Illinois General Assembly - Full Text of SB3075
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Full Text of SB3075  98th General Assembly


Sen. John G. Mulroe

Filed: 3/21/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 3075 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 5-305 and 6-1 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



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1Attorney insists on court action or when the minor has
2indicated that he or she will demand a judicial hearing and
3will not comply with a probation adjustment.
4    (1-b) In any case of a minor who is in custody, the holding
5of a probation adjustment conference does not operate to
6prolong temporary custody beyond the period permitted by
7Section 5-415.
8    (2) This Section does not authorize any probation officer
9to compel any person to appear at any conference, produce any
10papers, or visit any place.
11    (3) No statement made during a preliminary conference in
12regard to the offense that is the subject of the conference may
13be admitted into evidence at an adjudicatory hearing or at any
14proceeding against the minor under the criminal laws of this
15State prior to his or her conviction under those laws.
16    (4) When a probation adjustment is appropriate, the
17probation officer shall promptly formulate a written,
18non-judicial adjustment plan following the initial conference.
19    (5) Non-judicial probation adjustment plans include but
20are not limited to the following:
21        (a) up to 6 months informal supervision within the
22    family;
23        (b) up to 12 months informal supervision with a
24    probation officer involved which may include any
25    conditions of probation provided in Section 5-715;
26        (c) up to 6 months informal supervision with release to



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1    a person other than a parent;
2        (d) referral to special educational, counseling, or
3    other rehabilitative social or educational programs;
4        (e) referral to residential treatment programs;
5        (f) participation in a public or community service
6    program or activity; and
7        (g) any other appropriate action with the consent of
8    the minor and a parent.
9    (6) The factors to be considered by the probation officer
10in formulating a non-judicial probation adjustment plan shall
11be the same as those limited in subsection (4) of Section
13    (7) Beginning January 1, 2000, the probation officer who
14imposes a probation adjustment plan shall assure that
15information about an offense which would constitute a felony if
16committed by an adult, and may assure that information about a
17misdemeanor offense, is transmitted to the Department of State
19    (8) If the minor fails to comply with any term or condition
20of the non-judicial probation adjustment, the matter shall be
21referred to the State's Attorney for determination of whether a
22petition under this Article shall be filed.
23(Source: P.A. 92-329, eff. 8-9-01.)
24    (705 ILCS 405/6-1)  (from Ch. 37, par. 806-1)
25    Sec. 6-1. Probation departments; functions and duties.



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1    (1) The chief judge of each circuit shall make provision
2for probation services for each county in his or her circuit.
3The appointment of officers to probation or court services
4departments and the administration of such departments shall be
5governed by the provisions of the Probation and Probation
6Officers Act.
7    (2) Every county or every group of counties constituting a
8probation district shall maintain a court services or probation
9department subject to the provisions of the Probation and
10Probation Officers Act. For the purposes of this Act, such a
11court services or probation department has, but is not limited
12to, the following powers and duties:
13        (a) When authorized or directed by the court, to
14    receive, investigate and evaluate complaints indicating
15    dependency, requirement of authoritative intervention,
16    addiction or delinquency within the meaning of Sections
17    2-3, 2-4, 3-3, 4-3 or 5-105, respectively; to determine or
18    assist the complainant in determining whether a petition
19    should be filed under Sections 2-13, 3-15, 4-12 or 5-520 or
20    whether referral should be made to an agency, association
21    or other person or whether some other action is advisable;
22    and to see that the indicating filing, referral or other
23    action is accomplished. However, no such investigation,
24    evaluation or supervision by such court services or
25    probation department is to occur with regard to complaints
26    indicating only that a minor may be a chronic or habitual



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1    truant.
2        (a-1) To confer in a preliminary conference with a view
3    to adjusting suitable cases without the filing of a
4    petition as provided for in Section 2-12 or Section 5-305.
5        (b) When a petition is filed under Section 2-13, 3-15,
6    4-15 or 5-520, to make pre-adjudicatory pre-hearing
7    investigations and formulate recommendations to the court
8    when the court has authorized or directed the department to
9    do so.
10        (b-1) When authorized or directed by the court, and
11    with the consent of the party respondents and the State's
12    Attorney, to confer in a pre-adjudicatory conference, with
13    a view to adjusting suitable cases as provided for in
14    Section 2-12 or Section 5-305.
15        (c) To counsel and, by order of the court, to supervise
16    minors referred to the court; to conduct indicated programs
17    of casework, including referrals for medical and mental
18    health service, organized recreation and job placement for
19    wards of the court and, when appropriate, for members of
20    the family of a ward; to act as liaison officer between the
21    court and agencies or associations to which minors are
22    referred or through which they are placed; when so
23    appointed, to serve as guardian of the person of a ward of
24    the court; to provide probation supervision and protective
25    supervision ordered by the court; and to provide like
26    services to wards and probationers of courts in other



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1    counties or jurisdictions who have lawfully become local
2    residents.
3        (d) To arrange for placements pursuant to court order.
4        (e) To assume administrative responsibility for such
5    detention, shelter care and other institutions for minors
6    as the court may operate.
7        (f) To maintain an adequate system of case records,
8    statistical records, and financial records related to
9    juvenile detention and shelter care and to make reports to
10    the court and other authorized persons, and to the Supreme
11    Court pursuant to the Probation and Probation Officers Act.
12        (g) To perform such other services as may be
13    appropriate to effectuate the purposes of this Act or as
14    may be directed by any order of court made under this Act.
15    (3) The court services or probation department in any
16probation district or county having less than 1,000,000
17inhabitants, or any personnel of the department, may be
18required by the circuit court to render services to the court
19in other matters as well as proceedings under this Act.
20    (4) In any county or probation district, a probation
21department may be established as a separate division of a more
22inclusive department of court services, with any appropriate
23divisional designation. The organization of any such
24department of court services and the appointment of officers
25and other personnel must comply with the Probation and
26Probations Officers Act.



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1    (5) For purposes of this Act only, probation officers
2appointed to probation or court services departments shall be
3considered peace officers. In the exercise of their official
4duties, probation officers, sheriffs, and police officers may,
5anywhere within the State, arrest any minor who is in violation
6of any of the conditions of his or her probation, continuance
7under supervision, or informal supervision, and it shall be the
8duty of the officer making the arrest to take the minor before
9the court having jurisdiction over the minor for further
11(Source: P.A. 93-576, eff. 1-1-04.)".