(705 ILCS 405/5-101)
Sec. 5-101. Purpose and policy.
(1) It is the intent of the General Assembly to promote a juvenile justice
system
capable of dealing with the problem of juvenile delinquency, a system that will
protect the community, impose accountability for violations of law and equip
juvenile offenders with competencies to live responsibly and productively. To
effectuate this intent, the General Assembly declares the following to be
important
purposes of this Article:
(a) To protect citizens from juvenile crime.
(b) To hold each juvenile offender directly |
| accountable for the juvenile's acts.
|
|
(c) To provide an individualized assessment of each
|
| alleged and adjudicated delinquent juvenile, in order to rehabilitate and to prevent further delinquent behavior through the development of competency in the juvenile offender. As used in this Section, "competency" means the development of educational, vocational, social, emotional and basic life skills which enable a minor to mature into a productive member of society.
|
|
(d) To provide due process, as required by the
|
| Constitutions of the United States and the State of Illinois, through which each juvenile offender and all other interested parties are assured fair hearings at which legal rights are recognized and enforced.
|
|
(2) To accomplish these goals, juvenile justice policies developed pursuant
to this Article shall be designed to:
(a) Promote the development and implementation of
|
| community-based programs designed to prevent unlawful and delinquent behavior and to effectively minimize the depth and duration of the minor's involvement in the juvenile justice system;
|
|
(b) Provide secure confinement for minors who present
|
| a danger to the community and make those minors understand that sanctions for serious crimes, particularly violent felonies, should be commensurate with the seriousness of the offense and merit strong punishment;
|
|
(c) Protect the community from crimes committed by
|
|
(d) Provide programs and services that are
|
| community-based and that are in close proximity to the minor's home;
|
|
(e) Allow minors to reside within their homes
|
| whenever possible and appropriate and provide support necessary to make this possible;
|
|
(f) Base probation treatment planning upon individual
|
|
(g) Include the minor's family in the case management
|
|
(h) Provide supervision and service coordination
|
| where appropriate; implement and monitor the case management plan in order to discourage recidivism;
|
|
(i) Provide post-release services to minors who are
|
| returned to their families and communities after detention;
|
|
(j) Hold minors accountable for their unlawful
|
| behavior and not allow minors to think that their delinquent acts have no consequence for themselves and others.
|
|
(3) In all procedures under this Article, minors shall have all the
procedural rights of adults in criminal proceedings, unless specifically
precluded by laws that enhance the protection of such minors. Minors shall not
have the right to a jury trial unless specifically provided by this Article.
(Source: P.A. 103-22, eff. 8-8-23.)
|
(705 ILCS 405/5-105)
(Text of Section from P.A. 103-22)
Sec. 5-105. Definitions. As used in this Article:
(1) "Aftercare release" means the conditional and |
| revocable release of an adjudicated delinquent juvenile committed to the Department of Juvenile Justice under the supervision of the Department of Juvenile Justice.
|
|
(1.5) "Court" means the circuit court in a session or
|
| division assigned to hear proceedings under this Act, and includes the term Juvenile Court.
|
|
(2) "Community service" means uncompensated labor for
|
| a community service agency as hereinafter defined.
|
|
(2.5) "Community service agency" means a
|
| not-for-profit organization, community organization, church, charitable organization, individual, public office, or other public body whose purpose is to enhance the physical or mental health of a delinquent minor or to rehabilitate the minor, or to improve the environmental quality or social welfare of the community which agrees to accept community service from juvenile delinquents and to report on the progress of the community service to the State's Attorney pursuant to an agreement or to the court or to any agency designated by the court or to the authorized diversion program that has referred the delinquent minor for community service.
|
|
(3) "Delinquent minor" means any minor who prior to
|
| the minor's 18th birthday has violated or attempted to violate, regardless of where the act occurred, any federal, State, county or municipal law or ordinance.
|
|
(4) "Department" means the Department of Human
|
| Services unless specifically referenced as another department.
|
|
(5) "Detention" means the temporary care of a minor
|
| who is alleged to be or has been adjudicated delinquent and who requires secure custody for the minor's own protection or the community's protection in a facility designed to physically restrict the minor's movements, pending disposition by the court or execution of an order of the court for placement or commitment. Design features that physically restrict movement include, but are not limited to, locked rooms and the secure handcuffing of a minor to a rail or other stationary object. In addition, "detention" includes the court ordered care of an alleged or adjudicated delinquent minor who requires secure custody pursuant to Section 5-125 of this Act.
|
|
(6) "Diversion" means the referral of a juvenile,
|
| without court intervention, into a program that provides services designed to educate the juvenile and develop a productive and responsible approach to living in the community.
|
|
(7) "Juvenile detention home" means a public facility
|
| with specially trained staff that conforms to the county juvenile detention standards adopted by the Department of Juvenile Justice.
|
|
(8) "Juvenile justice continuum" means a set of
|
| delinquency prevention programs and services designed for the purpose of preventing or reducing delinquent acts, including criminal activity by youth gangs, as well as intervention, rehabilitation, and prevention services targeted at minors who have committed delinquent acts, and minors who have previously been committed to residential treatment programs for delinquents. The term includes children-in-need-of-services and families-in-need-of-services programs; aftercare and reentry services; substance abuse and mental health programs; community service programs; community service work programs; and alternative-dispute resolution programs serving youth-at-risk of delinquency and their families, whether offered or delivered by State or local governmental entities, public or private for-profit or not-for-profit organizations, or religious or charitable organizations. This term would also encompass any program or service consistent with the purpose of those programs and services enumerated in this subsection.
|
|
(9) "Juvenile police officer" means a sworn police
|
| officer who has completed a Basic Recruit Training Course, has been assigned to the position of juvenile police officer by the officer's chief law enforcement officer and has completed the necessary juvenile officers training as prescribed by the Illinois Law Enforcement Training Standards Board, or in the case of a State police officer, juvenile officer training approved by the Director of the Illinois State Police.
|
|
(10) "Minor" means a person under the age of 21 years
|
|
(11) "Non-secure custody" means confinement where the
|
| minor is not physically restricted by being placed in a locked cell or room, by being handcuffed to a rail or other stationary object, or by other means. Non-secure custody may include, but is not limited to, electronic monitoring, foster home placement, home confinement, group home placement, or physical restriction of movement or activity solely through facility staff.
|
|
(12) "Public or community service" means
|
| uncompensated labor for a not-for-profit organization or public body whose purpose is to enhance physical or mental stability of the offender, environmental quality or the social welfare and which agrees to accept public or community service from offenders and to report on the progress of the offender and the public or community service to the court or to the authorized diversion program that has referred the offender for public or community service. "Public or community service" does not include blood donation or assignment to labor at a blood bank. For the purposes of this Act, "blood bank" has the meaning ascribed to the term in Section 2-124 of the Illinois Clinical Laboratory and Blood Bank Act.
|
|
(13) "Sentencing hearing" means a hearing to
|
| determine whether a minor should be adjudged a ward of the court, and to determine what sentence should be imposed on the minor. It is the intent of the General Assembly that the term "sentencing hearing" replace the term "dispositional hearing" and be synonymous with that definition as it was used in the Juvenile Court Act of 1987.
|
|
(14) "Shelter" means the temporary care of a minor in
|
| physically unrestricting facilities pending court disposition or execution of court order for placement.
|
|
(15) "Site" means a not-for-profit organization,
|
| public body, church, charitable organization, or individual agreeing to accept community service from offenders and to report on the progress of ordered or required public or community service to the court or to the authorized diversion program that has referred the offender for public or community service.
|
|
(16) "Station adjustment" means the informal or
|
| formal handling of an alleged offender by a juvenile police officer.
|
|
(17) "Trial" means a hearing to determine whether the
|
| allegations of a petition under Section 5-520 that a minor is delinquent are proved beyond a reasonable doubt. It is the intent of the General Assembly that the term "trial" replace the term "adjudicatory hearing" and be synonymous with that definition as it was used in the Juvenile Court Act of 1987.
|
|
The changes made to this Section by Public Act 98-61 apply to violations or attempted violations committed on or after January 1, 2014 (the effective date of Public Act 98-61).
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-27)
Sec. 5-105. Definitions. As used in this Article:
(1) "Aftercare release" means the conditional and
|
| revocable release of an adjudicated delinquent juvenile committed to the Department of Juvenile Justice under the supervision of the Department of Juvenile Justice.
|
|
(1.5) "Court" means the circuit court in a session or
|
| division assigned to hear proceedings under this Act, and includes the term Juvenile Court.
|
|
(2) "Community service" means uncompensated labor for
|
| a community service agency as hereinafter defined.
|
|
(2.5) "Community service agency" means a
|
| not-for-profit organization, community organization, church, charitable organization, individual, public office, or other public body whose purpose is to enhance the physical or mental health of a delinquent minor or to rehabilitate the minor, or to improve the environmental quality or social welfare of the community which agrees to accept community service from juvenile delinquents and to report on the progress of the community service to the State's Attorney pursuant to an agreement or to the court or to any agency designated by the court or to the authorized diversion program that has referred the delinquent minor for community service.
|
|
(3) "Delinquent minor" means any minor who prior to
|
| the minor's 18th birthday has violated or attempted to violate an Illinois State, county, or municipal law or ordinance.
|
|
(4) "Department" means the Department of Human
|
| Services unless specifically referenced as another department.
|
|
(5) "Detention" means the temporary care of a minor
|
| who is alleged to be or has been adjudicated delinquent and who requires secure custody for the minor's own protection or the community's protection in a facility designed to physically restrict the minor's movements, pending disposition by the court or execution of an order of the court for placement or commitment. Design features that physically restrict movement include, but are not limited to, locked rooms and the secure handcuffing of a minor to a rail or other stationary object. In addition, "detention" includes the court ordered care of an alleged or adjudicated delinquent minor who requires secure custody pursuant to Section 5-125 of this Act.
|
|
(6) "Diversion" means the referral of a juvenile,
|
| without court intervention, into a program that provides services designed to educate the juvenile and develop a productive and responsible approach to living in the community.
|
|
(7) "Juvenile detention home" means a public facility
|
| with specially trained staff that conforms to the county juvenile detention standards adopted by the Department of Juvenile Justice.
|
|
(8) "Juvenile justice continuum" means a set of
|
| delinquency prevention programs and services designed for the purpose of preventing or reducing delinquent acts, including criminal activity by youth gangs, as well as intervention, rehabilitation, and prevention services targeted at minors who have committed delinquent acts, and minors who have previously been committed to residential treatment programs for delinquents. The term includes children-in-need-of-services and families-in-need-of-services programs; aftercare and reentry services; substance abuse and mental health programs; community service programs; community service work programs; and alternative-dispute resolution programs serving youth-at-risk of delinquency and their families, whether offered or delivered by State or local governmental entities, public or private for-profit or not-for-profit organizations, or religious or charitable organizations. This term would also encompass any program or service consistent with the purpose of those programs and services enumerated in this subsection.
|
|
(9) "Juvenile police officer" means a sworn police
|
| officer who has completed a Basic Recruit Training Course, has been assigned to the position of juvenile police officer by his or her chief law enforcement officer and has completed the necessary juvenile officers training as prescribed by the Illinois Law Enforcement Training Standards Board, or in the case of a State police officer, juvenile officer training approved by the Director of the Illinois State Police.
|
|
(10) "Minor" means a person under the age of 21 years
|
|
(11) "Non-secure custody" means confinement where the
|
| minor is not physically restricted by being placed in a locked cell or room, by being handcuffed to a rail or other stationary object, or by other means. Non-secure custody may include, but is not limited to, electronic monitoring, foster home placement, home confinement, group home placement, or physical restriction of movement or activity solely through facility staff.
|
|
(12) "Public or community service" means
|
| uncompensated labor for a not-for-profit organization or public body whose purpose is to enhance physical or mental stability of the offender, environmental quality or the social welfare and which agrees to accept public or community service from offenders and to report on the progress of the offender and the public or community service to the court or to the authorized diversion program that has referred the offender for public or community service. "Public or community service" does not include blood donation or assignment to labor at a blood bank. For the purposes of this Act, "blood bank" has the meaning ascribed to the term in Section 2-124 of the Illinois Clinical Laboratory and Blood Bank Act.
|
|
(13) "Sentencing hearing" means a hearing to
|
| determine whether a minor should be adjudged a ward of the court, and to determine what sentence should be imposed on the minor. It is the intent of the General Assembly that the term "sentencing hearing" replace the term "dispositional hearing" and be synonymous with that definition as it was used in the Juvenile Court Act of 1987.
|
|
(14) "Shelter" means the temporary care of a minor in
|
| physically unrestricting facilities pending court disposition or execution of court order for placement.
|
|
(15) "Site" means a not-for-profit organization,
|
| public body, church, charitable organization, or individual agreeing to accept community service from offenders and to report on the progress of ordered or required public or community service to the court or to the authorized diversion program that has referred the offender for public or community service.
|
|
(16) "Station adjustment" means the informal or
|
| formal handling of an alleged offender by a juvenile police officer.
|
|
(17) "Trial" means a hearing to determine whether the
|
| allegations of a petition under Section 5-520 that a minor is delinquent are proved beyond a reasonable doubt. It is the intent of the General Assembly that the term "trial" replace the term "adjudicatory hearing" and be synonymous with that definition as it was used in the Juvenile Court Act of 1987.
|
|
The changes made to this Section by Public Act 98-61 apply to violations or attempted violations committed on or after January 1, 2014 (the effective date of Public Act 98-61).
(Source: P.A. 102-538, eff. 8-20-21; 103-27, eff. 1-1-24.)
|
(705 ILCS 405/5-301)
Sec. 5-301. Station adjustments. A minor arrested for any offense or a violation of a condition of previous
station adjustment may receive a station adjustment for that arrest as
provided herein. In deciding whether to impose a station adjustment, either
informal
or formal, a juvenile police officer shall consider the following factors:
(A) The seriousness of the alleged offense.
(B) The prior history of delinquency of the minor.
(C) The age of the minor.
(D) The culpability of the minor in committing the |
|
(E) Whether the offense was committed in an
|
| aggressive or premeditated manner.
|
|
(F) Whether the minor used or possessed a deadly
|
| weapon when committing the alleged offenses.
|
|
(1) Informal station adjustment.
(a) An informal station adjustment is defined as a
|
| procedure when a juvenile police officer determines that there is probable cause to believe that the minor has committed an offense.
|
|
(b) A minor shall receive no more than 3 informal
|
| station adjustments statewide for a misdemeanor offense within 3 years without prior approval from the State's Attorney's Office.
|
|
(c) A minor shall receive no more than 3 informal
|
| station adjustments statewide for a felony offense within 3 years without prior approval from the State's Attorney's Office.
|
|
(d) A minor shall receive a combined total of no more
|
| than 5 informal station adjustments statewide during the person's minority.
|
|
(e) The juvenile police officer may make reasonable
|
| conditions of an informal station adjustment which may include but are not limited to:
|
|
(i) Curfew.
(ii) Conditions restricting entry into designated
|
|
(iii) No contact with specified persons.
(iv) School attendance.
(v) Performing up to 25 hours of community
|
|
(vi) Community mediation.
(vii) Teen court or a peer court.
(viii) Restitution limited to 90 days.
(f) If the minor refuses or fails to abide by the
|
| conditions of an informal station adjustment, the juvenile police officer may impose a formal station adjustment or refer the matter to the State's Attorney's Office.
|
|
(g) An informal station adjustment does not
|
| constitute an adjudication of delinquency or a criminal conviction. Beginning January 1, 2000, a record shall be maintained with the Illinois State Police for informal station adjustments for offenses that would be a felony if committed by an adult, and may be maintained if the offense would be a misdemeanor.
|
|
(2) Formal station adjustment.
(a) A formal station adjustment is defined as a
|
| procedure when a juvenile police officer determines that there is probable cause to believe the minor has committed an offense and an admission by the minor of involvement in the offense.
|
|
(b) The minor and parent, guardian, or legal
|
| custodian must agree in writing to the formal station adjustment and must be advised of the consequences of violation of any term of the agreement.
|
|
(c) The minor and parent, guardian or legal custodian
|
| shall be provided a copy of the signed agreement of the formal station adjustment. The agreement shall include:
|
|
(i) The offense which formed the basis of the
|
| formal station adjustment.
|
|
(ii) An acknowledgment that the terms of the
|
| formal station adjustment and the consequences for violation have been explained.
|
|
(iii) An acknowledgment that the formal station
|
| adjustments record may be expunged under Section 5-915 of this Act.
|
|
(iv) An acknowledgment that the minor understands
|
| that the minor's admission of involvement in the offense may be admitted into evidence in future court hearings.
|
|
(v) A statement that all parties understand the
|
| terms and conditions of formal station adjustment and agree to the formal station adjustment process.
|
|
(d) Conditions of the formal station adjustment may
|
| include, but are not limited to:
|
|
(i) The time shall not exceed 120 days.
(ii) The minor shall not violate any laws.
(iii) The juvenile police officer may require the
|
| minor to comply with additional conditions for the formal station adjustment which may include but are not limited to:
|
|
(a) Attending school.
