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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 705 ILCS 405/5-715 (705 ILCS 405/5-715) 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 subsection (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;
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| (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;
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| (e) attend or reside in a facility established for
| | the instruction or residence of persons on probation;
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| (f) support the minor's dependents, if any;
(g) refrain from possessing a firearm or other
| | dangerous weapon, or an automobile;
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| (h) permit the probation officer to visit the minor
| | at the minor's home or elsewhere;
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| (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;
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| (k) attend a non-residential program for youth;
(l) make restitution under the terms of subsection
| | (m) provide nonfinancial contributions to the minor's
| | own support at home or in a foster home;
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| (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;
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| (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;
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| (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:
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| (i) remain within the interior premises of the
| | place designated for the minor's confinement during the hours designated by the court;
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| (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
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| (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;
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| (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;
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| (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;
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| (s-5) undergo a medical or other procedure to have a
| | tattoo symbolizing allegiance to a street gang removed from the minor's body;
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| (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
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| (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 the minor 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. 103-22, eff. 8-8-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.)
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705 ILCS 405/5-720
(705 ILCS 405/5-720)
Sec. 5-720. Probation revocation.
(1) If a petition is filed charging a violation of a condition of
probation or of conditional discharge, the court shall:
(a) order the minor to appear; or
(b) order the minor's detention if the court finds | | that the detention is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another or that the minor is likely to flee the jurisdiction of the court, 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; and
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(c) notify the persons named in the petition under
| | Section 5-520, in accordance with the provisions of Section 5-530.
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In making its detention determination under paragraph (b) of this subsection
(1) of this
Section, the court may use information in its findings offered at such a
hearing by way of proffer based upon reliable information presented by the
State, probation officer, or the minor. The filing of a petition for violation
of a condition of probation or of conditional discharge shall toll the period
of probation or of conditional discharge until the final determination of the
charge, and the term of probation or conditional discharge shall not run until
the hearing and disposition of the petition for violation.
(2) The court shall conduct a hearing of the alleged violation of
probation or of
conditional discharge. The minor shall not be held in detention longer than 15
days pending the determination of the alleged violation.
(3) At the hearing, the State shall have the burden of going forward with
the evidence and proving the violation by a preponderance of the evidence.
The evidence shall be presented in court with the right of confrontation,
cross-examination, and representation by counsel.
(4) If the court finds that the minor has
violated a condition at any time prior to the expiration or termination of the
period of probation or conditional discharge, it
may continue the minor on the existing sentence, with or without modifying
or
enlarging the conditions, or may revoke probation or conditional discharge and
impose any other sentence that was available under Section 5-710 at the time
of the initial sentence.
(5) The conditions of probation and of conditional discharge may be
reduced or enlarged by the court on motion of the probation officer or on its
own motion or at the request of the minor after notice and hearing under this
Section.
(6) Sentencing after revocation of probation or of conditional discharge
shall be under Section 5-705.
(7) Instead of filing a violation of probation or of conditional
discharge, the probation officer, with the concurrence of the probation officer's
supervisor, may serve on the minor a notice of intermediate sanctions. The
notice shall contain the technical violation or violations involved, the date
or dates of the violation or violations, and the intermediate sanctions to be
imposed. Upon receipt of the notice, the minor shall immediately accept or
reject the intermediate sanctions. If the sanctions are accepted, they shall
be imposed immediately. If the intermediate sanctions are rejected or the
minor does not respond to the notice, a violation
of probation or of conditional discharge shall be immediately filed with the
court. The State's Attorney and the sentencing court shall be notified of the
notice of sanctions. Upon successful completion of the intermediate sanctions,
a court may not revoke probation or conditional discharge or impose additional
sanctions for the same violation. A notice of intermediate sanctions may not
be issued for any violation of probation or conditional discharge which could
warrant an additional, separate felony charge.
(Source: P.A. 103-22, eff. 8-8-23.)
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705 ILCS 405/5-725
(705 ILCS 405/5-725)
Sec. 5-725. Protective supervision. If the sentencing order releases the minor to the custody of the minor's
parents,
guardian or legal custodian, or continues the minor in such custody, the court
may place the person having
custody of the minor, except for representatives of private or public agencies
or governmental departments, under supervision of the probation office. Rules
or orders of court shall define the terms and conditions of protective
supervision, which may be modified or terminated when the court finds that the
best interests of the minor and the public will be served by modifying or
terminating protective supervision.
(Source: P.A. 103-22, eff. 8-8-23.)
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705 ILCS 405/5-730
(705 ILCS 405/5-730)
Sec. 5-730. Order of protection.
