orders otherwise, the person does not have a right to inspect
 2    the court file.
 3        (8)  All  protective  orders  entered  under this Section
 4    shall be in writing. Unless the person against whom the order
 5    was obtained was present in court when the order was  issued,
 6    the  sheriff,  other  law  enforcement  official,  or special
 7    process server shall promptly  serve  that  order  upon  that
 8    person and file proof of that service, in the manner provided
 9    for  service  of  process  in  civil proceedings.  The person
10    against whom the protective order was  obtained  may  seek  a
11    modification  of  the  order  by  filing  a written motion to
12    modify the order within 7 days after actual  receipt  by  the
13    person of a copy of the order.
14    (Source: P.A. 90-590, eff. 1-1-99.)

15        (705 ILCS 405/5-735)
16        Sec.   5-735.  Enforcement   of   orders   of  protective
17    supervision or of protection.
18        (1)  Orders  of  protective  supervision  and  orders  of
19    protection may be enforced by  citation  to  show  cause  for
20    contempt  of  court  by  reason of any violation of the order
21    and,  where  protection  of  the  welfare  of  the  minor  so
22    requires, by the issuance of a warrant to  take  the  alleged
23    violator into custody and bring him or her before the court.
24        (2)  In  any  case  where an order of protection has been
25    entered, the clerk of the court may issue to the  petitioner,
26    to  the  minor or to any other person affected by the order a
27    certificate stating that an order of protection has been made
28    by the court concerning those persons and setting  forth  its
29    terms  and  requirements. The presentation of the certificate
30    to any peace officer authorizes  him  or  her  to  take  into
31    custody  a  person  charged  with  violating the terms of the
32    order of protection, to bring the  person  before  the  court
33    and,  within  the  limits  of his or her legal authority as a
 
                            -100-              LRB9111041WHmb
 1    peace officer, otherwise to aid in  securing  the  protection
 2    the order is intended to afford.
 3    (Source: P.A. 90-590, eff. 1-1-99.)

 4        (705 ILCS 405/5-740)
 5        Sec. 5-740.  Placement; legal custody or guardianship.
 6        (1)  If  the  court  finds that the parents, guardian, or
 7    legal custodian of a minor adjudged a ward of the  court  are
 8    unfit  or  are  unable,  for some reason other than financial
 9    circumstances  alone,  to  care  for,   protect,   train   or
10    discipline  the  minor  or  are  unwilling to do so, and that
11    appropriate services aimed at family preservation and  family
12    reunification   have  been  unsuccessful  in  rectifying  the
13    conditions which have  led  to  a  finding  of  unfitness  or
14    inability  to  care  for,  protect,  train  or discipline the
15    minor, and that it is in the best interest of  the  minor  to
16    take  him  or  her  from  the  custody of his or her parents,
17    guardian or custodian, the court may:
18             (a)  place him or her in the custody of  a  suitable
19        relative or other person;
20             (b)  place  him  or  her under the guardianship of a
21        probation officer;
22             (c)  commit him or her to  an  agency  for  care  or
23        placement,  except  an institution under the authority of
24        the Department of Corrections or  of  the  Department  of
25        Children and Family Services;
26             (d)  commit  him  or  her  to some licensed training
27        school or industrial school; or
28             (e)  commit  him   or   her   to   any   appropriate
29        institution   having  among  its  purposes  the  care  of
30        delinquent  children,  including   a   child   protective
31        facility   maintained  by  a  child  protection  district
32        serving the county from which commitment is made, but not
33        including any institution  under  the  authority  of  the
 
                            -101-              LRB9111041WHmb
 1        Department   of  Corrections  or  of  the  Department  of
 2        Children and Family Services.
 3        (2)  When making  such  placement,  the  court,  wherever
 4    possible,  shall  select  a person holding the same religious
 5    belief as that of the minor or a private agency controlled by
 6    persons of like  religious  faith  of  the  minor  and  shall
 7    require  the  Department  of  Children and Family Services to
 8    otherwise comply with Section 7 of the  Children  and  Family
 9    Services  Act  in  placing  the child.  In addition, whenever
10    alternative plans for  placement  are  available,  the  court
11    shall  ascertain  and  consider, to the extent appropriate in
12    the particular case, the views and preferences of the minor.
13        (3)  When a minor is placed with a suitable  relative  or
14    other  person,  the  court shall appoint him or her the legal
15    custodian or guardian of the person of  the  minor.   When  a
16    minor is committed to any agency, the court shall appoint the
17    proper  officer  or  representative  of the proper officer as
18    legal custodian or guardian  of  the  person  of  the  minor.
19    Legal  custodians  and  guardians  of the person of the minor
20    have the respective rights and duties set forth in subsection
21    (9) of Section 5-105 except as otherwise provided by order of
22    court;  but no guardian of the person may consent to adoption
23    of the minor.  An agency whose  representative  is  appointed
24    guardian  of  the  person or legal custodian of the minor may
25    place him or her in any child care facility, but the facility
26    must be licensed under the Child Care Act  of  1969  or  have
27    been  approved  by  the  Department  of  Children  and Family
28    Services  as  meeting  the  standards  established  for  such
29    licensing.   Like  authority  and   restrictions   shall   be
30    conferred  by  the  court  upon any probation officer who has
31    been appointed guardian of the person of a minor.
32        (4)  No placement by  any  probation  officer  or  agency
33    whose  representative  is appointed guardian of the person or
34    legal custodian of a minor may be made in any  out  of  State
 
                            -102-              LRB9111041WHmb
 1    child  care  facility  unless it complies with the Interstate
 2    Compact on the Placement of Children.
 3        (5)  The clerk of the court shall issue to  the  guardian
 4    or  legal  custodian  of  the  person a certified copy of the
 5    order of court, as proof of his or her authority.   No  other
 6    process  is  necessary  as  authority  for the keeping of the
 7    minor.
 8        (6)  Legal custody or  guardianship  granted  under  this
 9    Section  continues until the court otherwise directs, but not
10    after the minor reaches the age of 21  years  except  as  set
11    forth in Section 5-750.
12    (Source: P.A. 90-590, eff. 1-1-99.)

13        (705 ILCS 405/5-745)
14        Sec. 5-745.  Court review.
15        (1)  The   court  may  require  any  legal  custodian  or
16    guardian of the person appointed under  this  Act  to  report
17    periodically  to  the court or may cite him or her into court
18    and require him or her, or his or her agency, to make a  full
19    and  accurate report of his or her or its doings in behalf of
20    the minor.  The legal custodian or guardian, within  10  days
21    after  the citation, shall make the report, either in writing
22    verified by affidavit or orally under oath in open court,  or
23    otherwise  as  the  court  directs.   Upon the hearing of the
24    report the court may remove the legal custodian  or  guardian
25    and  appoint another in his or her stead or restore the minor
26    to the custody of his or her parents or  former  guardian  or
27    legal custodian.
28        (2)  A guardian or legal custodian appointed by the court
29    under  this  Act shall file updated case plans with the court
30    every 6 months.  Every agency which  has  guardianship  of  a
31    child shall file a supplemental petition for court review, or
32    review by an administrative body appointed or approved by the
33    court  and  further  order within 18 months of the sentencing
 
                            -103-              LRB9111041WHmb
 1    order and each 18  months  thereafter.   The  petition  shall
 2    state  facts  relative  to  the  child's present condition of
 3    physical, mental  and  emotional  health  as  well  as  facts
 4    relative to his or her present custodial or foster care.  The
 5    petition shall be set for hearing and the clerk shall mail 10
 6    days  notice of the hearing by certified mail, return receipt
 7    requested, to  the  person  or  agency  having  the  physical
 8    custody  of the child, the minor and other interested parties
 9    unless a written waiver of notice is filed with the petition.
10        Rights  of  wards  of  the  court  under  this  Act   are
11    enforceable  against  any  public  agency  by  complaints for
12    relief by mandamus filed in  any  proceedings  brought  under
13    this Act.
14        (3)  The  minor or any person interested in the minor may
15    apply to the court for a change in custody of the  minor  and
16    the  appointment of a new custodian or guardian of the person
17    or for the restoration of the minor to the custody of his  or
18    her  parents  or  former guardian or custodian.  In the event
19    that the minor has attained 18 years of age and the  guardian
20    or custodian petitions the court for an order terminating his
21    or her guardianship or custody, guardianship or legal custody
22    shall  terminate  automatically  30 days after the receipt of
23    the petition unless the court  orders  otherwise.   No  legal
24    custodian  or  guardian  of the person may be removed without
25    his or her consent until given notice and an  opportunity  to
26    be heard by the court.
27    (Source: P.A. 90-590, eff. 1-1-99.)