(b) Abiding by a set curfew.
(c) Payment of restitution.
(d) Refraining from possessing a firearm or
|
|
(e) Reporting to a police officer at
|
| designated times and places, including reporting and verification that the minor is at home at designated hours.
|
|
(f) Performing up to 25 hours of community
|
|
(g) Refraining from entering designated
|
|
(h) Participating in community mediation.
(i) Participating in teen court or peer court.
(j) Refraining from contact with specified
|
|
(e) A formal station adjustment does not constitute
|
| an adjudication of delinquency or a criminal conviction. Beginning January 1, 2000, a record shall be maintained with the Illinois State Police for formal station adjustments.
|
|
(f) A minor or the minor's parent, guardian, or legal
|
| custodian, or both the minor and the minor's parent, guardian, or legal custodian, may refuse a formal station adjustment and have the matter referred for court action or other appropriate action.
|
|
(g) A minor or the minor's parent, guardian, or legal
|
| custodian, or both the minor and the minor's parent, guardian, or legal custodian, may within 30 days of the commencement of the formal station adjustment revoke their consent and have the matter referred for court action or other appropriate action. This revocation must be in writing and personally served upon the police officer or the police officer's supervisor.
|
|
(h) The admission of the minor as to involvement in
|
| the offense shall be admissible at further court hearings as long as the statement would be admissible under the rules of evidence.
|
|
(i) If the minor violates any term or condition of
|
| the formal station adjustment the juvenile police officer shall provide written notice of violation to the minor and the minor's parent, guardian, or legal custodian. After consultation with the minor and the minor's parent, guardian, or legal custodian, the juvenile police officer may take any of the following steps upon violation:
|
|
(i) Warn the minor of consequences of continued
|
| violations and continue the formal station adjustment.
|
|
(ii) Extend the period of the formal station
|
| adjustment up to a total of 180 days.
|
|
(iii) Extend the hours of community service work
|
| up to a total of 40 hours.
|
|
(iv) Terminate the formal station adjustment
|
| unsatisfactorily and take no other action.
|
|
(v) Terminate the formal station adjustment
|
| unsatisfactorily and refer the matter to the juvenile court.
|
|
(j) A minor shall receive no more than 2 formal
|
| station adjustments statewide for a felony offense without the State's Attorney's approval within a 3 year period.
|
|
(k) A minor shall receive no more than 3 formal
|
| station adjustments statewide for a misdemeanor offense without the State's Attorney's approval within a 3 year period.
|
|
(l) The total for formal station adjustments
|
| statewide within the period of minority may not exceed 4 without the State's Attorney's approval.
|
|
(m) If the minor is arrested in a jurisdiction where
|
| the minor does not reside, the formal station adjustment may be transferred to the jurisdiction where the minor does reside upon written agreement of that jurisdiction to monitor the formal station adjustment.
|
|
(3) Beginning January 1, 2000, the
juvenile police officer making a station adjustment shall assure
that information about any offense which would constitute a felony if committed
by an adult and may assure that information about a misdemeanor is transmitted
to the Illinois State Police.
(4) The total number of station adjustments, both formal and informal, shall
not exceed 9 without the State's Attorney's approval for any minor arrested
anywhere in the State.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
|
(705 ILCS 405/5-310)
Sec. 5-310. Community mediation program.
(1) Program purpose.
The purpose of community mediation is to provide a system by which minors who
commit delinquent acts may be dealt with in a speedy and informal manner at the
community or neighborhood level. The goal is to make the juvenile understand
the seriousness of the juvenile's actions and the effect that a crime has on
the minor, the minor's family, the minor's victim and the minor's community.
In
addition, this system offers a method to reduce the ever-increasing instances
of delinquent acts while permitting the judicial system to deal effectively
with cases that are more serious in nature.
(2) Community mediation panels.
The State's Attorney, or an entity designated by the State's Attorney, may
establish
community mediation programs designed to provide citizen participation in
addressing juvenile delinquency. The State's Attorney, or the State's Attorney's designee,
shall
maintain a list of qualified persons who have agreed to serve as community
mediators. To the maximum extent possible, panel membership shall reflect the
social-economic, racial and ethnic make-up of the community in which the panel
sits. The panel shall consist of members with a diverse background in
employment, education and life experience.
(3) Community mediation cases.
(a) Community mediation programs shall provide one or |
| more community mediation panels to informally hear cases that are referred by a police officer as a station adjustment, or a probation officer as a probation adjustment, or referred by the State's Attorney as a diversion from prosecution.
|
|
(b) Minors who are offered the opportunity to
|
| participate in the program must admit responsibility for the offense to be eligible for the program.
|
|
(4) Disposition of cases.
Subsequent to any hearing held, the community mediation panel may:
(a) Refer the minor for placement in a
|
| community-based nonresidential program.
|
|
(b) Refer the minor or the minor's family to
|
|
(c) Require the minor to perform up to 100 hours of
|
|
(d) Require the minor to make restitution in money or
|
| in kind in a case involving property damage; however, the amount of restitution shall not exceed the amount of actual damage to property.
|
|
(e) Require the minor and the minor's parent,
|
| guardian, or legal custodian to undergo an approved screening for substance abuse or use, or both. If the screening indicates a need, a drug and alcohol assessment of the minor and the minor's parent, guardian, or legal custodian shall be conducted by an entity licensed by the Department of Human Services, as a successor to the Department of Alcoholism and Substance Abuse. The minor and the minor's parent, guardian, or legal custodian shall adhere to and complete all recommendations to obtain drug and alcohol treatment and counseling resulting from the assessment.
|
|
(f) Require the minor to attend school.
(g) Require the minor to attend tutorial sessions.
(h) Impose any other restrictions or sanctions that
|
| are designed to encourage responsible and acceptable behavior and are agreed upon by the participants of the community mediation proceedings.
|
|
(5) The agreement shall run no more than 6 months. All community
mediation panel members and
observers are required to sign the following oath of confidentiality prior to
commencing community mediation proceedings:
"I solemnly swear or affirm that I will not
|
| divulge, either by words or signs, any information about the case which comes to my knowledge in the course of a community mediation presentation and that I will keep secret all proceedings which may be held in my presence.
|
|
Further, I understand that if I break
|
| confidentiality by telling anyone else the names of community mediation participants, except for information pertaining to the community mediation panelists themselves, or any other specific details of the case which may identify that juvenile, I will no longer be able to serve as a community mediation panel member or observer."
|
|
(6) The State's Attorney shall adopt rules and procedures
governing administration of the program.
(Source: P.A. 103-22, eff. 8-8-23.)
|
(705 ILCS 405/5-401.5)
Sec. 5-401.5. When statements by minor may be used.
(a) In this Section, "custodial interrogation" means any interrogation
(i) during which a reasonable person in the subject's position
would consider the subject to be in custody and (ii) during which
a
question is asked that is reasonably likely to elicit an incriminating
response.
In this Section, "electronic recording" includes motion picture,
audiotape, videotape, or digital recording.
In this Section, "place of detention" means a building
or a police station that is a place of operation for a municipal police
department or county sheriff department or other law enforcement agency
at which persons are or may be held in detention in
connection with criminal charges against those persons or allegations that
those
persons are delinquent minors.
(a-5) An oral, written, or sign language statement of a minor, who at the time of the commission of the offense was under 18 years of age, is presumed to be inadmissible when the statement is obtained from the minor while the minor is subject to custodial interrogation by a law enforcement officer, State's Attorney, juvenile officer, or other public official or employee prior to the officer, State's Attorney, public official, or employee: (1) continuously reads to the minor, in its entirety |
| and without stopping for purposes of a response from the minor or verifying comprehension, the following statement: "You have the right to remain silent. That means you do not have to say anything. Anything you do say can be used against you in court. You have the right to get help from a lawyer. If you cannot pay for a lawyer, the court will get you one for free. You can ask for a lawyer at any time. You have the right to stop this interview at any time."; and
|
|
(2) after reading the statement required by paragraph
|
| (1) of this subsection (a-5), the public official or employee shall ask the minor the following questions and wait for the minor's response to each question:
|
|
(A) "Do you want to have a lawyer?"
(B) "Do you want to talk to me?"
(b) An oral, written, or sign language statement of a minor who, at the time
of the
commission of the offense was under the age of 18
years, made as a
result of a custodial interrogation conducted at a police station or other
place of detention on or after
the effective date of
this amendatory Act of the 99th General Assembly shall be presumed to be
inadmissible as evidence against the
minor in
any criminal proceeding or juvenile court proceeding,
for an act that if committed by an adult would be
a misdemeanor offense under Article 11 of the Criminal Code of 2012 or any felony offense
unless:
(1) an electronic recording is made of the custodial
|
|
(2) the recording is substantially accurate and not
|
|
(b-5) (Blank).
(b-10) If, during the course of an electronically recorded custodial interrogation conducted under this Section of a minor who, at the time
of the
commission of the offense was under the age of 18
years, the minor makes a statement that creates a reasonable suspicion to believe the minor has committed an act that if committed by an adult would be an offense other than an offense required to be recorded under subsection (b), the interrogators may, without the minor's consent, continue to record the interrogation as it relates to the other offense notwithstanding any provision of law to the contrary. Any oral, written, or sign language statement of a minor made as a result of an interrogation under this subsection shall be presumed to be inadmissible as evidence against the minor in any criminal proceeding or juvenile court proceeding, unless the recording is substantially accurate and not intentionally altered.
(c) Every electronic recording made under this Section
must be preserved
until such time as the
minor's adjudication
for any
offense relating to the statement is final and all direct and habeas corpus
appeals are
exhausted,
or the prosecution of such offenses is barred by law.
(d) If the court finds, by a preponderance of the evidence, that the
minor
was
subjected to a custodial interrogation in violation of this Section,
then any statements made
by the
minor during or following that non-recorded custodial interrogation, even
if
otherwise in compliance with this Section, are presumed to be inadmissible in
any criminal
proceeding or juvenile court proceeding against the minor except for the
purposes of impeachment.
(e) Nothing in this Section precludes the admission (i) of a statement made
by the
minor in open court in any criminal proceeding or juvenile court proceeding,
before a grand jury, or
at a
preliminary hearing,
(ii) of a
statement made during a
custodial interrogation that was not recorded as required by
this
Section because electronic recording was not feasible, (iii) of a
voluntary
statement,
whether or not the result of a custodial interrogation, that has a bearing on
the
credibility of the accused as a witness, (iv)
of a spontaneous statement
that is not made in response to a question,
(v) of a statement made after questioning that is routinely
asked during the processing of the arrest of the suspect, (vi) of a statement
made during a custodial interrogation by a suspect who requests, prior to
making
the statement, to respond to the
interrogator's questions only if
an electronic recording is not made of the statement, provided that an
electronic
recording is made of the statement of agreeing to respond to
the interrogator's question, only if a recording is not made of the statement,
(vii)
of a statement made
during a custodial
interrogation that is conducted out-of-state,
(viii)
of a
statement given in violation of subsection (b) at a time when the interrogators are unaware that a death
has in fact occurred, (ix) (blank), or (x) of any
other statement that may be admissible under law. The State shall bear the
burden of proving, by a preponderance of the evidence, that one of the
exceptions described in this subsection (e) is applicable. Nothing in this
Section precludes the admission of a statement, otherwise inadmissible under
this Section, that is used only for impeachment and not as substantive
evidence.
(f) The presumption of inadmissibility of a statement made by a suspect at
a custodial interrogation at a police station or other place of detention may
be overcome by a preponderance of the evidence
that
the statement was voluntarily given and is reliable, based on the totality of
the
circumstances.
(g) Any electronic recording of any statement made by a minor during a
custodial interrogation that is compiled by any law enforcement agency as
required by this Section for the purposes of fulfilling the requirements of
this
Section shall be confidential and exempt from public inspection and copying, as
provided under Section 7 of the Freedom of Information Act, and the information
shall not be transmitted to anyone except as needed to comply with this
Section.
(h) A statement, admission, confession, or incriminating information made by or obtained from a minor related to the instant offense, as part of any behavioral health screening, assessment, evaluation, or treatment, whether or not court-ordered, shall not be admissible as evidence against the minor on the issue of guilt only in the instant juvenile court proceeding. The provisions of this subsection (h) are in addition to and do not override any existing statutory and constitutional prohibition on the admission into evidence in delinquency proceedings of information obtained during screening, assessment, or treatment.
(i) The changes made to this Section by Public Act 98-61 apply to statements of a minor made on or after January 1, 2014 (the effective date of Public Act 98-61).
(Source: P.A. 103-22, eff. 8-8-23.)
|
(705 ILCS 405/5-410)
Sec. 5-410. Non-secure custody or detention.
(1) Any minor arrested or taken into custody pursuant to this Act who
requires care away from the minor's home but who does not require physical
restriction shall be given temporary care in a foster family home or other
shelter facility designated by the court.
(2)(a) Any minor 10 years of age or older arrested
pursuant to this Act where there is probable cause to believe that the minor
is a delinquent minor and that
(i) secure custody is a matter of immediate and urgent necessity for the
protection of the minor or of the person or property of another, (ii) the minor
is likely to flee the jurisdiction of the court, or (iii) the minor was taken
into custody under a warrant, may be kept or detained in an authorized
detention facility. A minor under 13 years of age shall not be admitted, kept, or detained in a detention facility unless a local youth service provider, including a provider through the Comprehensive Community Based Youth Services network, has been contacted and has not been able to accept the minor. No minor under 12 years of age shall be detained in a
county jail or a municipal lockup for more than 6 hours.
(a-5) For a minor arrested or taken into custody for vehicular hijacking or aggravated vehicular hijacking, a previous finding of delinquency for vehicular hijacking or aggravated vehicular hijacking shall be given greater weight in determining whether secured custody of a minor is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another. (b) The written authorization of the probation officer or detention officer
(or other public officer designated by the court in a county having
3,000,000 or more inhabitants) constitutes authority for the superintendent of
any juvenile detention home to detain and keep a minor for up to 40 hours,
excluding Saturdays, Sundays, and court-designated holidays. These
records shall be available to the same persons and pursuant to the same
conditions as are law enforcement records as provided in Section 5-905.
(b-4) The consultation required by paragraph (b-5) shall not be applicable
if the probation officer or detention officer (or other public officer
designated
by the court in a
county having 3,000,000 or more inhabitants) utilizes a scorable detention
screening instrument, which has been developed with input by the State's
Attorney, to
determine whether a minor should be detained, however, paragraph (b-5) shall
still be applicable where no such screening instrument is used or where the
probation officer, detention officer (or other public officer designated by the
court in a county
having 3,000,000 or more inhabitants) deviates from the screening instrument.
(b-5) Subject to the provisions of paragraph (b-4), if a probation officer
or detention officer
(or other public officer designated by
the court in a county having 3,000,000 or more inhabitants) does not intend to
detain a minor for an offense which constitutes one of the following offenses, the probation officer or detention officer (or other public officer designated by the court in a county having 3,000,000 or more inhabitants)
shall consult with the State's Attorney's Office prior to the release
of the minor: first degree murder, second degree murder, involuntary
manslaughter, criminal sexual assault, aggravated criminal sexual assault,
aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous battery involving
permanent disability or disfigurement or great bodily harm, robbery, aggravated
robbery, armed robbery, vehicular hijacking, aggravated vehicular hijacking,
vehicular invasion, arson, aggravated arson, kidnapping, aggravated kidnapping,
home invasion, burglary, or residential burglary.
(c) Except as otherwise provided in paragraph (a), (d), or (e), no minor
shall
be detained in a county jail or municipal lockup for more than 12 hours, unless
the offense is a crime of violence in which case the minor may be detained up
to 24 hours. For the purpose of this paragraph, "crime of violence" has the
meaning
ascribed to it in Section 1-10 of the Alcoholism and Other Drug Abuse and
Dependency Act.
(i) The period of detention is deemed to have begun |
| once the minor has been placed in a locked room or cell or handcuffed to a stationary object in a building housing a county jail or municipal lockup. Time spent transporting a minor is not considered to be time in detention or secure custody.
|
|
(ii) Any minor so confined shall be under periodic
|
| supervision and shall not be permitted to come into or remain in contact with adults in custody in the building.
|
|
(iii) Upon placement in secure custody in a jail or
|
| lockup, the minor shall be informed of the purpose of the detention, the time it is expected to last and the fact that it cannot exceed the time specified under this Act.
|
|
(iv) A log shall be kept which shows the offense
|
| which is the basis for the detention, the reasons and circumstances for the decision to detain, and the length of time the minor was in detention.
|
|
(v) Violation of the time limit on detention in a
|
| county jail or municipal lockup shall not, in and of itself, render inadmissible evidence obtained as a result of the violation of this time limit. Minors under 18 years of age shall be kept separate from confined adults and may not at any time be kept in the same cell, room, or yard with adults confined pursuant to criminal law. Persons 18 years of age and older who have a petition of delinquency filed against them may be confined in an adult detention facility. In making a determination whether to confine a person 18 years of age or older who has a petition of delinquency filed against the person, these factors, among other matters, shall be considered:
|
|
(A) the age of the person;
(B) any previous delinquent or criminal history
|
|
(C) any previous abuse or neglect history of the
|
|
(D) any mental health or educational history of
|
|
(d)(i) If a minor 12 years of age or older is confined in a county jail
in a
county with a population below 3,000,000 inhabitants, then the minor's
confinement shall be implemented in such a manner that there will be no contact
by sight, sound, or otherwise between the minor and adult prisoners. Minors
12 years of age or older must be kept separate from confined adults and may not
at any time
be kept in the same cell, room, or yard with confined adults. This paragraph
(d)(i) shall only apply to confinement pending an adjudicatory hearing and
shall not exceed 40 hours, excluding Saturdays, Sundays, and court-designated
holidays. To accept or hold minors during this time period, county jails shall
comply with all monitoring standards adopted by the Department of
Corrections and training standards approved by the Illinois Law Enforcement
Training Standards Board.
