Public Act 90-0590 of the 90th General Assembly
Public Act 90-0590
SB363 Re-enrolled LRB9002769NTsb
AN ACT in relation to juveniles, which may be referred to
as the Juvenile Justice Reform Provisions of 1998.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
ARTICLE 1001. JUVENILE RECORDS
Section 1001-5. The Children and Family Services Act is
amended by changing Section 35.1 as follows:
(20 ILCS 505/35.1) (from Ch. 23, par. 5035.1)
Sec. 35.1. The case and clinical records of patients in
Department supervised facilities, wards of the Department,
children receiving or applying for child welfare services,
persons receiving or applying for other services of the
Department, and Department reports of injury or abuse to
children shall not be open to the general public. Such case
and clinical records and reports or the information contained
therein shall be disclosed by the Director of the Department
to juvenile authorities when necessary for the discharge of
their official duties who request information concerning the
minor and who certify in writing that the information will
not be disclosed to any other party except as provided under
law or order of court. For purposes of this Section,
"juvenile authorities" means: (i) a judge of the circuit
court and members of the staff of the court designated by the
judge; (ii) parties to the proceedings under the Juvenile
Court Act of 1987 and their attorneys; (iii) probation
officers and court appointed advocates for the juvenile
authorized by the judge hearing the case; (iv) any
individual, public or private agency having custody of the
child pursuant to court order; (v) any individual, public or
private agency providing education, medical or mental health
service to the child when the requested information is needed
to determine the appropriate service or treatment for the
minor; (vi) any potential placement provider when such
release is authorized by the court for the limited purpose of
determining the appropriateness of the potential placement;
(vii) law enforcement officers and prosecutors; (viii) adult
and juvenile prisoner review boards; (ix) authorized military
personnel; (x) only to proper law enforcement officials,
individuals authorized by court; (xi), the Illinois General
Assembly or any committee or commission thereof, and to such
other persons and for such reasons as the Director shall
designate by rule or regulation. This Section does not apply
to the Department's fiscal records, other records of a purely
administrative nature, or any forms, documents or other
records required of facilities subject to licensure by the
Department except as may otherwise be provided under the
Child Care Act of 1969.
Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining
to juveniles subject to the provisions of the Serious
Habitual Offender Comprehensive Action Program when that
information is used to assist in the early identification and
treatment of habitual juvenile offenders.
Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining
to the death of a minor under the care of or receiving
services from the Department and under the jurisdiction of
the juvenile court with the juvenile court, the State's
Attorney, and the minor's attorney.
Nothing contained in this Section prohibits or prevents
any individual dealing with or providing services to a minor
from sharing information with another individual dealing with
or providing services to a minor for the purpose of
coordinating efforts on behalf of the minor. The sharing of
such information is only for the purpose stated herein and is
to be consistent with the intent and purpose of the
confidentiality provisions of the Juvenile Court Act of 1987.
This provision does not abrogate any recognized privilege.
Sharing information does not include copying of records,
reports or case files unless authorized herein.
(Source: P.A. 90-15, eff. 6-13-97.)
Section 1001-10. The Civil Administrative Code of
Illinois is amended by changing Section 55a as follows:
(20 ILCS 2605/55a) (from Ch. 127, par. 55a)
(Text of Section before amendment by P.A. 90-372)
Sec. 55a. Powers and duties.
(A) The Department of State Police shall have the
following powers and duties, and those set forth in Sections
55a-1 through 55c:
1. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Act.
2. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Radio Act.
3. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Criminal Identification Act.
4. To (a) investigate the origins, activities, personnel
and incidents of crime and the ways and means to redress the
victims of crimes, and study the impact, if any, of
legislation relative to the effusion of crime and growing
crime rates, and enforce the criminal laws of this State
related thereto, (b) enforce all laws regulating the
production, sale, prescribing, manufacturing, administering,
transporting, having in possession, dispensing, delivering,
distributing, or use of controlled substances and cannabis,
(c) employ skilled experts, scientists, technicians,
investigators or otherwise specially qualified persons to aid
in preventing or detecting crime, apprehending criminals, or
preparing and presenting evidence of violations of the
criminal laws of the State, (d) cooperate with the police of
cities, villages and incorporated towns, and with the police
officers of any county, in enforcing the laws of the State
and in making arrests and recovering property, (e) apprehend
and deliver up any person charged in this State or any other
State of the United States with treason, felony, or other
crime, who has fled from justice and is found in this State,
and (f) conduct such other investigations as may be provided
by law. Persons exercising these powers within the Department
are conservators of the peace and as such have all the powers
possessed by policemen in cities and sheriffs, except that
they may exercise such powers anywhere in the State in
cooperation with and after contact with the local law
enforcement officials. Such persons may use false or
fictitious names in the performance of their duties under
this paragraph, upon approval of the Director, and shall not
be subject to prosecution under the criminal laws for such
use.
5. To: (a) be a central repository and custodian of
criminal statistics for the State, (b) be a central
repository for criminal history record information, (c)
procure and file for record such information as is necessary
and helpful to plan programs of crime prevention, law
enforcement and criminal justice, (d) procure and file for
record such copies of fingerprints, as may be required by
law, (e) establish general and field crime laboratories, (f)
register and file for record such information as may be
required by law for the issuance of firearm owner's
identification cards, (g) employ polygraph operators,
laboratory technicians and other specially qualified persons
to aid in the identification of criminal activity, and (h)
undertake such other identification, information, laboratory,
statistical or registration activities as may be required by
law.
6. To (a) acquire and operate one or more radio
broadcasting stations in the State to be used for police
purposes, (b) operate a statewide communications network to
gather and disseminate information for law enforcement
agencies, (c) operate an electronic data processing and
computer center for the storage and retrieval of data
pertaining to criminal activity, and (d) undertake such other
communication activities as may be required by law.
7. To provide, as may be required by law, assistance to
local law enforcement agencies through (a) training,
management and consultant services for local law enforcement
agencies, and (b) the pursuit of research and the publication
of studies pertaining to local law enforcement activities.
8. To exercise the rights, powers and duties which have
been vested in the Department of State Police and the
Director of the Department of State Police by the Narcotic
Control Division Abolition Act.
9. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Illinois Vehicle Code.
10. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the Firearm
Owners Identification Card Act.
11. To enforce and administer such other laws in
relation to law enforcement as may be vested in the
Department.
12. To transfer jurisdiction of any realty title to
which is held by the State of Illinois under the control of
the Department to any other department of the State
government or to the State Employees Housing Commission, or
to acquire or accept Federal land, when such transfer,
acquisition or acceptance is advantageous to the State and is
approved in writing by the Governor.
13. With the written approval of the Governor, to enter
into agreements with other departments created by this Act,
for the furlough of inmates of the penitentiary to such other
departments for their use in research programs being
conducted by them.
For the purpose of participating in such research
projects, the Department may extend the limits of any
inmate's place of confinement, when there is reasonable cause
to believe that the inmate will honor his or her trust by
authorizing the inmate, under prescribed conditions, to leave
the confines of the place unaccompanied by a custodial agent
of the Department. The Department shall make rules governing
the transfer of the inmate to the requesting other department
having the approved research project, and the return of such
inmate to the unextended confines of the penitentiary. Such
transfer shall be made only with the consent of the inmate.
The willful failure of a prisoner to remain within the
extended limits of his or her confinement or to return within
the time or manner prescribed to the place of confinement
designated by the Department in granting such extension shall
be deemed an escape from custody of the Department and
punishable as provided in Section 3-6-4 of the Unified Code
of Corrections.
14. To provide investigative services, with all of the
powers possessed by policemen in cities and sheriffs, in and
around all race tracks subject to the Horse Racing Act of
1975.
15. To expend such sums as the Director deems necessary
from Contractual Services appropriations for the Division of
Criminal Investigation for the purchase of evidence and for
the employment of persons to obtain evidence. Such sums shall
be advanced to agents authorized by the Director to expend
funds, on vouchers signed by the Director.
16. To assist victims and witnesses in gang crime
prosecutions through the administration of funds appropriated
from the Gang Violence Victims and Witnesses Fund to the
Department. Such funds shall be appropriated to the
Department and shall only be used to assist victims and
witnesses in gang crime prosecutions and such assistance may
include any of the following:
(a) temporary living costs;
(b) moving expenses;
(c) closing costs on the sale of private residence;
(d) first month's rent;
(e) security deposits;
(f) apartment location assistance;
(g) other expenses which the Department considers
appropriate; and
(h) compensation for any loss of or injury to real
or personal property resulting from a gang crime to a
maximum of $5,000, subject to the following provisions:
(1) in the case of loss of property, the
amount of compensation shall be measured by the
replacement cost of similar or like property which
has been incurred by and which is substantiated by
the property owner,
(2) in the case of injury to property, the
amount of compensation shall be measured by the cost
of repair incurred and which can be substantiated by
the property owner,
(3) compensation under this provision is a
secondary source of compensation and shall be
reduced by any amount the property owner receives
from any other source as compensation for the loss
or injury, including, but not limited to, personal
insurance coverage,
(4) no compensation may be awarded if the
property owner was an offender or an accomplice of
the offender, or if the award would unjustly benefit
the offender or offenders, or an accomplice of the
offender or offenders.
No victim or witness may receive such assistance if he or
she is not a part of or fails to fully cooperate in the
prosecution of gang crime members by law enforcement
authorities.
The Department shall promulgate any rules necessary for
the implementation of this amendatory Act of 1985.
17. To conduct arson investigations.
18. To develop a separate statewide statistical police
contact record keeping system for the study of juvenile
delinquency. The records of this police contact system shall
be limited to statistical information. No individually
identifiable information shall be maintained in the police
contact statistical record system.
19. To develop a separate statewide central adjudicatory
and dispositional records system for persons under 19 years
of age who have been adjudicated delinquent minors and to
make information available to local registered participating
juvenile police youth officers so that juvenile police youth
officers will be able to obtain rapid access to the
juvenile's background from other jurisdictions to the end
that the juvenile police youth officers can make appropriate
dispositions which will best serve the interest of the child
and the community. Information maintained in the
adjudicatory and dispositional record system shall be limited
to the incidents or offenses for which the minor was
adjudicated delinquent by a court, and a copy of the court's
dispositional order. All individually identifiable records
in the adjudicatory and dispositional records system shall be
destroyed when the person reaches 19 years of age.
20. To develop rules which guarantee the confidentiality
of such individually identifiable adjudicatory and
dispositional records except when used for the following:
(a) by authorized juvenile court personnel or the
State's Attorney in connection with proceedings under the
Juvenile Court Act of 1987; or
(b) inquiries from registered juvenile police youth
officers.
For the purposes of this Act "juvenile police youth
officer" means a member of a duly organized State, county or
municipal police force who is assigned by his or her
Superintendent, Sheriff or chief of police, as the case may
be, to specialize in youth problems.
21. To develop administrative rules and administrative
hearing procedures which allow a minor, his or her attorney,
and his or her parents or guardian access to individually
identifiable adjudicatory and dispositional records for the
purpose of determining or challenging the accuracy of the
records. Final administrative decisions shall be subject to
the provisions of the Administrative Review Law.
22. To charge, collect, and receive fees or moneys
equivalent to the cost of providing Department of State
Police personnel, equipment, and services to local
governmental agencies when explicitly requested by a local
governmental agency and pursuant to an intergovernmental
agreement as provided by this Section, other State agencies,
and federal agencies, including but not limited to fees or
moneys equivalent to the cost of providing dispatching
services, radio and radar repair, and training to local
governmental agencies on such terms and conditions as in the
judgment of the Director are in the best interest of the
State; and to establish, charge, collect and receive fees or
moneys based on the cost of providing responses to requests
for criminal history record information pursuant to positive
identification and any Illinois or federal law authorizing
access to some aspect of such information and to prescribe
the form and manner for requesting and furnishing such
information to the requestor on such terms and conditions as
in the judgment of the Director are in the best interest of
the State, provided fees for requesting and furnishing
criminal history record information may be waived for
requests in the due administration of the criminal laws. The
Department may also charge, collect and receive fees or
moneys equivalent to the cost of providing electronic data
processing lines or related telecommunication services to
local governments, but only when such services can be
provided by the Department at a cost less than that
experienced by said local governments through other means.
All services provided by the Department shall be conducted
pursuant to contracts in accordance with the
Intergovernmental Cooperation Act, and all telecommunication
services shall be provided pursuant to the provisions of
Section 67.18 of this Code.
All fees received by the Department of State Police under
this Act or the Illinois Uniform Conviction Information Act
shall be deposited in a special fund in the State Treasury to
be known as the State Police Services Fund. The money
deposited in the State Police Services Fund shall be
appropriated to the Department of State Police for expenses
of the Department of State Police.
In addition to any other permitted use of moneys in the
Fund, and notwithstanding any restriction on the use of the
Fund, moneys in the State Police Services Fund may be
transferred to the General Revenue Fund as authorized by this
amendatory Act of 1992. The General Assembly finds that an
excess of moneys exists in the Fund. On February 1, 1992,
the Comptroller shall order transferred and the Treasurer
shall transfer $500,000 (or such lesser amount as may be on
deposit in the Fund and unexpended and unobligated on that
date) from the Fund to the General Revenue Fund.
Upon the completion of any audit of the Department of
State Police as prescribed by the Illinois State Auditing
Act, which audit includes an audit of the State Police
Services Fund, the Department of State Police shall make the
audit open to inspection by any interested person.
23. To exercise the powers and perform the duties which
have been vested in the Department of State Police by the
Intergovernmental Missing Child Recovery Act of 1984, and to
establish reasonable rules and regulations necessitated
thereby.
24. (a) To establish and maintain a statewide Law
Enforcement Agencies Data System (LEADS) for the purpose of
providing electronic access by authorized entities to
criminal justice data repositories and effecting an immediate
law enforcement response to reports of missing persons,
including lost, missing or runaway minors. The Department
shall implement an automatic data exchange system to compile,
to maintain and to make available to other law enforcement
agencies for immediate dissemination data which can assist
appropriate agencies in recovering missing persons and
provide access by authorized entities to various data
repositories available through LEADS for criminal justice and
related purposes. To help assist the Department in this
effort, funds may be appropriated from the LEADS Maintenance
Fund.
(b) In exercising its duties under this subsection, the
Department shall:
(1) provide a uniform reporting format for the
entry of pertinent information regarding the report of a
missing person into LEADS;
(2) develop and implement a policy whereby a
statewide or regional alert would be used in situations
relating to the disappearances of individuals, based on
criteria and in a format established by the Department.
Such a format shall include, but not be limited to, the
age of the missing person and the suspected circumstance
of the disappearance;
(3) notify all law enforcement agencies that
reports of missing persons shall be entered as soon as
the minimum level of data specified by the Department is
available to the reporting agency, and that no waiting
period for the entry of such data exists;
(4) compile and retain information regarding lost,
abducted, missing or runaway minors in a separate data
file, in a manner that allows such information to be used
by law enforcement and other agencies deemed appropriate
by the Director, for investigative purposes. Such
information shall include the disposition of all reported
lost, abducted, missing or runaway minor cases;
(5) compile and maintain an historic data
repository relating to lost, abducted, missing or runaway
minors and other missing persons in order to develop and
improve techniques utilized by law enforcement agencies
when responding to reports of missing persons; and
(6) create a quality control program regarding
confirmation of missing person data, timeliness of
entries of missing person reports into LEADS and
performance audits of all entering agencies.
25. On request of a school board or regional
superintendent of schools, to conduct an inquiry pursuant to
Section 10-21.9 or 34-18.5 of the School Code to ascertain if
an applicant for employment in a school district has been
convicted of any criminal or drug offenses enumerated in
Section 10-21.9 or 34-18.5 of the School Code. The
Department shall furnish such conviction information to the
President of the school board of the school district which
has requested the information, or if the information was
requested by the regional superintendent to that regional
superintendent.
26. To promulgate rules and regulations necessary for
the administration and enforcement of its powers and duties,
wherever granted and imposed, pursuant to the Illinois
Administrative Procedure Act.
27. To (a) promulgate rules pertaining to the
certification, revocation of certification and training of
law enforcement officers as electronic criminal surveillance
officers, (b) provide training and technical assistance to
State's Attorneys and local law enforcement agencies
pertaining to the interception of private oral
communications, (c) promulgate rules necessary for the
administration of Article 108B of the Code of Criminal
Procedure of 1963, including but not limited to standards for
recording and minimization of electronic criminal
surveillance intercepts, documentation required to be
maintained during an intercept, procedures in relation to
evidence developed by an intercept, and (d) charge a
reasonable fee to each law enforcement agency that sends
officers to receive training as electronic criminal
surveillance officers.
28. Upon the request of any private organization which
devotes a major portion of its time to the provision of
recreational, social, educational or child safety services to
children, to conduct, pursuant to positive identification,
criminal background investigations of all of that
organization's current employees, current volunteers,
prospective employees or prospective volunteers charged with
the care and custody of children during the provision of the
organization's services, and to report to the requesting
organization any record of convictions maintained in the
Department's files about such persons. The Department shall
charge an application fee, based on actual costs, for the
dissemination of conviction information pursuant to this
subsection. The Department is empowered to establish this
fee and shall prescribe the form and manner for requesting
and furnishing conviction information pursuant to this
subsection. Information received by the organization from the
Department concerning an individual shall be provided to such
individual. Any such information obtained by the
organization shall be confidential and may not be transmitted
outside the organization and may not be transmitted to anyone
within the organization except as needed for the purpose of
evaluating the individual. Only information and standards
which bear a reasonable and rational relation to the
performance of child care shall be used by the organization.
Any employee of the Department or any member, employee or
volunteer of the organization receiving confidential
information under this subsection who gives or causes to be
given any confidential information concerning any criminal
convictions of an individual shall be guilty of a Class A
misdemeanor unless release of such information is authorized
by this subsection.
29. Upon the request of the Department of Children and
Family Services, to investigate reports of child abuse or
neglect.
30. To obtain registration of a fictitious vital record
pursuant to Section 15.1 of the Vital Records Act.
31. To collect and disseminate information relating to
"hate crimes" as defined under Section 12-7.1 of the Criminal
Code of 1961 contingent upon the availability of State or
Federal funds to revise and upgrade the Illinois Uniform
Crime Reporting System. All law enforcement agencies shall
report monthly to the Department of State Police concerning
such offenses in such form and in such manner as may be
prescribed by rules and regulations adopted by the Department
of State Police. Such information shall be compiled by the
Department and be disseminated upon request to any local law
enforcement agency, unit of local government, or state
agency. Dissemination of such information shall be subject
to all confidentiality requirements otherwise imposed by law.
The Department of State Police shall provide training for
State Police officers in identifying, responding to, and
reporting all hate crimes. The Illinois Local Governmental
Law Enforcement Officer's Training Board shall develop and
certify a course of such training to be made available to
local law enforcement officers.
32. Upon the request of a private carrier company that
provides transportation under Section 28b of the Metropolitan
Transit Authority Act, to ascertain if an applicant for a
driver position has been convicted of any criminal or drug
offense enumerated in Section 28b of the Metropolitan Transit
Authority Act. The Department shall furnish the conviction
information to the private carrier company that requested the
information.
33. To apply for grants or contracts, receive, expend,
allocate, or disburse funds and moneys made available by
public or private entities, including, but not limited to,
contracts, bequests, grants, or receiving equipment from
corporations, foundations, or public or private institutions
of higher learning. All funds received by the Department
from these sources shall be deposited into the appropriate
fund in the State Treasury to be appropriated to the
Department for purposes as indicated by the grantor or
contractor or, in the case of funds or moneys bequeathed or
granted for no specific purpose, for any purpose as deemed
appropriate by the Director in administering the
responsibilities of the Department.
34. Upon the request of the Department of Children and
Family Services, the Department of State Police shall provide
properly designated employees of the Department of Children
and Family Services with criminal history record information
as defined in the Illinois Uniform Conviction Information Act
and information maintained in the adjudicatory and
dispositional record system as defined in subdivision (A)19
of this Section if the Department of Children and Family
Services determines the information is necessary to perform
its duties under the Abused and Neglected Child Reporting
Act, the Child Care Act of 1969, and the Children and Family
Services Act. The request shall be in the form and manner
specified by the Department of State Police.
35. The Illinois Department of Public Aid is an
authorized entity under this Section for the purpose of
obtaining access to various data repositories available
through LEADS, to facilitate the location of individuals for
establishing paternity, and establishing, modifying, and
enforcing child support obligations, pursuant to the Public
Aid Code and Title IV, Section D of the Social Security Act.
The Department shall enter into an agreement with the
Illinois Department of Public Aid consistent with these
purposes.
(B) The Department of State Police may establish and
maintain, within the Department of State Police, a Statewide
Organized Criminal Gang Database (SWORD) for the purpose of
tracking organized criminal gangs and their memberships.
Information in the database may include, but not be limited
to, the name, last known address, birth date, physical
descriptions (such as scars, marks, or tattoos), officer
safety information, organized gang affiliation, and entering
agency identifier. The Department may develop, in
consultation with the Criminal Justice Information Authority,
and in a form and manner prescribed by the Department, an
automated data exchange system to compile, to maintain, and
to make this information electronically available to
prosecutors and to other law enforcement agencies. The
information may be used by authorized agencies to combat the
operations of organized criminal gangs statewide.
(C) The Department of State Police may ascertain the
number of bilingual police officers and other personnel
needed to provide services in a language other than English
and may establish, under applicable personnel rules and
Department guidelines or through a collective bargaining
agreement, a bilingual pay supplement program.
35. The Illinois Department of Public Aid is an
authorized entity under this Section for the purpose of
obtaining access to various data repositories available
through LEADS, to facilitate the location of individuals for
establishing paternity, and establishing, modifying, and
enforcing child support obligations, pursuant to the Public
Aid Code and Title IV, Section D of the Social Security Act.
The Department shall enter into an agreement with the
Illinois Department of Public Aid consistent with these
purposes.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; revised 9-29-97.)
(Text of Section after amendment by P.A. 90-372)
Sec. 55a. Powers and duties.
(A) The Department of State Police shall have the
following powers and duties, and those set forth in Sections
55a-1 through 55c:
1. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Act.
2. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the State
Police Radio Act.
3. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Criminal Identification Act.
4. To (a) investigate the origins, activities, personnel
and incidents of crime and the ways and means to redress the
victims of crimes, and study the impact, if any, of
legislation relative to the effusion of crime and growing
crime rates, and enforce the criminal laws of this State
related thereto, (b) enforce all laws regulating the
production, sale, prescribing, manufacturing, administering,
transporting, having in possession, dispensing, delivering,
distributing, or use of controlled substances and cannabis,
(c) employ skilled experts, scientists, technicians,
investigators or otherwise specially qualified persons to aid
in preventing or detecting crime, apprehending criminals, or
preparing and presenting evidence of violations of the
criminal laws of the State, (d) cooperate with the police of
cities, villages and incorporated towns, and with the police
officers of any county, in enforcing the laws of the State
and in making arrests and recovering property, (e) apprehend
and deliver up any person charged in this State or any other
State of the United States with treason, felony, or other
crime, who has fled from justice and is found in this State,
and (f) conduct such other investigations as may be provided
by law. Persons exercising these powers within the Department
are conservators of the peace and as such have all the powers
possessed by policemen in cities and sheriffs, except that
they may exercise such powers anywhere in the State in
cooperation with and after contact with the local law
enforcement officials. Such persons may use false or
fictitious names in the performance of their duties under
this paragraph, upon approval of the Director, and shall not
be subject to prosecution under the criminal laws for such
use.
5. To: (a) be a central repository and custodian of
criminal statistics for the State, (b) be a central
repository for criminal history record information, (c)
procure and file for record such information as is necessary
and helpful to plan programs of crime prevention, law
enforcement and criminal justice, (d) procure and file for
record such copies of fingerprints, as may be required by
law, (e) establish general and field crime laboratories, (f)
register and file for record such information as may be
required by law for the issuance of firearm owner's
identification cards, (g) employ polygraph operators,
laboratory technicians and other specially qualified persons
to aid in the identification of criminal activity, and (h)
undertake such other identification, information, laboratory,
statistical or registration activities as may be required by
law.
6. To (a) acquire and operate one or more radio
broadcasting stations in the State to be used for police
purposes, (b) operate a statewide communications network to
gather and disseminate information for law enforcement
agencies, (c) operate an electronic data processing and
computer center for the storage and retrieval of data
pertaining to criminal activity, and (d) undertake such other
communication activities as may be required by law.
7. To provide, as may be required by law, assistance to
local law enforcement agencies through (a) training,
management and consultant services for local law enforcement
agencies, and (b) the pursuit of research and the publication
of studies pertaining to local law enforcement activities.
8. To exercise the rights, powers and duties which have
been vested in the Department of State Police and the
Director of the Department of State Police by the Narcotic
Control Division Abolition Act.
9. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the
Illinois Vehicle Code.
10. To exercise the rights, powers and duties which have
been vested in the Department of Public Safety by the Firearm
Owners Identification Card Act.
11. To enforce and administer such other laws in
relation to law enforcement as may be vested in the
Department.
12. To transfer jurisdiction of any realty title to
which is held by the State of Illinois under the control of
the Department to any other department of the State
government or to the State Employees Housing Commission, or
to acquire or accept Federal land, when such transfer,
acquisition or acceptance is advantageous to the State and is
approved in writing by the Governor.
13. With the written approval of the Governor, to enter
into agreements with other departments created by this Act,
for the furlough of inmates of the penitentiary to such other
departments for their use in research programs being
conducted by them.
For the purpose of participating in such research
projects, the Department may extend the limits of any
inmate's place of confinement, when there is reasonable cause
to believe that the inmate will honor his or her trust by
authorizing the inmate, under prescribed conditions, to leave
the confines of the place unaccompanied by a custodial agent
of the Department. The Department shall make rules governing
the transfer of the inmate to the requesting other department
having the approved research project, and the return of such
inmate to the unextended confines of the penitentiary. Such
transfer shall be made only with the consent of the inmate.
The willful failure of a prisoner to remain within the
extended limits of his or her confinement or to return within
the time or manner prescribed to the place of confinement
designated by the Department in granting such extension shall
be deemed an escape from custody of the Department and
punishable as provided in Section 3-6-4 of the Unified Code
of Corrections.
14. To provide investigative services, with all of the
powers possessed by policemen in cities and sheriffs, in and
around all race tracks subject to the Horse Racing Act of
1975.
15. To expend such sums as the Director deems necessary
from Contractual Services appropriations for the Division of
Criminal Investigation for the purchase of evidence and for
the employment of persons to obtain evidence. Such sums shall
be advanced to agents authorized by the Director to expend
funds, on vouchers signed by the Director.
16. To assist victims and witnesses in gang crime
prosecutions through the administration of funds appropriated
from the Gang Violence Victims and Witnesses Fund to the
Department. Such funds shall be appropriated to the
Department and shall only be used to assist victims and
witnesses in gang crime prosecutions and such assistance may
include any of the following:
(a) temporary living costs;
(b) moving expenses;
(c) closing costs on the sale of private residence;
(d) first month's rent;
(e) security deposits;
(f) apartment location assistance;
(g) other expenses which the Department considers
appropriate; and
(h) compensation for any loss of or injury to real
or personal property resulting from a gang crime to a
maximum of $5,000, subject to the following provisions:
(1) in the case of loss of property, the
amount of compensation shall be measured by the
replacement cost of similar or like property which
has been incurred by and which is substantiated by
the property owner,
(2) in the case of injury to property, the
amount of compensation shall be measured by the cost
of repair incurred and which can be substantiated by
the property owner,
(3) compensation under this provision is a
secondary source of compensation and shall be
reduced by any amount the property owner receives
from any other source as compensation for the loss
or injury, including, but not limited to, personal
insurance coverage,
(4) no compensation may be awarded if the
property owner was an offender or an accomplice of
the offender, or if the award would unjustly benefit
the offender or offenders, or an accomplice of the
offender or offenders.
No victim or witness may receive such assistance if he or
she is not a part of or fails to fully cooperate in the
prosecution of gang crime members by law enforcement
authorities.
The Department shall promulgate any rules necessary for
the implementation of this amendatory Act of 1985.
17. To conduct arson investigations.
18. To develop a separate statewide statistical police
contact record keeping system for the study of juvenile
delinquency. The records of this police contact system shall
be limited to statistical information. No individually
identifiable information shall be maintained in the police
contact statistical record system.
19. To develop a separate statewide central juvenile
adjudicatory and dispositional records system for persons
arrested prior to the age of 17 under Section 5-401 of the
Juvenile Court Act of 1987 or under 19 years of age who have
been adjudicated delinquent minors and to make information
available to local law enforcement registered participating
police youth officers so that law enforcement police youth
officers will be able to obtain rapid access to the
background of the minor juvenile's background from other
jurisdictions to the end that the juvenile police youth
officers can make appropriate decisions dispositions which
will best serve the interest of the child and the community.
The Department shall submit a quarterly report to the General
Assembly and Governor which shall contain the number of
juvenile records that the Department has received in that
quarter, a list, by category, of offenses that minors were
arrested for or convicted of by age, race and gender.
Information maintained in the adjudicatory and dispositional
record system shall be limited to the incidents or offenses
for which the minor was adjudicated delinquent by a court,
and a copy of the court's dispositional order. All
individually identifiable records in the adjudicatory and
dispositional records system shall be destroyed when the
person reaches 19 years of age.
20. To develop rules which guarantee the confidentiality
of such individually identifiable juvenile adjudicatory and
dispositional records except to juvenile authorities who
request information concerning the minor and who certify in
writing that the information will not be disclosed to any
other party except as provided under law or order of court.
For purposes of this Section, "juvenile authorities" means:
(i) a judge of the circuit court and members of the staff of
the court designated by the judge; (ii) parties to the
proceedings under the Juvenile Court Act of 1987 and their
attorneys; (iii) probation officers and court appointed
advocates for the juvenile authorized by the judge hearing
the case; (iv) any individual, public of private agency
having custody of the child pursuant to court order; (v) any
individual, public or private agency providing education,
medical or mental health service to the child when the
requested information is needed to determine the appropriate
service or treatment for the minor; (vi) any potential
placement provider when such release is authorized by the
court for the limited purpose of determining the
appropriateness of the potential placement; (vii) law
enforcement officers and prosecutors; (viii) adult and
juvenile prisoner review boards; (ix) authorized military
personnel; (x) individuals authorized by court; (xi) the
Illinois General Assembly or any committee or commission
thereof. when used for the following:
(a) by authorized juvenile court personnel or the
State's Attorney in connection with proceedings under the
Juvenile Court Act of 1987; or
(b) inquiries from registered police youth
officers.
For the purposes of this Act "police youth officer" means
a member of a duly organized State, county or municipal
police force who is assigned by his or her Superintendent,
Sheriff or chief of police, as the case may be, to specialize
in youth problems.
21. To develop administrative rules and administrative
hearing procedures which allow a minor, his or her attorney,
and his or her parents or guardian access to individually
identifiable juvenile adjudicatory and dispositional records
for the purpose of determining or challenging the accuracy of
the records. Final administrative decisions shall be subject
to the provisions of the Administrative Review Law.
22. To charge, collect, and receive fees or moneys
equivalent to the cost of providing Department of State
Police personnel, equipment, and services to local
governmental agencies when explicitly requested by a local
governmental agency and pursuant to an intergovernmental
agreement as provided by this Section, other State agencies,
and federal agencies, including but not limited to fees or
moneys equivalent to the cost of providing dispatching
services, radio and radar repair, and training to local
governmental agencies on such terms and conditions as in the
judgment of the Director are in the best interest of the
State; and to establish, charge, collect and receive fees or
moneys based on the cost of providing responses to requests
for criminal history record information pursuant to positive
identification and any Illinois or federal law authorizing
access to some aspect of such information and to prescribe
the form and manner for requesting and furnishing such
information to the requestor on such terms and conditions as
in the judgment of the Director are in the best interest of
the State, provided fees for requesting and furnishing
criminal history record information may be waived for
requests in the due administration of the criminal laws. The
Department may also charge, collect and receive fees or
moneys equivalent to the cost of providing electronic data
processing lines or related telecommunication services to
local governments, but only when such services can be
provided by the Department at a cost less than that
experienced by said local governments through other means.
All services provided by the Department shall be conducted
pursuant to contracts in accordance with the
Intergovernmental Cooperation Act, and all telecommunication
services shall be provided pursuant to the provisions of
Section 67.18 of this Code.
All fees received by the Department of State Police under
this Act or the Illinois Uniform Conviction Information Act
shall be deposited in a special fund in the State Treasury to
be known as the State Police Services Fund. The money
deposited in the State Police Services Fund shall be
appropriated to the Department of State Police for expenses
of the Department of State Police.
Upon the completion of any audit of the Department of
State Police as prescribed by the Illinois State Auditing
Act, which audit includes an audit of the State Police
Services Fund, the Department of State Police shall make the
audit open to inspection by any interested person.
23. To exercise the powers and perform the duties which
have been vested in the Department of State Police by the
Intergovernmental Missing Child Recovery Act of 1984, and to
establish reasonable rules and regulations necessitated
thereby.
24. (a) To establish and maintain a statewide Law
Enforcement Agencies Data System (LEADS) for the purpose of
providing electronic access by authorized entities to
criminal justice data repositories and effecting an immediate
law enforcement response to reports of missing persons,
including lost, missing or runaway minors. The Department
shall implement an automatic data exchange system to compile,
to maintain and to make available to other law enforcement
agencies for immediate dissemination data which can assist
appropriate agencies in recovering missing persons and
provide access by authorized entities to various data
repositories available through LEADS for criminal justice and
related purposes. To help assist the Department in this
effort, funds may be appropriated from the LEADS Maintenance
Fund.
(b) In exercising its duties under this subsection, the
Department shall:
(1) provide a uniform reporting format for the
entry of pertinent information regarding the report of a
missing person into LEADS;
(2) develop and implement a policy whereby a
statewide or regional alert would be used in situations
relating to the disappearances of individuals, based on
criteria and in a format established by the Department.
Such a format shall include, but not be limited to, the
age of the missing person and the suspected circumstance
of the disappearance;
(3) notify all law enforcement agencies that
reports of missing persons shall be entered as soon as
the minimum level of data specified by the Department is
available to the reporting agency, and that no waiting
period for the entry of such data exists;
(4) compile and retain information regarding lost,
abducted, missing or runaway minors in a separate data
file, in a manner that allows such information to be used
by law enforcement and other agencies deemed appropriate
by the Director, for investigative purposes. Such
information shall include the disposition of all reported
lost, abducted, missing or runaway minor cases;
(5) compile and maintain an historic data
repository relating to lost, abducted, missing or runaway
minors and other missing persons in order to develop and
improve techniques utilized by law enforcement agencies
when responding to reports of missing persons; and
(6) create a quality control program regarding
confirmation of missing person data, timeliness of
entries of missing person reports into LEADS and
performance audits of all entering agencies.
25. On request of a school board or regional
superintendent of schools, to conduct an inquiry pursuant to
Section 10-21.9 or 34-18.5 of the School Code to ascertain if
an applicant for employment in a school district has been
convicted of any criminal or drug offenses enumerated in
Section 10-21.9 or 34-18.5 of the School Code. The
Department shall furnish such conviction information to the
President of the school board of the school district which
has requested the information, or if the information was
requested by the regional superintendent to that regional
superintendent.
26. To promulgate rules and regulations necessary for
the administration and enforcement of its powers and duties,
wherever granted and imposed, pursuant to the Illinois
Administrative Procedure Act.
27. To (a) promulgate rules pertaining to the
certification, revocation of certification and training of
law enforcement officers as electronic criminal surveillance
officers, (b) provide training and technical assistance to
State's Attorneys and local law enforcement agencies
pertaining to the interception of private oral
communications, (c) promulgate rules necessary for the
administration of Article 108B of the Code of Criminal
Procedure of 1963, including but not limited to standards for
recording and minimization of electronic criminal
surveillance intercepts, documentation required to be
maintained during an intercept, procedures in relation to
evidence developed by an intercept, and (d) charge a
reasonable fee to each law enforcement agency that sends
officers to receive training as electronic criminal
surveillance officers.
28. Upon the request of any private organization which
devotes a major portion of its time to the provision of
recreational, social, educational or child safety services to
children, to conduct, pursuant to positive identification,
criminal background investigations of all of that
organization's current employees, current volunteers,
prospective employees or prospective volunteers charged with
the care and custody of children during the provision of the
organization's services, and to report to the requesting
organization any record of convictions maintained in the
Department's files about such persons. The Department shall
charge an application fee, based on actual costs, for the
dissemination of conviction information pursuant to this
subsection. The Department is empowered to establish this
fee and shall prescribe the form and manner for requesting
and furnishing conviction information pursuant to this
subsection. Information received by the organization from the
Department concerning an individual shall be provided to such
individual. Any such information obtained by the
organization shall be confidential and may not be transmitted
outside the organization and may not be transmitted to anyone
within the organization except as needed for the purpose of
evaluating the individual. Only information and standards
which bear a reasonable and rational relation to the
performance of child care shall be used by the organization.
Any employee of the Department or any member, employee or
volunteer of the organization receiving confidential
information under this subsection who gives or causes to be
given any confidential information concerning any criminal
convictions of an individual shall be guilty of a Class A
misdemeanor unless release of such information is authorized
by this subsection.
29. Upon the request of the Department of Children and
Family Services, to investigate reports of child abuse or
neglect.
30. To obtain registration of a fictitious vital record
pursuant to Section 15.1 of the Vital Records Act.
31. To collect and disseminate information relating to
"hate crimes" as defined under Section 12-7.1 of the Criminal
Code of 1961 contingent upon the availability of State or
Federal funds to revise and upgrade the Illinois Uniform
Crime Reporting System. All law enforcement agencies shall
report monthly to the Department of State Police concerning
such offenses in such form and in such manner as may be
prescribed by rules and regulations adopted by the Department
of State Police. Such information shall be compiled by the
Department and be disseminated upon request to any local law
enforcement agency, unit of local government, or state
agency. Dissemination of such information shall be subject
to all confidentiality requirements otherwise imposed by law.
The Department of State Police shall provide training for
State Police officers in identifying, responding to, and
reporting all hate crimes. The Illinois Local Governmental
Law Enforcement Officer's Training Standards Board shall
develop and certify a course of such training to be made
available to local law enforcement officers.
32. Upon the request of a private carrier company that
provides transportation under Section 28b of the Metropolitan
Transit Authority Act, to ascertain if an applicant for a
driver position has been convicted of any criminal or drug
offense enumerated in Section 28b of the Metropolitan Transit
Authority Act. The Department shall furnish the conviction
information to the private carrier company that requested the
information.
33. To apply for grants or contracts, receive, expend,
allocate, or disburse funds and moneys made available by
public or private entities, including, but not limited to,
contracts, bequests, grants, or receiving equipment from
corporations, foundations, or public or private institutions
of higher learning. All funds received by the Department
from these sources shall be deposited into the appropriate
fund in the State Treasury to be appropriated to the
Department for purposes as indicated by the grantor or
contractor or, in the case of funds or moneys bequeathed or
granted for no specific purpose, for any purpose as deemed
appropriate by the Director in administering the
responsibilities of the Department.
34. Upon the request of the Department of Children and
Family Services, the Department of State Police shall provide
properly designated employees of the Department of Children
and Family Services with criminal history record information
as defined in the Illinois Uniform Conviction Information Act
and information maintained in the Statewide Central Juvenile
adjudicatory and dispositional record system as defined in
subdivision (A)19 of this Section if the Department of
Children and Family Services determines the information is
necessary to perform its duties under the Abused and
Neglected Child Reporting Act, the Child Care Act of 1969,
and the Children and Family Services Act. The request shall
be in the form and manner specified by the Department of
State Police.
35. The Illinois Department of Public Aid is an
authorized entity under this Section for the purpose of
exchanging information, in the form and manner required by
the Department of State Police to facilitate the location of
individuals for establishing paternity, and establishing,
modifying, and enforcing child support obligations, pursuant
to the Public Aid Code and Title IV, Section D of the Social
Security Act.
(B) The Department of State Police may establish and
maintain, within the Department of State Police, a Statewide
Organized Criminal Gang Database (SWORD) for the purpose of
tracking organized criminal gangs and their memberships.
Information in the database may include, but not be limited
to, the name, last known address, birth date, physical
descriptions (such as scars, marks, or tattoos), officer
safety information, organized gang affiliation, and entering
agency identifier. The Department may develop, in
consultation with the Criminal Justice Information Authority,
and in a form and manner prescribed by the Department, an
automated data exchange system to compile, to maintain, and
to make this information electronically available to
prosecutors and to other law enforcement agencies. The
information may be used by authorized agencies to combat the
operations of organized criminal gangs statewide.
(C) The Department of State Police may ascertain the
number of bilingual police officers and other personnel
needed to provide services in a language other than English
and may establish, under applicable personnel rules and
Department guidelines or through a collective bargaining
agreement, a bilingual pay supplement program.
35. The Illinois Department of Public Aid is an
authorized entity under this Section for the purpose of
obtaining access to various data repositories available
through LEADS, to facilitate the location of individuals for
establishing paternity, and establishing, modifying, and
enforcing child support obligations, pursuant to the Public
Aid Code and Title IV, Section D of the Social Security Act.
The Department shall enter into an agreement with the
Illinois Department of Public Aid consistent with these
purposes.
(Source: P.A. 89-54, eff. 6-30-95; 90-18, eff. 7-1-97;
90-130, eff. 1-1-98; 90-372, eff. 7-1-98; revised 9-29-97.)
Section 1001-15. The Criminal Identification Act is
amended by changing Sections 2.1 and 5 as follows:
(20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
Sec. 2.1. For the purpose of maintaining complete and
accurate criminal records of the Department of State Police,
it is necessary for all policing bodies of this State, the
clerk of the circuit court, the Illinois Department of
Corrections, the sheriff of each county, and State's Attorney
of each county to submit certain criminal arrest, charge, and
disposition information to the Department for filing at the
earliest time possible. Unless otherwise noted herein, it
shall be the duty of all policing bodies of this State, the
clerk of the circuit court, the Illinois Department of
Corrections, the sheriff of each county, and the State's
Attorney of each county to report such information as
provided in this Section, both in the form and manner
required by the Department and within 30 days of the criminal
history event. Specifically:
(a) Arrest Information. All agencies making arrests for
offenses which are required by statute to be collected,
maintained or disseminated by the Department of State Police
shall be responsible for furnishing daily to the Department
fingerprints, charges and descriptions of all persons who are
arrested for such offenses. All such agencies shall also
notify the Department of all decisions by the arresting
agency not to refer such arrests for prosecution. With
approval of the Department, an agency making such arrests may
enter into arrangements with other agencies for the purpose
of furnishing daily such fingerprints, charges and
descriptions to the Department upon its behalf.
(b) Charge Information. The State's Attorney of each
county shall notify the Department of all charges filed and
all petitions filed alleging that a minor is delinquent,
including all those added subsequent to the filing of a case,
and whether charges were not filed in cases for which the
Department has received information required to be reported
pursuant to paragraph (a) of this Section. With approval of
the Department, the State's Attorney may enter into
arrangements with other agencies for the purpose of
furnishing the information required by this subsection (b) to
the Department upon the State's Attorney's behalf.
(c) Disposition Information. The clerk of the circuit
court of each county shall furnish the Department, in the
form and manner required by the Supreme Court, with all final
dispositions of cases for which the Department has received
information required to be reported pursuant to paragraph
paragraphs (a) or (d) of this Section. Such information shall
include, for each charge, all (1) judgments of not guilty,
judgments of guilty including the sentence pronounced by the
court, findings that a minor is delinquent and any sentence
made based on those findings, discharges and dismissals in
the court; (2) reviewing court orders filed with the clerk of
the circuit court which reverse or remand a reported
conviction or findings that a minor is delinquent or that
vacate or modify a sentence or sentence made following a
trial that a minor is delinquent; (3) continuances to a date
certain in furtherance of an order of supervision granted
under Section 5-6-1 of the Unified Code of Corrections or an
order of probation granted under Section 10 of the Cannabis
Control Act, Section 410 of the Illinois Controlled
Substances Act, Section 12-4.3 of the Criminal Code of 1961,
Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, Section 40-10 of the Alcoholism and Other
Drug Abuse and Dependency Act, or Section 10 of the Steroid
Control Act, or Section 5-615 of the Juvenile Court Act of
1987; and (4) judgments or court orders terminating or
revoking a sentence to or juvenile disposition of probation,
supervision or conditional discharge and any resentencing or
new court orders entered by a juvenile court relating to the
disposition of a minor's case involving delinquency after
such revocation.
(d) Fingerprints After Sentencing.
(1) After the court pronounces sentence, sentences a
minor following a trial in which a minor was found to be
delinquent or issues an order of supervision or an order
of probation granted under Section 10 of the Cannabis
Control Act, Section 410 of the Illinois Controlled
Substances Act, Section 12-4.3 of the Criminal Code of
1961, Section 10-102 of the Illinois Alcoholism and Other
Drug Dependency Act, Section 40-10 of the Alcoholism and
Other Drug Abuse and Dependency Act, or Section 10 of the
Steroid Control Act, or Section 5-615 of the Juvenile
Court Act of 1987 for any offense which is required by
statute to be collected, maintained, or disseminated by
the Department of State Police, the State's Attorney of
each county shall ask the court to order a law
enforcement agency to fingerprint immediately all persons
appearing before the court who have not previously been
fingerprinted for the same case. The court shall so order
the requested fingerprinting, if it determines that any
such person has not previously been fingerprinted for the
same case. The law enforcement agency shall submit such
fingerprints to the Department daily.
(2) After the court pronounces sentence or makes a
disposition of a case following a finding of delinquency
for any offense which is not required by statute to be
collected, maintained, or disseminated by the Department
of State Police, the prosecuting attorney may ask the
court to order a law enforcement agency to fingerprint
immediately all persons appearing before the court who
have not previously been fingerprinted for the same case.
The court may so order the requested fingerprinting, if
it determines that any so sentenced person has not
previously been fingerprinted for the same case. The law
enforcement agency may retain such fingerprints in its
files.
(e) Corrections Information. The Illinois Department of
Corrections and the sheriff of each county shall furnish the
Department with all information concerning the receipt,
escape, execution, death, release, pardon, parole,
commutation of sentence, granting of executive clemency or
discharge of an individual who has been sentenced or
committed to the agency's custody for any offenses which are
mandated by statute to be collected, maintained or
disseminated by the Department of State Police. For an
individual who has been charged with any such offense and who
escapes from custody or dies while in custody, all
information concerning the receipt and escape or death,
whichever is appropriate, shall also be so furnished to the
Department.
(Source: P.A. 88-538; 88-670, eff. 12-2-94.)
(20 ILCS 2630/5) (from Ch. 38, par. 206-5)
Sec. 5. Arrest reports; expungement.
(a) All policing bodies of this State shall furnish to
the Department, daily, in the form and detail the Department
requires, fingerprints and descriptions of all persons who
are arrested on charges of violating any penal statute of
this State for offenses that are classified as felonies and
Class A or B misdemeanors and of all minors of the age of 10
and over who have been arrested for an offense which would be
a felony if committed by an adult, and may forward such
fingerprints and descriptions for minors arrested for Class A
or B misdemeanors. or taken into custody before their 17th
birthday for an offense that if committed by an adult would
constitute the offense of unlawful use of weapons under
Article 24 of the Criminal Code of 1961, a forcible felony as
defined in Section 2-8 of the Criminal Code of 1961, or a
Class 2 or greater felony under the Cannabis Control Act, the
Illinois Controlled Substances Act, or Chapter 4 of the
Illinois Vehicle Code. Moving or nonmoving traffic
violations under the Illinois Vehicle Code shall not be
reported except for violations of Chapter 4, Section
11-204.1, or Section 11-501 of that Code. In addition,
conservation offenses, as defined in the Supreme Court Rule
501(c), that are classified as Class B misdemeanors shall not
be reported.
Whenever an adult or minor prosecuted as an adult, not
having previously been convicted of any criminal offense or
municipal ordinance violation, charged with a violation of a
municipal ordinance or a felony or misdemeanor, is acquitted
or released without being convicted, whether the acquittal or
release occurred before, on, or after the effective date of
this amendatory Act of 1991, the Chief Judge of the circuit
wherein the charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less than
3,000,000 inhabitants, the presiding trial judge at the
defendant's trial may upon verified petition of the defendant
order the record of arrest expunged from the official records
of the arresting authority and the Department and order that
the records of the clerk of the circuit court be sealed until
further order of the court upon good cause shown and the name
of the defendant obliterated on the official index required
to be kept by the circuit court clerk under Section 16 of the
Clerks of Courts Act, but the order shall not affect any
index issued by the circuit court clerk before the entry of
the order. The Department may charge the petitioner a fee
equivalent to the cost of processing any order to expunge or
seal the records, and the fee shall be deposited into the
State Police Services Fund. The records of those arrests,
however, that result in a disposition of supervision for any
offense shall not be expunged from the records of the
arresting authority or the Department nor impounded by the
court until 2 years after discharge and dismissal of
supervision. Those records that result from a supervision
for a violation of Section 3-707, 3-708, 3-710, 5-401.3, or
11-503 of the Illinois Vehicle Code or a similar provision of
a local ordinance, or for a violation of Section 12-3.2,
12-15 or 16A-3 of the Criminal Code of 1961, or probation
under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 12-4.3 b(1)
and (2) of the Criminal Code of 1961, Section 10-102 of the
Illinois Alcoholism and Other Drug Dependency Act when the
judgment of conviction has been vacated, Section 40-10 of the
Alcoholism and Other Drug Abuse and Dependency Act when the
judgment of conviction has been vacated, or Section 10 of the
Steroid Control Act shall not be expunged from the records of
the arresting authority nor impounded by the court until 5
years after termination of probation or supervision. Those
records that result from a supervision for a violation of
Section 11-501 of the Illinois Vehicle Code or a similar
provision of a local ordinance, shall not be expunged. All
records set out above may be ordered by the court to be
expunged from the records of the arresting authority and
impounded by the court after 5 years, but shall not be
expunged by the Department, but shall, on court order be
sealed by the Department and may be disseminated by the
Department only as required by law or to the arresting
authority, the State's Attorney, and the court upon a later
arrest for the same or a similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any offense, the Department of Corrections shall have access
to all sealed records of the Department pertaining to that
individual.
(a-5) Those records maintained by the Department for
persons arrested prior to their 17th birthday shall be
expunged as provided in Section 5-915 of the Juvenile Court
Act of 1987.
(b) Whenever a person has been convicted of a crime or
of the violation of a municipal ordinance, in the name of a
person whose identity he has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization, upon
learning of the person having been arrested using his
identity, may, upon verified petition to the chief judge of
the circuit wherein the arrest was made, have a court order
entered nunc pro tunc by the chief judge to correct the
arrest record, conviction record, if any, and all official
records of the arresting authority, the Department, other
criminal justice agencies, the prosecutor, and the trial
court concerning such arrest, if any, by removing his name
from all such records in connection with the arrest and
conviction, if any, and by inserting in the records the name
of the offender, if known or ascertainable, in lieu of the
has name. The records of the clerk of the circuit court
clerk shall be sealed until further order of the court upon
good cause shown and the name of the aggrieved person
obliterated on the official index required to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act, but the order shall not affect any index issued by the
circuit court clerk before the entry of the order. Nothing in
this Section shall limit the Department of State Police or
other criminal justice agencies or prosecutors from listing
under an offender's name the false names he or she has used.
For purposes of this Section, convictions for moving and
nonmoving traffic violations other than convictions for
violations of Chapter 4, Section 11-204.1 or Section 11-501
of the Illinois Vehicle Code shall not be a bar to expunging
the record of arrest and court records for violation of a
misdemeanor or municipal ordinance.
(c) Whenever a person who has been convicted of an
offense is granted a pardon by the Governor which
specifically authorizes expungement, he may, upon verified
petition to the chief judge of the circuit where the person
had been convicted, any judge of the circuit designated by
the Chief Judge, or in counties of less than 3,000,000
inhabitants, the presiding trial judge at the defendant's
trial, may have a court order entered expunging the record of
arrest from the official records of the arresting authority
and order that the records of the clerk of the circuit court
and the Department be sealed until further order of the court
upon good cause shown or as otherwise provided herein, and
the name of the defendant obliterated from the official index
requested to be kept by the circuit court clerk under Section
16 of the Clerks of Courts Act in connection with the arrest
and conviction for the offense for which he had been pardoned
but the order shall not affect any index issued by the
circuit court clerk before the entry of the order. All
records sealed by the Department may be disseminated by the
Department only as required by law or to the arresting
authority, the States Attorney, and the court upon a later
arrest for the same or similar offense or for the purpose of
sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Department
pertaining to that individual. Upon entry of the order of
expungement, the clerk of the circuit court shall promptly
mail a copy of the order to the person who was pardoned.
(d) Notice of the petition for subsections (a), (b), and
(c) shall be served upon the State's Attorney or prosecutor
charged with the duty of prosecuting the offense, the
Department of State Police, the arresting agency and the
chief legal officer of the unit of local government affecting
the arrest. Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency or such
chief legal officer objects to the petition within 30 days
from the date of the notice, the court shall enter an order
granting or denying the petition. The clerk of the court
shall promptly mail a copy of the order to the person, the
arresting agency, the prosecutor, the Department of State
Police and such other criminal justice agencies as may be
ordered by the judge.
