100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2628

 

Introduced , by Rep. Laura Fine

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/1-7  from Ch. 37, par. 801-7
705 ILCS 405/1-8  from Ch. 37, par. 801-8
705 ILCS 405/1-9  from Ch. 37, par. 801-9
705 ILCS 405/2-10  from Ch. 37, par. 802-10
705 ILCS 405/3-12  from Ch. 37, par. 803-12
705 ILCS 405/4-9  from Ch. 37, par. 804-9
705 ILCS 405/5-105
705 ILCS 405/5-120
705 ILCS 405/5-130
705 ILCS 405/5-401.5
705 ILCS 405/5-410
705 ILCS 405/5-901
705 ILCS 405/5-905
705 ILCS 405/5-915
730 ILCS 5/3-2-5  from Ch. 38, par. 1003-2-5
730 ILCS 5/5-8-6  from Ch. 38, par. 1005-8-6

    Amends the Juvenile Court Act of 1987. Provides that persons under 21 years of age (rather than under 18 years of age) who commit misdemeanor offenses are subject to the proceedings under the Act for delinquent minors. Amends the Unified Code of Corrections to make conforming changes.


LRB100 08062 SLF 18148 b

 

 

A BILL FOR

 

HB2628LRB100 08062 SLF 18148 b

1    AN ACT in relation to minors.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 1-7, 1-8, 1-9, 2-10, 3-12, 4-9, 5-105, 5-120,
65-130, 5-401.5, 5-410, 5-901, 5-905, and 5-915 as follows:
 
7    (705 ILCS 405/1-7)  (from Ch. 37, par. 801-7)
8    Sec. 1-7. Confidentiality of law enforcement records.
9    (A) Inspection and copying of law enforcement records
10maintained by law enforcement agencies that relate to a minor
11who has been investigated, arrested, or taken into custody
12before his or her 21st birthday for a misdemeanor offense or
1318th birthday for a felony offense shall be restricted to the
14following:
15        (1) Any local, State or federal law enforcement
16    officers of any jurisdiction or agency when necessary for
17    the discharge of their official duties during the
18    investigation or prosecution of a crime or relating to a
19    minor who has been adjudicated delinquent and there has
20    been a previous finding that the act which constitutes the
21    previous offense was committed in furtherance of criminal
22    activities by a criminal street gang, or, when necessary
23    for the discharge of its official duties in connection with

 

 

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1    a particular investigation of the conduct of a law
2    enforcement officer, an independent agency or its staff
3    created by ordinance and charged by a unit of local
4    government with the duty of investigating the conduct of
5    law enforcement officers. For purposes of this Section,
6    "criminal street gang" has the meaning ascribed to it in
7    Section 10 of the Illinois Streetgang Terrorism Omnibus
8    Prevention Act.
9        (2) Prosecutors, probation officers, social workers,
10    or other individuals assigned by the court to conduct a
11    pre-adjudication or pre-disposition investigation, and
12    individuals responsible for supervising or providing
13    temporary or permanent care and custody for minors pursuant
14    to the order of the juvenile court, when essential to
15    performing their responsibilities.
16        (3) Prosecutors and probation officers:
17            (a) in the course of a trial when institution of
18        criminal proceedings has been permitted or required
19        under Section 5-805; or
20            (b) when institution of criminal proceedings has
21        been permitted or required under Section 5-805 and such
22        minor is the subject of a proceeding to determine the
23        amount of bail; or
24            (c) when criminal proceedings have been permitted
25        or required under Section 5-805 and such minor is the
26        subject of a pre-trial investigation, pre-sentence

 

 

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1        investigation, fitness hearing, or proceedings on an
2        application for probation.
3        (4) Adult and Juvenile Prisoner Review Board.
4        (5) Authorized military personnel.
5        (6) Persons engaged in bona fide research, with the
6    permission of the Presiding Judge of the Juvenile Court and
7    the chief executive of the respective law enforcement
8    agency; provided that publication of such research results
9    in no disclosure of a minor's identity and protects the
10    confidentiality of the minor's record.
11        (7) Department of Children and Family Services child
12    protection investigators acting in their official
13    capacity.
14        (8) The appropriate school official only if the agency
15    or officer believes that there is an imminent threat of
16    physical harm to students, school personnel, or others who
17    are present in the school or on school grounds.
18             (A) Inspection and copying shall be limited to law
19        enforcement records transmitted to the appropriate
20        school official or officials whom the school has
21        determined to have a legitimate educational or safety
22        interest by a local law enforcement agency under a
23        reciprocal reporting system established and maintained
24        between the school district and the local law
25        enforcement agency under Section 10-20.14 of the
26        School Code concerning a minor enrolled in a school

 

 

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1        within the school district who has been arrested or
2        taken into custody for any of the following offenses:
3                (i) any violation of Article 24 of the Criminal
4            Code of 1961 or the Criminal Code of 2012;
5                (ii) a violation of the Illinois Controlled
6            Substances Act;
7                (iii) a violation of the Cannabis Control Act;
8                (iv) a forcible felony as defined in Section
9            2-8 of the Criminal Code of 1961 or the Criminal
10            Code of 2012;
11                (v) a violation of the Methamphetamine Control
12            and Community Protection Act;
13                (vi) a violation of Section 1-2 of the
14            Harassing and Obscene Communications Act;
15                (vii) a violation of the Hazing Act; or
16                (viii) a violation of Section 12-1, 12-2,
17            12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
18            12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
19            Criminal Code of 1961 or the Criminal Code of 2012.
20            The information derived from the law enforcement
21        records shall be kept separate from and shall not
22        become a part of the official school record of that
23        child and shall not be a public record. The information
24        shall be used solely by the appropriate school official
25        or officials whom the school has determined to have a
26        legitimate educational or safety interest to aid in the

 

 

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1        proper rehabilitation of the child and to protect the
2        safety of students and employees in the school. If the
3        designated law enforcement and school officials deem
4        it to be in the best interest of the minor, the student
5        may be referred to in-school or community based social
6        services if those services are available.
7        "Rehabilitation services" may include interventions by
8        school support personnel, evaluation for eligibility
9        for special education, referrals to community-based
10        agencies such as youth services, behavioral healthcare
11        service providers, drug and alcohol prevention or
12        treatment programs, and other interventions as deemed
13        appropriate for the student.
14            (B) Any information provided to appropriate school
15        officials whom the school has determined to have a
16        legitimate educational or safety interest by local law
17        enforcement officials about a minor who is the subject
18        of a current police investigation that is directly
19        related to school safety shall consist of oral
20        information only, and not written law enforcement
21        records, and shall be used solely by the appropriate
22        school official or officials to protect the safety of
23        students and employees in the school and aid in the
24        proper rehabilitation of the child. The information
25        derived orally from the local law enforcement
26        officials shall be kept separate from and shall not

 

 

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1        become a part of the official school record of the
2        child and shall not be a public record. This limitation
3        on the use of information about a minor who is the
4        subject of a current police investigation shall in no
5        way limit the use of this information by prosecutors in
6        pursuing criminal charges arising out of the
7        information disclosed during a police investigation of
8        the minor. For purposes of this paragraph,
9        "investigation" means an official systematic inquiry
10        by a law enforcement agency into actual or suspected
11        criminal activity.
12        (9) Mental health professionals on behalf of the
13    Illinois Department of Corrections or the Department of
14    Human Services or prosecutors who are evaluating,
15    prosecuting, or investigating a potential or actual
16    petition brought under the Sexually Violent Persons
17    Commitment Act relating to a person who is the subject of
18    juvenile law enforcement records or the respondent to a
19    petition brought under the Sexually Violent Persons
20    Commitment Act who is the subject of the juvenile law
21    enforcement records sought. Any records and any
22    information obtained from those records under this
23    paragraph (9) may be used only in sexually violent persons
24    commitment proceedings.
25        (10) The president of a park district. Inspection and
26    copying shall be limited to law enforcement records

 

 

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1    transmitted to the president of the park district by the
2    Illinois State Police under Section 8-23 of the Park
3    District Code or Section 16a-5 of the Chicago Park District
4    Act concerning a person who is seeking employment with that
5    park district and who has been adjudicated a juvenile
6    delinquent for any of the offenses listed in subsection (c)
7    of Section 8-23 of the Park District Code or subsection (c)
8    of Section 16a-5 of the Chicago Park District Act.
9        (B)(1) Except as provided in paragraph (2), no law
10    enforcement officer or other person or agency may knowingly
11    transmit to the Department of Corrections or the Department
12    of State Police or to the Federal Bureau of Investigation
13    any fingerprint or photograph relating to a minor who has
14    been arrested or taken into custody before his or her 21st
15    birthday for a misdemeanor offense or 18th birthday for a
16    felony offense, unless the court in proceedings under this
17    Act authorizes the transmission or enters an order under
18    Section 5-805 permitting or requiring the institution of
19    criminal proceedings.
20        (2) Law enforcement officers or other persons or
21    agencies shall transmit to the Department of State Police
22    copies of fingerprints and descriptions of all minors who
23    have been arrested or taken into custody before their 21st
24    birthday for a misdemeanor offense or 18th birthday for a
25    felony offense for the offense of unlawful use of weapons
26    under Article 24 of the Criminal Code of 1961 or the

 

 

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1    Criminal Code of 2012, a Class X or Class 1 felony, a
2    forcible felony as defined in Section 2-8 of the Criminal
3    Code of 1961 or the Criminal Code of 2012, or a Class 2 or
4    greater felony under the Cannabis Control Act, the Illinois
5    Controlled Substances Act, the Methamphetamine Control and
6    Community Protection Act, or Chapter 4 of the Illinois
7    Vehicle Code, pursuant to Section 5 of the Criminal
8    Identification Act. Information reported to the Department
9    pursuant to this Section may be maintained with records
10    that the Department files pursuant to Section 2.1 of the
11    Criminal Identification Act. Nothing in this Act prohibits
12    a law enforcement agency from fingerprinting a minor taken
13    into custody or arrested before his or her 21st birthday
14    for a misdemeanor offense or 18th birthday for a felony
15    offense for an offense other than those listed in this
16    paragraph (2).
17    (C) The records of law enforcement officers, or of an
18independent agency created by ordinance and charged by a unit
19of local government with the duty of investigating the conduct
20of law enforcement officers, concerning all minors under 21
21years of age for a misdemeanor offense or 18 years of age for a
22felony offense must be maintained separate from the records of
23arrests and may not be open to public inspection or their
24contents disclosed to the public except by order of the court
25presiding over matters pursuant to this Act or when the
26institution of criminal proceedings has been permitted or

 

 

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1required under Section 5-805 or such a person has been
2convicted of a crime and is the subject of pre-sentence
3investigation or proceedings on an application for probation or
4when provided by law. For purposes of obtaining documents
5pursuant to this Section, a civil subpoena is not an order of
6the court.
7        (1) In cases where the law enforcement, or independent
8    agency, records concern a pending juvenile court case, the
9    party seeking to inspect the records shall provide actual
10    notice to the attorney or guardian ad litem of the minor
11    whose records are sought.
12        (2) In cases where the records concern a juvenile court
13    case that is no longer pending, the party seeking to
14    inspect the records shall provide actual notice to the
15    minor or the minor's parent or legal guardian, and the
16    matter shall be referred to the chief judge presiding over
17    matters pursuant to this Act.
18        (3) In determining whether the records should be
19    available for inspection, the court shall consider the
20    minor's interest in confidentiality and rehabilitation
21    over the moving party's interest in obtaining the
22    information. Any records obtained in violation of this
23    subsection (C) shall not be admissible in any criminal or
24    civil proceeding, or operate to disqualify a minor from
25    subsequently holding public office or securing employment,
26    or operate as a forfeiture of any public benefit, right,

 

 

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1    privilege, or right to receive any license granted by
2    public authority.
3    (D) Nothing contained in subsection (C) of this Section
4shall prohibit the inspection or disclosure to victims and
5witnesses of photographs contained in the records of law
6enforcement agencies when the inspection and disclosure is
7conducted in the presence of a law enforcement officer for the
8purpose of the identification or apprehension of any person
9subject to the provisions of this Act or for the investigation
10or prosecution of any crime.
11    (E) Law enforcement officers, and personnel of an
12independent agency created by ordinance and charged by a unit
13of local government with the duty of investigating the conduct
14of law enforcement officers, may not disclose the identity of
15any minor in releasing information to the general public as to
16the arrest, investigation or disposition of any case involving
17a minor.
18    (F) Nothing contained in this Section shall prohibit law
19enforcement agencies from communicating with each other by
20letter, memorandum, teletype or intelligence alert bulletin or
21other means the identity or other relevant information
22pertaining to a person under 21 years of age years of age for a
23misdemeanor offense or 18 years of age for a felony offense if
24there are reasonable grounds to believe that the person poses a
25real and present danger to the safety of the public or law
26enforcement officers. The information provided under this

 

 

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1subsection (F) shall remain confidential and shall not be
2publicly disclosed, except as otherwise allowed by law.
3    (G) Nothing in this Section shall prohibit the right of a
4Civil Service Commission or appointing authority of any state,
5county or municipality examining the character and fitness of
6an applicant for employment with a law enforcement agency,
7correctional institution, or fire department from obtaining
8and examining the records of any law enforcement agency
9relating to any record of the applicant having been arrested or
10taken into custody before the applicant's 21st birthday for a
11misdemeanor offense or 18th birthday for a felony offense.
12    (H) The changes made to this Section by Public Act 98-61
13apply to law enforcement records of a minor who has been
14arrested or taken into custody on or after January 1, 2014 (the
15effective date of Public Act 98-61).
16(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 99-298,
17eff. 8-6-15.)
 
18    (705 ILCS 405/1-8)  (from Ch. 37, par. 801-8)
19    Sec. 1-8. Confidentiality and accessibility of juvenile
20court records.
21    (A) Inspection and copying of juvenile court records
22relating to a minor who is the subject of a proceeding under
23this Act shall be restricted to the following:
24        (1) The minor who is the subject of record, his
25    parents, guardian and counsel.

 

 

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1        (2) Law enforcement officers and law enforcement
2    agencies when such information is essential to executing an
3    arrest or search warrant or other compulsory process, or to
4    conducting an ongoing investigation or relating to a minor
5    who has been adjudicated delinquent and there has been a
6    previous finding that the act which constitutes the
7    previous offense was committed in furtherance of criminal
8    activities by a criminal street gang.
9        Before July 1, 1994, for the purposes of this Section,
10    "criminal street gang" means any ongoing organization,
11    association, or group of 3 or more persons, whether formal
12    or informal, having as one of its primary activities the
13    commission of one or more criminal acts and that has a
14    common name or common identifying sign, symbol or specific
15    color apparel displayed, and whose members individually or
16    collectively engage in or have engaged in a pattern of
17    criminal activity.
18        Beginning July 1, 1994, for purposes of this Section,
19    "criminal street gang" has the meaning ascribed to it in
20    Section 10 of the Illinois Streetgang Terrorism Omnibus
21    Prevention Act.
22        (3) Judges, hearing officers, prosecutors, probation
23    officers, social workers or other individuals assigned by
24    the court to conduct a pre-adjudication or predisposition
25    investigation, and individuals responsible for supervising
26    or providing temporary or permanent care and custody for

 

 

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1    minors pursuant to the order of the juvenile court when
2    essential to performing their responsibilities.
3        (4) Judges, prosecutors and probation officers:
4            (a) in the course of a trial when institution of
5        criminal proceedings has been permitted or required
6        under Section 5-805; or
7            (b) when criminal proceedings have been permitted
8        or required under Section 5-805 and a minor is the
9        subject of a proceeding to determine the amount of
10        bail; or
11            (c) when criminal proceedings have been permitted
12        or required under Section 5-805 and a minor is the
13        subject of a pre-trial investigation, pre-sentence
14        investigation or fitness hearing, or proceedings on an
15        application for probation; or
16            (d) when a minor becomes 21 years of age for a
17        misdemeanor offense or 18 years of age for a felony
18        offense or older, and is the subject of criminal
19        proceedings, including a hearing to determine the
20        amount of bail, a pre-trial investigation, a
21        pre-sentence investigation, a fitness hearing, or
22        proceedings on an application for probation.
23        (5) Adult and Juvenile Prisoner Review Boards.
24        (6) Authorized military personnel.
25        (7) Victims, their subrogees and legal
26    representatives; however, such persons shall have access

 

 

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1    only to the name and address of the minor and information
2    pertaining to the disposition or alternative adjustment
3    plan of the juvenile court.
4        (8) Persons engaged in bona fide research, with the
5    permission of the presiding judge of the juvenile court and
6    the chief executive of the agency that prepared the
7    particular records; provided that publication of such
8    research results in no disclosure of a minor's identity and
9    protects the confidentiality of the record.
10        (9) The Secretary of State to whom the Clerk of the
11    Court shall report the disposition of all cases, as
12    required in Section 6-204 of the Illinois Vehicle Code.
13    However, information reported relative to these offenses
14    shall be privileged and available only to the Secretary of
15    State, courts, and police officers.
16        (10) The administrator of a bonafide substance abuse
17    student assistance program with the permission of the
18    presiding judge of the juvenile court.
19        (11) Mental health professionals on behalf of the
20    Illinois Department of Corrections or the Department of
21    Human Services or prosecutors who are evaluating,
22    prosecuting, or investigating a potential or actual
23    petition brought under the Sexually Violent Persons
24    Commitment Act relating to a person who is the subject of
25    juvenile court records or the respondent to a petition
26    brought under the Sexually Violent Persons Commitment Act,

 

 

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1    who is the subject of juvenile court records sought. Any
2    records and any information obtained from those records
3    under this paragraph (11) may be used only in sexually
4    violent persons commitment proceedings.
5    (A-1) Findings and exclusions of paternity entered in
6proceedings occurring under Article II of this Act shall be
7disclosed, in a manner and form approved by the Presiding Judge
8of the Juvenile Court, to the Department of Healthcare and
9Family Services when necessary to discharge the duties of the
10Department of Healthcare and Family Services under Article X of
11the Illinois Public Aid Code.
12    (B) A minor who is the victim in a juvenile proceeding
13shall be provided the same confidentiality regarding
14disclosure of identity as the minor who is the subject of
15record.
16    (C) Except as otherwise provided in this subsection (C),
17juvenile court records shall not be made available to the
18general public. Subject to the limitations in paragraphs (0.1)
19through (0.4) of this subsection (C), the judge presiding over
20a juvenile court proceeding brought under this Act, in his or
21her discretion, may order that juvenile court records of an
22individual case be made available for inspection upon request
23by a representative of an agency, association, or news media
24entity or by a properly interested person. For purposes of
25inspecting documents under this subsection (C), a civil
26subpoena is not an order of the court.