28        (705 ILCS 405/5-750)
29        Sec. 5-750.  Commitment to the Department of Corrections,
30    Juvenile Division.
31        (1)  Except   as  provided  in  subsection  (2)  of  this
32    Section, when any delinquent has been adjudged a ward of  the
33    court  under this Act, the court may commit him or her to the
 
                            -104-              LRB9111041WHmb
 1    Department of Corrections, Juvenile  Division,  if  it  finds
 2    that  (a) his or her parents, guardian or legal custodian are
 3    unfit or are unable, for some  reason  other  than  financial
 4    circumstances   alone,   to   care  for,  protect,  train  or
 5    discipline the minor, or are unwilling to do so, and the best
 6    interests of the minor and the public will not be  served  by
 7    placement  under  Section  5-740   or; (b) it is necessary to
 8    ensure the protection of the public from the consequences  of
 9    criminal activity of the delinquent.
10        (2)  When  a  minor  of  the  age of at least 13 years is
11    adjudged delinquent for the offense of first  degree  murder,
12    the  court  shall  declare  the minor a ward of the court and
13    order the minor committed to the Department  of  Corrections,
14    Juvenile  Division,  until the minor's 21st birthday, without
15    the  possibility  of  parole,  furlough,   or   non-emergency
16    authorized  absence for a period of 5 years from the date the
17    minor was committed to the Department of Corrections,  except
18    that  the  time that a minor spent in custody for the instant
19    offense before being committed to  the  Department  shall  be
20    considered  as  time  credited  towards  that  5 year period.
21    Nothing in this subsection (2)  shall  preclude  the  State's
22    Attorney  from seeking to prosecute a minor as an adult as an
23    alternative to proceeding under this Act.
24        (3)  Except as provided in subsection (2), the commitment
25    of a delinquent to the Department of Corrections shall be for
26    an indeterminate term  which  shall  automatically  terminate
27    upon  the delinquent attaining the age of 21 years unless the
28    delinquent is sooner discharged from parole or  custodianship
29    is  otherwise  terminated  in  accordance with this Act or as
30    otherwise provided for by law.
31        (4)  When the court commits a minor to the Department  of
32    Corrections,  it shall order him or her conveyed forthwith to
33    the appropriate reception station or other  place  designated
34    by  the  Department  of  Corrections,  and  shall appoint the
 
                            -105-              LRB9111041WHmb
 1    Assistant Director of Corrections, Juvenile  Division,  legal
 2    custodian  of  the minor.  The clerk of the court shall issue
 3    to the Assistant Director of Corrections, Juvenile  Division,
 4    a certified copy of the order, which constitutes proof of the
 5    Director's authority.  No other process need issue to warrant
 6    the keeping of the minor.
 7        (5)  If  a  minor  is  committed  to  the  Department  of
 8    Corrections,  Juvenile Division, the clerk of the court shall
 9    forward to the Department:
10             (a)  the disposition ordered;
11             (b)  all reports;
12             (c)  the court's statement of the basis for ordering
13        the disposition;  and
14             (d)  all additional matters which the court  directs
15        the clerk to transmit.
16        (6)  Whenever  the  Department  of  Corrections  lawfully
17    discharges  from its custody and control a minor committed to
18    it, the Assistant Director of Corrections, Juvenile Division,
19    shall petition the court for an order terminating his or  her
20    custodianship.     The    custodianship    shall    terminate
21    automatically  30  days  after receipt of the petition unless
22    the court orders otherwise.
23    (Source: P.A. 90-590, eff. 1-1-99.)

24        (705 ILCS 405/5-755)
25        Sec.  5-755.  Duration  of  wardship  and  discharge   of
26    proceedings.
27        (1)  All  proceedings  under  this  Act in respect of any
28    minor for whom a petition was filed on or after the effective
29    date of this amendatory Act of 1998  automatically  terminate
30    upon  his  or  her  attaining the age of 21 years except that
31    provided in Section 5-810.
32        (2)  Whenever the court finds that the best interests  of
33    the  minor  and  the public no longer require the wardship of
 
                            -106-              LRB9111041WHmb
 1    the court, the court shall order the wardship terminated  and
 2    all  proceedings under this Act respecting that minor finally
 3    closed and discharged.   The  court  may  at  the  same  time
 4    continue  or  terminate  any  custodianship  or  guardianship
 5    previously  ordered  but  the  termination  must  be  made in
 6    compliance with Section 5-745.
 7        (3)  The  wardship   of   the   minor   and   any   legal
 8    custodianship or guardianship respecting the minor for whom a
 9    petition  was  filed  on  or after the effective date of this
10    amendatory Act of 1998 automatically terminates  when  he  or
11    she  attains  the  age  of  21  years  except as set forth in
12    subsection (1) of this Section.  The clerk of the court shall
13    at that time record all proceedings under this Act as finally
14    closed and discharged for that reason.
15    (Source: P.A. 90-590, eff. 1-1-99.)

16                PART 8. VIOLENT AND HABITUAL JUVENILE
17                         OFFENDER PROVISIONS

18        (705 ILCS 405/5-801)
19        Sec.   5-801.  Legislative   declaration.   The   General
20    Assembly finds that a substantial and disproportionate amount
21    of serious crime is committed by a relatively small number of
22    juvenile offenders. Part 8 of this  Article  addresses  these
23    juvenile  offenders  and,  in  all proceedings under Sections
24    5-805,  5-810,  and  5-815,  the  community's  right  to   be
25    protected   shall  be  the  most  important  purpose  of  the
26    proceedings.
27    (Source: P.A. 90-590, eff. 1-1-99.)

28        (705 ILCS 405/5-805)
29        Sec. 5-805.  Transfer of jurisdiction.
30        (1)  Mandatory transfers.
31             (a)  If a petition alleges commission by a minor  15
 
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 1        years  of  age  or  older  of  an  act that constitutes a
 2        forcible felony under the laws of this State,  and  if  a
 3        motion  by  the  State's  Attorney to prosecute the minor
 4        under the criminal  laws  of  Illinois  for  the  alleged
 5        forcible felony alleges that (i) the minor has previously
 6        been   adjudicated   delinquent   or   found  guilty  for
 7        commission of an act that constitutes a felony under  the
 8        laws  of  this  State or any other state and (ii) the act
 9        that constitutes the offense was committed in furtherance
10        of criminal activity by an organized gang,  the  Juvenile
11        Judge assigned to hear and determine those motions shall,
12        upon  determining  that there is probable cause that both
13        allegations  are  true,   enter   an   order   permitting
14        prosecution under the criminal laws of Illinois.
15             (b)  If  a petition alleges commission by a minor 15
16        years of age or older of an act that constitutes a felony
17        under the laws of this  State,  and  if  a  motion  by  a
18        State's   Attorney  to  prosecute  the  minor  under  the
19        criminal laws of Illinois for the alleged felony  alleges
20        that  (i)  the  minor  has  previously  been  adjudicated
21        delinquent  or found guilty for commission of an act that
22        constitutes a forcible felony  under  the  laws  of  this
23        State   or   any  other  state  and  (ii)  the  act  that
24        constitutes the offense was committed in  furtherance  of
25        criminal  activities  by  an organized gang, the Juvenile
26        Judge assigned to hear and determine those motions shall,
27        upon determining that there is probable cause  that  both
28        allegations   are   true,   enter   an  order  permitting
29        prosecution under the criminal laws of Illinois.
30             (c)  If a petition alleges commission by a minor  15
31        years  of age or older of: (i) an act that constitutes an
32        offense enumerated in the presumptive transfer provisions
33        of subsection (2); and (ii) the minor has previously been
34        adjudicated delinquent or  found  guilty  of  a  forcible
 