(e) Nothing herein shall prevent the Department of State
Police from maintaining all records of any person who is
admitted to probation upon terms and conditions and who
fulfills those terms and conditions pursuant to Section 10 of
the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 12-4.3 of the Criminal
Code of 1961, Section 10-102 of the Illinois Alcoholism and
Other Drug Dependency Act, Section 40-10 of the Alcoholism
and Other Drug Abuse and Dependency Act, or Section 10 of the
Steroid Control Act.
(f) No court order issued pursuant to the expungement
provisions of this Section shall become final for purposes of
appeal until 30 days after notice is received by the
Department. Any court order contrary to the provisions of
this Section is void.
(g) The court shall not order the sealing or expungement
of the arrest records and records of the circuit court clerk
of any person granted supervision for or convicted of any
sexual offense committed against a minor under 18 years of
age. For the purposes of this Section, "sexual offense
committed against a minor" includes but is not limited to the
offenses of indecent solicitation of a child or criminal
sexual abuse when the victim of such offense is under 18
years of age.
(Source: P.A. 88-45; 88-77; 88-670, eff. 12-2-94; 88-679,
eff. 7-1-95; 89-637, eff. 1-1-97; 89-689, eff. 12-31-96.)
Section 1001-16. The School Code is amended by changing
Section 34-2.1 as follows:
(105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
Sec. 34-2.1. Local School Councils - Composition -
Voter-Eligibility - Elections - Terms.
(a) A local school council shall be established for each
attendance center within the school district. Each local
school council shall consist of the following 11 voting
members: the principal of the attendance center, 2 teachers
employed and assigned to perform the majority of their
employment duties at the attendance center, 6 parents of
students currently enrolled at the attendance center and 2
community residents. Neither the parents nor the community
residents who serve as members of the local school council
shall be employees of the Board of Education. In each
secondary attendance center, the local school council shall
consist of 12 voting members -- the 11 voting members
described above and one full-time student member, appointed
as provided in subsection (m) below. In the event that the
chief executive officer of the Chicago School Reform Board of
Trustees determines that a local school council is not
carrying out its financial duties effectively, the chief
executive officer is authorized to appoint a representative
of the business community with experience in finance and
management to serve as an advisor to the local school
council for the purpose of providing advice and assistance to
the local school council on fiscal matters. The advisor
shall have access to relevant financial records of the local
school council. The advisor may attend executive sessions.
The chief executive officer shall issue a written policy
defining the circumstances under which a local school council
is not carrying out its financial duties effectively.
(b) Within 7 days of January 11, 1991, the Mayor shall
appoint the members and officers (a Chairperson who shall be
a parent member and a Secretary) of each local school council
who shall hold their offices until their successors shall be
elected and qualified. Members so appointed shall have all
the powers and duties of local school councils as set forth
in this amendatory Act of 1991. The Mayor's appointments
shall not require approval by the City Council.
The membership of each local school council shall be
encouraged to be reflective of the racial and ethnic
composition of the student population of the attendance
center served by the local school council.
(c) Beginning with the 1995-1996 school year and in
every even-numbered year thereafter, the Board shall set
second semester Parent Report Card Pick-up Day for Local
School Council elections and may schedule elections at
year-round schools for the same dates as the remainder of the
school system. Elections shall be conducted as provided
herein by the Board of Education in consultation with the
local school council at each attendance center.
(d) Beginning with the 1995-96 school year, the
following procedures shall apply to the election of local
school council members at each attendance center:
(i) The elected members of each local school
council shall consist of the 6 parent members and the 2
community resident members.
(ii) Each elected member shall be elected by the
eligible voters of that attendance center to serve for a
two-year term commencing on July 1 immediately following
the election described in subsection (c). Eligible
voters for each attendance center shall consist of the
parents and community residents for that attendance
center.
(iii) Each eligible voter shall be entitled to cast
one vote for up to a total of 5 candidates, irrespective
of whether such candidates are parent or community
resident candidates.
(iv) Each parent voter shall be entitled to vote in
the local school council election at each attendance
center in which he or she has a child currently enrolled.
Each community resident voter shall be entitled to vote
in the local school council election at each attendance
center for which he or she resides in the applicable
attendance area or voting district, as the case may be.
(v) Each eligible voter shall be entitled to vote
once, but not more than once, in the local school council
election at each attendance center at which the voter is
eligible to vote.
(vi) The 2 teacher members of each local school
council shall be appointed as provided in subsection (l)
below each to serve for a two-year term coinciding with
that of the elected parent and community resident
members.
(vii) At secondary attendance centers, the voting
student member shall be appointed as provided in
subsection (m) below to serve for a one-year term
coinciding with the beginning of the terms of the elected
parent and community members of the local school council.
(e) The Council shall publicize the date and place of
the election by posting notices at the attendance center, in
public places within the attendance boundaries of the
attendance center and by distributing notices to the pupils
at the attendance center, and shall utilize such other means
as it deems necessary to maximize the involvement of all
eligible voters.
(f) Nomination. The Council shall publicize the opening
of nominations by posting notices at the attendance center,
in public places within the attendance boundaries of the
attendance center and by distributing notices to the pupils
at the attendance center, and shall utilize such other means
as it deems necessary to maximize the involvement of all
eligible voters. Not less than 2 weeks before the election
date, persons eligible to run for the Council shall submit
their name and some evidence of eligibility to the Council.
The Council shall encourage nomination of candidates
reflecting the racial/ethnic population of the students at
the attendance center. Each person nominated who runs as a
candidate shall disclose, in a manner determined by the
Board, any economic interest held by such person, by such
person's spouse or children, or by each business entity in
which such person has an ownership interest, in any contract
with the Board, any local school council or any public school
in the school district. Each person nominated who runs as a
candidate shall also disclose, in a manner determined by the
Board, if he or she ever has been convicted of any of the
offenses specified in subsection (c) of Section 34-18.5;
provided that neither this provision nor any other provision
of this Section shall be deemed to require the disclosure of
any information that is contained in any law enforcement
record or juvenile court record that is confidential or whose
accessibility or disclosure is restricted or prohibited under
Section 5-901 1-7 or 5-905 1-8 of the Juvenile Court Act of
1987. Failure to make such disclosure shall render a person
ineligible for election to the local school council. The
same disclosure shall be required of persons under
consideration for appointment to the Council pursuant to
subsections (l) and (m) of this Section.
(g) At least one week before the election date, the
Council shall publicize, in the manner provided in subsection
(e), the names of persons nominated for election.
(h) Voting shall be in person by secret ballot at the
attendance center between the hours of 6:00 a.m. and 7:00
p.m.
(i) Candidates receiving the highest number of votes
shall be declared elected by the Council. In cases of a tie,
the Council shall determine the winner by lot.
(j) The Council shall certify the results of the
election and shall publish the results in the minutes of the
Council.
(k) The general superintendent shall resolve any
disputes concerning election procedure or results and shall
ensure that, except as provided in subsections (e) and (g),
no resources of any attendance center shall be used to
endorse or promote any candidate.
(l) Beginning with the 1995-1996 school year and in
every even numbered year thereafter, the Board shall appoint
2 teacher members to each local school council. These
appointments shall be made in the following manner:
(i) The Board shall appoint 2 teachers who are
employed and assigned to perform the majority of their
employment duties at the attendance center to serve on
the local school council of the attendance center for a
two-year term coinciding with the terms of the elected
parent and community members of that local school
council. These appointments shall be made from among
those teachers who are nominated in accordance with
subsection (f).
(ii) A non-binding, advisory poll to ascertain the
preferences of the school staff regarding appointments of
teachers to the local school council for that attendance
center shall be conducted in accordance with the
procedures used to elect parent and community Council
representatives. At such poll, each member of the school
staff shall be entitled to indicate his or her preference
for up to 2 candidates from among those who submitted
statements of candidacy as described above. These
preferences shall be advisory only and the Board shall
maintain absolute discretion to appoint teacher members
to local school councils, irrespective of the preferences
expressed in any such poll.
(m) Beginning with the 1995-1996 school year, and in
every year thereafter, the Board shall appoint one student
member to each secondary attendance center. These
appointments shall be made in the following manner:
(i) Appointments shall be made from among those
students who submit statements of candidacy to the
principal of the attendance center, such statements to be
submitted commencing on the first day of the twentieth
week of school and continuing for 2 weeks thereafter.
The form and manner of such candidacy statements shall be
determined by the Board.
(ii) During the twenty-second week of school in
every year, the principal of each attendance center shall
conduct a non-binding, advisory poll to ascertain the
preferences of the school students regarding the
appointment of a student to the local school council for
that attendance center. At such poll, each student shall
be entitled to indicate his or her preference for up to
one candidate from among those who submitted statements
of candidacy as described above. The Board shall
promulgate rules to ensure that these non-binding,
advisory polls are conducted in a fair and equitable
manner and maximize the involvement of all school
students. The preferences expressed in these
non-binding, advisory polls shall be transmitted by the
principal to the Board. However, these preferences shall
be advisory only and the Board shall maintain absolute
discretion to appoint student members to local school
councils, irrespective of the preferences expressed in
any such poll.
(iii) For the 1995-96 school year only,
appointments shall be made from among those students who
submitted statements of candidacy to the principal of the
attendance center during the first 2 weeks of the school
year. The principal shall communicate the results of any
nonbinding, advisory poll to the Board. These results
shall be advisory only, and the Board shall maintain
absolute discretion to appoint student members to local
school councils, irrespective of the preferences
expressed in any such poll.
(n) The Board may promulgate such other rules and
regulations for election procedures as may be deemed
necessary to ensure fair elections.
(o) In the event that a vacancy occurs during a member's
term, the Council shall appoint a person eligible to serve on
the Council, to fill the unexpired term created by the
vacancy, except that any teacher vacancy shall be filled by
the Board after considering the preferences of the school
staff as ascertained through a non-binding advisory poll of
school staff.
(p) If less than the specified number of persons is
elected within each candidate category, the newly elected
local school council shall appoint eligible persons to serve
as members of the Council for two-year terms.
(q) The Board shall promulgate rules regarding conflicts
of interest and disclosure of economic interests which shall
apply to local school council members and which shall require
reports or statements to be filed by Council members at
regular intervals with the Secretary of the Board. Failure
to comply with such rules or intentionally falsifying such
reports shall be grounds for disqualification from local
school council membership. A vacancy on the Council for
disqualification may be so declared by the Secretary of the
Board. Rules regarding conflicts of interest and disclosure
of economic interests promulgated by the Board shall apply to
local school council members in addition to the requirements
of the Illinois Governmental Ethics Act applicable to local
school council members.
(r) If a parent member of a Local School Council ceases
to have any child enrolled in the attendance center governed
by the Local School Council due to the graduation or
voluntary transfer of a child or children from the attendance
center, the parent's membership on the Local School Council
and all voting rights are terminated immediately as of the
date of the child's graduation or voluntary transfer.
Further, a local school council member may be removed from
the Council by a majority vote of the Council as provided in
subsection (c) of Section 34-2.2 if the Council member has
missed 3 consecutive regular meetings, not including
committee meetings, or 5 regular meetings in a 12 month
period, not including committee meetings. Further, a local
school council member may be removed by the council by a
majority vote of the council as provided in subsection (c) of
Section 34-2.2 if the council determines that a member failed
to disclose a conviction of any of the offenses specified in
subsection (c) of Section 34-18.5 as required in subsection
(f) of this Section 34-2.1. A vote to remove a Council member
shall only be valid if the Council member has been notified
personally or by certified mail, mailed to the person's last
known address, of the Council's intent to vote on the Council
member's removal at least 7 days prior to the vote. The
Council member in question shall have the right to explain
his or her actions and shall be eligible to vote on the
question of his or her removal from the Council. The
provisions of this subsection shall be contained within the
petitions used to nominate Council candidates.
(Source: P.A. 89-15, eff. 5-30-95; 89-369, eff. 8-18-95;
89-626, eff. 8-9-96; 89-636, eff. 8-9-96; 90-378, eff.
8-14-97.)
Section 1001-20. The Illinois School Student Records Act
is amended by changing Sections 2, 4, 5, and 6 as follows:
(105 ILCS 10/2) (from Ch. 122, par. 50-2)
Sec. 2. As used in this Act,
(a) "Student" means any person enrolled or previously
enrolled in a school.
(b) "School" means any public preschool, day care
center, kindergarten, nursery, elementary or secondary
educational institution, vocational school, special
educational facility or any other elementary or secondary
educational agency or institution and any person, agency or
institution which maintains school student records from more
than one school, but does not include a private or non-public
school.
(c) "State Board" means the State Board of Education.
(d) "School Student Record" means any writing or other
recorded information concerning a student and by which a
student may be individually identified, maintained by a
school or at its direction or by an employee of a school,
regardless of how or where the information is stored. The
following shall not be deemed school student records under
this Act: writings or other recorded information maintained
by an employee of a school or other person at the direction
of a school for his or her exclusive use; provided that all
such writings and other recorded information are destroyed
not later than the student's graduation or permanent
withdrawal from the school; and provided further that no such
records or recorded information may be released or disclosed
to any person except a person designated by the school as a
substitute unless they are first incorporated in a school
student record and made subject to all of the provisions of
this Act. School student records shall not include
information maintained by law enforcement professionals
working in the school.
(e) "Student Permanent Record" means the minimum
personal information necessary to a school in the education
of the student and contained in a school student record.
Such information may include the student's name, birth date,
address, grades and grade level, parents' names and
addresses, attendance records, and such other entries as the
State Board may require or authorize.
(f) "Student Temporary Record" means all information
contained in a school student record but not contained in the
student permanent record. Such information may include
family background information, intelligence test scores,
aptitude test scores, psychological and personality test
results, teacher evaluations, and other information of clear
relevance to the education of the student, all subject to
regulations of the State Board. In addition, the student
temporary record shall include information regarding serious
disciplinary infractions that resulted in expulsion,
suspension, or the imposition of punishment or sanction. For
purposes of this provision, serious disciplinary infractions
means: infractions involving drugs, weapons, or bodily harm
to another.
(g) "Parent" means a person who is the natural parent of
the student or other person who has the primary
responsibility for the care and upbringing of the student.
All rights and privileges accorded to a parent under this Act
shall become exclusively those of the student upon his 18th
birthday, graduation from secondary school, marriage or entry
into military service, whichever occurs first. Such rights
and privileges may also be exercised by the student at any
time with respect to the student's permanent school record.
(Source: P.A. 79-1108.)
(105 ILCS 10/4) (from Ch. 122, par. 50-4)
Sec. 4. (a) Each school shall designate an official
records custodian who is responsible for the maintenance,
care and security of all school student records, whether or
not such records are in his personal custody or control.
(b) The official records custodian shall take all
reasonable measures to prevent unauthorized access to or
dissemination of school student records.
(c) Information contained in or added to a school
student record shall be limited to information which is of
clear relevance to the education of the student.
(d) Information added to a student temporary record
after the effective date of this Act shall include the name,
signature and position of the person who has added such
information and the date of its entry into the record.
(e) Each school shall maintain student permanent records
and the information contained therein for not less than 60
years after the student has transferred, graduated or
otherwise permanently withdrawn from the school.
(f) Each school shall maintain student temporary records
and the information contained in those records for not less
than 5 years after the student has transferred, graduated, or
otherwise withdrawn from the school. However, student
temporary records shall not be disclosed except as provided
in Section 5 or by court order, notwithstanding the
provisions of Section 6. No school shall maintain any student
temporary record or the information contained therein beyond
its period of usefulness to the student and the school, and
in no case longer than 5 years after the student has
transferred, graduated or otherwise permanently withdrawn
from the school. Notwithstanding the foregoing, A school
may maintain indefinitely anonymous information from student
temporary records for authorized research, statistical
reporting or planning purposes, provided that no student or
parent can be individually identified from the information
maintained.
(g) The principal of each school or the person with like
responsibilities or his or her designate shall periodically
review each student temporary record for verification of
entries and elimination or correction of all inaccurate,
misleading, unnecessary or irrelevant information. The State
Board shall issue regulations to govern the periodic review
of the student temporary records and length of time for
maintenance of entries to such records.
(h) Before any school student record is destroyed or
information deleted therefrom, the parent shall be given
reasonable prior notice in accordance with regulations
adopted by the State Board and an opportunity to copy the
record and information proposed to be destroyed or deleted.
(i) No school shall be required to separate permanent
and temporary school student records of a student not
enrolled in such school on or after the effective date of
this Act or to destroy any such records, or comply with the
provisions of paragraph (g) of this Section with respect to
such records, except (1) in accordance with the request of
the parent that any or all of such actions be taken in
compliance with the provisions of this Act or (2) in
accordance with regulations adopted by the State Board.
(Source: P.A. 79-1108.)
(105 ILCS 10/5) (from Ch. 122, par. 50-5)
Sec. 5. (a) A parent or any person specifically
designated as a representative by a parent shall have the
right to inspect and copy all school student permanent and
temporary records of that parent's child. A student shall
have the right to inspect and copy his or her school student
permanent record. No person who is prohibited by an order of
protection from inspecting or obtaining school records of a
student pursuant to the Illinois Domestic Violence Act of
1986, as now or hereafter amended, shall have any right of
access to, or inspection of, the school records of that
student. If a school's principal or person with like
responsibilities or his designee has knowledge of such order
of protection, the school shall prohibit access or inspection
of the student's school records by such person.
(b) Whenever access to any person is granted pursuant
to paragraph (a) of this Section, at the option of either the
parent or the school a qualified professional, who may be a
psychologist, counsellor or other advisor, and who may be an
employee of the school or employed by the parent, may be
present to interpret the information contained in the student
temporary record. If the school requires that a professional
be present, the school shall secure and bear any cost of the
presence of the professional. If the parent so requests, the
school shall secure and bear any cost of the presence of a
professional employed by the school.
(c) A parent's or student's request to inspect and copy
records, or to allow a specifically designated representative
to inspect and copy records, must be granted within a
reasonable time, and in no case later than 15 school days
after the date of receipt of such request by the official
records custodian.
(d) The school may charge its reasonable costs for the
copying of school student records, not to exceed the amounts
fixed in schedules adopted by the State Board, to any person
permitted to copy such records, except that no parent or
student shall be denied a copy of school student records as
permitted under this Section 5 for inability to bear the cost
of such copying.
(e) Nothing contained in this Section 5 shall make
available to a parent or student confidential letters and
statements of recommendation furnished in connection with
applications for employment to a post-secondary educational
institution or the receipt of an honor or honorary
recognition, provided such letters and statements are not
used for purposes other than those for which they were
specifically intended, and
(1) were placed in a school student record prior to
January 1, 1975; or
(2) the student has waived access thereto after being
advised of his right to obtain upon request the names of all
such persons making such confidential recommendations.
(f) Nothing contained in this Act shall be construed to
impair or limit the confidentiality of:
(1) Communications otherwise protected by law as
privileged or confidential, including but not limited to,
information communicated in confidence to a physician,
psychologist or other psychotherapist; or
(2) Information which is communicated by a student or
parent in confidence to school personnel; or
(3) Information which is communicated by a student,
parent, or guardian to a law enforcement professional working
in the school, except as provided by court order.
(Source: P.A. 86-966.)
(105 ILCS 10/6) (from Ch. 122, par. 50-6)
Sec. 6. (a) No school student records or information
contained therein may be released, transferred, disclosed or
otherwise disseminated, except as follows:
(1) To a parent or student or person specifically
designated as a representative by a parent, as provided in
paragraph (a) of Section 5;
(2) To an employee or official of the school or school
district or State Board with current demonstrable educational
or administrative interest in the student, in furtherance of
such interest;
(3) To the official records custodian of another school
within Illinois or an official with similar responsibilities
of a school outside Illinois, in which the student has
enrolled, or intends to enroll, upon the request of such
official or student;
(4) To any person for the purpose of research,
statistical reporting or planning, provided that no student
or parent can be identified from the information released and
the person to whom the information is released signs an
affidavit agreeing to comply with all applicable statutes and
rules pertaining to school student records;
(5) Pursuant to a court order, provided that the parent
shall be given prompt written notice upon receipt of such
order of the terms of the order, the nature and substance of
the information proposed to be released in compliance with
such order and an opportunity to inspect and copy the school
student records and to challenge their contents pursuant to
Section 7;
(6) To any person as specifically required by State or
federal law;
(6.5) To juvenile authorities when necessary for the
discharge of their official duties who request information
prior to adjudication of the student and who certify in
writing that the information will not be disclosed to any
other party except as provided under law or order of court.
For purposes of this Section "juvenile authorities" means:
(i) a judge of the circuit court and members of the staff of
the court designated by the judge; (ii) parties to the
proceedings under the Juvenile Court Act of 1987 and their
attorneys; (iii) probation officers and court appointed
advocates for the juvenile authorized by the judge hearing
the case; (iv) any individual, public or private agency
having custody of the child pursuant to court order; (v) any
individual, public or private agency providing education,
medical or mental health service to the child when the
requested information is needed to determine the appropriate
service or treatment for the minor; (vi) any potential
placement provider when such release is authorized by the
court for the limited purpose of determining the
appropriateness of the potential placement; (vii) law
enforcement officers and prosecutors; (viii) adult and
juvenile prisoner review boards; (ix) authorized military
personnel; (x) individuals authorized by court;
(7) Subject to regulations of the State Board, in
connection with an emergency, to appropriate persons if the
knowledge of such information is necessary to protect the
health or safety of the student or other persons; or
(8) To any person, with the prior specific dated written
consent of the parent designating the person to whom the
records may be released, provided that at the time any such
consent is requested or obtained, the parent shall be advised
in writing that he has the right to inspect and copy such
records in accordance with Section 5, to challenge their
contents in accordance with Section 7 and to limit any such
consent to designated records or designated portions of the
information contained therein.
(b) No information may be released pursuant to
subparagraphs (3) or (6) of paragraph (a) of this Section 6
unless the parent receives prior written notice of the nature
and substance of the information proposed to be released, and
an opportunity to inspect and copy such records in accordance
with Section 5 and to challenge their contents in accordance
with Section 7. Provided, however, that such notice shall be
sufficient if published in a local newspaper of general
circulation or other publication directed generally to the
parents involved where the proposed release of information is
pursuant to subparagraph 6 of paragraph (a) in this Section 6
and relates to more than 25 students.
(c) A record of any release of information pursuant to
this Section must be made and kept as a part of the school
student record and subject to the access granted by Section
5. Such record of release shall be maintained for the life of
the school student records and shall be available only to the
parent and the official records custodian. Each record of
release shall also include:
(1) The nature and substance of the information
released;
(2) The name and signature of the official records
custodian releasing such information;
(3) The name of the person requesting such information,
the capacity in which such a request has been made, and the
purpose of such request;
(4) The date of the release; and
(5) A copy of any consent to such release.
(d) Except for the student and his parents, no person to
whom information is released pursuant to this Section and no
person specifically designated as a representative by a
parent may permit any other person to have access to such
information without a prior consent of the parent obtained in
accordance with the requirements of subparagraph (8) of
paragraph (a) of this Section.
(e) Nothing contained in this Act shall prohibit the
publication of student directories which list student names,
addresses and other identifying information and similar
publications which comply with regulations issued by the
State Board.
(Source: P.A. 86-1028.)
Section 1001-25. The Illinois Public Aid Code is amended
by changing Section 11-9 as follows:
(305 ILCS 5/11-9) (from Ch. 23, par. 11-9)
Sec. 11-9. Protection of records - Exceptions. For the
protection of applicants and recipients, the Illinois
Department, the county departments and local governmental
units and their respective officers and employees are
prohibited, except as hereinafter provided, from disclosing
the contents of any records, files, papers and
communications, except for purposes directly connected with
the administration of public aid under this Code.
In any judicial proceeding, except a proceeding directly
concerned with the administration of programs provided for in
this Code, such records, files, papers and communications,
and their contents shall be deemed privileged communications
and shall be disclosed only upon the order of the court,
where the court finds such to be necessary in the interest of
justice.
The Illinois Department shall establish and enforce
reasonable rules and regulations governing the custody, use
and preservation of the records, papers, files, and
communications of the Illinois Department, the county
departments and local governmental units receiving State or
Federal funds or aid. The governing body of other local
governmental units shall in like manner establish and enforce
rules and regulations governing the same matters.
The contents of case files pertaining to recipients under
Articles IV, V, VI, and VII shall be made available without
subpoena or formal notice to the officers of any court, to
all law enforcing agencies, and to such other persons or
agencies as from time to time may be authorized by any court.
In particular, the contents of those case files shall be made
available upon request to a law enforcement agency for the
purpose of determining the current address of a recipient
with respect to whom an arrest warrant is outstanding.
Information shall also be disclosed to the Illinois State
Scholarship Commission pursuant to an investigation or audit
by the Illinois State Scholarship Commission of a delinquent
student loan or monetary award.
This Section does not prevent the Illinois Department and
local governmental units from reporting to appropriate law
enforcement officials the desertion or abandonment by a
parent of a child, as a result of which financial aid has
been necessitated under Articles IV, V, VI, or VII, or
reporting to appropriate law enforcement officials instances
in which a mother under age 18 has a child out of wedlock and
is an applicant for or recipient of aid under any Article of
this Code. The Illinois Department may provide by rule for
the county departments and local governmental units to
initiate proceedings under the Juvenile Court Act of 1987 to
have children declared to be neglected when they deem such
action necessary to protect the children from immoral
influences present in their home or surroundings.
This Section does not preclude the full exercise of the
powers of the Board of Public Aid Commissioners to inspect
records and documents, as provided for all advisory boards
pursuant to Section 8 of "The Civil Administrative Code of
Illinois", approved March 7, 1917, as amended.
This Section does not preclude exchanges of information
among the Illinois Department of Public Aid, the Department
of Human Services (as successor to the Department of Public
Aid), and the Illinois Department of Revenue for the purpose
of verifying sources and amounts of income and for other
purposes directly connected with the administration of this
Code and of the Illinois Income Tax Act.
The provisions of this Section and of Section 11-11 as
they apply to applicants and recipients of public aid under
Articles III, IV and V shall be operative only to the extent
that they do not conflict with any Federal law or regulation
governing Federal grants to this State for such programs.
The Illinois Department of Public Aid and the Department
of Human Services (as successor to the Illinois Department of
Public Aid) shall enter into an inter-agency agreement with
the Department of Children and Family Services to establish a
procedure by which employees of the Department of Children
and Family Services may have immediate access to records,
files, papers, and communications (except medical, alcohol or
drug assessment or treatment, mental health, or any other
medical records) of the Illinois Department, county
departments, and local governmental units receiving State or
federal funds or aid, if the Department of Children and
Family Services determines the information is necessary to
perform its duties under the Abused and Neglected Child
Reporting Act, the Child Care Act of 1969, and the Children
and Family Services Act.
(Source: P.A. 89-507, eff. 7-1-97; 89-583, eff. 1-1-97;
90-14, eff. 7-1-97.)
ARTICLE 2001. JUVENILE JUSTICE REFORM
Section 2001-5. The Children and Family Services Act is
amended by changing Sections 5 and 5.15 as follows:
(20 ILCS 505/5) (from Ch. 23, par. 5005)
Sec. 5. Direct child welfare services; Department of
Children and Family Services. To provide direct child welfare
services when not available through other public or private
child care or program facilities.
(a) For purposes of this Section:
(1) "Children" means persons found within the State
who are under the age of 18 years. The term also
includes persons under age 19 who:
(A) were committed to the Department pursuant
to the Juvenile Court Act or the Juvenile Court Act
of 1987, as amended, prior to the age of 18 and who
continue under the jurisdiction of the court; or
(B) were accepted for care, service and
training by the Department prior to the age of 18
and whose best interest in the discretion of the
Department would be served by continuing that care,
service and training because of severe emotional
disturbances, physical disability, social adjustment
or any combination thereof, or because of the need
to complete an educational or vocational training
program.
(2) "Homeless youth" means persons found within the
State who are under the age of 19, are not in a safe and
stable living situation and cannot be reunited with their
families.
(3) "Child welfare services" means public social
services which are directed toward the accomplishment of
the following purposes:
(A) protecting and promoting the health,
safety and welfare of children, including homeless,
dependent or neglected children;
(B) remedying, or assisting in the solution of
problems which may result in, the neglect, abuse,
exploitation or delinquency of children;
(C) preventing the unnecessary separation of
children from their families by identifying family
problems, assisting families in resolving their
problems, and preventing the breakup of the family
where the prevention of child removal is desirable
and possible when the child can be cared for at home
without endangering the child's health and safety;
(D) restoring to their families children who
have been removed, by the provision of services to
the child and the families when the child can be
cared for at home without endangering the child's
health and safety;
(E) placing children in suitable adoptive
homes, in cases where restoration to the biological
family is not safe, possible or appropriate;
(F) assuring safe and adequate care of
children away from their homes, in cases where the
child cannot be returned home or cannot be placed
for adoption. At the time of placement, the
Department shall consider concurrent planning, as
described in subsection (l-1) of this Section so
that permanency may occur at the earliest
opportunity. Consideration should be given so that
if reunification fails or is delayed, the placement
made is the best available placement to provide
permanency for the child;
(G) (blank);
(H) (blank); and
(I) placing and maintaining children in
facilities that provide separate living quarters for
children under the age of 18 and for children 18
years of age and older, unless a child 18 years of
age is in the last year of high school education or
vocational training, in an approved individual or
group treatment program, or in a licensed shelter
facility. The Department is not required to place or
maintain children:
(i) who are in a foster home, or
(ii) who are persons with a developmental
disability, as defined in the Mental Health and
Developmental Disabilities Code, or
(iii) who are female children who are
pregnant, pregnant and parenting or parenting,
or
(iv) who are siblings,
in facilities that provide separate living quarters
for children 18 years of age and older and for
children under 18 years of age.
(b) Nothing in this Section shall be construed to
authorize the expenditure of public funds for the purpose of
performing abortions.
(c) The Department shall establish and maintain
tax-supported child welfare services and extend and seek to
improve voluntary services throughout the State, to the end
that services and care shall be available on an equal basis
throughout the State to children requiring such services.
(d) The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department. As a prerequisite for an advance disbursement,
the contractor must post a surety bond in the amount of the
advance disbursement and have a purchase of service contract
approved by the Department. The Department may pay up to 2
months operational expenses in advance. The amount of the
advance disbursement shall be prorated over the life of the
contract or the remaining months of the fiscal year,
whichever is less, and the installment amount shall then be
deducted from future bills. Advance disbursement
authorizations for new initiatives shall not be made to any
agency after that agency has operated during 2 consecutive
fiscal years. The requirements of this Section concerning
advance disbursements shall not apply with respect to the
following: payments to local public agencies for child day
care services as authorized by Section 5a of this Act; and
youth service programs receiving grant funds under Section
17a-4.
(e) (Blank).
(f) (Blank).
(g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the
goals of child safety and protection, family preservation,
family reunification, and adoption, including but not limited
to:
(1) adoption;
(2) foster care;
(3) family counseling;
(4) protective services;
(5) (blank);
(6) homemaker service;
(7) return of runaway children;
(8) (blank);
(9) placement under Section 5-7 of the Juvenile
Court Act or Section 2-27, 3-28, 4-25 or 5-740 5-29 of
the Juvenile Court Act of 1987 in accordance with the
federal Adoption Assistance and Child Welfare Act of
1980; and
(10) interstate services.
Rules and regulations established by the Department shall
include provisions for training Department staff and the
staff of Department grantees, through contracts with other
agencies or resources, in alcohol and drug abuse screening
techniques approved by the Department of Human Services, as a
successor to the Department of Alcoholism and Substance
Abuse, for the purpose of identifying to identify children
and adults who should be referred to an alcohol and drug
abuse treatment program for professional evaluation.
(h) If the Department finds that there is no appropriate
program or facility within or available to the Department for
a ward and that no licensed private facility has an adequate
and appropriate program or none agrees to accept the ward,
the Department shall create an appropriate individualized,
program-oriented plan for such ward. The plan may be
developed within the Department or through purchase of
services by the Department to the extent that it is within
its statutory authority to do.
(i) Service programs shall be available throughout the
State and shall include but not be limited to the following
services:
(1) case management;
(2) homemakers;
(3) counseling;
(4) parent education;
(5) day care; and
(6) emergency assistance and advocacy.
In addition, the following services may be made available
to assess and meet the needs of children and families:
(1) comprehensive family-based services;
(2) assessments;
(3) respite care; and
(4) in-home health services.
The Department shall provide transportation for any of
the services it makes available to children or families or
for which it refers children or families.
(j) The Department may provide categories of financial
assistance and education assistance grants, and shall
establish rules and regulations concerning the assistance and
grants, to persons who adopt physically or mentally
handicapped, older and other hard-to-place children who
immediately prior to their adoption were legal wards of the
Department. The Department may also provide categories of
financial assistance and education assistance grants, and
shall establish rules and regulations for the assistance and
grants, to persons appointed guardian of the person under
Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
4-25 or 5-740 5-29 of the Juvenile Court Act of 1987 for
children who were wards of the Department for 12 months
immediately prior to the appointment of the successor
guardian and for whom the Department has set a goal of
permanent family placement with a foster family.
The amount of assistance may vary, depending upon the
needs of the child and the adoptive parents, as set forth in
the annual assistance agreement. Special purpose grants are
allowed where the child requires special service but such
costs may not exceed the amounts which similar services would
cost the Department if it were to provide or secure them as
guardian of the child.
Any financial assistance provided under this subsection
is inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection
of a judgment or debt.
(k) The Department shall accept for care and training
any child who has been adjudicated neglected or abused, or
dependent committed to it pursuant to the Juvenile Court Act
or the Juvenile Court Act of 1987.
(l) Before July 1, 2000, the Department may provide, and
beginning July 1, 2000, the Department shall provide, family
preservation services, as determined to be appropriate and in
the child's best interests and when the child will be safe
and not be in imminent risk of harm, to any family whose
child has been placed in substitute care, any persons who
have adopted a child and require post-adoption services, or
any persons whose child or children are at risk of being
placed outside their home as documented by an "indicated"
report of suspected child abuse or neglect determined
pursuant to the Abused and Neglected Child Reporting Act.
Nothing in this paragraph shall be construed to create a
private right of action or claim on the part of any
individual or child welfare agency.
The Department shall notify the child and his family of
the Department's responsibility to offer and provide family
preservation services as identified in the service plan. The
child and his family shall be eligible for services as soon
as the report is determined to be "indicated". The
Department may offer services to any child or family with
respect to whom a report of suspected child abuse or neglect
has been filed, prior to concluding its investigation under
Section 7.12 of the Abused and Neglected Child Reporting Act.
However, the child's or family's willingness to accept
services shall not be considered in the investigation. The
Department may also provide services to any child or family
who is the subject of any report of suspected child abuse or
neglect or may refer such child or family to services
available from other agencies in the community, even if the
report is determined to be unfounded, if the conditions in
the child's or family's home are reasonably likely to subject
the child or family to future reports of suspected child
abuse or neglect. Acceptance of such services shall be
voluntary.
The Department may, at its discretion except for those
children also adjudicated neglected or dependent, accept for
care and training any child who has been adjudicated
addicted, as a truant minor in need of supervision or as a
minor requiring authoritative intervention, under the
Juvenile Court Act or the Juvenile Court Act of 1987, but no
such child shall be committed to the Department by any court
without the approval of the Department. A minor charged with
a criminal offense under the Criminal Code of 1961 or
adjudicated delinquent shall not be placed in the custody of
or committed to the Department by any court, except a minor
less than 13 years of age committed to the Department under
Section 5-710 5-23 of the Juvenile Court Act of 1987.
(l-1) The legislature recognizes that the best interests
of the child require that the child be placed in the most
permanent living arrangement as soon as is practically
possible. To achieve this goal, the legislature directs the
Department of Children and Family Services to conduct
concurrent planning so that permanency may occur at the
earliest opportunity. Permanent living arrangements may
include prevention of placement of a child outside the home
of the family when the child can be cared for at home without
endangering the child's health or safety; reunification with
the family, when safe and appropriate, if temporary placement
is necessary; or movement of the child toward the most
permanent living arrangement and permanent legal status.
When a child is placed in foster care, the Department
shall ensure and document that reasonable efforts were made
to prevent or eliminate the need to remove the child from the
child's home. The Department must make reasonable efforts to
reunify the family when temporary placement of the child
occurs or must request a finding from the court that
reasonable efforts are not appropriate or have been
unsuccessful. At any time after the dispositional hearing
where the Department believes that further reunification
services would be ineffective, it may request a finding from
the court that reasonable efforts are no longer appropriate.
The Department is not required to provide further
reunification services after such a finding.
A decision to place a child in substitute care shall be
made with considerations of the child's health, safety, and
best interests. At the time of placement, consideration
should also be given so that if reunification fails or is
delayed, the placement made is the best available placement
to provide permanency for the child.
The Department shall adopt rules addressing concurrent
planning for reunification and permanency. The Department
shall consider the following factors when determining
appropriateness of concurrent planning:
(1) the likelihood of prompt reunification;
(2) the past history of the family;
(3) the barriers to reunification being addressed
by the family;
(4) the level of cooperation of the family;
(5) the foster parents' willingness to work with
the family to reunite;
(6) the willingness and ability of the foster
family to provide an adoptive home or long-term
placement;
(7) the age of the child;
(8) placement of siblings.
(m) The Department may assume temporary custody of any
child if:
(1) it has received a written consent to such
temporary custody signed by the parents of the child or
by the parent having custody of the child if the parents
are not living together or by the guardian or custodian
of the child if the child is not in the custody of either
parent, or
(2) the child is found in the State and neither a
parent, guardian nor custodian of the child can be
located.
If the child is found in his or her residence without a
parent, guardian, custodian or responsible caretaker, the
Department may, instead of removing the child and assuming
temporary custody, place an authorized representative of the
Department in that residence until such time as a parent,
guardian or custodian enters the home and expresses a
willingness and apparent ability to ensure the child's health
and safety and resume permanent charge of the child, or until
a relative enters the home and is willing and able to ensure
the child's health and safety and assume charge of the child
until a parent, guardian or custodian enters the home and
expresses such willingness and ability to ensure the child's
safety and resume permanent charge. After a caretaker has
remained in the home for a period not to exceed 12 hours, the
Department must follow those procedures outlined in Section
2-9, 3-11, 4-8 or 5-501 5-9 of the Juvenile Court Act of
1987.
The Department shall have the authority, responsibilities
and duties that a legal custodian of the child would have
pursuant to subsection (9) of Section 1-3 of the Juvenile
Court Act of 1987. Whenever a child is taken into temporary
custody pursuant to an investigation under the Abused and
Neglected Child Reporting Act, or pursuant to a referral and
acceptance under the Juvenile Court Act of 1987 of a minor in
limited custody, the Department, during the period of
temporary custody and before the child is brought before a
judicial officer as required by Section 2-9, 3-11, 4-8 or
5-501 5-9 of the Juvenile Court Act of 1987, shall have the
authority, responsibilities and duties that a legal custodian
of the child would have under subsection (9) of Section 1-3
of the Juvenile Court Act of 1987.
The Department shall ensure that any child taken into
custody is scheduled for an appointment for a medical
examination.
A parent, guardian or custodian of a child in the
temporary custody of the Department who would have custody of
the child if he were not in the temporary custody of the
Department may deliver to the Department a signed request
that the Department surrender the temporary custody of the
child. The Department may retain temporary custody of the
child for 10 days after the receipt of the request, during
which period the Department may cause to be filed a petition
pursuant to the Juvenile Court Act of 1987. If a petition is
so filed, the Department shall retain temporary custody of
the child until the court orders otherwise. If a petition is
not filed within the 10 day period, the child shall be
surrendered to the custody of the requesting parent, guardian
or custodian not later than the expiration of the 10 day
period, at which time the authority and duties of the
Department with respect to the temporary custody of the child
shall terminate.
(n) The Department may place children under 18 years of
age in licensed child care facilities when in the opinion of
the Department, appropriate services aimed at family
preservation have been unsuccessful and cannot ensure the
child's health and safety or are unavailable and such
placement would be for their best interest. Payment for
board, clothing, care, training and supervision of any child
placed in a licensed child care facility may be made by the
Department, by the parents or guardians of the estates of
those children, or by both the Department and the parents or
guardians, except that no payments shall be made by the
Department for any child placed in a licensed child care
facility for board, clothing, care, training and supervision
of such a child that exceed the average per capita cost of
maintaining and of caring for a child in institutions for
dependent or neglected children operated by the Department.
However, such restriction on payments does not apply in cases
where children require specialized care and treatment for
problems of severe emotional disturbance, physical
disability, social adjustment, or any combination thereof and
suitable facilities for the placement of such children are
not available at payment rates within the limitations set
forth in this Section. All reimbursements for services
delivered shall be absolutely inalienable by assignment,
sale, attachment, garnishment or otherwise.
(o) The Department shall establish an administrative
review and appeal process for children and families who
request or receive child welfare services from the
Department. Children who are wards of the Department and are
placed by private child welfare agencies, and foster families
with whom those children are placed, shall be afforded the
same procedural and appeal rights as children and families in
the case of placement by the Department, including the right
to an initial review of a private agency decision by that
agency. The Department shall insure that any private child
welfare agency, which accepts wards of the Department for
placement, affords those rights to children and foster
families. The Department shall accept for administrative
review and an appeal hearing a complaint made by a child or
foster family concerning a decision following an initial
review by a private child welfare agency. An appeal of a
decision concerning a change in the placement of a child
shall be conducted in an expedited manner.
(p) There is hereby created the Department of Children
and Family Services Emergency Assistance Fund from which the
Department may provide special financial assistance to
families which are in economic crisis when such assistance is
not available through other public or private sources and the
assistance is deemed necessary to prevent dissolution of the
family unit or to reunite families which have been separated
due to child abuse and neglect. The Department shall
establish administrative rules specifying the criteria for
determining eligibility for and the amount and nature of
assistance to be provided. The Department may also enter
into written agreements with private and public social
service agencies to provide emergency financial services to
families referred by the Department. Special financial
assistance payments shall be available to a family no more
than once during each fiscal year and the total payments to a
family may not exceed $500 during a fiscal year.
(q) The Department may receive and use, in their
entirety, for the benefit of children any gift, donation or
bequest of money or other property which is received on
behalf of such children, or any financial benefits to which
such children are or may become entitled while under the
jurisdiction or care of the Department.
The Department shall set up and administer no-cost,
interest-bearing savings accounts in appropriate financial
institutions ("individual accounts") for children for whom
the Department is legally responsible and who have been
determined eligible for Veterans' Benefits, Social Security
benefits, assistance allotments from the armed forces, court
ordered payments, parental voluntary payments, Supplemental
Security Income, Railroad Retirement payments, Black Lung
benefits, or other miscellaneous payments. Interest earned
by each individual account shall be credited to the account,
unless disbursed in accordance with this subsection.
In disbursing funds from children's individual accounts,
the Department shall:
(1) Establish standards in accordance with State
and federal laws for disbursing money from children's
individual accounts. In all circumstances, the
Department's "Guardianship Administrator" or his or her
designee must approve disbursements from children's
individual accounts. The Department shall be responsible
for keeping complete records of all disbursements for
each individual account for any purpose.
(2) Calculate on a monthly basis the amounts paid
from State funds for the child's board and care, medical
care not covered under Medicaid, and social services; and
utilize funds from the child's individual account, as
covered by regulation, to reimburse those costs.
Monthly, disbursements from all children's individual
accounts, up to 1/12 of $13,000,000, shall be deposited
by the Department into the General Revenue Fund and the
balance over 1/12 of $13,000,000 into the DCFS Children's
Services Fund.
(3) Maintain any balance remaining after
reimbursing for the child's costs of care, as specified
in item (2). The balance shall accumulate in accordance
with relevant State and federal laws and shall be
disbursed to the child or his or her guardian, or to the
issuing agency.
(r) The Department shall promulgate regulations
encouraging all adoption agencies to voluntarily forward to
the Department or its agent names and addresses of all
persons who have applied for and have been approved for
adoption of a hard-to-place or handicapped child and the
names of such children who have not been placed for adoption.
A list of such names and addresses shall be maintained by the
Department or its agent, and coded lists which maintain the
confidentiality of the person seeking to adopt the child and
of the child shall be made available, without charge, to
every adoption agency in the State to assist the agencies in
placing such children for adoption. The Department may
delegate to an agent its duty to maintain and make available
such lists. The Department shall ensure that such agent
maintains the confidentiality of the person seeking to adopt
the child and of the child.
(s) The Department of Children and Family Services may
establish and implement a program to reimburse Department and
private child welfare agency foster parents licensed by the
Department of Children and Family Services for damages
sustained by the foster parents as a result of the malicious
or negligent acts of foster children, as well as providing
third party coverage for such foster parents with regard to
actions of foster children to other individuals. Such
coverage will be secondary to the foster parent liability
insurance policy, if applicable. The program shall be funded
through appropriations from the General Revenue Fund,
specifically designated for such purposes.
(t) The Department shall perform home studies and
investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois Marriage and
Dissolution of Marriage Act or the Adoption Act only if:
(1) an order entered by an Illinois court
specifically directs the Department to perform such
services; and
(2) the court has ordered one or both of the
parties to the proceeding to reimburse the Department for
its reasonable costs for providing such services in
accordance with Department rules, or has determined that
neither party is financially able to pay.
The Department shall provide written notification to the
court of the specific arrangements for supervised visitation
and projected monthly costs within 60 days of the court
order. The Department shall send to the court information
related to the costs incurred except in cases where the court
has determined the parties are financially unable to pay. The
court may order additional periodic reports as appropriate.
(u) Whenever the Department places a child in a licensed
foster home, group home, child care institution, or in a
relative home, the Department shall provide to the caretaker:
(1) available detailed information concerning the
child's educational and health history, copies of
immunization records (including insurance and medical
card information), a history of the child's previous
placements, if any, and reasons for placement changes
excluding any information that identifies or reveals the
location of any previous caretaker;
(2) a copy of the child's portion of the client
service plan, including any visitation arrangement, and
all amendments or revisions to it as related to the
child; and
(3) information containing details of the child's
individualized educational plan when the child is
receiving special education services.
The caretaker shall be informed of any known social or
behavioral information (including, but not limited to,
criminal background, fire setting, perpetuation of sexual
abuse, destructive behavior, and substance abuse) necessary
to care for and safeguard the child.
(u-5) Effective July 1, 1995, only foster care
placements licensed as foster family homes pursuant to the
Child Care Act of 1969 shall be eligible to receive foster
care payments from the Department. Relative caregivers who,
as of July 1, 1995, were approved pursuant to approved
relative placement rules previously promulgated by the
Department at 89 Ill. Adm. Code 335 and had submitted an
application for licensure as a foster family home may
continue to receive foster care payments only until the
Department determines that they may be licensed as a foster
family home or that their application for licensure is denied
or until September 30, 1995, whichever occurs first.
(v) The Department shall access criminal history record
information as defined in the Illinois Uniform Conviction
Information Act and information maintained in the
adjudicatory and dispositional record system as defined in
subdivision (A)19 of Section 55a of the Civil Administrative
Code of Illinois if the Department determines the information
is necessary to perform its duties under the Abused and
Neglected Child Reporting Act, the Child Care Act of 1969,
and the Children and Family Services Act. The Department
shall provide for interactive computerized communication and
processing equipment that permits direct on-line
communication with the Department of State Police's central
criminal history data repository. The Department shall
comply with all certification requirements and provide
certified operators who have been trained by personnel from
the Department of State Police. In addition, one Office of
the Inspector General investigator shall have training in the
use of the criminal history information access system and
have access to the terminal. The Department of Children and
Family Services and its employees shall abide by rules and
regulations established by the Department of State Police
relating to the access and dissemination of this information.
(w) Within 120 days of August 20, 1995 (the effective
date of Public Act 89-392), the Department shall prepare and
submit to the Governor and the General Assembly, a written
plan for the development of in-state licensed secure child
care facilities that care for children who are in need of
secure living arrangements for their health, safety, and
well-being. For purposes of this subsection, secure care
facility shall mean a facility that is designed and operated
to ensure that all entrances and exits from the facility, a
building or a distinct part of the building, are under the
exclusive control of the staff of the facility, whether or
not the child has the freedom of movement within the
perimeter of the facility, building, or distinct part of the
building. The plan shall include descriptions of the types
of facilities that are needed in Illinois; the cost of
developing these secure care facilities; the estimated number
of placements; the potential cost savings resulting from the
movement of children currently out-of-state who are projected
to be returned to Illinois; the necessary geographic
distribution of these facilities in Illinois; and a proposed
timetable for development of such facilities.
(Source: P.A. 89-21, eff. 6-6-95; 89-392, eff. 8-20-95;
89-507, eff. 7-1-97; 89-626, eff. 8-9-96; 90-11, eff. 1-1-98;
90-27, eff. 1-1-98; 90-28, eff. 1-1-98; 90-362, eff. 1-1-98;
revised 10-20-97.)
(20 ILCS 505/5.15)
Sec. 5.15. Daycare; Department of Human Services.
(a) For the purpose of ensuring effective statewide
planning, development, and utilization of resources for the
day care of children, operated under various auspices, the
Department of Human Services is designated to coordinate all
day care activities for children of the State and shall
develop or continue, and shall update every year, a State
comprehensive day-care plan for submission to the Governor
that identifies high-priority areas and groups, relating them
to available resources and identifying the most effective
approaches to the use of existing day care services. The
State comprehensive day-care plan shall be made available to
the General Assembly following the Governor's approval of
the plan.
The plan shall include methods and procedures for the
development of additional day care resources for children to
meet the goal of reducing short-run and long-run dependency
and to provide necessary enrichment and stimulation to the
education of young children. Recommendations shall be made
for State policy on optimum use of private and public, local,
State and federal resources, including an estimate of the
resources needed for the licensing and regulation of day care
facilities.
A written report shall be submitted to the Governor and
the General Assembly annually on April 15. The report shall
include an evaluation of developments over the preceding
fiscal year, including cost-benefit analyses of various
arrangements. Beginning with the report in 1990 submitted by
the Department's predecessor agency and every 2 years
thereafter, the report shall also include the following:
(1) An assessment of the child care services, needs
and available resources throughout the State and an
assessment of the adequacy of existing child care
services, including, but not limited to, services
assisted under this Act and under any other program
administered by other State agencies.
(2) A survey of day care facilities to determine
the number of qualified caregivers, as defined by rule,
attracted to vacant positions and any problems
encountered by facilities in attracting and retaining
capable caregivers.
(3) The average wages and salaries and fringe
benefit packages paid to caregivers throughout the State,
computed on a regional basis.
(4) The qualifications of new caregivers hired at
licensed day care facilities during the previous 2-year
period.
(5) Recommendations for increasing caregiver wages
and salaries to ensure quality care for children.
(6) Evaluation of the fee structure and income
eligibility for child care subsidized by the State.
The requirement for reporting to the General Assembly
shall be satisfied by filing copies of the report with the
Speaker, the Minority Leader, and the Clerk of the House of
Representatives, the President, the Minority Leader, and the
Secretary of the Senate, and the Legislative Research Unit,
as required by Section 3.1 of the General Assembly
Organization Act, and filing such additional copies with the
State Government Report Distribution Center for the General
Assembly as is required under paragraph (t) of Section 7 of
the State Library Act.
(b) The Department of Human Services shall establish
policies and procedures for developing and implementing
interagency agreements with other agencies of the State
providing child care services or reimbursement for such
services. The plans shall be annually reviewed and modified
for the purpose of addressing issues of applicability and
service system barriers.
(c) In cooperation with other State agencies, the
Department of Human Services shall develop and implement, or
shall continue, a resource and referral system for the State
of Illinois either within the Department or by contract with
local or regional agencies. Funding for implementation of
this system may be provided through Department appropriations
or other inter-agency funding arrangements. The resource and
referral system shall provide at least the following
services:
(1) Assembling and maintaining a data base on the
supply of child care services.
(2) Providing information and referrals for
parents.
(3) Coordinating the development of new child care
resources.
(4) Providing technical assistance and training to
child care service providers.
(5) Recording and analyzing the demand for child
care services.
(d) The Department of Human Services shall conduct day
care planning activities with the following priorities:
(1) Development of voluntary day care resources
wherever possible, with the provision for grants-in-aid
only where demonstrated to be useful and necessary as
incentives or supports.
(2) Emphasis on service to children of recipients
of public assistance when such service will allow
training or employment of the parent toward achieving the
goal of independence.
(3) Maximum employment of recipients of public
assistance in day care centers and day care homes,
operated in conjunction with short-term work training
programs.
(4) Care of children from families in stress and
crises whose members potentially may become, or are in
danger of becoming, non-productive and dependent.
(5) Expansion of family day care facilities
wherever possible.
(6) Location of centers in economically depressed
neighborhoods, preferably in multi-service centers with
cooperation of other agencies.
(7) Use of existing facilities free of charge or
for reasonable rental whenever possible in lieu of
construction.