 

 

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1        (0.1) In cases where the records concern a pending
2    juvenile court case, the requesting party seeking to
3    inspect the juvenile court records shall provide actual
4    notice to the attorney or guardian ad litem of the minor
5    whose records are sought.
6        (0.2) In cases where the records concern a juvenile
7    court case that is no longer pending, the requesting party
8    seeking to inspect the juvenile court records shall provide
9    actual notice to the minor or the minor's parent or legal
10    guardian, and the matter shall be referred to the chief
11    judge presiding over matters pursuant to this Act.
12        (0.3) In determining whether records should be made
13    available for inspection and whether inspection should be
14    limited to certain parts of the file, the court shall
15    consider the minor's interest in confidentiality and
16    rehabilitation over the requesting party's interest in
17    obtaining the information. The State's Attorney, the
18    minor, and the minor's parents, guardian, and counsel shall
19    at all times have the right to examine court files and
20    records.
21        (0.4) Any records obtained in violation of this
22    subsection (C) shall not be admissible in any criminal or
23    civil proceeding, or operate to disqualify a minor from
24    subsequently holding public office, or operate as a
25    forfeiture of any public benefit, right, privilege, or
26    right to receive any license granted by public authority.

 

 

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1        (1) The court shall allow the general public to have
2    access to the name, address, and offense of a minor who is
3    adjudicated a delinquent minor under this Act under either
4    of the following circumstances:
5            (A) The adjudication of delinquency was based upon
6        the minor's commission of first degree murder, attempt
7        to commit first degree murder, aggravated criminal
8        sexual assault, or criminal sexual assault; or
9            (B) The court has made a finding that the minor was
10        at least 13 years of age at the time the act was
11        committed and the adjudication of delinquency was
12        based upon the minor's commission of: (i) an act in
13        furtherance of the commission of a felony as a member
14        of or on behalf of a criminal street gang, (ii) an act
15        involving the use of a firearm in the commission of a
16        felony, (iii) an act that would be a Class X felony
17        offense under or the minor's second or subsequent Class
18        2 or greater felony offense under the Cannabis Control
19        Act if committed by an adult, (iv) an act that would be
20        a second or subsequent offense under Section 402 of the
21        Illinois Controlled Substances Act if committed by an
22        adult, (v) an act that would be an offense under
23        Section 401 of the Illinois Controlled Substances Act
24        if committed by an adult, (vi) an act that would be a
25        second or subsequent offense under Section 60 of the
26        Methamphetamine Control and Community Protection Act,

 

 

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1        or (vii) an act that would be an offense under another
2        Section of the Methamphetamine Control and Community
3        Protection Act.
4        (2) The court shall allow the general public to have
5    access to the name, address, and offense of a minor who is
6    at least 13 years of age at the time the offense is
7    committed and who is convicted, in criminal proceedings
8    permitted or required under Section 5-4, under either of
9    the following circumstances:
10            (A) The minor has been convicted of first degree
11        murder, attempt to commit first degree murder,
12        aggravated criminal sexual assault, or criminal sexual
13        assault,
14            (B) The court has made a finding that the minor was
15        at least 13 years of age at the time the offense was
16        committed and the conviction was based upon the minor's
17        commission of: (i) an offense in furtherance of the
18        commission of a felony as a member of or on behalf of a
19        criminal street gang, (ii) an offense involving the use
20        of a firearm in the commission of a felony, (iii) a
21        Class X felony offense under or a second or subsequent
22        Class 2 or greater felony offense under the Cannabis
23        Control Act, (iv) a second or subsequent offense under
24        Section 402 of the Illinois Controlled Substances Act,
25        (v) an offense under Section 401 of the Illinois
26        Controlled Substances Act, (vi) an act that would be a

 

 

HB2628- 19 -LRB100 08062 SLF 18148 b

1        second or subsequent offense under Section 60 of the
2        Methamphetamine Control and Community Protection Act,
3        or (vii) an act that would be an offense under another
4        Section of the Methamphetamine Control and Community
5        Protection Act.
6    (D) Pending or following any adjudication of delinquency
7for any offense defined in Sections 11-1.20 through 11-1.60 or
812-13 through 12-16 of the Criminal Code of 1961 or the
9Criminal Code of 2012, the victim of any such offense shall
10receive the rights set out in Sections 4 and 6 of the Bill of
11Rights for Victims and Witnesses of Violent Crime Act; and the
12juvenile who is the subject of the adjudication,
13notwithstanding any other provision of this Act, shall be
14treated as an adult for the purpose of affording such rights to
15the victim.
16    (E) Nothing in this Section shall affect the right of a
17Civil Service Commission or appointing authority of any state,
18county or municipality examining the character and fitness of
19an applicant for employment with a law enforcement agency,
20correctional institution, or fire department to ascertain
21whether that applicant was ever adjudicated to be a delinquent
22minor and, if so, to examine the records of disposition or
23evidence which were made in proceedings under this Act.
24    (F) Following any adjudication of delinquency for a crime
25which would be a felony if committed by an adult, or following
26any adjudication of delinquency for a violation of Section

 

 

HB2628- 20 -LRB100 08062 SLF 18148 b

124-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
2Criminal Code of 2012, the State's Attorney shall ascertain
3whether the minor respondent is enrolled in school and, if so,
4shall provide a copy of the dispositional order to the
5principal or chief administrative officer of the school. Access
6to such juvenile records shall be limited to the principal or
7chief administrative officer of the school and any guidance
8counselor designated by him.
9    (G) Nothing contained in this Act prevents the sharing or
10disclosure of information or records relating or pertaining to
11juveniles subject to the provisions of the Serious Habitual
12Offender Comprehensive Action Program when that information is
13used to assist in the early identification and treatment of
14habitual juvenile offenders.
15    (H) When a Court hearing a proceeding under Article II of
16this Act becomes aware that an earlier proceeding under Article
17II had been heard in a different county, that Court shall
18request, and the Court in which the earlier proceedings were
19initiated shall transmit, an authenticated copy of the Court
20record, including all documents, petitions, and orders filed
21therein and the minute orders, transcript of proceedings, and
22docket entries of the Court.
23    (I) The Clerk of the Circuit Court shall report to the
24Department of State Police, in the form and manner required by
25the Department of State Police, the final disposition of each
26minor who has been arrested or taken into custody before his or

 

 

HB2628- 21 -LRB100 08062 SLF 18148 b

1her 21st birthday for a misdemeanor offense or 18th birthday
2for a felony offense for those offenses required to be reported
3under Section 5 of the Criminal Identification Act. Information
4reported to the Department under this Section may be maintained
5with records that the Department files under Section 2.1 of the
6Criminal Identification Act.
7    (J) The changes made to this Section by Public Act 98-61
8apply to law enforcement records of a minor who has been
9arrested or taken into custody on or after January 1, 2014 (the
10effective date of Public Act 98-61).
11(Source: P.A. 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13;
1298-61, eff. 1-1-14; 98-552, eff. 8-27-13; 98-756, eff.
137-16-14.)
 
14    (705 ILCS 405/1-9)  (from Ch. 37, par. 801-9)
15    Sec. 1-9. Expungement of law enforcement and juvenile court
16records.
17    (1) Expungement of law enforcement and juvenile court
18delinquency records shall be governed by Section 5-915.
19    (2) This subsection (2) applies to expungement of law
20enforcement and juvenile court records other than delinquency
21proceedings. Whenever any person has attained the age of 21 for
22a misdemeanor offense or 18 for a felony offense or whenever
23all juvenile court proceedings relating to that person have
24been terminated, whichever is later, the person may petition
25the court to expunge law enforcement records relating to

 

 

HB2628- 22 -LRB100 08062 SLF 18148 b

1incidents occurring before his 21st birthday for a misdemeanor
2offense or 18th birthday for a felony offense or his juvenile
3court records, or both, if the minor was placed under
4supervision pursuant to Sections 2-20, 3-21, or 4-18, and such
5order of supervision has since been successfully terminated.
6    (3) The chief judge of the circuit in which an arrest was
7made or a charge was brought or any judge of that circuit
8designated by the chief judge may, upon verified petition of a
9person who is the subject of an arrest or a juvenile court
10proceeding pursuant to subsection (2) of this Section, order
11the law enforcement records or juvenile court records, or both,
12to be expunged from the official records of the arresting
13authority and the clerk of the circuit court. Notice of the
14petition shall be served upon the State's Attorney and upon the
15arresting authority which is the subject of the petition for
16expungement.
17    (4) The changes made to this Section by this amendatory Act
18of the 98th General Assembly apply to law enforcement and
19juvenile court records of a minor who has been arrested or
20taken into custody on or after the effective date of this
21amendatory Act.
22(Source: P.A. 98-61, eff. 1-1-14.)
 
23    (705 ILCS 405/2-10)  (from Ch. 37, par. 802-10)
24    Sec. 2-10. Temporary custody hearing. At the appearance of
25the minor before the court at the temporary custody hearing,

 

 

HB2628- 23 -LRB100 08062 SLF 18148 b

1all witnesses present shall be examined before the court in
2relation to any matter connected with the allegations made in
3the petition.
4    (1) If the court finds that there is not probable cause to
5believe that the minor is abused, neglected or dependent it
6shall release the minor and dismiss the petition.
7    (2) If the court finds that there is probable cause to
8believe that the minor is abused, neglected or dependent, the
9court shall state in writing the factual basis supporting its
10finding and the minor, his or her parent, guardian, custodian
11and other persons able to give relevant testimony shall be
12examined before the court. The Department of Children and
13Family Services shall give testimony concerning indicated
14reports of abuse and neglect, of which they are aware of
15through the central registry, involving the minor's parent,
16guardian or custodian. After such testimony, the court may,
17consistent with the health, safety and best interests of the
18minor, enter an order that the minor shall be released upon the
19request of parent, guardian or custodian if the parent,
20guardian or custodian appears to take custody. If it is
21determined that a parent's, guardian's, or custodian's
22compliance with critical services mitigates the necessity for
23removal of the minor from his or her home, the court may enter
24an Order of Protection setting forth reasonable conditions of
25behavior that a parent, guardian, or custodian must observe for
26a specified period of time, not to exceed 12 months, without a

 

 

HB2628- 24 -LRB100 08062 SLF 18148 b

1violation; provided, however, that the 12-month period shall
2begin anew after any violation. Custodian shall include any
3agency of the State which has been given custody or wardship of
4the child. If it is consistent with the health, safety and best
5interests of the minor, the court may also prescribe shelter
6care and order that the minor be kept in a suitable place
7designated by the court or in a shelter care facility
8designated by the Department of Children and Family Services or
9a licensed child welfare agency; however, on and after January
101, 2015 (the effective date of Public Act 98-803) and before
11January 1, 2017, a minor charged with a criminal offense under
12the Criminal Code of 1961 or the Criminal Code of 2012 or
13adjudicated delinquent shall not be placed in the custody of or
14committed to the Department of Children and Family Services by
15any court, except a minor less than 16 years of age and
16committed to the Department of Children and Family Services
17under Section 5-710 of this Act or a minor for whom an
18independent basis of abuse, neglect, or dependency exists; and
19on and after January 1, 2017, a minor charged with a criminal
20offense under the Criminal Code of 1961 or the Criminal Code of
212012 or adjudicated delinquent shall not be placed in the
22custody of or committed to the Department of Children and
23Family Services by any court, except a minor less than 15 years
24of age and committed to the Department of Children and Family
25Services under Section 5-710 of this Act or a minor for whom an
26independent basis of abuse, neglect, or dependency exists. An

 

 

HB2628- 25 -LRB100 08062 SLF 18148 b

1independent basis exists when the allegations or adjudication
2of abuse, neglect, or dependency do not arise from the same
3facts, incident, or circumstances which give rise to a charge
4or adjudication of delinquency.
5    In placing the minor, the Department or other agency shall,
6to the extent compatible with the court's order, comply with
7Section 7 of the Children and Family Services Act. In
8determining the health, safety and best interests of the minor
9to prescribe shelter care, the court must find that it is a
10matter of immediate and urgent necessity for the safety and
11protection of the minor or of the person or property of another
12that the minor be placed in a shelter care facility or that he
13or she is likely to flee the jurisdiction of the court, and
14must further find that reasonable efforts have been made or
15that, consistent with the health, safety and best interests of
16the minor, no efforts reasonably can be made to prevent or
17eliminate the necessity of removal of the minor from his or her
18home. The court shall require documentation from the Department
19of Children and Family Services as to the reasonable efforts
20that were made to prevent or eliminate the necessity of removal
21of the minor from his or her home or the reasons why no efforts
22reasonably could be made to prevent or eliminate the necessity
23of removal. When a minor is placed in the home of a relative,
24the Department of Children and Family Services shall complete a
25preliminary background review of the members of the minor's
26custodian's household in accordance with Section 4.3 of the

 

 

HB2628- 26 -LRB100 08062 SLF 18148 b

1Child Care Act of 1969 within 90 days of that placement. If the
2minor is ordered placed in a shelter care facility of the
3Department of Children and Family Services or a licensed child
4welfare agency, the court shall, upon request of the
5appropriate Department or other agency, appoint the Department
6of Children and Family Services Guardianship Administrator or
7other appropriate agency executive temporary custodian of the
8minor and the court may enter such other orders related to the
9temporary custody as it deems fit and proper, including the
10provision of services to the minor or his family to ameliorate
11the causes contributing to the finding of probable cause or to
12the finding of the existence of immediate and urgent necessity.
13    Where the Department of Children and Family Services
14Guardianship Administrator is appointed as the executive
15temporary custodian, the Department of Children and Family
16Services shall file with the court and serve on the parties a
17parent-child visiting plan, within 10 days, excluding weekends
18and holidays, after the appointment. The parent-child visiting
19plan shall set out the time and place of visits, the frequency
20of visits, the length of visits, who shall be present at the
21visits, and where appropriate, the minor's opportunities to
22have telephone and mail communication with the parents.
23    Where the Department of Children and Family Services
24Guardianship Administrator is appointed as the executive
25temporary custodian, and when the child has siblings in care,
26the Department of Children and Family Services shall file with

 

 

HB2628- 27 -LRB100 08062 SLF 18148 b

1the court and serve on the parties a sibling placement and
2contact plan within 10 days, excluding weekends and holidays,
3after the appointment. The sibling placement and contact plan
4shall set forth whether the siblings are placed together, and
5if they are not placed together, what, if any, efforts are
6being made to place them together. If the Department has
7determined that it is not in a child's best interest to be
8placed with a sibling, the Department shall document in the
9sibling placement and contact plan the basis for its
10determination. For siblings placed separately, the sibling
11placement and contact plan shall set the time and place for
12visits, the frequency of the visits, the length of visits, who
13shall be present for the visits, and where appropriate, the
14child's opportunities to have contact with their siblings in
15addition to in person contact. If the Department determines it
16is not in the best interest of a sibling to have contact with a
17sibling, the Department shall document in the sibling placement
18and contact plan the basis for its determination. The sibling
19placement and contact plan shall specify a date for development
20of the Sibling Contact Support Plan, under subsection (f) of
21Section 7.4 of the Children and Family Services Act, and shall
22remain in effect until the Sibling Contact Support Plan is
23developed.
24    For good cause, the court may waive the requirement to file
25the parent-child visiting plan or the sibling placement and
26contact plan, or extend the time for filing either plan. Any

 

 

HB2628- 28 -LRB100 08062 SLF 18148 b

1party may, by motion, request the court to review the
2parent-child visiting plan to determine whether it is
3reasonably calculated to expeditiously facilitate the
4achievement of the permanency goal. A party may, by motion,
5request the court to review the parent-child visiting plan or
6the sibling placement and contact plan to determine whether it
7is consistent with the minor's best interest. The court may
8refer the parties to mediation where available. The frequency,
9duration, and locations of visitation shall be measured by the
10needs of the child and family, and not by the convenience of
11Department personnel. Child development principles shall be
12considered by the court in its analysis of how frequent
13visitation should be, how long it should last, where it should
14take place, and who should be present. If upon motion of the
15party to review either plan and after receiving evidence, the
16court determines that the parent-child visiting plan is not
17reasonably calculated to expeditiously facilitate the
18achievement of the permanency goal or that the restrictions
19placed on parent-child contact or sibling placement or contact
20are contrary to the child's best interests, the court shall put
21in writing the factual basis supporting the determination and
22enter specific findings based on the evidence. The court shall
23enter an order for the Department to implement changes to the
24parent-child visiting plan or sibling placement or contact
25plan, consistent with the court's findings. At any stage of
26proceeding, any party may by motion request the court to enter

 

 