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 1        felony,   the  Juvenile  Judge  designated  to  hear  and
 2        determine those  motions  shall,  upon  determining  that
 3        there  is  probable cause that both allegations are true,
 4        enter an order permitting prosecution under the  criminal
 5        laws of Illinois.
 6             (d)  If  a petition alleges commission by a minor 15
 7        years of age or older of  an  act  that  constitutes  the
 8        offense of aggravated discharge of a firearm committed in
 9        a  school,  on  the  real  property  comprising a school,
10        within 1,000 feet  of  the  real  property  comprising  a
11        school, at a school related activity, or on, boarding, or
12        departing   from   any   conveyance   owned,  leased,  or
13        contracted by a school or school  district  to  transport
14        students  to or from school or a school related activity,
15        regardless of the time of day or the time  of  year,  the
16        juvenile  judge  designated  to  hear and determine those
17        motions shall, upon determining that  there  is  probable
18        cause  that  the  allegations  are  true,  enter an order
19        permitting  prosecution  under  the  criminal   laws   of
20        Illinois.
21             For  purposes  of  this  paragraph (d) of subsection
22        (1):
23             "School" means a public  or  private  elementary  or
24        secondary   school,   community   college,   college,  or
25        university.
26             "School  related  activity"  means   any   sporting,
27        social,  academic,  or other activity for which students'
28        attendance or participation is sponsored,  organized,  or
29        funded  in  whole  or  in  part  by  a  school  or school
30        district.
31        (2)  Presumptive transfer.
32             (a)  If the State's Attorney files  a  petition,  at
33        any  time  prior to commencement of the minor's trial, to
34        permit  prosecution  under  the  criminal  laws  and  the
 
                            -109-              LRB9111041WHmb
 1        petition alleges the commission by a minor  15  years  of
 2        age  or  older  of: (i) a Class X felony other than armed
 3        violence; (ii) aggravated discharge of a firearm;   (iii)
 4        armed  violence with a firearm when the predicate offense
 5        is a Class 1 or Class 2 felony and the State's Attorney's
 6        motion to transfer the  case  alleges  that  the  offense
 7        committed is in furtherance of the criminal activities of
 8        an  organized  gang;  (iv)  armed violence with a firearm
 9        when the predicate offense is a violation of the Illinois
10        Controlled Substances Act or a violation of the  Cannabis
11        Control  Act; (v) armed violence when the weapon involved
12        was a machine gun or other weapon described in subsection
13        (a)(7) of Section 24-1 of the Criminal Code of 1961, and,
14        if the juvenile judge  assigned  to  hear  and  determine
15        motions  to  transfer  a  case  for  prosecution  in  the
16        criminal court determines that there is probable cause to
17        believe  that  the allegations in the petition and motion
18        are true, there is  a  rebuttable  presumption  that  the
19        minor  is  not  a fit and proper subject to be dealt with
20        under the Juvenile  Justice  Reform  Provisions  of  1998
21        (Public  Act  90-590),  and  that,  except as provided in
22        paragraph (b), the case  should  be  transferred  to  the
23        criminal court.
24             (b)  The  judge  shall  enter  an  order  permitting
25        prosecution  under  the  criminal laws of Illinois unless
26        the judge makes a finding based on clear  and  convincing
27        evidence  that  the  minor would be amenable to the care,
28        treatment, and training programs  available  through  the
29        facilities  of  the juvenile court based on an evaluation
30        of the following:
31             (i)  The seriousness of the alleged offense;
32             (ii)  The minor's history of delinquency;
33             (iii)  The age of the minor;
34             (iv)   The culpability of the  minor  in  committing
 
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 1        the alleged offense;
 2             (v)  Whether   the   offense  was  committed  in  an
 3        aggressive or premeditated manner;
 4             (vi)  Whether the minor used or possessed  a  deadly
 5        weapon when committing the alleged offense;
 6             (vii)  The  minor's  history  of services, including
 7        the minor's willingness to  participate  meaningfully  in
 8        available services;
 9             (viii) Whether there is a reasonable likelihood that
10        the  minor  can be rehabilitated before the expiration of
11        the juvenile court's jurisdiction;
12             (ix)  The adequacy of  the  punishment  or  services
13        available in the juvenile justice system.
14        In  considering  these  factors,  the  court  shall  give
15    greater  weight to the seriousness of the alleged offense and
16    the minor's prior record of delinquency  than  to  the  other
17    factors listed in this subsection.
18        (3)  Discretionary transfer.
19             (a)  If  a petition alleges commission by a minor 13
20        years of age or over of an act that constitutes  a  crime
21        under  the  laws  of  this  State  and,  on motion of the
22        State's Attorney to permit prosecution of the minor under
23        the criminal laws, a Juvenile Judge assigned by the Chief
24        Judge of the Circuit to hear and determine those motions,
25        after hearing but before commencement of the trial, finds
26        that  there  is  probable  cause  to  believe  that   the
27        allegations  in the motion are true and that it is not in
28        the best interests of the public to  proceed  under  this
29        Act,  the court may enter an order permitting prosecution
30        under the criminal laws.
31             (b)  In making its determination on  the  motion  to
32        permit  prosecution  under  the  criminal laws, the court
33        shall consider among other matters:
34             (i)  The seriousness of the alleged offense;
 
                            -111-              LRB9111041WHmb
 1             (ii)  The minor's history of delinquency;
 2             (iii)  The age of the minor;
 3             (iv)  The culpability of the minor in committing the
 4        alleged offense;
 5             (v)  Whether  the  offense  was  committed   in   an
 6        aggressive or premeditated manner;
 7             (vi)  Whether  the  minor used or possessed a deadly
 8        weapon when committing the alleged offense;
 9             (vii)  The minor's history  of  services,  including
10        the  minor's  willingness  to participate meaningfully in
11        available services;
12             (viii)  The adequacy of the punishment  or  services
13        available in the juvenile justice system.
14        In  considering  these  factors,  the  court  shall  give
15    greater  weight to the seriousness of the alleged offense and
16    the minor's prior record of delinquency  than  to  the  other
17    factors listed in this subsection.
18        (4)  The  rules of evidence for this hearing shall be the
19    same as under Section 5-705 of this Act.   A  minor  must  be
20    represented  in  court  by  counsel before the hearing may be
21    commenced.
22        (5)  If criminal proceedings are instituted, the petition
23    for adjudication of wardship shall be  dismissed  insofar  as
24    the act or acts involved in the criminal proceedings.  Taking
25    of  evidence  in  a  trial  on  petition  for adjudication of
26    wardship is a bar to  criminal  proceedings  based  upon  the
27    conduct alleged in the petition.
28    (Source:  P.A.  90-590,  eff.  1-1-99;  91-15,  eff.  1-1-00;
29    91-357, eff. 7-29-99.)

30        (705 ILCS 405/5-810)
31        Sec. 5-810.  Extended jurisdiction juvenile prosecutions.
32        (1)  If  the  State's  Attorney  files a petition, at any
33    time prior to commencement of the minor's trial, to designate
 
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 1    the  proceeding  as   an   extended   jurisdiction   juvenile
 2    prosecution  and  the  petition  alleges  the commission by a
 3    minor 13 years of age or older of any offense which would  be
 4    a felony if committed by an adult, and, if the juvenile judge
 5    assigned  to  hear  and  determine petitions to designate the
 6    proceeding as an extended jurisdiction  juvenile  prosecution
 7    determines  that  there is probable cause to believe that the
 8    allegations in the petition and motion are true, there  is  a
 9    rebuttable   presumption   that   the   proceeding  shall  be
10    designated as an extended jurisdiction juvenile proceeding.
11        (b)  The judge  shall  enter  an  order  designating  the
12    proceeding  as  an  extended jurisdiction juvenile proceeding
13    unless  the  judge  makes  a  finding  based  on  clear   and
14    convincing  evidence  that  sentencing under the Chapter V of
15    the Unified Code of Corrections would not be appropriate  for
16    the minor based on an evaluation of the following factors:
17             (i)  The seriousness of the alleged offense;
18             (ii)  The minor's history of delinquency;
19             (iii)  The age of the minor;
20             (iv)  The culpability of the minor in committing the
21        alleged offense;
22             (v)  Whether   the   offense  was  committed  in  an
23        aggressive or premeditated manner;
24             (vi)  Whether the minor used or possessed  a  deadly
25        weapon when committing the alleged offense.
26        In  considering  these  factors,  the  court  shall  give
27    greater  weight to the seriousness of the alleged offense and
28    the minor's prior record of delinquency than to other factors
29    listed in this subsection.
30        (2)  Procedures  for   extended   jurisdiction   juvenile
31    prosecutions.
32             (a)  The  State's Attorney may file a written motion
33        for a proceeding to be designated as an extended juvenile
34        jurisdiction prior to commencement of trial.   Notice  of
 