(1) The court may make an order of protection in assistance of or as a
condition of any other order authorized by this Act. The order of protection
may set forth reasonable conditions of behavior to be observed for a specified
period. The order may require a
person:
(a) to stay away from the home or the minor;
(b) to permit a parent to visit the minor at stated | |
(c) to abstain from offensive conduct against the
| | minor, the minor's parent or any person to whom custody of the minor is awarded;
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(d) to give proper attention to the care of the home;
(e) to cooperate in good faith with an agency to
| | which custody of a minor is entrusted by the court or with an agency or association to which the minor is referred by the court;
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(f) to prohibit and prevent any contact whatsoever
| | with the respondent minor by a specified individual or individuals who are alleged in either a criminal or juvenile proceeding to have caused injury to a respondent minor or a sibling of a respondent minor;
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(g) to refrain from acts of commission or omission
| | that tend to make the home not a proper place for the minor.
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(2) The court shall enter an order of protection to prohibit and prevent
any contact between a respondent minor or a sibling of a respondent minor and
any person named in a petition seeking an order of protection who has been
convicted of heinous battery or aggravated battery under subdivision (a)(2) of Section 12-3.05, aggravated battery of a child or aggravated battery under subdivision (b)(1) of Section 12-3.05, criminal
sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse as described in the Criminal
Code of 1961 or the Criminal Code of 2012, or has been convicted of an offense that resulted in the death of
a child, or has violated a previous order of protection under this Section.
(3) When the court issues an order of protection against any person as
provided by this Section, the court shall direct a copy of such order to the
sheriff of that county. The sheriff shall furnish a copy of the order of
protection to the Illinois State Police within 24 hours of receipt, in the
form and manner required by the Department. The Illinois State Police
shall maintain a complete record and index of the orders of protection and
make this data available to all local law enforcement agencies.
(4) After notice and opportunity for hearing afforded to a person subject
to an order of protection, the order may be modified or extended for a further
specified period or both or may be terminated if the court finds that the best
interests of the minor and the public will be served by the modification,
extension, or termination.
(5) An order of protection may be sought at any time during the course of
any proceeding conducted under this Act. Any person against whom an
order of protection is sought may retain counsel to represent the person at a
hearing,
and has rights to be present at the hearing, to be informed prior to the
hearing in writing of the contents of the petition seeking a protective order
and of the date, place, and time of the hearing, and to cross-examine
witnesses called by the petitioner and to present witnesses and argument in
opposition to the relief sought in the petition.
(6) Diligent efforts shall be made by the petitioner to serve any person
or persons against whom any order of protection is sought with written notice
of the contents of the petition seeking a protective order and of the date,
place and time at which the hearing on the petition is to be held. When a
protective order is being sought in conjunction with a shelter care or
detention hearing, if the court finds that the person against whom the
protective order is being sought has been notified of the hearing or that
diligent efforts have been made to notify the person, the court may conduct a
hearing. If a protective order is sought at any
time other than in conjunction with a shelter care or detention hearing, the
court may not conduct a hearing on the petition in the absence of the person
against whom the order is sought unless the petitioner has notified the person
by personal service at least 3 days before the hearing or has sent written
notice by first class mail to the person's last known address at least 5 days
before the hearing.
(7) A person against whom an order of protection is being sought who is
neither a parent, guardian, or legal custodian or responsible relative as
described in Section 1-5 of this Act or is not a party or respondent as defined
in
that
Section shall not be entitled to the rights provided in that Section. The
person does not have a right to appointed counsel or to be present at
any hearing other than the hearing in which the order of protection is being
sought or a hearing directly pertaining to that order. Unless the court orders
otherwise, the person does not have a right to inspect the court file.
(8) All protective orders entered under this Section shall be in writing.
Unless the person against whom the order was obtained was present in court when
the order was issued, the sheriff, other law enforcement official, or special
process server shall promptly serve that order upon that person and file proof
of that service, in the manner provided for service of process in civil
proceedings. The person against whom the protective order was obtained may
seek a modification of the order by filing a written motion to modify the order
within 7 days
after actual receipt by the person of a copy of the order.
(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)
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705 ILCS 405/5-735
(705 ILCS 405/5-735)
Sec. 5-735. Enforcement of orders of protective supervision or of
protection.
(1) Orders of protective supervision and orders of protection may be
enforced by citation to show cause for contempt of court by reason of any
violation of the order and, where protection of the welfare of the minor so
requires, by the issuance of a warrant to take the alleged violator into
custody and bring the minor before the court.