(ii) To accept or hold minors, 12 years of age or older, after the time
period
prescribed in paragraph (d)(i) of this subsection (2) of this Section but not
exceeding 7 days including Saturdays, Sundays, and holidays pending an
adjudicatory hearing, county jails shall comply with all temporary detention
standards adopted by the Department of Corrections and training standards
approved by the Illinois Law Enforcement Training Standards Board.
(iii) To accept or hold minors 12 years of age or older, after the time
period prescribed in paragraphs (d)(i) and (d)(ii) of this subsection (2) of
this
Section, county jails shall comply with all county juvenile detention standards adopted by the Department of Juvenile Justice.
(e) When a minor who is at least 15 years of age is prosecuted under the
criminal laws of this State,
the court may enter an order directing that the juvenile be confined
in the county jail. However, any juvenile confined in the county jail under
this provision shall be separated from adults who are confined in the county
jail in such a manner that there will be no contact by sight, sound or
otherwise between the juvenile and adult prisoners.
(f) For purposes of appearing in a physical lineup, the minor may be taken
to a county jail or municipal lockup under the direct and constant supervision
of a juvenile police officer. During such time as is necessary to conduct a
lineup, and while supervised by a juvenile police officer, the sight and sound
separation provisions shall not apply.
(g) For purposes of processing a minor, the minor may be taken to a county jail or municipal lockup under the direct and constant supervision of a law
enforcement officer or correctional officer. During such time as is necessary
to process the minor, and while supervised by a law enforcement officer or
correctional officer, the sight and sound separation provisions shall not
apply.
(3) If the probation officer or State's Attorney (or such other public
officer designated by the court in a county having 3,000,000 or more
inhabitants) determines that the minor may be a delinquent minor as described
in subsection (3) of Section 5-105, and should be retained in custody but does
not require
physical restriction, the minor may be placed in non-secure custody for up to
40 hours pending a detention hearing.
(4) Any minor taken into temporary custody, not requiring secure
detention, may, however, be detained in the home of the minor's parent or
guardian subject to such conditions as the court may impose.
(5) The changes made to this Section by Public Act 98-61 apply to a minor who has been arrested or taken into custody on or after January 1, 2014 (the effective date of Public Act 98-61).
(Source: P.A. 103-22, eff. 8-8-23.)
|
(705 ILCS 405/5-501)
Sec. 5-501. Detention or shelter care hearing. At the appearance of the minor before the court at the detention or shelter
care hearing,
the court shall receive all relevant information and evidence, including
affidavits concerning the allegations made in the petition. Evidence used by
the court in its findings or stated in or offered in connection with this
Section may be by way of proffer based on reliable information offered by the
State or minor. All evidence shall be admissible if it is relevant and
reliable regardless of whether it would be admissible under the rules of
evidence applicable at a trial. No hearing may be held unless the minor is
represented by counsel and no hearing shall be held until the minor has had adequate opportunity to consult with counsel.
(1) If the court finds that there is not probable cause to believe that the
minor is a delinquent minor, it shall release the minor and dismiss the
petition.
(2) If the court finds that there is probable cause to believe that the
minor is a
delinquent minor, the minor, the
minor's parent, guardian, custodian and other
persons able to give relevant testimony may be examined before the court. The
court may also consider any evidence by way of proffer based upon reliable
information offered by the State or the minor. All evidence, including
affidavits, shall be admissible if it is relevant and reliable regardless of
whether it would be admissible under the rules of evidence applicable at trial.
After such evidence is presented, the court may enter an order that the minor
shall be released upon the request of a parent, guardian or legal custodian if
the parent, guardian or custodian appears to take custody.
If the court finds that it is a matter of immediate and urgent necessity for
the protection of the minor or of the person or property of another that the
minor be detained or placed in a
shelter care facility or that the minor is likely to flee the jurisdiction of
the court, the court may prescribe detention or shelter care and order that the
minor be kept in a suitable place designated by the court or in a shelter care
facility designated by the Department of Children and Family Services or a
licensed child welfare agency; otherwise it shall release the minor from
custody. If the court prescribes shelter care, then in placing the minor, the
Department or other agency shall, to the extent compatible with the court's
order, comply with Section 7 of the Children and Family Services Act. In
making the determination of the existence of immediate and urgent necessity,
the court shall consider among other matters: (a) the nature and seriousness of
the alleged offense; (b) the minor's record of delinquency offenses,
including whether the minor has delinquency cases pending; (c) the minor's
record of willful failure to appear following the issuance of a summons or
warrant; (d) the availability of non-custodial alternatives, including the
presence of a parent, guardian or other responsible relative able and willing
to provide supervision and care for the minor and to assure the
minor's
compliance with a summons. If the minor is ordered placed in a shelter care
facility of a licensed child welfare agency, the court shall, upon request of
the agency, appoint the appropriate agency executive temporary custodian of the
minor and the court may enter such other orders related to the temporary
custody of the minor as it deems fit and proper.
If the court prescribes detention, and the minor is a youth in care of the Department of Children and Family Services, a hearing shall be held every 14 days to determine whether there is an urgent and immediate necessity to detain the minor for the protection of the person or property of another. If urgent and immediate necessity is not found on the basis of the protection of the person or property of another, the minor shall be released to the custody of the Department of Children and Family Services. If the court prescribes detention based on the minor being likely to flee the jurisdiction, and the minor is a youth in care of the Department of Children and Family Services, a hearing shall be held every 7 days for status on the location of shelter care placement by the Department of Children and Family Services. Detention shall not be used as a shelter care placement for minors in the custody or guardianship of the Department of Children and Family Services. The order together with the court's findings of fact in support of the order
shall
be entered
of record in the court.
Once the court finds that it is a matter of immediate and urgent necessity
for the protection of the minor that the minor be placed in a shelter care
facility, the minor shall not be returned to the parent, custodian or guardian
until the court finds that the placement is no longer necessary for the
protection of the minor.
(3) Only when there is reasonable cause to believe that the minor taken
into custody is a delinquent minor may the minor be kept or detained in a
facility authorized for juvenile detention. This Section shall in no way be
construed to limit
subsection (4).
(4)(a) Minors 12 years of age or older must be kept separate from confined
adults and may not at any time be kept in the same cell, room or yard with
confined adults. This paragraph (4) shall only apply to confinement pending an adjudicatory hearing
and
shall not exceed 40 hours, excluding Saturdays, Sundays, and court designated
holidays. To accept or hold minors during this time period, county jails shall
comply with all monitoring standards adopted
by the Department of Corrections and training standards approved by the
Illinois Law Enforcement Training Standards Board.
(b) To accept or hold minors, 12 years of age or older, after the time
period prescribed in clause (a) of subsection (4) of this Section but not
exceeding 7
days including Saturdays, Sundays, and holidays, pending an adjudicatory
hearing, county jails shall comply with all temporary detention standards adopted
by
the Department of Corrections and training standards approved by the Illinois
Law Enforcement Training Standards Board.
(c) To accept or hold minors 12 years of age or older after the time
period prescribed in clause (a) and (b) of this subsection, county jails shall
comply with all county juvenile detention standards adopted by the Department of Juvenile Justice.
(5) If the minor is not brought before a judicial officer within the time
period as specified in Section 5-415, the minor must immediately be released
from
custody.
(6) If neither the parent, guardian, or legal custodian appears within 24
hours to take custody of a minor released from detention or shelter care, then
the clerk of the court shall set the matter for rehearing not later than 7 days
after the original order and shall issue a summons directed to the parent,
guardian, or legal custodian to appear. At the same time the probation
department shall prepare a report on the minor. If a parent, guardian, or legal
custodian does not appear at such rehearing, the judge may enter an order
prescribing that the minor be kept in a suitable place designated by the
Department of Human Services or a licensed child welfare agency.
The time during which a minor is in custody after being released upon the
request of a parent, guardian, or legal custodian shall be considered as time
spent in detention for purposes of scheduling the trial.
(7) Any party, including the State, the temporary custodian, an agency
providing services to the minor or family under a service plan pursuant to
Section 8.2 of the Abused and Neglected Child Reporting Act, foster parent, or
any of their representatives, may file a
motion to modify or vacate a temporary custody order or vacate a detention or
shelter care order on any of the following grounds:
(a) It is no longer a matter of immediate and urgent |
| necessity that the minor remain in detention or shelter care; or
|
|
(b) There is a material change in the circumstances
|
| of the natural family from which the minor was removed; or
|
|
(c) A person, including a parent, relative, or legal
|
| guardian, is capable of assuming temporary custody of the minor; or
|
|
(d) Services provided by the Department of Children
|
| and Family Services or a child welfare agency or other service provider have been successful in eliminating the need for temporary custody.
|
|
The clerk shall set the matter for hearing not later than 14 days after such
motion is filed. In the event that the court modifies or vacates a temporary
order but does not vacate its finding of probable cause, the court may order
that appropriate services be continued or initiated on behalf of the minor and the
minor's
family.
(8) Whenever a petition has been filed under Section 5-520, the court can,
at
any time prior to trial or sentencing, order that the minor be placed in
detention or a shelter care facility after the court conducts a hearing and
finds that the conduct and behavior of the minor may endanger the health,
person, welfare, or property of the
minor or others or that the circumstances
of the
minor's home environment may endanger the
minor's health, person, welfare,
or property.
(Source: P.A. 102-654, eff. 1-1-23; 102-813, eff. 5-13-22; 103-22, eff. 8-8-23.)
|
(705 ILCS 405/5-525) (Text of Section from P.A. 103-22) Sec. 5-525. Service. (1) Service by summons. (a) Upon the commencement of a delinquency |
| prosecution, the clerk of the court shall issue a summons with a copy of the petition attached. The summons shall be directed to the minor's parent, guardian or legal custodian and to each person named as a respondent in the petition, except that summons need not be directed (i) to a minor respondent under 8 years of age for whom the court appoints a guardian ad litem if the guardian ad litem appears on behalf of the minor in any proceeding under this Act, or (ii) to a parent who does not reside with the minor, does not make regular child support payments to the minor, to the minor's other parent, or to the minor's legal guardian or custodian pursuant to a support order, and has not communicated with the minor on a regular basis.
|
|
(b) The summons must contain a statement that the
|
| minor is entitled to have an attorney present at the hearing on the petition, and that the clerk of the court should be notified promptly if the minor desires to be represented by an attorney but is financially unable to employ counsel.
|
|
(c) The summons shall be issued under the seal of the
|
| court, attested in and signed with the name of the clerk of the court, dated on the day it is issued, and shall require each respondent to appear and answer the petition on the date set for the adjudicatory hearing.
|
|
(d) The summons may be served by any law enforcement
|
| officer, coroner or probation officer, even though the officer is the petitioner. The return of the summons with endorsement of service by the officer is sufficient proof of service.
|
|
(e) Service of a summons and petition shall be made
|
| by: (i) leaving a copy of the summons and petition with the person summoned at least 3 days before the time stated in the summons for appearance; (ii) leaving a copy at the summoned person's usual place of abode with some person of the family, of the age of 10 years or upwards, and informing that person of the contents of the summons and petition, provided, the officer or other person making service shall also send a copy of the summons in a sealed envelope with postage fully prepaid, addressed to the person summoned at the person's usual place of abode, at least 3 days before the time stated in the summons for appearance; or (iii) leaving a copy of the summons and petition with the guardian or custodian of a minor, at least 3 days before the time stated in the summons for appearance. If the guardian or legal custodian is an agency of the State of Illinois, proper service may be made by leaving a copy of the summons and petition with any administrative employee of the agency designated by the agency to accept the service of summons and petitions. The certificate of the officer or affidavit of the person that the officer or person has sent the copy pursuant to this Section is sufficient proof of service.
|
|
(f) When a parent or other person, who has signed a
|
| written promise to appear and bring the minor to court or who has waived or acknowledged service, fails to appear with the minor on the date set by the court, a bench warrant may be issued for the parent or other person, the minor, or both.
|
|
(2) Service by certified mail or publication.
(a) If service on individuals as provided in
|
| subsection (1) is not made on any respondent within a reasonable time or if it appears that any respondent resides outside the State, service may be made by certified mail. In that case the clerk shall mail the summons and a copy of the petition to that respondent by certified mail marked for delivery to addressee only. The court shall not proceed with the adjudicatory hearing until 5 days after the mailing. The regular return receipt for certified mail is sufficient proof of service.
|
|
(b) If service upon individuals as provided in
|
| subsection (1) is not made on any respondents within a reasonable time or if any person is made a respondent under the designation of "All Whom It May Concern", or if service cannot be made because the whereabouts of a respondent are unknown, service may be made by publication. The clerk of the court as soon as possible shall cause publication to be made once in a newspaper of general circulation in the county where the action is pending. Service by publication is not required in any case when the person alleged to have legal custody of the minor has been served with summons personally or by certified mail, but the court may not enter any order or judgment against any person who cannot be served with process other than by publication unless service by publication is given or unless that person appears. Failure to provide service by publication to a non-custodial parent whose whereabouts are unknown shall not deprive the court of jurisdiction to proceed with a trial or a plea of delinquency by the minor. When a minor has been detained or sheltered under Section 5-501 of this Act and summons has not been served personally or by certified mail within 20 days from the date of the order of court directing such detention or shelter care, the clerk of the court shall cause publication. Service by publication shall be substantially as follows:
|
|
"A, B, C, D, (here giving the names of the named
|
| respondents, if any) and to All Whom It May Concern (if there is any respondent under that designation):
|
|
Take notice that on (insert date) a petition was
|
| filed under the Juvenile Court Act of 1987 by .... in the circuit court of .... county entitled 'In the interest of ...., a minor', and that in .... courtroom at .... on (insert date) at the hour of ...., or as soon thereafter as this cause may be heard, an adjudicatory hearing will be held upon the petition to have the child declared to be a ward of the court under that Act. The court has authority in this proceeding to take from you the custody and guardianship of the minor.
|
|
Now, unless you appear at the hearing and show
|
| cause against the petition, the allegations of the petition may stand admitted as against you and each of you, and an order or judgment entered.
|
|
........................................
Clerk
Dated (insert the date of publication)"
(c) The clerk shall also at the time of the
|
| publication of the notice send a copy of the notice by mail to each of the respondents on account of whom publication is made at each respondent's last known address. The certificate of the clerk that the clerk has mailed the notice is evidence of that mailing. No other publication notice is required. Every respondent notified by publication under this Section must appear and answer in open court at the hearing. The court may not proceed with the adjudicatory hearing until 10 days after service by publication on any custodial parent, guardian or legal custodian of a minor alleged to be delinquent.
|
|
(d) If it becomes necessary to change the date set
|
| for the hearing in order to comply with this Section, notice of the resetting of the date must be given, by certified mail or other reasonable means, to each respondent who has been served with summons personally or by certified mail.
|
|
(3) Once jurisdiction has been established over a
|
| party, further service is not required and notice of any subsequent proceedings in that prosecution shall be made in accordance with provisions of Section 5-530.
|
|
(4) The appearance of the minor's parent, guardian or
|
| legal custodian, or a person named as a respondent in a petition, in any proceeding under this Act shall constitute a waiver of service and submission to the jurisdiction of the court. A copy of the petition shall be provided to the person at the time of the person's appearance.
|
|
(Source: P.A. 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-379)
Sec. 5-525. Service.
(1) Service by summons.