                            -113-              LRB9111041WHmb
 1        the  motion  shall  be  in compliance with Section 5-530.
 2        When the State's Attorney files a written motion  that  a
 3        proceeding   be   designated   an  extended  jurisdiction
 4        juvenile prosecution, the court shall commence a  hearing
 5        within   30   days  of  the  filing  of  the  motion  for
 6        designation,  unless  good  cause   is   shown   by   the
 7        prosecution  or the minor as to why the hearing could not
 8        be held within this time period.  If the court finds good
 9        cause has been demonstrated, then the  hearing  shall  be
10        held  within  60  days  of the filing of the motion.  The
11        hearings shall be open to the  public  unless  the  judge
12        finds   that   the  hearing  should  be  closed  for  the
13        protection of any  party,  victim  or  witness.   If  the
14        Juvenile Judge assigned to hear and determine a motion to
15        designate  an  extended jurisdiction juvenile prosecution
16        determines that there is probable cause to  believe  that
17        the  allegations  in the petition and motion are true the
18        court   shall   grant   the   motion   for   designation.
19        Information used by the court in its findings  or  stated
20        in  or  offered in connection with this Section may be by
21        way of proffer based on reliable information  offered  by
22        the State or the minor.  All evidence shall be admissible
23        if  it  is relevant and reliable regardless of whether it
24        would be admissible under the rules of evidence.
25        (3)  Trial.  A  minor  who  is  subject  of  an  extended
26    jurisdiction  juvenile  prosecution has the right to trial by
27    jury.  Any trial under this Section  shall  be  open  to  the
28    public.
29        (4)  Sentencing.   If  an  extended jurisdiction juvenile
30    prosecution under subsections (1) results in a guilty plea, a
31    verdict of guilty, or a finding of  guilt,  the  court  shall
32    impose the following:
33             (i)  one  or  more  juvenile sentences under Section
34        5-710; and
 
                            -114-              LRB9111041WHmb
 1             (ii)  an adult criminal sentence in accordance  with
 2        the  provisions  of  Chapter  V  of  the  Unified Code of
 3        Corrections, the execution of which shall  be  stayed  on
 4        the   condition   that   the  offender  not  violate  the
 5        provisions of the juvenile sentence.
 6    Any sentencing hearing under this Section shall  be  open  to
 7    the public.
 8        (5)  If,   after   an   extended   jurisdiction  juvenile
 9    prosecution trial, a minor is convicted of a  lesser-included
10    offense  or  of  an offense that the State's Attorney did not
11    designate as an extended jurisdiction  juvenile  prosecution,
12    the  State's  Attorney  may  file a written motion, within 10
13    days of the finding of guilt, that the minor be sentenced  as
14    an  extended jurisdiction juvenile prosecution offender.  The
15    court shall rule on this motion using the  factors  found  in
16    paragraph  (1) (b) of Section 5-805.  If the court denies the
17    State's Attorney's motion for sentencing under  the  extended
18    jurisdiction  juvenile prosecution provision, the court shall
19    proceed to sentence the minor under Section 5-710.
20        (6)  When  it  appears  that  a  minor  convicted  in  an
21    extended jurisdiction juvenile prosecution  under  subsection
22    (1) has violated the conditions of his or her sentence, or is
23    alleged  to have committed a new offense upon the filing of a
24    petition to revoke the stay, the court may,  without  notice,
25    issue a warrant for the arrest of the minor. After a hearing,
26    if  the  court  finds by a preponderance of the evidence that
27    the minor committed a new offense,  the  court   shall  order
28    execution  of the previously imposed adult criminal sentence.
29    After a hearing, if the court finds by a preponderance of the
30    evidence that the minor committed a violation of his  or  her
31    sentence  other  than  by  a new offense, the court may order
32    execution of the previously imposed adult  criminal  sentence
33    or  may continue him or her on the existing juvenile sentence
34    with or without modifying or enlarging the  conditions.  Upon
 
                            -115-              LRB9111041WHmb
 1    revocation  of  the  stay  of the adult criminal sentence and
 2    imposition   of   that   sentence,   the   minor's   extended
 3    jurisdiction  juvenile  status  shall  be   terminated.   The
 4    on-going  jurisdiction over the minor's case shall be assumed
 5    by the  adult criminal court and juvenile court  jurisdiction
 6    shall  be  terminated  and  a report of the imposition of the
 7    adult sentence shall be  sent  to  the  Department  of  State
 8    Police.
 9        (7)  Upon  successful completion of the juvenile sentence
10    the court shall vacate the adult criminal sentence.
11        (8)  Nothing in this Section  precludes  the  State  from
12    filing a motion for transfer under Section 5-805.
13    (Source: P.A. 90-590, eff. 1-1-99.)

14        (705 ILCS 405/5-815)
15        Sec. 5-815.  Habitual Juvenile Offender.
16        (a)  Definition.  Any minor having been twice adjudicated
17    a delinquent minor for offenses which, had he been prosecuted
18    as  an adult, would have been felonies under the laws of this
19    State, and who is thereafter adjudicated a  delinquent  minor
20    for  a  third  time  shall  be  adjudged an Habitual Juvenile
21    Offender where:
22             1.  the  third  adjudication  is  for   an   offense
23        occurring after adjudication on the second; and
24             2.  the  second  adjudication  was  for  an  offense
25        occurring after adjudication on the first; and
26             3.  the  third  offense  occurred  after  January 1,
27        1980; and
28             4.  the third offense was based upon the  commission
29        of  or  attempted  commission  of the following offenses:
30        first degree murder, second degree murder or  involuntary
31        manslaughter;   criminal  sexual  assault  or  aggravated
32        criminal sexual assault; aggravated  or  heinous  battery
33        involving  permanent disability or disfigurement or great
 
                            -116-              LRB9111041WHmb
 1        bodily harm to the victim; burglary of a  home  or  other
 2        residence  intended  for  use as a temporary or permanent
 3        dwelling place for human beings; home  invasion;  robbery
 4        or armed robbery; or aggravated arson.
 5        Nothing  in  this  Section  shall  preclude  the  State's
 6    Attorney  from seeking to prosecute a minor as an adult as an
 7    alternative to prosecution as an habitual juvenile offender.
 8        A continuance under  supervision  authorized  by  Section
 9    5-615 of this Act shall not be permitted under this Section.
10        (b)  Notice  to  minor.   The  State shall serve upon the
11    minor written notice of  intention  to  prosecute  under  the
12    provisions  of  this  Section  within  5 judicial days of the
13    filing of any delinquency petition, adjudication  upon  which
14    would mandate the minor's disposition as an Habitual Juvenile
15    Offender.
16        (c)  Petition; service.  A notice to seek adjudication as
17    an  Habitual  Juvenile  Offender  shall  be filed only by the
18    State's Attorney.
19        The petition upon which such Habitual  Juvenile  Offender
20    notice  is  based shall contain the information and averments
21    required for all other delinquency petitions filed under this
22    Act and its service shall be according to the  provisions  of
23    this Act.
24        No prior adjudication shall be alleged in the petition.
25        (d)  Trial.  Trial  on  such  petition  shall  be by jury
26    unless the minor demands, in open court and  with  advice  of
27    counsel, a trial by the court without jury.
28        Except  as  otherwise  provided herein, the provisions of
29    this Act concerning delinquency proceedings  generally  shall
30    be applicable to Habitual Juvenile Offender proceedings.
31        (e)  Proof  of prior adjudications.  No evidence or other
32    disclosure of prior adjudications shall be presented  to  the
33    court  or  jury  during any adjudicatory hearing provided for
34    under this Section unless otherwise permitted by  the  issues
 