(8) Development of strategies for assuring a more
complete range of day care options, including provision
of day care services in homes, in schools, or in centers,
which will enable a parent or parents to complete a
course of education or obtain or maintain employment.
Emphasis shall be given to support services that will
help to ensure such parents' graduation from high school and
to services for participants in the Project Chance program of
job training conducted by the Department.
(e) The Department of Human Services shall actively
stimulate the development of public and private resources at
the local level. It shall also seek the fullest utilization
of federal funds directly or indirectly available to the
Department.
Where appropriate, existing non-governmental agencies or
associations shall be involved in planning by the Department.
(f) To better accommodate the child care needs of low
income working families, especially those who receive
Temporary Assistance for Needy Families (TANF) or who are
transitioning from TANF to work, or who are at risk of
depending on TANF in the absence of child care, the
Department shall complete a study using outcome-based
assessment measurements to analyze the various types of child
care needs, including but not limited to: child care homes;
child care facilities; before and after school care; and
evening and weekend care. Based upon the findings of the
study, the Department shall develop a plan by April 15, 1998,
that identifies the various types of child care needs within
various geographic locations. The plan shall include, but
not be limited to, the special needs of parents and guardians
in need of non-traditional child care services such as early
mornings, evenings, and weekends; the needs of very low
income families and children and how they might be better
served; and strategies to assist child care providers to meet
the needs and schedules of low income families.
(Source: P.A. 89-507, eff. 7-1-97; 90-236, eff. 7-28-97.)
Section 2001-6. The Illinois Public Aid Code is amended
by changing Section 4-8 as follows:
(305 ILCS 5/4-8) (from Ch. 23, par. 4-8)
Sec. 4-8. Mismanagement of assistance grant.
(a) If the County Department has reason to believe that
the money payment for basic maintenance is not being used, or
may not be used, in the best interests of the child and the
family and that there is present or potential damage to the
standards of health and well-being that the grant is intended
to assure, the County Department shall provide the parent or
other relative with the counseling and guidance services with
respect to the use of the grant and the management of other
funds available to the family as may be required to assure
use of the grant in the best interests of the child and
family. The Illinois Department shall by rule prescribe
criteria which shall constitute evidence of grant
mismanagement. The criteria shall include but not be limited
to the following:
(1) A determination that a child in the assistance
unit is not receiving proper and necessary support or
other care for which assistance is being provided under
this Code.
(2) A record establishing that the parent or
relative has been found guilty of public assistance fraud
under Article VIIIA.
(3) A determination by an appropriate person,
entity, or agency that the parent or other relative
requires treatment for alcohol or substance abuse, mental
health services, or other special care or treatment.
The Department shall at least consider non-payment of
rent for two consecutive months as evidence of grant
mismanagement by a parent or relative of a recipient who is
responsible for making rental payments for the housing or
shelter of the child or family, unless the Department
determines that the non-payment is necessary for the
protection of the health and well-being of the recipient. The
County Department shall advise the parent or other relative
grantee that continued mismanagement will result in the
application of one of the sanctions specified in this
Section.
The Illinois Department shall consider irregular school
attendance by children of school age grades 1 through 8, as
evidence of lack of proper and necessary support or care.
The Department may extend this consideration to children in
grades higher than 8.
The Illinois Department shall develop preventive programs
in collaboration with school and social service networks to
encourage school attendance of children receiving assistance
under Article IV. To the extent that Illinois Department and
community resources are available, the programs shall serve
families whose children in grades 1 through 8 are not
attending school regularly, as defined by the school. The
Department may extend these programs to families whose
children are in grades higher than 8. The programs shall
include referrals from the school to a social service
network, assessment and development of a service plan by one
or more network representatives, and the Illinois
Department's encouragement of the family to follow through
with the service plan. Families that fail to follow the
service plan as determined by the service provider, shall be
subject to the protective payment provisions of this Section
and Section 4-9 of this Code.
Families for whom a protective payment plan has been in
effect for at least 3 months and whose school children
continue to regularly miss school shall be subject to
sanction under Section 4-21. The sanction shall continue
until the children demonstrate satisfactory attendance, as
defined by the school. To the extent necessary to implement
this Section, the Illinois Department shall seek appropriate
waivers of federal requirements from the U.S. Department of
Health and Human Services.
The Illinois Department may implement the amendatory
changes to this Section made by this amendatory Act of 1995
through the use of emergency rules in accordance with the
provisions of Section 5-45 of the Illinois Administrative
Procedure Act. For purposes of the Illinois Administrative
Procedure Act, the adoption of rules to implement the
amendatory changes to this Section made by this amendatory
Act of 1995 shall be deemed an emergency and necessary for
the public interest, safety, and welfare.
(b) In areas of the State where clinically appropriate
substance abuse treatment capacity is available, if the local
office has reason to believe that a caretaker relative is
experiencing substance abuse, the local office shall refer
the caretaker relative to a licensed treatment provider for
assessment. If the assessment indicates that the caretaker
relative is experiencing substance abuse, the local office
shall require the caretaker relative to comply with all
treatment recommended by the assessment. If the caretaker
relative refuses without good cause, as determined by rules
of the Illinois Department, to submit to the assessment or
treatment, the caretaker relative shall be ineligible for
assistance, and the local office shall take one or more of
the following actions:
(i) If there is another family member or friend who
is ensuring that the family's needs are being met, that
person, if willing, shall be assigned as protective
payee.
(ii) If there is no family member or close friend
to serve as protective payee, the local office shall
provide for a protective payment to a substitute payee as
provided in Section 4-9. The Department also shall
determine whether if a referral to the Department of
Children and Family Services is warranted and, if
appropriate, shall make the referral.
(iii) The Department shall contact the individual
who is thought to be experiencing substance abuse and
explain why the protective payee has been assigned and
refer the individual to treatment.
(c) This subsection (c) applies to cases other than
those described in subsection (b). If the efforts to correct
the mismanagement of the grant have failed, the County
Department, in accordance with the rules and regulations of
the Illinois Department, shall initiate one or more of the
following actions:
1. Provide for a protective payment to a substitute
payee, as provided in Section 4-9. This action may be
initiated for any assistance unit containing a child
determined to be neglected by the Department of Children
and Family Services under the Abused and Neglected Child
Reporting Act, and in any case involving a record of
public assistance fraud.
2. Provide for issuance of all or part of the grant
in the form of disbursing orders. This action may be
initiated in any case involving a record of public
assistance fraud, or upon the request of a substitute
payee designated under Section 4-9.
3. File a petition under the Juvenile Court Act of
1987 for an Order of Protection under Sections 2-25,
2-26, 3-26, and 3-27, 4-23, 4-24, 5-730 5-27, or 5-735
5-28 of that Act.
4. Institute a proceeding under the Juvenile Court
Act of 1987 for the appointment of a guardian or legal
representative for the purpose of receiving and managing
the public aid grant.
5. If the mismanagement of the grant, together with
other factors, have rendered the home unsuitable for the
best welfare of the child, file a neglect petition under
the Juvenile Court Act of 1987, requesting the removal of
the child or children.
(Source: P.A. 89-6, eff. 3-6-95; 90-17, eff. 7-1-97; 90-249,
eff. 1-1-98; revised 8-4-97.)
Section 2001-7. The Illinois Vehicle Code is amended by
changing Section 6-205 as follows:
(625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
Sec. 6-205. Mandatory revocation of license or permit;
Hardship cases.
(a) Except as provided in this Section, the Secretary of
State shall immediately revoke the license or permit of any
driver upon receiving a report of the driver's conviction of
any of the following offenses:
1. Reckless homicide resulting from the operation
of a motor vehicle;
2. Violation of Section 11-501 of this Code or a
similar provision of a local ordinance relating to the
offense of operating or being in physical control of a
vehicle while under the influence of alcohol, other drug,
or combination of both;
3. Any felony under the laws of any State or the
federal government in the commission of which a motor
vehicle was used;
4. Violation of Section 11-401 of this Code
relating to the offense of leaving the scene of a traffic
accident involving death or personal injury;
5. Perjury or the making of a false affidavit or
statement under oath to the Secretary of State under this
Code or under any other law relating to the ownership or
operation of motor vehicles;
6. Conviction upon 3 charges of violation of
Section 11-503 of this Code relating to the offense of
reckless driving committed within a period of 12 months;
7. Conviction of the offense of automobile theft as
defined in Section 4-102 of this Code;
8. Violation of Section 11-504 of this Code
relating to the offense of drag racing;
9. Violation of Chapters 8 and 9 of this Code;
10. Violation of Section 12-5 of the Criminal Code
of 1961 arising from the use of a motor vehicle;
11. Violation of Section 11-204.1 of this Code
relating to aggravated fleeing or attempting to elude a
police officer;
12. Violation of paragraph (1) of subsection (b) of
Section 6-507, or a similar law of any other state,
relating to the unlawful operation of a commercial motor
vehicle;
13. Violation of paragraph (a) of Section 11-502 of
this Code or a similar provision of a local ordinance if
the driver has been previously convicted of a violation
of that Section or a similar provision of a local
ordinance and the driver was less than 21 years of age at
the time of the offense.
(b) The Secretary of State shall also immediately revoke
the license or permit of any driver in the following
situations:
1. Of any minor upon receiving the notice provided
for in Section 5-901 1-8 of the Juvenile Court Act of
1987 that the minor has been adjudicated under that Act
as having committed an offense relating to motor vehicles
prescribed in Section 4-103 of this Code;
2. Of any person when any other law of this State
requires either the revocation or suspension of a license
or permit.
(c) Whenever a person is convicted of any of the
offenses enumerated in this Section, the court may recommend
and the Secretary of State in his discretion, without regard
to whether the recommendation is made by the court, may, upon
application, issue to the person a restricted driving permit
granting the privilege of driving a motor vehicle between the
petitioner's residence and petitioner's place of employment
or within the scope of the petitioner's employment related
duties, or to allow transportation for the petitioner or a
household member of the petitioner's family for the receipt
of necessary medical care or, if the professional evaluation
indicates, provide transportation for the petitioner for
alcohol remedial or rehabilitative activity, or for the
petitioner to attend classes, as a student, in an accredited
educational institution; if the petitioner is able to
demonstrate that no alternative means of transportation is
reasonably available and the petitioner will not endanger the
public safety or welfare; provided that the Secretary's
discretion shall be limited to cases where undue hardship
would result from a failure to issue the restricted driving
permit. In each case the Secretary of State may issue a
restricted driving permit for a period he deems appropriate,
except that the permit shall expire within one year from the
date of issuance. A restricted driving permit issued under
this Section shall be subject to cancellation, revocation,
and suspension by the Secretary of State in like manner and
for like cause as a driver's license issued under this Code
may be cancelled, revoked, or suspended; except that a
conviction upon one or more offenses against laws or
ordinances regulating the movement of traffic shall be deemed
sufficient cause for the revocation, suspension, or
cancellation of a restricted driving permit. The Secretary of
State may, as a condition to the issuance of a restricted
driving permit, require the applicant to participate in a
designated driver remedial or rehabilitative program. The
Secretary of State is authorized to cancel a restricted
driving permit if the permit holder does not successfully
complete the program. However, if an individual's driving
privileges have been revoked in accordance with paragraph 13
of subsection (a) of this Section, no restricted driving
permit shall be issued until the individual has served 6
months of the revocation period.
(d) Whenever a person under the age of 21 is convicted
under Section 11-501 of this Code or a similar provision of a
local ordinance, the Secretary of State shall revoke the
driving privileges of that person. One year after the date
of revocation, and upon application, the Secretary of State
may, if satisfied that the person applying will not endanger
the public safety or welfare, issue a restricted driving
permit granting the privilege of driving a motor vehicle only
between the hours of 5 a.m. and 9 p.m. or as otherwise
provided by this Section for a period of one year. After
this one year period, and upon reapplication for a license as
provided in Section 6-106, upon payment of the appropriate
reinstatement fee provided under paragraph (b) of Section
6-118, the Secretary of State, in his discretion, may issue
the applicant a license, or extend the restricted driving
permit as many times as the Secretary of State deems
appropriate, by additional periods of not more than 12 months
each, until the applicant attains 21 years of age. A
restricted driving permit issued under this Section shall be
subject to cancellation, revocation, and suspension by the
Secretary of State in like manner and for like cause as a
driver's license issued under this Code may be cancelled,
revoked, or suspended; except that a conviction upon one or
more offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for the
revocation, suspension, or cancellation of a restricted
driving permit. Any person under 21 years of age who has a
driver's license revoked for a second or subsequent
conviction for driving under the influence, prior to the age
of 21, shall not be eligible to submit an application for a
full reinstatement of driving privileges or a restricted
driving permit until age 21 or one additional year from the
date of the latest such revocation, whichever is the longer.
The revocation periods contained in this subparagraph shall
apply to similar out-of-state convictions.
(e) This Section is subject to the provisions of the
Driver License Compact.
(f) Any revocation imposed upon any person under
subsections 2 and 3 of paragraph (b) that is in effect on
December 31, 1988 shall be converted to a suspension for a
like period of time.
(g) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been revoked under any provisions of
this Code.
(Source: P.A. 89-156, eff. 1-1-96; 89-245, eff. 1-1-96;
89-626, eff. 8-9-96; 90-369, eff. 1-1-98.)
Section 2001-10. The Juvenile Court Act of 1987 is
amended by changing Sections 1-3, 1-4.1, 1-5, 1-9, 2-10,
2-12, 2-27, 2-28, 3-8, 3-10, 3-12, 3-14, 4-9, 4-11, 6-1, 6-8,
6-9, and 6-10, renumbering and changing Sections 5-35 and
5-36, adding Section 6-12, and adding Parts 1 through 9 to
Article V as follows:
(705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
Sec. 1-3. Definitions. Terms used in this Act, unless
the context otherwise requires, have the following meanings
ascribed to them:
(1) Adjudicatory hearing. "Adjudicatory hearing" means a
hearing to determine whether the allegations of a petition
under Section 2-13, 3-15 or 4-12 that a minor under 18 years
of age is abused, neglected or dependent, or requires
authoritative intervention, or addicted, respectively, are
supported by a preponderance of the evidence or whether the
allegations of a petition under Section 5-520 5-13 that a
minor is delinquent are proved beyond a reasonable doubt.
(2) Adult. "Adult" means a person 21 years of age or
older.
(3) Agency. "Agency" means a public or private child
care facility legally authorized or licensed by this State
for placement or institutional care or for both placement and
institutional care.
(4) Association. "Association" means any organization,
public or private, engaged in welfare functions which include
services to or on behalf of children but does not include
"agency" as herein defined.
(4.1) Chronic truant. "Chronic truant" shall have the
definition ascribed to it in Section 26-2a of The School
Code.
(5) Court. "Court" means the circuit court in a session
or division assigned to hear proceedings under this Act.
(6) Dispositional hearing. "Dispositional hearing" means
a hearing to determine whether a minor should be adjudged to
be a ward of the court, and to determine what order of
disposition should be made in respect to a minor adjudged to
be a ward of the court.
(7) Emancipated minor. "Emancipated minor" means any
minor 16 years of age or over who has been completely or
partially emancipated under the "Emancipation of Mature
Minors Act", enacted by the Eighty-First General Assembly, or
under this Act.
(8) Guardianship of the person. "Guardianship of the
person" of a minor means the duty and authority to act in the
best interests of the minor, subject to residual parental
rights and responsibilities, to make important decisions in
matters having a permanent effect on the life and development
of the minor and to be concerned with his or her general
welfare. It includes but is not necessarily limited to:
(a) the authority to consent to marriage, to
enlistment in the armed forces of the United States, or
to a major medical, psychiatric, and surgical treatment;
to represent the minor in legal actions; and to make
other decisions of substantial legal significance
concerning the minor;
(b) the authority and duty of reasonable
visitation, except to the extent that these have been
limited in the best interests of the minor by court
order;
(c) the rights and responsibilities of legal
custody except where legal custody has been vested in
another person or agency; and
(d) the power to consent to the adoption of the
minor, but only if expressly conferred on the guardian in
accordance with Section 2-29, 3-30, or 4-27 or 5-31.
(9) Legal custody. "Legal custody" means the
relationship created by an order of court in the best
interests of the minor which imposes on the custodian the
responsibility of physical possession of a minor and the duty
to protect, train and discipline him and to provide him with
food, shelter, education and ordinary medical care, except as
these are limited by residual parental rights and
responsibilities and the rights and responsibilities of the
guardian of the person, if any.
(10) Minor. "Minor" means a person under the age of 21
years subject to this Act.
(11) Parents. "Parent" means the father or mother of a
child and includes any adoptive parent. It also includes the
father whose paternity is presumed or has been established
under the law of this or another jurisdiction. It does not
include a parent whose rights in respect to the minor have
been terminated in any manner provided by law.
(11.1) "Permanency goal" means a goal set by a service
plan or an administrative case review, including, but not
limited to, (i) remaining home, (ii) returning home to a
specified parent or guardian, (iii) adoption, (iv) successor
guardianship, (v) long-term relative foster care, (vi) other
long-term substitute care, when no other goal is appropriate,
or (vii) emancipation.
(11.2) "Permanency review hearing" means a hearing to
review and determine (i) the appropriateness of the
permanency goal in light of the permanency alternatives, (ii)
the appropriateness of the plan to achieve the goal, (iii)
the appropriateness of the services delivered and to be
delivered to effectuate the plan and goal, and (iv) the
efforts being made by all the parties to achieve the plan and
goal.
(12) Petition. "Petition" means the petition provided
for in Section 2-13, 3-15, 4-12 or 5-520 5-13, including any
supplemental petitions thereunder.
(13) Residual parental rights and responsibilities.
"Residual parental rights and responsibilities" means those
rights and responsibilities remaining with the parent after
the transfer of legal custody or guardianship of the person,
including, but not necessarily limited to, the right to
reasonable visitation (which may be limited by the court in
the best interests of the minor as provided in subsection
(8)(b) of this Section), the right to consent to adoption,
the right to determine the minor's religious affiliation, and
the responsibility for his support.
(14) Shelter. "Shelter" means the temporary care of a
minor in physically unrestricting facilities pending court
disposition or execution of court order for placement.
(15) Station adjustment. "Station adjustment" means the
informal handling of an alleged offender by a juvenile police
officer.
(16) Ward of the court. "Ward of the court" means a
minor who is so adjudged under Section 2-22, 3-23, 4-20 or
5-705 5-22, after a finding of the requisite jurisdictional
facts, and thus is subject to the dispositional powers of the
court under this Act.
(17) Juvenile police officer. "Juvenile police officer"
means a sworn police officer who has completed a Basic
Recruit Training Course, has been assigned to the position of
juvenile police officer by his or her chief law enforcement
officer and has completed the necessary juvenile officers
training as prescribed by the Illinois Law Enforcement
Training Standards Board, or in the case of a State police
officer, juvenile officer training approved by the Director
of the Department of State Police.
(Source: P.A. 88-7, Sec. 5; 88-7, Sec. 15; 88-487; 88-586,
eff. 8-12-94; 88-670, eff. 12-2-94.)
(705 ILCS 405/1-4.1) (from Ch. 37, par. 801-4.1)
Sec. 1-4.1. Except for minors accused of violation of an
order of the court, any minor accused of any act under
federal or State law, or a municipal ordinance that would not
be illegal if committed by an adult, cannot be placed in a
jail, municipal lockup, detention center or secure
correctional facility. Confinement in a county jail of a
minor accused of a violation of an order of the court, or of
a minor for whom there is reasonable cause to believe that
the minor is a person described in subsection (3) of Section
5-105 5-3, shall be in accordance with the restrictions set
forth in Sections 5-410 and 5-501 Sections 5-7 and 5-10 of
this Act.
(Source: P.A. 89-656, eff. 1-1-97.)
(705 ILCS 405/1-5) (from Ch. 37, par. 801-5)
Sec. 1-5. Rights of parties to proceedings.
(1) Except as provided in this Section and paragraph (2)
of Sections 2-22, 3-23, 4-20, 5-610 or 5-705 5-22, the minor
who is the subject of the proceeding and his parents,
guardian, legal custodian or responsible relative who are
parties respondent have the right to be present, to be heard,
to present evidence material to the proceedings, to
cross-examine witnesses, to examine pertinent court files and
records and also, although proceedings under this Act are not
intended to be adversary in character, the right to be
represented by counsel. At the request of any party
financially unable to employ counsel, with the exception of a
foster parent permitted to intervene under this Section, the
court shall appoint the Public Defender or such other counsel
as the case may require. Counsel appointed for the minor and
any indigent party shall appear at all stages of the trial
court proceeding, and such appointment shall continue through
the permanency hearings and termination of parental rights
proceedings subject to withdrawal or substitution pursuant to
Supreme Court Rules or the Code of Civil Procedure. Following
the dispositional hearing, the court may require appointed
counsel to withdraw his or her appearance upon failure of the
party for whom counsel was appointed under this Section to
attend any subsequent proceedings.
No hearing on any petition or motion filed under this Act
may be commenced unless the minor who is the subject of the
proceeding is represented by counsel. Each adult respondent
shall be furnished a written "Notice of Rights" at or before
the first hearing at which he or she appears.
(1.5) The Department shall maintain a system of response
to inquiry made by parents or putative parents as to whether
their child is under the custody or guardianship of the
Department; and if so, the Department shall direct the
parents or putative parents to the appropriate court of
jurisdiction, including where inquiry may be made of the
clerk of the court regarding the case number and the next
scheduled court date of the minor's case. Effective notice
and the means of accessing information shall be given to the
public on a continuing basis by the Department.
(2) (a) Though not appointed guardian or legal custodian
or otherwise made a party to the proceeding, any current or
previously appointed foster parent or representative of an
agency or association interested in the minor has the right
to be heard by the court, but does not thereby become a party
to the proceeding.
In addition to the foregoing right to be heard by the
court, any current foster parent of a minor and the agency
designated by the court or the Department of Children and
Family Services as custodian of the minor who has been
adjudicated an abused or neglected minor under Section 2-3 or
a dependent minor under Section 2-4 of this Act has the right
to and shall be given adequate notice at all stages of any
hearing or proceeding under this Act wherein the custody or
status of the minor may be changed. Such notice shall
contain a statement regarding the nature and denomination of
the hearing or proceeding to be held, the change in custody
or status of the minor sought to be obtained at such hearing
or proceeding, and the date, time and place of such hearing
or proceeding. The Department of Children and Family
Services or the licensed child welfare agency that has placed
the minor with the foster parent shall notify the clerk of
the court of the name and address of the current foster
parent. The clerk shall mail the notice by certified mail
marked for delivery to addressee only. The regular return
receipt for certified mail is sufficient proof of service.
Any foster parent who is denied his or her right to be
heard under this Section may bring a mandamus action under
Article XIV of the Code of Civil Procedure against the court
or any public agency to enforce that right. The mandamus
action may be brought immediately upon the denial of those
rights but in no event later than 30 days after the foster
parent has been denied the right to be heard.
(b) If after an adjudication that a minor is abused or
neglected as provided under Section 2-21 of this Act and a
motion has been made to restore the minor to any parent,
guardian, or legal custodian found by the court to have
caused the neglect or to have inflicted the abuse on the
minor, a foster parent may file a motion to intervene in the
proceeding for the sole purpose of requesting that the minor
be placed with the foster parent, provided that the foster
parent (i) is the current foster parent of the minor or (ii)
has previously been a foster parent for the minor for one
year or more, has a foster care license or is eligible for a
license, and is not the subject of any findings of abuse or
neglect of any child. The juvenile court may only enter
orders placing a minor with a specific foster parent under
this subsection (2)(b) and nothing in this Section shall be
construed to confer any jurisdiction or authority on the
juvenile court to issue any other orders requiring the
appointed guardian or custodian of a minor to place the minor
in a designated foster home or facility. This Section is not
intended to encompass any matters that are within the scope
or determinable under the administrative and appeal process
established by rules of the Department of Children and Family
Services under Section 5(o) of the Children and Family
Services Act. Nothing in this Section shall relieve the
court of its responsibility, under Section 2-14(a) of this
Act to act in a just and speedy manner to reunify families
where it is the best interests of the minor and the child can
be cared for at home without endangering the child's health
or safety and, if reunification is not in the best interests
of the minor, to find another permanent home for the minor.
Nothing in this Section, or in any order issued by the court
with respect to the placement of a minor with a foster
parent, shall impair the ability of the Department of
Children and Family Services, or anyone else authorized under
Section 5 of the Abused and Neglected Child Reporting Act, to
remove a minor from the home of a foster parent if the
Department of Children and Family Services or the person
removing the minor has reason to believe that the
circumstances or conditions of the minor are such that
continuing in the residence or care of the foster parent will
jeopardize the child's health and safety or present an
imminent risk of harm to that minor's life.
(c) If a foster parent has had the minor who is the
subject of the proceeding under Article II in his or her home
for more than one year on or after July 3, 1994 and if the
minor's placement is being terminated from that foster
parent's home, that foster parent shall have standing and
intervenor status except in those circumstances where the
Department of Children and Family Services or anyone else
authorized under Section 5 of the Abused and Neglected Child
Reporting Act has removed the minor from the foster parent
because of a reasonable belief that the circumstances or
conditions of the minor are such that continuing in the
residence or care of the foster parent will jeopardize the
child's health or safety or presents an imminent risk of harm
to the minor's life.
(d) The court may grant standing to any foster parent if
the court finds that it is in the best interest of the child
for the foster parent to have standing and intervenor status.
(3) Parties respondent are entitled to notice in
compliance with Sections 2-15 and 2-16, 3-17 and 3-18, 4-14
and 4-15 or 5-525 5-15 and 5-530 5-16, as appropriate. At the
first appearance before the court by the minor, his parents,
guardian, custodian or responsible relative, the court shall
explain the nature of the proceedings and inform the parties
of their rights under the first 2 paragraphs of this Section.
If the child is alleged to be abused, neglected or
dependent, the court shall admonish the parents that if the
court declares the child to be a ward of the court and awards
custody or guardianship to the Department of Children and
Family Services, the parents must cooperate with the
Department of Children and Family Services, comply with the
terms of the service plans, and correct the conditions that
require the child to be in care, or risk termination of their
parental rights.
Upon an adjudication of wardship of the court under
Sections 2-22, 3-23, 4-20 or 5-705 5-22, the court shall
inform the parties of their right to appeal therefrom as well
as from any other final judgment of the court.
When the court finds that a child is an abused,
neglected, or dependent minor under Section 2-21, the court
shall admonish the parents that the parents must cooperate
with the Department of Children and Family Services, comply
with the terms of the service plans, and correct the
conditions that require the child to be in care, or risk
termination of their parental rights.
When the court declares a child to be a ward of the court
and awards guardianship to the Department of Children and
Family Services under Section 2-22, the court shall admonish
the parents, guardian, custodian, or responsible relative
that the parents must cooperate with the Department of
Children and Family Services, comply with the terms of the
service plans, and correct the conditions that require the
child to be in care, or risk termination of their parental
rights.
(4) No sanction may be applied against the minor who is
the subject of the proceedings by reason of his refusal or
failure to testify in the course of any hearing held prior to
final adjudication under Section 2-22, 3-23, 4-20 or 5-705
5-22.
(5) In the discretion of the court, the minor may be
excluded from any part or parts of a dispositional hearing
and, with the consent of the parent or parents, guardian,
counsel or a guardian ad litem, from any part or parts of an
adjudicatory hearing.
(6) The general public except for the news media and the
victim shall be excluded from any hearing and, except for the
persons specified in this Section only persons, including
representatives of agencies and associations, who in the
opinion of the court have a direct interest in the case or in
the work of the court shall be admitted to the hearing.
However, the court may, for the minor's safety and protection
and for good cause shown, prohibit any person or agency
present in court from further disclosing the minor's
identity.
(Source: P.A. 89-235, eff. 8-4-95; 90-27, eff. 1-1-98; 90-28,
eff. 1-1-98.)
(705 ILCS 405/1-9) (from Ch. 37, par. 801-9)
Sec. 1-9. Expungement of law enforcement and juvenile
court records.
(1) Expungement of law enforcement and juvenile court
delinquency records shall be governed by Section 5-915.
(2) This subsection (2) applies to expungement of law
enforcement and juvenile court records other than delinquency
proceedings. Whenever any person has attained the age of 17
or whenever all juvenile court proceedings relating to that
person have been terminated, whichever is later, the person
may petition the court to expunge law enforcement records
relating to incidents occurring before his 17th birthday or
his juvenile court records, or both, but only in the
following circumstances:
(a) the minor was arrested and no petition for
delinquency was filed with the clerk of the circuit court; or
(b) the minor was charged with an offense and was found
not delinquent of that offense; or
(c) if the minor was placed under supervision pursuant
to Sections 2-20, 3-21, or 4-18 or 5-19, and such order of
supervision has since been successfully terminated.
(2) Any person may petition the court to expunge all law
enforcement records relating to any incidents occurring
before his 17th birthday and not resulting in criminal
proceedings and all juvenile court records relating to any
adjudications for any crimes committed before his 17th
birthday, except first degree murder, if he has had no
convictions for any crime since his 17th birthday and:
(a) 10 years have elapsed since his 17th birthday; or
(b) 10 years have elapsed since all juvenile court
proceedings relating to him have been terminated or his
commitment to the Department of Corrections pursuant to this
Act has been terminated; whichever is later of (a) or (b).
(3) The chief judge of the circuit in which an arrest
was made or a charge was brought or any judge of that circuit
designated by the chief judge may, upon verified petition of
a person who is the subject of an arrest or a juvenile court
proceeding pursuant to subsection (1) or (2) of this Section,
order the law enforcement records or juvenile court records,
or both, to be expunged from the official records of the
arresting authority and the clerk of the circuit court.
Notice of the petition shall be served upon the State's
Attorney and upon the arresting authority which is the
subject of the petition for expungement.
(Source: P.A. 85-601.)
(705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
Sec. 2-10. Temporary custody hearing. At the appearance
of the minor before the court at the temporary custody
hearing, all witnesses present shall be examined before the
court in relation to any matter connected with the
allegations made in the petition.
(1) If the court finds that there is not probable cause
to believe that the minor is abused, neglected or dependent
it shall release the minor and dismiss the petition.
(2) If the court finds that there is probable cause to
believe that the minor is abused, neglected or dependent, the
court shall state in writing the factual basis supporting its
finding and the minor, his or her parent, guardian, custodian
and other persons able to give relevant testimony shall be
examined before the court. The Department of Children and
Family Services shall give testimony concerning indicated
reports of abuse and neglect, of which they are aware of
through the central registry, involving the minor's parent,
guardian or custodian. After such testimony, the court may,
consistent with the health, safety and best interests of the
minor, enter an order that the minor shall be released upon
the request of parent, guardian or custodian if the parent,
guardian or custodian appears to take custody. Custodian
shall include any agency of the State which has been given
custody or wardship of the child. If it is consistent with
the health, safety and best interests of the minor, the court
may also prescribe shelter care and order that the minor be
kept in a suitable place designated by the court or in a
shelter care facility designated by the Department of
Children and Family Services or a licensed child welfare
agency; however, a minor charged with a criminal offense
under the Criminal Code of 1961 or adjudicated delinquent
shall not be placed in the custody of or committed to the
Department of Children and Family Services by any court,
except a minor less than 13 years of age and committed to the
Department of Children and Family Services under Section
5-710 5-23 of this Act or a minor for whom an independent
basis of abuse, neglect, or dependency exists, which must be
defined by departmental rule. In placing the minor, the
Department or other agency shall, to the extent compatible
with the court's order, comply with Section 7 of the Children
and Family Services Act. In determining the health, safety
and best interests of the minor to prescribe shelter care,
the court must find that it is a matter of immediate and
urgent necessity for the safety and protection of the minor
or of the person or property of another that the minor be
placed in a shelter care facility or that he or she is likely
to flee the jurisdiction of the court, and must further find
that reasonable efforts have been made or that, consistent
with the health, safety and best interests of the minor, no
efforts reasonably can be made to prevent or eliminate the
necessity of removal of the minor from his or her home. The
court shall require documentation from the Department of
Children and Family Services as to the reasonable efforts
that were made to prevent or eliminate the necessity of
removal of the minor from his or her home or the reasons why
no efforts reasonably could be made to prevent or eliminate
the necessity of removal. When a minor is placed in the home
of a relative, the Department of Children and Family Services
shall complete a preliminary background review of the members
of the minor's custodian's household in accordance with
Section 4.3 of the Child Care Act of 1969 within 90 days of
that placement. If the minor is ordered placed in a shelter
care facility of the Department of Children and Family
Services or a licensed child welfare agency, the court shall,
upon request of the appropriate Department or other agency,
appoint the Department of Children and Family Services
Guardianship Administrator or other appropriate agency
executive temporary custodian of the minor and the court may
enter such other orders related to the temporary custody as
it deems fit and proper, including the provision of services
to the minor or his family to ameliorate the causes
contributing to the finding of probable cause or to the
finding of the existence of immediate and urgent necessity.
Acceptance of services shall not be considered an admission
of any allegation in a petition made pursuant to this Act,
nor may a referral of services be considered as evidence in
any proceeding pursuant to this Act, except where the issue
is whether the Department has made reasonable efforts to
reunite the family. In making its findings that it is
consistent with the health, safety and best interests of the
minor to prescribe shelter care, the court shall state in
writing (i) the factual basis supporting its findings
concerning the immediate and urgent necessity for the
protection of the minor or of the person or property of
another and (ii) the factual basis supporting its findings
that reasonable efforts were made to prevent or eliminate the
removal of the minor from his or her home or that no efforts
reasonably could be made to prevent or eliminate the removal
of the minor from his or her home. The parents, guardian,
custodian, temporary custodian and minor shall each be
furnished a copy of such written findings. The temporary
custodian shall maintain a copy of the court order and
written findings in the case record for the child. The order
together with the court's findings of fact in support thereof
shall be entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the
minor be placed in a shelter care facility, the minor shall
not be returned to the parent, custodian or guardian until
the court finds that such placement is no longer necessary
for the protection of the minor.
If the child is placed in the temporary custody of the
Department of Children and Family Services for his or her
protection, the court shall admonish the parents, guardian,
custodian or responsible relative that the parents must
cooperate with the Department of Children and Family
Services, comply with the terms of the service plans, and
correct the conditions which require the child to be in care,
or risk termination of their parental rights.
(3) If prior to the shelter care hearing for a minor
described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party
is unable to serve notice on the party respondent, the
shelter care hearing may proceed ex-parte. A shelter care
order from an ex-parte hearing shall be endorsed with the
date and hour of issuance and shall be filed with the clerk's
office and entered of record. The order shall expire after 10
days from the time it is issued unless before its expiration
it is renewed, at a hearing upon appearance of the party
respondent, or upon an affidavit of the moving party as to
all diligent efforts to notify the party respondent by notice
as herein prescribed. The notice prescribed shall be in
writing and shall be personally delivered to the minor or the
minor's attorney and to the last known address of the other
person or persons entitled to notice. The notice shall also
state the nature of the allegations, the nature of the order
sought by the State, including whether temporary custody is
sought, and the consequences of failure to appear and shall
contain a notice that the parties will not be entitled to
further written notices or publication notices of proceedings
in this case, including the filing of an amended petition or
a motion to terminate parental rights, except as required by
Supreme Court Rule 11; and shall explain the right of the
parties and the procedures to vacate or modify a shelter care
order as provided in this Section. The notice for a shelter
care hearing shall be substantially as follows:
NOTICE TO PARENTS AND CHILDREN
OF SHELTER CARE HEARING
On ................ at ........., before the
Honorable ................, (address:) .................,
the State of Illinois will present evidence (1) that
(name of child or children) ....................... are
abused, neglected or dependent for the following reasons:
.............................................. and (2)
that there is "immediate and urgent necessity" to remove
the child or children from the responsible relative.
YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
PLACEMENT of the child or children in foster care until a
trial can be held. A trial may not be held for up to 90
days. You will not be entitled to further notices of
proceedings in this case, including the filing of an
amended petition or a motion to terminate parental
rights.
At the shelter care hearing, parents have the
following rights:
1. To ask the court to appoint a lawyer if
they cannot afford one.
2. To ask the court to continue the hearing to
allow them time to prepare.
3. To present evidence concerning:
a. Whether or not the child or children
were abused, neglected or dependent.
b. Whether or not there is "immediate and
urgent necessity" to remove the child from home
(including: their ability to care for the
child, conditions in the home, alternative
means of protecting the child other than
removal).
c. The best interests of the child.
4. To cross examine the State's witnesses.
The Notice for rehearings shall be substantially as
follows:
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
TO REHEARING ON TEMPORARY CUSTODY
If you were not present at and did not have adequate
notice of the Shelter Care Hearing at which temporary
custody of ............... was awarded to
................, you have the right to request a full
rehearing on whether the State should have temporary
custody of ................. To request this rehearing,
you must file with the Clerk of the Juvenile Court
(address): ........................, in person or by
mailing a statement (affidavit) setting forth the
following:
1. That you were not present at the shelter
care hearing.
2. That you did not get adequate notice
(explaining how the notice was inadequate).
3. Your signature.
4. Signature must be notarized.
The rehearing should be scheduled within 48 hours of
your filing this affidavit.
At the rehearing, your rights are the same as at the
initial shelter care hearing. The enclosed notice
explains those rights.
At the Shelter Care Hearing, children have the
following rights:
1. To have a guardian ad litem appointed.
2. To be declared competent as a witness and
to present testimony concerning:
a. Whether they are abused, neglected or
dependent.
b. Whether there is "immediate and urgent
necessity" to be removed from home.
c. Their best interests.
3. To cross examine witnesses for other
parties.
4. To obtain an explanation of any proceedings
and orders of the court.
(4) If the parent, guardian, legal custodian,
responsible relative, minor age 8 or over, or counsel of the
minor did not have actual notice of or was not present at the
shelter care hearing, he or she may file an affidavit setting
forth these facts, and the clerk shall set the matter for
rehearing not later than 48 hours, excluding Sundays and
legal holidays, after the filing of the affidavit. At the
rehearing, the court shall proceed in the same manner as upon
the original hearing.
(5) Only when there is reasonable cause to believe that
the minor taken into custody is a person described in
subsection (3) of Section 5-105 5-3 may the minor be kept or
detained in a detention home or county or municipal jail.
This Section shall in no way be construed to limit subsection
(6).
(6) No minor under 16 years of age may be confined in a
jail or place ordinarily used for the confinement of
prisoners in a police station. Minors under 17 years of age
must be kept separate from confined adults and may not at any
time be kept in the same cell, room, or yard with adults
confined pursuant to the criminal law.
(7) If the minor is not brought before a judicial
officer within the time period as specified in Section 2-9,
the minor must immediately be released from custody.
(8) If neither the parent, guardian or custodian appears
within 24 hours to take custody of a minor released upon
request pursuant to subsection (2) of this Section, then the
clerk of the court shall set the matter for rehearing not
later than 7 days after the original order and shall issue a
summons directed to the parent, guardian or custodian to
appear. At the same time the probation department shall
prepare a report on the minor. If a parent, guardian or
custodian does not appear at such rehearing, the judge may
enter an order prescribing that the minor be kept in a
suitable place designated by the Department of Children and
Family Services or a licensed child welfare agency.
(9) Notwithstanding any other provision of this Section
any interested party, including the State, the temporary
custodian, an agency providing services to the minor or
family under a service plan pursuant to Section 8.2 of the
Abused and Neglected Child Reporting Act, foster parent, or
any of their representatives, on notice to all parties
entitled to notice, may file a motion that it is in the best
interests of the minor to modify or vacate a temporary
custody order on any of the following grounds:
(a) It is no longer a matter of immediate and
urgent necessity that the minor remain in shelter care;
or
(b) There is a material change in the circumstances
of the natural family from which the minor was removed
and the child can be cared for at home without
endangering the child's health or safety; or
(c) A person not a party to the alleged abuse,
neglect or dependency, including a parent, relative or
legal guardian, is capable of assuming temporary custody
of the minor; or
(d) Services provided by the Department of Children
and Family Services or a child welfare agency or other
service provider have been successful in eliminating the
need for temporary custody and the child can be cared for
at home without endangering the child's health or safety.
In ruling on the motion, the court shall determine
whether it is consistent with the health, safety and best
interests of the minor to modify or vacate a temporary
custody order.
The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the
court modifies or vacates a temporary custody order but does
not vacate its finding of probable cause, the court may order
that appropriate services be continued or initiated in behalf
of the minor and his or her family.
(10) When the court finds or has found that there is
probable cause to believe a minor is an abused minor as
described in subsection (2) of Section 2-3 and that there is
an immediate and urgent necessity for the abused minor to be
placed in shelter care, immediate and urgent necessity shall
be presumed for any other minor residing in the same
household as the abused minor provided:
(a) Such other minor is the subject of an abuse or
neglect petition pending before the court; and
(b) A party to the petition is seeking shelter care
for such other minor.
Once the presumption of immediate and urgent necessity
has been raised, the burden of demonstrating the lack of
immediate and urgent necessity shall be on any party that is
opposing shelter care for the other minor.
(Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-582, eff.
1-1-97; 89-626, eff. 8-9-96; 90-28, eff. 1-1-98; 90-87, eff.
9-1-97; revised 8-4-97.)
(705 ILCS 405/2-12) (from Ch. 37, par. 802-12)
Sec. 2-12. Preliminary conferences. (1) The court may
authorize the probation officer to confer in a preliminary
conference with any person seeking to file a petition under
Section 2-13, the prospective respondents and other
interested persons concerning the advisability of filing the
petition, with a view to adjusting suitable cases without the
filing of a petition.
The probation officer should schedule a conference
promptly except where the State's Attorney insists on court
action or where the minor has indicated that he or she will
demand a judicial hearing and will not comply with an
informal adjustment.
(2) In any case of a minor who is in temporary custody,
the holding of preliminary conferences does not operate to
prolong temporary custody beyond the period permitted by
Section 2-9.
(3) This Section does not authorize any probation
officer to compel any person to appear at any conference,
produce any papers, or visit any place.
(4) No statement made during a preliminary conference
may be admitted into evidence at an adjudicatory hearing or
at any proceeding against the minor under the criminal laws
of this State prior to his or her conviction thereunder.
(5) The probation officer shall promptly formulate a
written, non-judicial adjustment plan following the initial
conference.
(6) Non-judicial adjustment plans include but are not
limited to the following:
(a) up to 6 months informal supervision within family;
(b) up to 6 months informal supervision with a probation
officer involved;
(c) up to 6 months informal supervision with release to
a person other than parent;
(d) referral to special educational, counseling or other
rehabilitative social or educational programs;
(e) referral to residential treatment programs; and
(f) any other appropriate action with consent of the
minor and a parent.
(7) The factors to be considered by the probation
officer in formulating a non-judicial adjustment plan shall
be the same as those limited in subsection (4) of Section
5-405 5-6.
(Source: P.A. 86-639.)
(705 ILCS 405/2-27) (from Ch. 37, par. 802-27)
Sec. 2-27. Placement; legal custody or guardianship.
(1) If the court determines and puts in writing the
factual basis supporting the determination of whether the
parents, guardian, or legal custodian of a minor adjudged a
ward of the court are unfit or are unable, for some reason
other than financial circumstances alone, to care for,
protect, train or discipline the minor or are unwilling to do
so, and that it is in the best interest of the minor to take
him from the custody of his parents, guardian or custodian,
the court may at this hearing and at any later point:
(a) place him in the custody of a suitable relative
or other person as legal custodian or guardian;
(b) place him under the guardianship of a probation
officer;
(c) commit him to an agency for care or placement,
except an institution under the authority of the
Department of Corrections or of the Department of
Children and Family Services;
(d) commit him to the Department of Children and
Family Services for care and service; however, a minor
charged with a criminal offense under the Criminal Code
of 1961 or adjudicated delinquent shall not be placed in
the custody of or committed to the Department of Children
and Family Services by any court, except a minor less
than 13 years of age and committed to the Department of
Children and Family Services under Section 5-710 5-23 of
this Act. The Department shall be given due notice of the
pendency of the action and the Guardianship Administrator
of the Department of Children and Family Services shall
be appointed guardian of the person of the minor.
Whenever the Department seeks to discharge a minor from
its care and service, the Guardianship Administrator
shall petition the court for an order terminating
guardianship. The Guardianship Administrator may
designate one or more other officers of the Department,
appointed as Department officers by administrative order
of the Department Director, authorized to affix the
signature of the Guardianship Administrator to documents
affecting the guardian-ward relationship of children for
whom he has been appointed guardian at such times as he
is unable to perform the duties of his office. The
signature authorization shall include but not be limited
to matters of consent of marriage, enlistment in the
armed forces, legal proceedings, adoption, major medical
and surgical treatment and application for driver's
license. Signature authorizations made pursuant to the
provisions of this paragraph shall be filed with the
Secretary of State and the Secretary of State shall
provide upon payment of the customary fee, certified
copies of the authorization to any court or individual
who requests a copy.
In making a determination under this Section, the court
shall also consider whether, based on the best interests of
the minor, appropriate services aimed at family preservation
and family reunification have been unsuccessful in rectifying
the conditions that have led to a finding of unfitness or
inability to care for, protect, train, or discipline the
minor, or whether, based on the best interests of the minor,
no family preservation or family reunification services would
be appropriate.
When making a placement, the court, wherever possible,
shall require the Department of Children and Family Services
to select a person holding the same religious belief as that
of the minor or a private agency controlled by persons of
like religious faith of the minor and shall require the
Department to otherwise comply with Section 7 of the Children
and Family Services Act in placing the child. In addition,
whenever alternative plans for placement are available, the
court shall ascertain and consider, to the extent appropriate
in the particular case, the views and preferences of the
minor.
(2) When a minor is placed with a suitable relative or
other person pursuant to item (a) of subsection (1), the
court shall appoint him the legal custodian or guardian of
the person of the minor. When a minor is committed to any
agency, the court shall appoint the proper officer or
representative thereof as legal custodian or guardian of the
person of the minor. Legal custodians and guardians of the
person of the minor have the respective rights and duties set
forth in subsection (9) of Section 1-3 except as otherwise
provided by order of court; but no guardian of the person may
consent to adoption of the minor unless that authority is
conferred upon him in accordance with Section 2-29. An agency
whose representative is appointed guardian of the person or
legal custodian of the minor may place him in any child care
facility, but the facility must be licensed under the Child
Care Act of 1969 or have been approved by the Department of
Children and Family Services as meeting the standards
established for such licensing. No agency may place a minor
adjudicated under Sections 2-3 or 2-4 in a child care
facility unless the placement is in compliance with the rules
and regulations for placement under this Section promulgated
by the Department of Children and Family Services under
Section 5 of the Children and Family Services Act. Like
authority and restrictions shall be conferred by the court
upon any probation officer who has been appointed guardian of
the person of a minor.
(3) No placement by any probation officer or agency
whose representative is appointed guardian of the person or
legal custodian of a minor may be made in any out of State
child care facility unless it complies with the Interstate
Compact on the Placement of Children. Placement with a
parent, however, is not subject to that Interstate Compact.
(4) The clerk of the court shall issue to the legal
custodian or guardian of the person a certified copy of the
order of court, as proof of his authority. No other process
is necessary as authority for the keeping of the minor.
(5) Custody or guardianship granted under this Section
continues until the court otherwise directs, but not after
the minor reaches the age of 19 years except as set forth in
Section 2-31.
(Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
12-2-94; 89-21, eff. 7-1-95; 89-422; 89-626, eff. 8-9-96.)
(705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
Sec. 2-28. Court review.
(1) The court may require any legal custodian or
guardian of the person appointed under this Act to report
periodically to the court or may cite him into court and
require him or his agency, to make a full and accurate report
of his or its doings in behalf of the minor. The custodian
or guardian, within 10 days after such citation, shall make
the report, either in writing verified by affidavit or orally
under oath in open court, or otherwise as the court directs.
Upon the hearing of the report the court may remove the
custodian or guardian and appoint another in his stead or
restore the minor to the custody of his parents or former
guardian or custodian. However, custody of the minor shall
not be restored to any parent, guardian or legal custodian in
any case in which the minor is found to be neglected or
abused under Section 2-3 of this Act, unless it is in the
best interests of the minor, and if such neglect or abuse is
found by the court under paragraph (2) of Section 2-21 of
this Act to be the result of physical abuse inflicted on the
minor by such parent, guardian or legal custodian, until such
time as an investigation is made as provided in paragraph (5)
and a hearing is held on the issue of the fitness of such
parent, guardian or legal custodian to care for the minor and
the court enters an order that such parent, guardian or legal
custodian is fit to care for the minor.
(2) Permanency hearings shall be conducted by the court,
or by hearing officers appointed or approved by the court in
the manner set forth in Section 2-28.1 of this Act.
Permanency hearings shall be held every 12 months or more
frequently if necessary in the court's determination
following the initial permanency hearing, in accordance with
the standards set forth in this Section, until the court
determines that the plan and goal have been achieved. Once
the plan and goal have been achieved, if the minor remains in
substitute care, the case shall be reviewed at least every 12
months thereafter, subject to the provisions of this Section.
Notice in compliance with Sections 2-15 and 2-16 must
have been given to all parties-respondent before proceeding
to a permanency hearing.
The public agency that is the custodian or guardian of
the minor, or another agency responsible for the minor's
care, shall ensure that all parties to the permanency
hearings are provided a copy of the most recent service plan
prepared within the prior 6 months at least 14 days in
advance of the hearing. If not contained in the plan, the
agency shall also include a report setting forth (i) any
special physical, psychological, educational, medical,
emotional, or other needs of the minor or his or her family
that are relevant to a permanency or placement determination
and (ii) for any minor age 16 or over, a written description
of the programs and services that will enable the minor to
prepare for independent living. If a permanency review
hearing has not previously been scheduled by the court, the
moving party shall move for the setting of a permanency
hearing and the entry of an order within the time frames set
forth in this subsection.
At the permanency hearing, the court shall determine the
future status of the child. The court shall review (i) the
appropriateness of the permanency goal, (ii) the
appropriateness of the plan to achieve the goal, (iii) the
appropriateness of the services contained in the plan and
whether those services have been provided, (iv) whether
reasonable efforts have been made by all the parties to the
service plan to achieve the goal, and (v) whether the plan
and goal have been achieved. All evidence relevant to
determining these questions, including oral and written
reports, may be admitted and may be relied on to the extent
of their probative value.
In reviewing the permanency goal and the most recent
service plan prepared within the prior 6 months, the standard
of review to be employed by the court shall be whether the
Department of Children and Family Services, in setting the
permanency goal and the service plan, abused its discretion
in light of the best interests of the child, the permanency
alternatives, and the facts in the individual case.
If the plan and goal are found to be appropriate and to
have been achieved, the court shall enter orders that are
necessary to conform the minor's legal custody and status to
those findings.
If, after receiving evidence, the court determines that
the Department of Children and Family Services abused its
discretion in identifying services contained in the plan that
are not reasonably calculated to facilitate achievement of
the permanency goal, the court shall put in writing the
factual basis supporting the determination and enter specific
findings based on the evidence. The court also shall enter
an order for the Department to develop and implement a new
service plan or to implement changes to the current service
plan consistent with the court's findings. The new service
plan shall be filed with the court and served on all parties
within 45 days of the date of the order. The court shall
continue the matter until the new service plan is filed.
Unless otherwise specifically authorized by law, the court is
not empowered under this subsection (2) or under subsection
(3) to order specific placements, specific services, or
specific service providers to be included in the plan.
If, after receiving evidence, the court determines that
the Department of Children and Family Services abused its
discretion in setting a permanency goal that is not in the
best interests of the minor, the court shall enter specific
findings in writing based on the evidence. The court also
shall enter an order for the Department to set a new
permanency goal and to develop and implement a new service
plan that is consistent with the court's findings. The new
service plan shall be filed with the court and served on all
parties within 45 days of the date of the order. The court
shall continue the matter until the new service plan is
filed.
A guardian or custodian appointed by the court pursuant
to this Act shall file updated case plans with the court
every 6 months.
Rights of wards of the court under this Act are
enforceable against any public agency by complaints for
relief by mandamus filed in any proceedings brought under
this Act.
(3) Following the permanency hearing, the court shall
enter an order setting forth the following determinations in
writing:
(a) The future status of the minor, including but
not limited to whether the minor should be returned to
the parent, should be continued in the care of the
Department of Children and Family Services or other
agency for a specified period, should be placed for
adoption, should be emancipated, or should (because of
the minor's special needs or circumstances) be continued
in the care of the Department of Children and Family
Services or other agency on a permanent or long-term
basis, and any orders necessary to conform the minor's
legal custody and status to such determination; or
(b) if the future status of the minor cannot be
achieved immediately, the specific reasons for continuing
the minor in the care of the Department of Children and
Family Services or other agency for short term placement,
and the following determinations:
(i) Whether the permanency goal is in the best
interests of the minor, or whether the Department of
Children and Family Services abused its discretion
in setting a goal that is not in the best interests
of the minor.
(ii) Whether the services required by the
court and by any service plan prepared within the
prior 6 months have been provided and (A) if so,
whether the services were reasonably calculated to
facilitate the achievement of the permanency goal or
(B) if not provided, why the services were not
provided.
