98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3075

 

Introduced 2/7/2014, by Sen. John G. Mulroe

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-305

    Amends the Juvenile Court Act of 1987. Provides that a non-judicial probation adjustment plan includes any appropriate action with the concurrence of the school district where the minor resides.


LRB098 19551 RLC 54737 b

 

 

A BILL FOR

 

SB3075LRB098 19551 RLC 54737 b

1    AN ACT concerning courts.
 
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 Section 5-305 as follows:
 
6    (705 ILCS 405/5-305)
7    Sec. 5-305. Probation adjustment.
8    (1) The court may authorize the probation officer to confer
9in a preliminary conference with a minor who is alleged to have
10committed an offense, his or her parent, guardian or legal
11custodian, the victim, the juvenile police officer, the State's
12Attorney, and other interested persons concerning the
13advisability of filing a petition under Section 5-520, with a
14view to adjusting suitable cases without the filing of a
15petition as provided for in this Article, the probation officer
16should schedule a conference promptly except when the State's
17Attorney insists on court action or when the minor has
18indicated that he or she will demand a judicial hearing and
19will not comply with a probation adjustment.
20    (1-b) In any case of a minor who is in custody, the holding
21of a probation adjustment conference does not operate to
22prolong temporary custody beyond the period permitted by
23Section 5-415.

 

 

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1    (2) This Section does not authorize any probation officer
2to compel any person to appear at any conference, produce any
3papers, or visit any place.
4    (3) No statement made during a preliminary conference in
5regard to the offense that is the subject of the conference may
6be admitted into evidence at an adjudicatory hearing or at any
7proceeding against the minor under the criminal laws of this
8State prior to his or her conviction under those laws.
9    (4) When a probation adjustment is appropriate, the
10probation officer shall promptly formulate a written,
11non-judicial adjustment plan following the initial conference.
12    (5) Non-judicial probation adjustment plans include but
13are not limited to the following:
14        (a) up to 6 months informal supervision within the
15    family;
16        (b) up to 12 months informal supervision with a
17    probation officer involved which may include any
18    conditions of probation provided in Section 5-715;
19        (c) up to 6 months informal supervision with release to
20    a person other than a parent;
21        (d) referral to special educational, counseling, or
22    other rehabilitative social or educational programs;
23        (e) referral to residential treatment programs;
24        (f) participation in a public or community service
25    program or activity; and
26        (f-5) any appropriate action with the concurrence of

 

 

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1    the school district where the minor resides; and
2        (g) any other appropriate action with the consent of
3    the minor and a parent.
4    (6) The factors to be considered by the probation officer
5in formulating a non-judicial probation adjustment plan shall
6be the same as those limited in subsection (4) of Section
75-405.
8    (7) Beginning January 1, 2000, the probation officer who
9imposes a probation adjustment plan shall assure that
10information about an offense which would constitute a felony if
11committed by an adult, and may assure that information about a
12misdemeanor offense, is transmitted to the Department of State
13Police.
14(Source: P.A. 92-329, eff. 8-9-01.)