(2) In any case where an order of protection has been entered, the clerk
of the court may issue to the petitioner, to the minor or to any other person
affected by the order a
certificate stating that an order of protection has been made by the court
concerning those persons and setting forth its terms and requirements. The
presentation of the certificate to any peace officer authorizes the officer to
take
into custody a person charged with violating the terms of the order of
protection, to bring the person before the court and, within the limits of the officer's legal authority as a peace officer, otherwise to aid in securing the
protection the order is intended to afford.
(Source: P.A. 103-22, eff. 8-8-23.)
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705 ILCS 405/5-740
(705 ILCS 405/5-740)
Sec. 5-740. Placement; legal custody or guardianship.
(1) If the court finds that the parents, guardian, or legal custodian of a
minor adjudged a ward of the court 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 that appropriate services aimed at family preservation
and family reunification have been unsuccessful in rectifying the conditions
which have led to a finding of unfitness or inability to care for, protect,
train or discipline the minor, and that it is in the best interest of the minor
to take the minor from the custody of the minor's parents, guardian or
custodian, the
court
may:
(a) place the minor in the custody of a suitable | | relative or other person;
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(b) place the minor under the guardianship of a
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(c) commit the minor to an agency for care or
| | placement, except an institution under the authority of the Department of Juvenile Justice or of the Department of Children and Family Services;
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(d) commit the minor to some licensed training school
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(e) commit the minor to any appropriate institution
| | having among its purposes the care of delinquent children, including a child protective facility maintained by a child protection district serving the county from which commitment is made, but not including any institution under the authority of the Department of Juvenile Justice or of the Department of Children and Family Services.
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(2) When making such placement, the court, wherever possible, shall select
a person holding the same religious belief as that of the minor or a private
agency controlled by persons of like religious faith of the minor and shall
require the Department of Children and
Family Services to otherwise comply with Section 7 of the Children and Family
Services Act in placing the child. In addition, whenever alternative plans for
placement are available, the court shall ascertain and consider, to the extent
appropriate in the particular case, the views and preferences of the minor.
(3) When a minor is placed with a suitable relative or other person, the
court shall appoint the suitable relative or other person the legal custodian or guardian of the person of
the
minor. When a minor is committed to any agency, the court shall appoint the
proper officer or representative of the proper officer as legal custodian or
guardian of the
person of the minor. Legal custodians and guardians of the person of the minor
have the respective rights and duties set forth in subsection (9) of
Section 5-105 except as otherwise provided by order of court; but no guardian
of the person may consent to adoption of the minor. An agency whose
representative is appointed guardian of the person or legal custodian of the
minor may place the minor in any child care facility, but the facility must be
licensed under the Child Care Act of 1969 or have been approved by the
Department of Children and Family Services as meeting the standards established
for such licensing. Like authority and restrictions shall be conferred by the
court upon any probation officer who has been appointed guardian of the person
of a minor.
(4) No placement by any probation officer or agency whose representative
is
appointed guardian of the person or legal custodian of a minor may be made in
any out of State
child care facility unless it complies with the Interstate Compact on the
Placement of Children.
(5) The clerk of the court shall issue to the guardian or legal custodian
of the person a certified copy of the order of court, as proof of the guardian's or legal custodian's
authority. No other process is necessary as authority for the keeping of the
minor.
(6) Legal custody or guardianship granted under this Section continues
until the court otherwise directs, but not after the minor reaches the age of
21 years except as set forth in Section 5-750.
(Source: P.A. 103-22, eff. 8-8-23.)
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705 ILCS 405/5-745
(705 ILCS 405/5-745)
Sec. 5-745. Court review.
(1) The court may require any legal custodian or guardian of the person
appointed under this Act, including the Department of Juvenile Justice for youth committed under Section 5-750 of this Act, to report periodically to the court or may cite the legal custodian or guardian into court and require the legal custodian or guardian, or the legal custodian's or guardian's agency, to make a full
and accurate report of the
doings of the legal custodian, guardian, or agency on behalf of the minor, including efforts to secure post-release placement of the youth after release from the Department's facilities. The legal custodian or
guardian,
within 10 days after the citation, shall make the report, either in writing
verified by affidavit or orally under oath in open court, or otherwise as the
court directs. Upon the hearing of the report the court may remove the legal
custodian or guardian and appoint another in the legal custodian's or guardian's stead or restore the
minor to
the custody of the minor's parents or former guardian or legal custodian.