HB2628- 29 -LRB100 08062 SLF 18148 b

1any orders necessary to implement the parent-child visiting
2plan, sibling placement or contact plan or subsequently
3developed Sibling Contact Support Plan. Nothing under this
4subsection (2) shall restrict the court from granting
5discretionary authority to the Department to increase
6opportunities for additional parent-child contacts or sibling
7contacts, without further court orders. Nothing in this
8subsection (2) shall restrict the Department from immediately
9restricting or terminating parent-child contact or sibling
10contacts, without either amending the parent-child visiting
11plan or the sibling contact plan or obtaining a court order,
12where the Department or its assigns reasonably believe that
13continuation of the contact, as set out in the plan, would be
14contrary to the child's health, safety, and welfare. The
15Department shall file with the court and serve on the parties
16any amendments to the plan within 10 days, excluding weekends
17and holidays, of the change of the visitation.
18    Acceptance of services shall not be considered an admission
19of any allegation in a petition made pursuant to this Act, nor
20may a referral of services be considered as evidence in any
21proceeding pursuant to this Act, except where the issue is
22whether the Department has made reasonable efforts to reunite
23the family. In making its findings that it is consistent with
24the health, safety and best interests of the minor to prescribe
25shelter care, the court shall state in writing (i) the factual
26basis supporting its findings concerning the immediate and

 

 

HB2628- 30 -LRB100 08062 SLF 18148 b

1urgent necessity for the protection of the minor or of the
2person or property of another and (ii) the factual basis
3supporting its findings that reasonable efforts were made to
4prevent or eliminate the removal of the minor from his or her
5home or that no efforts reasonably could be made to prevent or
6eliminate the removal of the minor from his or her home. The
7parents, guardian, custodian, temporary custodian and minor
8shall each be furnished a copy of such written findings. The
9temporary custodian shall maintain a copy of the court order
10and written findings in the case record for the child. The
11order together with the court's findings of fact in support
12thereof shall be entered of record in the court.
13    Once the court finds that it is a matter of immediate and
14urgent necessity for the protection of the minor that the minor
15be placed in a shelter care facility, the minor shall not be
16returned to the parent, custodian or guardian until the court
17finds that such placement is no longer necessary for the
18protection of the minor.
19    If the child is placed in the temporary custody of the
20Department of Children and Family Services for his or her
21protection, the court shall admonish the parents, guardian,
22custodian or responsible relative that the parents must
23cooperate with the Department of Children and Family Services,
24comply with the terms of the service plans, and correct the
25conditions which require the child to be in care, or risk
26termination of their parental rights. The court shall ensure,

 

 

HB2628- 31 -LRB100 08062 SLF 18148 b

1by inquiring in open court of each parent, guardian, custodian
2or responsible relative, that the parent, guardian, custodian
3or responsible relative has had the opportunity to provide the
4Department with all known names, addresses, and telephone
5numbers of each of the minor's living maternal and paternal
6adult relatives, including, but not limited to, grandparents,
7aunts, uncles, and siblings. The court shall advise the
8parents, guardian, custodian or responsible relative to inform
9the Department if additional information regarding the minor's
10adult relatives becomes available.
11    (3) If prior to the shelter care hearing for a minor
12described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party is
13unable to serve notice on the party respondent, the shelter
14care hearing may proceed ex parte. A shelter care order from an
15ex parte hearing shall be endorsed with the date and hour of
16issuance and shall be filed with the clerk's office and entered
17of record. The order shall expire after 10 days from the time
18it is issued unless before its expiration it is renewed, at a
19hearing upon appearance of the party respondent, or upon an
20affidavit of the moving party as to all diligent efforts to
21notify the party respondent by notice as herein prescribed. The
22notice prescribed shall be in writing and shall be personally
23delivered to the minor or the minor's attorney and to the last
24known address of the other person or persons entitled to
25notice. The notice shall also state the nature of the
26allegations, the nature of the order sought by the State,

 

 

HB2628- 32 -LRB100 08062 SLF 18148 b

1including whether temporary custody is sought, and the
2consequences of failure to appear and shall contain a notice
3that the parties will not be entitled to further written
4notices or publication notices of proceedings in this case,
5including the filing of an amended petition or a motion to
6terminate parental rights, except as required by Supreme Court
7Rule 11; and shall explain the right of the parties and the
8procedures to vacate or modify a shelter care order as provided
9in this Section. The notice for a shelter care hearing shall be
10substantially as follows:
11
NOTICE TO PARENTS AND CHILDREN
12
OF SHELTER CARE HEARING
13        On ................ at ........., before the Honorable
14    ................, (address:) ................., the State
15    of Illinois will present evidence (1) that (name of child
16    or children) ....................... are abused, neglected
17    or dependent for the following reasons:
18    .............................................. and (2)
19    whether there is "immediate and urgent necessity" to remove
20    the child or children from the responsible relative.
21        YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
22    PLACEMENT of the child or children in foster care until a
23    trial can be held. A trial may not be held for up to 90
24    days. You will not be entitled to further notices of
25    proceedings in this case, including the filing of an
26    amended petition or a motion to terminate parental rights.

 

 

HB2628- 33 -LRB100 08062 SLF 18148 b

1        At the shelter care hearing, parents have the following
2    rights:
3            1. To ask the court to appoint a lawyer if they
4        cannot afford one.
5            2. To ask the court to continue the hearing to
6        allow them time to prepare.
7            3. To present evidence concerning:
8                a. Whether or not the child or children were
9            abused, neglected or dependent.
10                b. Whether or not there is "immediate and
11            urgent necessity" to remove the child from home
12            (including: their ability to care for the child,
13            conditions in the home, alternative means of
14            protecting the child other than removal).
15                c. The best interests of the child.
16            4. To cross examine the State's witnesses.
 
17    The Notice for rehearings shall be substantially as
18follows:
19
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
20
TO REHEARING ON TEMPORARY CUSTODY
21        If you were not present at and did not have adequate
22    notice of the Shelter Care Hearing at which temporary
23    custody of ............... was awarded to
24    ................, you have the right to request a full
25    rehearing on whether the State should have temporary

 

 

HB2628- 34 -LRB100 08062 SLF 18148 b

1    custody of ................. To request this rehearing,
2    you must file with the Clerk of the Juvenile Court
3    (address): ........................, in person or by
4    mailing a statement (affidavit) setting forth the
5    following:
6            1. That you were not present at the shelter care
7        hearing.
8            2. That you did not get adequate notice (explaining
9        how the notice was inadequate).
10            3. Your signature.
11            4. Signature must be notarized.
12        The rehearing should be scheduled within 48 hours of
13    your filing this affidavit.
14        At the rehearing, your rights are the same as at the
15    initial shelter care hearing. The enclosed notice explains
16    those rights.
17        At the Shelter Care Hearing, children have the
18    following rights:
19            1. To have a guardian ad litem appointed.
20            2. To be declared competent as a witness and to
21        present testimony concerning:
22                a. Whether they are abused, neglected or
23            dependent.
24                b. Whether there is "immediate and urgent
25            necessity" to be removed from home.
26                c. Their best interests.

 

 

HB2628- 35 -LRB100 08062 SLF 18148 b

1            3. To cross examine witnesses for other parties.
2            4. To obtain an explanation of any proceedings and
3        orders of the court.
4    (4) If the parent, guardian, legal custodian, responsible
5relative, minor age 8 or over, or counsel of the minor did not
6have actual notice of or was not present at the shelter care
7hearing, he or she may file an affidavit setting forth these
8facts, and the clerk shall set the matter for rehearing not
9later than 48 hours, excluding Sundays and legal holidays,
10after the filing of the affidavit. At the rehearing, the court
11shall proceed in the same manner as upon the original hearing.
12    (5) Only when there is reasonable cause to believe that the
13minor taken into custody is a person described in subsection
14(3) of Section 5-105 may the minor be kept or detained in a
15detention home or county or municipal jail. This Section shall
16in no way be construed to limit subsection (6).
17    (6) No minor under 16 years of age may be confined in a
18jail or place ordinarily used for the confinement of prisoners
19in a police station. Minors under 21 years of age for a
20misdemeanor offense or 18 years of age for a felony offense
21must be kept separate from confined adults and may not at any
22time be kept in the same cell, room, or yard with adults
23confined pursuant to the criminal law.
24    (7) If the minor is not brought before a judicial officer
25within the time period as specified in Section 2-9, the minor
26must immediately be released from custody.

 

 

HB2628- 36 -LRB100 08062 SLF 18148 b

1    (8) If neither the parent, guardian or custodian appears
2within 24 hours to take custody of a minor released upon
3request pursuant to subsection (2) of this Section, then the
4clerk of the court shall set the matter for rehearing not later
5than 7 days after the original order and shall issue a summons
6directed to the parent, guardian or custodian to appear. At the
7same time the probation department shall prepare a report on
8the minor. If a parent, guardian or custodian does not appear
9at such rehearing, the judge may enter an order prescribing
10that the minor be kept in a suitable place designated by the
11Department of Children and Family Services or a licensed child
12welfare agency.
13    (9) Notwithstanding any other provision of this Section any
14interested party, including the State, the temporary
15custodian, an agency providing services to the minor or family
16under a service plan pursuant to Section 8.2 of the Abused and
17Neglected Child Reporting Act, foster parent, or any of their
18representatives, on notice to all parties entitled to notice,
19may file a motion that it is in the best interests of the minor
20to modify or vacate a temporary custody order on any of the
21following grounds:
22        (a) It is no longer a matter of immediate and urgent
23    necessity that the minor remain in shelter care; or
24        (b) There is a material change in the circumstances of
25    the natural family from which the minor was removed and the
26    child can be cared for at home without endangering the

 

 

HB2628- 37 -LRB100 08062 SLF 18148 b

1    child's health or safety; or
2        (c) A person not a party to the alleged abuse, neglect
3    or dependency, including a parent, relative or legal
4    guardian, is capable of assuming temporary custody of the
5    minor; or
6        (d) Services provided by the Department of Children and
7    Family Services or a child welfare agency or other service
8    provider have been successful in eliminating the need for
9    temporary custody and the child can be cared for at home
10    without endangering the child's health or safety.
11    In ruling on the motion, the court shall determine whether
12it is consistent with the health, safety and best interests of
13the minor to modify or vacate a temporary custody order.
14    The clerk shall set the matter for hearing not later than
1514 days after such motion is filed. In the event that the court
16modifies or vacates a temporary custody order but does not
17vacate its finding of probable cause, the court may order that
18appropriate services be continued or initiated in behalf of the
19minor and his or her family.
20    (10) When the court finds or has found that there is
21probable cause to believe a minor is an abused minor as
22described in subsection (2) of Section 2-3 and that there is an
23immediate and urgent necessity for the abused minor to be
24placed in shelter care, immediate and urgent necessity shall be
25presumed for any other minor residing in the same household as
26the abused minor provided:

 

 

HB2628- 38 -LRB100 08062 SLF 18148 b

1        (a) Such other minor is the subject of an abuse or
2    neglect petition pending before the court; and
3        (b) A party to the petition is seeking shelter care for
4    such other minor.
5    Once the presumption of immediate and urgent necessity has
6been raised, the burden of demonstrating the lack of immediate
7and urgent necessity shall be on any party that is opposing
8shelter care for the other minor.
9    (11) The changes made to this Section by Public Act 98-61
10apply to a minor who has been arrested or taken into custody on
11or after January 1, 2014 (the effective date of Public Act
1298-61).
13(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 98-803,
14eff. 1-1-15; 99-625, eff. 1-1-17; 99-642, eff. 7-28-16.)
 
15    (705 ILCS 405/3-12)  (from Ch. 37, par. 803-12)
16    Sec. 3-12. Shelter care hearing. At the appearance of the
17minor before the court at the shelter care hearing, all
18witnesses present shall be examined before the court in
19relation to any matter connected with the allegations made in
20the petition.
21    (1) If the court finds that there is not probable cause to
22believe that the minor is a person requiring authoritative
23intervention, it shall release the minor and dismiss the
24petition.
25    (2) If the court finds that there is probable cause to

 

 

HB2628- 39 -LRB100 08062 SLF 18148 b

1believe that the minor is a person requiring authoritative
2intervention, the minor, his or her parent, guardian, custodian
3and other persons able to give relevant testimony shall be
4examined before the court. After such testimony, the court may
5enter an order that the minor shall be released upon the
6request of a parent, guardian or custodian if the parent,
7guardian or custodian appears to take custody. Custodian shall
8include any agency of the State which has been given custody or
9wardship of the child. The Court shall require documentation by
10representatives of the Department of Children and Family
11Services or the probation department as to the reasonable
12efforts that were made to prevent or eliminate the necessity of
13removal of the minor from his or her home, and shall consider
14the testimony of any person as to those reasonable efforts. If
15the court finds that it is a matter of immediate and urgent
16necessity for the protection of the minor or of the person or
17property of another that the minor be placed in a shelter care
18facility, or that he or she is likely to flee the jurisdiction
19of the court, and further finds that reasonable efforts have
20been made or good cause has been shown why reasonable efforts
21cannot prevent or eliminate the necessity of removal of the
22minor from his or her home, the court may prescribe shelter
23care and order that the minor be kept in a suitable place
24designated by the court or in a shelter care facility
25designated by the Department of Children and Family Services or
26a licensed child welfare agency; otherwise it shall release the

 

 

HB2628- 40 -LRB100 08062 SLF 18148 b

1minor from custody. If the court prescribes shelter care, then
2in placing the minor, the Department or other agency shall, to
3the extent compatible with the court's order, comply with
4Section 7 of the Children and Family Services Act. If the minor
5is ordered placed in a shelter care facility of the Department
6of Children and Family Services or a licensed child welfare
7agency, the court shall, upon request of the Department or
8other agency, appoint the Department of Children and Family
9Services Guardianship Administrator or other appropriate
10agency executive temporary custodian of the minor and the court
11may enter such other orders related to the temporary custody as
12it deems fit and proper, including the provision of services to
13the minor or his family to ameliorate the causes contributing
14to the finding of probable cause or to the finding of the
15existence of immediate and urgent necessity. Acceptance of
16services shall not be considered an admission of any allegation
17in a petition made pursuant to this Act, nor may a referral of
18services be considered as evidence in any proceeding pursuant
19to this Act, except where the issue is whether the Department
20has made reasonable efforts to reunite the family. In making
21its findings that reasonable efforts have been made or that
22good cause has been shown why reasonable efforts cannot prevent
23or eliminate the necessity of removal of the minor from his or
24her home, the court shall state in writing its findings
25concerning the nature of the services that were offered or the
26efforts that were made to prevent removal of the child and the

 

 

HB2628- 41 -LRB100 08062 SLF 18148 b

1apparent reasons that such services or efforts could not
2prevent the need for removal. The parents, guardian, custodian,
3temporary custodian and minor shall each be furnished a copy of
4such written findings. The temporary custodian shall maintain a
5copy of the court order and written findings in the case record
6for the child.
7    The order together with the court's findings of fact and
8support thereof shall be entered of record in the court.
9    Once the court finds that it is a matter of immediate and
10urgent necessity for the protection of the minor that the minor
11be placed in a shelter care facility, the minor shall not be
12returned to the parent, custodian or guardian until the court
13finds that such placement is no longer necessary for the
14protection of the minor.
15    (3) If prior to the shelter care hearing for a minor
16described in Sections 2-3, 2-4, 3-3, and 4-3 the petitioner is
17unable to serve notice on the party respondent, the shelter
18care hearing may proceed ex parte. A shelter care order from an
19ex parte hearing shall be endorsed with the date and hour of
20issuance and shall be filed with the clerk's office and entered
21of record. The order shall expire after 10 days from the time
22it is issued unless before its expiration it is renewed, at a
23hearing upon appearance of the party respondent, or upon an
24affidavit of the moving party as to all diligent efforts to
25notify the party respondent by notice as herein prescribed. The
26notice prescribed shall be in writing and shall be personally

 

 

HB2628- 42 -LRB100 08062 SLF 18148 b

1delivered to the minor or the minor's attorney and to the last
2known address of the other person or persons entitled to
3notice. The notice shall also state the nature of the
4allegations, the nature of the order sought by the State,
5including whether temporary custody is sought, and the
6consequences of failure to appear; and shall explain the right
7of the parties and the procedures to vacate or modify a shelter
8care order as provided in this Section. The notice for a
9shelter care hearing shall be substantially as follows:
10
NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING
11    On ................ at ........., before the Honorable
12................, (address:) ................., the State of
13Illinois will present evidence (1) that (name of child or
14children) ....................... are abused, neglected or
15dependent for the following reasons:
16.............................................................
17and (2) that there is "immediate and urgent necessity" to
18remove the child or children from the responsible relative.
19    YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
20PLACEMENT of the child or children in foster care until a trial
21can be held. A trial may not be held for up to 90 days.
22    At the shelter care hearing, parents have the following
23rights:
24        1. To ask the court to appoint a lawyer if they cannot
25    afford one.
26        2. To ask the court to continue the hearing to allow

 

 

HB2628- 43 -LRB100 08062 SLF 18148 b

1    them time to prepare.
2        3. To present evidence concerning:
3            a. Whether or not the child or children were
4        abused, neglected or dependent.
5            b. Whether or not there is "immediate and urgent
6        necessity" to remove the child from home (including:
7        their ability to care for the child, conditions in the
8        home, alternative means of protecting the child other
9        than removal).
10            c. The best interests of the child.
11        4. To cross examine the State's witnesses.
12    The Notice for rehearings shall be substantially as
13follows:
14
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
15
TO REHEARING ON TEMPORARY CUSTODY
16    If you were not present at and did not have adequate notice
17of the Shelter Care Hearing at which temporary custody of
18............... was awarded to ................, you have the
19right to request a full rehearing on whether the State should
20have temporary custody of ................. To request this
21rehearing, you must file with the Clerk of the Juvenile Court
22(address): ........................, in person or by mailing a
23statement (affidavit) setting forth the following:
24        1. That you were not present at the shelter care
25    hearing.
26        2. That you did not get adequate notice (explaining how

 

 