(a) Upon the commencement of a delinquency
|
| prosecution, the clerk of the court shall issue a summons with a copy of the petition attached. The summons shall be directed to the minor's parent, guardian or legal custodian and to each person named as a respondent in the petition, except that summons need not be directed (i) to a minor respondent under 8 years of age for whom the court appoints a guardian ad litem if the guardian ad litem appears on behalf of the minor in any proceeding under this Act, or (ii) to a parent who does not reside with the minor, does not make regular child support payments to the minor, to the minor's other parent, or to the minor's legal guardian or custodian pursuant to a support order, and has not communicated with the minor on a regular basis.
|
|
(b) The summons must contain a statement that the
|
| minor is entitled to have an attorney present at the hearing on the petition, and that the clerk of the court should be notified promptly if the minor desires to be represented by an attorney but is financially unable to employ counsel.
|
|
(c) The summons shall be issued under the seal of the
|
| court, attested in and signed with the name of the clerk of the court, dated on the day it is issued, and shall require each respondent to appear and answer the petition on the date set for the adjudicatory hearing.
|
|
(d) The summons may be served by any law enforcement
|
| officer, coroner or probation officer, even though the officer is the petitioner. The return of the summons with endorsement of service by the officer is sufficient proof of service.
|
|
(e) Service of a summons and petition shall be made
|
| by: (i) leaving a copy of the summons and petition with the person summoned at least 3 days before the time stated in the summons for appearance; (ii) leaving a copy at his or her usual place of abode with some person of the family, of the age of 10 years or upwards, and informing that person of the contents of the summons and petition, provided, the officer or other person making service shall also send a copy of the summons in a sealed envelope with postage fully prepaid, addressed to the person summoned at his or her usual place of abode, at least 3 days before the time stated in the summons for appearance; or (iii) leaving a copy of the summons and petition with the guardian or custodian of a minor, at least 3 days before the time stated in the summons for appearance. If the guardian or legal custodian is an agency of the State of Illinois, proper service may be made by leaving a copy of the summons and petition with any administrative employee of the agency designated by the agency to accept the service of summons and petitions. The certificate of the officer or affidavit of the person that he or she has sent the copy pursuant to this Section is sufficient proof of service.
|
|
(f) When a parent or other person, who has signed a
|
| written promise to appear and bring the minor to court or who has waived or acknowledged service, fails to appear with the minor on the date set by the court, a bench warrant may be issued for the parent or other person, the minor, or both.
|
|
(2) Service by certified mail or publication.
(a) If service on individuals as provided in
|
| subsection (1) is not made on any respondent within a reasonable time or if it appears that any respondent resides outside the State, service may be made by certified mail. In that case the clerk shall mail the summons and a copy of the petition to that respondent by certified mail marked for delivery to addressee only. The court shall not proceed with the adjudicatory hearing until 5 days after the mailing. The regular return receipt for certified mail is sufficient proof of service.
|
|
(b) If service upon individuals as provided in
|
| subsection (1) is not made on any respondents within a reasonable time or if any person is made a respondent under the designation of "All Whom It May Concern", or if service cannot be made because the whereabouts of a respondent are unknown, service may be made by publication. The clerk of the court as soon as possible shall cause publication to be made once in a newspaper of general circulation in the county where the action is pending. Service by publication is not required in any case when the person alleged to have legal custody of the minor has been served with summons personally or by certified mail, but the court may not enter any order or judgment against any person who cannot be served with process other than by publication unless service by publication is given or unless that person appears. Failure to provide service by publication to a non-custodial parent whose whereabouts are unknown shall not deprive the court of jurisdiction to proceed with a trial or a plea of delinquency by the minor. When a minor has been detained or sheltered under Section 5-501 of this Act and summons has not been served personally or by certified mail within 20 days from the date of the order of court directing such detention or shelter care, the clerk of the court shall cause publication. Service by publication shall be substantially as follows:
|
|
"A, B, C, D, (here giving the names of the named
|
| respondents, if any) and to All Whom It May Concern (if there is any respondent under that designation):
|
|
Take notice that on (insert date) a petition was
|
| filed under the Juvenile Court Act of 1987 by .... in the circuit court of .... county entitled 'In the interest of ...., a minor', and that in .... courtroom at .... on (insert date) at the hour of ...., or as soon thereafter as this cause may be heard, an adjudicatory hearing will be held upon the petition to have the child declared to be a ward of the court under that Act. The court has authority in this proceeding to take from you the custody and guardianship of the minor.
|
|
Now, unless you appear at the hearing and show
|
| cause against the petition, the allegations of the petition may stand admitted as against you and each of you, and an order or judgment entered.
|
|
........................................
Clerk
Dated (insert the date of publication)"
(c) The clerk shall also at the time of the
|
| publication of the notice send a copy of the notice by mail to each of the respondents on account of whom publication is made at his or her last known address. The certificate of the clerk that he or she has mailed the notice is evidence of that mailing. No other publication notice is required. Every respondent notified by publication under this Section must appear and answer in open court at the hearing. The court may not proceed with the adjudicatory hearing until 10 days after service by publication on any custodial parent, guardian or legal custodian of a minor alleged to be delinquent.
|
|
(d) If it becomes necessary to change the date set
|
| for the hearing in order to comply with this Section, notice of the resetting of the date must be given, by certified mail or other reasonable means, to each respondent who has been served with summons personally or by certified mail.
|
|
(3) Once jurisdiction has been established over a party, further service is not required and notice of any subsequent proceedings in that prosecution shall be made in accordance with provisions of Section 5-530.
(4) The appearance of the minor's parent, guardian or legal custodian, or a person named as a respondent in a petition, in any proceeding under this Act shall constitute a waiver of service and submission to the jurisdiction of the court. A copy of the petition shall be provided to the person at the time of his or her appearance.
(5) Fines or assessments, such as fees or administrative costs in the service of process, shall not be ordered or imposed on a minor or a minor's parent, guardian, or legal custodian.
(Source: P.A. 103-379, eff. 7-28-23.)
|
(705 ILCS 405/5-530)
Sec. 5-530. Notice.
(1) A party presenting a supplemental or amended petition or motion to the
court shall provide the other parties with a copy of any supplemental or
amended petition, motion or accompanying affidavit not yet served upon that
party, and shall file proof of that service, in accordance with subsections
(2), (3),
and (4) of this Section. Written notice of the date, time and place of the
hearing,
shall be provided to all parties in accordance with local court rules.
(2)(a) On whom made. If a party is represented by an attorney of record,
service shall be made upon the attorney. Otherwise service shall be made upon
the party.
(b) Method. Papers shall be served as follows:
(1) by delivering them to the attorney or party |
|
(2) by leaving them in the office of the attorney
|
| with the attorney's clerk, or with a person in charge of the office; or if a party is not represented by counsel, by leaving them at the party's residence with a family member of the age of 10 years or upwards;
|
|
(3) by depositing them in the United States post
|
| office or post-office box enclosed in an envelope, plainly addressed to the attorney at the attorney's business address, or to the party at the party's business address or residence, with postage fully pre-paid; or
|
|
(4) by transmitting them via facsimile machine to the
|
| office of the attorney or party, who has consented to receiving service by facsimile transmission. Briefs filed in reviewing courts shall be served in accordance with Supreme Court Rule.
|
|
(i) A party or attorney electing to serve
|
| pleading by facsimile must include on the certificate of service transmitted the telephone number of the sender's facsimile transmitting device. Use of service by facsimile shall be deemed consent by that party or attorney to receive service by facsimile transmission. Any party may rescind consent of service by facsimile transmission in a case by filing with the court and serving a notice on all parties or their attorneys who have filed appearances that facsimile service will not be accepted. A party or attorney who has rescinded consent to service by facsimile transmission in a case may not serve another party or attorney by facsimile transmission in that case.
|
|
(ii) Each page of notices and documents
|
| transmitted by facsimile pursuant to this rule should bear the circuit court number, the title of the document, and the page number.
|
|
(c) Multiple parties or attorneys. In cases in which there are 2 or
more
minor-respondents who appear by different attorneys, service on all papers
shall be made on the attorney for each of the parties. If one attorney appears
for several parties, the attorney is entitled to only one copy of any paper served
upon the attorney
by the opposite side. When more than one attorney appears for a
party,
service of a copy upon one of them is sufficient.
(3)(a) Filing. When service of a paper is required, proof of service shall
be
filed with the clerk.
(b) Manner of Proof. Service is proved:
(i) by written acknowledgment signed by the person
|
|
(ii) in case of service by personal delivery, by
|
| certificate of the attorney, or affidavit of a person, other than an attorney, who made delivery;
|
|
(iii) in case of service by mail, by certificate of
|
| the attorney, or affidavit of a person other than the attorney, who deposited the paper in the mail, stating the time and place of mailing, the complete address which appeared on the envelope, and the fact that proper postage was pre-paid; or
|
|
(iv) in case of service by facsimile transmission, by
|
| certificate of the attorney or affidavit of a person other than the attorney, who transmitted the paper via facsimile machine, stating the time and place of transmission, the telephone number to which the transmission was sent and the number of pages transmitted.
|
|
(c) Effective date of service by mail. Service by mail is complete 4
days
after mailing.
(d) Effective date of service by facsimile transmission. Service by
facsimile
machine is complete on the first court day following transmission.
(Source: P.A. 103-22, eff. 8-8-23.)
|
(705 ILCS 405/5-605)
Sec. 5-605.
Trials, pleas, guilty but mentally ill and not guilty by
reason of insanity.
(1) Method of trial. All delinquency proceedings shall be heard by the
court except those proceedings under this Act where the right to trial by jury
is specifically set forth. At any time a minor may waive the minor's right to
trial by jury.
(2) Pleas of guilty and guilty but mentally ill.
(a) Before or during trial, a plea of guilty may be |
| accepted when the court has informed the minor of the consequences of the minor's plea and of the maximum penalty provided by law which may be imposed upon acceptance of the plea. Upon acceptance of a plea of guilty, the court shall determine the factual basis of a plea.
|
|
(b) Before or during trial, a plea of guilty but
|
| mentally ill may be accepted by the court when:
|
|
(i) the minor has undergone an examination by a
|
| clinical psychologist or psychiatrist and has waived the minor's right to trial; and
|
|
(ii) the judge has examined the psychiatric or
|
| psychological report or reports; and
|
|
(iii) the judge has held a hearing, at which
|
| either party may present evidence, on the issue of the minor's mental health and, at the conclusion of the hearing, is satisfied that there is a factual basis that the minor was mentally ill at the time of the offense to which the plea is entered.
|
|
(3) Trial by the court.
(a) A trial shall be conducted in the presence of the
|
| minor unless the minor waives the right to be present. At the trial, the court shall consider the question whether the minor is delinquent. The standard of proof and the rules of evidence in the nature of criminal proceedings in this State are applicable to that consideration.
|
|
(b) Upon conclusion of the trial the court shall
|
| enter a general finding, except that, when the affirmative defense of insanity has been presented during the trial and acquittal is based solely upon the defense of insanity, the court shall enter a finding of not guilty by reason of insanity. In the event of a finding of not guilty by reason of insanity, a hearing shall be held pursuant to the Mental Health and Developmental Disabilities Code to determine whether the minor is subject to involuntary admission.
|
|
(c) When the minor has asserted a defense of
|
| insanity, the court may find the minor guilty but mentally ill if, after hearing all of the evidence, the court finds that:
|
|
(i) the State has proven beyond a reasonable
|
| doubt that the minor is guilty of the offense charged; and
|
|
(ii) the minor has failed to prove the minor's
|
| insanity as required in subsection (b) of Section 3-2 of the Criminal Code of 2012, and subsections (a), (b) and (e) of Section 6-2 of the Criminal Code of 2012; and
|
|
(iii) the minor has proven by a preponderance of
|
| the evidence that the minor was mentally ill, as defined in subsections (c) and (d) of Section 6-2 of the Criminal Code of 2012 at the time of the offense.
|
|
(4) Trial by court and jury.
(a) Questions of law shall be decided by the court
|
| and questions of fact by the jury.
|
|
(b) The jury shall consist of 12 members.
(c) Upon request the parties shall be furnished with
|
| a list of prospective jurors with their addresses if known.
|
|
(d) Each party may challenge jurors for cause. If a
|
| prospective juror has a physical impairment, the court shall consider the prospective juror's ability to perceive and appreciate the evidence when considering a challenge for cause.
|
|
(e) A minor tried alone shall be allowed 7 peremptory
|
| challenges; except that, in a single trial of more than one minor, each minor shall be allowed 5 peremptory challenges. If several charges against a minor or minors are consolidated for trial, each minor shall be allowed peremptory challenges upon one charge only, which single charge shall be the charge against that minor authorizing the greatest maximum penalty. The State shall be allowed the same number of peremptory challenges as all of the minors.
|
|
(f) After examination by the court, the jurors may be
|
| examined, passed upon, accepted and tendered by opposing counsel as provided by Supreme Court Rules.
|
|
(g) After the jury is impaneled and sworn, the court
|
| may direct the selection of 2 alternate jurors who shall take the same oath as the regular jurors. Each party shall have one additional peremptory challenge for each alternate juror. If before the final submission of a cause a member of the jury dies or is discharged, the member shall be replaced by an alternate juror in the order of selection.
|
|
(h) A trial by the court and jury shall be conducted
|
| in the presence of the minor unless the minor waives the right to be present.
|
|
(i) After arguments of counsel the court shall
|
| instruct the jury as to the law.
|
|
(j) Unless the affirmative defense of insanity has
|
| been presented during the trial, the jury shall return a general verdict as to each offense charged. When the affirmative defense of insanity has been presented during the trial, the court shall provide the jury not only with general verdict forms but also with a special verdict form of not guilty by reason of insanity, as to each offense charged, and in the event the court shall separately instruct the jury that a special verdict of not guilty by reason of insanity may be returned instead of a general verdict but the special verdict requires a unanimous finding by the jury that the minor committed the acts charged but at the time of the commission of those acts the minor was insane. In the event of a verdict of not guilty by reason of insanity, a hearing shall be held pursuant to the Mental Health and Developmental Disabilities Code to determine whether the minor is subject to involuntary admission. When the affirmative defense of insanity has been presented during the trial, the court, where warranted by the evidence, shall also provide the jury with a special verdict form of guilty but mentally ill, as to each offense charged and shall separately instruct the jury that a special verdict of guilty but mentally ill may be returned instead of a general verdict, but that the special verdict requires a unanimous finding by the jury that: (i) the State has proven beyond a reasonable doubt that the minor is guilty of the offense charged; and (ii) the minor has failed to prove the minor's insanity as required in subsection (b) of Section 3-2 of the Criminal Code of 2012 and subsections (a), (b) and (e) of Section 6-2 of the Criminal Code of 2012; and (iii) the minor has proven by a preponderance of the evidence that the minor was mentally ill, as defined in subsections (c) and (d) of Section 6-2 of the Criminal Code of 2012 at the time of the offense.
|
|
(k) When, at the close of the State's evidence or at
|
| the close of all of the evidence, the evidence is insufficient to support a finding or verdict of guilty the court may and on motion of the minor shall make a finding or direct the jury to return a verdict of not guilty, enter a judgment of acquittal and discharge the minor.
|
|
(l) When the jury retires to consider its verdict, an
|
| officer of the court shall be appointed to keep them together and to prevent conversation between the jurors and others; however, if any juror is deaf, the jury may be accompanied by and may communicate with a court-appointed interpreter during its deliberations. Upon agreement between the State and minor or the minor's counsel, and the parties waive polling of the jury, the jury may seal and deliver its verdict to the clerk of the court, separate, and then return the verdict in open court at its next session.
|
|
(m) In a trial, any juror who is a member of a panel
|
| or jury which has been impaneled and sworn as a panel or as a jury shall be permitted to separate from other jurors during every period of adjournment to a later day, until final submission of the cause to the jury for determination, except that no such separation shall be permitted in any trial after the court, upon motion by the minor or the State or upon its own motion, finds a probability that prejudice to the minor or to the State will result from the separation.
|
|
(n) The members of the jury shall be entitled to take
|
| notes during the trial, and the sheriff of the county in which the jury is sitting shall provide them with writing materials for this purpose. The notes shall remain confidential, and shall be destroyed by the sheriff after the verdict has been returned or a mistrial declared.
|
|
(o) A minor tried by the court and jury shall only be
|
| found guilty, guilty but mentally ill, not guilty or not guilty by reason of insanity, upon the unanimous verdict of the jury.
|
|
(Source: P.A. 103-22, eff. 8-8-23.)
|
(705 ILCS 405/5-615)
(Text of Section from P.A. 103-22)
Sec. 5-615. Continuance under supervision.
(1) The court may enter an order of continuance under supervision for an
offense other than first degree murder, a Class X felony or a forcible felony: (a) upon an admission or stipulation by the |
| appropriate respondent or minor respondent of the facts supporting the petition and before the court makes a finding of delinquency, and in the absence of objection made in open court by the minor, the minor's parent, guardian, or legal custodian, the minor's attorney or the State's Attorney; or
|
|
(b) upon a finding of delinquency and after
|
| considering the circumstances of the offense and the history, character, and condition of the minor, if the court is of the opinion that:
|
|
(i) the minor is not likely to commit further
|
|
(ii) the minor and the public would be best
|
| served if the minor were not to receive a criminal record; and
|
|
(iii) in the best interests of justice an order
|
| of continuance under supervision is more appropriate than a sentence otherwise permitted under this Act.
|
|
(2) (Blank).
(3) Nothing in this Section limits the power of the court to order a
continuance of the hearing for the production of additional evidence or for any
other proper reason.
(4) When a hearing where a minor is alleged to be a delinquent is
continued
pursuant to this Section, the period of continuance under supervision may not
exceed 24 months. The court may terminate a continuance under supervision at
any time if warranted by the conduct of the minor and the ends of justice or vacate the finding of delinquency or both.