(iii) Whether the minor's placement is
necessary, and appropriate to the plan and goal,
recognizing the right of minors to the least
restrictive (most family-like) setting available and
in close proximity to the parents' home consistent
with the best interest and special needs of the
minor and, if the minor is placed out-of-State,
whether the out-of-State placement continues to be
appropriate and in the best interest of the minor.
(iv) Whether, because of any of the findings
under subparagraphs (i) through (iii), the
Department of Children and Family Services should be
ordered to set a new permanency goal or develop and
implement a new service plan consistent with such
findings.
(v) Whether any orders to effectuate the
completion of a plan or goal are necessary,
including conforming the minor's custody or status
to a goal being achieved.
Any order entered pursuant to this subsection (3) shall
be immediately appealable as a matter of right under Supreme
Court Rule 304(b)(1).
(4) The minor or any person interested in the minor may
apply to the court for a change in custody of the minor and
the appointment of a new custodian or guardian of the person
or for the restoration of the minor to the custody of his
parents or former guardian or custodian. However, custody of
the minor shall not be restored to any parent, guardian or
legal custodian in any case in which the minor is found to be
neglected or abused under Section 2-3 of this Act, unless it
is in the best interest of the minor, and if such neglect or
abuse is found by the court under paragraph (2) of Section
2-21 of this Act to be the result of physical abuse inflicted
on the minor by such parent, guardian or legal custodian,
until such time as an investigation is made as provided in
paragraph (4) and a hearing is held on the issue of the
fitness of such parent, guardian or legal custodian to care
for the minor and the court enters an order that such parent,
guardian or legal custodian is fit to care for the minor. In
the event that the minor has attained 18 years of age and the
guardian or custodian petitions the court for an order
terminating his guardianship or custody, guardianship or
custody shall terminate automatically 30 days after the
receipt of the petition unless the court orders otherwise.
No legal custodian or guardian of the person may be removed
without his consent until given notice and an opportunity to
be heard by the court.
(5) Whenever a parent, guardian, or legal custodian
petitions for restoration of custody of the minor, and the
minor was adjudicated neglected or abused as a result of
physical abuse, the court shall cause to be made an
investigation as to whether the petitioner has ever been
charged with or convicted of any criminal offense which would
indicate the likelihood of any further physical abuse to the
minor. Evidence of such criminal convictions shall be taken
into account in determining fitness of the parent, guardian,
or legal custodian.
(a) Any agency of this State or any subdivision
thereof shall co-operate with the agent of the court in
providing any information sought in the investigation.
(b) The information derived from the investigation
and any conclusions or recommendations derived from the
information shall be provided to the parent, guardian, or
legal custodian seeking restoration of custody prior to
the hearing on fitness and the petitioner shall have an
opportunity at the hearing to refute the information or
contest its significance.
(c) All information obtained from any investigation
shall be confidential as provided in Section 5-150 1-10
of this Act.
(Source: P.A. 88-7; 88-487; 88-614, eff. 9-7-94; 88-670, eff.
12-2-94; 89-17, eff. 5-31-95; 89-21, eff. 7-1-95; 89-626,
eff. 8-9-96.)
(705 ILCS 405/3-8) (from Ch. 37, par. 803-8)
Sec. 3-8. Duty of officer; admissions by minor. (1) A
law enforcement officer who takes a minor into custody with a
warrant shall immediately make a reasonable attempt to notify
the parent or other person legally responsible for the
minor's care or the person with whom the minor resides that
the minor has been taken into custody and where he or she is
being held; and the officer shall without unnecessary delay
take the minor to the nearest juvenile police officer
designated for such purposes in the county of venue or shall
surrender the minor to a juvenile police officer in the city
or village where the offense is alleged to have been
committed.
The minor shall be delivered without unnecessary delay to
the court or to the place designated by rule or order of
court for the reception of minors. The court may not
designate a place of detention for the reception of minors,
unless the minor is alleged to be a person described in
subsection (3) of Section 5-105 5-3.
(2) A law enforcement officer who takes a minor into
custody without a warrant under Section 3-7 shall, if the
minor is not released, immediately make a reasonable attempt
to notify the parent or other person legally responsible for
the minor's care or the person with whom the minor resides
that the minor has been taken into custody and where the
minor is being held; and the law enforcement officer shall
without unnecessary delay take the minor to the nearest
juvenile police officer designated for such purposes in the
county of venue or shall surrender the minor to a juvenile
police officer in the city or village where the offense is
alleged to have been committed, or upon determining the true
identity of the minor, may release the minor to the parent or
other person legally responsible for the minor's care or the
person with whom the minor resides, if the minor is taken
into custody for an offense which would be a misdemeanor if
committed by an adult. If a minor is so released, the law
enforcement officer shall promptly notify a juvenile police
officer of the circumstances of the custody and release.
(3) The juvenile police officer may take one of the
following actions:
(a) station adjustment with release of the minor;
(b) station adjustment with release of the minor to a
parent;
(c) station adjustment, release of the minor to a
parent, and referral of the case to community services;
(d) station adjustment, release of the minor to a
parent, and referral of the case to community services with
informal monitoring by a juvenile police officer;
(e) station adjustment and release of the minor to a
third person pursuant to agreement of the minor and parents;
(f) station adjustment, release of the minor to a third
person pursuant to agreement of the minor and parents, and
referral of the case to community services;
(g) station adjustment, release of the minor to a third
person pursuant to agreement of the minor and parent, and
referral to community services with informal monitoring by a
juvenile police officer;
(h) release of the minor to his or her parents and
referral of the case to a county juvenile probation officer
or such other public officer designated by the court;
(i) release of the minor to school officials of his
school during regular school hours;
(j) if the juvenile police officer reasonably believes
that there is an urgent and immediate necessity to keep the
minor in custody, the juvenile police officer shall deliver
the minor without unnecessary delay to the court or to the
place designated by rule or order of court for the reception
of minors; and
(k) any other appropriate action with consent of the
minor and a parent.
(Source: P.A. 86-628.)
(705 ILCS 405/3-10) (from Ch. 37, par. 803-10)
Sec. 3-10. Investigation; release. When a minor is
delivered to the court, or to the place designated by the
court under Section 3-9 of this Act, a probation officer or
such other public officer designated by the court shall
immediately investigate the circumstances of the minor and
the facts surrounding his or her being taken into custody.
The minor shall be immediately released to the custody of his
or her parent, guardian, legal custodian or responsible
relative, unless the probation officer or such other public
officer designated by the court finds that further shelter
care is necessary as provided in Section 3-7. This Section
shall in no way be construed to limit Section 5-905 1-7.
(Source: P.A. 85-601.)
(705 ILCS 405/3-12) (from Ch. 37, par. 803-12)
Sec. 3-12. Shelter care hearing. At the appearance of
the minor before the court at the shelter care hearing, all
witnesses present shall be examined before the court in
relation to any matter connected with the allegations made in
the petition.
(1) If the court finds that there is not probable cause
to believe that the minor is a person requiring authoritative
intervention, it shall release the minor and dismiss the
petition.
(2) If the court finds that there is probable cause to
believe that the minor is a person requiring authoritative
intervention, the minor, his or her parent, guardian,
custodian and other persons able to give relevant testimony
shall be examined before the court. After such testimony, the
court may enter an order that the minor shall be released
upon the request of a parent, guardian or custodian if the
parent, guardian or custodian appears to take custody.
Custodian shall include any agency of the State which has
been given custody or wardship of the child. The Court shall
require documentation by representatives of the Department of
Children and Family Services or the probation department as
to the reasonable efforts that were made to prevent or
eliminate the necessity of removal of the minor from his or
her home, and shall consider the testimony of any person as
to those reasonable efforts. If the court finds that it is a
matter of immediate and urgent necessity for the protection
of the minor or of the person or property of another that the
minor be placed in a shelter care facility, or that he or she
is likely to flee the jurisdiction of the court, and further
finds that reasonable efforts have been made or good cause
has been shown why reasonable efforts cannot prevent or
eliminate the necessity of removal of the minor from his or
her home, the court may prescribe shelter care and order that
the minor be kept in a suitable place designated by the court
or in a shelter care facility designated by the Department of
Children and Family Services or a licensed child welfare
agency; otherwise it shall release the minor from custody. If
the court prescribes shelter care, then in placing the minor,
the Department or other agency shall, to the extent
compatible with the court's order, comply with Section 7 of
the Children and Family Services Act. If the minor is ordered
placed in a shelter care facility of the Department of
Children and Family Services or a licensed child welfare
agency, the court shall, upon request of the Department or
other agency, appoint the Department of Children and Family
Services Guardianship Administrator or other appropriate
agency executive temporary custodian of the minor and the
court may enter such other orders related to the temporary
custody as it deems fit and proper, including the provision
of services to the minor or his family to ameliorate the
causes contributing to the finding of probable cause or to
the finding of the existence of immediate and urgent
necessity. Acceptance of services shall not be considered an
admission of any allegation in a petition made pursuant to
this Act, nor may a referral of services be considered as
evidence in any proceeding pursuant to this Act, except where
the issue is whether the Department has made reasonable
efforts to reunite the family. In making its findings that
reasonable efforts have been made or that good cause has been
shown why reasonable efforts cannot prevent or eliminate the
necessity of removal of the minor from his or her home, the
court shall state in writing its findings concerning the
nature of the services that were offered or the efforts that
were made to prevent removal of the child and the apparent
reasons that such services or efforts could not prevent the
need for removal. The parents, guardian, custodian,
temporary custodian and minor shall each be furnished a copy
of such written findings. The temporary custodian shall
maintain a copy of the court order and written findings in
the case record for the child.
The order together with the court's findings of fact and
support thereof shall be entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the
minor be placed in a shelter care facility, the minor shall
not be returned to the parent, custodian or guardian until
the court finds that such placement is no longer necessary
for the protection of the minor.
(3) If prior to the shelter care hearing for a minor
described in Sections 2-3, 2-4, 3-3 and 4-3 the petitioner is
unable to serve notice on the party respondent, the shelter
care hearing may proceed ex-parte. A shelter care order from
an ex-parte hearing shall be endorsed with the date and hour
of issuance and shall be filed with the clerk's office and
entered of record. The order shall expire after 10 days from
the time it is issued unless before its expiration it is
renewed, at a hearing upon appearance of the party
respondent, or upon an affidavit of the moving party as to
all diligent efforts to notify the party respondent by notice
as herein prescribed. The notice prescribed shall be in
writing and shall be personally delivered to the minor or the
minor's attorney and to the last known address of the other
person or persons entitled to notice. The notice shall also
state the nature of the allegations, the nature of the order
sought by the State, including whether temporary custody is
sought, and the consequences of failure to appear; and shall
explain the right of the parties and the procedures to vacate
or modify a shelter care order as provided in this Section.
The notice for a shelter care hearing shall be substantially
as follows:
NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING
On ................ at ........., before the Honorable
................, (address:) ................., the State of
Illinois will present evidence (1) that (name of child or
children) ....................... are abused, neglected or
dependent for the following reasons:
.............................................................
and (2) that there is "immediate and urgent necessity" to
remove the child or children from the responsible relative.
YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
PLACEMENT of the child or children in foster care until a
trial can be held. A trial may not be held for up to 90
days.
At the shelter care hearing, parents have the following
rights:
1. To ask the court to appoint a lawyer if they
cannot afford one.
2. To ask the court to continue the hearing to
allow them time to prepare.
3. To present evidence concerning:
a. Whether or not the child or children were
abused, neglected or dependent.
b. Whether or not there is "immediate and
urgent necessity" to remove the child from home
(including: their ability to care for the child,
conditions in the home, alternative means of
protecting the child other than removal).
c. The best interests of the child.
4. To cross examine the State's witnesses.
The Notice for rehearings shall be substantially as
follows:
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
TO REHEARING ON TEMPORARY CUSTODY
If you were not present at and did not have adequate
notice of the Shelter Care Hearing at which temporary custody
of ............... was awarded to ................, you have
the right to request a full rehearing on whether the State
should have temporary custody of ................. To
request this rehearing, you must file with the Clerk of the
Juvenile Court (address): ........................, in person
or by mailing a statement (affidavit) setting forth the
following:
1. That you were not present at the shelter care
hearing.
2. That you did not get adequate notice (explaining
how the notice was inadequate).
3. Your signature.
4. Signature must be notarized.
The rehearing should be scheduled within one day of your
filing this affidavit.
At the rehearing, your rights are the same as at the
initial shelter care hearing. The enclosed notice explains
those rights.
At the Shelter Care Hearing, children have the following
rights:
1. To have a guardian ad litem appointed.
2. To be declared competent as a witness and to
present testimony concerning:
a. Whether they are abused, neglected or
dependent.
b. Whether there is "immediate and urgent
necessity" to be removed from home.
c. Their best interests.
3. To cross examine witnesses for other parties.
4. To obtain an explanation of any proceedings and
orders of the court.
(4) If the parent, guardian, legal custodian,
responsible relative, or counsel of the minor did not have
actual notice of or was not present at the shelter care
hearing, he or she may file an affidavit setting forth these
facts, and the clerk shall set the matter for rehearing not
later than 48 hours, excluding Sundays and legal holidays,
after the filing of the affidavit. At the rehearing, the
court shall proceed in the same manner as upon the original
hearing.
(5) Only when there is reasonable cause to believe that
the minor taken into custody is a person described in
subsection (3) of Section 5-105 5-3 may the minor be kept or
detained in a detention home or county or municipal jail.
This Section shall in no way be construed to limit subsection
(6).
(6) No minor under 16 years of age may be confined in a
jail or place ordinarily used for the confinement of
prisoners in a police station. Minors under 17 years of age
must be kept separate from confined adults and may not at any
time be kept in the same cell, room, or yard with adults
confined pursuant to the criminal law.
(7) If the minor is not brought before a judicial
officer within the time period specified in Section 3-11, the
minor must immediately be released from custody.
(8) If neither the parent, guardian or custodian appears
within 24 hours to take custody of a minor released upon
request pursuant to subsection (2) of this Section, then the
clerk of the court shall set the matter for rehearing not
later than 7 days after the original order and shall issue a
summons directed to the parent, guardian or custodian to
appear. At the same time the probation department shall
prepare a report on the minor. If a parent, guardian or
custodian does not appear at such rehearing, the judge may
enter an order prescribing that the minor be kept in a
suitable place designated by the Department of Children and
Family Services or a licensed child welfare agency.
(9) Notwithstanding any other provision of this Section,
any interested party, including the State, the temporary
custodian, an agency providing services to the minor or
family under a service plan pursuant to Section 8.2 of the
Abused and Neglected Child Reporting Act, foster parent, or
any of their representatives, on notice to all parties
entitled to notice, may file a motion to modify or vacate a
temporary custody order on any of the following grounds:
(a) It is no longer a matter of immediate and
urgent necessity that the minor remain in shelter care;
or
(b) There is a material change in the circumstances
of the natural family from which the minor was removed;
or
(c) A person, including a parent, relative or legal
guardian, is capable of assuming temporary custody of the
minor; or
(d) Services provided by the Department of Children
and Family Services or a child welfare agency or other
service provider have been successful in eliminating the
need for temporary custody.
The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the
court modifies or vacates a temporary custody order but does
not vacate its finding of probable cause, the court may order
that appropriate services be continued or initiated in behalf
of the minor and his or her family.
(Source: P.A. 89-422.)
(705 ILCS 405/3-14) (from Ch. 37, par. 803-14)
Sec. 3-14. Preliminary conferences. (1) The court may
authorize the probation officer to confer in a preliminary
conference with any person seeking to file a petition under
Section 3-15, the prospective respondents and other
interested persons concerning the advisability of filing the
petition, with a view to adjusting suitable cases without the
filing of a petition.
The probation officer should schedule a conference
promptly except where the State's Attorney insists on court
action or where the minor has indicated that he or she will
demand a judicial hearing and will not comply with an
informal adjustment.
(2) In any case of a minor who is in temporary custody,
the holding of preliminary conferences does not operate to
prolong temporary custody beyond the period permitted by
Section 3-11.
(3) This Section does not authorize any probation
officer to compel any person to appear at any conference,
produce any papers, or visit any place.
(4) No statement made during a preliminary conference
may be admitted into evidence at an adjudicatory hearing or
at any proceeding against the minor under the criminal laws
of this State prior to his or her conviction thereunder.
(5) The probation officer shall promptly formulate a
written, non-judicial adjustment plan following the initial
conference.
(6) Non-judicial adjustment plans include but are not
limited to the following:
(a) up to 6 months informal supervision within family;
(b) up to 6 months informal supervision with a probation
officer involved;
(c) up to 6 months informal supervision with release to
a person other than parent;
(d) referral to special educational, counseling or other
rehabilitative social or educational programs;
(e) referral to residential treatment programs; and
(f) any other appropriate action with consent of the
minor and a parent.
(7) The factors to be considered by the probation
officer in formulating a written non-judicial adjustment plan
shall be the same as those limited in subsection (4) of
Section 5-405 5-6.
(Source: P.A. 86-639.)
(705 ILCS 405/4-9) (from Ch. 37, par. 804-9)
Sec. 4-9. Shelter care hearing. At the appearance of
the minor before the court at the shelter care hearing, all
witnesses present shall be examined before the court in
relation to any matter connected with the allegations made in
the petition.
(1) If the court finds that there is not probable cause
to believe that the minor is addicted, it shall release the
minor and dismiss the petition.
(2) If the court finds that there is probable cause to
believe that the minor is addicted, the minor, his or her
parent, guardian, custodian and other persons able to give
relevant testimony shall be examined before the court. After
such testimony, the court may enter an order that the minor
shall be released upon the request of a parent, guardian or
custodian if the parent, guardian or custodian appears to
take custody and agrees to abide by a court order which
requires the minor and his or her parent, guardian, or legal
custodian to complete an evaluation by an entity licensed by
the Department of Human Services, as the successor to the
Department of Alcoholism and Substance Abuse, and complete
any treatment recommendations indicated by the assessment.
Custodian shall include any agency of the State which has
been given custody or wardship of the child.
The Court shall require documentation by representatives
of the Department of Children and Family Services or the
probation department as to the reasonable efforts that were
made to prevent or eliminate the necessity of removal of the
minor from his or her home, and shall consider the testimony
of any person as to those reasonable efforts. If the court
finds that it is a matter of immediate and urgent necessity
for the protection of the minor or of the person or property
of another that the minor be or placed in a shelter care
facility or that he or she is likely to flee the jurisdiction
of the court, and further, finds that reasonable efforts have
been made or good cause has been shown why reasonable efforts
cannot prevent or eliminate the necessity of removal of the
minor from his or her home, the court may prescribe shelter
care and order that the minor be kept in a suitable place
designated by the court or in a shelter care facility
designated by the Department of Children and Family Services
or a licensed child welfare agency, or in a facility or
program licensed designated by the Department of Human
Services for shelter and treatment services; otherwise it
shall release the minor from custody. If the court
prescribes shelter care, then in placing the minor, the
Department or other agency shall, to the extent compatible
with the court's order, comply with Section 7 of the Children
and Family Services Act. If the minor is ordered placed in a
shelter care facility of the Department of Children and
Family Services or a licensed child welfare agency, or in a
facility or program licensed designated by the Department of
Human Services for shelter and treatment services, the court
shall, upon request of the appropriate Department or other
agency, appoint the Department of Children and Family
Services Guardianship Administrator or other appropriate
agency executive temporary custodian of the minor and the
court may enter such other orders related to the temporary
custody as it deems fit and proper, including the provision
of services to the minor or his family to ameliorate the
causes contributing to the finding of probable cause or to
the finding of the existence of immediate and urgent
necessity. Acceptance of services shall not be considered an
admission of any allegation in a petition made pursuant to
this Act, nor may a referral of services be considered as
evidence in any proceeding pursuant to this Act, except where
the issue is whether the Department has made reasonable
efforts to reunite the family. In making its findings that
reasonable efforts have been made or that good cause has been
shown why reasonable efforts cannot prevent or eliminate the
necessity of removal of the minor from his or her home, the
court shall state in writing its findings concerning the
nature of the services that were offered or the efforts that
were made to prevent removal of the child and the apparent
reasons that such services or efforts could not prevent the
need for removal. The parents, guardian, custodian,
temporary custodian and minor shall each be furnished a copy
of such written findings. The temporary custodian shall
maintain a copy of the court order and written findings in
the case record for the child. The order together with the
court's findings of fact in support thereof shall be entered
of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the
minor be placed in a shelter care facility, the minor shall
not be returned to the parent, custodian or guardian until
the court finds that such placement is no longer necessary
for the protection of the minor.
(3) If neither the parent, guardian, legal custodian,
responsible relative nor counsel of the minor has had actual
notice of or is present at the shelter care hearing, he or
she may file his or her affidavit setting forth these facts,
and the clerk shall set the matter for rehearing not later
than 24 hours, excluding Sundays and legal holidays, after
the filing of the affidavit. At the rehearing, the court
shall proceed in the same manner as upon the original
hearing.
(4) If the minor is not brought before a judicial
officer within the time period as specified in Section 4-8,
the minor must immediately be released from custody.
(5) Only when there is reasonable cause to believe that
the minor taken into custody is a person described in
subsection (3) of Section 5-105 5-3 may the minor be kept or
detained in a detention home or county or municipal jail.
This Section shall in no way be construed to limit subsection
(6).
(6) No minor under 16 years of age may be confined in a
jail or place ordinarily used for the confinement of
prisoners in a police station. Minors under 17 years of age
must be kept separate from confined adults and may not at any
time be kept in the same cell, room or yard with adults
confined pursuant to the criminal law.
(7) If neither the parent, guardian or custodian appears
within 24 hours to take custody of a minor released upon
request pursuant to subsection (2) of this Section, then the
clerk of the court shall set the matter for rehearing not
later than 7 days after the original order and shall issue a
summons directed to the parent, guardian or custodian to
appear. At the same time the probation department shall
prepare a report on the minor. If a parent, guardian or
custodian does not appear at such rehearing, the judge may
enter an order prescribing that the minor be kept in a
suitable place designated by the Department of Children and
Family Services or a licensed child welfare agency.
(8) Any interested party, including the State, the
temporary custodian, an agency providing services to the
minor or family under a service plan pursuant to Section 8.2
of the Abused and Neglected Child Reporting Act, foster
parent, or any of their representatives, may file a motion to
modify or vacate a temporary custody order on any of the
following grounds:
(a) It is no longer a matter of immediate and
urgent necessity that the minor remain in shelter care;
or
(b) There is a material change in the circumstances
of the natural family from which the minor was removed;
or
(c) A person, including a parent, relative or legal
guardian, is capable of assuming temporary custody of the
minor; or
(d) Services provided by the Department of Children
and Family Services or a child welfare agency or other
service provider have been successful in eliminating the
need for temporary custody.
The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the
court modifies or vacates a temporary custody order but does
not vacate its finding of probable cause, the court may order
that appropriate services be continued or initiated in behalf
of the minor and his or her family.
(Source: P.A. 89-422; 89-507, eff. 7-1-97.)
(705 ILCS 405/4-11) (from Ch. 37, par. 804-11)
Sec. 4-11. Preliminary conferences.
(1) The court may authorize the probation officer to
confer in a preliminary conference with any person seeking to
file a petition under this Article, the prospective
respondents and other interested persons concerning the
advisability of filing the petition, with a view to adjusting
suitable cases without the filing of a petition as provided
for herein.
The probation officer should schedule a conference
promptly except where the State's Attorney insists on court
action or where the minor has indicated that he or she will
demand a judicial hearing and will not comply with an
informal adjustment.
(2) In any case of a minor who is in temporary custody,
the holding of preliminary conferences does not operate to
prolong temporary custody beyond the period permitted by
Section 4-8.
(3) This Section does not authorize any probation
officer to compel any person to appear at any conference,
produce any papers, or visit any place.
(4) No statement made during a preliminary conference
may be admitted into evidence at an adjudicatory hearing or
at any proceeding against the minor under the criminal laws
of this State prior to his or her conviction thereunder.
(5) The probation officer shall promptly formulate a
written non-judicial adjustment plan following the initial
conference.
(6) Non-judicial adjustment plans include but are not
limited to the following:
(a) up to 6 months informal supervision within the
family;
(b) up to 12 months informal supervision with a
probation officer involved;
(c) up to 6 months informal supervision with
release to a person other than a parent;
(d) referral to special educational, counseling or
other rehabilitative social or educational programs;
(e) referral to residential treatment programs; and
(f) any other appropriate action with consent of
the minor and a parent.
(7) The factors to be considered by the probation
officer in formulating a written non-judicial adjustment plan
shall be the same as those limited in subsection (4) of
Section 5-405 5-6.
(Source: P.A. 89-198, eff. 7-21-95.)
(705 ILCS 405/Art. V, Part 1 heading new)
PART 1. GENERAL PROVISIONS
(705 ILCS 405/5-101 new)
Sec. 5-101. Purpose and policy.
(1) It is the intent of the General Assembly to promote
a juvenile justice system capable of dealing with the problem
of juvenile delinquency, a system that will protect the
community, impose accountability for violations of law and
equip juvenile offenders with competencies to live
responsibly and productively. To effectuate this intent, the
General Assembly declares the following to be important
purposes of this Article:
(a) To protect citizens from juvenile crime.
(b) To hold each juvenile offender directly
accountable for his or her acts.
(c) To provide an individualized assessment of each
alleged and adjudicated delinquent juvenile, in order to
rehabilitate and to prevent further delinquent behavior
through the development of competency in the juvenile
offender. As used in this Section, "competency" means
the development of educational, vocational, social,
emotional and basic life skills which enable a minor to
mature into a productive member of society.
(d) To provide due process, as required by the
Constitutions of the United States and the State of
Illinois, through which each juvenile offender and all
other interested parties are assured fair hearings at
which legal rights are recognized and enforced.
(2) To accomplish these goals, juvenile justice policies
developed pursuant to this Article shall be designed to:
(a) Promote the development and implementation of
community-based programs designed to prevent unlawful and
delinquent behavior and to effectively minimize the depth
and duration of the minor's involvement in the juvenile
justice system;
(b) Provide secure confinement for minors who
present a danger to the community and make those minors
understand that sanctions for serious crimes,
particularly violent felonies, should be commensurate
with the seriousness of the offense and merit strong
punishment;
(c) Protect the community from crimes committed by
minors;
(d) Provide programs and services that are
community-based and that are in close proximity to the
minor's home;
(e) Allow minors to reside within their homes
whenever possible and appropriate and provide support
necessary to make this possible;
(f) Base probation treatment planning upon
individual case management plans;
(g) Include the minor's family in the case
management plan;
(h) Provide supervision and service coordination
where appropriate; implement and monitor the case
management plan in order to discourage recidivism;
(i) Provide post-release services to minors who are
returned to their families and communities after
detention;
(j) Hold minors accountable for their unlawful
behavior and not allow minors to think that their
delinquent acts have no consequence for themselves and
others.
(3) In all procedures under this Article, minors shall
have all the procedural rights of adults in criminal
proceedings, unless specifically precluded by laws that
enhance the protection of such minors. Minors shall not have
the right to a jury trial unless specifically provided by
this Article.
(705 ILCS 405/5-105 new)
Sec. 5-105. Definitions. As used in this Article:
(1) "Court" means the circuit court in a session or
division assigned to hear proceedings under this Act, and
includes the term Juvenile Court.
(2) "Community service" means uncompensated labor for a
community service agency as hereinafter defined.
(2.5) "Community service agency" means a not-for-profit
organization, community organization, public office, or other
public body whose purpose is to enhance the physical or
mental health of a delinquent minor or to rehabilitate the
minor, or to improve the environmental quality or social
welfare of the community which agrees to accept community
service from juvenile delinquents and to report on the
progress of the community service to the State's Attorney
pursuant to an agreement or to the court or to any agency
designated by the court if so ordered.
(3) "Delinquent minor" means any minor who prior to his
or her 17th birthday has violated or attempted to violate,
regardless of where the act occurred, any federal or State
law, county or municipal ordinance.
(4) "Department" means the Department of Human Services
unless specifically referenced as another department.
(5) "Detention" means the temporary care of a minor who
is alleged to be or has been adjudicated delinquent and who
requires secure custody for the minor's own protection or the
community's protection in a facility designed to physically
restrict the minor's movements, pending disposition by the
court or execution of an order of the court for placement or
commitment. Design features that physically restrict
movement include, but are not limited to, locked rooms and
the secure handcuffing of a minor to a rail or other
stationary object. In addition, "detention" includes the
court ordered care of an alleged or adjudicated delinquent
minor who requires secure custody pursuant to Section 5-125
of this Act.
(6) "Diversion" means the referral of a juvenile,
without court intervention, into a program that provides
services designed to educate the juvenile and develop a
productive and responsible approach to living in the
community.
(7) "Juvenile detention home" means a public facility
with specially trained staff that conforms to the county
juvenile detention standards promulgated by the Department of
Corrections.
(8) "Juvenile justice continuum" means a set of
delinquency prevention programs and services designed for the
purpose of preventing or reducing delinquent acts, including
criminal activity by youth gangs, as well as intervention,
rehabilitation, and prevention services targeted at minors
who have committed delinquent acts, and minors who have
previously been committed to residential treatment programs
for delinquents. The term includes
children-in-need-of-services and families-in-need-of-services
programs; aftercare and reentry services; substance abuse and
mental health programs; community service programs; community
service work programs; and alternative-dispute resolution
programs serving youth-at-risk of delinquency and their
families, whether offered or delivered by State or local
governmental entities, public or private for-profit or
not-for-profit organizations, or religious or charitable
organizations. This term would also encompass any program or
service consistent with the purpose of those programs and
services enumerated in this subsection.
(9) "Juvenile police officer" means a sworn police
officer who has completed a Basic Recruit Training Course,
has been assigned to the position of juvenile police officer
by his or her chief law enforcement officer and has completed
the necessary juvenile officers training as prescribed by the
Illinois Law Enforcement Training Standards Board, or in the
case of a State police officer, juvenile officer training
approved by the Director of State Police.
(10) "Minor" means a person under the age of 21 years
subject to this Act.
(11) "Non-secure custody" means confinement where the
minor is not physically restricted by being placed in a
locked cell or room, by being handcuffed to a rail or other
stationary object, or by other means. Non-secure custody may
include, but is not limited to, electronic monitoring, foster
home placement, home confinement, group home placement, or
physical restriction of movement or activity solely through
facility staff.
(12) "Public or community service" means uncompensated
labor for a non-profit organization or public body whose
purpose is to enhance physical or mental stability of the
offender, environmental quality or the social welfare and
which agrees to accept public or community service from
offenders and to report on the progress of the offender and
the public or community service to the court.
(13) "Sentencing hearing" means a hearing to determine
whether a minor should be adjudged a ward of the court, and
to determine what sentence should be imposed on the minor.
It is the intent of the General Assembly that the term
"sentencing hearing" replace the term "dispositional hearing"
and be synonymous with that definition as it was used in the
Juvenile Court Act of 1987.
(14) "Shelter" means the temporary care of a minor in
physically unrestricting facilities pending court disposition
or execution of court order for placement.
(15) "Site" means a non-profit organization or public
body agreeing to accept community service from offenders and
to report on the progress of ordered public or community
service to the court or its delegate.
(16) "Station adjustment" means the informal or formal
handling of an alleged offender by a juvenile police officer.
(17) "Trial" means a hearing to determine whether the
allegations of a petition under Section 5-520 that a minor is
delinquent are proved beyond a reasonable doubt. It is the
intent of the General Assembly that the term "trial" replace
the term "adjudicatory hearing" and be synonymous with that
definition as it was used in the Juvenile Court Act of 1987.
(705 ILCS 405/5-110 new)
Sec. 5-110. Parental responsibility. This Article
recognizes the critical role families play in the
rehabilitation of delinquent juveniles. Parents, guardians
and legal custodians shall participate in the assessment and
treatment of juveniles by assisting the juvenile to recognize
and accept responsibility for his or her delinquent behavior.
The Court may order the parents, guardian or legal custodian
to take certain actions or to refrain from certain actions to
serve public safety, to develop competency of the minor, and
to promote accountability by the minor for his or her
actions.
(705 ILCS 405/5-115 new)
Sec. 5-115. Rights of victims. In all proceedings under
this Article, victims shall have the same rights of victims
in criminal proceedings as provided in the Bill of Rights for
Children and the Rights of Crime Victims and Witnesses Act.
(705 ILCS 405/5-120 new)
Sec. 5-120. Exclusive jurisdiction. Proceedings may be
instituted under the provisions of this Article concerning
any minor who prior to the minor's 17th birthday has violated
or attempted to violate, regardless of where the act
occurred, any federal or State law or municipal or county
ordinance. Except as provided in Sections 5-125, 5-130,
5-805, and 5-810 of this Article, no minor who was under 17
years of age at the time of the alleged offense may be
prosecuted under the criminal laws of this State.
(705 ILCS 405/5-125 new)
Sec. 5-125. Concurrent jurisdiction. Any minor alleged
to have violated a traffic, boating, or fish and game law, or
a municipal or county ordinance, may be prosecuted for the
violation and if found guilty punished under any statute or
ordinance relating to the violation, without reference to the
procedures set out in this Article, except that any
detention, must be in compliance with this Article.
For the purpose of this Section, "traffic violation"
shall include a violation of Section 9-3 of the Criminal
Code of 1961 relating to the offense of reckless homicide,
Section 11-501 of the Illinois Vehicle Code, or any similar
county or municipal ordinance.
(705 ILCS 405/5-130 new)
Sec. 5-130. Excluded jurisdiction.
(1)(a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of an offense was at least 15 years of age and who is
charged with first degree murder, aggravated criminal sexual
assault, armed robbery when the armed robbery was committed
with a firearm, or aggravated vehicular hijacking when the
hijacking was committed with a firearm. These charges and all
other charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
(b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (1) the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the Criminal Code of 1961
on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his
or her right to have the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or indictment
is filed that includes one or more charges specified in
paragraph (a) of this subsection (1) and additional charges
that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under
the Criminal Code of 1961.
(c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (1),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the
minor committed an offense not covered by paragraph (a) of
this subsection (1), that finding shall not invalidate the
verdict or the prosecution of the minor under the criminal
laws of the State; however, unless the State requests a
hearing for the purpose of sentencing the minor under Chapter
V of the Unified Code of Corrections, the Court must proceed
under Sections 5-705 and 5-710 of this Article. To request a
hearing, the State must file a written motion within 10 days
following the entry of a finding or the return of a verdict.
Reasonable notice of the motion shall be given to the minor
or his or her counsel. If the motion is made by the State,
the court shall conduct a hearing to determine if the minor
should be sentenced under Chapter V of the Unified Code of
Corrections. In making its determination, the court shall
consider among other matters: (a) whether there is evidence
that the offense was committed in an aggressive and
premeditated manner; (b) the age of the minor; (c) the
previous history of the minor; (d) whether there are
facilities particularly available to the Juvenile Court or
the Department of Corrections, Juvenile Division, for the
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the minor accordingly having
available to it any or all dispositions so prescribed.
(2)(a) The definition of a delinquent minor under
Section 5-120 of this Article shall not apply to any minor
who at the time of the offense was at least 15 years of age
and who is charged with an offense under Section 401 of the
Illinois Controlled Substances Act, while in a school,
regardless of the time of day or the time of year, or any
conveyance owned, leased or contracted by a school to
transport students to or from school or a school related
activity, or residential property owned, operated and managed
by a public housing agency, on the real property comprising
any school, regardless of the time of day or the time of
year, or residential property owned, operated and managed by
a public housing agency, or on a public way within 1,000 feet
of the real property comprising any school, regardless of the
time of day or the time of year, or residential property
owned, operated and managed by a public housing agency.
School is defined, for the purposes of this Section, as any
public or private elementary or secondary school, community
college, college, or university. These charges and all other
charges arising out of the same incident shall be prosecuted
under the criminal laws of this State.
(b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (2) the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the criminal laws of this
State on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his
or her right to have the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or indictment
is filed that includes one or more charges specified in
paragraph (a) of this subsection (2) and additional charges
that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under
the criminal laws of this State.
(c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (2),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the
minor committed an offense not covered by paragraph (a) of
this subsection (2), that finding shall not invalidate the
verdict or the prosecution of the minor under the criminal
laws of the State; however, unless the State requests a
hearing for the purpose of sentencing the minor under Chapter
V of the Unified Code of Corrections, the Court must proceed
under Sections 5-705 and 5-710 of this Article. To request a
hearing, the State must file a written motion within 10 days
following the entry of a finding or the return of a verdict.
Reasonable notice of the motion shall be given to the minor
or his or her counsel. If the motion is made by the State,
the court shall conduct a hearing to determine if the minor
should be sentenced under Chapter V of the Unified Code of
Corrections. In making its determination, the court shall
consider among other matters: (a) whether there is evidence
that the offense was committed in an aggressive and
premeditated manner; (b) the age of the minor; (c) the
previous history of the minor; (d) whether there are
facilities particularly available to the Juvenile Court or
the Department of Corrections, Juvenile Division, for the
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the minor accordingly having
available to it any or all dispositions so prescribed.
(3) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of the offense was at least 15 years of age and who is
charged with a violation of the provisions of paragraph (1),
(3), (4), or (10) of subsection (a) of Section 24-1 of the
Criminal Code of 1961 while in school, regardless of the time
of day or the time of year, or on the real property
comprising any school, regardless of the time of day or the
time of year. School is defined, for purposes of this Section
as any public or private elementary or secondary school,
community college, college, or university. These charges and
all other charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
(b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (3) the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the criminal laws of this
State on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his
or her right to have the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or indictment
is filed that includes one or more charges specified in
paragraph (a) of this subsection (3) and additional charges
that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under
the criminal laws of this State.
(c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (3),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the
minor committed an offense not covered by paragraph (a) of
this subsection (3), that finding shall not invalidate the
verdict or the prosecution of the minor under the criminal
laws of the State; however, unless the State requests a
hearing for the purpose of sentencing the minor under Chapter
V of the Unified Code of Corrections, the Court must proceed
under Sections 5-705 and 5-710 of this Article. To request a
hearing, the State must file a written motion within 10 days
following the entry of a finding or the return of a verdict.
Reasonable notice of the motion shall be given to the minor
or his or her counsel. If the motion is made by the State,
the court shall conduct a hearing to determine if the minor
should be sentenced under Chapter V of the Unified Code of
Corrections. In making its determination, the court shall
consider among other matters: (a) whether there is evidence
that the offense was committed in an aggressive and
premeditated manner; (b) the age of the minor; (c) the
previous history of the minor; (d) whether there are
facilities particularly available to the Juvenile Court or
the Department of Corrections, Juvenile Division, for the
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the minor accordingly having
available to it any or all dispositions so prescribed.
(4)(a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of an offense was at least 13 years of age and who is
charged with first degree murder committed during the course
of either aggravated criminal sexual assault, criminal sexual
assault, or aggravated kidnaping. However, this subsection
(4) does not include a minor charged with first degree murder
based exclusively upon the accountability provisions of the
Criminal Code of 1961.
(b) (i) If before trial or plea an information or
indictment is filed that does not charge first degree murder
committed during the course of aggravated criminal sexual
assault, criminal sexual assault, or aggravated kidnaping,
the State's Attorney may proceed on any lesser charge or
charges, but only in Juvenile Court under the provisions of
this Article. The State's Attorney may proceed under the
criminal laws of this State on a lesser charge if before
trial the minor defendant knowingly and with advice of
counsel waives, in writing, his or her right to have the
matter proceed in Juvenile Court.
(ii) If before trial or plea an information or indictment
is filed that includes first degree murder committed during
the course of aggravated criminal sexual assault, criminal
sexual assault, or aggravated kidnaping, and additional
charges that are not specified in paragraph (a) of this
subsection, all of the charges arising out of the same
incident shall be prosecuted under the criminal laws of this
State.
(c) (i) If after trial or plea the minor is convicted of
first degree murder committed during the course of aggravated
criminal sexual assault, criminal sexual assault, or
aggravated kidnaping, in sentencing the minor, the court
shall have available any or all dispositions prescribed for
that offense under Chapter V of the Unified Code of
Corrections.
(ii) If the minor was not yet 15 years of age at the time
of the offense, and if after trial or plea the court finds
that the minor committed an offense other than first degree
murder committed during the course of either aggravated
criminal sexual assault, criminal sexual assault, or
aggravated kidnapping, the finding shall not invalidate the
verdict or the prosecution of the minor under the criminal
laws of the State; however, unless the State requests a
hearing for the purpose of sentencing the minor under Chapter
V of the Unified Code of Corrections, the Court must proceed
under Sections 5-705 and 5-710 of this Article. To request a
hearing, the State must file a written motion within 10 days
following the entry of a finding or the return of a verdict.
Reasonable notice of the motion shall be given to the minor
or his or her counsel. If the motion is made by the State,
the court shall conduct a hearing to determine whether the
minor should be sentenced under Chapter V of the Unified Code
of Corrections. In making its determination, the court shall
consider among other matters: (a) whether there is evidence
that the offense was committed in an aggressive and
premeditated manner; (b) the age of the minor; (c) the
previous delinquent history of the minor; (d) whether there
are facilities particularly available to the Juvenile Court
or the Department of Corrections, Juvenile Division, for the
treatment and rehabilitation of the minor; (e) whether the
best interest of the minor and the security of the public
require sentencing under Chapter V of the Unified Code of
Corrections; and (f) whether the minor possessed a deadly
weapon when committing the offense. The rules of evidence
shall be the same as if at trial. If after the hearing the
court finds that the minor should be sentenced under Chapter
V of the Unified Code of Corrections, then the court shall
sentence the minor accordingly having available to it any or
all dispositions so prescribed.
(5)(a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who is
charged with a violation of subsection (a) of Section 31-6 or
Section 32-10 of the Criminal Code of 1961 when the minor is
subject to prosecution under the criminal laws of this State
as a result of the application of the provisions of Section
5-125, or subsection (1) or (2) of this Section. These
charges and all other charges arising out of the same
incident shall be prosecuted under the criminal laws of this
State.
(b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (5), the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the criminal laws of this
State on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his
or her right to have the matter proceed in Juvenile Court.
(ii) If before trial or plea an information or indictment
is filed that includes one or more charges specified in
paragraph (a) of this subsection (5) and additional charges
that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under
the criminal laws of this State.
(c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (5),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
(ii) If after trial or plea the court finds that the
minor committed an offense not covered by paragraph (a) of
this subsection (5), the conviction shall not invalidate the
verdict or the prosecution of the minor under the criminal
laws of this State; however, unless the State requests a
hearing for the purpose of sentencing the minor under Chapter
V of the Unified Code of Corrections, the Court must proceed
under Sections 5-705 and 5-710 of this Article. To request a
hearing, the State must file a written motion within 10 days
following the entry of a finding or the return of a verdict.
Reasonable notice of the motion shall be given to the minor
or his or her counsel. If the motion is made by the State,
the court shall conduct a hearing to determine if whether the
minor should be sentenced under Chapter V of the Unified Code
of Corrections. In making its determination, the court shall
consider among other matters: (a) whether there is evidence
that the offense was committed in an aggressive and
premeditated manner; (b) the age of the minor; (c) the
previous delinquent history of the minor; (d) whether there
are facilities particularly available to the Juvenile Court
or the Department of Corrections, Juvenile Division, for the
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be
sentenced under Chapter V of the Unified Code of Corrections,
then the court shall sentence the minor accordingly having
available to it any or all dispositions so prescribed.
(6) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who,
pursuant to subsection (1), (2), or (3) or Section 5-805, or
5-810, has previously been placed under the jurisdiction of
the criminal court and has been convicted of a crime under an
adult criminal or penal statute. Such a minor shall be
subject to prosecution under the criminal laws of this State.
(7) The procedures set out in this Article for the
investigation, arrest and prosecution of juvenile offenders
shall not apply to minors who are excluded from jurisdiction
of the Juvenile Court, except that minors under 17 years of
age shall be kept separate from confined adults.
(8) Nothing in this Act prohibits or limits the
prosecution of any minor for an offense committed on or after
his or her 17th birthday even though he or she is at the time
of the offense a ward of the court.
(9) If an original petition for adjudication of wardship
alleges the commission by a minor 13 years of age or over of
an act that constitutes a crime under the laws of this State,
the minor, with the consent of his or her counsel, may, at
any time before commencement of the adjudicatory hearing,
file with the court a motion that criminal prosecution be
ordered and that the petition be dismissed insofar as the act
or acts involved in the criminal proceedings are concerned.
If such a motion is filed as herein provided, the court shall
enter its order accordingly.
(705 ILCS 405/5-135 new)
Sec. 5-135. Venue.
(1) Venue under this Article lies in the county where
the minor resides, where the alleged violation or attempted
violation of federal, State, county or municipal ordinance
occurred or in the county where the order of the court,
alleged to have been violated by the minor, was made unless
subsequent to the order the proceedings have been transferred
to another county.
(2) If proceedings are commenced in any county other
than that of the minor's residence, the court in which the
proceedings were initiated may at any time before or after
adjudication of wardship transfer the case to the county of
the minor's residence by transmitting to the court in that
county an authenticated copy of the court record, including
all documents, petitions and orders filed in that court, a
copy of all reports prepared by the agency providing services
to the minor, and the minute orders and docket entries of the
court. Transfer in like manner may be made in the event of a
change of residence from one county to another of a minor
concerning whom proceedings are pending.
(705 ILCS 405/5-140 new)
Sec. 5-140. Legislative findings.
(a) The General Assembly finds that a substantial and
disproportionate amount of serious crime is committed by a
relatively small number of juvenile offenders, otherwise
known as serious habitual offenders. By this amendatory Act
of 1998, the General Assembly intends to support the efforts
of the juvenile justice system comprised of law enforcement,
state's attorneys, probation departments, juvenile courts,
social service providers, and schools in the early
identification and treatment of habitual juvenile offenders.
The General Assembly further supports increased interagency
efforts to gather comprehensive data and actively disseminate
the data to the agencies in the juvenile justice system to
produce more informed decisions by all entities in that
system.
(b) The General Assembly finds that the establishment of
a Serious Habitual Offender Comprehensive Action Program
throughout the State of Illinois is necessary to effectively
intensify the supervision of serious habitual juvenile
offenders in the community and to enhance current
rehabilitative efforts. A cooperative and coordinated
multi-disciplinary approach will increase the opportunity for
success with juvenile offenders and assist in the development
of early intervention strategies.
(705 ILCS 405/5-145 new)
Sec. 5-145. Cooperation of agencies; Serious Habitual
Offender Comprehensive Action Program.
(a) The Serious Habitual Offender Comprehensive Action
Program (SHOCAP) is a multi-disciplinary interagency case
management and information sharing system that enables the
juvenile justice system, schools, and social service agencies
to make more informed decisions regarding a small number of
juveniles who repeatedly commit serious delinquent acts.
(b) Each county in the State of Illinois, other than
Cook County, may establish a multi-disciplinary agency
(SHOCAP) committee. In Cook County, each subcircuit or group
of subcircuits may establish a multi-disciplinary agency
(SHOCAP) committee. The committee shall consist of
representatives from the following agencies: local law
enforcement, area school district, state's attorney's office,
and court services (probation).
The chairman may appoint additional members to the
committee as deemed appropriate to accomplish the goals of
this program, including, but not limited to, representatives
from the juvenile detention center, mental health, the
Illinois Department of Children and Family Services,
Department of Human Services and community representatives at
large.
(c) The SHOCAP committee shall adopt, by a majority of
the members:
(1) criteria that will identify those who qualify
as a serious habitual juvenile offender; and
(2) a written interagency information sharing
agreement to be signed by the chief executive officer of
each of the agencies represented on the committee. The
interagency information sharing agreement shall include a
provision that requires that all records pertaining to a
serious habitual offender (SHO) shall be confidential.
Disclosure of information may be made to other staff from
member agencies as authorized by the SHOCAP committee for
the furtherance of case management and tracking of the
SHO. Staff from the member agencies who receive this
information shall be governed by the confidentiality
provisions of this Act. The staff from the member
agencies who will qualify to have access to the SHOCAP
information must be limited to those individuals who
provide direct services to the SHO or who provide
supervision of the SHO.
(d) The Chief Juvenile Circuit Judge, or the Chief
Circuit Judge, or his or her designee, may issue a
comprehensive information sharing court order. The court
order shall allow agencies who are represented on the SHOCAP
committee and whose chief executive officer has signed the
interagency information sharing agreement to provide and
disclose information to the SHOCAP committee. The sharing of
information will ensure the coordination and cooperation of
all agencies represented in providing case management and
enhancing the effectiveness of the SHOCAP efforts.
(e) Any person or agency who is participating in good
faith in the sharing of SHOCAP information under this Act
shall have immunity from any liability, civil, criminal, or
otherwise, that might result by reason of the type of
information exchanged. For the purpose of any proceedings,
civil or criminal, the good faith of any person or agency
permitted to share SHOCAP information under this Act shall be
presumed.
(f) All reports concerning SHOCAP clients made available
to members of the SHOCAP committee and all records generated
from these reports shall be confidential and shall not be
disclosed, except as specifically authorized by this Act or
other applicable law. It is a Class A misdemeanor to permit,
assist, or encourage the unauthorized release of any
information contained in SHOCAP reports or records.
(705 ILCS 405/5-150 new)
Sec. 5-150. Admissibility of evidence and adjudications
in other proceedings.
(1) Evidence and adjudications in proceedings under this
Act shall be admissible:
(a) in subsequent proceedings under this Act
concerning the same minor; or
(b) in criminal proceedings when the court is to
determine the amount of bail, fitness of the defendant or
in sentencing under the Unified Code of Corrections; or
(c) in proceedings under this Act or in criminal
proceedings in which anyone who has been adjudicated
delinquent under Section 5-105 is to be a witness
including the minor or defendant if he or she testifies,
and then only for purposes of impeachment and pursuant to
the rules of evidence for criminal trials; or
(d) in civil proceedings concerning causes of
action arising out of the incident or incidents which
initially gave rise to the proceedings under this Act.
(2) No adjudication or disposition under this Act shall
operate to disqualify a minor from subsequently holding
public office nor shall operate as a forfeiture of any right,
privilege or right to receive any license granted by public
authority.
(3) The court which adjudicated that a minor has
committed any offense relating to motor vehicles prescribed
in Sections 4-102 and 4-103 of the Illinois Vehicle Code
shall notify the Secretary of State of that adjudication and
the notice shall constitute sufficient grounds for revoking
that minor's driver's license or permit as provided in
Section 6-205 of the Illinois Vehicle Code; no minor shall be
considered a criminal by reason thereof, nor shall any such
adjudication be considered a conviction.
(705 ILCS 405/5-155 new)
Sec. 5-155. Any weapon in possession of a minor found to
be a delinquent under Section 5-105 for an offense involving
the use of a weapon or for being in possession of a weapon
during the commission of an offense shall be confiscated and
disposed of by the juvenile court whether the weapon is the
property of the minor or his or her parent or guardian.
Disposition of the weapon by the court shall be in accordance
with Section 24-6 of the Criminal Code of 1961.
(705 ILCS 405/Art. V, Part 2 heading new)
PART 2. ADMINISTRATION OF JUVENILE JUSTICE
CONTINUUM FOR DELINQUENCY PREVENTION
(705 ILCS 405/5-201 new)
Sec. 5-201. Legislative declaration. The General
Assembly recognizes that, despite the large investment of
resources committed to address the needs of the juvenile
justice system of this State, cost of juvenile crime
continues to drain the State's existing financial capacity,
and exacts traumatic and tragic physical, psychological and
economic damage to victims. The General Assembly further
recognizes that many adults in the criminal justice system
were once delinquents in the juvenile justice system. The
General Assembly also recognizes that the most effective
juvenile delinquency programs are programs that not only
prevent children from entering the juvenile justice system,
but also meet local community needs and have substantial
community involvement and support. Therefore, it is the
belief of the General Assembly that one of the best
investments of the scarce resources available to combat crime
is in the prevention of delinquency, including prevention of
criminal activity by youth gangs. It is the intent of the
General Assembly to authorize and encourage each of the
counties of the State to establish a comprehensive juvenile
justice plan based upon the input of representatives of every
affected public or private entity, organization, or group.
It is the further intent of the General Assembly that
representatives of school systems, the judiciary, law
enforcement, and the community acquire a thorough
understanding of the role and responsibility that each has in
addressing juvenile crime in the community, that the county
juvenile justice plan reflect an understanding of the legal
and fiscal limits within which the plan must be implemented,
and that willingness of the parties to cooperate and
collaborate in implementing the plan be explicitly stated.
It is the further intent of the General Assembly that county
juvenile justice plans form the basis of regional and State
juvenile justice plans and that the prevention and treatment
resources at the county, regional, and State levels be
utilized to the maximum extent possible to implement and
further the goals of their respective plans.
(705 ILCS 405/Art. V, Part 3 heading new)
PART 3. IMMEDIATE INTERVENTION PROCEDURES
(705 ILCS 405/5-300 new)
Sec. 5-300. Legislative Declaration. The General
Assembly recognizes that a major component of any continuum
for delinquency prevention is a series of immediate
interaction programs. It is the belief of the General
Assembly that each community or group of communities is best
suited to develop and implement immediate intervention
programs to identify and redirect delinquent youth. The
following programs and procedures for immediate intervention
are authorized options for communities, and are not intended
to be exclusive or mandated.