                            -117-              LRB9111041WHmb
 1    properly  raised in such hearing.  In the event the minor who
 2    is the subject of these proceedings elects to testify on  his
 3    own  behalf, it shall be competent to introduce evidence, for
 4    purposes  of  impeachment,  that  he  has   previously   been
 5    adjudicated  a delinquent minor upon facts which, had he been
 6    tried as an adult, would have resulted in his conviction of a
 7    felony or of any offense that involved  dishonesty  or  false
 8    statement.   Introduction of such evidence shall be according
 9    to the rules and procedures applicable to the impeachment  of
10    an adult defendant by prior conviction.
11        After  an  admission  of  the  facts  in  the petition or
12    adjudication of delinquency, the State's  Attorney  may  file
13    with  the  court  a  verified written statement signed by the
14    State's Attorney concerning  any  prior  adjudication  of  an
15    offense  set  forth  in  subsection (a) of this Section which
16    offense would have been a  felony  or  of  any  offense  that
17    involved  dishonesty  or  false statement had the  minor been
18    tried as an adult.
19        The court shall then cause the minor to be brought before
20    it; shall inform him of the allegations of the  statement  so
21    filed,  and of his right to a hearing before the court on the
22    issue of such prior adjudication and of his right to  counsel
23    at   such   hearing;   and   unless  the  minor  admits  such
24    adjudication, the court shall hear and determine such  issue,
25    and shall make a written finding thereon.
26        A  duly  authenticated  copy  of  the  record of any such
27    alleged prior adjudication shall be prima facie  evidence  of
28    such  prior  adjudication  or  of  any  offense that involved
29    dishonesty or false statement.
30        Any claim that a previous  adjudication  offered  by  the
31    State's  Attorney  is not a former adjudication of an offense
32    which, had the minor been prosecuted as an adult, would  have
33    resulted  in  his  conviction  of  a felony or of any offense
34    that involved dishonesty or false statement, is waived unless
 
                            -118-              LRB9111041WHmb
 1    duly raised at the hearing on such  adjudication,  or  unless
 2    the   State's   Attorney's   proof   shows  that  such  prior
 3    adjudication was not based upon proof of what would have been
 4    a felony.
 5        (f)  Disposition.   If   the   court   finds   that   the
 6    prerequisites established in subsection (a) of  this  Section
 7    have  been  proven, it shall adjudicate the minor an Habitual
 8    Juvenile  Offender  and  commit  him  to  the  Department  of
 9    Corrections, Juvenile  Division,  until  his  21st  birthday,
10    without   possibility  of  parole, furlough, or non-emergency
11    authorized absence. However, the minor shall be  entitled  to
12    earn  one  day  of good conduct credit for each day served as
13    reductions against the period of his confinement.  Such  good
14    conduct  credits  shall be earned or revoked according to the
15    procedures applicable to the allowance and revocation of good
16    conduct  credit  for  adult  prisoners  serving   determinate
17    sentences for felonies.
18        For   purposes   of   determining  good  conduct  credit,
19    commitment  as  an  Habitual  Juvenile  Offender   shall   be
20    considered  a  determinate  commitment,  and  the  difference
21    between  the  date  of  the  commitment  and the minor's 21st
22    birthday shall be considered the determinate  period  of  his
23    confinement.
24    (Source: P.A. 90-590, eff. 1-1-99.)

25        (705 ILCS 405/5-820)
26        Sec. 5-820.  Violent Juvenile Offender.
27        (a)  Definition.    A   minor   having   been  previously
28    adjudicated a delinquent minor for an offense which,  had  he
29    or she been prosecuted as an adult, would have been a Class 2
30    or  greater  felony  involving  the use or threat of physical
31    force or violence against an  individual  or  a  Class  2  or
32    greater  felony  for  which  an  element  of  the  offense is
33    possession or  use  of  a  firearm,  and  who  is  thereafter
 
                            -119-              LRB9111041WHmb
 1    adjudicated  a  delinquent minor for a second time for any of
 2    those  offenses  shall  be  adjudicated  a  Violent  Juvenile
 3    Offender if:
 4             (1)  The  second  adjudication  is  for  an  offense
 5        occurring after adjudication on the first; and
 6             (2)  The second offense occurred on or after January
 7        1, 1995.
 8        (b)  Notice to minor.  The State  shall  serve  upon  the
 9    minor  written  notice  of  intention  to prosecute under the
10    provisions of this Section within  5  judicial  days  of  the
11    filing  of  a  delinquency  petition, adjudication upon which
12    would mandate the minor's disposition as a  Violent  Juvenile
13    Offender.
14        (c)  Petition; service.  A notice to seek adjudication as
15    a  Violent  Juvenile  Offender  shall  be  filed  only by the
16    State's Attorney.
17        The petition upon which  the  Violent  Juvenile  Offender
18    notice  is  based shall contain the information and averments
19    required for all other delinquency petitions filed under this
20    Act and its service shall be according to the  provisions  of
21    this Act.
22        No prior adjudication shall be alleged in the petition.
23        (d)  Trial.   Trial  on  the  petition  shall  be by jury
24    unless the minor demands, in open court and  with  advice  of
25    counsel, a trial by the court without a jury.
26        Except   as  otherwise  provided  in  this  Section,  the
27    provisions of this  Act  concerning  delinquency  proceedings
28    generally  shall  be  applicable to Violent Juvenile Offender
29    proceedings.
30        (e)  Proof of prior adjudications.  No evidence or  other
31    disclosure  of  prior adjudications shall be presented to the
32    court or jury during an  adjudicatory  hearing  provided  for
33    under  this  Section unless otherwise permitted by the issues
34    properly raised in that hearing.  In the event the minor  who
 
                            -120-              LRB9111041WHmb
 1    is  the subject of these proceedings elects to testify on his
 2    or her  own  behalf,  it  shall  be  competent  to  introduce
 3    evidence,  for  purposes  of  impeachment, that he or she has
 4    previously been adjudicated a  delinquent  minor  upon  facts
 5    which,  had  the  minor  been  tried  as an adult, would have
 6    resulted in the minor's conviction of  a  felony  or  of  any
 7    offense   that   involved   dishonesty  or  false  statement.
 8    Introduction of such evidence shall be according to the rules
 9    and procedures applicable to  the  impeachment  of  an  adult
10    defendant by prior conviction.
11        After  an  admission  of  the  facts  in  the petition or
12    adjudication of delinquency, the State's  Attorney  may  file
13    with  the  court  a  verified written statement signed by the
14    State's Attorney concerning  any  prior  adjudication  of  an
15    offense  set  forth  in  subsection  (a) of this Section that
16    would have been a felony or  of  any  offense  that  involved
17    dishonesty  or false statement had the minor been tried as an
18    adult.
19        The court shall then cause the minor to be brought before
20    it;  shall  inform  the  minor  of  the  allegations  of  the
21    statement so filed, of his or her right to a  hearing  before
22    the  court  on the issue of the prior adjudication and of his
23    or her right to counsel at the hearing; and unless the  minor
24    admits  the  adjudication, the court shall hear and determine
25    the issue, and shall make a written finding of the issue.
26        A duly authenticated copy of the record  of  any  alleged
27    prior adjudication shall be prima facie evidence of the prior
28    adjudication  or  of  any offense that involved dishonesty or
29    false statement.
30        Any claim that a previous  adjudication  offered  by  the
31    State's  Attorney  is not a former adjudication of an offense
32    which, had the minor been prosecuted as an adult, would  have
33    resulted  in  his  or  her conviction of a Class 2 or greater
34    felony involving the use or threat of force or violence, or a
 