HB2628- 44 -LRB100 08062 SLF 18148 b

1    the notice was inadequate).
2        3. Your signature.
3        4. Signature must be notarized.
4    The rehearing should be scheduled within one day of your
5filing this affidavit.
6    At the rehearing, your rights are the same as at the
7initial shelter care hearing. The enclosed notice explains
8those rights.
9    At the Shelter Care Hearing, children have the following
10rights:
11        1. To have a guardian ad litem appointed.
12        2. To be declared competent as a witness and to present
13    testimony concerning:
14            a. Whether they are abused, neglected or
15        dependent.
16            b. Whether there is "immediate and urgent
17        necessity" to be removed from home.
18            c. Their best interests.
19        3. To cross examine witnesses for other parties.
20        4. To obtain an explanation of any proceedings and
21    orders of the court.
22    (4) If the parent, guardian, legal custodian, responsible
23relative, or counsel of the minor did not have actual notice of
24or was not present at the shelter care hearing, he or she may
25file an affidavit setting forth these facts, and the clerk
26shall set the matter for rehearing not later than 48 hours,

 

 

HB2628- 45 -LRB100 08062 SLF 18148 b

1excluding Sundays and legal holidays, after the filing of the
2affidavit. At the rehearing, the court shall proceed in the
3same manner as upon the original hearing.
4    (5) Only when there is reasonable cause to believe that the
5minor taken into custody is a person described in subsection
6(3) of Section 5-105 may the minor be kept or detained in a
7detention home or county or municipal jail. This Section shall
8in no way be construed to limit subsection (6).
9    (6) No minor under 16 years of age may be confined in a
10jail or place ordinarily used for the confinement of prisoners
11in a police station. Minors under 21 years of age for a
12misdemeanor offense, or 18 years of age for a felony offense
13must be kept separate from confined adults and may not at any
14time be kept in the same cell, room, or yard with adults
15confined pursuant to the criminal law.
16    (7) If the minor is not brought before a judicial officer
17within the time period specified in Section 3-11, the minor
18must immediately be released from custody.
19    (8) If neither the parent, guardian or custodian appears
20within 24 hours to take custody of a minor released upon
21request pursuant to subsection (2) of this Section, then the
22clerk of the court shall set the matter for rehearing not later
23than 7 days after the original order and shall issue a summons
24directed to the parent, guardian or custodian to appear. At the
25same time the probation department shall prepare a report on
26the minor. If a parent, guardian or custodian does not appear

 

 

HB2628- 46 -LRB100 08062 SLF 18148 b

1at such rehearing, the judge may enter an order prescribing
2that the minor be kept in a suitable place designated by the
3Department of Children and Family Services or a licensed child
4welfare agency.
5    (9) Notwithstanding any other provision of this Section,
6any interested party, including the State, the temporary
7custodian, an agency providing services to the minor or family
8under a service plan pursuant to Section 8.2 of the Abused and
9Neglected Child Reporting Act, foster parent, or any of their
10representatives, on notice to all parties entitled to notice,
11may file a motion to modify or vacate a temporary custody order
12on any of the following grounds:
13        (a) It is no longer a matter of immediate and urgent
14    necessity that the minor remain in shelter care; or
15        (b) There is a material change in the circumstances of
16    the natural family from which the minor was removed; or
17        (c) A person, including a parent, relative or legal
18    guardian, is capable of assuming temporary custody of the
19    minor; or
20        (d) Services provided by the Department of Children and
21    Family Services or a child welfare agency or other service
22    provider have been successful in eliminating the need for
23    temporary custody.
24    The clerk shall set the matter for hearing not later than
2514 days after such motion is filed. In the event that the court
26modifies or vacates a temporary custody order but does not

 

 

HB2628- 47 -LRB100 08062 SLF 18148 b

1vacate its finding of probable cause, the court may order that
2appropriate services be continued or initiated in behalf of the
3minor and his or her family.
4    (10) The changes made to this Section by Public Act 98-61
5apply to a minor who has been arrested or taken into custody on
6or after January 1, 2014 (the effective date of Public Act
798-61).
8(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 99-642,
9eff. 7-28-16.)
 
10    (705 ILCS 405/4-9)  (from Ch. 37, par. 804-9)
11    Sec. 4-9. Shelter care hearing. At the appearance of the
12minor before the court at the shelter care hearing, all
13witnesses present shall be examined before the court in
14relation to any matter connected with the allegations made in
15the petition.
16    (1) If the court finds that there is not probable cause to
17believe that the minor is addicted, it shall release the minor
18and dismiss the petition.
19    (2) If the court finds that there is probable cause to
20believe that the minor is addicted, the minor, his or her
21parent, guardian, custodian and other persons able to give
22relevant testimony shall be examined before the court. After
23such testimony, the court may enter an order that the minor
24shall be released upon the request of a parent, guardian or
25custodian if the parent, guardian or custodian appears to take

 

 

HB2628- 48 -LRB100 08062 SLF 18148 b

1custody and agrees to abide by a court order which requires the
2minor and his or her parent, guardian, or legal custodian to
3complete an evaluation by an entity licensed by the Department
4of Human Services, as the successor to the Department of
5Alcoholism and Substance Abuse, and complete any treatment
6recommendations indicated by the assessment. Custodian shall
7include any agency of the State which has been given custody or
8wardship of the child.
9    The Court shall require documentation by representatives
10of the Department of Children and Family Services or the
11probation department as to the reasonable efforts that were
12made to prevent or eliminate the necessity of removal of the
13minor from his or her home, and shall consider the testimony of
14any person as to those reasonable efforts. If the court finds
15that it is a matter of immediate and urgent necessity for the
16protection of the minor or of the person or property of another
17that the minor be or placed in a shelter care facility or that
18he or she is likely to flee the jurisdiction of the court, and
19further, finds that reasonable efforts have been made or good
20cause has been shown why reasonable efforts cannot prevent or
21eliminate the necessity of removal of the minor from his or her
22home, the court may prescribe shelter care and order that the
23minor be kept in a suitable place designated by the court or in
24a shelter care facility designated by the Department of
25Children and Family Services or a licensed child welfare
26agency, or in a facility or program licensed by the Department

 

 

HB2628- 49 -LRB100 08062 SLF 18148 b

1of Human Services for shelter and treatment services; otherwise
2it shall release the minor from custody. If the court
3prescribes shelter care, then in placing the minor, the
4Department or other agency shall, to the extent compatible with
5the court's order, comply with Section 7 of the Children and
6Family Services Act. If the minor is ordered placed in a
7shelter care facility of the Department of Children and Family
8Services or a licensed child welfare agency, or in a facility
9or program licensed by the Department of Human Services for
10shelter and treatment services, the court shall, upon request
11of the appropriate Department or other agency, appoint the
12Department of Children and Family Services Guardianship
13Administrator or other appropriate agency executive temporary
14custodian of the minor and the court may enter such other
15orders related to the temporary custody as it deems fit and
16proper, including the provision of services to the minor or his
17family to ameliorate the causes contributing to the finding of
18probable cause or to the finding of the existence of immediate
19and urgent necessity. Acceptance of services shall not be
20considered an admission of any allegation in a petition made
21pursuant to this Act, nor may a referral of services be
22considered as evidence in any proceeding pursuant to this Act,
23except where the issue is whether the Department has made
24reasonable efforts to reunite the family. In making its
25findings that reasonable efforts have been made or that good
26cause has been shown why reasonable efforts cannot prevent or

 

 

HB2628- 50 -LRB100 08062 SLF 18148 b

1eliminate the necessity of removal of the minor from his or her
2home, the court shall state in writing its findings concerning
3the nature of the services that were offered or the efforts
4that were made to prevent removal of the child and the apparent
5reasons that such services or efforts could not prevent the
6need for removal. The parents, guardian, custodian, temporary
7custodian and minor shall each be furnished a copy of such
8written findings. The temporary custodian shall maintain a copy
9of the court order and written findings in the case record for
10the child. The order together with the court's findings of fact
11in support thereof shall be entered of record in the court.
12    Once the court finds that it is a matter of immediate and
13urgent necessity for the protection of the minor that the minor
14be placed in a shelter care facility, the minor shall not be
15returned to the parent, custodian or guardian until the court
16finds that such placement is no longer necessary for the
17protection of the minor.
18    (3) If neither the parent, guardian, legal custodian,
19responsible relative nor counsel of the minor has had actual
20notice of or is present at the shelter care hearing, he or she
21may file his or her affidavit setting forth these facts, and
22the clerk shall set the matter for rehearing not later than 24
23hours, excluding Sundays and legal holidays, after the filing
24of the affidavit. At the rehearing, the court shall proceed in
25the same manner as upon the original hearing.
26    (4) If the minor is not brought before a judicial officer

 

 

HB2628- 51 -LRB100 08062 SLF 18148 b

1within the time period as specified in Section 4-8, the minor
2must immediately be released from custody.
3    (5) Only when there is reasonable cause to believe that the
4minor taken into custody is a person described in subsection
5(3) of Section 5-105 may the minor be kept or detained in a
6detention home or county or municipal jail. This Section shall
7in no way be construed to limit subsection (6).
8    (6) No minor under 16 years of age may be confined in a
9jail or place ordinarily used for the confinement of prisoners
10in a police station. Minors under 21 years of age for a
11misdemeanor offense or 18 years of age for a felony offense
12must be kept separate from confined adults and may not at any
13time be kept in the same cell, room or yard with adults
14confined pursuant to the criminal law.
15    (7) If neither the parent, guardian or custodian appears
16within 24 hours to take custody of a minor released upon
17request pursuant to subsection (2) of this Section, then the
18clerk of the court shall set the matter for rehearing not later
19than 7 days after the original order and shall issue a summons
20directed to the parent, guardian or custodian to appear. At the
21same time the probation department shall prepare a report on
22the minor. If a parent, guardian or custodian does not appear
23at such rehearing, the judge may enter an order prescribing
24that the minor be kept in a suitable place designated by the
25Department of Children and Family Services or a licensed child
26welfare agency.

 

 

HB2628- 52 -LRB100 08062 SLF 18148 b

1    (8) Any interested party, including the State, the
2temporary custodian, an agency providing services to the minor
3or family under a service plan pursuant to Section 8.2 of the
4Abused and Neglected Child Reporting Act, foster parent, or any
5of their representatives, may file a motion to modify or vacate
6a temporary custody order on any of the following grounds:
7        (a) It is no longer a matter of immediate and urgent
8    necessity that the minor remain in shelter care; or
9        (b) There is a material change in the circumstances of
10    the natural family from which the minor was removed; or
11        (c) A person, including a parent, relative or legal
12    guardian, is capable of assuming temporary custody of the
13    minor; or
14        (d) Services provided by the Department of Children and
15    Family Services or a child welfare agency or other service
16    provider have been successful in eliminating the need for
17    temporary custody.
18    The clerk shall set the matter for hearing not later than
1914 days after such motion is filed. In the event that the court
20modifies or vacates a temporary custody order but does not
21vacate its finding of probable cause, the court may order that
22appropriate services be continued or initiated in behalf of the
23minor and his or her family.
24    (9) The changes made to this Section by Public Act 98-61
25apply to a minor who has been arrested or taken into custody on
26or after January 1, 2014 (the effective date of Public Act

 

 

HB2628- 53 -LRB100 08062 SLF 18148 b

198-61).
2(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; revised
310-6-16.)
 
4    (705 ILCS 405/5-105)
5    Sec. 5-105. Definitions. As used in this Article:
6        (1) "Aftercare release" means the conditional and
7    revocable release of an adjudicated delinquent juvenile
8    committed to the Department of Juvenile Justice under the
9    supervision of the Department of Juvenile Justice.
10        (1.5) "Court" means the circuit court in a session or
11    division assigned to hear proceedings under this Act, and
12    includes the term Juvenile Court.
13        (2) "Community service" means uncompensated labor for
14    a community service agency as hereinafter defined.
15        (2.5) "Community service agency" means a
16    not-for-profit organization, community organization,
17    church, charitable organization, individual, public
18    office, or other public body whose purpose is to enhance
19    the physical or mental health of a delinquent minor or to
20    rehabilitate the minor, or to improve the environmental
21    quality or social welfare of the community which agrees to
22    accept community service from juvenile delinquents and to
23    report on the progress of the community service to the
24    State's Attorney pursuant to an agreement or to the court
25    or to any agency designated by the court or to the

 

 

HB2628- 54 -LRB100 08062 SLF 18148 b

1    authorized diversion program that has referred the
2    delinquent minor for community service.
3        (3) "Delinquent minor" means any minor who prior to his
4    or her 21st birthday for a misdemeanor offense or 18th
5    birthday for a felony offense who has violated or attempted
6    to violate, regardless of where the act occurred, any
7    federal, State, county or municipal law or ordinance.
8        (4) "Department" means the Department of Human
9    Services unless specifically referenced as another
10    department.
11        (5) "Detention" means the temporary care of a minor who
12    is alleged to be or has been adjudicated delinquent and who
13    requires secure custody for the minor's own protection or
14    the community's protection in a facility designed to
15    physically restrict the minor's movements, pending
16    disposition by the court or execution of an order of the
17    court for placement or commitment. Design features that
18    physically restrict movement include, but are not limited
19    to, locked rooms and the secure handcuffing of a minor to a
20    rail or other stationary object. In addition, "detention"
21    includes the court ordered care of an alleged or
22    adjudicated delinquent minor who requires secure custody
23    pursuant to Section 5-125 of this Act.
24        (6) "Diversion" means the referral of a juvenile,
25    without court intervention, into a program that provides
26    services designed to educate the juvenile and develop a

 

 

HB2628- 55 -LRB100 08062 SLF 18148 b

1    productive and responsible approach to living in the
2    community.
3        (7) "Juvenile detention home" means a public facility
4    with specially trained staff that conforms to the county
5    juvenile detention standards adopted by the Department of
6    Juvenile Justice.
7        (8) "Juvenile justice continuum" means a set of
8    delinquency prevention programs and services designed for
9    the purpose of preventing or reducing delinquent acts,
10    including criminal activity by youth gangs, as well as
11    intervention, rehabilitation, and prevention services
12    targeted at minors who have committed delinquent acts, and
13    minors who have previously been committed to residential
14    treatment programs for delinquents. The term includes
15    children-in-need-of-services and
16    families-in-need-of-services programs; aftercare and
17    reentry services; substance abuse and mental health
18    programs; community service programs; community service
19    work programs; and alternative-dispute resolution programs
20    serving youth-at-risk of delinquency and their families,
21    whether offered or delivered by State or local governmental
22    entities, public or private for-profit or not-for-profit
23    organizations, or religious or charitable organizations.
24    This term would also encompass any program or service
25    consistent with the purpose of those programs and services
26    enumerated in this subsection.

 

 

HB2628- 56 -LRB100 08062 SLF 18148 b

1        (9) "Juvenile police officer" means a sworn police
2    officer who has completed a Basic Recruit Training Course,
3    has been assigned to the position of juvenile police
4    officer by his or her chief law enforcement officer and has
5    completed the necessary juvenile officers training as
6    prescribed by the Illinois Law Enforcement Training
7    Standards Board, or in the case of a State police officer,
8    juvenile officer training approved by the Director of State
9    Police.
10        (10) "Minor" means a person under the age of 21 years
11    subject to this Act.
12        (11) "Non-secure custody" means confinement where the
13    minor is not physically restricted by being placed in a
14    locked cell or room, by being handcuffed to a rail or other
15    stationary object, or by other means. Non-secure custody
16    may include, but is not limited to, electronic monitoring,
17    foster home placement, home confinement, group home
18    placement, or physical restriction of movement or activity
19    solely through facility staff.
20        (12) "Public or community service" means uncompensated
21    labor for a not-for-profit organization or public body
22    whose purpose is to enhance physical or mental stability of
23    the offender, environmental quality or the social welfare
24    and which agrees to accept public or community service from
25    offenders and to report on the progress of the offender and
26    the public or community service to the court or to the

 

 

HB2628- 57 -LRB100 08062 SLF 18148 b

1    authorized diversion program that has referred the
2    offender for public or community service. "Public or
3    community service" does not include blood donation or
4    assignment to labor at a blood bank. For the purposes of
5    this Act, "blood bank" has the meaning ascribed to the term
6    in Section 2-124 of the Illinois Clinical Laboratory and
7    Blood Bank Act.
8        (13) "Sentencing hearing" means a hearing to determine
9    whether a minor should be adjudged a ward of the court, and
10    to determine what sentence should be imposed on the minor.
11    It is the intent of the General Assembly that the term
12    "sentencing hearing" replace the term "dispositional
13    hearing" and be synonymous with that definition as it was
14    used in the Juvenile Court Act of 1987.
15        (14) "Shelter" means the temporary care of a minor in
16    physically unrestricting facilities pending court
17    disposition or execution of court order for placement.
18        (15) "Site" means a not-for-profit organization,
19    public body, church, charitable organization, or
20    individual agreeing to accept community service from
21    offenders and to report on the progress of ordered or
22    required public or community service to the court or to the
23    authorized diversion program that has referred the
24    offender for public or community service.
25        (16) "Station adjustment" means the informal or formal
26    handling of an alleged offender by a juvenile police

 

 

HB2628- 58 -LRB100 08062 SLF 18148 b

1    officer.
2        (17) "Trial" means a hearing to determine whether the
3    allegations of a petition under Section 5-520 that a minor
4    is delinquent are proved beyond a reasonable doubt. It is
5    the intent of the General Assembly that the term "trial"
6    replace the term "adjudicatory hearing" and be synonymous
7    with that definition as it was used in the Juvenile Court
8    Act of 1987.
9    The changes made to this Section by Public Act 98-61 apply
10to violations or attempted violations committed on or after
11January 1, 2014 (the effective date of Public Act 98-61).
12(Source: P.A. 98-61, eff. 1-1-14; 98-558, eff. 1-1-14; 98-685,
13eff. 1-1-15; 98-756, eff. 7-16-14; 98-824, eff. 1-1-15; 99-78,
14eff. 7-20-15.)
 