(705 ILCS 405/5-301 new)
Sec. 5-301. Station adjustments. A minor arrested for
any offense or a violation of a condition of previous station
adjustment may receive a station adjustment for that arrest
as provided herein. In deciding whether to impose a station
adjustment, either informal or formal, a juvenile police
officer shall consider the following factors:
(A) The seriousness of the alleged offense.
(B) The prior history of delinquency of the minor.
(C) The age of the minor.
(D) The culpability of the minor in committing the
alleged offense.
(E) Whether the offense was committed in an aggressive
or premeditated manner.
(F) Whether the minor used or possessed a deadly weapon
when committing the alleged offenses.
(1) Informal station adjustment.
(a) An informal station adjustment is defined as a
procedure when a juvenile police officer determines that
there is probable cause to believe that the minor has
committed an offense.
(b) A minor shall receive no more than 3 informal
station adjustments statewide for a misdemeanor offense
within 3 years without prior approval from the State's
Attorney's Office.
(c) A minor shall receive no more than 3 informal
station adjustments statewide for a felony offense within
3 years without prior approval from the State's
Attorney's Office.
(d) A minor shall receive a combined total of no
more than 5 informal station adjustments statewide during
his or her minority.
(e) The juvenile police officer may make reasonable
conditions of an informal station adjustment which may
include but are not limited to:
(i) Curfew.
(ii) Conditions restricting entry into
designated geographical areas.
(iii) No contact with specified persons.
(iv) School attendance.
(v) Performing up to 25 hours of community
service work.
(vi) Community mediation.
(vii) Teen court or a peer court.
(viii) Restitution limited to 90 days.
(f) If the minor refuses or fails to abide by the
conditions of an informal station adjustment, the
juvenile police officer may impose a formal station
adjustment or refer the matter to the State's Attorney's
Office.
(g) An informal station adjustment does not
constitute an adjudication of delinquency or a criminal
conviction. Beginning January 1, 2000, a record shall
be maintained with the Department of State Police for
informal station adjustments for offenses that would be a
felony if committed by an adult, and may be maintained if
the offense would be a misdemeanor.
(2) Formal station adjustment.
(a) A formal station adjustment is defined as a
procedure when a juvenile police officer determines that
there is probable cause to believe the minor has
committed an offense and an admission by the minor of
involvement in the offense.
(b) The minor and parent, guardian, or legal
custodian must agree in writing to the formal station
adjustment and must be advised of the consequences of
violation of any term of the agreement.
(c) The minor and parent, guardian or legal
custodian shall be provided a copy of the signed
agreement of the formal station adjustment. The
agreement shall include:
(i) The offense which formed the basis of the
formal station adjustment.
(ii) An acknowledgment that the terms of the
formal station adjustment and the consequences for
violation have been explained.
(iii) An acknowledgment that the formal
station adjustments record may be expunged under
Section 5-915 of this Act.
(iv) An acknowledgement that the minor
understands that his or her admission of involvement
in the offense may be admitted into evidence in
future court hearings.
(v) A statement that all parties understand
the terms and conditions of formal station
adjustment and agree to the formal station
adjustment process.
(d) Conditions of the formal station adjustment may
include, but are not be limited to:
(i) The time shall not exceed 120 days.
(ii) The minor shall not violate any laws.
(iii) The juvenile police officer may require
the minor to comply with additional conditions for
the formal station adjustment which may include but
are not limited to:
(a) Attending school.
(b) Abiding by a set curfew.
(c) Payment of restitution.
(d) Refraining from possessing a firearm
or other weapon.
(e) Reporting to a police officer at
designated times and places, including
reporting and verification that the minor is at
home at designated hours.
(f) Performing up to 25 hours of
community service work.
(g) Refraining from entering designated
geographical areas.
(h) Participating in community mediation.
(i) Participating in teen court or peer
court.
(j) Refraining from contact with
specified persons.
(e) A formal station adjustment does not
constitute an adjudication of delinquency or a criminal
conviction. Beginning January 1, 2000, a record shall be
maintained with the Department of State Police for formal
station adjustments.
(f) A minor or the minor's parent, guardian, or
legal custodian, or both the minor and the minor's
parent, guardian, or legal custodian, may refuse a formal
station adjustment and have the matter referred for court
action or other appropriate action.
(g) A minor or the minor's parent, guardian, or
legal custodian, or both the minor and the minor's
parent, guardian, or legal custodian, may within 30 days
of the commencement of the formal station adjustment
revoke their consent and have the matter referred for
court action or other appropriate action. This
revocation must be in writing and personally served upon
the police officer or his or her supervisor.
(h) The admission of the minor as to involvement in
the offense shall be admissible at further court hearings
as long as the statement would be admissible under the
rules of evidence.
(i) If the minor violates any term or condition of
the formal station adjustment the juvenile police officer
shall provide written notice of violation to the minor
and the minor's parent, guardian, or legal custodian.
After consultation with the minor and the minor's parent,
guardian, or legal custodian, the juvenile police officer
may take any of the following steps upon violation:
(i) Warn the minor of consequences of
continued violations and continue the formal station
adjustment.
(ii) Extend the period of the formal station
adjustment up to a total of 180 days.
(iii) Extend the hours of community service
work up to a total of 40 hours.
(iv) Terminate the formal station adjustment
unsatisfactorily and take no other action.
(v) Terminate the formal station adjustment
unsatisfactorily and refer the matter to the
juvenile court.
(j) A minor shall receive no more than 2 formal
station adjustments statewide for a felony offense
without the State's Attorney's approval within a 3 year
period.
(k) A minor shall receive no more than 3 formal
station adjustments statewide for a misdemeanor offense
without the State's Attorney's approval within a 3 year
period.
(l) The total for formal station adjustments
statewide within the period of minority may not exceed 4
without the State's Attorney's approval.
(m) If the minor is arrested in a jurisdiction
where the minor does not reside, the formal station
adjustment may be transferred to the jurisdiction where
the minor does reside upon written agreement of that
jurisdiction to monitor the formal station adjustment.
(3) Beginning January 1, 2000, the juvenile police
officer making a station adjustment shall assure that
information about any offense which would constitute a felony
if committed by an adult and may assure that information
about a misdemeanor is transmitted to the Department of State
Police.
(4) The total number of station adjustments, both formal
and informal, shall not exceed 9 without the State's
Attorney's approval for any minor arrested anywhere in the
State.
(705 ILCS 405/5-305 new)
Sec. 5-305. Probation adjustment.
(1) The court may authorize the probation officer to
confer in a preliminary conference with a minor who is
alleged to have committed an offense, his or her parent,
guardian or legal custodian, the victim, the juvenile police
officer, the State's Attorney, and other interested persons
concerning the advisability of filing a petition under
Section 5-520, with a view to adjusting suitable cases
without the filing of a petition as provided for in this
Article, the probation officer should schedule a conference
promptly except when the State's Attorney insists on court
action or when the minor has indicated that he or she will
demand a judicial hearing and will not comply with a
probation adjustment.
(1-b) In any case of a minor who is in custody, the
holding of a probation adjustment conference does not operate
to prolong temporary custody beyond the period permitted by
Section 5-415.
(2) This Section does not authorize any probation
officer to compel any person to appear at any conference,
produce any papers, or visit any place.
(3) No statement made during a preliminary conference in
regard to the offense that is the subject of the conference
may be admitted into evidence at an adjudicatory hearing or
at any proceeding against the minor under the criminal laws
of this State prior to his or her conviction under those
laws.
(4) When a probation adjustment is appropriate, the
probation officer shall promptly formulate a written,
non-judicial adjustment plan following the initial
conference.
(5) Non-judicial probation adjustment plans include but
are not limited to the following:
(a) up to 6 months informal supervision within the
family;
(b) up to 12 months informal supervision with a
probation officer involved;
(c) up to 6 months informal supervision with
release to a person other than a parent;
(d) referral to special educational, counseling, or
other rehabilitative social or educational programs;
(e) referral to residential treatment programs;
(f) participation in a public or community service
program or activity; and
(g) any other appropriate action with the consent
of the minor and a parent.
(6) The factors to be considered by the probation
officer in formulating a non-judicial probation adjustment
plan shall be the same as those limited in subsection (4) of
Section 5-405.
(7) Beginning January 1, 2000, the probation officer
who imposes a probation adjustment plan shall assure that
information about an offense which would constitute a felony
if committed by an adult, and may assure that information
about a misdemeanor offense, is transmitted to the Department
of State Police.
(705 ILCS 405/5-310 new)
Sec. 5-310. Community mediation program.
(1) Program purpose. The purpose of community mediation
is to provide a system by which minors who commit delinquent
acts may be dealt with in a speedy and informal manner at the
community or neighborhood level. The goal is to make the
juvenile understand the seriousness of his or her actions and
the effect that a crime has on the minor, his or her family,
his or her victim and his or her community. In addition, this
system offers a method to reduce the ever-increasing
instances of delinquent acts while permitting the judicial
system to deal effectively with cases that are more serious
in nature.
(2) Community mediation panels. The State's Attorney, or
an entity designated by the State's Attorney, may establish
community mediation programs designed to provide citizen
participation in addressing juvenile delinquency. The
State's Attorney, or his or her designee, shall maintain a
list of qualified persons who have agreed to serve as
community mediators. To the maximum extent possible, panel
membership shall reflect the social-economic, racial and
ethnic make-up of the community in which the panel sits. The
panel shall consist of members with a diverse background in
employment, education and life experience.
(3) Community mediation cases.
(a) Community mediation programs shall provide one
or more community mediation panels to informally hear
cases that are referred by a police officer as a station
adjustment, or a probation officer as a probation
adjustment, or referred by the State's Attorney as a
diversion from prosecution.
(b) Minors who are offered the opportunity to
participate in the program must admit responsibility for
the offense to be eligible for the program.
(4) Disposition of cases. Subsequent to any hearing
held, the community mediation panel may:
(a) Refer the minor for placement in a
community-based nonresidential program.
(b) Refer the minor or the minor's family to
community counseling.
(c) Require the minor to perform up to 100 hours of
community service.
(d) Require the minor to make restitution in money
or in kind in a case involving property damage; however,
the amount of restitution shall not exceed the amount of
actual damage to property.
(e) Require the minor and his or her parent,
guardian, or legal custodian to undergo an approved
screening for substance abuse or use, or both. If the
screening indicates a need, a drug and alcohol assessment
of the minor and his or her parent, guardian, or legal
custodian shall be conducted by an entity licensed by the
Department of Human Services, as a successor to the
Department of Alcoholism and Substance Abuse. The minor
and his or her parent, guardian, or legal custodian shall
adhere to and complete all recommendations to obtain drug
and alcohol treatment and counseling resulting from the
assessment.
(f) Require the minor to attend school.
(g) Require the minor to attend tutorial sessions.
(h) Impose any other restrictions or sanctions that
are designed to encourage responsible and acceptable
behavior and are agreed upon by the participants of the
community mediation proceedings.
(5) The agreement shall run no more than 6 months. All
community mediation panel members and observers are required
to sign the following oath of confidentiality prior to
commencing community mediation proceedings:
"I solemnly swear or affirm that I will not
divulge, either by words or signs, any information
about the case which comes to my knowledge in the
course of a community mediation presentation and
that I will keep secret all proceedings which may be
held in my presence.
Further, I understand that if I break
confidentiality by telling anyone else the names of
community mediation participants, except for
information pertaining to the community mediation
panelists themselves, or any other specific details
of the case which may identify that juvenile, I will
no longer be able to serve as a community mediation
panel member or observer."
(6) The State's Attorney shall adopt rules and
procedures governing administration of the program.
(705 ILCS 405/5-315 new)
Sec. 5-315. Teen court. The county board or corporate
authorities of a municipality, or both, may create or
contract with a community based organization for teen court
programs.
(705 ILCS 405/5-325 new)
Sec. 5-325. Reports to the State's Attorney. Upon the
request of the State's Attorney in the county where it is
alleged that a minor has committed a crime, any school or law
enforcement agency that has knowledge of those allegations
shall forward information or a report concerning the incident
to the State's Attorney, provided that the information is not
currently protected by any privilege recognized by law or by
decision, rule, or order of the Illinois Supreme Court.
(705 ILCS 405/5-330 new)
Sec. 5-330. State's Attorney's discretion to prosecute.
Nothing in this Article shall divest the authority of the
State's Attorney to file appropriate charges for violations
of this Article if he or she has probable cause to believe
that the violations have occurred.
(705 ILCS 405/Art. V, Part 4 heading new)
PART 4. ARREST AND CUSTODY
(705 ILCS 405/5-401 new)
Sec. 5-401. Arrest and taking into custody of a minor.
(1) A law enforcement officer may, without a warrant,
(a) arrest a minor whom the officer with probable cause
believes to be a delinquent minor; or (b) take into custody
a minor who has been adjudged a ward of the court and has
escaped from any commitment ordered by the court under this
Act; or (c) take into custody a minor whom the officer
reasonably believes has violated the conditions of probation
or supervision ordered by the court.
(2) Whenever a petition has been filed under Section
5-520 and the court finds that the conduct and behavior of
the minor may endanger the health, person, welfare, or
property of the minor or others or that the circumstances of
his or her home environment may endanger his or her health,
person, welfare or property, a warrant may be issued
immediately to take the minor into custody.
(3) Except for minors accused of violation of an order
of the court, any minor accused of any act under federal or
State law, or a municipal or county ordinance that would not
be illegal if committed by an adult, cannot be placed in a
jail, municipal lockup, detention center, or secure
correctional facility. Juveniles accused with underage
consumption and underage possession of alcohol cannot be
placed in a jail, municipal lockup, detention center, or
correctional facility.
(705 ILCS 405/5-405 new)
Sec. 5-405. Duty of officer; admissions by minor.
(1) A law enforcement officer who arrests a minor with a
warrant shall immediately make a reasonable attempt to notify
the parent or other person legally responsible for the
minor's care or the person with whom the minor resides that
the minor has been arrested and where he or she is being
held. The minor shall be delivered without unnecessary delay
to the court or to the place designated by rule or order of
court for the reception of minors.
(2) A law enforcement officer who arrests a minor
without a warrant under Section 5-401 shall, if the minor is
not released, immediately make a reasonable attempt to notify
the parent or other person legally responsible for the
minor's care or the person with whom the minor resides that
the minor has been arrested and where the minor is being
held; and the law enforcement officer shall without
unnecessary delay take the minor to the nearest juvenile
police officer designated for these purposes in the county of
venue or shall surrender the minor to a juvenile police
officer in the city or village where the offense is alleged
to have been committed. If a minor is taken into custody for
an offense which would be a misdemeanor if committed by an
adult, the law enforcement officer, upon determining the true
identity of the minor, may release the minor to the parent or
other person legally responsible for the minor's care or the
person with whom the minor resides. If a minor is so
released, the law enforcement officer shall promptly notify a
juvenile police officer of the circumstances of the custody
and release.
(3) The juvenile police officer may take one of the
following actions:
(a) station adjustment and release of the minor;
(b) release the minor to his or her parents and
refer the case to Juvenile Court;
(c) if the juvenile police officer reasonably
believes that there is an urgent and immediate necessity
to keep the minor in custody, the juvenile police officer
shall deliver the minor without unnecessary delay to the
court or to the place designated by rule or order of
court for the reception of minors;
(d) any other appropriate action with consent of
the minor or a parent.
(4) The factors to be considered in determining whether
to release or keep a minor in custody shall include:
(a) the nature of the allegations against the
minor;
(b) the minor's history and present situation;
(c) the history of the minor's family and the
family's present situation;
(d) the educational and employment status of the
minor;
(e) the availability of special resource or
community services to aid or counsel the minor;
(f) the minor's past involvement with and progress
in social programs;
(g) the attitude of complainant and community
toward the minor; and
(h) the present attitude of the minor and family.
(5) The records of law enforcement officers concerning
all minors taken into custody under this Act shall be
maintained separate from the records of arrests of adults and
may not be inspected by or disclosed to the public except
pursuant to Section 5-901 and Section 5-905.
(705 ILCS 405/5-410 new)
Sec. 5-410. Non-secure custody or detention.
(1) Any minor arrested or taken into custody pursuant to
this Act who requires care away from his or her home but who
does not require physical restriction shall be given
temporary care in a foster family home or other shelter
facility designated by the court.
(2) (a) Any minor 10 years of age or older arrested
pursuant to this Act where there is probable cause to believe
that the minor is a delinquent minor and that (i) secured
custody is a matter of immediate and urgent necessity for the
protection of the minor or of the person or property of
another, (ii) the minor is likely to flee the jurisdiction of
the court, or (iii) the minor was taken into custody under a
warrant, may be kept or detained in an authorized detention
facility. No minor under 12 years of age shall be detained
in a county jail or a municipal lockup for more than 6 hours.
(b) The written authorization of the probation officer
or detention officer (or other public officer designated by
the court in a county having 3,000,000 or more inhabitants)
constitutes authority for the superintendent of any juvenile
detention home to detain and keep a minor for up to 40 hours,
excluding Saturdays, Sundays and court-designated holidays.
These records shall be available to the same persons and
pursuant to the same conditions as are law enforcement
records as provided in Section 5-905.
(b-4) The consultation required by subsection (b-5)
shall not be applicable if the probation officer or detention
officer (or other public officer designated by the court in a
county having 3,000,000 or more inhabitants) utilizes a
scorable detention screening instrument, which has been
developed with input by the State's Attorney, to determine
whether a minor should be detained, however, subsection (b-5)
shall still be applicable where no such screening instrument
is used or where the probation officer, detention officer (or
other public officer designated by the court in a county
having 3,000,000 or more inhabitants) deviates from the
screening instrument.
(b-5) Subject to the provisions of subsection (b-4), if
a probation officer or detention officer (or other public
officer designated by the court in a county having 3,000,000
or more inhabitants) does not intend to detain a minor for an
offense which constitutes one of the following offenses he or
she shall consult with the State's Attorney's Office prior to
the release of the minor: first degree murder, second degree
murder, involuntary manslaughter, criminal sexual assault,
aggravated criminal sexual assault, aggravated battery with a
firearm, aggravated or heinous battery involving permanent
disability or disfigurement or great bodily harm, robbery,
aggravated robbery, armed robbery, vehicular hijacking,
aggravated vehicular hijacking, vehicular invasion, arson,
aggravated arson, kidnapping, aggravated kidnapping, home
invasion, burglary, or residential burglary.
(c) Except as otherwise provided in paragraph (a), (d),
or (e), no minor shall be detained in a county jail or
municipal lockup for more than 12 hours, unless the offense
is a crime of violence in which case the minor may be
detained up to 24 hours. For the purpose of this paragraph,
"crime of violence" has the meaning ascribed to it in Section
1-10 of the Alcoholism and Other Drug Abuse and Dependency
Act.
(i) The period of detention is deemed to have begun once
the minor has been placed in a locked room or cell or
handcuffed to a stationary object in a building housing a
county jail or municipal lockup. Time spent transporting a
minor is not considered to be time in detention or secure
custody.
(ii) Any minor so confined shall be under periodic
supervision and shall not be permitted to come into or remain
in contact with adults in custody in the building.
(iii) Upon placement in secure custody in a jail or
lockup, the minor shall be informed of the purpose of the
detention, the time it is expected to last and the fact that
it cannot exceed the time specified under this Act.
(iv) A log shall be kept which shows the offense which is
the basis for the detention, the reasons and circumstances
for the decision to detain and the length of time the minor
was in detention.
(v) Violation of the time limit on detention in a county
jail or municipal lockup shall not, in and of itself, render
inadmissible evidence obtained as a result of the violation
of this time limit. Minors under 17 years of age shall be
kept separate from confined adults and may not at any time be
kept in the same cell, room or yard with adults confined
pursuant to criminal law. Persons 17 years of age and older
who have a petition of delinquency filed against them shall
be confined in an adult detention facility.
(d) (i) If a minor 12 years of age or older is confined
in a county jail in a county with a population below
3,000,000 inhabitants, then the minor's confinement shall be
implemented in such a manner that there will be no contact by
sight, sound or otherwise between the minor and adult
prisoners. Minors 12 years of age or older must be kept
separate from confined adults and may not at any time be kept
in the same cell, room, or yard with confined adults. This
paragraph (d)(i) shall only apply to confinement pending an
adjudicatory hearing and shall not exceed 40 hours, excluding
Saturdays, Sundays and court designated holidays. To accept
or hold minors during this time period, county jails shall
comply with all monitoring standards promulgated by the
Department of Corrections and training standards approved by
the Illinois Law Enforcement Training Standards Board.
(ii) To accept or hold minors, 12 years of age or older,
after the time period prescribed in paragraph (d)(i) of this
subsection (2) of this Section but not exceeding 7 days
including Saturdays, Sundays and holidays pending an
adjudicatory hearing, county jails shall comply with all
temporary detention standards promulgated by the Department
of Corrections and training standards approved by the
Illinois Law Enforcement Training Standards Board.
(iii) To accept or hold minors 12 years of age or older,
after the time period prescribed in paragraphs (d)(i) and
(d)(ii) of this subsection (2) of this Section, county jails
shall comply with all programmatic and training standards for
juvenile detention homes promulgated by the Department of
Corrections.
(e) When a minor who is at least 15 years of age is
prosecuted under the criminal laws of this State, the court
may enter an order directing that the juvenile be confined in
the county jail. However, any juvenile confined in the
county jail under this provision shall be separated from
adults who are confined in the county jail in such a manner
that there will be no contact by sight, sound or otherwise
between the juvenile and adult prisoners.
(f) For purposes of appearing in a physical lineup, the
minor may be taken to a county jail or municipal lockup under
the direct and constant supervision of a juvenile police
officer. During such time as is necessary to conduct a
lineup, and while supervised by a juvenile police officer,
the sight and sound separation provisions shall not apply.
(g) For purposes of processing a minor, the minor may be
taken to a County Jail or municipal lockup under the direct
and constant supervision of a law enforcement officer or
correctional officer. During such time as is necessary to
process the minor, and while supervised by a law enforcement
officer or correctional officer, the sight and sound
separation provisions shall not apply.
(3) If the probation officer or State's Attorney (or
such other public officer designated by the court in a county
having 3,000,000 or more inhabitants) determines that the
minor may be a delinquent minor as described in subsection
(3) of Section 5-105, and should be retained in custody but
does not require physical restriction, the minor may be
placed in non-secure custody for up to 40 hours pending a
detention hearing.
(4) Any minor taken into temporary custody, not
requiring secure detention, may, however, be detained in the
home of his or her parent or guardian subject to such
conditions as the court may impose.
(705 ILCS 405/5-415 new)
Sec. 5-415. Setting of detention or shelter care
hearing; release.
(1) Unless sooner released, a minor alleged to be a
delinquent minor taken into temporary custody must be brought
before a judicial officer within 40 hours for a detention or
shelter care hearing to determine whether he or she shall be
further held in custody. If a minor alleged to be a
delinquent minor taken into custody is hospitalized or is
receiving treatment for a physical or mental condition, and
is unable to be brought before a judicial officer for a
detention or shelter care hearing, the 40 hour period will
not commence until the minor is released from the hospital or
place of treatment. If the minor gives false information to
law enforcement officials regarding the minor's identity or
age, the 40 hour period will not commence until the court
rules that the minor is subject to this Act and not subject
to prosecution under the Criminal Code of 1961. Any other
delay attributable to a minor alleged to be a delinquent
minor who is taken into temporary custody shall act to toll
the 40 hour time period. In all cases, the 40 hour time
period is exclusive of Saturdays, Sundays and
court-designated holidays.
(2) If the State's Attorney or probation officer (or
other public officer designated by the court in a county
having more than 3,000,000 inhabitants) determines that the
minor should be retained in custody, he or she shall cause a
petition to be filed as provided in Section 5-520 of this
Article, and the clerk of the court shall set the matter for
hearing on the detention or shelter care hearing calendar.
When a parent, legal guardian, custodian, or responsible
relative is present and so requests, the detention or shelter
care hearing shall be held immediately if the court is in
session and the State is ready to proceed, otherwise at the
earliest feasible time. The probation officer or such other
public officer designated by the court in a county having
more than 3,000,000 inhabitants shall notify the minor's
parent, legal guardian, custodian, or responsible relative of
the time and place of the hearing. The notice may be given
orally.
(3) The minor must be released from custody at the
expiration of the 40 hour period specified by this Section if
not brought before a judicial officer within that period.
(4) After the initial 40 hour period has lapsed, the
court may review the minor's custodial status at any time
prior to the trial or sentencing hearing. If during this
time period new or additional information becomes available
concerning the minor's conduct, the court may conduct a
hearing to determine whether the minor should be placed in a
detention or shelter care facility. If the court finds that
there is probable cause that the minor is a delinquent minor
and that it is a matter of immediate and urgent necessity for
the protection of the minor or of the person or property of
another, or that he or she is likely to flee the jurisdiction
of the court, the court may order that the minor be placed in
detention or shelter care.
(705 ILCS 405/Art. V, Part 5 heading new)
PART 5. PRETRIAL PROCEEDINGS
(705 ILCS 405/5-501 new)
Sec. 5-501. Detention or shelter care hearing. At the
appearance of the minor before the court at the detention or
shelter care hearing, the court shall receive all relevant
information and evidence, including affidavits concerning the
allegations made in the petition. Evidence used by the court
in its findings or stated in or offered in connection with
this Section may be by way of proffer based on reliable
information offered by the State or minor. All evidence
shall be admissible if it is relevant and reliable regardless
of whether it would be admissible under the rules of evidence
applicable at a trial. No hearing may be held unless the
minor is represented by counsel.
(1) If the court finds that there is not probable cause
to believe that the minor is a delinquent minor it shall
release the minor and dismiss the petition.
(2) If the court finds that there is probable cause to
believe that the minor is a delinquent minor, the minor, his
or her parent, guardian, custodian and other persons able to
give relevant testimony may be examined before the court.
The court may also consider any evidence by way of proffer
based upon reliable information offered by the State or the
minor. All evidence, including affidavits, shall be
admissible if it is relevant and reliable regardless of
whether it would be admissible under the rules of evidence
applicable at trial. After such evidence is presented, the
court may enter an order that the minor shall be released
upon the request of a parent, guardian or legal custodian if
the parent, guardian or custodian appears to take custody.
If the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor or of the
person or property of another that the minor be detained or
placed in a shelter care facility or that he or she is likely
to flee the jurisdiction of the court, the court may
prescribe detention or shelter care and order that the minor
be kept in a suitable place designated by the court or in a
shelter care facility designated by the Department of
Children and Family Services or a licensed child welfare
agency; otherwise it shall release the minor from custody. If
the court prescribes shelter care, then in placing the minor,
the Department or other agency shall, to the extent
compatible with the court's order, comply with Section 7 of
the Children and Family Services Act. In making the
determination of the existence of immediate and urgent
necessity, the court shall consider among other matters: (a)
the nature and seriousness of the alleged offense; (b) the
minor's record of delinquency offenses, including whether the
minor has delinquency cases pending; (c) the minor's record
of willful failure to appear following the issuance of a
summons or warrant; (d) the availability of non-custodial
alternatives, including the presence of a parent, guardian or
other responsible relative able and willing to provide
supervision and care for the minor and to assure his or her
compliance with a summons. If the minor is ordered placed in
a shelter care facility of a licensed child welfare agency,
the court shall, upon request of the agency, appoint the
appropriate agency executive temporary custodian of the minor
and the court may enter such other orders related to the
temporary custody of the minor as it deems fit and proper.
The order together with the court's findings of fact in
support of the order shall be entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the
minor be placed in a shelter care facility, the minor shall
not be returned to the parent, custodian or guardian until
the court finds that the placement is no longer necessary for
the protection of the minor.
(3) Only when there is reasonable cause to believe that
the minor taken into custody is a delinquent minor may the
minor be kept or detained in a facility authorized for
juvenile detention. This Section shall in no way be
construed to limit subsection (4).
(4) Minors 12 years of age or older must be kept
separate from confined adults and may not at any time be kept
in the same cell, room or yard with confined adults. This
paragraph (4):
(a) shall only apply to confinement pending an
adjudicatory hearing and shall not exceed 40 hours,
excluding Saturdays, Sundays, and court designated
holidays. To accept or hold minors during this time
period, county jails shall comply with all monitoring
standards for juvenile detention homes promulgated by the
Department of Corrections and training standards approved
by the Illinois Law Enforcement Training Standards Board.
(b) To accept or hold minors, 12 years of age or
older, after the time period prescribed in clause (a) of
subsection (4) of this Section but not exceeding 7 days
including Saturdays, Sundays, and holidays, pending an
adjudicatory hearing, county jails shall comply with all
temporary detention standards promulgated by the
Department of Corrections and training standards approved
by the Illinois Law Enforcement Training Standards Board.
(c) To accept or hold minors 12 years of age or
older, after the time period prescribed in clause (a) and
(b), of this subsection county jails shall comply with
all programmatic and training standards for juvenile
detention homes promulgated by the Department of
Corrections.
(5) If the minor is not brought before a judicial
officer within the time period as specified in Section 5-415
the minor must immediately be released from custody.
(6) If neither the parent, guardian or legal custodian
appears within 24 hours to take custody of a minor released
from detention or shelter care, then the clerk of the court
shall set the matter for rehearing not later than 7 days
after the original order and shall issue a summons directed
to the parent, guardian or legal custodian to appear. At the
same time the probation department shall prepare a report on
the minor. If a parent, guardian or legal custodian does not
appear at such rehearing, the judge may enter an order
prescribing that the minor be kept in a suitable place
designated by the Department of Human Services or a licensed
child welfare agency. The time during which a minor is in
custody after being released upon the request of a parent,
guardian or legal custodian shall be considered as time spent
in detention for purposes of scheduling the trial.
(7) Any party, including the State, the temporary
custodian, an agency providing services to the minor or
family under a service plan pursuant to Section 8.2 of the
Abused and Neglected Child Reporting Act, foster parent, or
any of their representatives, may file a motion to modify or
vacate a temporary custody order or vacate a detention or
shelter care order on any of the following grounds:
(a) It is no longer a matter of immediate and
urgent necessity that the minor remain in detention or
shelter care; or
(b) There is a material change in the circumstances
of the natural family from which the minor was removed;
or
(c) A person, including a parent, relative or legal
guardian, is capable of assuming temporary custody of the
minor; or
(d) Services provided by the Department of Children
and Family Services or a child welfare agency or other
service provider have been successful in eliminating the
need for temporary custody.
The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the
court modifies or vacates a temporary order but does not
vacate its finding of probable cause, the court may order
that appropriate services be continued or initiated in behalf
of the minor and his or her family.
(8) Whenever a petition has been filed under Section
5-520 the court can, at any time prior to trial or
sentencing, order that the minor be placed in detention or a
shelter care facility after the court conducts a hearing and
finds that the conduct and behavior of the minor may endanger
the health, person, welfare, or property of himself or others
or that the circumstances of his or her home environment may
endanger his or her health, person, welfare or property.
(705 ILCS 405/5-505 new)
Sec. 5-505. Pre-trial conditions order.
(1) If a minor is charged with the commission of a
delinquent act, at any appearance of the minor before the
court prior to trial, the court may conduct a hearing to
determine whether the minor should be required to do any of
the following:
(a) not violate any criminal statute of any
jurisdiction;
(b) make a report to and appear in person before
any person or agency as directed by the court;
(c) refrain from possessing a firearm or other
dangerous weapon, or an automobile;
(d) reside with his or her parents or in a foster
home;
(e) attend school;
(f) attend a non-residential program for youth;
(g) comply with curfew requirements as designated
by the court;
(h) refrain from entering into a designated
geographic area except upon terms as the court finds
appropriate. The terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the minor, advance approval by the court,
and any other terms the court may deem appropriate;
(i) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(j) comply with any other conditions as may be
ordered by the court.
No hearing may be held unless the minor is represented by
counsel. If the court determines that there is probable
cause to believe the minor is a delinquent minor and that it
is in the best interests of the minor that the court impose
any or all of the conditions listed in paragraphs (a) through
(j) of this subsection (1), then the court shall order the
minor to abide by all of the conditions ordered by the court.
(2) If the court issues a pre-trial conditions order as
provided in subsection (1), the court shall inform the minor
and provide a copy of the pre-trial conditions order
effective under this Section.
(3) The provisions of the pre-trial conditions order
issued under this Section may be continued through the
sentencing hearing if the court deems the action reasonable
and necessary. Nothing in this Section shall preclude the
minor from applying to the court at any time for modification
or dismissal of the order or the State's Attorney from
applying to the court at any time for additional provisions
under the pre-trial conditions order, modification of the
order, or dismissal of the order.
(705 ILCS 405/5-510 new)
Sec. 5-510. Restraining order against juvenile.
(1) If a minor is charged with the commission of a
delinquent act, the court may conduct a hearing to determine
whether an order shall be issued against the minor
restraining the minor from harassing, molesting,
intimidating, retaliating against, or tampering with a
witness to or a victim of the delinquent act charged. No
hearing may be held unless the minor is represented by
counsel. If the court determines that there is probable
cause to believe that the minor is a delinquent minor and
that it is a matter of immediate and urgent necessity for the
protection of a witness to or a victim of the delinquent act
charged against the minor, the court may issue a restraining
order against the minor restraining the minor from harassing,
molesting, intimidating, retaliating against, or tampering
with the witness or victim. The order together with the
court's finding of fact in support of the order shall be
entered of record in the court.
(2) If the court issues a restraining order as provided
in subsection (1), the court shall inform the minor of the
restraining order effective under this Section.
(3) The provisions of the restraining order issued under
this Section may be continued by the court after the
sentencing hearing if the court deems the action reasonable
and necessary. Nothing in this Section shall preclude the
minor from applying to the court at any time for modification
or dismissal of the order or the State's Attorney from
applying to the court at any time for additional provisions
under the restraining order, modification of the order, or
dismissal of the order.
(705 ILCS 405/5-515 new)
Sec. 5-515. Medical and dental treatment and care. At
all times during temporary custody, detention or shelter
care, the court may authorize a physician, a hospital or any
other appropriate health care provider to provide medical,
dental or surgical procedures if those procedures are
necessary to safeguard the minor's life or health. If the
minor is covered under an existing medical or dental plan,
the county shall be reimbursed for the expenses incurred for
such services as if the minor were not held in temporary
custody, detention, or shelter care.
(705 ILCS 405/5-520 new)
Sec. 5-520. Petition; supplemental petitions.
(1) The State's Attorney may file, or the court on its
own motion may direct the filing through the State's Attorney
of, a petition in respect to a minor under this Act. The
petition and all subsequent court documents shall be entitled
"In the interest of ...., a minor".
(2) The petition shall be verified but the statements
may be made upon information and belief. It shall allege
that the minor is delinquent and set forth (a) facts
sufficient to bring the minor under Section 5-120; (b) the
name, age and residence of the minor; (c) the names and
residences of his parents; (d) the name and residence of his
or her guardian or legal custodian or the person or persons
having custody or control of the minor, or of the nearest
known relative if no parent, guardian or legal custodian can
be found; and (e) if the minor upon whose behalf the
petition is brought is detained or sheltered in custody, the
date on which detention or shelter care was ordered by the
court or the date set for a detention or shelter care
hearing. If any of the facts required by this subsection (2)
are not known by the petitioner, the petition shall so state.
(3) The petition must pray that the minor be adjudged a
ward of the court and may pray generally for relief available
under this Act. The petition need not specify any proposed
disposition following adjudication of wardship.
(4) At any time before dismissal of the petition or
before final closing and discharge under Section 5-750, one
or more supplemental petitions may be filed (i) alleging new
offenses or (ii) alleging violations of orders entered by the
court in the delinquency proceeding.
(705 ILCS 405/5-525 new)
Sec. 5-525. Service.
(1) Service by summons.
(a) Upon the commencement of a delinquency
prosecution, the clerk of the court shall issue a summons
with a copy of the petition attached. The summons shall
be directed to the minor's parent, guardian or legal
custodian and to each person named as a respondent in the
petition, except that summons need not be directed (i) to
a minor respondent under 8 years of age for whom the
court appoints a guardian ad litem if the guardian ad
litem appears on behalf of the minor in any proceeding
under this Act, or (ii) to a parent who does not reside
with the minor, does not make regular child support
payments to the minor, to the minor's other parent, or to
the minor's legal guardian or custodian pursuant to a
support order, and has not communicated with the minor on
a regular basis.
(b) The summons must contain a statement that the
minor is entitled to have an attorney present at the
hearing on the petition, and that the clerk of the court
should be notified promptly if the minor desires to be
represented by an attorney but is financially unable to
employ counsel.
(c) The summons shall be issued under the seal of
the court, attested in and signed with the name of the
clerk of the court, dated on the day it is issued, and
shall require each respondent to appear and answer the
petition on the date set for the adjudicatory hearing.
(d) The summons may be served by any law
enforcement officer, coroner or probation officer, even
though the officer is the petitioner. The return of the
summons with endorsement of service by the officer is
sufficient proof of service.
(e) Service of a summons and petition shall be made
by: (i) leaving a copy of the summons and petition with
the person summoned at least 3 days before the time
stated in the summons for appearance; (ii) leaving a
copy at his or her usual place of abode with some person
of the family, of the age of 10 years or upwards, and
informing that person of the contents of the summons and
petition, provided, the officer or other person making
service shall also send a copy of the summons in a sealed
envelope with postage fully prepaid, addressed to the
person summoned at his or her usual place of abode, at
least 3 days before the time stated in the summons for
appearance; or (iii) leaving a copy of the summons and
petition with the guardian or custodian of a minor, at
least 3 days before the time stated in the summons for
appearance. If the guardian or legal custodian is an
agency of the State of Illinois, proper service may be
made by leaving a copy of the summons and petition with
any administrative employee of the agency designated by
the agency to accept the service of summons and
petitions. The certificate of the officer or affidavit
of the person that he or she has sent the copy pursuant
to this Section is sufficient proof of service.
(f) When a parent or other person, who has signed a
written promise to appear and bring the minor to court or
who has waived or acknowledged service, fails to appear
with the minor on the date set by the court, a bench
warrant may be issued for the parent or other person, the
minor, or both.
(2) Service by certified mail or publication.
(a) If service on individuals as provided in
subsection (1) is not made on any respondent within a
reasonable time or if it appears that any respondent
resides outside the State, service may be made by
certified mail. In that case the clerk shall mail the
summons and a copy of the petition to that respondent by
certified mail marked for delivery to addressee only.
The court shall not proceed with the adjudicatory hearing
until 5 days after the mailing. The regular return
receipt for certified mail is sufficient proof of
service.
(b) If service upon individuals as provided in
subsection (1) is not made on any respondents within a
reasonable time or if any person is made a respondent
under the designation of "All Whom It May Concern", or if
service cannot be made because the whereabouts of a
respondent are unknown, service may be made by
publication. The clerk of the court as soon as possible
shall cause publication to be made once in a newspaper of
general circulation in the county where the action is
pending. Service by publication is not required in any
case when the person alleged to have legal custody of the
minor has been served with summons personally or by
certified mail, but the court may not enter any order or
judgment against any person who cannot be served with
process other than by publication unless service by
publication is given or unless that person appears.
Failure to provide service by publication to a
non-custodial parent whose whereabouts are unknown shall
not deprive the court of jurisdiction to proceed with a
trial or a plea of delinquency by the minor. When a
minor has been detained or sheltered under Section 5-501
of this Act and summons has not been served personally or
by certified mail within 20 days from the date of the
order of court directing such detention or shelter care,
the clerk of the court shall cause publication. Service
by publication shall be substantially as follows:
"A, B, C, D, (here giving the names of the
named respondents, if any) and to All Whom It May
Concern (if there is any respondent under that
designation):
Take notice that on the.... day of...., 19..
a petition was filed under the Juvenile Court Act of
1987 by.... in the circuit court of.... county
entitled 'In the interest of...., a minor', and that
in.... courtroom at.... on the.... day of.... at
the hour of...., or as soon thereafter as this cause
may be heard, an adjudicatory hearing will be held
upon the petition to have the child declared to be a
ward of the court under that Act. The court has
authority in this proceeding to take from you the
custody and guardianship of the minor.
Now, unless you appear at the hearing and show
cause against the petition, the allegations of the
petition may stand admitted as against you and each
of you, and an order or judgment entered.
........................................
Clerk
Dated (the date of publication)"
(c) The clerk shall also at the time of the
publication of the notice send a copy of the notice by
mail to each of the respondents on account of whom
publication is made at his or her last known address.
The certificate of the clerk that he or she has mailed
the notice is evidence of that mailing. No other
publication notice is required. Every respondent
notified by publication under this Section must appear
and answer in open court at the hearing. The court may
not proceed with the adjudicatory hearing until 10 days
after service by publication on any custodial parent,
guardian or legal custodian of a minor alleged to be
delinquent.
(d) If it becomes necessary to change the date set
for the hearing in order to comply with this Section,
notice of the resetting of the date must be given, by
certified mail or other reasonable means, to each
respondent who has been served with summons personally or
by certified mail.
(3) Once jurisdiction has been established over a
party, further service is not required and notice of any
subsequent proceedings in that prosecution shall be made
in accordance with provisions of Section 5-530.
(4) The appearance of the minor's parent, guardian
or legal custodian, or a person named as a respondent in
a petition, in any proceeding under this Act shall
constitute a waiver of service and submission to the
jurisdiction of the court. A copy of the petition shall
be provided to the person at the time of his or her
appearance.
(705 ILCS 405/5-530 new)
Sec. 5-530. Notice.
(1) A party presenting a supplemental or amended
petition or motion to the court shall provide the other
parties with a copy of any supplemental or amended petition,
motion or accompanying affidavit not yet served upon that
party, and shall file proof of that service, in accordance
with subsections (2), (3), and (4) of this Section. Written
notice of the date, time and place of the hearing, shall be
provided to all parties in accordance with local court rules.
(2) (a) On whom made. If a party is represented by an
attorney of record, service shall be made upon the attorney.
Otherwise service shall be made upon the party.
(b) Method. Papers shall be served as follows:
(1) by delivering them to the attorney or
party personally;
(2) by leaving them in the office of the
attorney with his or her clerk, or with a person in
charge of the office; or if a party is not
represented by counsel, by leaving them at his or
her residence with a family member of the age of 10
years or upwards;
(3) by depositing them in the United States
post office or post-office box enclosed in an
envelope, plainly addressed to the attorney at his
or her business address, or to the party at his or
her business address or residence, with postage
fully pre-paid; or
(4) by transmitting them via facsimile machine
to the office of the attorney or party, who has
consented to receiving service by facsimile
transmission. Briefs filed in reviewing courts shall
be served in accordance with Supreme Court Rule.
(i) A party or attorney electing to serve
pleading by facsimile must include on the
certificate of service transmitted the
telephone number of the sender's facsimile
transmitting device. Use of service by
facsimile shall be deemed consent by that party
or attorney to receive service by facsimile
transmission. Any party may rescind consent of
service by facsimile transmission in a case by
filing with the court and serving a notice on
all parties or their attorneys who have filed
appearances that facsimile service will not be
accepted. A party or attorney who has rescinded
consent to service by facsimile transmission in
a case may not serve another party or attorney
by facsimile transmission in that case.
(ii) Each page of notices and documents
transmitted by facsimile pursuant to this rule
should bear the circuit court number, the title
of the document, and the page number.
(c) Multiple parties or attorneys. In cases in
which there are 2 or more minor-respondents who appear by
different attorneys, service on all papers shall be made
on the attorney for each of the parties. If one attorney
appears for several parties, he or she is entitled to
only one copy of any paper served upon him or her by the
opposite side. When more than one attorney appears for a
party, service of a copy upon one of them is sufficient.
(3)(a) Filing. When service of a paper is required,
proof of service shall be filed with the clerk.
(b) Manner of Proof. Service is proved:
(i) by written acknowledgement signed by the
person served;
(ii) in case of service by personal delivery,
by certificate of the attorney, or affidavit of a
person, other that an attorney, who made delivery;
(iii) in case of service by mail, by
certificate of the attorney, or affidavit of a
person other than the attorney, who deposited the
paper in the mail, stating the time and place of
mailing, the complete address which appeared on the
envelope, and the fact that proper postage was
pre-paid; or
(iv) in case of service by facsimile
transmission, by certificate of the attorney or
affidavit of a person other than the attorney, who
transmitted the paper via facsimile machine, stating
the time and place of transmission, the telephone
number to which the transmission was sent and the
number of pages transmitted.
(c) Effective date of service by mail. Service by
mail is complete 4 days after mailing.
(d) Effective date of service by facsimile
transmission. Service by facsimile machine is complete on
the first court day following transmission.
(705 ILCS 405/Art. V, Part 6 heading new)
PART 6. TRIAL
(705 ILCS 405/5-601 new)
Sec. 5-601. Trial.
(1) When a petition has been filed alleging that the
minor is a delinquent, a trial must be held within 120 days
of a written demand for such hearing made by any party,
except that when the State, without success, has exercised
due diligence to obtain evidence material to the case and
there are reasonable grounds to believe that the evidence may
be obtained at a later date, the court may, upon motion by
the State, continue the trial for not more than 30 additional
days.
(2) If a minor respondent has multiple delinquency
petitions pending against him or her in the same county and
simultaneously demands a trial upon more than one delinquency
petition pending against him or her in the same county, he or
she shall receive a trial or have a finding, after waiver of
trial, upon at least one such petition before expiration
relative to any of the pending petitions of the period
described by this Section. All remaining petitions thus
pending against the minor respondent shall be adjudicated
within 160 days from the date on which a finding relative to
the first petition prosecuted is rendered under Section 5-620
of this Article, or, if the trial upon the first petition is
terminated without a finding and there is no subsequent
trial, or adjudication after waiver of trial, on the first
petition within a reasonable time, the minor shall receive a
trial upon all of the remaining petitions within 160 days
from the date on which the trial, or finding after waiver of
trial, on the first petition is concluded. If either such
period of 160 days expires without the commencement of trial,
or adjudication after waiver of trial, of any of the
remaining pending petitions, the petition or petitions shall
be dismissed and barred for want of prosecution unless the
delay is occasioned by any of the reasons described in this
Section.
(3) When no such trial is held within the time required
by subsections (1) and (2) of this Section, the court shall,
upon motion by any party, dismiss the petition with
prejudice.
(4) Without affecting the applicability of the tolling
and multiple prosecution provisions of subsections (8) and
(2) of this Section when a petition has been filed alleging
that the minor is a delinquent and the minor is in detention
or shelter care, the trial shall be held within 30 calendar
days after the date of the order directing detention or
shelter care, or the earliest possible date in compliance
with the provisions of Section 5-525 as to the custodial
parent, guardian or legal custodian, but no later than 45
calendar days from the date of the order of the court
directing detention or shelter care. When the petition
alleges the minor has committed an offense involving a
controlled substance as defined in the Illinois Controlled
Substances Act, the court may, upon motion of the State,
continue the trial for receipt of a confirmatory laboratory
report for up to 45 days after the date of the order
directing detention or shelter care. When the petition
alleges the minor committed an offense that involves the
death of, great bodily harm to or sexual assault or
aggravated criminal sexual abuse on a victim, the court may,
upon motion of the State, continue the trial for not more
than 70 calendar days after the date of the order directing
detention or shelter care.
Any failure to comply with the time limits of this
Section shall require the immediate release of the minor from
detention, and the time limits set forth in subsections (1)
and (2) shall apply.
(5) If the court determines that the State, without
success, has exercised due diligence to obtain the results of
DNA testing that is material to the case, and that there are
reasonable grounds to believe that the results may be
obtained at a later date, the court may continue the cause on
application of the State for not more than 120 additional
days. The court may also extend the period of detention of
the minor for not more than 120 additional days.
(6) If the State's Attorney makes a written request that
a proceeding be designated an extended juvenile jurisdiction
prosecution, and the minor is in detention, the period the
minor can be held in detention pursuant to subsection (4),
shall be extended an additional 30 days after the court
determines whether the proceeding will be designated an
extended juvenile jurisdiction prosecution or the State's
Attorney withdraws the request for extended juvenile
jurisdiction prosecution.
(7) When the State's Attorney files a motion for waiver
of jurisdiction pursuant to Section 5-805, and the minor is
in detention, the period the minor can be held in detention
pursuant to subsection (4), shall be extended an additional
30 days if the court denies motion for waiver of jurisdiction
or the State's Attorney withdraws the motion for waiver of
jurisdiction.
(8) The period in which a trial shall be held as
prescribed by subsections (1), (2), (3), (4), (5), (6), or
(7) of this Section is tolled by: (i) delay occasioned by the
minor; (ii) a continuance allowed pursuant to Section 114-4
of the Code of Criminal Procedure of 1963 after the court's
determination of the minor's incapacity for trial; (iii) an
interlocutory appeal; (iv) an examination of fitness ordered
pursuant to Section 104-13 of the Code of Criminal Procedure
of 1963; (v) a fitness hearing; or (vi) an adjudication of
unfitness for trial. Any such delay shall temporarily
suspend, for the time of the delay, the period within which a
trial must be held as prescribed by subsections (1), (2),
(4), (5), and (6) of this Section. On the day of expiration
of the delays the period shall continue at the point at which
the time was suspended.
(9) Nothing in this Section prevents the minor or the
minor's parents, guardian or legal custodian from exercising
their respective rights to waive the time limits set forth in
this Section.
(705 ILCS 405/5-605 new)
Sec. 5-605. Trials, pleas, guilty but mentally ill and
not guilty by reason of insanity.
(1) Method of trial. All delinquency proceedings shall
be heard by the court except those proceedings under this Act
where the right to trial by jury is specifically set forth.
At any time a minor may waive his or her right to trial by
jury.
(2) Pleas of guilty and guilty but mentally ill.
(a) Before or during trial, a plea of guilty may be
accepted when the court has informed the minor of the
consequences of his or her plea and of the maximum
penalty provided by law which may be imposed upon
acceptance of the plea. Upon acceptance of a plea of
guilty, the court shall determine the factual basis of a
plea.
(b) Before or during trial, a plea of guilty but
mentally ill may be accepted by the court when:
(i) the minor has undergone an examination by
a clinical psychologist or psychiatrist and has
waived his or her right to trial; and
(ii) the judge has examined the psychiatric or
psychological report or reports; and
(iii) the judge has held a hearing, at which
either party may present evidence, on the issue of
the minor's mental health and, at the conclusion of
the hearing, is satisfied that there is a factual
basis that the minor was mentally ill at the time of
the offense to which the plea is entered.
(3) Trial by the court.
(a) A trial shall be conducted in the presence of
the minor unless he or she waives the right to be
present. At the trial, the court shall consider the
question whether the minor is delinquent. The standard
of proof and the rules of evidence in the nature of
criminal proceedings in this State are applicable to that
consideration.
(b) Upon conclusion of the trial the court shall
enter a general finding, except that, when the
affirmative defense of insanity has been presented during
the trial and acquittal is based solely upon the defense
of insanity, the court shall enter a finding of not
guilty by reason of insanity. In the event of a finding
of not guilty by reason of insanity, a hearing shall be
held pursuant to the Mental Health and Developmental
Disabilities Code to determine whether the minor is
subject to involuntary admission.
(c) When the minor has asserted a defense of
insanity, the court may find the minor guilty but
mentally ill if, after hearing all of the evidence, the
court finds that:
(i) the State has proven beyond a reasonable
doubt that the minor is guilty of the offense
charged; and
(ii) the minor has failed to prove his or her
insanity as required in subsection (b) of Section
3-2 of the Criminal Code of 1961, and subsections
(a), (b) and (e) of Section 6-2 of the Criminal Code
of 1961; and
(iii) the minor has proven by a preponderance
of the evidence that he was mentally ill, as defined
in subsections (c) and (d) of Section 6-2 of the
Criminal Code of 1961 at the time of the offense.
(4) Trial by court and jury.
(a) Questions of law shall be decided by the court
and questions of fact by the jury.
(b) The jury shall consist of 12 members.
(c) Upon request the parties shall be furnished
with a list of prospective jurors with their addresses if
known.
(d) Each party may challenge jurors for cause. If
a prospective juror has a physical impairment, the court
shall consider the prospective juror's ability to
perceive and appreciate the evidence when considering a
challenge for cause.
(e) A minor tried alone shall be allowed 7
peremptory challenges; except that, in a single trial of
more than one minor, each minor shall be allowed 5
peremptory challenges. If several charges against a
minor or minors are consolidated for trial, each minor
shall be allowed peremptory challenges upon one charge
only, which single charge shall be the charge against
that minor authorizing the greatest maximum penalty. The
State shall be allowed the same number of peremptory
challenges as all of the minors.
(f) After examination by the court, the jurors may
be examined, passed upon, accepted and tendered by
opposing counsel as provided by Supreme Court Rules.
(g) After the jury is impaneled and sworn, the
court may direct the selection of 2 alternate jurors who
shall take the same oath as the regular jurors. Each
party shall have one additional peremptory challenge for
each alternate juror. If before the final submission of
a cause a member of the jury dies or is discharged, he or
she shall be replaced by an alternate juror in the order
of selection.