(5) When a hearing where a minor is alleged to be delinquent is continued
pursuant to this Section, the court may, as conditions of the continuance under
supervision, require the minor to do any of the following:
(a) not violate any criminal statute of any
|
|
(b) make a report to and appear in person before any
|
| person or agency as directed by the court;
|
|
(c) work or pursue a course of study or vocational
|
|
(d) undergo medical or psychotherapeutic treatment
|
| rendered by a therapist licensed under the provisions of the Medical Practice Act of 1987, the Clinical Psychologist Licensing Act, or the Clinical Social Work and Social Work Practice Act, or an entity licensed by the Department of Human Services as a successor to the Department of Alcoholism and Substance Abuse, for the provision of substance use disorder services as defined in Section 1-10 of the Substance Use Disorder Act;
|
|
(e) attend or reside in a facility established for
|
| the instruction or residence of persons on probation;
|
|
(f) support the minor's dependents, if any;
(g) pay costs;
(h) refrain from possessing a firearm or other
|
| dangerous weapon, or an automobile;
|
|
(i) permit the probation officer to visit the minor
|
| at the minor's home or elsewhere;
|
|
(j) reside with the minor's parents or in a foster
|
|
(k) attend school;
(k-5) with the consent of the superintendent of the
|
| facility, attend an educational program at a facility other than the school in which the offense was committed if the minor committed a crime of violence as defined in Section 2 of the Crime Victims Compensation Act in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
|
|
(l) attend a non-residential program for youth;
(m) contribute to the minor's own support at home or
|
|
(n) perform some reasonable public or community
|
|
(o) make restitution to the victim, in the same
|
| manner and under the same conditions as provided in subsection (4) of Section 5-710, except that the "sentencing hearing" referred to in that Section shall be the adjudicatory hearing for purposes of this Section;
|
|
(p) comply with curfew requirements as designated by
|
|
(q) refrain from entering into a designated
|
| geographic area except upon terms as the court finds appropriate. The terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the minor, and advance approval by a probation officer;
|
|
(r) refrain from having any contact, directly or
|
| indirectly, with certain specified persons or particular types of persons, including but not limited to members of street gangs and drug users or dealers;
|
|
(r-5) undergo a medical or other procedure to have a
|
| tattoo symbolizing allegiance to a street gang removed from the minor's body;
|
|
(s) refrain from having in the minor's body the
|
| presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of the minor's blood or urine or both for tests to determine the presence of any illicit drug; or
|
|
(t) comply with any other conditions as may be
|
|
(6) A minor whose case is continued under supervision under subsection (5)
shall be given a certificate setting forth the conditions imposed by the court.
Those conditions may be reduced, enlarged, or modified by the court on motion
of the probation officer or on its own motion, or that of the State's Attorney,
or, at the request of the minor after notice and hearing.
(7) If a petition is filed charging a violation of a condition of the
continuance under supervision, the court shall conduct a hearing. If the court
finds that a condition of supervision has not been fulfilled, the court may
proceed to findings, adjudication, and disposition or adjudication and disposition. The filing of a petition
for violation of a condition of the continuance under supervision shall toll
the period of continuance under supervision until the final determination of
the charge, and the term of the continuance under supervision shall not run
until the hearing and disposition of the petition for violation; provided
where the petition alleges conduct that does not constitute a criminal offense,
the hearing must be held within 30 days of the filing of the petition unless a
delay shall continue the tolling of the period of continuance under supervision
for the period of
the delay.
(8) When a hearing in which a minor is alleged to be a delinquent for
reasons that include a violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012
is continued under this Section, the court shall, as a condition of the
continuance under supervision, require the minor to perform community service
for not less than 30 and not more than 120 hours, if community service is
available in the jurisdiction. The community service shall include, but need
not be limited to, the cleanup and repair of the damage that was caused by the
alleged violation or similar damage to property located in the municipality or
county in which the alleged violation occurred. The condition may be in
addition to any other condition.
(8.5) When a hearing in which a minor is alleged to be a delinquent for
reasons
that include a violation of Section 3.02 or Section 3.03 of the Humane Care for
Animals Act or paragraph (d) of subsection (1)
of Section
21-1 of the Criminal Code of 1961 or paragraph (4) of subsection (a) of Section 21-1 or the Criminal Code of 2012 is continued under this Section, the court
shall, as a
condition of the continuance under supervision, require the minor to undergo
medical or
psychiatric treatment rendered by a psychiatrist or psychological treatment
rendered by a
clinical psychologist. The condition may be in addition to any other
condition.
(9) When a hearing in which a minor is alleged to be a delinquent is
continued under this Section, the court, before continuing the case, shall make
a finding whether the offense alleged to have been committed either: (i) was
related to or in furtherance of the activities of an organized gang or was
motivated by the minor's membership in or allegiance to an organized gang, or
(ii) is a violation of paragraph (13) of subsection (a) of Section 12-2 or paragraph (2) of subsection (c) of Section 12-2 of the
Criminal Code of 1961 or the Criminal Code of 2012, a violation of any Section of Article 24 of the
Criminal Code of 1961 or the Criminal Code of 2012, or a violation of any statute that involved the unlawful
use of a firearm. If the court determines the question in the affirmative the
court shall, as a condition of the continuance under supervision and as part of
or in addition to any other condition of the supervision,
require the minor to perform community service for not less than 30 hours,
provided that community service is available in the
jurisdiction and is funded and approved by the county board of the county where
the offense was committed. The community service shall include, but need not
be limited to, the cleanup and repair of any damage caused by an alleged
violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012 and similar damage to
property located in the municipality or county in which the alleged violation
occurred. When possible and reasonable, the community service shall be
performed in the minor's neighborhood. For the purposes of this Section,
"organized gang" has the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(10) The court shall impose upon a minor placed on supervision, as a
condition of the supervision, a fee of $50 for each month of supervision
ordered by the court, unless after determining the inability of the minor
placed on supervision to pay the fee, the court assesses a lesser amount. The
court may not impose the fee on a minor who is placed in the guardianship or custody of the Department of Children and Family Services under
this Act while the minor is in placement. The fee shall be imposed only upon a
minor who is actively supervised by the probation and court services
department. A court may order the parent, guardian, or legal custodian of the
minor to pay some or all of the fee on the minor's behalf.
(11) (Blank).
(Source: P.A. 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-379)
Sec. 5-615. Continuance under supervision.
(1) The court may enter an order of continuance under supervision for an
offense other than first degree murder, a Class X felony or a forcible felony:
(a) upon an admission or stipulation by the
|
| appropriate respondent or minor respondent of the facts supporting the petition and before the court makes a finding of delinquency, and in the absence of objection made in open court by the minor, his or her parent, guardian, or legal custodian, the minor's attorney or the State's Attorney; or
|
|
(b) upon a finding of delinquency and after
|
| considering the circumstances of the offense and the history, character, and condition of the minor, if the court is of the opinion that:
|
|
(i) the minor is not likely to commit further
|
|
(ii) the minor and the public would be best
|
| served if the minor were not to receive a criminal record; and
|
|
(iii) in the best interests of justice an order
|
| of continuance under supervision is more appropriate than a sentence otherwise permitted under this Act.
|
|
(2) (Blank).
(3) Nothing in this Section limits the power of the court to order a
continuance of the hearing for the production of additional evidence or for any
other proper reason.
(4) When a hearing where a minor is alleged to be a delinquent is
continued
pursuant to this Section, the period of continuance under supervision may not
exceed 24 months. The court may terminate a continuance under supervision at
any time if warranted by the conduct of the minor and the ends of justice or vacate the finding of delinquency or both.
(5) When a hearing where a minor is alleged to be delinquent is continued
pursuant to this Section, the court may, as conditions of the continuance under
supervision, require the minor to do any of the following:
(a) not violate any criminal statute of any
|
|
(b) make a report to and appear in person before any
|
| person or agency as directed by the court;
|
|
(c) work or pursue a course of study or vocational
|
|
(d) undergo medical or psychotherapeutic treatment
|
| rendered by a therapist licensed under the provisions of the Medical Practice Act of 1987, the Clinical Psychologist Licensing Act, or the Clinical Social Work and Social Work Practice Act, or an entity licensed by the Department of Human Services as a successor to the Department of Alcoholism and Substance Abuse, for the provision of substance use disorder services as defined in Section 1-10 of the Substance Use Disorder Act;
|
|
(e) attend or reside in a facility established for
|
| the instruction or residence of persons on probation;
|
|
(f) support his or her dependents, if any;
(g) (blank);
(h) refrain from possessing a firearm or other
|
| dangerous weapon, or an automobile;
|
|
(i) permit the probation officer to visit him or her
|
| at his or her home or elsewhere;
|
|
(j) reside with his or her parents or in a foster
|
|
(k) attend school;
(k-5) with the consent of the superintendent of the
|
| facility, attend an educational program at a facility other than the school in which the offense was committed if he or she committed a crime of violence as defined in Section 2 of the Crime Victims Compensation Act in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
|
|
(l) attend a non-residential program for youth;
(m) provide nonfinancial contributions to his or her
|
| own support at home or in a foster home;
|
|
(n) perform some reasonable public or community
|
| service that does not interfere with school hours, school-related activities, or work commitments of the minor or the minor's parent, guardian, or legal custodian;
|
|
(o) make restitution to the victim, in the same
|
| manner and under the same conditions as provided in subsection (4) of Section 5-710, except that the "sentencing hearing" referred to in that Section shall be the adjudicatory hearing for purposes of this Section;
|
|
(p) comply with curfew requirements as designated by
|
|
(q) refrain from entering into a designated
|
| geographic area except upon terms as the court finds appropriate. The terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the minor, and advance approval by a probation officer;
|
|
(r) refrain from having any contact, directly or
|
| indirectly, with certain specified persons or particular types of persons, including but not limited to members of street gangs and drug users or dealers;
|
|
(r-5) undergo a medical or other procedure to have a
|
| tattoo symbolizing allegiance to a street gang removed from his or her body;
|
|
(s) refrain from having in his or her body the
|
| presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug; or
|
|
(t) comply with any other conditions as may be
|
|
(6) A minor whose case is continued under supervision under subsection (5)
shall be given a certificate setting forth the conditions imposed by the court.
Those conditions may be reduced, enlarged, or modified by the court on motion
of the probation officer or on its own motion, or that of the State's Attorney,
or, at the request of the minor after notice and hearing.
(7) If a petition is filed charging a violation of a condition of the
continuance under supervision, the court shall conduct a hearing. If the court
finds that a condition of supervision has not been fulfilled, the court may
proceed to findings, adjudication, and disposition or adjudication and disposition. The filing of a petition
for violation of a condition of the continuance under supervision shall toll
the period of continuance under supervision until the final determination of
the charge, and the term of the continuance under supervision shall not run
until the hearing and disposition of the petition for violation; provided
where the petition alleges conduct that does not constitute a criminal offense,
the hearing must be held within 30 days of the filing of the petition unless a
delay shall continue the tolling of the period of continuance under supervision
for the period of
the delay.
(8) When a hearing in which a minor is alleged to be a delinquent for
reasons that include a violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012
is continued under this Section, the court shall, as a condition of the
continuance under supervision, require the minor to perform community service
for not less than 30 and not more than 120 hours, if community service is
available in the jurisdiction. The community service shall include, but need
not be limited to, the cleanup and repair of the damage that was caused by the
alleged violation or similar damage to property located in the municipality or
county in which the alleged violation occurred. The condition may be in
addition to any other condition. Community service shall not interfere with the school hours, school-related activities, or work commitments of the minor or the minor's parent, guardian, or legal custodian.
(8.5) When a hearing in which a minor is alleged to be a delinquent for
reasons
that include a violation of Section 3.02 or Section 3.03 of the Humane Care for
Animals Act or paragraph (d) of subsection (1)
of Section
21-1 of the Criminal Code of 1961 or paragraph (4) of subsection (a) of Section 21-1 or the Criminal Code of 2012 is continued under this Section, the court
shall, as a
condition of the continuance under supervision, require the minor to undergo
medical or
psychiatric treatment rendered by a psychiatrist or psychological treatment
rendered by a
clinical psychologist. The condition may be in addition to any other
condition.
(9) When a hearing in which a minor is alleged to be a delinquent is
continued under this Section, the court, before continuing the case, shall make
a finding whether the offense alleged to have been committed either: (i) was
related to or in furtherance of the activities of an organized gang or was
motivated by the minor's membership in or allegiance to an organized gang, or
(ii) is a violation of paragraph (13) of subsection (a) of Section 12-2 or paragraph (2) of subsection (c) of Section 12-2 of the
Criminal Code of 1961 or the Criminal Code of 2012, a violation of any Section of Article 24 of the
Criminal Code of 1961 or the Criminal Code of 2012, or a violation of any statute that involved the unlawful
use of a firearm. If the court determines the question in the affirmative the
court shall, as a condition of the continuance under supervision and as part of
or in addition to any other condition of the supervision,
require the minor to perform community service for not less than 30 hours,
provided that community service is available in the
jurisdiction and is funded and approved by the county board of the county where
the offense was committed. The community service shall include, but need not
be limited to, the cleanup and repair of any damage caused by an alleged
violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012 and similar damage to
property located in the municipality or county in which the alleged violation
occurred. When possible and reasonable, the community service shall be
performed in the minor's neighborhood. For the purposes of this Section,
"organized gang" has the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act. Community service shall not interfere with the school hours, school-related activities, or work commitments of the minor or the minor's parent, guardian, or legal custodian.
(10) (Blank).
(11) (Blank).
(12) Fines and assessments, including any fee or administrative cost authorized under Section 5-4.5-105, 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the Unified Code of Corrections, shall not be ordered or imposed on a minor or the minor's parent, guardian, or legal custodian as a condition of continuance under supervision. If the minor or the minor's parent, guardian, or legal custodian is unable to cover the cost of a condition under this subsection, the court shall not preclude the minor from receiving continuance under supervision based on the inability to pay. Inability to pay shall not be grounds to object to the minor's placement on a continuance under supervision.
(Source: P.A. 103-379, eff. 7-28-23.)
|
(705 ILCS 405/5-710)
(Text of Section from P.A. 103-22) Sec. 5-710. Kinds of sentencing orders.
(1) The following kinds of sentencing orders may be made in respect of
wards of the court:
(a) Except as provided in Sections 5-805, 5-810, and |
| 5-815, a minor who is found guilty under Section 5-620 may be:
|
|
(i) put on probation or conditional discharge and
|
| released to the minor's parents, guardian or legal custodian, provided, however, that any such minor who is not committed to the Department of Juvenile Justice under this subsection and who is found to be a delinquent for an offense which is first degree murder, a Class X felony, or a forcible felony shall be placed on probation;
|
|
(ii) placed in accordance with Section 5-740,
|
| with or without also being put on probation or conditional discharge;
|
|
(iii) required to undergo a substance abuse
|
| assessment conducted by a licensed provider and participate in the indicated clinical level of care;
|
|
(iv) on and after January 1, 2015 (the effective
|
| date of Public Act 98-803) and before January 1, 2017, placed in the guardianship of the Department of Children and Family Services, but only if the delinquent minor is under 16 years of age or, pursuant to Article II of this Act, a minor under the age of 18 for whom an independent basis of abuse, neglect, or dependency exists. On and after January 1, 2017, placed in the guardianship of the Department of Children and Family Services, but only if the delinquent minor is under 15 years of age or, pursuant to Article II of this Act, a minor for whom an independent basis of abuse, neglect, or dependency exists. An independent basis exists when the allegations or adjudication of abuse, neglect, or dependency do not arise from the same facts, incident, or circumstances which give rise to a charge or adjudication of delinquency;
|
|
(v) placed in detention for a period not to
|
| exceed 30 days, either as the exclusive order of disposition or, where appropriate, in conjunction with any other order of disposition issued under this paragraph, provided that any such detention shall be in a juvenile detention home and the minor so detained shall be 10 years of age or older. However, the 30-day limitation may be extended by further order of the court for a minor under age 15 committed to the Department of Children and Family Services if the court finds that the minor is a danger to the minor or others. The minor shall be given credit on the sentencing order of detention for time spent in detention under Sections 5-501, 5-601, 5-710, or 5-720 of this Article as a result of the offense for which the sentencing order was imposed. The court may grant credit on a sentencing order of detention entered under a violation of probation or violation of conditional discharge under Section 5-720 of this Article for time spent in detention before the filing of the petition alleging the violation. A minor shall not be deprived of credit for time spent in detention before the filing of a violation of probation or conditional discharge alleging the same or related act or acts. The limitation that the minor shall only be placed in a juvenile detention home does not apply as follows:
|
|
Persons 18 years of age and older who have a
|
| petition of delinquency filed against them may be confined in an adult detention facility. In making a determination whether to confine a person 18 years of age or older who has a petition of delinquency filed against the person, these factors, among other matters, shall be considered:
|
|
(A) the age of the person;
(B) any previous delinquent or criminal
|
|
(C) any previous abuse or neglect history of
|
|
(D) any mental health history of the person;
|
|
(E) any educational history of the person;
(vi) ordered partially or completely emancipated
|
| in accordance with the provisions of the Emancipation of Minors Act;
|
|
(vii) subject to having the minor's driver's
|
| license or driving privileges suspended for such time as determined by the court but only until the minor attains 18 years of age;
|
|
(viii) put on probation or conditional discharge
|
| and placed in detention under Section 3-6039 of the Counties Code for a period not to exceed the period of incarceration permitted by law for adults found guilty of the same offense or offenses for which the minor was adjudicated delinquent, and in any event no longer than upon attainment of age 21; this subdivision (viii) notwithstanding any contrary provision of the law;
|
|
(ix) ordered to undergo a medical or other
|
| procedure to have a tattoo symbolizing allegiance to a street gang removed from the minor's body; or
|
|
(x) placed in electronic monitoring or home
|
| detention under Part 7A of this Article.
|
|
(b) A minor found to be guilty may be committed to
|
| the Department of Juvenile Justice under Section 5-750 if the minor is at least 13 years and under 20 years of age, provided that the commitment to the Department of Juvenile Justice shall be made only if the minor was found guilty of a felony offense or first degree murder. The court shall include in the sentencing order any pre-custody credits the minor is entitled to under Section 5-4.5-100 of the Unified Code of Corrections. The time during which a minor is in custody before being released upon the request of a parent, guardian or legal custodian shall also be considered as time spent in custody.
|
|
(c) When a minor is found to be guilty for an offense
|
| which is a violation of the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act and made a ward of the court, the court may enter a disposition order requiring the minor to undergo assessment, counseling or treatment in a substance use disorder treatment program approved by the Department of Human Services.
|
|
(2) Any sentencing order other than commitment to the Department of
Juvenile Justice may provide for protective supervision under
Section 5-725 and may include an order of protection under Section 5-730.