                            -121-              LRB9111041WHmb
 1    firearm, a felony or of any offense that involved  dishonesty
 2    or  false  statement  is  waived  unless  duly  raised at the
 3    hearing on the adjudication, or unless the State's Attorney's
 4    proof shows that the prior adjudication was  not  based  upon
 5    proof of what would have been a felony.
 6        (f)  Disposition.    If   the   court   finds   that  the
 7    prerequisites established in subsection (a) of  this  Section
 8    have  been  proven,  it  shall adjudicate the minor a Violent
 9    Juvenile Offender and commit the minor to the  Department  of
10    Corrections,   Juvenile  Division,  until  his  or  her  21st
11    birthday,  without  possibility  of  parole,   furlough,   or
12    non-emergency  authorized  absence.  However, the minor shall
13    be entitled to earn one day of good conduct credit  for  each
14    day  served  as  reductions  against the period of his or her
15    confinement.  The good conduct credits  shall  be  earned  or
16    revoked   according  to  the  procedures  applicable  to  the
17    allowance and revocation of good  conduct  credit  for  adult
18    prisoners serving determinate sentences for felonies.
19        For   purposes   of   determining  good  conduct  credit,
20    commitment as a Violent Juvenile Offender shall be considered
21    a determinate commitment, and the difference between the date
22    of the commitment and the  minor's  21st  birthday  shall  be
23    considered the determinate period of his or her confinement.
24        (g)  Nothing  in  this Section shall preclude the State's
25    Attorney from seeking to prosecute  a  minor  as  a  habitual
26    juvenile  offender  or  as  an  adult  as  an  alternative to
27    prosecution as a Violent Juvenile Offender.
28        (h)  A  continuance  under  supervision   authorized   by
29    Section  5-615  of this Act shall not be permitted under this
30    Section.
31    (Source: P.A. 90-590, eff. 1-1-99.)

32         PART 9. CONFIDENTIALITY OF RECORDS AND EXPUNGEMENTS
 
                            -122-              LRB9111041WHmb
 1        (705 ILCS 405/5-901)
 2        Sec. 5-901.   Court file.
 3        (1)  The Court file with  respect  to  proceedings  under
 4    this  Article  shall  consist  of  the  petitions, pleadings,
 5    victim  impact  statements,  process,  service  of   process,
 6    orders, writs and docket entries reflecting hearings held and
 7    judgments  and  decrees entered by the court.  The court file
 8    shall be kept separate from other records of the court.
 9             (a)  The file, including information identifying the
10        victim or alleged victim of any  sex  offense,  shall  be
11        disclosed  only  to  the following parties when necessary
12        for discharge of their official duties:
13                  (i)  A judge of the circuit court  and  members
14             of the staff of the court designated by the judge;
15                  (ii)  Parties  to  the  proceedings  and  their
16             attorneys;
17                  (iii)  Victims  and  their attorneys, except in
18             cases of multiple victims of sex offenses  in  which
19             case  the  information identifying the nonrequesting
20             victims shall be redacted;
21                  (iv)  Probation   officers,   law   enforcement
22             officers or prosecutors or their staff;
23                  (v)  Adult and juvenile Prisoner Review Boards.
24             (b)  The  Court  file   redacted   to   remove   any
25        information  identifying  the victim or alleged victim of
26        any sex offense shall be disclosed only to the  following
27        parties  when  necessary  for discharge of their official
28        duties:
29                  (i)  Authorized military personnel;
30                  (ii)  Persons engaged in  bona  fide  research,
31             with  the  permission  of  the judge of the juvenile
32             court and the chief executive  of  the  agency  that
33             prepared  the  particular  recording:  provided that
34             publication  of  such   research   results   in   no
 
                            -123-              LRB9111041WHmb
 1             disclosure  of  a  minor's identity and protects the
 2             confidentiality of the record;
 3                  (iii)  The Secretary of State to whom the Clerk
 4             of the Court shall report  the  disposition  of  all
 5             cases,  as  required  in  Section  6-204  or Section
 6             6-205.1 of  the  Illinois  Vehicle  Code.   However,
 7             information  reported  relative  to  these  offenses
 8             shall  be  privileged  and  available  only  to  the
 9             Secretary of State, courts, and police officers;
10                  (iv)  The administrator of a bonafide substance
11             abuse student assistance program with the permission
12             of the presiding judge of the juvenile court;
13                  (v)  Any  individual,  or any public or private
14             agency  or  institution,  having  custody   of   the
15             juvenile under court order or providing educational,
16             medical or mental health services to the juvenile or
17             a  court-approved  advocate  for the juvenile or any
18             placement provider or potential  placement  provider
19             as determined by the court.
20        (3)  A  minor  who  is  the victim or alleged victim in a
21    juvenile   proceeding   shall   be    provided    the    same
22    confidentiality regarding disclosure of identity as the minor
23    who is the subject of record. Information identifying victims
24    and  alleged  victims of sex offenses, shall not be disclosed
25    or open to public inspection under any circumstances. Nothing
26    in this Section shall prohibit the victim or  alleged  victim
27    of  any  sex  offense  from voluntarily disclosing his or her
28    identity.
29        (4)  Relevant information, reports and records  shall  be
30    made  available  to  the  Department  of  Corrections  when a
31    juvenile offender has been  placed  in  the  custody  of  the
32    Department of Corrections, Juvenile Division.
33        (5)  Except as otherwise provided in this subsection (5),
34    juvenile  court  records  shall  not be made available to the
 
                            -124-              LRB9111041WHmb
 1    general public but may be  inspected  by  representatives  of
 2    agencies,  associations  and  news  media  or  other properly
 3    interested persons by general or special order of the  court.
 4    The State's Attorney, the minor, his or her parents, guardian
 5    and  counsel  shall  at  all  times have the right to examine
 6    court files and records.
 7             (a)  The court shall allow  the  general  public  to
 8        have  access to the name, address, and offense of a minor
 9        who is adjudicated a  delinquent  minor  under  this  Act
10        under either of the following circumstances:
11                  (i)  The  adjudication of delinquency was based
12             upon the minor's commission of first degree  murder,
13             attempt  to  commit  first degree murder, aggravated
14             criminal sexual assault, or criminal sexual assault;
15             or
16                  (ii)  The court has made  a  finding  that  the
17             minor  was  at least 13 years of age at the time the
18             act  was   committed   and   the   adjudication   of
19             delinquency  was  based  upon the minor's commission
20             of: (A) an act in furtherance of the commission of a
21             felony as a member of or on  behalf  of  a  criminal
22             street  gang,  (B)  an  act  involving  the use of a
23             firearm in the commission of a felony,  (C)  an  act
24             that  would be a Class X felony offense under or the
25             minor's second or  subsequent  Class  2  or  greater
26             felony  offense  under  the  Cannabis Control Act if
27             committed by an adult, (D) an act that  would  be  a
28             second  or  subsequent  offense under Section 402 of
29             the Illinois Controlled Substances Act if  committed
30             by  an adult, or (E) an act that would be an offense
31             under  Section  401  of  the   Illinois   Controlled
32             Substances Act if committed by an adult.
33             (b)  The  court  shall  allow  the general public to
34        have access to the name, address, and offense of a  minor
 
                            -125-              LRB9111041WHmb
 1        who  is  at least 13 years of age at the time the offense
 2        is  committed  and  who   is   convicted,   in   criminal
 3        proceedings  permitted  or  required under Section 5-805,
 4        under either of the following circumstances:
 5                  (i)  The minor  has  been  convicted  of  first
 6             degree   murder,  attempt  to  commit  first  degree
 7             murder,  aggravated  criminal  sexual  assault,   or
 8             criminal sexual assault,
 9                  (ii)  The  court  has  made  a finding that the
10             minor was at least 13 years of age at the  time  the
11             offense  was  committed and the conviction was based
12             upon the minor's commission of: (A)  an  offense  in
13             furtherance  of  the  commission  of  a  felony as a
14             member of or on behalf of a  criminal  street  gang,
15             (B) an offense involving the use of a firearm in the
16             commission of a felony, (C) a Class X felony offense
17             under  the  Cannabis  Control  Act  or  a  second or
18             subsequent Class 2 or greater felony  offense  under
19             the Cannabis Control Act, (D) a second or subsequent
20             offense under Section 402 of the Illinois Controlled
21             Substances  Act, or (E) an offense under Section 401
22             of the Illinois Controlled Substances Act.
23        (6)  Nothing in this Section shall be construed to  limit
24    the  use  of a adjudication of delinquency as evidence in any
25    juvenile or criminal proceeding, where it would otherwise  be
26    admissible  under  the  rules  of evidence, including but not
27    limited to, use as impeachment evidence against any  witness,
28    including the minor if he or she testifies.
29        (7)  Nothing  in this Section shall affect the right of a
30    Civil Service Commission or  appointing  authority  examining
31    the character and fitness of an applicant for a position as a
32    law  enforcement  officer to ascertain whether that applicant
33    was ever adjudicated to be a delinquent minor and, if so,  to
34    examine   the   records   or  evidence  which  were  made  in
 