15    (705 ILCS 405/5-120)
16    Sec. 5-120. Exclusive jurisdiction. Proceedings may be
17instituted under the provisions of this Article concerning any
18minor who prior to his or her 21st birthday for a misdemeanor
19offense or 18th birthday for a felony offense who has violated
20or attempted to violate, regardless of where the act occurred,
21any federal, State, county or municipal law or ordinance.
22Except as provided in Sections 5-125, 5-130, 5-805, and 5-810
23of this Article, no minor who was under 21 years of age for a
24misdemeanor offense or 18 years of age for a felony offense at
25the time of the alleged offense may be prosecuted under the

 

 

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1criminal laws of this State.
2    The changes made to this Section by this amendatory Act of
3the 98th General Assembly apply to violations or attempted
4violations committed on or after the effective date of this
5amendatory Act.
6    The changes made to this Section by this amendatory Act of
7the 100th General Assembly apply to violations or attempted
8violations committed on or after the effective date of this
9amendatory Act.
10(Source: P.A. 98-61, eff. 1-1-14.)
 
11    (705 ILCS 405/5-130)
12    Sec. 5-130. Excluded jurisdiction.
13    (1)(a) The definition of delinquent minor under Section
145-120 of this Article shall not apply to any minor who at the
15time of an offense was at least 16 years of age and who is
16charged with: (i) first degree murder, (ii) aggravated criminal
17sexual assault, or (iii) aggravated battery with a firearm as
18described in Section 12-4.2 or subdivision (e)(1), (e)(2),
19(e)(3), or (e)(4) of Section 12-3.05 where the minor personally
20discharged a firearm as defined in Section 2-15.5 of the
21Criminal Code of 1961 or the Criminal Code of 2012.
22    These charges and all other charges arising out of the same
23incident shall be prosecuted under the criminal laws of this
24State.
25    (b)(i) If before trial or plea an information or indictment

 

 

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1is filed that does not charge an offense specified in paragraph
2(a) of this subsection (1) the State's Attorney may proceed on
3any lesser charge or charges, but only in Juvenile Court under
4the provisions of this Article. The State's Attorney may
5proceed on a lesser charge if before trial the minor defendant
6knowingly and with advice of counsel waives, in writing, his or
7her right to have the matter proceed in Juvenile Court.
8    (ii) If before trial or plea an information or indictment
9is filed that includes one or more charges specified in
10paragraph (a) of this subsection (1) and additional charges
11that are not specified in that paragraph, all of the charges
12arising out of the same incident shall be prosecuted under the
13Criminal Code of 1961 or the Criminal Code of 2012.
14    (c)(i) If after trial or plea the minor is convicted of any
15offense covered by paragraph (a) of this subsection (1), then,
16in sentencing the minor, the court shall sentence the minor
17under Section 5-4.5-105 of the Unified Code of Corrections.
18    (ii) If after trial or plea the court finds that the minor
19committed an offense not covered by paragraph (a) of this
20subsection (1), that finding shall not invalidate the verdict
21or the prosecution of the minor under the criminal laws of the
22State; however, unless the State requests a hearing for the
23purpose of sentencing the minor under Chapter V of the Unified
24Code of Corrections, the Court must proceed under Sections
255-705 and 5-710 of this Article. To request a hearing, the
26State must file a written motion within 10 days following the

 

 

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1entry of a finding or the return of a verdict. Reasonable
2notice of the motion shall be given to the minor or his or her
3counsel. If the motion is made by the State, the court shall
4conduct a hearing to determine if the minor should be sentenced
5under Chapter V of the Unified Code of Corrections. In making
6its determination, the court shall consider among other
7matters: (a) whether there is evidence that the offense was
8committed in an aggressive and premeditated manner; (b) the age
9of the minor; (c) the previous history of the minor; (d)
10whether there are facilities particularly available to the
11Juvenile Court or the Department of Juvenile Justice for the
12treatment and rehabilitation of the minor; (e) whether the
13security of the public requires sentencing under Chapter V of
14the Unified Code of Corrections; and (f) whether the minor
15possessed a deadly weapon when committing the offense. The
16rules of evidence shall be the same as if at trial. If after
17the hearing the court finds that the minor should be sentenced
18under Chapter V of the Unified Code of Corrections, then the
19court shall sentence the minor under Section 5-4.5-105 of the
20Unified Code of Corrections.
21    (2) (Blank).
22    (3) (Blank).
23    (4) (Blank).
24    (5) (Blank).
25    (6) (Blank).
26    (7) The procedures set out in this Article for the

 

 

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1investigation, arrest and prosecution of juvenile offenders
2shall not apply to minors who are excluded from jurisdiction of
3the Juvenile Court, except that minors under 21 years of age
4for a misdemeanor offense or 18 years of age for a felony
5offense shall be kept separate from confined adults.
6    (8) Nothing in this Act prohibits or limits the prosecution
7of any minor for an offense committed on or after his or her
821st birthday for a misdemeanor offense or 18th birthday for a
9felony offense even though he or she is at the time of the
10offense a ward of the court.
11    (9) If an original petition for adjudication of wardship
12alleges the commission by a minor 13 years of age or over of an
13act that constitutes a crime under the laws of this State, the
14minor, with the consent of his or her counsel, may, at any time
15before commencement of the adjudicatory hearing, file with the
16court a motion that criminal prosecution be ordered and that
17the petition be dismissed insofar as the act or acts involved
18in the criminal proceedings are concerned. If such a motion is
19filed as herein provided, the court shall enter its order
20accordingly.
21    (10) If, prior to August 12, 2005 (the effective date of
22Public Act 94-574), a minor is charged with a violation of
23Section 401 of the Illinois Controlled Substances Act under the
24criminal laws of this State, other than a minor charged with a
25Class X felony violation of the Illinois Controlled Substances
26Act or the Methamphetamine Control and Community Protection

 

 

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1Act, any party including the minor or the court sua sponte may,
2before trial, move for a hearing for the purpose of trying and
3sentencing the minor as a delinquent minor. To request a
4hearing, the party must file a motion prior to trial.
5Reasonable notice of the motion shall be given to all parties.
6On its own motion or upon the filing of a motion by one of the
7parties including the minor, the court shall conduct a hearing
8to determine whether the minor should be tried and sentenced as
9a delinquent minor under this Article. In making its
10determination, the court shall consider among other matters:
11        (a) The age of the minor;
12        (b) Any previous delinquent or criminal history of the
13    minor;
14        (c) Any previous abuse or neglect history of the minor;
15        (d) Any mental health or educational history of the
16    minor, or both; and
17        (e) Whether there is probable cause to support the
18    charge, whether the minor is charged through
19    accountability, and whether there is evidence the minor
20    possessed a deadly weapon or caused serious bodily harm
21    during the offense.
22    Any material that is relevant and reliable shall be
23admissible at the hearing. In all cases, the judge shall enter
24an order permitting prosecution under the criminal laws of
25Illinois unless the judge makes a finding based on a
26preponderance of the evidence that the minor would be amenable

 

 

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1to the care, treatment, and training programs available through
2the facilities of the juvenile court based on an evaluation of
3the factors listed in this subsection (10).
4    (11) The changes made to this Section by Public Act 98-61
5apply to a minor who has been arrested or taken into custody on
6or after January 1, 2014 (the effective date of Public Act
798-61).
8(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 99-258,
9eff. 1-1-16.)
 
10    (705 ILCS 405/5-401.5)
11    Sec. 5-401.5. When statements by minor may be used.
12    (a) In this Section, "custodial interrogation" means any
13interrogation (i) during which a reasonable person in the
14subject's position would consider himself or herself to be in
15custody and (ii) during which a question is asked that is
16reasonably likely to elicit an incriminating response.
17    In this Section, "electronic recording" includes motion
18picture, audiotape, videotape, or digital recording.
19    In this Section, "place of detention" means a building or a
20police station that is a place of operation for a municipal
21police department or county sheriff department or other law
22enforcement agency at which persons are or may be held in
23detention in connection with criminal charges against those
24persons or allegations that those persons are delinquent
25minors.

 

 

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1    (a-5) An oral, written, or sign language statement of a
2minor, who at the time of the commission of the offense was
3under 21 years of age for a misdemeanor offense or 18 years of
4age for a felony offense, is presumed to be inadmissible when
5the statement is obtained from the minor while the minor is
6subject to custodial interrogation by a law enforcement
7officer, State's Attorney, juvenile officer, or other public
8official or employee prior to the officer, State's Attorney,
9public official, or employee:
10        (1) continuously reads to the minor, in its entirety
11    and without stopping for purposes of a response from the
12    minor or verifying comprehension, the following statement:
13    "You have the right to remain silent. That means you do not
14    have to say anything. Anything you do say can be used
15    against you in court. You have the right to get help from a
16    lawyer. If you cannot pay for a lawyer, the court will get
17    you one for free. You can ask for a lawyer at any time. You
18    have the right to stop this interview at any time."; and
19        (2) after reading the statement required by paragraph
20    (1) of this subsection (a-5), the public official or
21    employee shall ask the minor the following questions and
22    wait for the minor's response to each question:
23            (A) "Do you want to have a lawyer?"
24            (B) "Do you want to talk to me?"
25    (b) An oral, written, or sign language statement of a minor
26who, at the time of the commission of the offense was under the

 

 

HB2628- 66 -LRB100 08062 SLF 18148 b

1age of 21 for a misdemeanor offense or 18 years for a felony
2offense, made as a result of a custodial interrogation
3conducted at a police station or other place of detention on or
4after the effective date of this amendatory Act of the 99th
5General Assembly and on or after the effective date of this
6amendatory Act of the 100th General Assembly shall be presumed
7to be inadmissible as evidence against the minor in any
8criminal proceeding or juvenile court proceeding, for an act
9that if committed by an adult would be a misdemeanor offense
10under Article 11 of the Criminal Code of 2012 or any felony
11offense unless:
12        (1) an electronic recording is made of the custodial
13    interrogation; and
14        (2) the recording is substantially accurate and not
15    intentionally altered.
16    (b-5) (Blank).
17    (b-10) If, during the course of an electronically recorded
18custodial interrogation conducted under this Section of a minor
19who, at the time of the commission of the offense was under the
20age of 21 years for a misdemeanor offense or 18 years for a
21felony offense, the minor makes a statement that creates a
22reasonable suspicion to believe the minor has committed an act
23that if committed by an adult would be an offense other than an
24offense required to be recorded under subsection (b), the
25interrogators may, without the minor's consent, continue to
26record the interrogation as it relates to the other offense

 

 

HB2628- 67 -LRB100 08062 SLF 18148 b

1notwithstanding any provision of law to the contrary. Any oral,
2written, or sign language statement of a minor made as a result
3of an interrogation under this subsection shall be presumed to
4be inadmissible as evidence against the minor in any criminal
5proceeding or juvenile court proceeding, unless the recording
6is substantially accurate and not intentionally altered.
7    (c) Every electronic recording made under this Section must
8be preserved until such time as the minor's adjudication for
9any offense relating to the statement is final and all direct
10and habeas corpus appeals are exhausted, or the prosecution of
11such offenses is barred by law.
12    (d) If the court finds, by a preponderance of the evidence,
13that the minor was subjected to a custodial interrogation in
14violation of this Section, then any statements made by the
15minor during or following that non-recorded custodial
16interrogation, even if otherwise in compliance with this
17Section, are presumed to be inadmissible in any criminal
18proceeding or juvenile court proceeding against the minor
19except for the purposes of impeachment.
20    (e) Nothing in this Section precludes the admission (i) of
21a statement made by the minor in open court in any criminal
22proceeding or juvenile court proceeding, before a grand jury,
23or at a preliminary hearing, (ii) of a statement made during a
24custodial interrogation that was not recorded as required by
25this Section because electronic recording was not feasible,
26(iii) of a voluntary statement, whether or not the result of a

 

 

HB2628- 68 -LRB100 08062 SLF 18148 b

1custodial interrogation, that has a bearing on the credibility
2of the accused as a witness, (iv) of a spontaneous statement
3that is not made in response to a question, (v) of a statement
4made after questioning that is routinely asked during the
5processing of the arrest of the suspect, (vi) of a statement
6made during a custodial interrogation by a suspect who
7requests, prior to making the statement, to respond to the
8interrogator's questions only if an electronic recording is not
9made of the statement, provided that an electronic recording is
10made of the statement of agreeing to respond to the
11interrogator's question, only if a recording is not made of the
12statement, (vii) of a statement made during a custodial
13interrogation that is conducted out-of-state, (viii) of a
14statement given in violation of subsection (b) at a time when
15the interrogators are unaware that a death has in fact
16occurred, (ix) (blank), or (x) of any other statement that may
17be admissible under law. The State shall bear the burden of
18proving, by a preponderance of the evidence, that one of the
19exceptions described in this subsection (e) is applicable.
20Nothing in this Section precludes the admission of a statement,
21otherwise inadmissible under this Section, that is used only
22for impeachment and not as substantive evidence.
23    (f) The presumption of inadmissibility of a statement made
24by a suspect at a custodial interrogation at a police station
25or other place of detention may be overcome by a preponderance
26of the evidence that the statement was voluntarily given and is

 

 

HB2628- 69 -LRB100 08062 SLF 18148 b

1reliable, based on the totality of the circumstances.
2    (g) Any electronic recording of any statement made by a
3minor during a custodial interrogation that is compiled by any
4law enforcement agency as required by this Section for the
5purposes of fulfilling the requirements of this Section shall
6be confidential and exempt from public inspection and copying,
7as provided under Section 7 of the Freedom of Information Act,
8and the information shall not be transmitted to anyone except
9as needed to comply with this Section.
10    (h) A statement, admission, confession, or incriminating
11information made by or obtained from a minor related to the
12instant offense, as part of any behavioral health screening,
13assessment, evaluation, or treatment, whether or not
14court-ordered, shall not be admissible as evidence against the
15minor on the issue of guilt only in the instant juvenile court
16proceeding. The provisions of this subsection (h) are in
17addition to and do not override any existing statutory and
18constitutional prohibition on the admission into evidence in
19delinquency proceedings of information obtained during
20screening, assessment, or treatment.
21    (i) The changes made to this Section by Public Act 98-61
22apply to statements of a minor made on or after January 1, 2014
23(the effective date of Public Act 98-61).
24(Source: P.A. 98-61, eff. 1-1-14; 98-547, eff. 1-1-14; 98-756,
25eff. 7-16-14; 99-882, eff. 1-1-17.)
 

 

 

HB2628- 70 -LRB100 08062 SLF 18148 b

1    (705 ILCS 405/5-410)
2    Sec. 5-410. Non-secure custody or detention.
3    (1) Any minor arrested or taken into custody pursuant to
4this Act who requires care away from his or her home but who
5does not require physical restriction shall be given temporary
6care in a foster family home or other shelter facility
7designated by the court.
8    (2) (a) Any minor 10 years of age or older arrested
9pursuant to this Act where there is probable cause to believe
10that the minor is a delinquent minor and that (i) secured
11custody is a matter of immediate and urgent necessity for the
12protection of the minor or of the person or property of
13another, (ii) the minor is likely to flee the jurisdiction of
14the court, or (iii) the minor was taken into custody under a
15warrant, may be kept or detained in an authorized detention
16facility. A minor under 13 years of age shall not be admitted,
17kept, or detained in a detention facility unless a local youth
18service provider, including a provider through the
19Comprehensive Community Based Youth Services network, has been
20contacted and has not been able to accept the minor. No minor
21under 12 years of age shall be detained in a county jail or a
22municipal lockup for more than 6 hours.
23    (b) The written authorization of the probation officer or
24detention officer (or other public officer designated by the
25court in a county having 3,000,000 or more inhabitants)
26constitutes authority for the superintendent of any juvenile

 

 

HB2628- 71 -LRB100 08062 SLF 18148 b

1detention home to detain and keep a minor for up to 40 hours,
2excluding Saturdays, Sundays and court-designated holidays.
3These records shall be available to the same persons and
4pursuant to the same conditions as are law enforcement records
5as provided in Section 5-905.
6    (b-4) The consultation required by subsection (b-5) shall
7not be applicable if the probation officer or detention officer
8(or other public officer designated by the court in a county
9having 3,000,000 or more inhabitants) utilizes a scorable
10detention screening instrument, which has been developed with
11input by the State's Attorney, to determine whether a minor
12should be detained, however, subsection (b-5) shall still be
13applicable where no such screening instrument is used or where
14the probation officer, detention officer (or other public
15officer designated by the court in a county having 3,000,000 or
16more inhabitants) deviates from the screening instrument.
17    (b-5) Subject to the provisions of subsection (b-4), if a
18probation officer or detention officer (or other public officer
19designated by the court in a county having 3,000,000 or more
20inhabitants) does not intend to detain a minor for an offense
21which constitutes one of the following offenses he or she shall
22consult with the State's Attorney's Office prior to the release
23of the minor: first degree murder, second degree murder,
24involuntary manslaughter, criminal sexual assault, aggravated
25criminal sexual assault, aggravated battery with a firearm as
26described in Section 12-4.2 or subdivision (e)(1), (e)(2),

 

 

HB2628- 72 -LRB100 08062 SLF 18148 b

1(e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous
2battery involving permanent disability or disfigurement or
3great bodily harm, robbery, aggravated robbery, armed robbery,
4vehicular hijacking, aggravated vehicular hijacking, vehicular
5invasion, arson, aggravated arson, kidnapping, aggravated
6kidnapping, home invasion, burglary, or residential burglary.
7    (c) Except as otherwise provided in paragraph (a), (d), or
8(e), no minor shall be detained in a county jail or municipal
9lockup for more than 12 hours, unless the offense is a crime of
10violence in which case the minor may be detained up to 24
11hours. For the purpose of this paragraph, "crime of violence"
12has the meaning ascribed to it in Section 1-10 of the
13Alcoholism and Other Drug Abuse and Dependency Act.
14        (i) The period of detention is deemed to have begun
15    once the minor has been placed in a locked room or cell or
16    handcuffed to a stationary object in a building housing a
17    county jail or municipal lockup. Time spent transporting a
18    minor is not considered to be time in detention or secure
19    custody.
20        (ii) Any minor so confined shall be under periodic
21    supervision and shall not be permitted to come into or
22    remain in contact with adults in custody in the building.
23        (iii) Upon placement in secure custody in a jail or
24    lockup, the minor shall be informed of the purpose of the
25    detention, the time it is expected to last and the fact
26    that it cannot exceed the time specified under this Act.