(h) A trial by the court and jury shall be
conducted in the presence of the minor unless he or she
waives the right to be present.
(i) After arguments of counsel the court shall
instruct the jury as to the law.
(j) Unless the affirmative defense of insanity has
been presented during the trial, the jury shall return a
general verdict as to each offense charged. When the
affirmative defense of insanity has been presented during
the trial, the court shall provide the jury not only with
general verdict forms but also with a special verdict
form of not guilty by reason of insanity, as to each
offense charged, and in the event the court shall
separately instruct the jury that a special verdict of
not guilty by reason of insanity may be returned instead
of a general verdict but the special verdict requires a
unanimous finding by the jury that the minor committed
the acts charged but at the time of the commission of
those acts the minor was insane. In the event of a
verdict of not guilty by reason of insanity, a hearing
shall be held pursuant to the Mental Health and
Developmental Disabilities Code to determine whether the
minor is subject to involuntary admission. When the
affirmative defense of insanity has been presented during
the trial, the court, where warranted by the evidence,
shall also provide the jury with a special verdict form
of guilty but mentally ill, as to each offense charged
and shall separately instruct the jury that a special
verdict of guilty but mentally ill may be returned
instead of a general verdict, but that the special
verdict requires a unanimous finding by the jury that:
(i) the State has proven beyond a reasonable doubt that
the minor is guilty of the offense charged; and (ii) the
minor has failed to prove his or her insanity as required
in subsection (b) of Section 3-2 of the Criminal Code of
1961 and subsections (a), (b) and (e) of Section 6-2 of
the Criminal Code of 1961; and (iii) the minor has proven
by a preponderance of the evidence that he or she was
mentally ill, as defined in subsections (c) and (d) of
Section 6-2 of the Criminal Code of 1961 at the time of
the offense.
(k) When, at the close of the State's evidence or
at the close of all of the evidence, the evidence is
insufficient to support a finding or verdict of guilty
the court may and on motion of the minor shall make a
finding or direct the jury to return a verdict of not
guilty, enter a judgment of acquittal and discharge the
minor.
(l) When the jury retires to consider its verdict,
an officer of the court shall be appointed to keep them
together and to prevent conversation between the jurors
and others; however, if any juror is deaf, the jury may
be accompanied by and may communicate with a
court-appointed interpreter during its deliberations.
Upon agreement between the State and minor or his or her
counsel, and the parties waive polling of the jury, the
jury may seal and deliver its verdict to the clerk of the
court, separate, and then return the verdict in open
court at its next session.
(m) In a trial, any juror who is a member of a
panel or jury which has been impaneled and sworn as a
panel or as a jury shall be permitted to separate from
other jurors during every period of adjournment to a
later day, until final submission of the cause to the
jury for determination, except that no such separation
shall be permitted in any trial after the court, upon
motion by the minor or the State or upon its own motion,
finds a probability that prejudice to the minor or to the
State will result from the separation.
(n) The members of the jury shall be entitled to
take notes during the trial, and the sheriff of the
county in which the jury is sitting shall provide them
with writing materials for this purpose. The notes shall
remain confidential, and shall be destroyed by the
sheriff after the verdict has been returned or a mistrial
declared.
(o) A minor tried by the court and jury shall only
be found guilty, guilty but mentally ill, not guilty or
not guilty by reason of insanity, upon the unanimous
verdict of the jury.
(705 ILCS 405/5-610 new)
Sec. 5-610. Guardian ad litem and appointment of
attorney.
(1) The court may appoint a guardian ad litem for the
minor whenever it finds that there may be a conflict of
interest between the minor and his or her parent, guardian or
legal custodian or that it is otherwise in the minor's
interest to do so.
(2) Unless the guardian ad litem is an attorney, he or
she shall be represented by counsel.
(3) The reasonable fees of a guardian ad litem appointed
under this Section shall be fixed by the court and charged to
the parents of the minor, to the extent they are able to pay.
If the parents are unable to pay those fees, they shall be
paid from the general fund of the county.
(4) If, during the court proceedings, the parents,
guardian, or legal custodian prove that he or she has an
actual conflict of interest with the minor in that
delinquency proceeding and that the parents, guardian, or
legal custodian are indigent, the court shall appoint a
separate attorney for that parent, guardian, or legal
custodian.
(705 ILCS 405/5-615 new)
Sec. 5-615. Continuance under supervision.
(1) The court may enter an order of continuance under
supervision for an offense other than first degree murder, a
Class X felony or a forcible felony (a) upon an admission or
stipulation by the appropriate respondent or minor respondent
of the facts supporting the petition and before proceeding to
adjudication, or after hearing the evidence at the trial, and
(b) in the absence of objection made in open court by the
minor, his or her parent, guardian, or legal custodian, the
minor's attorney or the State's Attorney.
(2) If the minor, his or her parent, guardian, or legal
custodian, the minor's attorney or State's Attorney objects
in open court to any continuance and insists upon proceeding
to findings and adjudication, the court shall so proceed.
(3) Nothing in this Section limits the power of the
court to order a continuance of the hearing for the
production of additional evidence or for any other proper
reason.
(4) When a hearing where a minor is alleged to be a
delinquent is continued pursuant to this Section, the period
of continuance under supervision may not exceed 24 months.
The court may terminate a continuance under supervision at
any time if warranted by the conduct of the minor and the
ends of justice.
(5) When a hearing where a minor is alleged to be
delinquent is continued pursuant to this Section, the court
may, as conditions of the continuance under supervision,
require the minor to do any of the following:
(a) not violate any criminal statute of any
jurisdiction;
(b) make a report to and appear in person before
any person or agency as directed by the court;
(c) work or pursue a course of study or vocational
training;
(d) undergo medical or psychotherapeutic treatment
rendered by a therapist licensed under the provisions of
the Medical Practice Act of 1987, the Clinical
Psychologist Licensing Act, or the Clinical Social Work
and Social Work Practice Act, or an entity licensed by
the Department of Human Services as a successor to the
Department of Alcoholism and Substance Abuse, for the
provision of drug addiction and alcoholism treatment;
(e) attend or reside in a facility established for
the instruction or residence of persons on probation;
(f) support his or her dependents, if any;
(g) pay costs;
(h) refrain from possessing a firearm or other
dangerous weapon, or an automobile;
(i) permit the probation officer to visit him or
her at his or her home or elsewhere;
(j) reside with his or her parents or in a foster
home;
(k) attend school;
(l) attend a non-residential program for youth;
(m) contribute to his or her own support at home or
in a foster home;
(n) perform some reasonable public or community
service;
(o) make restitution to the victim, in the same
manner and under the same conditions as provided in
subsection (4) of Section 5-710, except that the
"sentencing hearing" referred to in that Section shall be
the adjudicatory hearing for purposes of this Section;
(p) comply with curfew requirements as designated
by the court;
(q) refrain from entering into a designated
geographic area except upon terms as the court finds
appropriate. The terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the minor, and advance approval by a
probation officer;
(r) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(s) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug; or
(t) comply with any other conditions as may be
ordered by the court.
(6) A minor whose case is continued under supervision
under subsection (5) shall be given a certificate setting
forth the conditions imposed by the court. Those conditions
may be reduced, enlarged, or modified by the court on motion
of the probation officer or on its own motion, or that of the
State's Attorney, or, at the request of the minor after
notice and hearing.
(7) If a petition is filed charging a violation of a
condition of the continuance under supervision, the court
shall conduct a hearing. If the court finds that a condition
of supervision has not been fulfilled, the court may proceed
to findings and adjudication and disposition. The filing of
a petition for violation of a condition of the continuance
under supervision shall toll the period of continuance under
supervision until the final determination of the charge, and
the term of the continuance under supervision shall not run
until the hearing and disposition of the petition for
violation; provided where the petition alleges conduct that
does not constitute a criminal offense, the hearing must be
held within 30 days of the filing of the petition unless a
delay shall continue the tolling of the period of continuance
under supervision for the period of the delay.
(8) When a hearing in which a minor is alleged to be a
delinquent for reasons that include a violation of Section
21-1.3 of the Criminal Code of 1961 is continued under this
Section, the court shall, as a condition of the continuance
under supervision, require the minor to perform community
service for not less than 30 and not more than 120 hours, if
community service is available in the jurisdiction. The
community service shall include, but need not be limited to,
the cleanup and repair of the damage that was caused by the
alleged violation or similar damage to property located in
the municipality or county in which the alleged violation
occurred. The condition may be in addition to any other
condition.
(9) When a hearing in which a minor is alleged to be a
delinquent is continued under this Section, the court, before
continuing the case, shall make a finding whether the offense
alleged to have been committed either: (i) was related to or
in furtherance of the activities of an organized gang or was
motivated by the minor's membership in or allegiance to an
organized gang, or (ii) is a violation of paragraph (13) of
subsection (a) of Section 12-2 of the Criminal Code of 1961,
a violation of any Section of Article 24 of the Criminal Code
of 1961, or a violation of any statute that involved the
unlawful use of a firearm. If the court determines the
question in the affirmative the court shall, as a condition
of the continuance under supervision and as part of or in
addition to any other condition of the supervision, require
the minor to perform community service for not less than 30
hours nor more than 120 hours, provided that community
service is available in the jurisdiction and is funded and
approved by the county board of the county where the offense
was committed. The community service shall include, but need
not be limited to, the cleanup and repair of any damage
caused by an alleged violation of Section 21-1.3 of the
Criminal Code of 1961 and similar damage to property located
in the municipality or county in which the alleged violation
occurred. When possible and reasonable, the community
service shall be performed in the minor's neighborhood. For
the purposes of this Section, "organized gang" has the
meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(10) The court shall impose upon a minor placed on
supervision, as a condition of the supervision, a fee of $25
for each month of supervision ordered by the court, unless
after determining the inability of the minor placed on
supervision to pay the fee, the court assesses a lesser
amount. The court may not impose the fee on a minor who is
made a ward of the State under this Act while the minor is in
placement. The fee shall be imposed only upon a minor who is
actively supervised by the probation and court services
department. A court may order the parent, guardian, or legal
custodian of the minor to pay some or all of the fee on the
minor's behalf.
(705 ILCS 405/5-620 new)
Sec. 5-620. Findings.
After hearing the evidence, the court shall make and note
in the minutes of the proceeding a finding of whether or not
the minor is guilty. If it finds that the minor is not
guilty, the court shall order the petition dismissed and the
minor discharged from any detention or restriction previously
ordered in such proceeding. If the court finds that the
minor is guilty, the court shall then set a time for a
sentencing hearing to be conducted under Section 5-705 at
which hearing the court shall determine whether it is in the
best interests of the minor and the public that he or she be
made a ward of the court. To assist the court in making this
and other determinations at the sentencing hearing, the court
may order that an investigation be conducted and a social
investigation report be prepared.
(705 ILCS 405/5-625 new)
Sec. 5-625. Absence of minor.
(1) When a minor after arrest and an initial court
appearance for a felony, fails to appear for trial, at the
request of the State and after the State has affirmatively
proven through substantial evidence that the minor is
willfully avoiding trial, the court may commence trial in the
absence of the minor. The absent minor must be represented
by retained or appointed counsel. If trial had previously
commenced in the presence of the minor and the minor
willfully absents himself for 2 successive court days, the
court shall proceed to trial. All procedural rights
guaranteed by the United States Constitution, Constitution of
the State of Illinois, statutes of the State of Illinois, and
rules of court shall apply to the proceedings the same as if
the minor were present in court. The court may set the case
for a trial which may be conducted under this Section despite
the failure of the minor to appear at the hearing at which
the trial date is set. When the trial date is set the clerk
shall send to the minor, by certified mail at his or her last
known address, notice of the new date which has been set for
trial. The notification shall be required when the minor was
not personally present in open court at the time when the
case was set for trial.
(2) The absence of the minor from a trial conducted
under this Section does not operate as a bar to concluding
the trial, to a finding of guilty resulting from the trial,
or to a final disposition of the trial in favor of the minor.
(3) Upon a finding or verdict of not guilty the court
shall enter finding for the minor. Upon a finding or verdict
of guilty, the court shall set a date for the hearing of
post-trial motions and shall hear the motion in the absence
of the minor. If post-trial motions are denied, the court
shall proceed to conduct a sentencing hearing and to impose a
sentence upon the minor. A social investigation is waived if
the minor is absent.
(4) A minor who is absent for part of the proceedings of
trial, post-trial motions, or sentencing, does not thereby
forfeit his or her right to be present at all remaining
proceedings.
(5) When a minor who in his or her absence has been
either found guilty or sentenced or both found guilty and
sentenced appears before the court, he or she must be granted
a new trial or a new sentencing hearing if the minor can
establish that his or her failure to appear in court was both
without his or her fault and due to circumstances beyond his
or her control. A hearing with notice to the State's
Attorney on the minors request for a new trial or a new
sentencing hearing must be held before any such request may
be granted. At any such hearing both the minor and the State
may present evidence.
(6) If the court grants only the minor's request for a
new sentencing hearing, then a new sentencing hearing shall
be held in accordance with the provisions of this Article. At
any such hearing, both the minor and the State may offer
evidence of the minor's conduct during his or her period of
absence from the court. The court may impose any sentence
authorized by this Article and in the case of an extended
juvenile jurisdiction prosecution the Unified Code of
Corrections and is not in any way limited or restricted by
any sentence previously imposed.
(7) A minor whose motion under subsection (5) for a new
trial or new sentencing hearing has been denied may file a
notice of appeal from the denial. The notice may also include
a request for review of the finding and sentence not vacated
by the trial court.
(705 ILCS 405/Art. V, Part 7 heading new)
PART 7. PROCEEDINGS AFTER TRIAL, SENTENCING
(705 ILCS 405/5-701 new)
Sec. 5-701. Social investigation report. Upon the order
of the court, a social investigation report shall be prepared
and delivered to the parties at least 3 days prior to the
sentencing hearing. The written report of social
investigation shall include an investigation and report of
the minor's physical and mental history and condition, family
situation and background, economic status, education,
occupation, personal habits, minor's history of delinquency
or criminality or other matters which have been brought to
the attention of the juvenile court, information about
special resources known to the person preparing the report
which might be available to assist in the minor's
rehabilitation, and any other matters which may be helpful to
the court or which the court directs to be included.
(705 ILCS 405/5-705 new)
Sec. 5-705. Sentencing hearing; evidence; continuance.
(1) At the sentencing hearing, the court shall determine
whether it is in the best interests of the minor or the
public that he or she be made a ward of the court, and, if he
or she is to be made a ward of the court, the court shall
determine the proper disposition best serving the interests
of the minor and the public. All evidence helpful in
determining these questions, including oral and written
reports, may be admitted and may be relied upon to the extent
of its probative value, even though not competent for the
purposes of the trial. A record of a prior continuance under
supervision under Section 5-615, whether successfully
completed or not, is admissible at the sentencing hearing.
No order of commitment to the Department of Corrections,
Juvenile Division, shall be entered against a minor before a
written report of social investigation, which has been
completed within the previous 60 days, is presented to and
considered by the court.
(2) Once a party has been served in compliance with
Section 5-525, no further service or notice must be given to
that party prior to proceeding to a sentencing hearing.
Before imposing sentence the court shall advise the State's
Attorney and the parties who are present or their counsel of
the factual contents and the conclusions of the reports
prepared for the use of the court and considered by it, and
afford fair opportunity, if requested, to controvert them.
Factual contents, conclusions, documents and sources
disclosed by the court under this paragraph shall not be
further disclosed without the express approval of the court.
(3) On its own motion or that of the State's Attorney, a
parent, guardian, legal custodian, or counsel, the court may
adjourn the hearing for a reasonable period to receive
reports or other evidence and, in such event, shall make an
appropriate order for detention of the minor or his or her
release from detention subject to supervision by the court
during the period of the continuance. In the event the court
shall order detention hereunder, the period of the
continuance shall not exceed 30 court days. At the end of
such time, the court shall release the minor from detention
unless notice is served at least 3 days prior to the hearing
on the continued date that the State will be seeking an
extension of the period of detention, which notice shall
state the reason for the request for the extension. The
extension of detention may be for a maximum period of an
additional 15 court days or a lesser number of days at the
discretion of the court. However, at the expiration of the
period of extension, the court shall release the minor from
detention if a further continuance is granted. In scheduling
investigations and hearings, the court shall give priority to
proceedings in which a minor is in detention or has otherwise
been removed from his or her home before a sentencing order
has been made.
(4) When commitment to the Department of Corrections,
Juvenile Division, is ordered, the court shall state the
basis for selecting the particular disposition, and the court
shall prepare such a statement for inclusion in the record.
(705 ILCS 405/5-710 new)
Sec. 5-710. Kinds of sentencing orders.
(1) The following kinds of sentencing orders may be made
in respect of wards of the court:
(a) Except as provided in Sections 5-805, 5-810,
5-815, a minor who is found guilty under Section 5-620
may be:
(i) put on probation or conditional discharge
and released to his or her parents, guardian or
legal custodian, provided, however, that any such
minor who is not committed to the Department of
Corrections, Juvenile Division under this subsection
and who is found to be a delinquent for an offense
which is first degree murder, a Class X felony, or a
forcible felony shall be placed on probation;
(ii) placed in accordance with Section 5-740,
with or without also being put on probation or
conditional discharge;
(iii) required to undergo a substance abuse
assessment conducted by a licensed provider and
participate in the indicated clinical level of care;
(iv) placed in the guardianship of the
Department of Children and Family Services, but only
if the delinquent minor is under 13 years of age;
(v) placed in detention for a period not to
exceed 30 days, either as the exclusive order of
disposition or, where appropriate, in conjunction
with any other order of disposition issued under
this paragraph, provided that any such detention
shall be in a juvenile detention home and the minor
so detained shall be 10 years of age or older.
However, the 30-day limitation may be extended by
further order of the court for a minor under age 13
committed to the Department of Children and Family
Services if the court finds that the minor is a
danger to himself or others. The minor shall be
given credit on the sentencing order of detention
for time spent in detention under Sections 5-501,
5-601, 5-710, or 5-720 of this Article as a result
of the offense for which the sentencing order was
imposed. The court may grant credit on a sentencing
order of detention entered under a violation of
probation or violation of conditional discharge
under Section 5-720 of this Article for time spent
in detention before the filing of the petition
alleging the violation. A minor shall not be
deprived of credit for time spent in detention
before the filing of a violation of probation or
conditional discharge alleging the same or related
act or acts;
(vi) ordered partially or completely
emancipated in accordance with the provisions of the
Emancipation of Mature Minors Act;
(vii) subject to having his or her driver's
license or driving privileges suspended for such
time as determined by the court but only until he or
she attains 18 years of age; or
(viii) put on probation or conditional
discharge and placed in detention under Section
3-6039 of the Counties Code for a period not to
exceed the period of incarceration permitted by law
for adults found guilty of the same offense or
offenses for which the minor was adjudicated
delinquent, and in any event no longer than upon
attainment of age 21; this subdivision (viii)
notwithstanding any contrary provision of the law.
(b) A minor found to be guilty may be committed to
the Department of Corrections, Juvenile Division, under
Section 5-750 if the minor is 13 years of age or older,
provided that the commitment to the Department of
Corrections, Juvenile Division, shall be made only if a
term of incarceration is permitted by law for adults
found guilty of the offense for which the minor was
adjudicated delinquent. The time during which a minor is
in custody before being released upon the request of a
parent, guardian or legal custodian shall be considered
as time spent in detention.
(c) When a minor is found to be guilty for an
offense which is a violation of the Illinois Controlled
Substances Act or the Cannabis Control Act and made a
ward of the court, the court may enter a disposition
order requiring the minor to undergo assessment,
counseling or treatment in a substance abuse program
approved by the Department of Human Services.
(2) Any sentencing order other than commitment to the
Department of Corrections, Juvenile Division, may provide for
protective supervision under Section 5-725 and may include an
order of protection under Section 5-730.
(3) Unless the sentencing order expressly so provides,
it does not operate to close proceedings on the pending
petition, but is subject to modification until final closing
and discharge of the proceedings under Section 5-750.
(4) In addition to any other sentence, the court may
order any minor found to be delinquent to make restitution,
in monetary or non-monetary form, under the terms and
conditions of Section 5-5-6 of the Unified Code of
Corrections, except that the "presentencing hearing" referred
to in that Section shall be the sentencing hearing for
purposes of this Section. The parent, guardian or legal
custodian of the minor may be ordered by the court to pay
some or all of the restitution on the minor's behalf,
pursuant to the Parental Responsibility Law. The State's
Attorney is authorized to act on behalf of any victim in
seeking restitution in proceedings under this Section, up to
the maximum amount allowed in Section 5 of the Parental
Responsibility Law.
(5) Any sentencing order where the minor is committed or
placed in accordance with Section 5-740 shall provide for the
parents or guardian of the estate of the minor to pay to the
legal custodian or guardian of the person of the minor such
sums as are determined by the custodian or guardian of the
person of the minor as necessary for the minor's needs. The
payments may not exceed the maximum amounts provided for by
Section 9.1 of the Children and Family Services Act.
(6) Whenever the sentencing order requires the minor to
attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code.
(7) In no event shall a guilty minor be committed to the
Department of Corrections, Juvenile Division for a period of
time in excess of that period for which an adult could be
committed for the same act.
(8) A minor found to be guilty for reasons that include
a violation of Section 21-1.3 of the Criminal Code of 1961
shall be ordered to perform community service for not less
than 30 and not more than 120 hours, if community service is
available in the jurisdiction. The community service shall
include, but need not be limited to, the cleanup and repair
of the damage that was caused by the violation or similar
damage to property located in the municipality or county in
which the violation occurred. The order may be in addition
to any other order authorized by this Section.
(9) In addition to any other sentencing order, the court
shall order any minor found to be guilty for an act which
would constitute, predatory criminal sexual assault of a
child, aggravated criminal sexual assault, criminal sexual
assault, aggravated criminal sexual abuse, or criminal sexual
abuse if committed by an adult to undergo medical testing to
determine whether the defendant has any sexually
transmissible disease including a test for infection with
human immunodeficiency virus (HIV) or any other identified
causative agency of acquired immunodeficiency syndrome
(AIDS). Any medical test shall be performed only by
appropriately licensed medical practitioners and may include
an analysis of any bodily fluids as well as an examination of
the minor's person. Except as otherwise provided by law, the
results of the test shall be kept strictly confidential by
all medical personnel involved in the testing and must be
personally delivered in a sealed envelope to the judge of the
court in which the sentencing order was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the victim and the public, the judge shall
have the discretion to determine to whom the results of the
testing may be revealed. The court shall notify the minor of
the results of the test for infection with the human
immunodeficiency virus (HIV). The court shall also notify
the victim if requested by the victim, and if the victim is
under the age of 15 and if requested by the victim's parents
or legal guardian, the court shall notify the victim's
parents or the legal guardian, of the results of the test for
infection with the human immunodeficiency virus (HIV). The
court shall provide information on the availability of HIV
testing and counseling at the Department of Public Health
facilities to all parties to whom the results of the testing
are revealed. The court shall order that the cost of any
test shall be paid by the county and may be taxed as costs
against the minor.
(10) When a court finds a minor to be guilty the court
shall, before entering a sentencing order under this Section,
make a finding whether the offense committed either: (a) was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the minor's membership in
or allegiance to an organized gang, or (b) involved a
violation of subsection (a) of Section 12-7.1 of the Criminal
Code of 1961, a violation of any Section of Article 24 of the
Criminal Code of 1961, or a violation of any statute that
involved the wrongful use of a firearm. If the court
determines the question in the affirmative, and the court
does not commit the minor to the Department of Corrections,
Juvenile Division, the court shall order the minor to perform
community service for not less than 30 hours nor more than
120 hours, provided that community service is available in
the jurisdiction and is funded and approved by the county
board of the county where the offense was committed. The
community service shall include, but need not be limited to,
the cleanup and repair of any damage caused by a violation of
Section 21-1.3 of the Criminal Code of 1961 and similar
damage to property located in the municipality or county in
which the violation occurred. When possible and reasonable,
the community service shall be performed in the minor's
neighborhood. This order shall be in addition to any other
order authorized by this Section except for an order to place
the minor in the custody of the Department of Corrections,
Juvenile Division. For the purposes of this Section,
"organized gang" has the meaning ascribed to it in Section 10
of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(705 ILCS 405/5-715 new)
Sec. 5-715. Probation.
(1) The period of probation or conditional discharge
shall not exceed 5 years or until the minor has attained the
age of 21 years, whichever is less, except as provided in
this Section for a minor who is found to be guilty for an
offense which is first degree murder, a Class X felony or a
forcible felony. The juvenile court may terminate probation
or conditional discharge and discharge the minor at any time
if warranted by the conduct of the minor and the ends of
justice; provided, however, that the period of probation for
a minor who is found to be guilty for an offense which is
first degree murder, a Class X felony, or a forcible felony
shall be at least 5 years.
(2) The court may as a condition of probation or of
conditional discharge require that the minor:
(a) not violate any criminal statute of any
jurisdiction;
(b) make a report to and appear in person before
any person or agency as directed by the court;
(c) work or pursue a course of study or vocational
training;
(d) undergo medical or psychiatric treatment,
rendered by a psychiatrist or psychological treatment
rendered by a clinical psychologist or social work
services rendered by a clinical social worker, or
treatment for drug addiction or alcoholism;
(e) attend or reside in a facility established for
the instruction or residence of persons on probation;
(f) support his or her dependents, if any;
(g) refrain from possessing a firearm or other
dangerous weapon, or an automobile;
(h) permit the probation officer to visit him or
her at his or her home or elsewhere;
(i) reside with his or her parents or in a foster
home;
(j) attend school;
(k) attend a non-residential program for youth;
(l) make restitution under the terms of subsection
(4) of Section 5-710;
(m) contribute to his or her own support at home or
in a foster home;
(n) perform some reasonable public or community
service;
(o) participate with community corrections programs
including unified delinquency intervention services
administered by the Department of Human Services subject
to Section 5 of the Children and Family Services Act;
(p) pay costs;
(q) serve a term of home confinement. In addition
to any other applicable condition of probation or
conditional discharge, the conditions of home confinement
shall be that the minor:
(i) remain within the interior premises of the
place designated for his or her confinement during
the hours designated by the court;
(ii) admit any person or agent designated by
the court into the minor's place of confinement at
any time for purposes of verifying the minor's
compliance with the conditions of his or her
confinement; and
(iii) use an approved electronic monitoring
device if ordered by the court subject to Article 8A
of Chapter V of the Unified Code of Corrections;
(r) refrain from entering into a designated
geographic area except upon terms as the court finds
appropriate. The terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the minor, and advance approval by a
probation officer, if the minor has been placed on
probation, or advance approval by the court, if the minor
has been placed on conditional discharge;
(s) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(t) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act or the Illinois Controlled Substances Act,
unless prescribed by a physician, and shall submit
samples of his or her blood or urine or both for tests to
determine the presence of any illicit drug; or
(u) comply with other conditions as may be ordered
by the court.
(3) The court may as a condition of probation or of
conditional discharge require that a minor found guilty on
any alcohol, cannabis, or controlled substance violation,
refrain from acquiring a driver's license during the period
of probation or conditional discharge. If the minor is in
possession of a permit or license, the court may require that
the minor refrain from driving or operating any motor vehicle
during the period of probation or conditional discharge,
except as may be necessary in the course of the minor's
lawful employment.
(4) A minor on probation or conditional discharge shall
be given a certificate setting forth the conditions upon
which he or she is being released.
(5) The court shall impose upon a minor placed on
probation or conditional discharge, as a condition of the
probation or conditional discharge, a fee of $25 for each
month of probation or conditional discharge supervision
ordered by the court, unless after determining the inability
of the minor placed on probation or conditional discharge to
pay the fee, the court assesses a lesser amount. The court
may not impose the fee on a minor who is made a ward of the
State under this Act while the minor is in placement. The
fee shall be imposed only upon a minor who is actively
supervised by the probation and court services department.
The court may order the parent, guardian, or legal custodian
of the minor to pay some or all of the fee on the minor's
behalf.
(6) The General Assembly finds that in order to protect
the public, the juvenile justice system must compel
compliance with the conditions of probation by responding to
violations with swift, certain, and fair punishments and
intermediate sanctions. The Chief Judge of each circuit
shall adopt a system of structured, intermediate sanctions
for violations of the terms and conditions of a sentence of
supervision, probation or conditional discharge, under this
Act.
The court shall provide as a condition of a disposition
of probation, conditional discharge, or supervision, that the
probation agency may invoke any sanction from the list of
intermediate sanctions adopted by the chief judge of the
circuit court for violations of the terms and conditions of
the sentence of probation, conditional discharge, or
supervision, subject to the provisions of Section 5-720 of
this Act.
(705 ILCS 405/5-720 new)
Sec. 5-720. Probation revocation.
(1) If a petition is filed charging a violation of a
condition of probation or of conditional discharge, the court
shall:
(a) order the minor to appear; or
(b) order the minor's detention if the court finds
that the detention is a matter of immediate and urgent
necessity for the protection of the minor or of the
person or property of another or that the minor is likely
to flee the jurisdiction of the court, provided that any
such detention shall be in a juvenile detention home and
the minor so detained shall be 10 years of age or older;
and
(c) notify the persons named in the petition under
Section 5-520, in accordance with the provisions of
Section 5-530.
In making its detention determination under paragraph (b)
of this subsection (1) of this Section, the court may use
information in its findings offered at such a hearing by way
of proffer based upon reliable information presented by the
State, probation officer, or the minor. The filing of a
petition for violation of a condition of probation or of
conditional discharge shall toll the period of probation or
of conditional discharge until the final determination of the
charge, and the term of probation or conditional discharge
shall not run until the hearing and disposition of the
petition for violation.
(2) The court shall conduct a hearing of the alleged
violation of probation or of conditional discharge. The
minor shall not be held in detention longer than 15 days
pending the determination of the alleged violation.
(3) At the hearing, the State shall have the burden of
going forward with the evidence and proving the violation by
a preponderance of the evidence. The evidence shall be
presented in court with the right of confrontation,
cross-examination, and representation by counsel.
(4) If the court finds that the minor has violated a
condition at any time prior to the expiration or termination
of the period of probation or conditional discharge, it may
continue him or her on the existing sentence, with or without
modifying or enlarging the conditions, or may revoke
probation or conditional discharge and impose any other
sentence that was available under Section 5-710 at the time
of the initial sentence.
(5) The conditions of probation and of conditional
discharge may be reduced or enlarged by the court on motion
of the probation officer or on its own motion or at the
request of the minor after notice and hearing under this
Section.
(6) Sentencing after revocation of probation or of
conditional discharge shall be under Section 5-705.
(7) Instead of filing a violation of probation or of
conditional discharge, the probation officer, with the
concurrence of his or her supervisor, may serve on the minor
a notice of intermediate sanctions. The notice shall contain
the technical violation or violations involved, the date or
dates of the violation or violations, and the intermediate
sanctions to be imposed. Upon receipt of the notice, the
minor shall immediately accept or reject the intermediate
sanctions. If the sanctions are accepted, they shall be
imposed immediately. If the intermediate sanctions are
rejected or the minor does not respond to the notice, a
violation of probation or of conditional discharge shall be
immediately filed with the court. The State's Attorney and
the sentencing court shall be notified of the notice of
sanctions. Upon successful completion of the intermediate
sanctions, a court may not revoke probation or conditional
discharge or impose additional sanctions for the same
violation. A notice of intermediate sanctions may not be
issued for any violation of probation or conditional
discharge which could warrant an additional, separate felony
charge.
(705 ILCS 405/5-725 new)
Sec. 5-725. Protective supervision. If the sentencing
order releases the minor to the custody of his or her
parents, guardian or legal custodian, or continues him or her
in such custody, the court may place the person having
custody of the minor, except for representatives of private
or public agencies or governmental departments, under
supervision of the probation office. Rules or orders of court
shall define the terms and conditions of protective
supervision, which may be modified or terminated when the
court finds that the best interests of the minor and the
public will be served by modifying or terminating protective
supervision.
(705 ILCS 405/5-730 new)
Sec. 5-730. Order of protection.
(1) The court may make an order of protection in
assistance of or as a condition of any other order authorized
by this Act. The order of protection may set forth
reasonable conditions of behavior to be observed for a
specified period. The order may require a person:
(a) to stay away from the home or the minor;
(b) to permit a parent to visit the minor at stated
periods;
(c) to abstain from offensive conduct against the
minor, his or her parent or any person to whom custody of
the minor is awarded;
(d) to give proper attention to the care of the
home;
(e) to cooperate in good faith with an agency to
which custody of a minor is entrusted by the court or
with an agency or association to which the minor is
referred by the court;
(f) to prohibit and prevent any contact whatsoever
with the respondent minor by a specified individual or
individuals who are alleged in either a criminal or
juvenile proceeding to have caused injury to a respondent
minor or a sibling of a respondent minor;
(g) to refrain from acts of commission or omission
that tend to make the home not a proper place for the
minor.
(2) The court shall enter an order of protection to
prohibit and prevent any contact between a respondent minor
or a sibling of a respondent minor and any person named in a
petition seeking an order of protection who has been
convicted of heinous battery under Section 12-4.1, aggravated
battery of a child under Section 12-4.3, criminal sexual
assault under Section 12-13, aggravated criminal sexual
assault under Section 12-14, predatory criminal sexual
assault of a child under Section 12-14.1, criminal sexual
abuse under Section 12-15, or aggravated criminal sexual
abuse under Section 12-16 of the Criminal Code of 1961, or
has been convicted of an offense that resulted in the death
of a child, or has violated a previous order of protection
under this Section.
(3) When the court issues an order of protection against
any person as provided by this Section, the court shall
direct a copy of such order to the sheriff of that county.
The sheriff shall furnish a copy of the order of protection
to the Department of State Police within 24 hours of receipt,
in the form and manner required by the Department. The
Department of State Police shall maintain a complete record
and index of the orders of protection and make this data
available to all local law enforcement agencies.
(4) After notice and opportunity for hearing afforded to
a person subject to an order of protection, the order may be
modified or extended for a further specified period or both
or may be terminated if the court finds that the best
interests of the minor and the public will be served by the
modification, extension, or termination.
(5) An order of protection may be sought at any time
during the course of any proceeding conducted under this Act.
Any person against whom an order of protection is sought may
retain counsel to represent him or her at a hearing, and has
rights to be present at the hearing, to be informed prior to
the hearing in writing of the contents of the petition
seeking a protective order and of the date, place, and time
of the hearing, and to cross-examine witnesses called by the
petitioner and to present witnesses and argument in
opposition to the relief sought in the petition.
(6) Diligent efforts shall be made by the petitioner to
serve any person or persons against whom any order of
protection is sought with written notice of the contents of
the petition seeking a protective order and of the date,
place and time at which the hearing on the petition is to be
held. When a protective order is being sought in conjunction
with a shelter care or detention hearing, if the court finds
that the person against whom the protective order is being
sought has been notified of the hearing or that diligent
efforts have been made to notify the person, the court may
conduct a hearing. If a protective order is sought at any
time other than in conjunction with a shelter care or
detention hearing, the court may not conduct a hearing on the
petition in the absence of the person against whom the order
is sought unless the petitioner has notified the person by
personal service at least 3 days before the hearing or has
sent written notice by first class mail to the person's last
known address at least 5 days before the hearing.
(7) A person against whom an order of protection is
being sought who is neither a parent, guardian, or legal
custodian or responsible relative as described in Section 1-5
of this Act or is not a party or respondent as defined in
that Section shall not be entitled to the rights provided in
that Section. The person does not have a right to appointed
counsel or to be present at any hearing other than the
hearing in which the order of protection is being sought or a
hearing directly pertaining to that order. Unless the court
orders otherwise, the person does not have a right to inspect
the court file.
(8) All protective orders entered under this Section
shall be in writing. Unless the person against whom the order
was obtained was present in court when the order was issued,
the sheriff, other law enforcement official, or special
process server shall promptly serve that order upon that
person and file proof of that service, in the manner provided
for service of process in civil proceedings. The person
against whom the protective order was obtained may seek a
modification of the order by filing a written motion to
modify the order within 7 days after actual receipt by the
person of a copy of the order.
(705 ILCS 405/5-735 new)
Sec. 5-735. Enforcement of orders of protective
supervision or of protection.
(1) Orders of protective supervision and orders of
protection may be enforced by citation to show cause for
contempt of court by reason of any violation of the order
and, where protection of the welfare of the minor so
requires, by the issuance of a warrant to take the alleged
violator into custody and bring him or her before the court.
(2) In any case where an order of protection has been
entered, the clerk of the court may issue to the petitioner,
to the minor or to any other person affected by the order a
certificate stating that an order of protection has been made
by the court concerning those persons and setting forth its
terms and requirements. The presentation of the certificate
to any peace officer authorizes him or her to take into
custody a person charged with violating the terms of the
order of protection, to bring the person before the court
and, within the limits of his or her legal authority as a
peace officer, otherwise to aid in securing the protection
the order is intended to afford.
(705 ILCS 405/5-740 new)
Sec. 5-740. Placement; legal custody or guardianship.
(1) If the court finds that the parents, guardian, or
legal custodian of a minor adjudged a ward of the court are
unfit or are unable, for some reason other than financial
circumstances alone, to care for, protect, train or
discipline the minor or are unwilling to do so, and that
appropriate services aimed at family preservation and family
reunification have been unsuccessful in rectifying the
conditions which have led to a finding of unfitness or
inability to care for, protect, train or discipline the
minor, and that it is in the best interest of the minor to
take him or her from the custody of his or her parents,
guardian or custodian, the court may:
(a) place him or her in the custody of a suitable
relative or other person;
(b) place him or her under the guardianship of a
probation officer;
(c) commit him or her to an agency for care or
placement, except an institution under the authority of
the Department of Corrections or of the Department of
Children and Family Services;
(d) commit him or her to some licensed training
school or industrial school; or
(e) commit him or her to any appropriate
institution having among its purposes the care of
delinquent children, including a child protective
facility maintained by a child protection district
serving the county from which commitment is made, but not
including any institution under the authority of the
Department of Corrections or of the Department of
Children and Family Services.
(2) When making such placement, the court, wherever
possible, shall select a person holding the same religious
belief as that of the minor or a private agency controlled by
persons of like religious faith of the minor and shall
require the Department of Children and Family Services to
otherwise comply with Section 7 of the Children and Family
Services Act in placing the child. In addition, whenever
alternative plans for placement are available, the court
shall ascertain and consider, to the extent appropriate in
the particular case, the views and preferences of the minor.
(3) When a minor is placed with a suitable relative or
other person, the court shall appoint him or her the legal
custodian or guardian of the person of the minor. When a
minor is committed to any agency, the court shall appoint the
proper officer or representative of the proper officer as
legal custodian or guardian of the person of the minor.
Legal custodians and guardians of the person of the minor
have the respective rights and duties set forth in subsection
(9) of Section 5-105 except as otherwise provided by order of
court; but no guardian of the person may consent to adoption
of the minor. An agency whose representative is appointed
guardian of the person or legal custodian of the minor may
place him or her in any child care facility, but the facility
must be licensed under the Child Care Act of 1969 or have
been approved by the Department of Children and Family
Services as meeting the standards established for such
licensing. Like authority and restrictions shall be
conferred by the court upon any probation officer who has
been appointed guardian of the person of a minor.
(4) No placement by any probation officer or agency
whose representative is appointed guardian of the person or
legal custodian of a minor may be made in any out of State
child care facility unless it complies with the Interstate
Compact on the Placement of Children.
(5) The clerk of the court shall issue to the guardian
or legal custodian of the person a certified copy of the
order of court, as proof of his or her authority. No other
process is necessary as authority for the keeping of the
minor.
(6) Legal custody or guardianship granted under this
Section continues until the court otherwise directs, but not
after the minor reaches the age of 21 years except as set
forth in Section 5-750.
(705 ILCS 405/5-745 new)
Sec. 5-745. Court review.
(1) The court may require any legal custodian or
guardian of the person appointed under this Act to report
periodically to the court or may cite him or her into court
and require him or her, or his or her agency, to make a full
and accurate report of his or her or its doings in behalf of
the minor. The legal custodian or guardian, within 10 days
after the citation, shall make the report, either in writing
verified by affidavit or orally under oath in open court, or
otherwise as the court directs. Upon the hearing of the
report the court may remove the legal custodian or guardian
and appoint another in his or her stead or restore the minor
to the custody of his or her parents or former guardian or
legal custodian.
(2) A guardian or legal custodian appointed by the court
under this Act shall file updated case plans with the court
every 6 months. Every agency which has guardianship of a
child shall file a supplemental petition for court review, or
review by an administrative body appointed or approved by the
court and further order within 18 months of the sentencing
order and each 18 months thereafter. The petition shall
state facts relative to the child's present condition of
physical, mental and emotional health as well as facts
relative to his or her present custodial or foster care. The
petition shall be set for hearing and the clerk shall mail 10
days notice of the hearing by certified mail, return receipt
requested, to the person or agency having the physical
custody of the child, the minor and other interested parties
unless a written waiver of notice is filed with the petition.
Rights of wards of the court under this Act are
enforceable against any public agency by complaints for
relief by mandamus filed in any proceedings brought under
this Act.
(3) The minor or any person interested in the minor may
apply to the court for a change in custody of the minor and
the appointment of a new custodian or guardian of the person
or for the restoration of the minor to the custody of his or
her parents or former guardian or custodian. In the event
that the minor has attained 18 years of age and the guardian
or custodian petitions the court for an order terminating his
or her guardianship or custody, guardianship or legal custody
shall terminate automatically 30 days after the receipt of
the petition unless the court orders otherwise. No legal
custodian or guardian of the person may be removed without
his or her consent until given notice and an opportunity to
be heard by the court.
(705 ILCS 405/5-750 new)
Sec. 5-750. Commitment to the Department of Corrections,
Juvenile Division.
(1) Except as provided in subsection (2) of this
Section, when any delinquent has been adjudged a ward of the
court under this Act, the court may commit him or her to the
Department of Corrections, Juvenile Division, if it finds
that (a) his or her parents, guardian or legal custodian are
unfit or are unable, for some reason other than financial
circumstances alone, to care for, protect, train or
discipline the minor, or are unwilling to do so, and the best
interests of the minor and the public will not be served by
placement under Section 5-740 or; (b) it is necessary to
ensure the protection of the public from the consequences of
criminal activity of the delinquent.
(2) When a minor of the age of at least 13 years is
adjudged delinquent for the offense of first degree murder,
the court shall declare the minor a ward of the court and
order the minor committed to the Department of Corrections,
Juvenile Division, until the minor's 21st birthday, without
the possibility of parole, furlough, or non-emergency
authorized absence for a period of 5 years from the date the
minor was committed to the Department of Corrections, except
that the time that a minor spent in custody for the instant
offense before being committed to the Department shall be
considered as time credited towards that 5 year period.
Nothing in this subsection (2) shall preclude the State's
Attorney from seeking to prosecute a minor as an adult as an
alternative to proceeding under this Act.
(3) Except as provided in subsection (2), the commitment
of a delinquent to the Department of Corrections shall be for
an indeterminate term which shall automatically terminate
upon the delinquent attaining the age of 21 years unless the
delinquent is sooner discharged from parole or custodianship
is otherwise terminated in accordance with this Act or as
otherwise provided for by law.
(4) When the court commits a minor to the Department of
Corrections, it shall order him or her conveyed forthwith to
the appropriate reception station or other place designated
by the Department of Corrections, and shall appoint the
Assistant Director of Corrections, Juvenile Division, legal
custodian of the minor. The clerk of the court shall issue
to the Assistant Director of Corrections, Juvenile Division,
a certified copy of the order, which constitutes proof of the
Director's authority. No other process need issue to warrant
the keeping of the minor.
(5) If a minor is committed to the Department of
Corrections, Juvenile Division, the clerk of the court shall
forward to the Department:
(a) the disposition ordered;
(b) all reports;
(c) the court's statement of the basis for ordering
the disposition; and
(d) all additional matters which the court directs
the clerk to transmit.
(6) Whenever the Department of Corrections lawfully
discharges from its custody and control a minor committed to
it, the Assistant Director of Corrections, Juvenile Division,
shall petition the court for an order terminating his or her
custodianship. The custodianship shall terminate
automatically 30 days after receipt of the petition unless
the court orders otherwise.
(705 ILCS 405/5-755 new)
Sec. 5-755. Duration of wardship and discharge of
proceedings.
(1) All proceedings under this Act in respect of any
minor for whom a petition was filed on or after the effective
date of this amendatory Act of 1998 automatically terminate
upon his or her attaining the age of 21 years except that
provided in Section 5-810.
(2) Whenever the court finds that the best interests of
the minor and the public no longer require the wardship of
the court, the court shall order the wardship terminated and
all proceedings under this Act respecting that minor finally
closed and discharged. The court may at the same time
continue or terminate any custodianship or guardianship
previously ordered but the termination must be made in
compliance with Section 5-745.
(3) The wardship of the minor and any legal
custodianship or guardianship respecting the minor for whom a
petition was filed on or after the effective date of this
amendatory Act of 1998 automatically terminates when he or
she attains the age of 21 years except as set forth in
subsection (1) of this Section. The clerk of the court shall
at that time record all proceedings under this Act as finally
closed and discharged for that reason.
(705 ILCS 405/Art. V, Part 8 heading new)
PART 8. VIOLENT AND HABITUAL JUVENILE
OFFENDER PROVISIONS
(705 ILCS 405/5-801 new)
Sec. 5-801. Legislative declaration. The General
Assembly finds that a substantial and disproportionate amount
of serious crime is committed by a relatively small number of
juvenile offenders. Part 8 of this Article addresses these
juvenile offenders and, in all proceedings under Sections
5-805, 5-810, and 5-815, the community's right to be
protected shall be the most important purpose of the
proceedings.
(705 ILCS 405/5-805 new)
Sec. 5-805. Transfer of jurisdiction.
(1) Mandatory transfers.
(a) If a petition alleges commission by a minor 15
years of age or older of an act that constitutes a
forcible felony under the laws of this State, and if a
motion by the State's Attorney to prosecute the minor
under the criminal laws of Illinois for the alleged
forcible felony alleges that (i) the minor has previously
been adjudicated delinquent or found guilty for
commission of an act that constitutes a felony under the
laws of this State or any other state and (ii) the act
that constitutes the offense was committed in furtherance
of criminal activity by an organized gang, the Juvenile
Judge assigned to hear and determine those motions shall,
upon determining that there is probable cause that both
allegations are true, enter an order permitting
prosecution under the criminal laws of Illinois.
(b) If a petition alleges commission by a minor 15
years of age or older of an act that constitutes a felony
under the laws of this State, and if a motion by a
State's Attorney to prosecute the minor under the
criminal laws of Illinois for the alleged felony alleges
that (i) the minor has previously been adjudicated
delinquent or found guilty for commission of an act that
constitutes a forcible felony under the laws of this
State or any other state and (ii) the act that
constitutes the offense was committed in furtherance of
criminal activities by an organized gang, the Juvenile
Judge assigned to hear and determine those motions shall,
upon determining that there is probable cause that both
allegations are true, enter an order permitting
prosecution under the criminal laws of Illinois.
(c) If a petition alleges commission by a minor 15
years of age or older of: (i) an act that constitutes an
offense enumerated in the presumptive transfer provisions
of subsection (2); and (ii) the minor has previously been
adjudicated delinquent or found guilty of a forcible
felony, the Juvenile Judge designated to hear and
determine those motions shall, upon determining that
there is probable cause that both allegations are true,
enter an order permitting prosecution under the criminal
laws of Illinois.
(2) Presumptive transfer.
(a) If the State's Attorney files a petition, at
any time prior to commencement of the minor's trial, to
permit prosecution under the criminal laws and the
petition alleges the commission by a minor 15 years of
age or older of: (i) a Class X felony other than armed
violence; (ii) aggravated discharge of a firearm; (iii)
armed violence with a firearm when the predicate offense
is a Class 1 or Class 2 felony and the State's Attorney's
motion to transfer the case alleges that the offense
committed is in furtherance of the criminal activities of
an organized gang; (iv) armed violence with a firearm
when the predicate offense is a violation of the Illinois
Controlled Substances Act or a violation of the Cannabis
Control Act; (v) armed violence when the weapon involved
was a machine gun or other weapon described in subsection
(a)(7) of Section 24-1 of the Criminal Code of 1961, and,
if the juvenile judge assigned to hear and determine
motions to transfer a case for prosecution in the
criminal court determines that there is probable cause to
believe that the allegations in the petition and motion
are true, there is a rebuttable presumption that the
minor is not a fit and proper subject to be dealt with
under the Juvenile Justice Reform Provisions of 1998, and
that, except as provided in paragraph (b), the case
should be transferred to the criminal court.
(b) The judge shall enter an order permitting
prosecution under the criminal laws of Illinois unless
the judge makes a finding based on clear and convincing
evidence that the minor would be amenable to the care,
treatment, and training programs available through the
facilities of the juvenile court based on an evaluation
of the following:
(i) The seriousness of the alleged offense;
(ii) The minor's history of delinquency;
(iii) The age of the minor;
(iv) The culpability of the minor in committing
the alleged offense;
(v) Whether the offense was committed in an
aggressive or premeditated manner;
(vi) Whether the minor used or possessed a deadly
weapon when committing the alleged offense;
(vii) The minor's history of services, including
the minor's willingness to participate meaningfully in
available services;
(viii) Whether there is a reasonable likelihood that
the minor can be rehabilitated before the expiration of
the juvenile court's jurisdiction;
(ix) The adequacy of the punishment or services
available in the juvenile justice system.
In considering these factors, the court shall give
greater weight to the seriousness of the alleged offense and
the minor's prior record of delinquency than to the other
factors listed in this subsection.
(3) Discretionary transfer.
(a) If a petition alleges commission by a minor 13
years of age or over of an act that constitutes a crime
under the laws of this State and, on motion of the
State's Attorney to permit prosecution of the minor under
the criminal laws, a Juvenile Judge assigned by the Chief
Judge of the Circuit to hear and determine those motions,
after hearing but before commencement of the trial, finds
that there is probable cause to believe that the
allegations in the motion are true and that it is not in
the best interests of the public to proceed under this
Act, the court may enter an order permitting prosecution
under the criminal laws.
(b) In making its determination on the motion to
permit prosecution under the criminal laws, the court
shall consider among other matters:
(i) The seriousness of the alleged offense;
(ii) The minor's history of delinquency;
(iii) The age of the minor;
(iv) The culpability of the minor in committing the
alleged offense;
(v) Whether the offense was committed in an
aggressive or premeditated manner;
(vi) Whether the minor used or possessed a deadly
weapon when committing the alleged offense;
(vii) The minor's history of services, including
the minor's willingness to participate meaningfully in
available services;
(viii) The adequacy of the punishment or services
available in the juvenile justice system.
In considering these factors, the court shall give
greater weight to the seriousness of the alleged offense and
the minor's prior record of delinquency than to the other
factors listed in this subsection.
(4) The rules of evidence for this hearing shall be the
same as under Section 5-705 of this Act. A minor must be
represented in court by counsel before the hearing may be
commenced.
(5) If criminal proceedings are instituted, the petition
for adjudication of wardship shall be dismissed insofar as
the act or acts involved in the criminal proceedings. Taking
of evidence in a trial on petition for adjudication of
wardship is a bar to criminal proceedings based upon the
conduct alleged in the petition.
(705 ILCS 405/5-810 new)
Sec. 5-810. Extended jurisdiction juvenile prosecutions.
(1) If the State's Attorney files a petition, at any
time prior to commencement of the minor's trial, to designate
the proceeding as an extended jurisdiction juvenile
prosecution and the petition alleges the commission by a
minor 13 years of age or older of any offense which would be
a felony if committed by an adult, and, if the juvenile judge
assigned to hear and determine petitions to designate the
proceeding as an extended jurisdiction juvenile prosecution
determines that there is probable cause to believe that the
allegations in the petition and motion are true, there is a
rebuttable presumption that the proceeding shall be
designated as an extended jurisdiction juvenile proceeding.
(b) The judge shall enter an order designating the
proceeding as an extended jurisdiction juvenile
proceeding unless the judge makes a finding based on
clear and convincing evidence that sentencing under the
Chapter V of the Unified Code of Corrections would not be
appropriate for the minor based on an evaluation of the
following factors:
(i) The seriousness of the alleged offense;
(ii) The minor's history of delinquency;
(iii) The age of the minor;
(iv) The culpability of the minor in committing the
alleged offense;
(v) Whether the offense was committed in an
aggressive or premeditated manner;
(vi) Whether the minor used or possessed a deadly
weapon when committing the alleged offense.
In considering these factors, the court shall give
greater weight to the seriousness of the alleged offense and
the minor's prior record of delinquency than to other factors
listed in this subsection.
(2) Procedures for extended jurisdiction juvenile
prosecutions.
(a) The State's Attorney may file a written motion
for a proceeding to be designated as an extended juvenile
jurisdiction prior to commencement of trial. Notice of
the motion shall be in compliance with Section 5-530.