                            -126-              LRB9111041WHmb
 1    proceedings under this Act.
 2        (8)  Following any  adjudication  of  delinquency  for  a
 3    crime  which  would  be a felony if committed by an adult, or
 4    following any adjudication of delinquency for a violation  of
 5    Section  24-1,  24-3, 24-3.1, or 24-5 of the Criminal Code of
 6    1961, the State's Attorney shall ascertain whether the  minor
 7    respondent  is enrolled in school and, if so, shall provide a
 8    copy of the  sentencing  order  to  the  principal  or  chief
 9    administrative   officer  of  the  school.   Access  to  such
10    juvenile records shall be limited to the principal  or  chief
11    administrative   officer  of  the  school  and  any  guidance
12    counselor designated by him or her.
13        (9)  Nothing contained in this Act prevents  the  sharing
14    or   disclosure   of   information  or  records  relating  or
15    pertaining to juveniles subject  to  the  provisions  of  the
16    Serious  Habitual  Offender Comprehensive Action Program when
17    that  information  is   used   to   assist   in   the   early
18    identification and treatment of habitual juvenile offenders.
19        (11)  The  Clerk of the Circuit Court shall report to the
20    Department of State Police, in the form and  manner  required
21    by  the  Department of State Police, the final disposition of
22    each minor who has been arrested or taken into custody before
23    his or her 17th birthday for those offenses  required  to  be
24    reported  under Section 5 of the Criminal Identification Act.
25    Information reported to the Department under this Section may
26    be maintained with records that the  Department  files  under
27    Section 2.1 of the Criminal Identification Act.
28        (12)  Information  or  records  may  be  disclosed to the
29    general public when the court is  conducting  hearings  under
30    Section 5-805 or 5-810.
31    (Source: P.A. 90-590, eff. 1-1-99.)

32        (705 ILCS 405/5-905)
33        Sec. 5-905.  Law enforcement records.
 
                            -127-              LRB9111041WHmb
 1        (1)  Law  Enforcement  Records. Inspection and copying of
 2    law  enforcement  records  maintained  by   law   enforcement
 3    agencies  that  relate  to  a  minor who has been arrested or
 4    taken into custody before his or her 17th birthday  shall  be
 5    restricted  to  the  following  and  when  necessary  for the
 6    discharge of their official duties:
 7             (a)  A judge of the circuit court and members of the
 8        staff of the court designated by the judge;
 9             (b)  Law enforcement officers, probation officers or
10        prosecutors or their staff;
11             (c)  The  minor,  the  minor's  parents   or   legal
12        guardian  and their attorneys, but only when the juvenile
13        has been charged with an offense;
14             (d)  Adult and Juvenile Prisoner Review Boards;
15             (e)  Authorized military personnel;
16             (f)  Persons engaged in bona fide research, with the
17        permission of the judge of juvenile court and  the  chief
18        executive  of  the  agency  that  prepared the particular
19        recording:  provided that publication  of  such  research
20        results  in  no  disclosure  of  a  minor's  identity and
21        protects the confidentiality of the record;
22             (g)  Individuals  responsible  for  supervising   or
23        providing  temporary  or  permanent  care  and custody of
24        minors pursuant  to  orders  of  the  juvenile  court  or
25        directives  from  officials of the Department of Children
26        and Family Services or the Department of  Human  Services
27        who  certify  in writing that the information will not be
28        disclosed to any other party except as provided under law
29        or order of court;
30             (h)  The appropriate  school  official.   Inspection
31        and  copying  shall be limited to law enforcement records
32        transmitted to the appropriate school official by a local
33        law  enforcement  agency  under  a  reciprocal  reporting
34        system established  and  maintained  between  the  school
 
                            -128-              LRB9111041WHmb
 1        district  and  the  local  law  enforcement  agency under
 2        Section 10-20.14 of the School Code  concerning  a  minor
 3        enrolled  in  a school within the school district who has
 4        been arrested for any offense classified as a felony or a
 5        Class A or B misdemeanor.
 6        (2)  Information identifying victims and alleged  victims
 7    of  sex  offenses,  shall  not be disclosed or open to public
 8    inspection under any circumstances. Nothing in  this  Section
 9    shall  prohibit  the  victim  or  alleged  victim  of any sex
10    offense from voluntarily disclosing his or her identity.
11        (3)  Relevant information, reports and records  shall  be
12    made  available  to  the  Department  of  Corrections  when a
13    juvenile offender has been  placed  in  the  custody  of  the
14    Department of Corrections, Juvenile Division.
15        (4)  Nothing   in   this   Section   shall  prohibit  the
16    inspection  or  disclosure  to  victims  and   witnesses   of
17    photographs  contained  in  the  records  of  law enforcement
18    agencies when the inspection or disclosure  is  conducted  in
19    the  presence  of  a  law enforcement officer for purposes of
20    identification or apprehension of any person in the course of
21    any criminal investigation or prosecution.
22        (5)  The records of law enforcement  officers  concerning
23    all  minors under 17 years of age must be maintained separate
24    from the records of adults and may  not  be  open  to  public
25    inspection  or  their contents disclosed to the public except
26    by order of the court or when  the  institution  of  criminal
27    proceedings  has  been permitted under Section 5-130 or 5-805
28    or required under Section 5-130 or 5-805 or such a person has
29    been convicted of a crime and is the subject of  pre-sentence
30    investigation or when provided by law.
31        (6)  Except as otherwise provided in this subsection (6),
32    law enforcement officers may not disclose the identity of any
33    minor  in  releasing  information to the general public as to
34    the  arrest,  investigation  or  disposition  of   any   case
 
                            -129-              LRB9111041WHmb
 1    involving  a minor. Any victim or parent or legal guardian of
 2    a victim may petition the court  to  disclose  the  name  and
 3    address  of  the  minor  and  the  minor's  parents  or legal
 4    guardian, or both.  Upon a finding by  clear  and  convincing
 5    evidence  that  the  disclosure  is  either necessary for the
 6    victim to pursue a civil remedy  against  the  minor  or  the
 7    minor's parents or legal guardian, or both, or to protect the
 8    victim's  person  or  property from the minor, then the court
 9    may order the disclosure of the information to the victim  or
10    to  the  parent  or legal guardian of the victim only for the
11    purpose of the victim pursuing a  civil  remedy  against  the
12    minor  or  the minor's parents or legal guardian, or both, or
13    to protect the victim's person or property from the minor.
14        (7)  Nothing contained in this Section shall prohibit law
15    enforcement agencies when acting in their  official  capacity
16    from  communicating  with  each  other by letter, memorandum,
17    teletype or intelligence alert bulletin or  other  means  the
18    identity or other relevant information pertaining to a person
19    under  17  years of age.  The information provided under this
20    subsection (7) shall remain confidential  and  shall  not  be
21    publicly disclosed, except as otherwise allowed by law.
22        (8)  No  person  shall  disclose  information  under this
23    Section except when acting in his or  her  official  capacity
24    and as provided by law or order of court.
25    (Source: P.A. 90-590, eff. 1-1-99; 91-479, eff. 1-1-00.)