(3) Unless the sentencing order expressly so provides, it does not operate
to close proceedings on the pending petition, but is subject to modification
until final closing and discharge of the proceedings under Section 5-750.
(4) In addition to any other sentence, the court may order any
minor
found to be delinquent to make restitution, in monetary or non-monetary form,
under the terms and conditions of Section 5-5-6 of the Unified Code of
Corrections, except that the "presentencing hearing" referred to in that
Section
shall be
the sentencing hearing for purposes of this Section. The parent, guardian or
legal custodian of the minor may be ordered by the court to pay some or all of
the restitution on the minor's behalf, pursuant to the Parental Responsibility
Law. The State's Attorney is authorized to act
on behalf of any victim in seeking restitution in proceedings under this
Section, up to the maximum amount allowed in Section 5 of the Parental
Responsibility Law.
(5) Any sentencing order where the minor is committed or placed in
accordance
with Section 5-740 shall provide for the parents or guardian of the estate of
the minor to pay to the legal custodian or guardian of the person of the minor
such sums as are determined by the custodian or guardian of the person of the
minor as necessary for the minor's needs. The payments may not exceed the
maximum amounts provided for by Section 9.1 of the Children and Family Services
Act.
(6) Whenever the sentencing order requires the minor to attend school or
participate in a program of training, the truant officer or designated school
official shall regularly report to the court if the minor is a chronic or
habitual truant under Section 26-2a of the School Code. Notwithstanding any other provision of this Act, in instances in which educational services are to be provided to a minor in a residential facility where the minor has been placed by the court, costs incurred in the provision of those educational services must be allocated based on the requirements of the School Code.
(7) In no event shall a guilty minor be committed to the Department of
Juvenile Justice for a period of time in
excess of
that period for which an adult could be committed for the same act. The court shall include in the sentencing order a limitation on the period of confinement not to exceed the maximum period of imprisonment the court could impose under Chapter V of the Unified Code of Corrections.
(7.5) In no event shall a guilty minor be committed to the Department of Juvenile Justice or placed in detention when the act for which the minor was adjudicated delinquent would not be illegal if committed by an adult.
(7.6) In no event shall a guilty minor be committed to the Department of Juvenile Justice for an offense which is a Class 4 felony under Section 19-4 (criminal trespass to a residence), 21-1 (criminal damage to property), 21-1.01 (criminal damage to government supported property), 21-1.3 (criminal defacement of property), 26-1 (disorderly conduct), or 31-4 (obstructing justice) of the Criminal Code of 2012.
(7.75) In no event shall a guilty minor be committed to the Department of Juvenile Justice for an offense that is a Class 3 or Class 4 felony violation of the Illinois Controlled Substances Act unless the commitment occurs upon a third or subsequent judicial finding of a violation of probation for substantial noncompliance with court-ordered treatment or programming.
(8) A minor found to be guilty for reasons that include a violation of
Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012 shall be ordered to perform
community service for not less than 30 and not more than 120 hours, if
community service is available in the jurisdiction. The community service
shall include, but need not be limited to, the cleanup and repair of the damage
that was caused by the violation or similar damage to property located in the
municipality or county in which the violation occurred. The order may be in
addition to any other order authorized by this Section.
(8.5) A minor found to be guilty for reasons that include a violation of
Section
3.02 or Section 3.03 of the Humane Care for Animals Act or paragraph (d) of
subsection (1) of
Section 21-1 of
the Criminal Code
of
1961 or paragraph (4) of subsection (a) of Section 21-1 of the Criminal Code of 2012 shall be ordered to undergo medical or psychiatric treatment rendered by
a
psychiatrist or psychological treatment rendered by a clinical psychologist.
The order
may be in addition to any other order authorized by this Section.
(9) In addition to any other sentencing order, the court shall order any
minor found
to be guilty for an act which would constitute, predatory criminal sexual
assault of a child, aggravated criminal sexual assault, criminal sexual
assault, aggravated criminal sexual abuse, or criminal sexual abuse if
committed by an
adult to undergo medical testing to determine whether the defendant has any
sexually transmissible disease including a test for infection with human
immunodeficiency virus (HIV) or any other identified causative agency of
acquired immunodeficiency syndrome (AIDS). Any medical test shall be performed
only by appropriately licensed medical practitioners and may include an
analysis of any bodily fluids as well as an examination of the minor's person.
Except as otherwise provided by law, the results of the test shall be kept
strictly confidential by all medical personnel involved in the testing and must
be personally delivered in a sealed envelope to the judge of the court in which
the sentencing order was entered for the judge's inspection in camera. Acting
in accordance with the best interests of the victim and the public, the judge
shall have the discretion to determine to whom the results of the testing may
be revealed. The court shall notify the minor of the results of the test for
infection with the human immunodeficiency virus (HIV). The court shall also
notify the victim if requested by the victim, and if the victim is under the
age of 15 and if requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or the legal guardian, of the results of the
test for infection with the human immunodeficiency virus (HIV). The court
shall provide information on the availability of HIV testing and counseling at
the Department of Public Health facilities to all parties to whom the
results of the testing are revealed. The court shall order that the cost of
any test shall be paid by the county and may be taxed as costs against the
minor.
(10) When a court finds a minor to be guilty the court shall, before
entering a sentencing order under this Section, make a finding whether the
offense committed either: (a) was related to or in furtherance of the criminal
activities of an organized gang or was motivated by the minor's membership in
or allegiance to an organized gang, or (b) involved a violation of
subsection (a) of Section 12-7.1 of the Criminal Code of 1961 or the Criminal Code of 2012, a violation of
any
Section of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012, or a violation of any
statute that involved the wrongful use of a firearm. If the court determines
the question in the affirmative,
and the court does not commit the minor to the Department of Juvenile Justice, the court shall order the minor to perform community service
for not less than 30 hours nor more than 120 hours, provided that community
service is available in the jurisdiction and is funded and approved by the
county board of the county where the offense was committed. The community
service shall include, but need not be limited to, the cleanup and repair of
any damage caused by a violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012
and similar damage to property located in the municipality or county in which
the violation occurred. When possible and reasonable, the community service
shall be performed in the minor's neighborhood. This order shall be in
addition to any other order authorized by this Section
except for an order to place the minor in the custody of the Department of
Juvenile Justice. For the purposes of this Section, "organized
gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(11) If the court determines that the offense was committed in furtherance of the criminal activities of an organized gang, as provided in subsection (10), and that the offense involved the operation or use of a motor vehicle or the use of a driver's license or permit, the court shall notify the Secretary of State of that determination and of the period for which the minor shall be denied driving privileges. If, at the time of the determination, the minor does not hold a driver's license or permit, the court shall provide that the minor shall not be issued a driver's license or permit until the minor's 18th birthday. If the minor holds a driver's license or permit at the time of the determination, the court shall provide that the minor's driver's license or permit shall be revoked until the minor's 21st birthday, or until a later date or occurrence determined by the court. If the minor holds a driver's license at the time of the determination, the court may direct the Secretary of State to issue the minor a judicial driving permit, also known as a JDP. The JDP shall be subject to the same terms as a JDP issued under Section 6-206.1 of the Illinois Vehicle Code, except that the court may direct that the JDP be effective immediately.
(12) (Blank).
(Source: P.A. 102-558, eff. 8-20-21; 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-379)
Sec. 5-710. Kinds of sentencing orders.
(1) The following kinds of sentencing orders may be made in respect of
wards of the court:
(a) Except as provided in Sections 5-805, 5-810, and
|
| 5-815, a minor who is found guilty under Section 5-620 may be:
|
|
(i) put on probation or conditional discharge and
|
| released to his or her parents, guardian or legal custodian, provided, however, that any such minor who is not committed to the Department of Juvenile Justice under this subsection and who is found to be a delinquent for an offense which is first degree murder, a Class X felony, or a forcible felony shall be placed on probation;
|
|
(ii) placed in accordance with Section 5-740,
|
| with or without also being put on probation or conditional discharge;
|
|
(iii) required to undergo a substance abuse
|
| assessment conducted by a licensed provider and participate in the indicated clinical level of care;
|
|
(iv) on and after January 1, 2015 (the effective
|
| date of Public Act 98-803) and before January 1, 2017, placed in the guardianship of the Department of Children and Family Services, but only if the delinquent minor is under 16 years of age or, pursuant to Article II of this Act, a minor under the age of 18 for whom an independent basis of abuse, neglect, or dependency exists. On and after January 1, 2017, placed in the guardianship of the Department of Children and Family Services, but only if the delinquent minor is under 15 years of age or, pursuant to Article II of this Act, a minor for whom an independent basis of abuse, neglect, or dependency exists. An independent basis exists when the allegations or adjudication of abuse, neglect, or dependency do not arise from the same facts, incident, or circumstances which give rise to a charge or adjudication of delinquency;
|
|
(v) placed in detention for a period not to
|
| exceed 30 days, either as the exclusive order of disposition or, where appropriate, in conjunction with any other order of disposition issued under this paragraph, provided that any such detention shall be in a juvenile detention home and the minor so detained shall be 10 years of age or older. However, the 30-day limitation may be extended by further order of the court for a minor under age 15 committed to the Department of Children and Family Services if the court finds that the minor is a danger to himself or others. The minor shall be given credit on the sentencing order of detention for time spent in detention under Sections 5-501, 5-601, 5-710, or 5-720 of this Article as a result of the offense for which the sentencing order was imposed. The court may grant credit on a sentencing order of detention entered under a violation of probation or violation of conditional discharge under Section 5-720 of this Article for time spent in detention before the filing of the petition alleging the violation. A minor shall not be deprived of credit for time spent in detention before the filing of a violation of probation or conditional discharge alleging the same or related act or acts. The limitation that the minor shall only be placed in a juvenile detention home does not apply as follows:
|
|
Persons 18 years of age and older who have a
|
| petition of delinquency filed against them may be confined in an adult detention facility. In making a determination whether to confine a person 18 years of age or older who has a petition of delinquency filed against the person, these factors, among other matters, shall be considered:
|
|
(A) the age of the person;
(B) any previous delinquent or criminal
|
|
(C) any previous abuse or neglect history of
|
|
(D) any mental health history of the person;
|
|
(E) any educational history of the person;
(vi) ordered partially or completely emancipated
|
| in accordance with the provisions of the Emancipation of Minors Act;
|
|
(vii) subject to having his or her driver's
|
| license or driving privileges suspended for such time as determined by the court but only until he or she attains 18 years of age;
|
|
(viii) put on probation or conditional discharge
|
| and placed in detention under Section 3-6039 of the Counties Code for a period not to exceed the period of incarceration permitted by law for adults found guilty of the same offense or offenses for which the minor was adjudicated delinquent, and in any event no longer than upon attainment of age 21; this subdivision (viii) notwithstanding any contrary provision of the law;
|
|
(ix) ordered to undergo a medical or other
|
| procedure to have a tattoo symbolizing allegiance to a street gang removed from his or her body; or
|
|
(x) placed in electronic monitoring or home
|
| detention under Part 7A of this Article.
|
|
(b) A minor found to be guilty may be committed to
|
| the Department of Juvenile Justice under Section 5-750 if the minor is at least 13 years and under 20 years of age, provided that the commitment to the Department of Juvenile Justice shall be made only if the minor was found guilty of a felony offense or first degree murder. The court shall include in the sentencing order any pre-custody credits the minor is entitled to under Section 5-4.5-100 of the Unified Code of Corrections. The time during which a minor is in custody before being released upon the request of a parent, guardian or legal custodian shall also be considered as time spent in custody.
|
|
(c) When a minor is found to be guilty for an offense
|
| which is a violation of the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act and made a ward of the court, the court may enter a disposition order requiring the minor to undergo assessment, counseling or treatment in a substance use disorder treatment program approved by the Department of Human Services.
|
|
(2) Any sentencing order other than commitment to the Department of
Juvenile Justice may provide for protective supervision under
Section 5-725 and may include an order of protection under Section 5-730.
(3) Unless the sentencing order expressly so provides, it does not operate
to close proceedings on the pending petition, but is subject to modification
until final closing and discharge of the proceedings under Section 5-750.
(4) In addition to any other sentence, the court may order any
minor
found to be delinquent to make restitution, in monetary or non-monetary form,
under the terms and conditions of Section 5-5-6 of the Unified Code of
Corrections, except that the "presentencing hearing" referred to in that
Section
shall be
the sentencing hearing for purposes of this Section. The parent, guardian or
legal custodian of the minor may be ordered by the court to pay some or all of
the restitution on the minor's behalf, pursuant to the Parental Responsibility
Law. The State's Attorney is authorized to act
on behalf of any victim in seeking restitution in proceedings under this
Section, up to the maximum amount allowed in Section 5 of the Parental
Responsibility Law.
(5) Any sentencing order where the minor is committed or placed in
accordance
with Section 5-740 shall provide for the parents or guardian of the estate of
the minor to pay to the legal custodian or guardian of the person of the minor
such sums as are determined by the custodian or guardian of the person of the
minor as necessary for the minor's needs. The payments may not exceed the
maximum amounts provided for by Section 9.1 of the Children and Family Services
Act.
(6) Whenever the sentencing order requires the minor to attend school or
participate in a program of training, the truant officer or designated school
official shall regularly report to the court if the minor is a chronic or
habitual truant under Section 26-2a of the School Code. Notwithstanding any other provision of this Act, in instances in which educational services are to be provided to a minor in a residential facility where the minor has been placed by the court, costs incurred in the provision of those educational services must be allocated based on the requirements of the School Code.
(7) In no event shall a guilty minor be committed to the Department of
Juvenile Justice for a period of time in
excess of
that period for which an adult could be committed for the same act. The court shall include in the sentencing order a limitation on the period of confinement not to exceed the maximum period of imprisonment the court could impose under Chapter V of the Unified Code of Corrections.
(7.5) In no event shall a guilty minor be committed to the Department of Juvenile Justice or placed in detention when the act for which the minor was adjudicated delinquent would not be illegal if committed by an adult.
(7.6) In no event shall a guilty minor be committed to the Department of Juvenile Justice for an offense which is a Class 4 felony under Section 19-4 (criminal trespass to a residence), 21-1 (criminal damage to property), 21-1.01 (criminal damage to government supported property), 21-1.3 (criminal defacement of property), 26-1 (disorderly conduct), or 31-4 (obstructing justice) of the Criminal Code of 2012.
(7.75) In no event shall a guilty minor be committed to the Department of Juvenile Justice for an offense that is a Class 3 or Class 4 felony violation of the Illinois Controlled Substances Act unless the commitment occurs upon a third or subsequent judicial finding of a violation of probation for substantial noncompliance with court-ordered treatment or programming.
(8) A minor found to be guilty for reasons that include a violation of
Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012 shall be ordered to perform
community service for not less than 30 and not more than 120 hours, if
community service is available in the jurisdiction. The community service
shall include, but need not be limited to, the cleanup and repair of the damage
that was caused by the violation or similar damage to property located in the
municipality or county in which the violation occurred. The order may be in
addition to any other order authorized by this Section. Community service shall not interfere with the school hours, school-related activities, or work commitments of the minor or the minor's parent, guardian, or legal custodian.
(8.5) A minor found to be guilty for reasons that include a violation of
Section
3.02 or Section 3.03 of the Humane Care for Animals Act or paragraph (d) of
subsection (1) of
Section 21-1 of
the Criminal Code
of
1961 or paragraph (4) of subsection (a) of Section 21-1 of the Criminal Code of 2012 shall be ordered to undergo medical or psychiatric treatment rendered by
a
psychiatrist or psychological treatment rendered by a clinical psychologist.
The order
may be in addition to any other order authorized by this Section.