 

 

HB2628- 73 -LRB100 08062 SLF 18148 b

1        (iv) A log shall be kept which shows the offense which
2    is the basis for the detention, the reasons and
3    circumstances for the decision to detain and the length of
4    time the minor was in detention.
5        (v) Violation of the time limit on detention in a
6    county jail or municipal lockup shall not, in and of
7    itself, render inadmissible evidence obtained as a result
8    of the violation of this time limit. Minors under 21 years
9    of age for a misdemeanor offense or 18 years of age for a
10    felony offense shall be kept separate from confined adults
11    and may not at any time be kept in the same cell, room or
12    yard with adults confined pursuant to criminal law. Persons
13    18 years of age and older who have a petition of
14    delinquency filed against them for a felony offense may be
15    confined in an adult detention facility. In making a
16    determination whether to confine a person 18 years of age
17    or older who has a petition of delinquency filed against
18    the person, these factors, among other matters, shall be
19    considered:
20            (A) The age of the person;
21            (B) Any previous delinquent or criminal history of
22        the person;
23            (C) Any previous abuse or neglect history of the
24        person; and
25            (D) Any mental health or educational history of the
26        person, or both.

 

 

HB2628- 74 -LRB100 08062 SLF 18148 b

1    (d) (i) If a minor 12 years of age or older is confined in a
2county jail in a county with a population below 3,000,000
3inhabitants, then the minor's confinement shall be implemented
4in such a manner that there will be no contact by sight, sound
5or otherwise between the minor and adult prisoners. Minors 12
6years of age or older must be kept separate from confined
7adults and may not at any time be kept in the same cell, room,
8or yard with confined adults. This paragraph (d)(i) shall only
9apply to confinement pending an adjudicatory hearing and shall
10not exceed 40 hours, excluding Saturdays, Sundays and court
11designated holidays. To accept or hold minors during this time
12period, county jails shall comply with all monitoring standards
13adopted by the Department of Corrections and training standards
14approved by the Illinois Law Enforcement Training Standards
15Board.
16    (ii) To accept or hold minors, 12 years of age or older,
17after the time period prescribed in paragraph (d)(i) of this
18subsection (2) of this Section but not exceeding 7 days
19including Saturdays, Sundays and holidays pending an
20adjudicatory hearing, county jails shall comply with all
21temporary detention standards adopted by the Department of
22Corrections and training standards approved by the Illinois Law
23Enforcement Training Standards Board.
24    (iii) To accept or hold minors 12 years of age or older,
25after the time period prescribed in paragraphs (d)(i) and
26(d)(ii) of this subsection (2) of this Section, county jails

 

 

HB2628- 75 -LRB100 08062 SLF 18148 b

1shall comply with all county juvenile detention standards
2adopted by the Department of Juvenile Justice.
3    (e) When a minor who is at least 15 years of age is
4prosecuted under the criminal laws of this State, the court may
5enter an order directing that the juvenile be confined in the
6county jail. However, any juvenile confined in the county jail
7under this provision shall be separated from adults who are
8confined in the county jail in such a manner that there will be
9no contact by sight, sound or otherwise between the juvenile
10and adult prisoners.
11    (f) For purposes of appearing in a physical lineup, the
12minor may be taken to a county jail or municipal lockup under
13the direct and constant supervision of a juvenile police
14officer. During such time as is necessary to conduct a lineup,
15and while supervised by a juvenile police officer, the sight
16and sound separation provisions shall not apply.
17    (g) For purposes of processing a minor, the minor may be
18taken to a County Jail or municipal lockup under the direct and
19constant supervision of a law enforcement officer or
20correctional officer. During such time as is necessary to
21process the minor, and while supervised by a law enforcement
22officer or correctional officer, the sight and sound separation
23provisions shall not apply.
24    (3) If the probation officer or State's Attorney (or such
25other public officer designated by the court in a county having
263,000,000 or more inhabitants) determines that the minor may be

 

 

HB2628- 76 -LRB100 08062 SLF 18148 b

1a delinquent minor as described in subsection (3) of Section
25-105, and should be retained in custody but does not require
3physical restriction, the minor may be placed in non-secure
4custody for up to 40 hours pending a detention hearing.
5    (4) Any minor taken into temporary custody, not requiring
6secure detention, may, however, be detained in the home of his
7or her parent or guardian subject to such conditions as the
8court may impose.
9    (5) The changes made to this Section by Public Act 98-61
10apply to a minor who has been arrested or taken into custody on
11or after January 1, 2014 (the effective date of Public Act
1298-61).
13(Source: P.A. 98-61, eff. 1-1-14; 98-685, eff. 1-1-15; 98-756,
14eff. 7-16-14; 99-254, eff. 1-1-16.)
 
15    (705 ILCS 405/5-901)
16    Sec. 5-901. Court file.
17    (1) The Court file with respect to proceedings under this
18Article shall consist of the petitions, pleadings, victim
19impact statements, process, service of process, orders, writs
20and docket entries reflecting hearings held and judgments and
21decrees entered by the court. The court file shall be kept
22separate from other records of the court.
23        (a) The file, including information identifying the
24    victim or alleged victim of any sex offense, shall be
25    disclosed only to the following parties when necessary for

 

 

HB2628- 77 -LRB100 08062 SLF 18148 b

1    discharge of their official duties:
2            (i) A judge of the circuit court and members of the
3        staff of the court designated by the judge;
4            (ii) Parties to the proceedings and their
5        attorneys;
6            (iii) Victims and their attorneys, except in cases
7        of multiple victims of sex offenses in which case the
8        information identifying the nonrequesting victims
9        shall be redacted;
10            (iv) Probation officers, law enforcement officers
11        or prosecutors or their staff;
12            (v) Adult and juvenile Prisoner Review Boards.
13        (b) The Court file redacted to remove any information
14    identifying the victim or alleged victim of any sex offense
15    shall be disclosed only to the following parties when
16    necessary for discharge of their official duties:
17            (i) Authorized military personnel;
18            (ii) Persons engaged in bona fide research, with
19        the permission of the judge of the juvenile court and
20        the chief executive of the agency that prepared the
21        particular recording: provided that publication of
22        such research results in no disclosure of a minor's
23        identity and protects the confidentiality of the
24        record;
25            (iii) The Secretary of State to whom the Clerk of
26        the Court shall report the disposition of all cases, as

 

 

HB2628- 78 -LRB100 08062 SLF 18148 b

1        required in Section 6-204 or Section 6-205.1 of the
2        Illinois Vehicle Code. However, information reported
3        relative to these offenses shall be privileged and
4        available only to the Secretary of State, courts, and
5        police officers;
6            (iv) The administrator of a bonafide substance
7        abuse student assistance program with the permission
8        of the presiding judge of the juvenile court;
9            (v) Any individual, or any public or private agency
10        or institution, having custody of the juvenile under
11        court order or providing educational, medical or
12        mental health services to the juvenile or a
13        court-approved advocate for the juvenile or any
14        placement provider or potential placement provider as
15        determined by the court.
16    (3) A minor who is the victim or alleged victim in a
17juvenile proceeding shall be provided the same confidentiality
18regarding disclosure of identity as the minor who is the
19subject of record. Information identifying victims and alleged
20victims of sex offenses, shall not be disclosed or open to
21public inspection under any circumstances. Nothing in this
22Section shall prohibit the victim or alleged victim of any sex
23offense from voluntarily disclosing his or her identity.
24    (4) Relevant information, reports and records shall be made
25available to the Department of Juvenile Justice when a juvenile
26offender has been placed in the custody of the Department of

 

 

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1Juvenile Justice.
2    (5) Except as otherwise provided in this subsection (5),
3juvenile court records shall not be made available to the
4general public but may be inspected by representatives of
5agencies, associations and news media or other properly
6interested persons by general or special order of the court.
7The State's Attorney, the minor, his or her parents, guardian
8and counsel shall at all times have the right to examine court
9files and records.
10        (a) The court shall allow the general public to have
11    access to the name, address, and offense of a minor who is
12    adjudicated a delinquent minor under this Act under either
13    of the following circumstances:
14            (i) The adjudication of delinquency was based upon
15        the minor's commission of first degree murder, attempt
16        to commit first degree murder, aggravated criminal
17        sexual assault, or criminal sexual assault; or
18            (ii) The court has made a finding that the minor
19        was at least 13 years of age at the time the act was
20        committed and the adjudication of delinquency was
21        based upon the minor's commission of: (A) an act in
22        furtherance of the commission of a felony as a member
23        of or on behalf of a criminal street gang, (B) an act
24        involving the use of a firearm in the commission of a
25        felony, (C) an act that would be a Class X felony
26        offense under or the minor's second or subsequent Class

 

 

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1        2 or greater felony offense under the Cannabis Control
2        Act if committed by an adult, (D) an act that would be
3        a second or subsequent offense under Section 402 of the
4        Illinois Controlled Substances Act if committed by an
5        adult, (E) an act that would be an offense under
6        Section 401 of the Illinois Controlled Substances Act
7        if committed by an adult, or (F) an act that would be
8        an offense under the Methamphetamine Control and
9        Community Protection Act if committed by an adult.
10        (b) The court shall allow the general public to have
11    access to the name, address, and offense of a minor who is
12    at least 13 years of age at the time the offense is
13    committed and who is convicted, in criminal proceedings
14    permitted or required under Section 5-805, under either of
15    the following circumstances:
16            (i) The minor has been convicted of first degree
17        murder, attempt to commit first degree murder,
18        aggravated criminal sexual assault, or criminal sexual
19        assault,
20            (ii) The court has made a finding that the minor
21        was at least 13 years of age at the time the offense
22        was committed and the conviction was based upon the
23        minor's commission of: (A) an offense in furtherance of
24        the commission of a felony as a member of or on behalf
25        of a criminal street gang, (B) an offense involving the
26        use of a firearm in the commission of a felony, (C) a

 

 

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1        Class X felony offense under the Cannabis Control Act
2        or a second or subsequent Class 2 or greater felony
3        offense under the Cannabis Control Act, (D) a second or
4        subsequent offense under Section 402 of the Illinois
5        Controlled Substances Act, (E) an offense under
6        Section 401 of the Illinois Controlled Substances Act,
7        or (F) an offense under the Methamphetamine Control and
8        Community Protection Act.
9    (6) Nothing in this Section shall be construed to limit the
10use of a adjudication of delinquency as evidence in any
11juvenile or criminal proceeding, where it would otherwise be
12admissible under the rules of evidence, including but not
13limited to, use as impeachment evidence against any witness,
14including the minor if he or she testifies.
15    (7) Nothing in this Section shall affect the right of a
16Civil Service Commission or appointing authority examining the
17character and fitness of an applicant for a position as a law
18enforcement officer to ascertain whether that applicant was
19ever adjudicated to be a delinquent minor and, if so, to
20examine the records or evidence which were made in proceedings
21under this Act.
22    (8) Following any adjudication of delinquency for a crime
23which would be a felony if committed by an adult, or following
24any adjudication of delinquency for a violation of Section
2524-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
26Criminal Code of 2012, the State's Attorney shall ascertain

 

 

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1whether the minor respondent is enrolled in school and, if so,
2shall provide a copy of the sentencing order to the principal
3or chief administrative officer of the school. Access to such
4juvenile records shall be limited to the principal or chief
5administrative officer of the school and any guidance counselor
6designated by him or her.
7    (9) Nothing contained in this Act prevents the sharing or
8disclosure of information or records relating or pertaining to
9juveniles subject to the provisions of the Serious Habitual
10Offender Comprehensive Action Program when that information is
11used to assist in the early identification and treatment of
12habitual juvenile offenders.
13    (11) The Clerk of the Circuit Court shall report to the
14Department of State Police, in the form and manner required by
15the Department of State Police, the final disposition of each
16minor who has been arrested or taken into custody before his or
17her 21st birthday for a misdemeanor offense or 18th birthday
18for a felony offense for those offenses required to be reported
19under Section 5 of the Criminal Identification Act. Information
20reported to the Department under this Section may be maintained
21with records that the Department files under Section 2.1 of the
22Criminal Identification Act.
23    (12) Information or records may be disclosed to the general
24public when the court is conducting hearings under Section
255-805 or 5-810.
26    (13) The changes made to this Section by Public Act 98-61

 

 

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1apply to juvenile court records of a minor who has been
2arrested or taken into custody on or after January 1, 2014 (the
3effective date of Public Act 98-61).
4(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14;
598-756, eff. 7-16-14.)
 
6    (705 ILCS 405/5-905)
7    Sec. 5-905. Law enforcement records.
8    (1) Law Enforcement Records. Inspection and copying of law
9enforcement records maintained by law enforcement agencies
10that relate to a minor who has been investigated, arrested, or
11taken into custody before his or her 21st birthday for a
12misdemeanor offense or 18th birthday for a felony offense shall
13be restricted to the following and when necessary for the
14discharge of their official duties:
15        (a) A judge of the circuit court and members of the
16    staff of the court designated by the judge;
17        (b) Law enforcement officers, probation officers or
18    prosecutors or their staff, or, when necessary for the
19    discharge of its official duties in connection with a
20    particular investigation of the conduct of a law
21    enforcement officer, an independent agency or its staff
22    created by ordinance and charged by a unit of local
23    government with the duty of investigating the conduct of
24    law enforcement officers;
25        (c) The minor, the minor's parents or legal guardian

 

 

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1    and their attorneys, but only when the juvenile has been
2    charged with an offense;
3        (d) Adult and Juvenile Prisoner Review Boards;
4        (e) Authorized military personnel;
5        (f) Persons engaged in bona fide research, with the
6    permission of the judge of juvenile court and the chief
7    executive of the agency that prepared the particular
8    recording: provided that publication of such research
9    results in no disclosure of a minor's identity and protects
10    the confidentiality of the record;
11        (g) Individuals responsible for supervising or
12    providing temporary or permanent care and custody of minors
13    pursuant to orders of the juvenile court or directives from
14    officials of the Department of Children and Family Services
15    or the Department of Human Services who certify in writing
16    that the information will not be disclosed to any other
17    party except as provided under law or order of court;
18        (h) The appropriate school official only if the agency
19    or officer believes that there is an imminent threat of
20    physical harm to students, school personnel, or others who
21    are present in the school or on school grounds.
22             (A) Inspection and copying shall be limited to law
23        enforcement records transmitted to the appropriate
24        school official or officials whom the school has
25        determined to have a legitimate educational or safety
26        interest by a local law enforcement agency under a

 

 

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1        reciprocal reporting system established and maintained
2        between the school district and the local law
3        enforcement agency under Section 10-20.14 of the
4        School Code concerning a minor enrolled in a school
5        within the school district who has been arrested or
6        taken into custody for any of the following offenses:
7                (i) any violation of Article 24 of the Criminal
8            Code of 1961 or the Criminal Code of 2012;
9                (ii) a violation of the Illinois Controlled
10            Substances Act;
11                (iii) a violation of the Cannabis Control Act;
12                (iv) a forcible felony as defined in Section
13            2-8 of the Criminal Code of 1961 or the Criminal
14            Code of 2012;
15                (v) a violation of the Methamphetamine Control
16            and Community Protection Act;
17                (vi) a violation of Section 1-2 of the
18            Harassing and Obscene Communications Act;
19                (vii) a violation of the Hazing Act; or
20                (viii) a violation of Section 12-1, 12-2,
21            12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
22            12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
23            Criminal Code of 1961 or the Criminal Code of 2012.
24            The information derived from the law enforcement
25        records shall be kept separate from and shall not
26        become a part of the official school record of that

 

 

HB2628- 86 -LRB100 08062 SLF 18148 b

1        child and shall not be a public record. The information
2        shall be used solely by the appropriate school official
3        or officials whom the school has determined to have a
4        legitimate educational or safety interest to aid in the
5        proper rehabilitation of the child and to protect the
6        safety of students and employees in the school. If the
7        designated law enforcement and school officials deem
8        it to be in the best interest of the minor, the student
9        may be referred to in-school or community based social
10        services if those services are available.
11        "Rehabilitation services" may include interventions by
12        school support personnel, evaluation for eligibility
13        for special education, referrals to community-based
14        agencies such as youth services, behavioral healthcare
15        service providers, drug and alcohol prevention or
16        treatment programs, and other interventions as deemed
17        appropriate for the student.
18            (B) Any information provided to appropriate school
19        officials whom the school has determined to have a
20        legitimate educational or safety interest by local law
21        enforcement officials about a minor who is the subject
22        of a current police investigation that is directly
23        related to school safety shall consist of oral
24        information only, and not written law enforcement
25        records, and shall be used solely by the appropriate
26        school official or officials to protect the safety of

 

 

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1        students and employees in the school and aid in the
2        proper rehabilitation of the child. The information
3        derived orally from the local law enforcement
4        officials shall be kept separate from and shall not
5        become a part of the official school record of the
6        child and shall not be a public record. This limitation
7        on the use of information about a minor who is the
8        subject of a current police investigation shall in no
9        way limit the use of this information by prosecutors in
10        pursuing criminal charges arising out of the
11        information disclosed during a police investigation of
12        the minor. For purposes of this paragraph,
13        "investigation" means an official systematic inquiry
14        by a law enforcement agency into actual or suspected
15        criminal activity;
16        (i) The president of a park district. Inspection and
17    copying shall be limited to law enforcement records
18    transmitted to the president of the park district by the
19    Illinois State Police under Section 8-23 of the Park
20    District Code or Section 16a-5 of the Chicago Park District
21    Act concerning a person who is seeking employment with that
22    park district and who has been adjudicated a juvenile
23    delinquent for any of the offenses listed in subsection (c)
24    of Section 8-23 of the Park District Code or subsection (c)
25    of Section 16a-5 of the Chicago Park District Act.
26    (2) Information identifying victims and alleged victims of