26        (705 ILCS 405/5-910)
27        Sec. 5-910.  Social, psychological and medical records.
28        (1)  The  social investigation, psychological and medical
29    records of any juvenile  offender  shall  be  privileged  and
30    shall not be disclosed except:
31             (a)  upon the written consent of the former juvenile
32        or, if the juvenile offender is under 18 years of age, by
33        the parent of the juvenile; or
 
                            -130-              LRB9111041WHmb
 1             (b)  upon   a  determination  by  the  head  of  the
 2        treatment facility, who has the records, that  disclosure
 3        to  another individual or facility providing treatment to
 4        the minor is necessary for the further treatment  of  the
 5        juvenile offender; or
 6             (c)  when  any  court  having  jurisdiction  of  the
 7        juvenile offender orders disclosure; or
 8             (d)  when requested by any attorney representing the
 9        juvenile  offender,  but the records shall not be further
10        disclosed by the attorney unless approved by the court or
11        presented as admissible evidence; or
12             (e)  upon a written request of a juvenile  probation
13        officer  in  regard  to an alleged juvenile offender when
14        the information is needed for  screening  and  assessment
15        purposes,  for  preparation  of a social investigation or
16        presentence investigation, or  placement  decisions;  but
17        the  records  shall  not  be  further  disclosed  by  the
18        probation officer unless approved by the court; or
19             (f)  when  the  State's  Attorney requests a copy of
20        the social investigation for use at a sentencing  hearing
21        or  upon  written  request  of  the  State's Attorney for
22        psychological or medical records when the minor  contests
23        his fitness for trial or relies on an affirmative defense
24        of intoxication or insanity.
25        (2)  Willful  violation  of  this  Section  is  a Class C
26    misdemeanor.
27        (3)  Nothing in this Section shall operate to  extinguish
28    any   rights   of   a   juvenile   offender   established  by
29    attorney-client,  physician-patient,  psychologist-client  or
30    social worker-client privileges except as otherwise  provided
31    by law.
32    (Source: P.A. 90-590, eff. 1-1-99.)

33        (705 ILCS 405/5-915)
 
                            -131-              LRB9111041WHmb
 1        Sec.  5-915.  Expungement of law enforcement and juvenile
 2    court records.
 3        (1)  Whenever any person has attained the age  of  17  or
 4    whenever  all  juvenile  court  proceedings  relating to that
 5    person have been terminated, whichever is later,  the  person
 6    may  petition  the  court  to expunge law enforcement records
 7    relating to  incidents  occurring  before  his  or  her  17th
 8    birthday  or  his or her juvenile court records, or both, but
 9    only in the following circumstances:
10             (a)  the minor was  arrested  and  no  petition  for
11        delinquency  was  filed  with  the  clerk  of the circuit
12        court; or
13             (b)  the minor was charged with an offense  and  was
14        found not delinquent of that offense; or
15             (c)  the minor was placed under supervision pursuant
16        to  Section 5-615, and the order of supervision has since
17        been successfully terminated; or
18             (d)  the minor was adjudicated for an offense  which
19        would be a Class B misdemeanor if committed by an adult.
20        (2)  Any person may petition the court to expunge all law
21    enforcement  records  relating  to  any  incidents  occurring
22    before  his  or  her  17th  birthday  which did not result in
23    proceedings in criminal court and all juvenile court  records
24    with  respect  to  any  adjudications except those based upon
25    first degree murder and sex offenses which would be  felonies
26    if  committed by an adult, if the person for whom expungement
27    is sought has had no convictions for any crime since  his  or
28    her 17th birthday and:
29             (a)  has attained the age of 21 years; or
30             (b)  5  years  have elapsed since all juvenile court
31        proceedings relating to him or her have  been  terminated
32        or   his   or   her   commitment  to  the  Department  of
33        Corrections, Juvenile Division pursuant to this  Act  has
34        been terminated;
 
                            -132-              LRB9111041WHmb
 1    whichever is later of (a) or (b).
 2        (3)  The  chief  judge  of the circuit in which an arrest
 3    was made or a charge was brought or any judge of that circuit
 4    designated by the chief judge may, upon verified petition  of
 5    a  person who is the subject of an arrest or a juvenile court
 6    proceeding under subsection (1) or (2) of this Section, order
 7    the law enforcement records or official court file, or  both,
 8    to  be  expunged  from  the official records of the arresting
 9    authority, the clerk of the circuit court and the  Department
10    of State Police.  Notice of the petition shall be served upon
11    the  State's  Attorney and upon the arresting authority which
12    is the subject of the petition for expungement.
13        (4)  Upon entry of an order expunging records  or  files,
14    the  offense,  which  the  records  or files concern shall be
15    treated as if it never occurred. Law enforcement officers and
16    other public offices and agencies  shall  properly  reply  on
17    inquiry  that  no  record  or file exists with respect to the
18    person.
19        (5)  Records which have not been expunged are sealed, and
20    may be obtained only under the provisions of Sections  5-901,
21    5-905 and 5-915.
22        (6)  Nothing  in  this  Section  shall  be  construed  to
23    prohibit  the  maintenance  of  information  relating  to  an
24    offense  after  records  or files concerning the offense have
25    been expunged if the information is kept  in  a  manner  that
26    does   not  enable  identification  of  the  offender.   This
27    information may only be used for statistical  and  bona  fide
28    research purposes.
29    (Source: P.A. 90-590, eff. 1-1-99.)

30        Section  95.   No  acceleration or delay.  Where this Act
31    makes changes in a statute that is represented in this Act by
32    text that is not yet or no longer in effect (for  example,  a
33    Section  represented  by  multiple versions), the use of that
 
                            -133-              LRB9111041WHmb
 1    text does not accelerate or delay the taking  effect  of  (i)
 2    the  changes made by this Act or (ii) provisions derived from
 3    any other Public Act.

 4        Section 96.  Severability.  The provisions  of  this  Act
 5    are severable under Section 1.31 of the Statute on Statutes.

 6        Section  99.  Effective date.  This Act takes effect upon
 7    becoming law.
 
                            -134-              LRB9111041WHmb
 1                                INDEX
 2               Statutes amended in order of appearance
 3    705 ILCS 405/5-101
 4    705 ILCS 405/5-105
 5    705 ILCS 405/5-110
 6    705 ILCS 405/5-115
 7    705 ILCS 405/5-120
 8    705 ILCS 405/5-125
 9    705 ILCS 405/5-130
10    705 ILCS 405/5-135
11    705 ILCS 405/5-140
12    705 ILCS 405/5-145
13    705 ILCS 405/5-150
14    705 ILCS 405/5-155
15    705 ILCS 405/5-201
16    705 ILCS 405/5-300
17    705 ILCS 405/5-301
18    705 ILCS 405/5-305
19    705 ILCS 405/5-310
20    705 ILCS 405/5-315
21    705 ILCS 405/5-325
22    705 ILCS 405/5-330
23    705 ILCS 405/5-401
24    705 ILCS 405/5-405
25    705 ILCS 405/5-410
26    705 ILCS 405/5-407
27    705 ILCS 405/5-415
28    705 ILCS 405/5-501
29    705 ILCS 405/5-505
30    705 ILCS 405/5-510
31    705 ILCS 405/5-515
32    705 ILCS 405/5-520
33    705 ILCS 405/5-525
34    705 ILCS 405/5-530
 
                            -135-              LRB9111041WHmb
 1    705 ILCS 405/5-601
 2    705 ILCS 405/5-605
 3    705 ILCS 405/5-610
 4    705 ILCS 405/5-615
 5    705 ILCS 405/5-620
 6    705 ILCS 405/5-625
 7    705 ILCS 405/5-701
 8    705 ILCS 405/5-705
 9    705 ILCS 405/5-710
10    705 ILCS 405/5-715
11    705 ILCS 405/5-720
12    705 ILCS 405/5-725
13    705 ILCS 405/5-730
14    705 ILCS 405/5-735
15    705 ILCS 405/5-740
16    705 ILCS 405/5-745
17    705 ILCS 405/5-750
18    705 ILCS 405/5-755
19    705 ILCS 405/5-801
20    705 ILCS 405/5-805
21    705 ILCS 405/5-810
22    705 ILCS 405/5-815
23    705 ILCS 405/5-820
24    705 ILCS 405/5-901
25    705 ILCS 405/5-905
26    705 ILCS 405/5-910
27    705 ILCS 405/5-915

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