(9) In addition to any other sentencing order, the court shall order any
minor found
to be guilty for an act which would constitute, predatory criminal sexual
assault of a child, aggravated criminal sexual assault, criminal sexual
assault, aggravated criminal sexual abuse, or criminal sexual abuse if
committed by an
adult to undergo medical testing to determine whether the defendant has any
sexually transmissible disease including a test for infection with human
immunodeficiency virus (HIV) or any other identified causative agency of
acquired immunodeficiency syndrome (AIDS). Any medical test shall be performed
only by appropriately licensed medical practitioners and may include an
analysis of any bodily fluids as well as an examination of the minor's person.
Except as otherwise provided by law, the results of the test shall be kept
strictly confidential by all medical personnel involved in the testing and must
be personally delivered in a sealed envelope to the judge of the court in which
the sentencing order was entered for the judge's inspection in camera. Acting
in accordance with the best interests of the victim and the public, the judge
shall have the discretion to determine to whom the results of the testing may
be revealed. The court shall notify the minor of the results of the test for
infection with the human immunodeficiency virus (HIV). The court shall also
notify the victim if requested by the victim, and if the victim is under the
age of 15 and if requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or the legal guardian, of the results of the
test for infection with the human immunodeficiency virus (HIV). The court
shall provide information on the availability of HIV testing and counseling at
the Department of Public Health facilities to all parties to whom the
results of the testing are revealed. The court shall order that the cost of
any test shall be paid by the county.
(10) When a court finds a minor to be guilty the court shall, before
entering a sentencing order under this Section, make a finding whether the
offense committed either: (a) was related to or in furtherance of the criminal
activities of an organized gang or was motivated by the minor's membership in
or allegiance to an organized gang, or (b) involved a violation of
subsection (a) of Section 12-7.1 of the Criminal Code of 1961 or the Criminal Code of 2012, a violation of
any
Section of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012, or a violation of any
statute that involved the wrongful use of a firearm. If the court determines
the question in the affirmative,
and the court does not commit the minor to the Department of Juvenile Justice, the court shall order the minor to perform community service
for not less than 30 hours nor more than 120 hours, provided that community
service is available in the jurisdiction and is funded and approved by the
county board of the county where the offense was committed. The community
service shall include, but need not be limited to, the cleanup and repair of
any damage caused by a violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012
and similar damage to property located in the municipality or county in which
the violation occurred. When possible and reasonable, the community service
shall be performed in the minor's neighborhood. This order shall be in
addition to any other order authorized by this Section
except for an order to place the minor in the custody of the Department of
Juvenile Justice. Community service shall not interfere with the school hours, school-related activities, or work commitments of the minor or the minor's parent, guardian, or legal custodian. For the purposes of this Section, "organized
gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(11) If the court determines that the offense was committed in furtherance of the criminal activities of an organized gang, as provided in subsection (10), and that the offense involved the operation or use of a motor vehicle or the use of a driver's license or permit, the court shall notify the Secretary of State of that determination and of the period for which the minor shall be denied driving privileges. If, at the time of the determination, the minor does not hold a driver's license or permit, the court shall provide that the minor shall not be issued a driver's license or permit until his or her 18th birthday. If the minor holds a driver's license or permit at the time of the determination, the court shall provide that the minor's driver's license or permit shall be revoked until his or her 21st birthday, or until a later date or occurrence determined by the court. If the minor holds a driver's license at the time of the determination, the court may direct the Secretary of State to issue the minor a judicial driving permit, also known as a JDP. The JDP shall be subject to the same terms as a JDP issued under Section 6-206.1 of the Illinois Vehicle Code, except that the court may direct that the JDP be effective immediately.
(12) (Blank).
(13) Fines and assessments, including any fee or administrative cost authorized under Section 5-4.5-105, 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the Unified Code of Corrections, relating to any sentencing order shall not be ordered or imposed on a minor or the minor's parent, guardian, or legal custodian. The inability of a minor, or minor's parent, guardian, or legal custodian, to cover the costs associated with an appropriate sentencing order shall not be the basis for the court to enter a sentencing order incongruent with the court's findings regarding the offense on which the minor was adjudicated or the mitigating factors.
(Source: P.A. 102-558, eff. 8-20-21; 103-379, eff. 7-28-23.)
|
(705 ILCS 405/5-715)
(Text of Section from P.A. 103-22) Sec. 5-715. Probation.
(1) The period of probation or conditional discharge shall not exceed 5
years or until the minor has attained the age of 21 years, whichever is less,
except as provided in this Section for a minor who is found to be guilty
for an offense which is first degree murder. The juvenile court may terminate probation or
conditional discharge and discharge the minor at any time if warranted by the
conduct of the minor and the ends of justice; provided, however, that the
period of probation for a minor who is found to be guilty for an offense which
is first degree murder shall be at
least 5 years.
(1.5) The period of probation for a minor who is found guilty of aggravated criminal sexual assault, criminal sexual assault, or aggravated battery with a firearm shall be at least 36 months. The period of probation for a minor who is found to be guilty of any other Class X felony shall be at least 24 months. The period of probation for a Class 1 or Class 2 forcible felony shall be at least 18 months. Regardless of the length of probation ordered by the court, for all offenses under this paragraph (1.5), the court shall schedule hearings to determine whether it is in the best interest of the minor and public safety to terminate probation after the minimum period of probation has been served. In such a hearing, there shall be a rebuttable presumption that it is in the best interest of the minor and public safety to terminate probation. (2) The court may as a condition of probation or of conditional discharge
require that the minor:
(a) not violate any criminal statute of any |
|
(b) make a report to and appear in person before any
|
| person or agency as directed by the court;
|
|
(c) work or pursue a course of study or vocational
|
|
(d) undergo medical or psychiatric treatment,
|
| rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist or social work services rendered by a clinical social worker, or treatment for drug addiction or alcoholism;
|
|
(e) attend or reside in a facility established for
|
| the instruction or residence of persons on probation;
|
|
(f) support the minor's dependents, if any;
(g) refrain from possessing a firearm or other
|
| dangerous weapon, or an automobile;
|
|
(h) permit the probation officer to visit the minor
|
| at the minor's home or elsewhere;
|
|
(i) reside with the minor's parents or in a foster
|
|
(j) attend school;
(j-5) with the consent of the superintendent of the
|
| facility, attend an educational program at a facility other than the school in which the offense was committed if the minor committed a crime of violence as defined in Section 2 of the Crime Victims Compensation Act in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
|
|
(k) attend a non-residential program for youth;
(l) make restitution under the terms of subsection
|
|
(m) contribute to the minor's own support at home or
|
|
(n) perform some reasonable public or community
|
|
(o) participate with community corrections programs
|
| including unified delinquency intervention services administered by the Department of Human Services subject to Section 5 of the Children and Family Services Act;
|
|
(p) pay costs;
(q) serve a term of home confinement. In addition to
|
| any other applicable condition of probation or conditional discharge, the conditions of home confinement shall be that the minor:
|
|
(i) remain within the interior premises of the
|
| place designated for the minor's confinement during the hours designated by the court;
|
|
(ii) admit any person or agent designated by the
|
| court into the minor's place of confinement at any time for purposes of verifying the minor's compliance with the conditions of the minor's confinement; and
|
|
(iii) use an approved electronic monitoring
|
| device if ordered by the court subject to Article 8A of Chapter V of the Unified Code of Corrections;
|
|
(r) refrain from entering into a designated
|
| geographic area except upon terms as the court finds appropriate. The terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the minor, and advance approval by a probation officer, if the minor has been placed on probation, or advance approval by the court, if the minor has been placed on conditional discharge;
|
|
(s) refrain from having any contact, directly or
|
| indirectly, with certain specified persons or particular types of persons, including but not limited to members of street gangs and drug users or dealers;
|
|
(s-5) undergo a medical or other procedure to have a
|
| tattoo symbolizing allegiance to a street gang removed from the minor's body;
|
|
(t) refrain from having in the minor's body the
|
| presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and shall submit samples of the minor's blood or urine or both for tests to determine the presence of any illicit drug; or
|
|
(u) comply with other conditions as may be ordered by
|
|
(3) The court may as a condition of probation or of conditional discharge
require that a minor found guilty on any alcohol, cannabis, methamphetamine, or
controlled substance violation, refrain from acquiring a driver's license
during the period of probation or conditional discharge. If the minor is in
possession of a permit or license, the court may require that the minor refrain
from driving or operating any motor vehicle during the period of probation or
conditional discharge, except as may be necessary in the course of the minor's
lawful
employment.
(3.5) The court shall, as a condition of probation or of conditional
discharge,
require that a minor found to be guilty and placed on probation for reasons
that include a
violation of Section 3.02 or Section 3.03 of the Humane Care for Animals Act or
paragraph
(4) of subsection (a) of Section 21-1 of the
Criminal Code of 2012 undergo medical or psychiatric treatment rendered by a
psychiatrist or psychological treatment rendered by a clinical psychologist.
The
condition may be in addition to any other condition.
(3.10) The court shall order that a minor placed on probation or
conditional discharge for a sex offense as defined in the Sex Offender
Management Board Act undergo and successfully complete sex offender treatment.
The treatment shall be in conformance with the standards developed under
the Sex Offender Management Board Act and conducted by a treatment provider
approved by the Board. The treatment shall be at the expense of the person
evaluated based upon that person's ability to pay for the treatment.
(4) A minor on probation or conditional discharge shall be given a
certificate setting forth the conditions upon which the minor is being
released.
(5) The court shall impose upon a minor placed on probation or conditional
discharge, as a condition of the probation or conditional discharge, a fee of
$50 for each month of probation or conditional discharge supervision ordered by
the court, unless after determining the inability of the minor placed on
probation or conditional discharge to pay the fee, the court assesses a lesser
amount. The court may not impose the fee on a minor who is placed in the guardianship or custody of the Department of Children and Family Services under this Act while the minor is in placement. The fee shall be
imposed only upon a minor who is actively supervised by the probation and court
services department. The court may order the parent, guardian, or legal
custodian of the minor to pay some or all of the fee on the minor's behalf.
(5.5) Jurisdiction over an offender may be transferred from the
sentencing court to the court of another circuit with the concurrence
of both courts. Further transfers or retransfers of jurisdiction are
also authorized in the same manner. The court to which jurisdiction has
been transferred shall have the same powers as the sentencing court.
The probation department within the circuit to which jurisdiction has
been transferred, or which has agreed to provide supervision, may
impose probation fees upon receiving the transferred offender, as
provided in subsection (i) of Section 5-6-3 of the Unified Code of Corrections. For all transfer cases, as defined in
Section 9b of the Probation and Probation Officers Act, the probation
department from the original sentencing court shall retain all
probation fees collected prior to the transfer. After the transfer, all
probation fees shall be paid to the probation department within the
circuit to which jurisdiction has been transferred.
If the transfer case originated in another state and has been transferred under the Interstate Compact for Juveniles to the jurisdiction of an Illinois circuit court for supervision by an Illinois probation department, probation fees may be imposed only if permitted by the Interstate Commission for Juveniles.
(6) The General Assembly finds that in order to protect the public, the
juvenile justice system must compel compliance with the conditions of probation
by responding to violations with swift, certain, and fair punishments and
intermediate sanctions. The Chief Judge of each circuit shall adopt a system
of structured, intermediate sanctions for violations of the terms and
conditions of a sentence of supervision, probation or conditional discharge,
under this
Act.
The court shall provide as a condition of a disposition of probation,
conditional discharge, or supervision, that the probation agency may invoke any
sanction from the list of intermediate sanctions adopted by the chief judge of
the circuit court for violations of the terms and conditions of the sentence of
probation, conditional discharge, or supervision, subject to the provisions of
Section 5-720 of this Act.
(Source: P.A. 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-379)
Sec. 5-715. Probation.
(1) The period of probation or conditional discharge shall not exceed 5
years or until the minor has attained the age of 21 years, whichever is less,
except as provided in this Section for a minor who is found to be guilty
for an offense which is first degree murder. The juvenile court may terminate probation or
conditional discharge and discharge the minor at any time if warranted by the
conduct of the minor and the ends of justice; provided, however, that the
period of probation for a minor who is found to be guilty for an offense which
is first degree murder shall be at
least 5 years.
(1.5) The period of probation for a minor who is found guilty of aggravated criminal sexual assault, criminal sexual assault, or aggravated battery with a firearm shall be at least 36 months. The period of probation for a minor who is found to be guilty of any other Class X felony shall be at least 24 months. The period of probation for a Class 1 or Class 2 forcible felony shall be at least 18 months. Regardless of the length of probation ordered by the court, for all offenses under this paragraph (1.5), the court shall schedule hearings to determine whether it is in the best interest of the minor and public safety to terminate probation after the minimum period of probation has been served. In such a hearing, there shall be a rebuttable presumption that it is in the best interest of the minor and public safety to terminate probation.
(2) The court may as a condition of probation or of conditional discharge
require that the minor:
(a) not violate any criminal statute of any
|
|
(b) make a report to and appear in person before any
|
| person or agency as directed by the court;
|
|
(c) work or pursue a course of study or vocational
|
|
(d) undergo medical or psychiatric treatment,
|
| rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist or social work services rendered by a clinical social worker, or treatment for drug addiction or alcoholism;
|
|
(e) attend or reside in a facility established for
|
| the instruction or residence of persons on probation;
|
|
(f) support his or her dependents, if any;
(g) refrain from possessing a firearm or other
|
| dangerous weapon, or an automobile;
|
|
(h) permit the probation officer to visit him or her
|
| at his or her home or elsewhere;
|
|
(i) reside with his or her parents or in a foster
|
|
(j) attend school;
(j-5) with the consent of the superintendent of the
|
| facility, attend an educational program at a facility other than the school in which the offense was committed if he or she committed a crime of violence as defined in Section 2 of the Crime Victims Compensation Act in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;
|
|
(k) attend a non-residential program for youth;
(l) make restitution under the terms of subsection
|
|
(m) provide nonfinancial contributions to his or her
|
| own support at home or in a foster home;
|
|
(n) perform some reasonable public or community
|
| service that does not interfere with school hours, school-related activities, or work commitments of the minor or the minor's parent, guardian, or legal custodian;
|
|
(o) participate with community corrections programs
|
| including unified delinquency intervention services administered by the Department of Human Services subject to Section 5 of the Children and Family Services Act;
|
|
(p) (blank);
(q) serve a term of home confinement. In addition to
|
| any other applicable condition of probation or conditional discharge, the conditions of home confinement shall be that the minor:
|
|
(i) remain within the interior premises of the
|
| place designated for his or her confinement during the hours designated by the court;
|
|
(ii) admit any person or agent designated by the
|
| court into the minor's place of confinement at any time for purposes of verifying the minor's compliance with the conditions of his or her confinement; and
|
|
(iii) use an approved electronic monitoring
|
| device if ordered by the court subject to Article 8A of Chapter V of the Unified Code of Corrections;
|
|
(r) refrain from entering into a designated
|
| geographic area except upon terms as the court finds appropriate. The terms may include consideration of the purpose of the entry, the time of day, other persons accompanying the minor, and advance approval by a probation officer, if the minor has been placed on probation, or advance approval by the court, if the minor has been placed on conditional discharge;
|
|
(s) refrain from having any contact, directly or
|
| indirectly, with certain specified persons or particular types of persons, including but not limited to members of street gangs and drug users or dealers;
|
|
(s-5) undergo a medical or other procedure to have a
|
| tattoo symbolizing allegiance to a street gang removed from his or her body;
|
|
(t) refrain from having in his or her body the
|
| presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and shall submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug; or
|
|
(u) comply with other conditions as may be ordered by
|
|
(3) The court may as a condition of probation or of conditional discharge
require that a minor found guilty on any alcohol, cannabis, methamphetamine, or
controlled substance violation, refrain from acquiring a driver's license
during the period of probation or conditional discharge. If the minor is in
possession of a permit or license, the court may require that the minor refrain
from driving or operating any motor vehicle during the period of probation or
conditional discharge, except as may be necessary in the course of the minor's
lawful
employment.
(3.5) The court shall, as a condition of probation or of conditional
discharge,
require that a minor found to be guilty and placed on probation for reasons
that include a
violation of Section 3.02 or Section 3.03 of the Humane Care for Animals Act or
paragraph
(4) of subsection (a) of Section 21-1 of the
Criminal Code of 2012 undergo medical or psychiatric treatment rendered by a
psychiatrist or psychological treatment rendered by a clinical psychologist.
The
condition may be in addition to any other condition.
(3.10) The court shall order that a minor placed on probation or
conditional discharge for a sex offense as defined in the Sex Offender
Management Board Act undergo and successfully complete sex offender treatment.
The treatment shall be in conformance with the standards developed under
the Sex Offender Management Board Act and conducted by a treatment provider
approved by the Board.
(4) A minor on probation or conditional discharge shall be given a
certificate setting forth the conditions upon which he or she is being
released.
(5) (Blank).
(5.5) Jurisdiction over an offender may be transferred from the
sentencing court to the court of another circuit with the concurrence
of both courts. Further transfers or retransfers of jurisdiction are
also authorized in the same manner. The court to which jurisdiction has
been transferred shall have the same powers as the sentencing court.
