Illinois General Assembly - Full Text of HB5041
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Full Text of HB5041  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/27/2022, by Rep. Dave Severin


705 ILCS 405/6-1  from Ch. 37, par. 806-1

    Amends the Administration of Juvenile Services Article of the Juvenile Court Act of 1987. Requires the Administrative Office of the Illinois Courts to adopt rules to permit the hiring of personnel at a county juvenile detention center that possess less than a bachelor's degree. Effective immediately.

LRB102 25179 LNS 34443 b





HB5041LRB102 25179 LNS 34443 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 6-1 as follows:
6    (705 ILCS 405/6-1)  (from Ch. 37, par. 806-1)
7    Sec. 6-1. Probation departments; functions and duties.
8    (1) The chief judge of each circuit shall make provision
9for probation services for each county in his or her circuit.
10The appointment of officers to probation or court services
11departments and the administration of such departments shall
12be governed by the provisions of the Probation and Probation
13Officers Act.
14    (2) Every county or every group of counties constituting a
15probation district shall maintain a court services or
16probation department subject to the provisions of the
17Probation and Probation Officers Act. For the purposes of this
18Act, such a court services or probation department has, but is
19not limited to, the following powers and duties:
20        (a) When authorized or directed by the court, to
21    receive, investigate and evaluate complaints indicating
22    dependency, requirement of authoritative intervention,
23    addiction or delinquency within the meaning of Sections



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1    2-3, 2-4, 3-3, 4-3, or 5-105, respectively; to determine
2    or assist the complainant in determining whether a
3    petition should be filed under Sections 2-13, 3-15, 4-12,
4    or 5-520 or whether referral should be made to an agency,
5    association or other person or whether some other action
6    is advisable; and to see that the indicating filing,
7    referral or other action is accomplished. However, no such
8    investigation, evaluation or supervision by such court
9    services or probation department is to occur with regard
10    to complaints indicating only that a minor may be a
11    chronic or habitual truant.
12        (a-1) To confer in a preliminary conference, with a
13    view to adjusting suitable cases without the filing of a
14    petition as provided for in Section 2-12 or Section 5-305.
15        (b) When a petition is filed under Section 2-13, 3-15,
16    4-15, or 5-520, to make pre-adjudicatory investigations
17    and formulate recommendations to the court when the court
18    has authorized or directed the department to do so.
19        (b-1) When authorized or directed by the court, and
20    with the consent of the party respondents and the State's
21    Attorney, to confer in a pre-adjudicatory conference, with
22    a view to adjusting suitable cases as provided for in
23    Section 2-12 or Section 5-305.
24        (c) To counsel and, by order of the court, to
25    supervise minors referred to the court; to conduct
26    indicated programs of casework, including referrals for



HB5041- 3 -LRB102 25179 LNS 34443 b

1    medical and mental health service, organized recreation
2    and job placement for wards of the court and, when
3    appropriate, for members of the family of a ward; to act as
4    liaison officer between the court and agencies or
5    associations to which minors are referred or through which
6    they are placed; when so appointed, to serve as guardian
7    of the person of a ward of the court; to provide probation
8    supervision and protective supervision ordered by the
9    court; and to provide like services to wards and
10    probationers of courts in other counties or jurisdictions
11    who have lawfully become local residents.
12        (d) To arrange for placements pursuant to court order.
13        (e) To assume administrative responsibility for such
14    detention, shelter care and other institutions for minors
15    as the court may operate.
16        (f) To maintain an adequate system of case records,
17    statistical records, and financial records related to
18    juvenile detention and shelter care and to make reports to
19    the court and other authorized persons, and to the Supreme
20    Court pursuant to the Probation and Probation Officers
21    Act.
22        (g) To perform such other services as may be
23    appropriate to effectuate the purposes of this Act or as
24    may be directed by any order of court made under this Act.
25    (3) The court services or probation department in any
26probation district or county having less than 1,000,000



HB5041- 4 -LRB102 25179 LNS 34443 b

1inhabitants, or any personnel of the department, may be
2required by the circuit court to render services to the court
3in other matters as well as proceedings under this Act.
4    (4) In any county or probation district, a probation
5department may be established as a separate division of a more
6inclusive department of court services, with any appropriate
7divisional designation. The organization of any such
8department of court services and the appointment of officers
9and other personnel must comply with the Probation and
10Probation Officers Act.
11    (5) For purposes of this Act only, probation officers
12appointed to probation or court services departments shall be
13considered peace officers. In the exercise of their official
14duties, probation officers, sheriffs, and police officers may,
15anywhere within the State, arrest any minor who is in
16violation of any of the conditions of his or her probation,
17continuance under supervision, or informal supervision, and it
18shall be the duty of the officer making the arrest to take the
19minor before the court having jurisdiction over the minor for
20further action.
21    (6) Notwithstanding any other provision of law or rule,
22the Administrative Office of the Illinois Courts shall adopt
23rules to permit the hiring of personnel at a county juvenile
24detention center that possess less than a bachelor's degree,
25including, but not limited to, the hiring of an applicant that
26possesses an associate's degree or has completed at least 60



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1credit hours at an accredited institution of higher education.
2(Source: P.A. 101-81, eff. 7-12-19.)
3    Section 99. Effective date. This Act takes effect upon
4becoming law.