When the State's Attorney files a written motion that a
proceeding be designated an extended jurisdiction
juvenile prosecution, the court shall commence a hearing
within 30 days of the filing of the motion for
designation, unless good cause is shown by the
prosecution or the minor as to why the hearing could not
be held within this time period. If the court finds good
cause has been demonstrated, then the hearing shall be
held within 60 days of the filing of the motion. The
hearings shall be open to the public unless the judge
finds that the hearing should be closed for the
protection of any party, victim or witness. If the
Juvenile Judge assigned to hear and determine a motion to
designate an extended jurisdiction juvenile prosecution
determines that there is probable cause to believe that
the allegations in the petition and motion are true the
court shall grant the motion for designation.
Information used by the court in its findings or stated
in or offered in connection with this Section may be by
way of proffer based on reliable information offered by
the State or the minor. All evidence shall be admissible
if it is relevant and reliable regardless of whether it
would be admissible under the rules of evidence.
(3) Trial. A minor who is subject of an extended
jurisdiction juvenile prosecution has the right to trial by
jury. Any trial under this Section shall be open to the
public.
(4) Sentencing. If an extended jurisdiction juvenile
prosecution under subsections (1) results in a guilty plea, a
verdict of guilty, or a finding of guilt, the court shall
impose the following:
(i) one or more juvenile sentences under Section
5-710; and
(ii) an adult criminal sentence in accordance with
the provisions of Chapter V of the Unified Code of
Corrections, the execution of which shall be stayed on
the condition that the offender not violate the
provisions of the juvenile sentence.
Any sentencing hearing under this Section shall be open to
the public.
(5) If, after an extended jurisdiction juvenile
prosecution trial, a minor is convicted of a lesser-included
offense or of an offense that the State's Attorney did not
designate as an extended jurisdiction juvenile prosecution,
the State's Attorney may file a written motion, within 10
days of the finding of guilt, that the minor be sentenced as
an extended jurisdiction juvenile prosecution offender. The
court shall rule on this motion using the factors found in
paragraph (1) (b) of Section 5-805. If the court denies the
State's Attorney's motion for sentencing under the extended
jurisdiction juvenile prosecution provision, the court shall
proceed to sentence the minor under Section 5-710.
(6) When it appears that a minor convicted in an
extended jurisdiction juvenile prosecution under subsection
(1) has violated the conditions of his or her sentence, or is
alleged to have committed a new offense upon the filing of a
petition to revoke the stay, the court may, without notice,
issue a warrant for the arrest of the minor. After a hearing,
if the court finds by a preponderance of the evidence that
the minor committed a new offense, the court shall order
execution of the previously imposed adult criminal sentence.
After a hearing, if the court finds by a preponderance of the
evidence that the minor committed a violation of his or her
sentence other than by a new offense, the court may order
execution of the previously imposed adult criminal sentence
or may continue him or her on the existing juvenile sentence
with or without modifying or enlarging the conditions. Upon
revocation of the stay of the adult criminal sentence and
imposition of that sentence, the minor's extended
jurisdiction juvenile status shall be terminated. The
on-going jurisdiction over the minor's case shall be assumed
by the adult criminal court and juvenile court jurisdiction
shall be terminated and a report of the imposition of the
adult sentence shall be sent to the Department of State
Police.
(7) Upon successful completion of the juvenile sentence
the court shall vacate the adult criminal sentence.
(8) Nothing in this Section precludes the State from
filing a motion for transfer under Section 5-805.
(705 ILCS 405/5-815, formerly 405/5-35)
Sec. 5-815 5-35. Habitual Juvenile Offender.
(a) Definition. Any minor having been twice adjudicated
a delinquent minor for offenses which, had he been prosecuted
as an adult, would have been felonies under the laws of this
State, and who is thereafter adjudicated a delinquent minor
for a third time shall be adjudged an Habitual Juvenile
Offender where:
1. the third adjudication is for an offense
occurring after adjudication on the second; and
2. the second adjudication was for an offense
occurring after adjudication on the first; and
3. the third offense occurred after January 1,
1980; and
4. the third offense was based upon the commission
of or attempted commission of the following offenses:
first degree murder, second degree murder or involuntary
manslaughter; criminal sexual assault or aggravated
criminal sexual assault; aggravated or heinous battery
involving permanent disability or disfigurement or great
bodily harm to the victim; burglary of a home or other
residence intended for use as a temporary or permanent
dwelling place for human beings; home invasion; robbery
or armed robbery; or aggravated arson.
Nothing in this section shall preclude the State's
Attorney from seeking to prosecute a minor as an adult as an
alternative to prosecution as an habitual juvenile offender.
A continuance under supervision authorized by Section
5-615 5-19 of this Act shall not be permitted under this
section.
(b) Notice to minor. The State shall serve upon the
minor written notice of intention to prosecute under the
provisions of this Section within 5 judicial days of the
filing of any delinquency petition, adjudication upon which
would mandate the minor's disposition as an Habitual Juvenile
Offender.
(c) Petition; service. A notice to seek adjudication as
an Habitual Juvenile Offender shall be filed only by the
State's Attorney.
The petition upon which such Habitual Juvenile Offender
notice is based shall contain the information and averments
required for all other delinquency petitions filed under this
Act and its service shall be according to the provisions of
this Act.
No prior adjudication shall be alleged in the petition.
(d) Trial. Trial on such petition shall be by jury
unless the minor demands, in open court and with advice of
counsel, a trial by the court without jury.
Except as otherwise provided herein, the provisions of
this Act concerning delinquency proceedings generally shall
be applicable to Habitual Juvenile Offender proceedings.
(e) Proof of prior adjudications. No evidence or other
disclosure of prior adjudications shall be presented to the
court or jury during any adjudicatory hearing provided for
under this Section unless otherwise permitted by the issues
properly raised in such hearing. In the event the minor who
is the subject of these proceedings elects to testify on his
own behalf, it shall be competent to introduce evidence, for
purposes of impeachment, that he has previously been
adjudicated a delinquent minor upon facts which, had he been
tried as an adult, would have resulted in his conviction of a
felony or of any offense that involved dishonesty or false
statement. Introduction of such evidence shall be according
to the rules and procedures applicable to the impeachment of
an adult defendant by prior conviction.
After an admission of the facts in the petition or
adjudication of delinquency, the State's Attorney may file
with the court a verified written statement signed by the
State's Attorney concerning any prior adjudication of an
offense set forth in subsection (a) of this Section which
offense would have been a felony or of any offense that
involved dishonesty or false statement had the minor been
tried as an adult.
The court shall then cause the minor to be brought before
it; shall inform him of the allegations of the statement so
filed, and of his right to a hearing before the court on the
issue of such prior adjudication and of his right to counsel
at such hearing; and unless the minor admits such
adjudication, the court shall hear and determine such issue,
and shall make a written finding thereon.
A duly authenticated copy of the record of any such
alleged prior adjudication shall be prima facie evidence of
such prior adjudication or of any offense that involved
dishonesty or false statement.
Any claim that a previous adjudication offered by the
State's Attorney is not a former adjudication of an offense
which, had the minor been prosecuted as an adult, would have
resulted in his conviction of a felony or of any offense
that involved dishonesty or false statement, is waived unless
duly raised at the hearing on such adjudication, or unless
the State's Attorney's proof shows that such prior
adjudication was not based upon proof of what would have been
a felony.
(f) Disposition. If the court finds that the
prerequisites established in subsection (a) of this Section
have been proven, it shall adjudicate the minor an Habitual
Juvenile Offender and commit him to the Department of
Corrections, Juvenile Division, until his 21st birthday,
without possibility of parole, furlough, or non-emergency
authorized absence. However, the minor shall be entitled to
earn one day of good conduct credit for each day served as
reductions against the period of his confinement. Such good
conduct credits shall be earned or revoked according to the
procedures applicable to the allowance and revocation of good
conduct credit for adult prisoners serving determinate
sentences for felonies.
For purposes of determining good conduct credit,
commitment as an Habitual Juvenile Offender shall be
considered a determinate commitment, and the difference
between the date of the commitment and the minor's 21st
birthday shall be considered the determinate period of his
confinement.
(Source: P.A. 88-678, eff. 7-1-95.)
(705 ILCS 405/5-820, formerly 405/5-36)
Sec. 5-820 5-36. Violent Juvenile Offender.
(a) Definition. A minor having been previously
adjudicated a delinquent minor for an offense which, had he
or she been prosecuted as an adult, would have been a Class 2
or greater felony involving the use or threat of physical
force or violence against an individual or a Class 2 or
greater felony for which an element of the offense is
possession or use of a firearm, and who is thereafter
adjudicated a delinquent minor for a second time for any of
those offenses shall be adjudicated a Violent Juvenile
Offender if:
(1) The second adjudication is for an offense
occurring after adjudication on the first; and
(2) The second offense occurred on or after January
1, 1995.
(b) Notice to minor. The State shall serve upon the
minor written notice of intention to prosecute under the
provisions of this Section within 5 judicial days of the
filing of a delinquency petition, adjudication upon which
would mandate the minor's disposition as a Violent Juvenile
Offender.
(c) Petition; service. A notice to seek adjudication as
a Violent Juvenile Offender shall be filed only by the
State's Attorney.
The petition upon which the Violent Juvenile Offender
notice is based shall contain the information and averments
required for all other delinquency petitions filed under this
Act and its service shall be according to the provisions of
this Act.
No prior adjudication shall be alleged in the petition.
(d) Trial. Trial on the petition shall be by jury
unless the minor demands, in open court and with advice of
counsel, a trial by the court without a jury.
Except as otherwise provided in this Section, the
provisions of this Act concerning delinquency proceedings
generally shall be applicable to Violent Juvenile Offender
proceedings.
(e) Proof of prior adjudications. No evidence or other
disclosure of prior adjudications shall be presented to the
court or jury during an adjudicatory hearing provided for
under this Section unless otherwise permitted by the issues
properly raised in that hearing. In the event the minor who
is the subject of these proceedings elects to testify on his
or her own behalf, it shall be competent to introduce
evidence, for purposes of impeachment, that he or she has
previously been adjudicated a delinquent minor upon facts
which, had the minor been tried as an adult, would have
resulted in the minor's conviction of a felony or of any
offense that involved dishonesty or false statement.
Introduction of such evidence shall be according to the rules
and procedures applicable to the impeachment of an adult
defendant by prior conviction.
After an admission of the facts in the petition or
adjudication of delinquency, the State's Attorney may file
with the court a verified written statement signed by the
State's Attorney concerning any prior adjudication of an
offense set forth in subsection (a) of this Section that
would have been a felony or of any offense that involved
dishonesty or false statement had the minor been tried as an
adult.
The court shall then cause the minor to be brought before
it; shall inform the minor of the allegations of the
statement so filed, of his or her right to a hearing before
the court on the issue of the prior adjudication and of his
or her right to counsel at the hearing; and unless the minor
admits the adjudication, the court shall hear and determine
the issue, and shall make a written finding of the issue.
A duly authenticated copy of the record of any alleged
prior adjudication shall be prima facie evidence of the prior
adjudication or of any offense that involved dishonesty or
false statement.
Any claim that a previous adjudication offered by the
State's Attorney is not a former adjudication of an offense
which, had the minor been prosecuted as an adult, would have
resulted in his or her conviction of a Class 2 or greater
felony involving the use or threat of force or violence, or a
firearm, a felony or of any offense that involved dishonesty
or false statement is waived unless duly raised at the
hearing on the adjudication, or unless the State's Attorney's
proof shows that the prior adjudication was not based upon
proof of what would have been a felony.
(f) Disposition. If the court finds that the
prerequisites established in subsection (a) of this Section
have been proven, it shall adjudicate the minor a Violent
Juvenile Offender and commit the minor to the Department of
Corrections, Juvenile Division, until his or her 21st
birthday, without possibility of parole, furlough, or
non-emergency authorized absence. However, the minor shall
be entitled to earn one day of good conduct credit for each
day served as reductions against the period of his or her
confinement. The good conduct credits shall be earned or
revoked according to the procedures applicable to the
allowance and revocation of good conduct credit for adult
prisoners serving determinate sentences for felonies.
For purposes of determining good conduct credit,
commitment as a Violent Juvenile Offender shall be considered
a determinate commitment, and the difference between the date
of the commitment and the minor's 21st birthday shall be
considered the determinate period of his or her confinement.
(g) Nothing in this Section shall preclude the State's
Attorney from seeking to prosecute a minor as a habitual
juvenile offender or as an adult as an alternative to
prosecution as a Violent Juvenile Offender.
(h) A continuance under supervision authorized by
Section 5-615 5-19 of this Act shall not be permitted under
this Section.
(Source: P.A. 88-678, eff. 7-1-95.)
(705 ILCS 405/Art. V, Part 9 heading new)
PART 9. CONFIDENTIALITY OF RECORDS AND EXPUNGEMENTS
(705 ILCS 405/5-901 new)
Sec. 5-901. Court file.
(1) The Court file with respect to proceedings under
this Article shall consist of the petitions, pleadings,
victim impact statements, process, service of process,
orders, writs and docket entries reflecting hearings held and
judgments and decrees entered by the court. The court file
shall be kept separate from other records of the court.
(a) The file, including information identifying the
victim or alleged victim of any sex offense, shall be
disclosed only to the following parties when necessary
for discharge of their official duties:
(i) A judge of the circuit court and members
of the staff of the court designated by the judge;
(ii) Parties to the proceedings and their
attorneys;
(iii) Victims and their attorneys, except in
cases of multiple victims of sex offenses in which
case the information identifying the nonrequesting
victims shall be redacted;
(iv) Probation officers, law enforcement
officers or prosecutors or their staff;
(v) Adult and juvenile Prisoner Review Boards.
(b) The Court file redacted to remove any
information identifying the victim or alleged victim of
any sex offense shall be disclosed only to the following
parties when necessary for discharge of their official
duties:
(i) Authorized military personnel;
(ii) Persons engaged in bona fide research,
with the permission of the judge of the juvenile
court and the chief executive of the agency that
prepared the particular recording: provided that
publication of such research results in no
disclosure of a minor's identity and protects the
confidentiality of the record;
(iii) The Secretary of State to whom the Clerk
of the Court shall report the disposition of all
cases, as required in Section 6-204 or Section
6-205.1 of the Illinois Vehicle Code. However,
information reported relative to these offenses
shall be privileged and available only to the
Secretary of State, courts, and police officers;
(iv) The administrator of a bonafide substance
abuse student assistance program with the permission
of the presiding judge of the juvenile court;
(v) Any individual, or any public or private
agency or institution, having custody of the
juvenile under court order or providing educational,
medical or mental health services to the juvenile or
a court-approved advocate for the juvenile or any
placement provider or potential placement provider
as determined by the court.
(3) A minor who is the victim or alleged victim in a
juvenile proceeding shall be provided the same
confidentiality regarding disclosure of identity as the minor
who is the subject of record. Information identifying victims
and alleged victims of sex offenses, shall not be disclosed
or open to public inspection under any circumstances. Nothing
in this Section shall prohibit the victim or alleged victim
of any sex offense from voluntarily disclosing his or her
identity.
(4) Relevant information, reports and records shall be
made available to the Department of Corrections when a
juvenile offender has been placed in the custody of the
Department of Corrections, Juvenile Division.
(5) Except as otherwise provided in this subsection (5),
juvenile court records shall not be made available to the
general public but may be inspected by representatives of
agencies, associations and news media or other properly
interested persons by general or special order of the court.
The State's Attorney, the minor, his or her parents, guardian
and counsel shall at all times have the right to examine
court files and records.
(a) The court shall allow the general public to
have access to the name, address, and offense of a minor
who is adjudicated a delinquent minor under this Act
under either of the following circumstances:
(i) The adjudication of delinquency was based
upon the minor's commission of first degree murder,
attempt to commit first degree murder, aggravated
criminal sexual assault, or criminal sexual assault;
or
(ii) The court has made a finding that the
minor was at least 13 years of age at the time the
act was committed and the adjudication of
delinquency was based upon the minor's commission
of: (A) an act in furtherance of the commission of a
felony as a member of or on behalf of a criminal
street gang, (B) an act involving the use of a
firearm in the commission of a felony, (C) an act
that would be a Class X felony offense under or the
minor's second or subsequent Class 2 or greater
felony offense under the Cannabis Control Act if
committed by an adult, (D) an act that would be a
second or subsequent offense under Section 402 of
the Illinois Controlled Substances Act if committed
by an adult, or (E) an act that would be an offense
under Section 401 of the Illinois Controlled
Substances Act if committed by an adult.
(b) The court shall allow the general public to
have access to the name, address, and offense of a minor
who is at least 13 years of age at the time the offense
is committed and who is convicted, in criminal
proceedings permitted or required under Section 5-805,
under either of the following circumstances:
(i) The minor has been convicted of first
degree murder, attempt to commit first degree
murder, aggravated criminal sexual assault, or
criminal sexual assault,
(ii) The court has made a finding that the
minor was at least 13 years of age at the time the
offense was committed and the conviction was based
upon the minor's commission of: (A) an offense in
furtherance of the commission of a felony as a
member of or on behalf of a criminal street gang,
(B) an offense involving the use of a firearm in the
commission of a felony, (C) a Class X felony offense
under the Cannabis Control Act or a second or
subsequent Class 2 or greater felony offense under
the Cannabis Control Act, (D) a second or subsequent
offense under Section 402 of the Illinois Controlled
Substances Act, or (E) an offense under Section 401
of the Illinois Controlled Substances Act.
(6) Nothing in this Section shall be construed to limit
the use of a adjudication of delinquency as evidence in any
juvenile or criminal proceeding, where it would otherwise be
admissible under the rules of evidence, including but not
limited to, use as impeachment evidence against any witness,
including the minor if he or she testifies.
(7) Nothing in this Section shall affect the right of a
Civil Service Commission or appointing authority examining
the character and fitness of an applicant for a position as a
law enforcement officer to ascertain whether that applicant
was ever adjudicated to be a delinquent minor and, if so, to
examine the records or evidence which were made in
proceedings under this Act.
(8) Following any adjudication of delinquency for a
crime which would be a felony if committed by an adult, or
following any adjudication of delinquency for a violation of
Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of
1961, the State's Attorney shall ascertain whether the minor
respondent is enrolled in school and, if so, shall provide a
copy of the sentencing order to the principal or chief
administrative officer of the school. Access to such
juvenile records shall be limited to the principal or chief
administrative officer of the school and any guidance
counselor designated by him or her.
(9) Nothing contained in this Act prevents the sharing
or disclosure of information or records relating or
pertaining to juveniles subject to the provisions of the
Serious Habitual Offender Comprehensive Action Program when
that information is used to assist in the early
identification and treatment of habitual juvenile offenders.
(11) The Clerk of the Circuit Court shall report to the
Department of State Police, in the form and manner required
by the Department of State Police, the final disposition of
each minor who has been arrested or taken into custody before
his or her 17th birthday for those offenses required to be
reported under Section 5 of the Criminal Identification Act.
Information reported to the Department under this Section may
be maintained with records that the Department files under
Section 2.1 of the Criminal Identification Act.
(12) Information or records may be disclosed to the
general public when the court is conducting hearings under
Section 5-805 or 5-810.
(705 ILCS 405/5-905 new)
Sec. 5-905. Law enforcement records.
(1) Law Enforcement Records. Inspection and copying of
law enforcement records maintained by law enforcement
agencies that relate to a minor who has been arrested or
taken into custody before his or her 17th birthday shall be
restricted to the following and when necessary for the
discharge of their official duties:
(a) A judge of the circuit court and members of the
staff of the court designated by the judge;
(b) Law enforcement officers, probation officers or
prosecutors or their staff;
(c) The minor, the minor's parents or legal
guardian and their attorneys, but only when the juvenile
has been charged with an offense;
(d) Adult and Juvenile Prisoner Review Boards;
(e) Authorized military personnel;
(f) Persons engaged in bona fide research, with the
permission of the judge of juvenile court and the chief
executive of the agency that prepared the particular
recording: provided that publication of such research
results in no disclosure of a minor's identity and
protects the confidentiality of the record;
(g) Individuals responsible for supervising or
providing temporary or permanent care and custody of
minors pursuant to orders of the juvenile court or
directives from officials of the Department of Children
and Family Services or the Department of Human Services
who certify in writing that the information will not be
disclosed to any other party except as provided under law
or order of court;
(h) The appropriate school official. Inspection
and copying shall be limited to law enforcement records
transmitted to the appropriate school official by a local
law enforcement agency under a reciprocal reporting
system established and maintained between the school
district and the local law enforcement agency under
Section 10-20.14 of the School Code concerning a minor
enrolled in a school within the school district who has
been arrested for any offense classified as a felony or a
Class A or B misdemeanor.
(2) Information identifying victims and alleged victims
of sex offenses, shall not be disclosed or open to public
inspection under any circumstances. Nothing in this Section
shall prohibit the victim or alleged victim of any sex
offense from voluntarily disclosing his or her identity.
(3) Relevant information, reports and records shall be
made available to the Department of Corrections when a
juvenile offender has been placed in the custody of the
Department of Corrections, Juvenile Division.
(4) Nothing in this Section shall prohibit the
inspection or disclosure to victims and witnesses of
photographs contained in the records of law enforcement
agencies when the inspection or disclosure is conducted in
the presence of a law enforcement officer for purposes of
identification or apprehension of any person in the course of
any criminal investigation or prosecution.
(5) The records of law enforcement officers concerning
all minors under 17 years of age must be maintained separate
from the records of adults and may not be open to public
inspection or their contents disclosed to the public except
by order of the court or when the institution of criminal
proceedings has been permitted under Section 5-130 or 5-805
or required under Section 5-130 or 5-805 or such a person has
been convicted of a crime and is the subject of pre-sentence
investigation or when provided by law.
(6) Law enforcement officers may not disclose the
identity of any minor in releasing information to the general
public as to the arrest, investigation or disposition of any
case involving a minor. Upon written request, law enforcement
officers may release the name and address of a minor who has
been arrested for a criminal offense to the victim, or if the
victim is a minor, to the victim's legal custodian, guardian
or parent. The law enforcement officer may release the
information only if he or she reasonably believes such
release would not endanger the person or property of the
arrested minor or his or her family.
(7) Nothing contained in this Section shall prohibit law
enforcement agencies when acting in their official capacity
from communicating with each other by letter, memorandum,
teletype or intelligence alert bulletin or other means the
identity or other relevant information pertaining to a person
under 17 years of age. The information provided under this
subsection (7) shall remain confidential and shall not be
publicly disclosed, except as otherwise allowed by law.
(8) No person shall disclose information under this
Section except when acting in his or her official capacity
and as provided by law or order of court.
(705 ILCS 405/5-910 new)
Sec. 5-910. Social, psychological and medical records.
(1) The social investigation, psychological and medical
records of any juvenile offender shall be privileged and
shall not be disclosed except:
(a) upon the written consent of the former juvenile
or, if the juvenile offender is under 18 years of age, by
the parent of the juvenile; or
(b) upon a determination by the head of the
treatment facility, who has the records, that disclosure
to another individual or facility providing treatment to
the minor is necessary for the further treatment of the
juvenile offender; or
(c) when any court having jurisdiction of the
juvenile offender orders disclosure; or
(d) when requested by any attorney representing the
juvenile offender, but the records shall not be further
disclosed by the attorney unless approved by the court or
presented as admissible evidence; or
(e) upon a written request of a juvenile probation
officer in regard to an alleged juvenile offender when
the information is needed for screening and assessment
purposes, for preparation of a social investigation or
presentence investigation, or placement decisions; but
the records shall not be further disclosed by the
probation officer unless approved by the court; or
(f) when the State's Attorney requests a copy of
the social investigation for use at a sentencing hearing
or upon written request of the State's Attorney for
psychological or medical records when the minor contests
his fitness for trial or relies on an affirmative defense
of intoxication or insanity.
(2) Willful violation of this Section is a Class C
misdemeanor.
(3) Nothing in this Section shall operate to extinguish
any rights of a juvenile offender established by
attorney-client, physician-patient, psychologist-client or
social worker-client privileges except as otherwise provided
by law.
(705 ILCS 405/5-915 new)
Sec. 5-915. Expungement of law enforcement and juvenile
court records.
(1) Whenever any person has attained the age of 17 or
whenever all juvenile court proceedings relating to that
person have been terminated, whichever is later, the person
may petition the court to expunge law enforcement records
relating to incidents occurring before his or her 17th
birthday or his or her juvenile court records, or both, but
only in the following circumstances:
(a) the minor was arrested and no petition for
delinquency was filed with the clerk of the circuit
court; or
(b) the minor was charged with an offense and was
found not delinquent of that offense; or
(c) the minor was placed under supervision pursuant
to Section 5-615, and the order of supervision has since
been successfully terminated; or
(d) the minor was adjudicated for an offense which
would be a Class B misdemeanor if committed by an adult.
(2) Any person may petition the court to expunge all law
enforcement records relating to any incidents occurring
before his or her 17th birthday which did not result in
proceedings in criminal court and all juvenile court records
with respect to any adjudications except those based upon
first degree murder and sex offenses which would be felonies
if committed by an adult, if the person for whom expungement
is sought has had no convictions for any crime since his or
her 17th birthday and:
(a) has attained the age of 21 years; or
(b) 5 years have elapsed since all juvenile court
proceedings relating to him or her have been terminated
or his or her commitment to the Department of
Corrections, Juvenile Division pursuant to this Act has
been terminated; whichever is later of (a) or (b).
(3) The chief judge of the circuit in which an arrest
was made or a charge was brought or any judge of that circuit
designated by the chief judge may, upon verified petition of
a person who is the subject of an arrest or a juvenile court
proceeding under subsection (1) or (2) of this Section, order
the law enforcement records or official court file, or both,
to be expunged from the official records of the arresting
authority, the clerk of the circuit court and the Department
of State Police. Notice of the petition shall be served upon
the State's Attorney and upon the arresting authority which
is the subject of the petition for expungement.
(4) Upon entry of an order expunging records or files,
the offense, which the records or files concern shall be
treated as if it never occurred. Law enforcement officers and
other public offices and agencies shall properly reply on
inquiry that no record or file exists with respect to the
person.
(5) Records which have not been expunged are sealed, and
may be obtained only under the provisions of Sections 5-901,
5-905 and 5-915.
(6) Nothing in this Section shall be construed to
prohibit the maintenance of information relating to an
offense after records or files concerning the offense have
been expunged if the information is kept in a manner that
does not enable identification of the offender. This
information may only be used for statistical and bona fide
research purposes.
(705 ILCS 405/6-1) (from Ch. 37, par. 806-1)
Sec. 6-1. Probation departments; functions and duties.
(1) The chief judge of each circuit shall make provision for
probation services for each county in his or her circuit. The
appointment of officers to probation or court services
departments and the administration of such departments shall
be governed by the provisions of Probation and Probation
Officers Act.
(2) Every county or every group of counties constituting
a probation district shall maintain a Court Services or a
Probation Department subject to the provisions of Probation
and Probation Officers Act. For the purposes of this Act
such a Court Services or Probation Department has, but is not
limited to, the following powers and duties:
(a) When authorized or directed by the court, to
receive, investigate and evaluate complaints indicating
dependency, requirement of authoritative intervention,
addiction or delinquency within the meaning of Sections 2-3,
2-4, 3-3, 4-3 or 5-105 5-3, respectively; to determine or
assist the complainant in determining whether a petition
should be filed under Sections 2-13, 3-15, 4-12 or 5-520 5-13
or whether referral should be made to an agency, association
or other person or whether some other action is advisable;
and to see that the indicating filing, referral or other
action is accomplished. However, no such investigation,
evaluation or supervision by such court services or probation
department is to occur with regard to complaints indicating
only that a minor may be a chronic or habitual truant.
(b) When a petition is filed under Section 2-13, 3-15,
4-15 or 5-520 5-13, to make pre-hearing investigations and
formulate recommendations to the court when the court has
authorized or directed the department to do so.
(c) To counsel and, by order of the court, to supervise
minors referred to the court; to conduct indicated programs
of casework, including referrals for medical and mental
health service, organized recreation and job placement for
wards of the court and, when appropriate, for members of the
family of a ward; to act as liaison officer between the court
and agencies or associations to which minors are referred or
through which they are placed; when so appointed, to serve as
guardian of the person of a ward of the court; to provide
probation supervision and protective supervision ordered by
the court; and to provide like services to wards and
probationers of courts in other counties or jurisdictions who
have lawfully become local residents.
(d) To arrange for placements pursuant to court order.
(e) To assume administrative responsibility for such
detention, shelter care and other institutions for minors as
the court may operate.
(f) To maintain an adequate system of case records,
statistical records, and financial records related to
juvenile detention and shelter care and to make reports to
the court and other authorized persons, and to the Supreme
Court pursuant to Probation and Probation Officers Act.
(g) To perform such other services as may be appropriate
to effectuate the purposes of this Act or as may be directed
by any order of court made under this Act.
(3) The Court Services or Probation Department in any
probation district or county having less than 1,000,000
inhabitants, or any personnel of the Department, may be
required by the circuit court to render services to the court
in other matters as well as proceedings under this Act.
(4) In any county or probation district, a Probation
Department may be established as a separate division of a
more inclusive department of court services, with any
appropriate divisional designation. The organization of any
such department of court services and the appointment of
officers and other personnel must comply with Probation and
Probations Officers Act.
(Source: P.A. 86-639; 86-659; 86-1028.)
(705 ILCS 405/6-8) (from Ch. 37, par. 806-8)
Sec. 6-8. Orders on county for care and support. (1)
Whenever a minor has been ordered held in detention or placed
in shelter care under Sections 2-7, 3-9, 4-6 or 5-410 5-7,
the court may order the county to make monthly payments from
the fund established pursuant to Section 6-7 in an amount
necessary for his care and support, but not for a period in
excess of 90 days.
(2) Whenever a ward of the court is placed under Section
2-27, 3-28, 4-25 or 5-740 5-29, the court may order the
county to make monthly payments from the fund established
pursuant to Section 6-7 in an amount necessary for his care
and support to the guardian of the person or legal custodian
appointed under this Act, or to the agency which such
guardian or custodian represents.
(3) The court may, when the health or condition of any
minor subject to this Act requires it, order the minor placed
in a public hospital, institution or agency for treatment or
special care, or in a private hospital, institution or agency
which will receive him without charge to the public
authorities. If such treatment or care cannot be procured
without charge, the court may order the county to pay an
amount for such treatment from the fund established pursuant
to Section 6-7. If the placement is to a hospital or
institution, the amount to be paid shall not exceed that paid
by the county department of public aid for the care of minors
under like conditions, or, if an agency, not more than that
established by the Department of Children and Family Services
for the care of minors under like conditions. On like order,
the county shall pay, from the fund established pursuant to
Section 6-7, medical, surgical, dental, optical and other
fees and expenses which the court finds are not within the
usual scope of charges for the care and support of any minor
provided for under this Section.
(Source: P.A. 85-1235; 85-1443; 86-820.)
(705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
Sec. 6-9. Enforcement of liability of parents and
others.
(1) If parentage is at issue in any proceeding under
this Act, the Illinois Parentage Act of 1984 shall apply and
the court shall enter orders consistent with that Act. If it
appears at any hearing that a parent or any other person
named in the petition, liable under the law for the support
of the minor, is able to contribute to his support, the court
shall enter an order requiring that parent or other person to
pay the clerk of the court, or to the guardian or custodian
appointed under Sections 2-27, 3-28, 4-25 or 5-740 5-29, a
reasonable sum from time to time for the care, support and
necessary special care or treatment, of the minor. If the
court determines at any hearing that a parent or any other
person named in the petition, liable under the law for the
support of the minor, is able to contribute to help defray
the costs associated with the minor's detention in a county
or regional detention center, the court shall enter an order
requiring that parent or other person to pay the clerk of the
court a reasonable sum for the care and support of the minor.
The court may require reasonable security for the payments.
Upon failure to pay, the court may enforce obedience to the
order by a proceeding as for contempt of court. On
application and with the notice as it may direct, the court
may alter the payment or may compromise or waive arrearages
in such a manner as appears reasonable and proper.
If it appears that the person liable for the support of
the minor is able to contribute to legal fees for
representation of the minor, the court shall enter an order
requiring that person to pay a reasonable sum for the
representation, to the attorney providing the representation
or to the clerk of the court for deposit in the appropriate
account or fund. The sum may be paid as the court directs,
and the payment thereof secured and enforced as provided in
this Section for support.
(2) When a person so ordered to pay for the care and
support of a minor is employed for wages, salary or
commission, the court may order him to make the support
payments for which he is liable under this Act out of his
wages, salary or commission and to assign so much thereof as
will pay the support. The court may also order him to make
discovery to the court as to his place of employment and the
amounts earned by him. Upon his failure to obey the orders of
court he may be punished as for contempt of court.
(3) If the minor is a recipient of public aid under the
Illinois Public Aid Code, the court shall order that payments
made by a parent or through assignment of his wages, salary
or commission be made directly to (a) the Illinois Department
of Public Aid if the minor is a recipient of aid under
Article V of the Code, (b) the Department of Human Services
if the minor is a recipient of aid under Article IV of the
Code, or (c) the local governmental unit responsible for the
support of the minor if he is a recipient under Articles VI
or VII of the Code. The order shall permit the Illinois
Department of Public Aid, the Department of Human Services,
or the local governmental unit, as the case may be, to direct
that subsequent payments be made directly to the guardian or
custodian of the minor, or to some other person or agency in
the minor's behalf, upon removal of the minor from the public
aid rolls; and upon such direction and removal of the minor
from the public aid rolls, the Illinois Department of Public
Aid, Department of Human Services, or local governmental
unit, as the case requires, shall give written notice of such
action to the court. Payments received by the Illinois
Department of Public Aid, Department of Human Services, or
local governmental unit are to be covered, respectively, into
the General Revenue Fund of the State Treasury or General
Assistance Fund of the governmental unit, as provided in
Section 10-19 of the Illinois Public Aid Code.
(Source: P.A. 89-507, eff. 7-1-97.)
(705 ILCS 405/6-10) (from Ch. 37, par. 806-10)
Sec. 6-10. State reimbursement of funds.
(a) Before the 15th day of each month, the clerk of the
court shall itemize all payments received by him under
Section 6-9 during the preceding month and shall pay such
amounts to the county treasurer. Before the 20th day of each
month, the county treasurer shall file with the Department of
Children and Family Services an itemized statement of the
amount of money for the care and shelter of a minor placed in
shelter care under Sections 2-7, 3-9, 4-6 or 5-410 5-7 or
placed under Sections 2-27, 3-28, 4-25 or 5-740 5-29 before
July 1, 1980 and after June 30, 1981, paid by the county
during the last preceding month pursuant to court order
entered under Section 6-8, certified by the court, and an
itemized account of all payments received by the clerk of the
court under Section 6-9 during the preceding month and paid
over to the county treasurer, certified by the county
treasurer. The Department of Children and Family Services
shall examine and audit the monthly statement and account,
and upon finding them correct, shall voucher for payment to
the county a sum equal to the amount so paid out by the
county less the amount received by the clerk of the court
under Section 6-9 and paid to the county treasurer but not
more than an amount equal to the current average daily rate
paid by the Department of Children and Family Services for
similar services pursuant to Section 5a of Children and
Family Services Act, approved June 4, 1963, as amended.
Reimbursement to the counties under this Section for care and
support of minors in licensed child caring institutions must
be made by the Department of Children and Family Services
only for care in those institutions which have filed with the
Department a certificate affirming that they admit minors on
the basis of need without regard to race or ethnic origin.
(b) The county treasurer may file with the Department of
Children and Family Services an itemized statement of the
amount of money paid by the county during the last preceding
month pursuant to court order entered under Section 6-8,
certified by the court, and an itemized account of all
payments received by the clerk of the court under Section 6-9
during the preceding month and paid over to the county
treasurer, certified by the county treasurer. The Department
of Children and Family Services shall examine and audit the
monthly statement and account, and upon finding them correct,
shall voucher for payment to the county a sum equal to the
amount so paid out by the county less the amount received by
the clerk of the court under Section 6-9 and paid to the
county treasurer. Subject to appropriations for that
purpose, the State shall reimburse the county for the care
and shelter of a minor placed in detention as a result of any
new provisions that are created by the Juvenile Justice
Reform Provisions of 1998.
(Source: P.A. 85-601.)
(705 ILCS 405/6-12 new)
Sec. 6-12. County juvenile justice councils.
(1) Each county, or group of counties pursuant to an
intergovernmental agreement, in the State of Illinois may
establish a county juvenile justice council ("council").
Each of the following county officers shall designate a
representative to serve on the council: the sheriff, the
State's Attorney, Chief Probation Officer, and the county
board. In addition, the chief judge may designate a
representative to serve on the council.
(a) The council shall organize itself and elect
from its members a chairperson and such officers as are
deemed necessary. Until a chairperson is elected, the
State's Attorney shall serve as interim chairperson.
(b) The chairperson shall appoint additional
members of the council as is deemed necessary to
accomplish the purposes of this Article and whenever
possible shall appoint a local Chief of Police and a
representative of a community youth service provider. The
additional members may include, but are not limited to,
representatives of local law enforcement, juvenile
justice agencies, schools, businesses, and community
organizations.
(c) The county juvenile justice council shall meet
from time to time, but no less than semi-annually, for
the purpose of encouraging the initiation of, or
supporting ongoing, interagency cooperation and programs
to address juvenile delinquency and juvenile crime.
(2) The purpose of a county juvenile justice council is
to provide a forum for the development of a community-based
interagency assessment of the local juvenile justice system,
to develop a county juvenile justice plan for the prevention
of juvenile delinquency, and to make recommendations to the
county board, or county boards, for more effectively
utilizing existing community resources in dealing with
juveniles who are found to be involved in crime, or who are
truant or have been suspended or expelled from school. The
county juvenile justice plan shall include relevant portions
of local crime prevention and public safety plans, school
improvement and school safety plans, and the plans or
initiatives of other public and private entities within the
county that are concerned with dropout prevention, school
safety, the prevention of juvenile crime and criminal
activity by youth gangs.
(3) The duties and responsibilities of the county
juvenile justice council include, but are not limited to:
(a) Developing a county juvenile justice plan based
upon utilization of the resources of law enforcement,
school systems, park programs, sports entities, and
others in a cooperative and collaborative manner to
prevent or discourage juvenile crime.
(b) Entering into a written county interagency
agreement specifying the nature and extent of
contributions each signatory agency will make in
achieving the goals of the county juvenile justice plan
and their commitment to the sharing of information useful
in carrying out the goals of the interagency agreement to
the extent authorized by law.
(c) Applying for and receiving public or private
grants, to be administered by one of the community
partners, that support one or more components of the
county juvenile justice plan.
(d) Providing a forum for the presentation of
interagency recommendations and the resolution of
disagreements relating to the contents of the county
interagency agreement or the performance by the parties
of their respective obligations under the agreement.
(e) Assisting and directing the efforts of local
community support organizations and volunteer groups in
providing enrichment programs and other support services
for clients of local juvenile detention centers.
(f) Developing and making available a county-wide
or multi-county resource guide for minors in need of
prevention, intervention, psycho-social, educational
support, and other services needed to prevent juvenile
delinquency.
(4) The council shall have no role in the charging or
prosecution of juvenile offenders.
(705 ILCS 405/1-8.1 rep.)
(705 ILCS 405/1-8.2 rep.)
(705 ILCS 405/1-10 rep.)
(705 ILCS 405/1-14 rep.)
(705 ILCS 405/5-1 rep.)
(705 ILCS 405/5-2 rep.)
(705 ILCS 405/5-3 rep.)
(705 ILCS 405/5-4 rep.)
(705 ILCS 405/5-5 rep.)
(705 ILCS 405/5-6 rep.)
(705 ILCS 405/5-7 rep.)
(705 ILCS 405/5-8 rep.)
(705 ILCS 405/5-9 rep.)
(705 ILCS 405/5-10 rep.)
(705 ILCS 405/5-10.5 rep.)
(705 ILCS 405/5-11 rep.)
(705 ILCS 405/5-12 rep.)
(705 ILCS 405/5-13 rep.)
(705 ILCS 405/5-14 rep.)
(705 ILCS 405/5-15 rep.)
(705 ILCS 405/5-16 rep.)
(705 ILCS 405/5-17 rep.)
(705 ILCS 405/5-18 rep.)
(705 ILCS 405/5-19 rep.)
(705 ILCS 405/5-20 rep.)
(705 ILCS 405/5-21 rep.)
(705 ILCS 405/5-22 rep.)
(705 ILCS 405/5-23 rep.)
(705 ILCS 405/5-24 rep.)
(705 ILCS 405/5-25 rep.)
(705 ILCS 405/5-26 rep.)
(705 ILCS 405/5-27 rep.)
(705 ILCS 405/5-28 rep.)
(705 ILCS 405/5-29 rep.)
(705 ILCS 405/5-30 rep.)
(705 ILCS 405/5-31 rep.)
(705 ILCS 405/5-32 rep.)
(705 ILCS 405/5-33 rep.)
(705 ILCS 405/5-34 rep.)
Section 2001-15. The Juvenile Court Act of 1987 is
amended by repealing Sections 1-8.1, 1-8.2, 1-10, 1-14, 5-1,
5-2, 5-3, 5-4, 5-5, 5-6, 5-7, 5-8, 5-9, 5-10, 5-10.5, 5-11,
5-12, 5-13, 5-14, 5-15, 5-16, 5-17, 5-18, 5-19, 5-20, 5-21,
5-22, 5-23, 5-24, 5-25, 5-26, 5-27, 5-28, 5-29, 5-30, 5-31,
5-32, 5-33, and 5-34.
Section 2001-20. The Criminal Code of 1961 is amended by
changing Section 12-18 as follows:
(720 ILCS 5/12-18) (from Ch. 38, par. 12-18)
Sec. 12-18. General Provisions.
(a) No person accused of violating Sections 12-13,
12-14, 12-15 or 12-16 of this Code shall be presumed to be
incapable of committing an offense prohibited by Sections
12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code because of
age, physical condition or relationship to the victim, except
as otherwise provided in subsection (c) of this Section.
Nothing in this Section shall be construed to modify or
abrogate the affirmative defense of infancy under Section 6-1
of this Code or the provisions of Section 5-805 5-4 of the
Juvenile Court Act of 1987.
(b) Any medical examination or procedure which is
conducted by a physician, nurse, medical or hospital
personnel, parent, or caretaker for purposes and in a manner
consistent with reasonable medical standards is not an
offense under Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16
of this Code.
(c) Prosecution of a spouse of a victim under this
subsection for any violation by the victim's spouse of
Section 12-13, 12-14, 12-15 or 12-16 of this Code is barred
unless the victim reported such offense to a law enforcement
agency or the State's Attorney's office within 30 days after
the offense was committed, except when the court finds good
cause for the delay.
(d) In addition to the sentences provided for in
Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the
Criminal Code of 1961 the Court may order any person who is
convicted of violating any of those Sections to meet all or
any portion of the financial obligations of treatment,
including but not limited to medical, psychiatric,
rehabilitative or psychological treatment, prescribed for the
victim or victims of the offense.
(e) After a finding at a preliminary hearing that there
is probable cause to believe that an accused has committed a
violation of Section 12-13, 12-14, or 12-14.1 of this Code,
or after an indictment is returned charging an accused with a
violation of Section 12-13, 12-14, or 12-14.1 of this Code,
at the request of the person who was the victim of the
violation of Section 12-13, 12-14, or 12-14.1, the
prosecuting State's attorney shall seek an order from the
court to compel the accused to be tested for infection with
human immunodeficiency virus (HIV). The medical test shall
be performed only by appropriately licensed medical
practitioners, and shall consist of an enzyme-linked
immunosorbent assay (ELISA) test, or such other test as may
be approved by the Illinois Department of Public Health; in
the event of a positive result, the Western Blot Assay or a
more reliable confirmatory test shall be administered. The
results of the test shall be kept strictly confidential by
all medical personnel involved in the testing and must be
personally delivered in a sealed envelope to the victim and
to the judge who entered the order, for the judge's
inspection in camera. Acting in accordance with the best
interests of the victim and the public, the judge shall have
the discretion to determine to whom, if anyone, the result of
the testing may be revealed; however, in no case shall the
identity of the victim be disclosed. The court shall order
that the cost of the test shall be paid by the county, and
may be taxed as costs against the accused if convicted.
(Source: P.A. 88-421; 89-428, eff. 12-13-95; 89-462, eff.
5-29-96.)
Section 2001-25. The Code of Criminal Procedure of 1963
is amended by changing Sections 111-2 and 112A-2 as follows:
(725 ILCS 5/111-2) (from Ch. 38, par. 111-2)
Sec. 111-2. Commencement of prosecutions. (a) All
prosecutions of felonies shall be by information or by
indictment. No prosecution may be pursued by information
unless a preliminary hearing has been held or waived in
accordance with Section 109-3 and at that hearing probable
cause to believe the defendant committed an offense was
found, and the provisions of Section 109-3.1 of this Code
have been complied with.
(b) All other prosecutions may be by indictment,
information or complaint.
(c) Upon the filing of an information or indictment in
open court charging the defendant with the commission of a
sex offense defined in any Section of Article 11 of the
Criminal Code of 1961, as amended, and a minor as defined in
Section 1-3 of the Juvenile Court Act of 1987, as amended, is
alleged to be the victim of the commission of the acts of the
defendant in the commission of such offense, the court may
appoint a guardian ad litem for the minor as provided in
Section 2-17, 3-19, 4-16 or 5-610 5-17 of the Juvenile Court
Act of 1987.
(d) Upon the filing of an information or indictment in
open court, the court shall immediately issue a warrant for
the arrest of each person charged with an offense directed to
a peace officer or some other person specifically named
commanding him to arrest such person.
(e) When the offense is bailable, the judge shall
endorse on the warrant the amount of bail required by the
order of the court, and if the court orders the process
returnable forthwith, the warrant shall require that the
accused be arrested and brought immediately into court.
(f) Where the prosecution of a felony is by information
or complaint after preliminary hearing, or after a waiver of
preliminary hearing in accordance with paragraph (a) of this
Section, such prosecution may be for all offenses, arising
from the same transaction or conduct of a defendant even
though the complaint or complaints filed at the preliminary
hearing charged only one or some of the offenses arising from
that transaction or conduct.
(Source: P.A. 85-1209.)
(725 ILCS 5/112A-2) (from Ch. 38, par. 112A-2)
Sec. 112A-2. Commencement of Actions.
(a) Actions for orders of protection are commenced in
conjunction with a delinquency petition or a criminal
prosecution by filing a petition for an order of protection,
under the same case number as the delinquency petition or the
criminal prosecution, to be granted during pre-trial release
of a defendant, with any dispositional order issued under
Section 5-710 5-23 of the Juvenile Court Act of 1987, or as a
condition of release, supervision, conditional discharge,
probation, periodic imprisonment, parole or mandatory
supervised release, or in conjunction with imprisonment or a
bond forfeiture warrant, provided that:
(i) the violation is alleged in an information,
complaint, indictment or delinquency petition on file,
and the alleged offender and victim are family or
household members; and
(ii) the petition, which is filed by the State's
Attorney, names a victim of the alleged crime as a
petitioner.
(b) Withdrawal or dismissal of any petition for an order
of protection prior to adjudication where the petitioner is
represented by the state shall operate as a dismissal without
prejudice.
(c) Voluntary dismissal or withdrawal of any delinquency
petition or criminal prosecution or a finding of not guilty
shall not require dismissal of the action for the order of
protection; instead, in the discretion of the State's
Attorney, it may be treated as an independent action and, if
necessary and appropriate, transferred to a different court
or division. Dismissal of any delinquency petition or
criminal prosecution shall not affect the validity of any
previously issued order of protection, and thereafter
subsection (b) of Section 112A-20 shall be inapplicable to
that order.
(Source: P.A. 86-1300; 87-443; 87-1186.)
Section 2001-30. The Bill of Rights for Children is
amended by changing Section 3 as follows:
(725 ILCS 115/3) (from Ch. 38, par. 1353)
Sec. 3. Rights to present child impact statement.
(a) In any case where a defendant has been convicted of
a violent crime involving a child or a juvenile has been
adjudicated a delinquent for any offense defined in Sections
12-13 through 12-16 of the Criminal Code of 1961, except
those in which both parties have agreed to the imposition of
a specific sentence, and a parent or legal guardian of the
child involved is present in the courtroom at the time of the
sentencing or the disposition hearing, the parent or legal
guardian upon his or her request shall have the right to
address the court regarding the impact which the defendant's
criminal conduct or the juvenile's delinquent conduct has had
upon the child. If the parent or legal guardian chooses to
exercise this right, the impact statement must have been
prepared in writing in conjunction with the Office of the
State's Attorney prior to the initial hearing or sentencing,
before it can be presented orally at the sentencing hearing.
The court shall consider any statements made by the parent or
legal guardian, along with all other appropriate factors in
determining the sentence of the defendant or disposition of
such juvenile.
(b) The crime victim has the right to prepare a victim
impact statement and present it to the office of the State's
Attorney at any time during the proceedings.
(c) This Section shall apply to any child victims of any
offense defined in Sections 12-13 through 12-16 of the
Criminal Code of 1961 during any dispositional hearing under
Section 5-705 5-22 of the Juvenile Court Act of 1987 which
takes place pursuant to an adjudication of delinquency for
any such offense.
(Source: P.A. 88-489.)
Section 2001-35. The Rights of Crime Victims and
Witnesses Act is amended by changing Section 6 as follows:
(725 ILCS 120/6) (from Ch. 38, par. 1406)
Sec. 6. Rights to present victim impact statement.
(a) In any case where a defendant has been convicted of
a violent crime or a juvenile has been adjudicated a
delinquent for a violent crime except those in which both
parties have agreed to the imposition of a specific sentence,
and a victim of the violent crime is present in the courtroom
at the time of the sentencing or the disposition hearing, the
victim upon his or her request shall have the right to
address the court regarding the impact which the defendant's
criminal conduct or the juvenile's delinquent conduct has had
upon the victim. If the victim chooses to exercise this
right, the impact statement must have been prepared in
writing in conjunction with the Office of the State's
Attorney prior to the initial hearing or sentencing, before
it can be presented orally or in writing at the sentencing
hearing. In conjunction with the Office of the State's
Attorney, a victim impact statement that is presented orally
may be done so by the victim or his or her representative.
The court shall consider any statements made by the victim,
along with all other appropriate factors in determining the
sentence of the defendant or disposition of such juvenile.
(b) The crime victim has the right to prepare a victim
impact statement and present it to the Office of the State's
Attorney at any time during the proceedings.
(c) This Section shall apply to any victims of a violent
crime during any dispositional hearing under Section 5-705
5-22 of the Juvenile Court Act of 1987 which takes place
pursuant to an adjudication of delinquency for any such
offense.
(Source: P.A. 88-489; 88-680, eff. 1-1-95; 89-546, eff.
1-1-97.)
Section 2001-40. The Unified Code of Corrections is
amended by changing Sections 3-2-2, 3-2-5, 3-3-3, 3-3-4,
3-3-8, 3-6-2, 3-10-7, 3-15-2, and 5-3-4 as follows:
(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
Sec. 3-2-2. Powers and Duties of the Department.
(1) In addition to the powers, duties and
responsibilities which are otherwise provided by law, the
Department shall have the following powers:
(a) To accept persons committed to it by the courts of
this State for care, custody, treatment and rehabilitation.
(b) To develop and maintain reception and evaluation
units for purposes of analyzing the custody and
rehabilitation needs of persons committed to it and to assign
such persons to institutions and programs under its control
or transfer them to other appropriate agencies. In
consultation with the Department of Alcoholism and Substance
Abuse (now the Department of Human Services), the Department
of Corrections shall develop a master plan for the screening
and evaluation of persons committed to its custody who have
alcohol or drug abuse problems, and for making appropriate
treatment available to such persons; the Department shall
report to the General Assembly on such plan not later than
April 1, 1987. The maintenance and implementation of such
plan shall be contingent upon the availability of funds.
(b-5) To develop, in consultation with the Department of
State Police, a program for tracking and evaluating each
inmate from commitment through release for recording his or
her gang affiliations, activities, or ranks.
(c) To maintain and administer all State correctional
institutions and facilities under its control and to
establish new ones as needed. Pursuant to its power to
establish new institutions and facilities, the Department
may, with the written approval of the Governor, authorize the
Department of Central Management Services to enter into an
agreement of the type described in subsection (d) of Section
67.02 of the Civil Administrative Code of Illinois. The
Department shall designate those institutions which shall
constitute the State Penitentiary System.
Pursuant to its power to establish new institutions and
facilities, the Department may authorize the Department of
Central Management Services to accept bids from counties and
municipalities for the construction, remodeling or conversion
of a structure to be leased to the Department of Corrections
for the purposes of its serving as a correctional institution
or facility. Such construction, remodeling or conversion may
be financed with revenue bonds issued pursuant to the
Industrial Building Revenue Bond Act by the municipality or
county. The lease specified in a bid shall be for a term of
not less than the time needed to retire any revenue bonds
used to finance the project, but not to exceed 40 years. The
lease may grant to the State the option to purchase the
structure outright.