If the transfer case originated in another state and has been transferred under the Interstate Compact for Juveniles to the jurisdiction of an Illinois circuit court for supervision by an Illinois probation department, probation fees may be imposed only if permitted by the Interstate Commission for Juveniles.
(6) The General Assembly finds that in order to protect the public, the
juvenile justice system must compel compliance with the conditions of probation
by responding to violations with swift, certain, and fair punishments and
intermediate sanctions. The Chief Judge of each circuit shall adopt a system
of structured, intermediate sanctions for violations of the terms and
conditions of a sentence of supervision, probation or conditional discharge,
under this
Act.
The court shall provide as a condition of a disposition of probation,
conditional discharge, or supervision, that the probation agency may invoke any
sanction from the list of intermediate sanctions adopted by the chief judge of
the circuit court for violations of the terms and conditions of the sentence of
probation, conditional discharge, or supervision, subject to the provisions of
Section 5-720 of this Act.
(7) Fines and assessments, including any fee or administrative cost authorized under Section 5-4.5-105, 5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the Unified Code of Corrections, shall not be ordered or imposed on a minor or the minor's parent, guardian, or legal custodian as a condition of probation, conditional discharge, or supervision. If the minor or the minor's parent, guardian, or legal custodian is unable to cover the cost of a condition under this subsection, the court shall not preclude the minor from receiving probation, conditional discharge, or supervision based on the inability to pay. Inability to pay shall not be grounds to object to the minor's placement on probation, conditional discharge, or supervision.
(Source: P.A. 103-379, eff. 7-28-23.)
|
(705 ILCS 405/5-750)
Sec. 5-750. Commitment to the Department of Juvenile Justice. (1) Except as provided in subsection (2) of this Section, when any
delinquent has been adjudged a ward of the court under this Act, the court may
commit the minor to the Department of Juvenile Justice, if it
finds
that (a) the minor's parents, guardian or legal custodian are unfit or are
unable, for
some reason other than financial circumstances alone, to care for, protect,
train or discipline the minor, or are unwilling to do so,
and the best interests of the minor and
the public will not be served by placement under Section 5-740,
or it is
necessary to ensure the protection of the public from the consequences of
criminal activity of the delinquent; and (b)
commitment to the Department of Juvenile Justice is the least
restrictive alternative based on evidence that efforts were
made to locate less restrictive alternatives to secure
confinement and the reasons why efforts were unsuccessful in
locating a less restrictive alternative to secure confinement. Before the court commits a minor to the Department of Juvenile Justice, it shall make a finding that secure confinement is necessary,
following a review of the following individualized factors: (A) Age of the minor. (B) Criminal background of the minor. (C) Review of results of any assessments of the |
| minor, including child centered assessments such as the CANS.
|
|
(D) Educational background of the minor, indicating
|
| whether the minor has ever been assessed for a learning disability, and if so what services were provided as well as any disciplinary incidents at school.
|
|
(E) Physical, mental and emotional health of the
|
| minor, indicating whether the minor has ever been diagnosed with a health issue and if so what services were provided and whether the minor was compliant with services.
|
|
(F) Community based services that have been provided
|
| to the minor, and whether the minor was compliant with the services, and the reason the services were unsuccessful.
|
|
(G) Services within the Department of Juvenile
|
| Justice that will meet the individualized needs of the minor.
|
|
(1.5) Before the court commits a minor to the Department of Juvenile Justice, the court must find reasonable efforts have been made to prevent or eliminate the need for the minor to be removed from the home, or reasonable efforts cannot, at this time, for good cause, prevent or eliminate the need for removal, and removal from home is in the best interests of the minor, the minor's family, and the public.
(2) When a minor of the age of at least 13 years is adjudged delinquent
for the offense of first degree murder, the court shall declare the minor a
ward of the court and order the minor committed to the Department of
Juvenile Justice until the minor's 21st birthday, without the
possibility of aftercare release, furlough, or non-emergency authorized absence for a
period of 5 years from the date the minor was committed to the Department of
Juvenile Justice, except that the time that a minor spent in custody for the instant
offense before being committed to the Department of Juvenile Justice shall be considered as time
credited towards that 5 year period. Upon release from a Department facility, a minor adjudged delinquent for first degree murder shall be placed on aftercare release until the age of 21, unless sooner discharged from aftercare release or custodianship is otherwise terminated in accordance with this Act or as otherwise provided for by law. Nothing in this subsection (2) shall
preclude the State's Attorney from seeking to prosecute a minor as an adult as
an alternative to proceeding under this Act.
(3) Except as provided in subsection (2), the commitment of a
delinquent to the Department of Juvenile Justice shall be for an indeterminate term
which shall automatically terminate upon the delinquent attaining the age of 21
years or upon completion of that period for which an adult could be committed for the same act, whichever occurs sooner, unless the delinquent is sooner discharged from aftercare release or custodianship
is otherwise terminated in accordance with this Act or as otherwise provided
for by law.
(3.5) Every delinquent minor committed to the Department of Juvenile Justice under this Act shall be eligible for aftercare release without regard to the length of time the minor has been confined or whether the minor has served any minimum term imposed. Aftercare release shall be administered by the Department of Juvenile Justice, under the direction of the Director. Unless sooner discharged, the Department of Juvenile Justice shall discharge a minor from aftercare release upon completion of the following aftercare release terms:
(a) One and a half years from the date a minor is
|
| released from a Department facility, if the minor was committed for a Class X felony;
|
|
(b) One year from the date a minor is released
|
| from a Department facility, if the minor was committed for a Class 1 or 2 felony; and
|
|
(c) Six months from the date a minor is released
|
| from a Department facility, if the minor was committed for a Class 3 felony or lesser offense.
|
|
(4) When the court commits a minor to the Department of Juvenile Justice, it
shall order the minor conveyed forthwith to the appropriate reception station
or
other place designated by the Department of Juvenile Justice, and shall appoint the
Director of Juvenile Justice legal custodian of the
minor. The clerk of the court shall issue to the
Director of Juvenile Justice a certified copy of the order,
which constitutes proof of the Director's authority. No other process need
issue to
warrant the keeping of the minor.
(5) If a minor is committed to the Department of Juvenile Justice, the clerk of the court shall forward to the Department:
(a) the sentencing order and copies of committing
|
|
(b) all reports;
(c) the court's statement of the basis for ordering
|
|
(d) any sex offender evaluations;
(e) any risk assessment or substance abuse
|
| treatment eligibility screening and assessment of the minor by an agent designated by the State to provide assessment services for the courts;
|
|
(f) the number of days, if any, which the minor
|
| has been in custody and for which the minor is entitled to credit against the sentence, which information shall be provided to the clerk by the sheriff;
|
|
(g) any medical or mental health records or
|
|
(h) the municipality where the arrest of the minor
|
| occurred, the commission of the offense occurred, and the minor resided at the time of commission;
|
|
(h-5) a report detailing the minor's criminal history
|
| in a manner and form prescribed by the Department of Juvenile Justice;
|
|
(i) all additional matters which the court directs
|
| the clerk to transmit; and
|
|
(j) all police reports for sex offenses as defined by
|
| the Sex Offender Management Board Act.
|
|
(6) Whenever the Department of Juvenile Justice lawfully discharges from its
custody and
control a minor committed to it, the Director of Juvenile Justice shall petition the court for an order terminating the minor's
custodianship. The custodianship shall terminate automatically 30 days after
receipt of the petition unless the court orders otherwise.
(7) If, while on aftercare release, a minor committed to the Department of Juvenile Justice who resides in this State is charged under the criminal laws of this State, the criminal laws of any other state, or federal law with an offense that could result in a sentence of imprisonment within the Department of Corrections, the penal system of any state, or the federal Bureau of Prisons, the commitment to the Department of Juvenile Justice and all rights and duties created by that commitment are automatically suspended pending final disposition of the criminal charge. If the minor is found guilty of the criminal charge and sentenced to a term of imprisonment in the penitentiary system of the Department of Corrections, the penal system of any state, or the federal Bureau of Prisons, the commitment to the Department of Juvenile Justice shall be automatically terminated. If the criminal charge is dismissed, the minor is found not guilty, or the minor completes a criminal sentence other than imprisonment within the Department of Corrections, the penal system of any state, or the federal Bureau of Prisons, the previously imposed commitment to the Department of Juvenile Justice and the full aftercare release term shall be automatically reinstated unless custodianship is sooner terminated. Nothing in this subsection (7) shall preclude the court from ordering another sentence under Section 5-710 of this Act or from terminating the Department's custodianship while the commitment to the Department is suspended.
(Source: P.A. 102-350, eff. 8-13-21; 103-22, eff. 8-8-23.)
|
(705 ILCS 405/5-7A-115) Sec. 5-7A-115. Program description. The supervising authority may promulgate rules that prescribe reasonable guidelines under which an electronic monitoring and home detention program shall operate. These rules shall include, but not be limited to, the following: (A) The participant shall remain within the interior |
| premises or within the property boundaries of the participant's residence at all times during the hours designated by the supervising authority. Such instances of approved absences from the home may include, but are not limited to, the following:
|
|
(1) working or employment approved by the court
|
| or traveling to or from approved employment;
|
|
(2) unemployed and seeking employment approved
|
| for the participant by the court;
|
|
(3) undergoing medical, psychiatric, mental
|
| health treatment, counseling, or other treatment programs approved for the participant by the court;
|
|
(4) attending an educational institution or a
|
| program approved for the participant by the court;
|
|
(5) attending a regularly scheduled religious
|
| service at a place of worship;
|
|
(6) participating in community work release or
|
| community service programs approved for the participant by the supervising authority; or
|
|
(7) for another compelling reason consistent with
|
| the public interest, as approved by the supervising authority.
|
|
(B) The participant shall admit any person or agent
|
| designated by the supervising authority into the participant's residence at any time for purposes of verifying the participant's compliance with the conditions of the participant's detention.
|
|
(C) The participant shall make the necessary
|
| arrangements to allow for any person or agent designated by the supervising authority to visit the participant's place of education or employment at any time, based upon the approval of the educational institution or employer or both, for the purpose of verifying the participant's compliance with the conditions of the participant's detention.
|
|
(D) The participant shall acknowledge and participate
|
| with the approved electronic monitoring device as designated by the supervising authority at any time for the purpose of verifying the participant's compliance with the conditions of the participant's detention.
|
|
(E) The participant shall maintain the following:
(1) a working telephone in the participant's home;
(2) a monitoring device in the participant's home
|
| or on the participant's person, or both; and
|
|
(3) a monitoring device in the participant's home
|
| and on the participant's person in the absence of a telephone.
|
|
(F) The participant shall obtain approval from the
|
| supervising authority before the participant changes residence or the schedule described in paragraph (A) of this Section.
|
|
(G) The participant shall not commit another act that
|
| if committed by an adult would constitute a crime during the period of home detention ordered by the court.
|
|
(H) Notice to the participant that violation of the
|
| order for home detention may subject the participant to an adjudicatory hearing for escape as described in Section 5-7A-120.
|
|
(I) The participant shall abide by other conditions
|
| as set by the supervising authority.
|
|
(Source: P.A. 103-22, eff. 8-8-23.)
|
(705 ILCS 405/5-805)
Sec. 5-805. Transfer of jurisdiction.
(1) (Blank).
(2) Presumptive transfer.
(a) If the State's Attorney files a petition, at any |
| time prior to commencement of the minor's trial, to permit prosecution under the criminal laws and the petition alleges a minor 15 years of age or older of an act that constitutes a forcible felony under the laws of this State, and if a motion by the State's Attorney to prosecute the minor under the criminal laws of Illinois for the alleged forcible felony alleges that (i) the minor has previously been adjudicated delinquent or found guilty for commission of an act that constitutes a forcible felony under the laws of this State or any other state and (ii) the act that constitutes the offense was committed in furtherance of criminal activity by an organized gang, and, if the juvenile judge assigned to hear and determine motions to transfer a case for prosecution in the criminal court determines that there is probable cause to believe that the allegations in the petition and motion are true, there is a rebuttable presumption that the minor is not a fit and proper subject to be dealt with under the Juvenile Justice Reform Provisions of 1998 (Public Act 90-590), and that, except as provided in paragraph (b), the case should be transferred to the criminal court.
|
|
(b) The judge shall enter an order permitting
|
| prosecution under the criminal laws of Illinois unless the judge makes a finding based on clear and convincing evidence that the minor would be amenable to the care, treatment, and training programs available through the facilities of the juvenile court based on an evaluation of the following:
|
|
(i) the age of the minor;
(ii) the history of the minor, including:
(A) any previous delinquent or criminal
|
|
(B) any previous abuse or neglect history of
|
|
(C) any mental health, physical or
|
| educational history of the minor or combination of these factors, and
|
|
(D) any involvement of the minor in the
|
|
(iii) the circumstances of the offense,
|
|
(A) the seriousness of the offense,
(B) whether the minor is charged through
|
|
(C) whether there is evidence the offense was
|
| committed in an aggressive and premeditated manner,
|
|
(D) whether there is evidence the offense
|
| caused serious bodily harm,
|
|
(E) whether there is evidence the minor
|
| possessed a deadly weapon,
|
|
(F) whether there is evidence the minor was
|
| subjected to outside pressure, including peer pressure, familial pressure, or negative influences, and
|
|
(G) the minor's degree of participation and
|
| specific role in the offense;
|
|
(iv) the advantages of treatment within the
|
| juvenile justice system including whether there are facilities or programs, or both, particularly available in the juvenile system;
|
|
(v) whether the security of the public requires
|
| sentencing under Chapter V of the Unified Code of Corrections:
|
|
(A) the minor's history of services,
|
| including the minor's willingness to participate meaningfully in available services;
|
|
(B) whether there is a reasonable likelihood
|
| that the minor can be rehabilitated before the expiration of the juvenile court's jurisdiction; and
|
|
(C) the adequacy of the punishment or
|
|
In considering these factors, the court shall give
|
| greater weight to the seriousness of the alleged offense and the minor's prior record of delinquency than to the other factors listed in this subsection.
|
|
(3) Discretionary transfer.
(a) If a petition alleges commission by a minor 13
|
| years of age or over of an act that constitutes a crime under the laws of this State and, on motion of the State's Attorney to permit prosecution of the minor under the criminal laws, a Juvenile Judge assigned by the Chief Judge of the Circuit to hear and determine those motions, after hearing but before commencement of the trial, finds that there is probable cause to believe that the allegations in the motion are true and that it is not in the best interests of the public to proceed under this Act, the court may enter an order permitting prosecution under the criminal laws.
|
|
(b) In making its determination on the motion to
|
| permit prosecution under the criminal laws, the court shall consider among other matters:
|
|
(i) the age of the minor;
(ii) the history of the minor, including:
(A) any previous delinquent or criminal
|
|
(B) any previous abuse or neglect history of
|
|
(C) any mental health, physical, or
|
| educational history of the minor or combination of these factors, and
|
|
(D) any involvement of the minor in the child
|
|
(iii) the circumstances of the offense,
|
|
(A) the seriousness of the offense,
(B) whether the minor is charged through
|
|
(C) whether there is evidence the offense was
|
| committed in an aggressive and premeditated manner,
|
|
(D) whether there is evidence the offense
|
| caused serious bodily harm,
|
|
(E) whether there is evidence the minor
|
| possessed a deadly weapon,
|
|
(F) whether there is evidence the minor was
|
| subjected to outside pressure, including peer pressure, familial pressure, or negative influences, and
|
|
(G) the minor's degree of participation and
|
| specific role in the offense;
|
|
(iv) the advantages of treatment within the
|
| juvenile justice system including whether there are facilities or programs, or both, particularly available in the juvenile system;
|
|
(v) whether the security of the public requires
|
| sentencing under Chapter V of the Unified Code of Corrections:
|
|
(A) the minor's history of services,
|
| including the minor's willingness to participate meaningfully in available services;
|
|
(B) whether there is a reasonable likelihood
|
| that the minor can be rehabilitated before the expiration of the juvenile court's jurisdiction; and
|
|
(C) the adequacy of the punishment or
|
|
In considering these factors, the court shall give
|
| greater weight to the seriousness of the alleged offense, the minor's prior record of delinquency than to the other factors listed in this subsection.
|
|
(4) The rules of evidence for this hearing shall be the same as under
Section 5-705 of this Act. A minor must be represented in court by counsel
before the hearing may be commenced.
(5) If criminal proceedings are instituted, the petition for adjudication
of wardship shall be dismissed insofar as the act or acts involved in the
criminal proceedings. Taking of evidence in a trial on petition for
adjudication of wardship is a bar to criminal proceedings based upon the
conduct alleged in the petition.
(6) When criminal prosecution is permitted under this Section and a finding of guilt is entered, the criminal court shall sentence the minor under Section 5-4.5-105 of the Unified Code of Corrections.
(7) The changes made to this Section by this amendatory Act of the 99th General Assembly apply to a minor who has been taken into custody on or after the effective date of this amendatory Act of the 99th General Assembly.
(Source: P.A. 103-191, eff. 1-1-24 .)
|