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91_SB1360eng SB1360 Engrossed LRB9111041WHmb 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, SB1360 Engrossed -2- LRB9111041WHmb 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 SB1360 Engrossed -3- LRB9111041WHmb 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. SB1360 Engrossed -4- LRB9111041WHmb 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 SB1360 Engrossed -5- LRB9111041WHmb 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 SB1360 Engrossed -6- LRB9111041WHmb 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 SB1360 Engrossed -7- LRB9111041WHmb 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 SB1360 Engrossed -8- LRB9111041WHmb 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.) SB1360 Engrossed -9- LRB9111041WHmb 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.) SB1360 Engrossed -10- LRB9111041WHmb 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 SB1360 Engrossed -11- LRB9111041WHmb 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 SB1360 Engrossed -12- LRB9111041WHmb 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 SB1360 Engrossed -13- LRB9111041WHmb 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 SB1360 Engrossed -14- LRB9111041WHmb 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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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.) SB1360 Engrossed -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. SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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. SB1360 Engrossed -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) SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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, SB1360 Engrossed -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 SB1360 Engrossed -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.) SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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; SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 SB1360 Engrossed -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 s