 

 

HB2628- 88 -LRB100 08062 SLF 18148 b

1sex offenses, shall not be disclosed or open to public
2inspection under any circumstances. Nothing in this Section
3shall prohibit the victim or alleged victim of any sex offense
4from voluntarily disclosing his or her identity.
5    (2.5) If the minor is a victim of aggravated battery,
6battery, attempted first degree murder, or other non-sexual
7violent offense, the identity of the victim may be disclosed to
8appropriate school officials, for the purpose of preventing
9foreseeable future violence involving minors, by a local law
10enforcement agency pursuant to an agreement established
11between the school district and a local law enforcement agency
12subject to the approval by the presiding judge of the juvenile
13court.
14    (3) Relevant information, reports and records shall be made
15available to the Department of Juvenile Justice when a juvenile
16offender has been placed in the custody of the Department of
17Juvenile Justice.
18    (4) Nothing in this Section shall prohibit the inspection
19or disclosure to victims and witnesses of photographs contained
20in the records of law enforcement agencies when the inspection
21or disclosure is conducted in the presence of a law enforcement
22officer for purposes of identification or apprehension of any
23person in the course of any criminal investigation or
24prosecution.
25    (5) The records of law enforcement officers, or of an
26independent agency created by ordinance and charged by a unit

 

 

HB2628- 89 -LRB100 08062 SLF 18148 b

1of local government with the duty of investigating the conduct
2of law enforcement officers, concerning all minors under 21 18
3years of age must be maintained separate from the records of
4adults and may not be open to public inspection or their
5contents disclosed to the public except by order of the court
6or when the institution of criminal proceedings has been
7permitted under Section 5-130 or 5-805 or required under
8Section 5-130 or 5-805 or such a person has been convicted of a
9crime and is the subject of pre-sentence investigation or when
10provided by law.
11    (6) Except as otherwise provided in this subsection (6),
12law enforcement officers, and personnel of an independent
13agency created by ordinance and charged by a unit of local
14government with the duty of investigating the conduct of law
15enforcement officers, may not disclose the identity of any
16minor in releasing information to the general public as to the
17arrest, investigation or disposition of any case involving a
18minor. Any victim or parent or legal guardian of a victim may
19petition the court to disclose the name and address of the
20minor and the minor's parents or legal guardian, or both. Upon
21a finding by clear and convincing evidence that the disclosure
22is either necessary for the victim to pursue a civil remedy
23against the minor or the minor's parents or legal guardian, or
24both, or to protect the victim's person or property from the
25minor, then the court may order the disclosure of the
26information to the victim or to the parent or legal guardian of

 

 

HB2628- 90 -LRB100 08062 SLF 18148 b

1the victim only for the purpose of the victim pursuing a civil
2remedy against the minor or the minor's parents or legal
3guardian, or both, or to protect the victim's person or
4property from the minor.
5    (7) Nothing contained in this Section shall prohibit law
6enforcement agencies when acting in their official capacity
7from communicating with each other by letter, memorandum,
8teletype or intelligence alert bulletin or other means the
9identity or other relevant information pertaining to a person
10under 21 years of age for a misdemeanor offense or 18 years of
11age for a felony offense. The information provided under this
12subsection (7) shall remain confidential and shall not be
13publicly disclosed, except as otherwise allowed by law.
14    (8) No person shall disclose information under this Section
15except when acting in his or her official capacity and as
16provided by law or order of court.
17    (9) The changes made to this Section by Public Act 98-61
18apply to law enforcement records of a minor who has been
19arrested or taken into custody on or after January 1, 2014 (the
20effective date of Public Act 98-61).
21(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 99-298,
22eff. 8-6-15.)
 
23    (705 ILCS 405/5-915)
24    Sec. 5-915. Expungement of juvenile law enforcement and
25court records.

 

 

HB2628- 91 -LRB100 08062 SLF 18148 b

1    (0.05) For purposes of this Section and Section 5-622:
2        "Expunge" means to physically destroy the records and
3    to obliterate the minor's name from any official index or
4    public record, or both. Nothing in this Act shall require
5    the physical destruction of the internal office records,
6    files, or databases maintained by a State's Attorney's
7    Office or other prosecutor.
8        "Law enforcement record" includes but is not limited to
9    records of arrest, station adjustments, fingerprints,
10    probation adjustments, the issuance of a notice to appear,
11    or any other records maintained by a law enforcement agency
12    relating to a minor suspected of committing an offense.
13    (1) Whenever a person has been arrested, charged, or
14adjudicated delinquent for an incident under this Act occurring
15before his or her 18th birthday that if committed by an adult
16would be an offense, the person may petition the court at any
17time for expungement of law enforcement records and juvenile
18court records relating to the incident and, upon termination of
19all juvenile court proceedings relating to that incident, the
20court shall order the expungement of all records in the
21possession of the Department of State Police, the clerk of the
22circuit court, and law enforcement agencies relating to the
23incident, but only in any of the following circumstances:
24        (a) the minor was arrested and no petition for
25    delinquency was filed with the clerk of the circuit court;
26        (a-5) the minor was charged with an offense and the

 

 

HB2628- 92 -LRB100 08062 SLF 18148 b

1    petition or petitions were dismissed without a finding of
2    delinquency;
3        (b) the minor was charged with an offense and was found
4    not delinquent of that offense;
5        (c) the minor was placed under supervision pursuant to
6    Section 5-615, and the order of supervision has since been
7    successfully terminated; or
8        (d) the minor was adjudicated for an offense which
9    would be a Class B misdemeanor, Class C misdemeanor, or a
10    petty or business offense if committed by an adult.
11    (1.5) Commencing 180 days after January 1, 2015 (the
12effective date of Public Act 98-637) this amendatory Act of the
1398th General Assembly, the Department of State Police shall
14automatically expunge, on or before January 1 of each year, a
15person's law enforcement records which are not subject to
16subsection (1) relating to incidents occurring before his or
17her 21st birthday for a misdemeanor offense or 18th birthday
18for a felony offense in the Department's possession or control
19and which contains the final disposition which pertain to the
20person when arrested as a minor if:
21        (a) the minor was arrested for an eligible offense and
22    no petition for delinquency was filed with the clerk of the
23    circuit court; and
24        (b) the person attained the age of 21 years for a
25    misdemeanor offense or 18 years for a felony offense during
26    the last calendar year; and

 

 

HB2628- 93 -LRB100 08062 SLF 18148 b

1        (c) since the date of the minor's most recent arrest,
2    at least 6 months have elapsed without an additional
3    arrest, filing of a petition for delinquency whether
4    related or not to a previous arrest, or filing of charges
5    not initiated by arrest.
6    The Department of State Police shall allow a person to use
7the Access and Review process, established in the Department of
8State Police, for verifying that his or her law enforcement
9records relating to incidents occurring before his or her 18th
10birthday eligible under this subsection have been expunged as
11provided in this subsection.
12    The Department of State Police shall provide by rule the
13process for access, review, and automatic expungement.
14    (1.6) Commencing on January 1, 2015 (the effective date of
15Public Act 98-637) this amendatory Act of the 98th General
16Assembly, a person whose law enforcement records are not
17subject to subsection (1) or (1.5) of this Section and who has
18attained the age of 21 years for a misdemeanor offense or 18
19years for a felony offense may use the Access and Review
20process, established in the Department of State Police, for
21verifying his or her law enforcement records relating to
22incidents occurring before his or her 18th birthday in the
23Department's possession or control which pertain to the person
24when arrested as a minor, if the incident occurred no earlier
25than 30 years before January 1, 2015 (the effective date of
26Public Act 98-637) this amendatory Act of the 98th General

 

 

HB2628- 94 -LRB100 08062 SLF 18148 b

1Assembly. If the person identifies a law enforcement record of
2an eligible offense that meets the requirements of this
3subsection, paragraphs (a) and (c) of subsection (1.5) of this
4Section, and all juvenile court proceedings related to the
5person have been terminated, the person may file a Request for
6Expungement of Juvenile Law Enforcement Records, in the form
7and manner prescribed by the Department of State Police, with
8the Department and the Department shall consider expungement of
9the record as otherwise provided for automatic expungement
10under subsection (1.5) of this Section. The person shall
11provide notice and a copy of the Request for Expungement of
12Juvenile Law Enforcement Records to the arresting agency,
13prosecutor charged with the prosecution of the minor, or the
14State's Attorney of the county that prosecuted the minor. The
15Department of State Police shall provide by rule the process
16for access, review, and Request for Expungement of Juvenile Law
17Enforcement Records.
18    (1.7) Nothing in subsections (1.5) and (1.6) of this
19Section precludes a person from filing a petition under
20subsection (1) for expungement of records subject to automatic
21expungement under that subsection (1) or subsection (1.5) or
22(1.6) of this Section.
23    (1.8) For the purposes of subsections (1.5) and (1.6) of
24this Section, "eligible offense" means records relating to an
25arrest or incident occurring before the person's 21st birthday
26for a misdemeanor offense or 18th birthday for a felony offense

 

 

HB2628- 95 -LRB100 08062 SLF 18148 b

1that if committed by an adult is not an offense classified as a
2Class 2 felony or higher offense, an offense under Article 11
3of the Criminal Code of 1961 or the Criminal Code of 2012, or
4an offense under Section 12-13, 12-14, 12-14.1, 12-15, or 12-16
5of the Criminal Code of 1961.
6    (2) Any person may petition the court to expunge all law
7enforcement records relating to any incidents occurring before
8his or her 21st birthday for a misdemeanor offense or 18th
9birthday for a felony offense which did not result in
10proceedings in criminal court and all juvenile court records
11with respect to any adjudications except those based upon first
12degree murder and sex offenses which would be felonies if
13committed by an adult, if the person for whom expungement is
14sought has had no convictions for any crime since his or her
1521st birthday for a misdemeanor offense or 18th birthday for a
16felony offense and:
17        (a) has attained the age of 21 years; or
18        (b) 5 years have elapsed since all juvenile court
19    proceedings relating to him or her have been terminated or
20    his or her commitment to the Department of Juvenile Justice
21    pursuant to this Act has been terminated;
22whichever is later of (a) or (b). Nothing in this Section 5-915
23precludes a minor from obtaining expungement under Section
245-622.
25    (2.5) If a minor is arrested and no petition for
26delinquency is filed with the clerk of the circuit court as

 

 

HB2628- 96 -LRB100 08062 SLF 18148 b

1provided in paragraph (a) of subsection (1) at the time the
2minor is released from custody, the youth officer, if
3applicable, or other designated person from the arresting
4agency, shall notify verbally and in writing to the minor or
5the minor's parents or guardians that the minor has a right to
6petition to have his or her arrest record expunged when all
7juvenile court proceedings relating to that minor have been
8terminated and that unless a petition to expunge is filed, the
9minor shall have an arrest record and shall provide the minor
10and the minor's parents or guardians with an expungement
11information packet, including a petition to expunge juvenile
12records obtained from the clerk of the circuit court.
13    (2.6) If a minor is charged with an offense and is found
14not delinquent of that offense; or if a minor is placed under
15supervision under Section 5-615, and the order of supervision
16is successfully terminated; or if a minor is adjudicated for an
17offense that would be a Class B misdemeanor, a Class C
18misdemeanor, or a business or petty offense if committed by an
19adult; or if a minor has incidents occurring before his or her
2021st birthday for a misdemeanor offense or 18th birthday for a
21felony offense that have not resulted in proceedings in
22criminal court, or resulted in proceedings in juvenile court,
23and the adjudications were not based upon first degree murder
24or sex offenses that would be felonies if committed by an
25adult; then at the time of sentencing or dismissal of the case,
26the judge shall inform the delinquent minor of his or her right

 

 

HB2628- 97 -LRB100 08062 SLF 18148 b

1to petition for expungement as provided by law, and the clerk
2of the circuit court shall provide an expungement information
3packet to the delinquent minor, written in plain language,
4including a petition for expungement, a sample of a completed
5petition, expungement instructions that shall include
6information informing the minor that (i) once the case is
7expunged, it shall be treated as if it never occurred, (ii) he
8or she may apply to have petition fees waived, (iii) once he or
9she obtains an expungement, he or she may not be required to
10disclose that he or she had a juvenile record, and (iv) he or
11she may file the petition on his or her own or with the
12assistance of an attorney. The failure of the judge to inform
13the delinquent minor of his or her right to petition for
14expungement as provided by law does not create a substantive
15right, nor is that failure grounds for: (i) a reversal of an
16adjudication of delinquency, (ii) a new trial; or (iii) an
17appeal.
18    (2.7) For counties with a population over 3,000,000, the
19clerk of the circuit court shall send a "Notification of a
20Possible Right to Expungement" post card to the minor at the
21address last received by the clerk of the circuit court on the
22date that the minor attains the age of 21 for a misdemeanor
23offense or 18 for a felony offense based on the birthdate
24provided to the court by the minor or his or her guardian in
25cases under paragraphs (b), (c), and (d) of subsection (1); and
26when the minor attains the age of 21 based on the birthdate

 

 

HB2628- 98 -LRB100 08062 SLF 18148 b

1provided to the court by the minor or his or her guardian in
2cases under subsection (2).
3    (2.8) The petition for expungement for subsection (1) may
4include multiple offenses on the same petition and shall be
5substantially in the following form:
6
IN THE CIRCUIT COURT OF ......, ILLINOIS
7
........ JUDICIAL CIRCUIT

 
8IN THE INTEREST OF )    NO.
9                   )
10                   )
11...................)
12(Name of Petitioner)
 
13
PETITION TO EXPUNGE JUVENILE RECORDS
14
(705 ILCS 405/5-915 (SUBSECTION 1))
15Now comes ............., petitioner, and respectfully requests
16that this Honorable Court enter an order expunging all juvenile
17law enforcement and court records of petitioner and in support
18thereof states that: Petitioner has attained the age of ....,
19his/her birth date being ......, or all Juvenile Court
20proceedings terminated as of ......, whichever occurred later.
21Petitioner was arrested on ..... by the ....... Police
22Department for the offense or offenses of ......., and:
23(Check All That Apply:)
24( ) a. no petition or petitions were filed with the Clerk of

 

 

HB2628- 99 -LRB100 08062 SLF 18148 b

1the Circuit Court.
2( ) b. was charged with ...... and was found not delinquent of
3the offense or offenses.
4( ) c. a petition or petitions were filed and the petition or
5petitions were dismissed without a finding of delinquency on
6.....
7( ) d. on ....... placed under supervision pursuant to Section
85-615 of the Juvenile Court Act of 1987 and such order of
9supervision successfully terminated on ........
10( ) e. was adjudicated for the offense or offenses, which would
11have been a Class B misdemeanor, a Class C misdemeanor, or a
12petty offense or business offense if committed by an adult.
13Petitioner .... has .... has not been arrested on charges in
14this or any county other than the charges listed above. If
15petitioner has been arrested on additional charges, please list
16the charges below:
17Charge(s): ......
18Arresting Agency or Agencies: ...........
19Disposition/Result: (choose from a. through e., above): .....
20WHEREFORE, the petitioner respectfully requests this Honorable
21Court to (1) order all law enforcement agencies to expunge all
22records of petitioner to this incident or incidents, and (2) to
23order the Clerk of the Court to expunge all records concerning
24the petitioner regarding this incident or incidents.
 
25
......................

 

 

HB2628- 100 -LRB100 08062 SLF 18148 b

1
Petitioner (Signature)

 
2
..........................
3
Petitioner's Street Address

 
4
.....................
5
City, State, Zip Code

 
6
.............................
7
Petitioner's Telephone Number

 
8Pursuant to the penalties of perjury under the Code of Civil
9Procedure, 735 ILCS 5/1-109, I hereby certify that the
10statements in this petition are true and correct, or on
11information and belief I believe the same to be true.
 
12
......................
13
Petitioner (Signature)
14The Petition for Expungement for subsection (2) shall be
15substantially in the following form:
 
16
IN THE CIRCUIT COURT OF ........, ILLINOIS
17
........ JUDICIAL CIRCUIT

 
18IN THE INTEREST OF )    NO.
19                   )

 

 

HB2628- 101 -LRB100 08062 SLF 18148 b

1                   )
2...................)
3(Name of Petitioner)
 
4
PETITION TO EXPUNGE JUVENILE RECORDS
5
(705 ILCS 405/5-915 (SUBSECTION 2))
6
(Please prepare a separate petition for each offense)
7Now comes ............, petitioner, and respectfully requests
8that this Honorable Court enter an order expunging all Juvenile
9Law Enforcement and Court records of petitioner and in support
10thereof states that:
11The incident for which the Petitioner seeks expungement
12occurred before the Petitioner's 21st birthday for a
13misdemeanor offense or 18th birthday for a felony offense and
14did not result in proceedings in criminal court and the
15Petitioner has not had any convictions for any crime since his
16or her 21st birthday for a misdemeanor offense or his/her 18th
17birthday for a felony offense; and
18The incident for which the Petitioner seeks expungement
19occurred before the Petitioner's 21st birthday for a
20misdemeanor offense or 18th birthday for a felony offense and
21the adjudication was not based upon first degree first-degree
22murder or sex offenses which would be felonies if committed by
23an adult, and the Petitioner has not had any convictions for
24any crime since his or her 21st birthday for a misdemeanor
25offense or his/her 18th birthday for a felony offense.