Upon receipt of the bids, the Department may certify one
or more of the bids and shall submit any such bids to the
General Assembly for approval. Upon approval of a bid by a
constitutional majority of both houses of the General
Assembly, pursuant to joint resolution, the Department of
Central Management Services may enter into an agreement with
the county or municipality pursuant to such bid.
(c-5) To build and maintain regional juvenile detention
centers and to charge a per diem to the counties as
established by the Department to defray the costs of housing
each minor in a center. In this subsection (c-5), "juvenile
detention center" means a facility to house minors during
pendency of trial who have been transferred from proceedings
under the Juvenile Court Act of 1987 to prosecutions under
the criminal laws of this State in accordance with Section
5-805 5-4 of the Juvenile Court Act of 1987, whether the
transfer was by operation of law or permissive under that
Section. The Department shall designate the counties to be
served by each regional juvenile detention center.
(d) To develop and maintain programs of control,
rehabilitation and employment of committed persons within its
institutions.
(e) To establish a system of supervision and guidance of
committed persons in the community.
(f) To establish in cooperation with the Department of
Transportation to supply a sufficient number of prisoners for
use by the Department of Transportation to clean up the trash
and garbage along State, county, township, or municipal
highways as designated by the Department of Transportation.
The Department of Corrections, at the request of the
Department of Transportation, shall furnish such prisoners at
least annually for a period to be agreed upon between the
Director of Corrections and the Director of Transportation.
The prisoners used on this program shall be selected by the
Director of Corrections on whatever basis he deems proper in
consideration of their term, behavior and earned eligibility
to participate in such program - where they will be outside
of the prison facility but still in the custody of the
Department of Corrections. Prisoners convicted of first
degree murder, or a Class X felony, or armed violence, or
aggravated kidnapping, or criminal sexual assault,
aggravated criminal sexual abuse or a subsequent conviction
for criminal sexual abuse, or forcible detention, or arson,
or a prisoner adjudged a Habitual Criminal shall not be
eligible for selection to participate in such program. The
prisoners shall remain as prisoners in the custody of the
Department of Corrections and such Department shall furnish
whatever security is necessary. The Department of
Transportation shall furnish trucks and equipment for the
highway cleanup program and personnel to supervise and direct
the program. Neither the Department of Corrections nor the
Department of Transportation shall replace any regular
employee with a prisoner.
(g) To maintain records of persons committed to it and
to establish programs of research, statistics and planning.
(h) To investigate the grievances of any person
committed to the Department, to inquire into any alleged
misconduct by employees or committed persons, and to
investigate the assets of committed persons to implement
Section 3-7-6 of this Code; and for these purposes it may
issue subpoenas and compel the attendance of witnesses and
the production of writings and papers, and may examine under
oath any witnesses who may appear before it; to also
investigate alleged violations of a parolee's or releasee's
conditions of parole or release; and for this purpose it may
issue subpoenas and compel the attendance of witnesses and
the production of documents only if there is reason to
believe that such procedures would provide evidence that such
violations have occurred.
If any person fails to obey a subpoena issued under this
subsection, the Director may apply to any circuit court to
secure compliance with the subpoena. The failure to comply
with the order of the court issued in response thereto shall
be punishable as contempt of court.
(i) To appoint and remove the chief administrative
officers, and administer programs of training and development
of personnel of the Department. Personnel assigned by the
Department to be responsible for the custody and control of
committed persons or to investigate the alleged misconduct of
committed persons or employees or alleged violations of a
parolee's or releasee's conditions of parole shall be
conservators of the peace for those purposes, and shall have
the full power of peace officers outside of the facilities of
the Department in the protection, arrest, retaking and
reconfining of committed persons or where the exercise of
such power is necessary to the investigation of such
misconduct or violations.
(j) To cooperate with other departments and agencies and
with local communities for the development of standards and
programs for better correctional services in this State.
(k) To administer all moneys and properties of the
Department.
(l) To report annually to the Governor on the committed
persons, institutions and programs of the Department.
(l-5) In a confidential annual report to the Governor,
the Department shall identify all inmate gangs by specifying
each current gang's name, population and allied gangs. The
Department shall further specify the number of top leaders
identified by the Department for each gang during the past
year, and the measures taken by the Department to segregate
each leader from his or her gang and allied gangs. The
Department shall further report the current status of leaders
identified and segregated in previous years. All leaders
described in the report shall be identified by inmate number
or other designation to enable tracking, auditing, and
verification without revealing the names of the leaders.
Because this report contains law enforcement intelligence
information collected by the Department, the report is
confidential and not subject to public disclosure.
(m) To make all rules and regulations and exercise all
powers and duties vested by law in the Department.
(n) To establish rules and regulations for administering
a system of good conduct credits, established in accordance
with Section 3-6-3, subject to review by the Prisoner Review
Board.
(o) To administer the distribution of funds from the
State Treasury to reimburse counties where State penal
institutions are located for the payment of assistant state's
attorneys' salaries under Section 4-2001 of the Counties
Code.
(p) To exchange information with the Department of Human
Services and the Illinois Department of Public Aid for the
purpose of verifying living arrangements and for other
purposes directly connected with the administration of this
Code and the Illinois Public Aid Code.
(q) To establish a diversion program.
The program shall provide a structured environment for
selected technical parole or mandatory supervised release
violators and committed persons who have violated the rules
governing their conduct while in work release. This program
shall not apply to those persons who have committed a new
offense while serving on parole or mandatory supervised
release or while committed to work release.
Elements of the program shall include, but shall not be
limited to, the following:
(1) The staff of a diversion facility shall provide
supervision in accordance with required objectives set by
the facility.
(2) Participants shall be required to maintain
employment.
(3) Each participant shall pay for room and board
at the facility on a sliding-scale basis according to the
participant's income.
(4) Each participant shall:
(A) provide restitution to victims in
accordance with any court order;
(B) provide financial support to his
dependents; and
(C) make appropriate payments toward any other
court-ordered obligations.
(5) Each participant shall complete community
service in addition to employment.
(6) Participants shall take part in such
counseling, educational and other programs as the
Department may deem appropriate.
(7) Participants shall submit to drug and alcohol
screening.
(8) The Department shall promulgate rules governing
the administration of the program.
(r) To enter into intergovernmental cooperation
agreements under which persons in the custody of the
Department may participate in a county impact incarceration
program established under Section 3-6038 or 3-15003.5 of the
Counties Code.
(r-5) To enter into intergovernmental cooperation
agreements under which minors adjudicated delinquent and
committed to the Department of Corrections, Juvenile
Division, may participate in a county juvenile impact
incarceration program established under Section 3-6039 of the
Counties Code.
(r-10) To systematically and routinely identify with
respect to each streetgang active within the correctional
system: (1) each active gang; (2) every existing inter-gang
affiliation or alliance; and (3) the current leaders in each
gang. The Department shall promptly segregate leaders from
inmates who belong to their gangs and allied gangs.
"Segregate" means no physical contact and, to the extent
possible under the conditions and space available at the
correctional facility, prohibition of visual and sound
communication. For the purposes of this paragraph (r-10),
"leaders" means persons who:
(i) are members of a criminal streetgang;
(ii) with respect to other individuals within the
streetgang, occupy a position of organizer, supervisor,
or other position of management or leadership; and
(iii) are actively and personally engaged in
directing, ordering, authorizing, or requesting
commission of criminal acts by others, which are
punishable as a felony, in furtherance of streetgang
related activity both within and outside of the
Department of Corrections.
"Streetgang", "gang", and "streetgang related" have the
meanings ascribed to them in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(s) To operate a super-maximum security institution, in
order to manage and supervise inmates who are disruptive or
dangerous and provide for the safety and security of the
staff and the other inmates.
(t) To monitor any unprivileged conversation or any
unprivileged communication, whether in person or by mail,
telephone, or other means, between an inmate who, before
commitment to the Department, was a member of an organized
gang and any other person without the need to show cause or
satisfy any other requirement of law before beginning the
monitoring, except as constitutionally required. The
monitoring may be by video, voice, or other method of
recording or by any other means. As used in this subdivision
(1)(t), "organized gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
As used in this subdivision (1)(t), "unprivileged
conversation" or "unprivileged communication" means a
conversation or communication that is not protected by any
privilege recognized by law or by decision, rule, or order of
the Illinois Supreme Court.
(u) To do all other acts necessary to carry out the
provisions of this Chapter.
(2) The Department of Corrections shall by January 1,
1998, consider building and operating a correctional facility
within 100 miles of a county of over 2,000,000 inhabitants,
especially a facility designed to house juvenile participants
in the impact incarceration program.
(Source: P.A. 89-110, eff. 1-1-96; 89-302, eff. 8-11-95;
89-312, eff. 8-11-95; 89-390, eff. 8-20-95; 89-507, eff.
7-1-97; 89-626, eff. 8-9-96; 89-688, eff. 6-1-97; 89-689,
eff. 12-31-96; 90-14, eff. 7-1-97.)
(730 ILCS 5/3-2-5) (from Ch. 38, par. 1003-2-5)
Sec. 3-2-5. Organization of the Department. (a) There
shall be an Adult Division within the Department which shall
be administered by an Assistant Director appointed by the
Governor under The Civil Administrative Code of Illinois. The
Assistant Director shall be under the direction of the
Director. The Adult Division shall be responsible for all
persons committed or transferred to the Department under
Sections 3-10-7 or 5-8-6 of this Code.
(b) There shall be a Juvenile Division within the
Department which shall be administered by an Assistant
Director appointed by the Governor under The Civil
Administrative Code of Illinois. The Assistant Director shall
be under the direction of the Director. The Juvenile Division
shall be responsible for all persons committed to the
Juvenile Division of the Department under Section 5-8-6 of
this Code or Section 5-10 of the Juvenile Court Act or
Section 5-750 5-33 of the Juvenile Court Act of 1987.
(Source: P.A. 85-1209.)
(730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
Sec. 3-3-3. Eligibility for Parole or Release. (a) Except
for those offenders who accept the fixed release date
established by the Prisoner Review Board under Section
3-3-2.1, every person serving a term of imprisonment under
the law in effect prior to the effective date of this
amendatory Act of 1977 shall be eligible for parole when he
has served:
(1) the minimum term of an indeterminate sentence less
time credit for good behavior, or 20 years less time credit
for good behavior, whichever is less; or
(2) 20 years of a life sentence less time credit for
good behavior; or
(3) 20 years or one-third of a determinate sentence,
whichever is less, less time credit for good behavior.
(b) No person sentenced under this amendatory Act of
1977 or who accepts a release date under Section 3-3-2.1
shall be eligible for parole.
(c) Except for those sentenced to a term of natural life
imprisonment, every person sentenced to imprisonment under
this amendatory Act of 1977 or given a release date under
Section 3-3-2.1 of this Act shall serve the full term of a
determinate sentence less time credit for good behavior and
shall then be released under the mandatory supervised release
provisions of paragraph (d) of Section 5-8-1 of this Code.
(d) No person serving a term of natural life
imprisonment may be paroled or released except through
executive clemency.
(e) Every person committed to the Juvenile Division
under Section 5-10 of the Juvenile Court Act or Section 5-750
5-33 of the Juvenile Court Act of 1987 or Section 5-8-6 of
this Code and confined in the State correctional institutions
or facilities if such juvenile has not been tried as an adult
shall be eligible for parole without regard to the length of
time the person has been confined or whether the person has
served any minimum term imposed. However, if a juvenile has
been tried as an adult he shall only be eligible for parole
or mandatory supervised release as an adult under this
Section.
(Source: P.A. 85-1209.)
(730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
Sec. 3-3-4. Preparation for Parole Hearing. (a) The
Prisoner Review Board shall consider the parole of each
eligible person committed to the Adult Division at least 30
days prior to the date he shall first become eligible for
parole, and shall consider the parole of each person
committed to the Juvenile Division as a delinquent at least
30 days prior to the expiration of the first year of
confinement.
(b) A person eligible for parole shall, in advance of
his parole hearing, prepare a parole plan in accordance with
the rules of the Prisoner Review Board. The person shall be
assisted in preparing his parole plan by personnel of the
Department and may, for this purpose, be released on furlough
under Article 11 or on authorized absence under Section
3-9-4. The Department shall also provide assistance in
obtaining information and records helpful to the individual
for his parole hearing.
(c) The members of the Board shall have access at all
reasonable times to any committed person and to his master
record file within the Department, and the Department shall
furnish such reports to the Board as the Board may require
concerning the conduct and character of any such person.
(d) In making its determination of parole, the Board
shall consider:
(1) material transmitted to the Department by the clerk
of the committing court under Section 5-4-1 or Section 5-10
of the Juvenile Court Act or Section 5-750 5-33 of the
Juvenile Court Act of 1987;
(2) the report under Section 3-8-2 or 3-10-2;
(3) a report by the Department and any report by the
chief administrative officer of the institution or facility;
(4) a parole progress report;
(5) a medical and psychological report, if requested by
the Board;
(6) material in writing, or on film, video tape or other
electronic means in the form of a recording submitted by the
person whose parole is being considered; and
(7) material in writing, or on film, video tape or other
electronic means in the form of a recording or testimony
submitted by the State's Attorney and the victim pursuant to
the Bill of Rights for Victims and Witnesses of Violent Crime
Act.
(e) The prosecuting State's Attorney's office shall
receive reasonable written notice not less than 15 days prior
to the parole hearing and may submit relevant information in
writing, or on film, video tape or other electronic means or
in the form of a recording to the Board for its
consideration. The State's Attorney may waive the written
notice.
(f) The victim of the violent crime for which the
prisoner has been sentenced shall receive notice of a parole
hearing as provided in paragraph (16) of Section 4 of the
Bill of Rights for Victims and Witnesses of Violent Crime
Act.
(g) Any recording considered under the provisions of
subsection (d)(6), (d)(7) or (e) of this Section shall be in
the form designated by the Board. Such recording shall be
both visual and aural. Every voice on the recording and
person present shall be identified and the recording shall
contain either a visual or aural statement of the person
submitting such recording, the date of the recording and the
name of the person whose parole eligibility is being
considered. Such recordings, if retained by the Board shall
be deemed to be submitted at any subsequent parole hearing if
the victim or State's Attorney submits in writing a
declaration clearly identifying such recording as
representing the present position of the victim or State's
Attorney regarding the issues to be considered at the parole
hearing.
(Source: P.A. 86-642.)
(730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
Sec. 3-3-8. Length of parole and mandatory supervised
release; discharge.)
(a) The length of parole for a person sentenced under
the law in effect prior to the effective date of this
amendatory Act of 1977 and the length of mandatory supervised
release for those sentenced under the law in effect on and
after such effective date shall be as set out in Section
5-8-1 unless sooner terminated under paragraph (b) of this
Section. The parole period of a juvenile committed to the
Department under the Juvenile Court Act or the Juvenile Court
Act of 1987 shall extend until he is 21 years of age unless
sooner terminated under paragraph (b) of this Section.
(b) The Prisoner Review Board may enter an order
releasing and discharging one from parole or mandatory
supervised release, and his commitment to the Department,
when it determines that he is likely to remain at liberty
without committing another offense.
(c) The order of discharge shall become effective upon
entry of the order of the Board. The Board shall notify the
clerk of the committing court of the order. Upon receipt of
such copy, the clerk shall make an entry on the record
judgment that the sentence or commitment has been satisfied
pursuant to the order.
(d) Rights of the person discharged under this Section
shall be restored under Section 5-5-5. This Section is
subject to Section 5-750 5-33 of the Juvenile Court Act of
1987.
(Source: P.A. 85-1209.)
(730 ILCS 5/3-6-2) (from Ch. 38, par. 1003-6-2)
Sec. 3-6-2. Institutions and Facility Administration.
(a) Each institution and facility of the Department
shall be administered by a chief administrative officer
appointed by the Director. A chief administrative officer
shall be responsible for all persons assigned to the
institution or facility. The chief administrative officer
shall administer the programs of the Department for the
custody and treatment of such persons.
(b) The chief administrative officer shall have such
assistants as the Department may assign.
(c) The Director or Assistant Director shall have the
emergency powers to temporarily transfer individuals without
formal procedures to any State, county, municipal or regional
correctional or detention institution or facility in the
State, subject to the acceptance of such receiving
institution or facility, or to designate any reasonably
secure place in the State as such an institution or facility
and to make transfers thereto. However, transfers made under
emergency powers shall be reviewed as soon as practicable
under Article 8, and shall be subject to Section 5-905 1-7 of
the Juvenile Court Act of 1987. This Section shall not apply
to transfers to the Department of Human Services which are
provided for under Section 3-8-5 or Section 3-10-5.
(d) The Department shall provide educational programs
for all committed persons so that all persons have an
opportunity to attain the achievement level equivalent to the
completion of the twelfth grade in the public school system
in this State. Other higher levels of attainment shall be
encouraged and professional instruction shall be maintained
wherever possible. The Department may establish programs of
mandatory education and may establish rules and regulations
for the administration of such programs. A person committed
to the Department who, during the period of his or her
incarceration, participates in an educational program
provided by or through the Department and through that
program is awarded or earns the number of hours of credit
required for the award of an associate, baccalaureate, or
higher degree from a community college, college, or
university located in Illinois shall reimburse the State,
through the Department, for the costs incurred by the State
in providing that person during his or her incarceration with
the education that qualifies him or her for the award of that
degree. The costs for which reimbursement is required under
this subsection shall be determined and computed by the
Department under rules and regulations that it shall
establish for that purpose. However, interest at the rate of
6% per annum shall be charged on the balance of those costs
from time to time remaining unpaid, from the date of the
person's parole, mandatory supervised release, or release
constituting a final termination of his or her commitment to
the Department until paid.
(e) A person committed to the Department who becomes in
need of medical or surgical treatment but is incapable of
giving consent thereto shall receive such medical or surgical
treatment by the chief administrative officer consenting on
the person's behalf. Before the chief administrative officer
consents, he or she shall obtain the advice of one or more
physicians licensed to practice medicine in all its branches
in this State. If such physician or physicians advise:
(1) that immediate medical or surgical treatment is
required relative to a condition threatening to cause
death, damage or impairment to bodily functions, or
disfigurement; and
(2) that the person is not capable of giving
consent to such treatment; the chief administrative
officer may give consent for such medical or surgical
treatment, and such consent shall be deemed to be the
consent of the person for all purposes, including, but
not limited to, the authority of a physician to give such
treatment.
(f) In the event that the person requires medical care
and treatment at a place other than the institution or
facility, the person may be removed therefrom under
conditions prescribed by the Department. The Department shall
require the committed person receiving medical or dental
services on a non-emergency basis to pay a $2 co-payment to
the Department for each visit for medical or dental services
at a place other than the institution or facility. The
amount of each co-payment shall be deducted from the
committed person's individual account. A committed person who
is indigent is exempt from the $2 co-payment and is entitled
to receive medical or dental services on the same basis as a
committed person who is financially able to afford the
co-payment.
(g) Any person having sole custody of a child at the
time of commitment or any woman giving birth to a child after
her commitment, may arrange through the Department of
Children and Family Services for suitable placement of the
child outside of the Department of Corrections. The Director
of the Department of Corrections may determine that there are
special reasons why the child should continue in the custody
of the mother until the child is 6 years old.
(h) The Department may provide Family Responsibility
Services which may consist of, but not be limited to the
following:
(1) family advocacy counseling;
(2) parent self-help group;
(3) parenting skills training;
(4) parent and child overnight program;
(5) parent and child reunification counseling,
either separately or together, preceding the inmate's
release; and
(6) a prerelease reunification staffing involving
the family advocate, the inmate and the child's
counselor, or both and the inmate.
(i) Prior to the release of any inmate who has a
documented history of intravenous drug use, and upon the
receipt of that inmate's written informed consent, the
Department shall provide for the testing of such inmate for
infection with human immunodeficiency virus (HIV) and any
other identified causative agent of acquired immunodeficiency
syndrome (AIDS). The testing provided under this subsection
shall consist of an enzyme-linked immunosorbent assay (ELISA)
test or such other test as may be approved by the Illinois
Department of Public Health. If the test result is positive,
the Western Blot Assay or more reliable confirmatory test
shall be administered. All inmates tested in accordance with
the provisions of this subsection shall be provided with
pre-test and post-test counseling. Notwithstanding any
provision of this subsection to the contrary, the Department
shall not be required to conduct the testing and counseling
required by this subsection unless sufficient funds to cover
all costs of such testing and counseling are appropriated for
that purpose by the General Assembly.
(Source: P.A. 89-507, eff. 7-1-97; 89-659, eff. 1-1-97;
90-14, eff. 7-1-97.)
(730 ILCS 5/3-10-7) (from Ch. 38, par. 1003-10-7)
Sec. 3-10-7. Interdivisional Transfers. (a) In any case
where a minor was originally prosecuted under the provisions
of the Criminal Code of 1961, as amended, and sentenced under
the provisions of this Act pursuant to Section 2-7 of the
Juvenile Court Act or Section 5-805 5-4 of the Juvenile Court
Act of 1987 and committed to the Juvenile Division under
Section 5-8-6, the Department of Corrections shall, within 30
days of the date that the minor reaches the age of 17, send
formal notification to the sentencing court and the State's
Attorney of the county from which the minor was sentenced
indicating the day upon which the minor offender will achieve
the age of 17. Within 90 days of receipt of that notice, the
sentencing court shall conduct a hearing, pursuant to the
provisions of subsection (c) of this Section to determine
whether or not the minor shall continue to remain under the
auspices of the Juvenile Division or be transferred to the
Adult Division of the Department of Corrections.
The minor shall be served with notice of the date of the
hearing, shall be present at the hearing, and has the right
to counsel at the hearing. The minor, with the consent of
his or her counsel or guardian may waive his presence at
hearing.
(b) Unless sooner paroled under Section 3-3-3, the
confinement of a minor person committed for an indeterminate
sentence in a criminal proceeding shall terminate at the
expiration of the maximum term of imprisonment, and he shall
thereupon be released to serve a period of parole under
Section 5-8-1, but if the maximum term of imprisonment does
not expire until after his 21st birthday, he shall continue
to be subject to the control and custody of the Department,
and on his 21st birthday, he shall be transferred to the
Adult Division. If such person is on parole on his 21st
birthday, his parole supervision may be transferred to the
Adult Division.
(c) Any interdivisional transfer hearing conducted
pursuant to subsection (a) of this Section shall consider all
available information which may bear upon the issue of
transfer. All evidence helpful to the court in determining
the question of transfer, including oral and written reports
containing hearsay, may be relied upon to the extent of its
probative value, even though not competent for the purposes
of an adjudicatory hearing. The court shall consider, along
with any other relevant matter, the following:
1. The nature of the offense for which the minor was
found guilty and the length of the sentence the minor has to
serve and the record and previous history of the minor.
2. The record of the minor's adjustment within the
Department of Corrections' Juvenile Division, including, but
not limited to, reports from the minor's counselor, any
escapes, attempted escapes or violent or disruptive conduct
on the part of the minor, any tickets received by the minor,
summaries of classes attended by the minor, and any record of
work performed by the minor while in the institution.
3. The relative maturity of the minor based upon the
physical, psychological and emotional development of the
minor.
4. The record of the rehabilitative progress of the
minor and an assessment of the vocational potential of the
minor.
5. An assessment of the necessity for transfer of the
minor, including, but not limited to, the availability of
space within the Department of Corrections, the disciplinary
and security problem which the minor has presented to the
Juvenile Division and the practicability of maintaining the
minor in a juvenile facility, whether resources have been
exhausted within the Juvenile Division of the Department of
Corrections, the availability of rehabilitative and
vocational programs within the Department of Corrections, and
the anticipated ability of the minor to adjust to confinement
within an adult institution based upon the minor's physical
size and maturity.
All relevant factors considered under this subsection
need not be resolved against the juvenile in order to justify
such transfer. Access to social records, probation reports
or any other reports which are considered by the court for
the purpose of transfer shall be made available to counsel
for the juvenile at least 30 days prior to the date of the
transfer hearing. The Sentencing Court, upon granting a
transfer order, shall accompany such order with a statement
of reasons.
(d) Whenever the Director or his designee determines
that the interests of safety, security and discipline require
the transfer to the Adult Division of a person 17 years or
older who was prosecuted under the provisions of the Criminal
Code of 1961, as amended, and sentenced under the provisions
of this Act pursuant to Section 2-7 of the Juvenile Court Act
or Section 5-805 5-4 of the Juvenile Court Act of 1987 and
committed to the Juvenile Division under Section 5-8-6, the
Director or his designee may authorize the emergency transfer
of such person, unless the transfer of the person is governed
by subsection (e) of this Section. The sentencing court shall
be provided notice of any emergency transfer no later than 3
days after the emergency transfer. Upon motion brought
within 60 days of the emergency transfer by the sentencing
court or any party, the sentencing court may conduct a
hearing pursuant to the provisions of subsection (c) of this
Section in order to determine whether the person shall remain
confined in the Adult Division.
(e) The Director or his designee may authorize the
permanent transfer to the Adult Division of any person 18
years or older who was prosecuted under the provisions of the
Criminal Code of 1961, as amended, and sentenced under the
provisions of this Act pursuant to Section 2-7 of the
Juvenile Court Act or Section 5-805 5-4 of the Juvenile Court
Act of 1987 and committed to the Juvenile Division under
Section 5-8-6 of this Act. The Director or his designee shall
be governed by the following factors in determining whether
to authorize the permanent transfer of the person to the
Adult Division:
1. The nature of the offense for which the person was
found guilty and the length of the sentence the person has to
serve and the record and previous history of the person.
2. The record of the person's adjustment within the
Department of Corrections' Juvenile Division, including, but
not limited to, reports from the person's counselor, any
escapes, attempted escapes or violent or disruptive conduct
on the part of the person, any tickets received by the
person, summaries of classes attended by the person, and any
record of work performed by the person while in the
institution.
3. The relative maturity of the person based upon the
physical, psychological and emotional development of the
person.
4. The record of the rehabilitative progress of the
person and an assessment of the vocational potential of the
person.
5. An assessment of the necessity for transfer of the
person, including, but not limited to, the availability of
space within the Department of Corrections, the disciplinary
and security problem which the person has presented to the
Juvenile Division and the practicability of maintaining the
person in a juvenile facility, whether resources have been
exhausted within the Juvenile Division of the Department of
Corrections, the availability of rehabilitative and
vocational programs within the Department of Corrections, and
the anticipated ability of the person to adjust to
confinement within an adult institution based upon the
person's physical size and maturity.
(Source: P.A. 85-1209.)
(730 ILCS 5/3-15-2) (from Ch. 38, par. 1003-15-2)
Sec. 3-15-2. Standards and Assistance to Local Jails and
Detention and Shelter Care Facilities.
(a) The Department shall establish for the operation of
county and municipal jails and houses of correction, and
county juvenile detention and shelter care facilities
established pursuant to the "County Shelter Care and
Detention Home Act", minimum standards for the physical
condition of such institutions and for the treatment of
inmates with respect to their health and safety and the
security of the community.
Such standards shall not apply to county shelter care
facilities which were in operation prior to January 1, 1980.
Such standards shall not seek to mandate minimum floor space
requirements for each inmate housed in cells and detention
rooms in county and municipal jails and houses of correction.
However, no more than two inmates may be housed in a single
cell or detention room.
When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results
of the test shall be personally delivered by the warden or
his or her designee in a sealed envelope to the judge of the
court in which the inmate must appear for the judge's
inspection in camera if requested by the judge. Acting in
accordance with the best interests of those in the courtroom,
the judge shall have the discretion to determine what if any
precautions need to be taken to prevent transmission of the
disease in the courtroom.
(b) At least once each year, the Department may inspect
each adult facility for compliance with the standards
established and the results of such inspection shall be made
available by the Department for public inspection. At least
once each year, the Department shall inspect each county
juvenile detention and shelter care facility for compliance
with the standards established, and the Department shall make
the results of such inspections available for public
inspection. If any detention, shelter care or correctional
facility does not comply with the standards established, the
Director of Corrections shall give notice to the county board
and the sheriff or the corporate authorities of the
municipality, as the case may be, of such noncompliance,
specifying the particular standards that have not been met by
such facility. If the facility is not in compliance with such
standards when six months have elapsed from the giving of
such notice, the Director of Corrections may petition the
appropriate court for an order requiring such facility to
comply with the standards established by the Department or
for other appropriate relief.
(c) The Department may provide consultation services for
the design, construction, programs and administration of
detention, shelter care, and correctional facilities and
services for children and adults operated by counties and
municipalities and may make studies and surveys of the
programs and the administration of such facilities. Personnel
of the Department shall be admitted to these facilities as
required for such purposes. The Department may develop and
administer programs of grants-in-aid for correctional
services in cooperation with local agencies. The Department
may provide courses of training for the personnel of such
institutions and conduct pilot projects in the institutions.
(d) The Department is authorized to issue reimbursement
grants for counties, municipalities or public building
commissions for the purpose of meeting minimum correctional
facilities standards set by the Department under this
Section. Grants may be issued only for projects that were
completed after July 1, 1980 and initiated prior to January
1, 1987.
(1) Grants for regional correctional facilities
shall not exceed 90% of the project costs or $7,000,000,
whichever is less.
(2) Grants for correctional facilities by a single
county, municipality or public building commission shall
not exceed 75% of the proposed project costs or
$4,000,000, whichever is less.
(3) As used in this subsection (d), "project" means
only that part of a facility that is constructed for
jail, correctional or detention purposes and does not
include other areas of multi-purpose buildings.
Construction or renovation grants are authorized to be
issued by the Capital Development Board from capital
development bond funds after application by a county or
counties, municipality or municipalities or public building
commission or commissions and approval of a construction or
renovation grant by the Department for projects initiated
after January 1, 1987.
(e) The Department shall adopt standards for county
jails to hold juveniles on a temporary basis, as provided in
Section 5-410 Sections 5-7 and 5-10 of the Juvenile Court Act
of 1987. These standards shall include educational,
recreational, and disciplinary standards as well as access to
medical services, crisis intervention, mental health
services, suicide prevention, health care, nutritional needs,
and visitation rights. The Department shall also notify any
county applying to hold juveniles in a county jail of the
monitoring and program standards for juvenile detention
facilities under Section 5-410 paragraphs (C-1)(a) and
(C-1)(c) of subsection (2) of Section 5-7 and paragraphs
(5.1)(a) and (5.1)(c) of Section 5-10 of the Juvenile Court
Act of 1987.
(Source: P.A. 89-64, eff. 1-1-96; 89-477, eff. 6-18-96;
89-656, eff. 8-14-96; 90-14, eff. 7-1-97.)
(730 ILCS 5/5-3-4) (from Ch. 38, par. 1005-3-4)
Sec. 5-3-4. Disclosure of Reports.
(a) Any report made pursuant to this Article or Section
5-705 5-22 of the Juvenile Court Act of 1987 shall be filed
of record with the court in a sealed envelope.
(b) Presentence reports shall be open for inspection
only as follows:
(1) to the sentencing court;
(2) to the state's attorney and the defendant's
attorney at least 3 days prior to the imposition of
sentence, unless such 3 day requirement is waived;
(3) to an appellate court in which the conviction
or sentence is subject to review;
(4) to any department, agency or institution to
which the defendant is committed;
(5) to any probation department of whom courtesy
probation is requested;
(6) to any probation department assigned by a court
of lawful jurisdiction to conduct a presentence report;
(7) to any other person only as ordered by the
court.
(c) Presentence reports shall be filed of record with
the court within 30 days of a verdict or finding of guilty
for any offense involving an illegal sexual act perpetrated
upon a victim, including but not limited to offenses for
violations of Article 12 of the Criminal Code of 1961.
(d) A complaint, information or indictment shall not be
quashed or dismissed nor shall any person in custody for an
offense be discharged from custody because of noncompliance
with subsection (c) of this Section.
(Source: P.A. 86-391; 87-900.)
Section 2001-45. The Probation and Probation Officers
Act is amended by changing Section 15.1 as follows:
(730 ILCS 110/15.1) (from Ch. 38, par. 204-7.1)
Sec. 15.1. Probation and Court Services Fund.
(a) The county treasurer in each county shall establish
a probation and court services fund consisting of fees
collected pursuant to subsection (i) of Section 5-6-3 and
subsection (i) of Section 5-6-3.1 of the Unified Code of
Corrections, and subsection (10) of Section 5-615 5-19 and
subsection (5) of Section 5-715 5-24 of the Juvenile Court
Act of 1987. The county treasurer shall disburse monies from
the fund only at the direction of the chief judge of the
circuit court in such circuit where the county is located.
The county treasurer of each county shall, on or before
January 10 of each year, submit an annual report to the
Supreme Court.
(b) Monies in the probation and court services fund
shall be appropriated by the county board to be used within
the county or jurisdiction where collected in accordance with
policies and guidelines approved by the Supreme Court for the
costs of operating the probation and court services
department or departments; however, monies in the probation
and court services fund shall not be used for the payment of
salaries of probation and court services personnel.
(c) Monies expended from the probation and court
services fund shall be used to supplement, not supplant,
county appropriations for probation and court services.
(d) Interest earned on monies deposited in a probation
and court services fund may be used by the county for its
ordinary and contingent expenditures.
(e) The county board may appropriate moneys from the
probation and court services fund, upon the direction of the
chief judge, to support programs that are part of the
continuum of juvenile delinquency intervention programs which
are or may be developed within the county. The grants from
the probation and court services fund shall be for no more
than one year and may be used for any expenses attributable
to the program including administration and oversight of the
program by the probation department.
(Source: P.A. 89-198, eff. 7-21-95.)
Section 2001-50. The Illinois Domestic Violence Act of
1986 is amended by changing Section 202 as follows:
(750 ILCS 60/202) (from Ch. 40, par. 2312-2)
Sec. 202. Commencement of action; filing fees;
dismissal.
(a) How to commence action. Actions for orders of
protection are commenced:
(1) Independently: By filing a petition for an
order of protection in any civil court, unless specific
courts are designated by local rule or order.
(2) In conjunction with another civil proceeding:
By filing a petition for an order of protection under the
same case number as another civil proceeding involving
the parties, including but not limited to: (i) any
proceeding under the Illinois Marriage and Dissolution of
Marriage Act, Illinois Parentage Act of 1984, Nonsupport
of Spouse and Children Act, Revised Uniform Reciprocal
Enforcement of Support Act or an action for nonsupport
brought under Article 10 of the Illinois Public Aid Code,
provided that a petitioner and the respondent are a party
to or the subject of that proceeding or (ii) a
guardianship proceeding under the Probate Act of 1975, or
a proceeding for involuntary commitment under the Mental
Health and Developmental Disabilities Code, or any
proceeding, other than a delinquency petition, under the
Juvenile Court Act of 1987, provided that a petitioner or
the respondent is a party to or the subject of such
proceeding.
(3) In conjunction with a delinquency petition or a
criminal prosecution: By filing a petition for an order
of protection, under the same case number as the
delinquency petition or criminal prosecution, to be
granted during pre-trial release of a defendant, with any
dispositional order issued under Section 5-710 5-23 of
the Juvenile Court Act of 1987 or as a condition of
release, supervision, conditional discharge, probation,
periodic imprisonment, parole or mandatory supervised
release, or in conjunction with imprisonment or a bond
forfeiture warrant; provided that:
(i) the violation is alleged in an
information, complaint, indictment or delinquency
petition on file, and the alleged offender and
victim are family or household members or persons
protected by this Act; and
(ii) the petition, which is filed by the
State's Attorney, names a victim of the alleged
crime as a petitioner.
(b) Filing, certification, and service fees. No fee
shall be charged by the clerk for filing petitions or
certifying orders. No fee shall be charged by the sheriff
for service by the sheriff of a petition, rule, motion, or
order in an action commenced under this Section.
(c) Dismissal and consolidation. Withdrawal or
dismissal of any petition for an order of protection prior to
adjudication where the petitioner is represented by the State
shall operate as a dismissal without prejudice. No action
for an order of protection shall be dismissed because the
respondent is being prosecuted for a crime against the
petitioner. An independent action may be consolidated with
another civil proceeding, as provided by paragraph (2) of
subsection (a) of this Section. For any action commenced
under paragraph (2) or (3) of subsection (a) of this Section,
dismissal of the conjoined case (or a finding of not guilty)
shall not require dismissal of the action for the order of
protection; instead, it may be treated as an independent
action and, if necessary and appropriate, transferred to a
different court or division. Dismissal of any conjoined case
shall not affect the validity of any previously issued order
of protection, and thereafter subsections (b)(1) and (b)(2)
of Section 220 shall be inapplicable to such order.
(d) Pro se petitions. The court shall provide, through
the office of the clerk of the court, simplified forms and
clerical assistance to help with the writing and filing of a
petition under this Section by any person not represented by
counsel. In addition, that assistance may be provided by the
state's attorney.
(Source: P.A. 87-1186; 88-306.)
Section 2001-55. Administrative Office of the Illinois
Courts; report. The Administrative Office of the Illinois
Courts shall study the fiscal impact of the implementation of
this Act which is under its authority and submit a report of
that study to the General Assembly within 12 months after the
enactment of this Act. The Administrative Office may, in
addition to other requests, make a request for funding of the
implementation of this Act.
ARTICLE 3001. YOUTH DRIVING
Section 3001-5. The Illinois Vehicle Code is amended by
changing Section 6-204 and adding Section 6-205.1 as follows:
(625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
Sec. 6-204. When Court to forward License and Reports.
(a) For the purpose of providing to the Secretary of
State the records essential to the performance of the
Secretary's duties under this Code to cancel, revoke or
suspend the driver's license and privilege to drive motor
vehicles of certain minors adjudicated truant minors in need
of supervision, addicted, or delinquent and of persons found
guilty of the criminal offenses or traffic violations which
this Code recognizes as evidence relating to unfitness to
safely operate motor vehicles, the following duties are
imposed upon public officials:
1. Whenever any person is convicted of any offense
for which this Code makes mandatory the cancellation or
revocation of the driver's license or permit of such
person by the Secretary of State, the judge of the court
in which such conviction is had shall require the
surrender to the clerk of the court of all driver's
licenses or permits then held by the person so convicted,
and the clerk of the court shall, within 10 days
thereafter, forward the same, together with a report of
such conviction, to the Secretary.
2. Whenever any person is convicted of any offense
under this Code or similar offenses under a municipal
ordinance, other than regulations governing standing,
parking or weights of vehicles, and excepting the
following enumerated Sections of this Code: Sections
11-1406 (obstruction to driver's view or control),
11-1407 (improper opening of door into traffic), 11-1410
(coasting on downgrade), 11-1411 (following fire
apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101
(driving vehicle which is in unsafe condition or
improperly equipped), 12-201(a) (daytime lights on
motorcycles), 12-202 (clearance, identification and side
marker lamps), 12-204 (lamp or flag on projecting load),
12-205 (failure to display the safety lights required),
12-401 (restrictions as to tire equipment), 12-502
(mirrors), 12-503 (windshields must be unobstructed and
equipped with wipers), 12-601 (horns and warning
devices), 12-602 (mufflers, prevention of noise or
smoke), 12-603 (seat safety belts), 12-702 (certain
vehicles to carry flares or other warning devices),
12-703 (vehicles for oiling roads operated on highways),
12-710 (splash guards and replacements), 13-101 (safety
tests), 15-101 (size, weight and load), 15-102 (width),
15-103 (height), 15-104 (name and address on second
division vehicles), 15-107 (length of vehicle), 15-109.1
(cover or tarpaulin), 15-111 (weights), 15-112 (weights),
15-301 (weights), 15-316 (weights), 15-318 (weights), and
also excepting the following enumerated Sections of the
Chicago Municipal Code: Sections 27-245 (following fire
apparatus), 27-254 (obstruction of traffic), 27-258
(driving vehicle which is in unsafe condition), 27-259
(coasting on downgrade), 27-264 (use of horns and signal
devices), 27-265 (obstruction to driver's view or driver
mechanism), 27-267 (dimming of headlights), 27-268
(unattended motor vehicle), 27-272 (illegal funeral
procession), 27-273 (funeral procession on boulevard),
27-275 (driving freighthauling vehicles on boulevard),
27-276 (stopping and standing of buses or taxicabs),
27-277 (cruising of public passenger vehicles), 27-305
(parallel parking), 27-306 (diagonal parking), 27-307
(parking not to obstruct traffic), 27-308 (stopping,
standing or parking regulated), 27-311 (parking
regulations), 27-312 (parking regulations), 27-313
(parking regulations), 27-314 (parking regulations),
27-315 (parking regulations), 27-316 (parking
regulations), 27-317 (parking regulations), 27-318
(parking regulations), 27-319 (parking regulations),
27-320 (parking regulations), 27-321 (parking
regulations), 27-322 (parking regulations), 27-324
(loading and unloading at an angle), 27-333 (wheel and
axle loads), 27-334 (load restrictions in the downtown
district), 27-335 (load restrictions in residential
areas), 27-338 (width of vehicles), 27-339 (height of
vehicles), 27-340 (length of vehicles), 27-352
(reflectors on trailers), 27-353 (mufflers), 27-354
(display of plates), 27-355 (display of city vehicle tax
sticker), 27-357 (identification of vehicles), 27-358
(projecting of loads), and also excepting the following
enumerated paragraphs of Section 2-201 of the Rules and
Regulations of the Illinois State Toll Highway Authority:
(l) (driving unsafe vehicle on tollway), (m) (vehicles
transporting dangerous cargo not properly indicated), it
shall be the duty of the clerk of the court in which such
conviction is had within 10 days thereafter to forward to
the Secretary of State a report of the conviction and the
court may recommend the suspension of the driver's
license or permit of the person so convicted.
The reporting requirements of this subsection shall apply
to all violations stated in paragraphs 1 and 2 of this
subsection when the individual has been adjudicated under the
Juvenile Court Act or the Juvenile Court Act of 1987. Such
reporting requirements shall also apply to individuals
adjudicated under the Juvenile Court Act or the Juvenile
Court Act of 1987 who have committed a violation of Section
11-501 of this Code, or similar provision of a local
ordinance, or Section 9-3 of the Criminal Code of 1961, as
amended, relating to the offense of reckless homicide. The
reporting requirements of this subsection shall also apply to
a truant minor in need of supervision, an addicted minor, or
a delinquent minor and whose driver's license and privilege
to drive a motor vehicle has been ordered suspended for such
times as determined by the Court, but only until he or she
attains 18 years of age. It shall be the duty of the clerk
of the court in which adjudication is had within 10 days
thereafter to forward to the Secretary of State a report of
the adjudication and the court order requiring the Secretary
of State to suspend the minor's driver's license and driving
privilege for such time as determined by the Court, but only
until he or she attains the age of 18 years. All juvenile
court dispositions reported to the Secretary of State under
this provision shall be processed by the Secretary of State
as if the cases had been adjudicated in traffic or criminal
court. However, information reported relative to the offense
of reckless homicide, or Section 11-501 of this Code, or a
similar provision of a local ordinance, shall be privileged
and available only to the Secretary of State, courts, and
police officers.
3. Whenever an order is entered vacating the
forfeiture of any bail, security or bond given to secure
appearance for any offense under this Code or similar
offenses under municipal ordinance, it shall be the duty
of the clerk of the court in which such vacation was had
or the judge of such court if such court has no clerk,
within 10 days thereafter to forward to the Secretary of
State a report of the vacation.
4. A report of any disposition of court supervision
for a violation of Sections 6-303, 11-401, 11-501 or a
similar provision of a local ordinance, 11-503 and 11-504
shall be forwarded to the Secretary of State.
5. Reports of conviction and sentencing hearing
under the Juvenile Court Act of 1987 in a computer
processible medium shall be forwarded to the Secretary of
State via the Supreme Court in the form and format
required by the Illinois Supreme Court and established by
a written agreement between the Supreme Court and the
Secretary of State. In counties with a population over
300,000, instead of forwarding reports to the Supreme
Court, reports of conviction and sentencing hearing under
the Juvenile Court Act of 1987 in a computer processible
medium may be forwarded to the Secretary of State by the
Circuit Court Clerk in a form and format required by the
Secretary of State and established by written agreement
between the Circuit Court Clerk and the Secretary of
State. Failure to forward the reports of conviction or
sentencing hearing under the Juvenile Court Act of 1987
as required by this Section shall be deemed an omission
of duty and it shall be the duty of the several State's
Attorneys to enforce the requirements of this Section.
(b) Whenever a restricted driving permit is forwarded to
a court, as a result of confiscation by a police officer
pursuant to the authority in Section 6-113(f), it shall be
the duty of the clerk, or judge, if the court has no clerk,
to forward such restricted driving permit and a facsimile of
the officer's citation to the Secretary of State as
expeditiously as practicable.
(c) For the purposes of this Code, a forfeiture of bail
or collateral deposited to secure a defendant's appearance in
court when forfeiture has not been vacated, or the failure of
a defendant to appear for trial after depositing his driver's
license in lieu of other bail, shall be equivalent to a
conviction.
(d) For the purpose of providing the Secretary of State
with records necessary to properly monitor and assess driver
performance and assist the courts in the proper disposition
of repeat traffic law offenders, the clerk of the court shall
forward to the Secretary of State, on a form prescribed by
the Secretary, records of driver's participation in a driver
remedial or rehabilitative program which was required,
through a court order or court supervision, in relation to
the driver's arrest for a violation of Section 11-501 of this
Code or a similar provision of a local ordinance. Such
reports shall be sent within 10 days after the driver's
referral to such driver remedial or rehabilitative program.
Such reports, including those required to be forwarded under
subsection 4 of paragraph (a), shall be recorded to the
driver's file, but shall not be released to any outside
source, except the affected driver, and shall be used only to
assist in assessing driver performance and for the purpose of
informing the courts that such driver has been previously
assigned court supervision or referred to a driver's remedial
or rehabilitative program.
(Source: P.A. 88-415.)
(625 ILCS 5/6-205.1 new)
Sec. 6-205.1. Suspension of driver's licenses of certain
minors. Whenever a person is adjudicated under the Juvenile
Court Act of 1987 as a truant minor in need of supervision,
an addicted minor, or a delinquent minor and the court orders
that the minor's driver's license or privilege to drive a
motor vehicle be suspended for such time as determined by the
Court but only until the minor attains 18 years of age, the
Secretary of State shall suspend the driving privileges of
that person as order by the Court.
Section 3001-10. The Juvenile Court Act of 1987 is
amended by changing Sections 3-24, 3-33, and 4-21 as follows:
(705 ILCS 405/3-24) (from Ch. 37, par. 803-24)
Sec. 3-24. Kinds of dispositional orders.
(1) The following kinds of orders of disposition may be
made in respect to wards of the court: A minor found to be
requiring authoritative intervention under Section 3-3 may be
(a) committed to the Department of Children and Family
Services, subject to Section 5 of the Children and Family
Services Act; (b) placed under supervision and released to
his or her parents, guardian or legal custodian; (c) placed
in accordance with Section 3-28 with or without also being
placed under supervision. Conditions of supervision may be
modified or terminated by the court if it deems that the best
interests of the minor and the public will be served thereby;
or (d) ordered partially or completely emancipated in
accordance with the provisions of the Emancipation of Mature
Minors Act; or (e) subject to having his or her driver's
license or driving privilege suspended for such time as
determined by the Court but only until he or she attains 18
years of age.
(2) Any order of disposition may provide for protective
supervision under Section 3-25 and may include an order of
protection under Section 3-26.
(3) Unless the order of disposition expressly so
provides, it does not operate to close proceedings on the
pending petition, but is subject to modification until final
closing and discharge of the proceedings under Section 3-32.
(4) In addition to any other order of disposition, the
court may order any person found to be a minor requiring
authoritative intervention under Section 3-3 to make
restitution, in monetary or non-monetary form, under the
terms and conditions of Section 5-5-6 of the Unified Code of
Corrections, except that the "presentence hearing" referred
to therein shall be the dispositional hearing for purposes of
this Section. The parent, guardian or legal custodian of
the minor may pay some or all of such restitution on the
minor's behalf.
(5) Any order for disposition where the minor is
committed or placed in accordance with Section 3-28 shall
provide for the parents or guardian of the estate of such
minor to pay to the legal custodian or guardian of the person
of the minor such sums as are determined by the custodian or
guardian of the person of the minor as necessary for the
minor's needs. Such payments may not exceed the maximum
amounts provided for by Section 9.1 of the Children and
Family Services Act.
(6) Whenever the order of disposition requires the minor
to attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code.
(Source: P.A. 89-235, eff. 8-4-95.)
(705 ILCS 405/3-33) (from Ch. 37, par. 803-33)
Sec. 3-33. Truant Minor in Need of Supervision.
(a) Definition. A minor who is reported by a regional
superintendent of schools, or in cities of over 500,000
inhabitants, by the Office of Chronic Truant Adjudication, as
a chronic truant shall be adjudged a truant minor in need of
supervision.
(a-1) There is a rebuttable presumption that a chronic
truant is a truant minor in need of supervision.
(a-2) There is a rebuttable presumption that school
records of a minor's attendance at school are authentic.
(a-3) For purposes of this Section, "chronic truant" has
the meaning ascribed to it in Section 26-2a of the School
Code.
(b) Kinds of dispositional orders. A minor found to be
a truant minor in need of supervision may be:
(1) committed to the appropriate regional
superintendent of schools for a multi-disciplinary case
staffing, individualized educational plan or service plan, or
referral to comprehensive community-based youth services;
(2) required to comply with an individualized
educational plan or service plan as specifically provided by
the appropriate regional superintendent of schools;
(3) ordered to obtain counseling or other supportive
services;
(4) subject to a fine in an amount in excess of $5, but
not exceeding $100, and each day of absence without valid
cause as defined in Section 26-2a of The School Code is a
separate offense;
(5) required to perform some reasonable public service
work such as, but not limited to, the picking up of litter in
public parks or along public highways or the maintenance of
public facilities; or
(6) subject to having his or her driver's license or
driving privilege suspended for a period of time as
determined by the court but only until he or she attains 18
years of age.
A dispositional order may include a fine, public service,
or suspension of a driver's license or privilege only if the
court has made an express written finding that a truancy
prevention program has been offered by the school, regional
superintendent of schools, or a community social service
agency to the truant minor in need of supervision.
(c) Orders entered under this Section may be enforced by
contempt proceedings.
(Source: P.A. 90-143, eff. 7-23-97; 90-380, eff. 8-14-97;
revised 10-23-97.)
(705 ILCS 405/4-21) (from Ch. 37, par. 804-21)
Sec. 4-21. Kinds of dispositional orders.
(1) A minor found to be addicted under Section 4-3 may
be (a) committed to the Department of Children and Family
Services, subject to Section 5 of the Children and Family
Services Act; (b) placed under supervision and released to
his or her parents, guardian or legal custodian; (c) placed
in accordance with Section 4-25 with or without also being
placed under supervision. Conditions of supervision may be
modified or terminated by the court if it deems that the best
interests of the minor and the public will be served thereby;
(d) required to attend an approved alcohol or drug abuse
treatment or counseling program on an inpatient or outpatient
basis instead of or in addition to the disposition otherwise
provided for in this paragraph; or (e) ordered partially or
completely emancipated in accordance with the provisions of
the Emancipation of Mature Minors Act; or (f) subject to
having his or her driver's license or driving privilege
suspended for such time as determined by the Court but only
until he or she attains 18 years of age. No disposition
under this subsection shall provide for the minor's placement
in a secure facility.
(2) Any order of disposition may provide for protective
supervision under Section 4-22 and may include an order of
protection under Section 4-23.
(3) Unless the order of disposition expressly so
provides, it does not operate to close proceedings on the
pending petition, but is subject to modification until final
closing and discharge of the proceedings under Section 4-29.
(4) In addition to any other order of disposition, the
court may order any minor found to be addicted under this
Article as neglected with respect to his or her own injurious
behavior, to make restitution, in monetary or non-monetary
form, under the terms and conditions of Section 5-5-6 of the
Unified Code of Corrections, except that the "presentence
hearing" referred to therein shall be the dispositional
hearing for purposes of this Section. The parent, guardian
or legal custodian of the minor may pay some or all of such
restitution on the minor's behalf.
(5) Any order for disposition where the minor is placed
in accordance with Section 4-25 shall provide for the parents
or guardian of the estate of such minor to pay to the legal
custodian or guardian of the person of the minor such sums as
are determined by the custodian or guardian of the person of
the minor as necessary for the minor's needs. Such payments
may not exceed the maximum amounts provided for by Section
9.1 of the Children and Family Services Act.
(6) Whenever the order of disposition requires the minor
to attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code.
(Source: P.A. 89-202, eff. 7-21-95; 89-235, eff. 8-4-95;
89-626, eff. 8-9-96.)
ARTICLE 4001. SEVERABILITY AND EFFECTIVE DATE
Section 4001-95. No acceleration or delay. Where this
Act makes changes in a statute that is represented in this
Act by text that is not yet or no longer in effect (for
example, a Section represented by multiple versions), the use
of that text does not accelerate or delay the taking effect
of (i) the changes made by this Act or (ii) provisions
derived from any other Public Act.
Section 4001-96. Severability. The provisions of this
Act are severable under Section 1.31 of the Statute on
Statutes.
Section 4001-99. Effective date. This Act takes effect
January 1, 1999, except that Article 1001 shall take effect
January 1, 2000.