 

 

HB2628- 102 -LRB100 08062 SLF 18148 b

1Petitioner was arrested on ...... by the ....... Police
2Department for the offense of ........, and:
3(Check whichever one occurred the latest:)
4( ) a. The Petitioner has attained the age of 21 years, his/her
5birthday being .......; or
6( ) b. 5 years have elapsed since all juvenile court
7proceedings relating to the Petitioner have been terminated; or
8the Petitioner's commitment to the Department of Juvenile
9Justice pursuant to the expungement of juvenile law enforcement
10and court records provisions of the Juvenile Court Act of 1987
11has been terminated. Petitioner ...has ...has not been arrested
12on charges in this or any other county other than the charge
13listed above. If petitioner has been arrested on additional
14charges, please list the charges below:
15Charge(s): ..........
16Arresting Agency or Agencies: .......
17Disposition/Result: (choose from a or b, above): ..........
18WHEREFORE, the petitioner respectfully requests this Honorable
19Court to (1) order all law enforcement agencies to expunge all
20records of petitioner related to this incident, and (2) to
21order the Clerk of the Court to expunge all records concerning
22the petitioner regarding this incident.
 
23
.......................
24
Petitioner (Signature)

 

 

 

HB2628- 103 -LRB100 08062 SLF 18148 b

1
......................
2
Petitioner's Street Address

 
3
.....................
4
City, State, Zip Code
5
.............................
6
Petitioner's Telephone Number

 
7Pursuant to the penalties of perjury under the Code of Civil
8Procedure, 735 ILCS 5/1-109, I hereby certify that the
9statements in this petition are true and correct, or on
10information and belief I believe the same to be true.
11
......................
12
Petitioner (Signature)
13    (3) The chief judge of the circuit in which an arrest was
14made or a charge was brought or any judge of that circuit
15designated by the chief judge may, upon verified petition of a
16person who is the subject of an arrest or a juvenile court
17proceeding under subsection (1) or (2) of this Section, order
18the law enforcement records or official court file, or both, to
19be expunged from the official records of the arresting
20authority, the clerk of the circuit court and the Department of
21State Police. The person whose records are to be expunged shall
22petition the court using the appropriate form containing his or
23her current address and shall promptly notify the clerk of the
24circuit court of any change of address. Notice of the petition

 

 

HB2628- 104 -LRB100 08062 SLF 18148 b

1shall be served upon the State's Attorney or prosecutor charged
2with the duty of prosecuting the offense, the Department of
3State Police, and the arresting agency or agencies by the clerk
4of the circuit court. If an objection is filed within 45 days
5of the notice of the petition, the clerk of the circuit court
6shall set a date for hearing after the 45-day 45 day objection
7period. At the hearing the court shall hear evidence on whether
8the expungement should or should not be granted. Unless the
9State's Attorney or prosecutor, the Department of State Police,
10or an arresting agency objects to the expungement within 45
11days of the notice, the court may enter an order granting
12expungement. The clerk shall forward a certified copy of the
13order to the Department of State Police and deliver a certified
14copy of the order to the arresting agency.
15    (3.1) The Notice of Expungement shall be in substantially
16the following form:
17
IN THE CIRCUIT COURT OF ....., ILLINOIS
18
.... JUDICIAL CIRCUIT

 
19IN THE INTEREST OF )    NO.
20                   )
21                   )
22...................)
23(Name of Petitioner)
 
24
NOTICE

 

 

HB2628- 105 -LRB100 08062 SLF 18148 b

1TO:  State's Attorney
2TO:  Arresting Agency
3
4................
5................
6
7................
8................
9TO:  Illinois State Police
10
11.....................
12
13.....................
14ATTENTION: Expungement
15You are hereby notified that on ....., at ....., in courtroom
16..., located at ..., before the Honorable ..., Judge, or any
17judge sitting in his/her stead, I shall then and there present
18a Petition to Expunge Juvenile records in the above-entitled
19matter, at which time and place you may appear.
20
......................
21
Petitioner's Signature
22
...........................
23
Petitioner's Street Address
24
.....................
25
City, State, Zip Code
26
.............................

 

 

HB2628- 106 -LRB100 08062 SLF 18148 b

1
Petitioner's Telephone Number
2
PROOF OF SERVICE
3On the ....... day of ......, 20..., I on oath state that I
4served this notice and true and correct copies of the
5above-checked documents by:
6(Check One:)
7delivering copies personally to each entity to whom they are
8directed;
9or
10by mailing copies to each entity to whom they are directed by
11depositing the same in the U.S. Mail, proper postage fully
12prepaid, before the hour of 5:00 p.m., at the United States
13Postal Depository located at .................
14
.........................................
15
16Signature
17
Clerk of the Circuit Court or Deputy Clerk
18Printed Name of Delinquent Minor/Petitioner: ....
19Address: ........................................
20Telephone Number: ...............................
21    (3.2) The Order of Expungement shall be in substantially
22the following form:
23
IN THE CIRCUIT COURT OF ....., ILLINOIS
24
.... JUDICIAL CIRCUIT

 
25IN THE INTEREST OF )    NO.

 

 

HB2628- 107 -LRB100 08062 SLF 18148 b

1                   )
2                   )
3...................)
4(Name of Petitioner)
 
5DOB ................
6Arresting Agency/Agencies ......
7
ORDER OF EXPUNGEMENT
8
(705 ILCS 405/5-915 (SUBSECTION 3))
9This matter having been heard on the petitioner's motion and
10the court being fully advised in the premises does find that
11the petitioner is indigent or has presented reasonable cause to
12waive all costs in this matter, IT IS HEREBY ORDERED that:
13    ( ) 1. Clerk of Court and Department of State Police costs
14are hereby waived in this matter.
15    ( ) 2. The Illinois State Police Bureau of Identification
16and the following law enforcement agencies expunge all records
17of petitioner relating to an arrest dated ...... for the
18offense of ......
19
Law Enforcement Agencies:
20
.........................
21
.........................
22    ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
23Court expunge all records regarding the above-captioned case.
24
ENTER: ......................
25

 

 

HB2628- 108 -LRB100 08062 SLF 18148 b

1JUDGE
2DATED: .......
3Name:
4Attorney for:
5Address: City/State/Zip:
6Attorney Number:
7    (3.3) The Notice of Objection shall be in substantially the
8following form:
9
IN THE CIRCUIT COURT OF ....., ILLINOIS
10
....................... JUDICIAL CIRCUIT

 
11IN THE INTEREST OF )    NO.
12                   )
13                   )
14...................)
15(Name of Petitioner)
 
16
NOTICE OF OBJECTION
17TO:(Attorney, Public Defender, Minor)
18.................................
19.................................
20TO:(Illinois State Police)
21.................................
22.................................
23TO:(Clerk of the Court)
24.................................

 

 

HB2628- 109 -LRB100 08062 SLF 18148 b

1.................................
2TO:(Judge)
3.................................
4.................................
5TO:(Arresting Agency/Agencies)
6.................................
7.................................
8ATTENTION: You are hereby notified that an objection has been
9filed by the following entity regarding the above-named minor's
10petition for expungement of juvenile records:
11( ) State's Attorney's Office;
12( ) Prosecutor (other than State's Attorney's Office) charged
13with the duty of prosecuting the offense sought to be expunged;
14( ) Department of Illinois State Police; or
15( ) Arresting Agency or Agencies.
16The agency checked above respectfully requests that this case
17be continued and set for hearing on whether the expungement
18should or should not be granted.
19DATED: .......
20Name:
21Attorney For:
22Address:
23City/State/Zip:
24Telephone:
25Attorney No.:
26
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY

 

 

HB2628- 110 -LRB100 08062 SLF 18148 b

1This matter has been set for hearing on the foregoing
2objection, on ...... in room ...., located at ....., before the
3Honorable ....., Judge, or any judge sitting in his/her stead.
4(Only one hearing shall be set, regardless of the number of
5Notices of Objection received on the same case).
6A copy of this completed Notice of Objection containing the
7court date, time, and location, has been sent via regular U.S.
8Mail to the following entities. (If more than one Notice of
9Objection is received on the same case, each one must be
10completed with the court date, time and location and mailed to
11the following entities):
12( ) Attorney, Public Defender or Minor;
13( ) State's Attorney's Office;
14( ) Prosecutor (other than State's Attorney's Office) charged
15with the duty of prosecuting the offense sought to be expunged;
16( ) Department of Illinois State Police; and
17( ) Arresting agency or agencies.
18Date: ......
19Initials of Clerk completing this section: .....
20    (4) Upon entry of an order expunging records or files, the
21offense, which the records or files concern shall be treated as
22if it never occurred. Law enforcement officers and other public
23offices and agencies shall properly reply on inquiry that no
24record or file exists with respect to the person.
25    (5) Records which have not been expunged are sealed, and
26may be obtained only under the provisions of Sections 5-901,

 

 

HB2628- 111 -LRB100 08062 SLF 18148 b

15-905, and 5-915.
2    (6) Nothing in this Section shall be construed to prohibit
3the maintenance of information relating to an offense after
4records or files concerning the offense have been expunged if
5the information is kept in a manner that does not enable
6identification of the offender. This information may only be
7used for statistical and bona fide research purposes.
8    (6.5) The Department of State Police or any employee of the
9Department shall be immune from civil or criminal liability for
10failure to expunge any records of arrest that are subject to
11expungement under subsection (1.5) or (1.6) of this Section
12because of inability to verify a record. Nothing in subsection
13(1.5) or (1.6) of this Section shall create Department of State
14Police liability or responsibility for the expungement of law
15enforcement records it does not possess.
16    (7)(a) The State Appellate Defender shall establish,
17maintain, and carry out, by December 31, 2004, a juvenile
18expungement program to provide information and assistance to
19minors eligible to have their juvenile records expunged.
20    (b) The State Appellate Defender shall develop brochures,
21pamphlets, and other materials in printed form and through the
22agency's World Wide Web site. The pamphlets and other materials
23shall include at a minimum the following information:
24        (i) An explanation of the State's juvenile expungement
25    process;
26        (ii) The circumstances under which juvenile

 

 

HB2628- 112 -LRB100 08062 SLF 18148 b

1    expungement may occur;
2        (iii) The juvenile offenses that may be expunged;
3        (iv) The steps necessary to initiate and complete the
4    juvenile expungement process; and
5        (v) Directions on how to contact the State Appellate
6    Defender.
7    (c) The State Appellate Defender shall establish and
8maintain a statewide toll-free telephone number that a person
9may use to receive information or assistance concerning the
10expungement of juvenile records. The State Appellate Defender
11shall advertise the toll-free telephone number statewide. The
12State Appellate Defender shall develop an expungement
13information packet that may be sent to eligible persons seeking
14expungement of their juvenile records, which may include, but
15is not limited to, a pre-printed expungement petition with
16instructions on how to complete the petition and a pamphlet
17containing information that would assist individuals through
18the juvenile expungement process.
19    (d) The State Appellate Defender shall compile a statewide
20list of volunteer attorneys willing to assist eligible
21individuals through the juvenile expungement process.
22    (e) This Section shall be implemented from funds
23appropriated by the General Assembly to the State Appellate
24Defender for this purpose. The State Appellate Defender shall
25employ the necessary staff and adopt the necessary rules for
26implementation of this Section.

 

 

HB2628- 113 -LRB100 08062 SLF 18148 b

1    (8)(a) Except with respect to law enforcement agencies, the
2Department of Corrections, State's Attorneys, or other
3prosecutors, an expunged juvenile record may not be considered
4by any private or public entity in employment matters,
5certification, licensing, revocation of certification or
6licensure, or registration. Applications for employment must
7contain specific language that states that the applicant is not
8obligated to disclose expunged juvenile records of conviction
9or arrest. Employers may not ask if an applicant has had a
10juvenile record expunged. Effective January 1, 2005, the
11Department of Labor shall develop a link on the Department's
12website to inform employers that employers may not ask if an
13applicant had a juvenile record expunged and that application
14for employment must contain specific language that states that
15the applicant is not obligated to disclose expunged juvenile
16records of arrest or conviction.
17    (b) A person whose juvenile records have been expunged is
18not entitled to remission of any fines, costs, or other money
19paid as a consequence of expungement. Public Act 93-912 This
20amendatory Act of the 93rd General Assembly does not affect the
21right of the victim of a crime to prosecute or defend a civil
22action for damages.
23    (c) The expungement of juvenile records under Section 5-622
24shall be funded by the additional fine imposed under Section
255-9-1.17 of the Unified Code of Corrections and additional
26appropriations made by the General Assembly for such purpose.

 

 

HB2628- 114 -LRB100 08062 SLF 18148 b

1    (9) The changes made to this Section by Public Act 98-61
2apply to law enforcement records of a minor who has been
3arrested or taken into custody on or after January 1, 2014 (the
4effective date of Public Act 98-61).
5    (10) The changes made in subsection (1.5) of this Section
6by Public Act 98-637 this amendatory Act of the 98th General
7Assembly apply to law enforcement records of a minor who has
8been arrested or taken into custody on or after January 1,
92015. The changes made in subsection (1.6) of this Section by
10Public Act 98-637 this amendatory Act of the 98th General
11Assembly apply to law enforcement records of a minor who has
12been arrested or taken into custody before January 1, 2015.
13(Source: P.A. 98-61, eff. 1-1-14; 98-637, eff. 1-1-15; 98-756,
14eff. 7-16-14; 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; revised
159-2-16.)
 
16    Section 10. The Unified Code of Corrections is amended by
17changing Sections 3-2-5 and 5-8-6 as follows:
 
18    (730 ILCS 5/3-2-5)  (from Ch. 38, par. 1003-2-5)
19    Sec. 3-2-5. Organization of the Department of Corrections
20and the Department of Juvenile Justice.
21    (a) There shall be a Department of Corrections which shall
22be administered by a Director and an Assistant Director
23appointed by the Governor under the Civil Administrative Code
24of Illinois. The Assistant Director shall be under the

 

 

HB2628- 115 -LRB100 08062 SLF 18148 b

1direction of the Director. The Department of Corrections shall
2be responsible for all persons committed or transferred to the
3Department under Sections 3-10-7 or 5-8-6 of this Code.
4    (b) There shall be a Department of Juvenile Justice which
5shall be administered by a Director appointed by the Governor
6under the Civil Administrative Code of Illinois. The Department
7of Juvenile Justice shall be responsible for all persons under
821 years of age for a misdemeanor offense or under 18 years of
9age for a felony offense when sentenced to imprisonment and
10committed to the Department under subsection (c) of Section
115-8-6 of this Code, Section 5-10 of the Juvenile Court Act, or
12Section 5-750 of the Juvenile Court Act of 1987. Persons under
1321 years of age for a misdemeanor offense or under 18 years of
14age for a felony offense committed to the Department of
15Juvenile Justice pursuant to this Code shall be sight and sound
16separate from adult offenders committed to the Department of
17Corrections.
18    (c) The Department shall create a gang intelligence unit
19under the supervision of the Director. The unit shall be
20specifically designed to gather information regarding the
21inmate gang population, monitor the activities of gangs, and
22prevent the furtherance of gang activities through the
23development and implementation of policies aimed at deterring
24gang activity. The Director shall appoint a Corrections
25Intelligence Coordinator.
26    All information collected and maintained by the unit shall

 

 

HB2628- 116 -LRB100 08062 SLF 18148 b

1be highly confidential, and access to that information shall be
2restricted by the Department. The information shall be used to
3control and limit the activities of gangs within correctional
4institutions under the jurisdiction of the Illinois Department
5of Corrections and may be shared with other law enforcement
6agencies in order to curb gang activities outside of
7correctional institutions under the jurisdiction of the
8Department and to assist in the investigations and prosecutions
9of gang activity. The Department shall establish and promulgate
10rules governing the release of information to outside law
11enforcement agencies. Due to the highly sensitive nature of the
12information, the information is exempt from requests for
13disclosure under the Freedom of Information Act as the
14information contained is highly confidential and may be harmful
15if disclosed.
16(Source: P.A. 98-463, eff. 8-16-13; 99-628, eff. 1-1-17.)
 
17    (730 ILCS 5/5-8-6)  (from Ch. 38, par. 1005-8-6)
18    Sec. 5-8-6. Place of confinement.
19    (a) Offenders sentenced to a term of imprisonment for a
20felony shall be committed to the penitentiary system of the
21Department of Corrections. However, such sentence shall not
22limit the powers of the Department of Children and Family
23Services in relation to any child under the age of one year in
24the sole custody of a person so sentenced, nor in relation to
25any child delivered by a female so sentenced while she is so

 

 

HB2628- 117 -LRB100 08062 SLF 18148 b

1confined as a consequence of such sentence. A person sentenced
2for a felony may be assigned by the Department of Corrections
3to any of its institutions, facilities or programs.
4    (b) Offenders sentenced to a term of imprisonment for less
5than one year shall be committed to the custody of the sheriff.
6A person committed to the Department of Corrections, prior to
7July 14, 1983, for less than one year may be assigned by the
8Department to any of its institutions, facilities or programs.
9    (c) All offenders under 21 18 years of age for a
10misdemeanor offense or 18 years of age for a felony offense
11when sentenced to imprisonment shall be committed to the
12Department of Juvenile Justice and the court in its order of
13commitment shall set a definite term. The provisions of Section
143-3-3 shall be a part of such commitment as fully as though
15written in the order of commitment. The place of confinement
16for sentences imposed before the effective date of this
17amendatory Act of the 99th General Assembly are not affected or
18abated by this amendatory Act of the 99th General Assembly.
19    (d) No defendant shall be committed to the Department of
20Corrections for the recovery of a fine or costs.
21    (e) When a court sentences a defendant to a term of
22imprisonment concurrent with a previous and unexpired sentence
23of imprisonment imposed by any district court of the United
24States, it may commit the offender to the custody of the
25Attorney General of the United States. The Attorney General of
26the United States, or the authorized representative of the

 

 

HB2628- 118 -LRB100 08062 SLF 18148 b

1Attorney General of the United States, shall be furnished with
2the warrant of commitment from the court imposing sentence,
3which warrant of commitment shall provide that, when the
4offender is released from federal confinement, whether by
5parole or by termination of sentence, the offender shall be
6transferred by the Sheriff of the committing county to the
7Department of Corrections. The court shall cause the Department
8to be notified of such sentence at the time of commitment and
9to be provided with copies of all records regarding the
10sentence.
11(Source: P.A. 99-628, eff. 1-1-17.)