(2) If the Department of Children and Family Services is appointed legal custodian or guardian of a minor under Section 5-740 of this Act, the Department of Children and Family Services shall file updated case plans with the court every 6 months. Every agency
which has guardianship of a child shall file a supplemental petition for court
review, or review by an administrative body appointed or approved by the court
and further order within 18 months of the sentencing order and each 18 months
thereafter. The petition shall state facts relative to the child's present
condition of physical, mental and emotional health as well as facts relative to the minor's
present custodial or foster care. The petition shall be set for
hearing
and the clerk shall mail 10 days notice of the hearing by certified mail,
return receipt requested, to the person or agency having the physical custody
of the child, the minor and other interested parties unless a
written waiver of notice is filed with the petition.
If the minor is in the custody of the Illinois Department of Children and Family Services, pursuant to an order entered under this Article, the court shall conduct permanency hearings as set out in subsections (1), (2), and (3) of Section 2-28 of Article II of this Act. Rights of wards of the court under this Act are enforceable against any
public agency by complaints for relief by mandamus filed in any proceedings
brought under this Act.
(3) The minor or any person interested in the minor may apply to the court
for a change in custody of the minor and the appointment of a new custodian or
guardian of the person or for the restoration of the minor to the custody of the minor's
parents or former guardian or custodian. In the event that the
minor has
attained 18 years of age and the guardian or custodian petitions the court for
an order terminating the minor's guardianship or custody, guardianship or legal
custody
shall terminate automatically 30 days after the receipt of the petition unless
the
court orders otherwise. No legal custodian or guardian of the person may be
removed without the legal custodian's or guardian's consent until given notice and an opportunity to be
heard by the court.
(4) If the minor is committed to the Department of Juvenile Justice under Section 5-750 of this Act, the Department shall notify the court in writing of the occurrence of any of the following: (a) a critical incident involving a youth committed | | to the Department; as used in this paragraph (a), "critical incident" means any incident that involves a serious risk to the life, health, or well-being of the youth and includes, but is not limited to, an accident or suicide attempt resulting in serious bodily harm or hospitalization, psychiatric hospitalization, alleged or suspected abuse, or escape or attempted escape from custody, filed within 10 days of the occurrence;
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| (b) a youth who has been released by the Prisoner
| | Review Board but remains in a Department facility solely because the youth does not have an approved aftercare release host site, filed within 10 days of the occurrence;
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| (c) a youth, except a youth who has been adjudicated
| | a habitual or violent juvenile offender under Section 5-815 or 5-820 of this Act or committed for first degree murder, who has been held in a Department facility for over one consecutive year; or
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| (d) if a report has been filed under paragraph (c) of
| | this subsection, a supplemental report shall be filed every 6 months thereafter.
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| The notification required by this subsection (4) shall contain a brief description of the incident or situation and a summary of the youth's current physical, mental, and emotional health and the actions the Department took in response to the incident or to identify an aftercare release host site, as applicable. Upon receipt of the notification, the court may require the Department to make a full report under subsection (1) of this Section.
(5) With respect to any report required to be filed with the court under this Section, the Independent Juvenile Ombudsperson shall provide a copy to the minor's court appointed guardian ad litem, if the Department has received written notice of the appointment, and to the minor's attorney, if the Department has received written notice of representation from the attorney. If the Department has a record that a guardian has been appointed for the minor and a record of the last known address of the minor's court appointed guardian, the Independent Juvenile Ombudsperson shall send a notice to the guardian that the report is available and will be provided by the Independent Juvenile Ombudsperson upon request. If the Department has no record regarding the appointment of a guardian for the minor, and the Department's records include the last known addresses of the minor's parents, the Independent Juvenile Ombudsperson shall send a notice to the parents that the report is available and will be provided by the Independent Juvenile Ombudsperson upon request.
(Source: P.A. 103-22, eff. 8-8-23.)
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705 ILCS 405/5-750
(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.
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| (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.
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| (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.
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| (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.
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| (G) Services within the Department of Juvenile
| | Justice that will meet the individualized needs of the minor.
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(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;
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| (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
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| (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.
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| (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
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(b) all reports;
(c) the court's statement of the basis for ordering
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(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;
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| (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;
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| (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;
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| (h-5) a report detailing the minor's criminal history
| | in a manner and form prescribed by the Department of Juvenile Justice;
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| (i) all additional matters which the court directs
| | the clerk to transmit; and
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| (j) all police reports for sex offenses as defined by
| | the Sex Offender Management Board Act.
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(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.)
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705 ILCS 405/5-755
(705 ILCS 405/5-755)
Sec. 5-755. Duration of wardship and discharge of proceedings.
(1) All proceedings under this Act in respect of any minor for whom a
petition was filed on or after the effective date of this amendatory Act of
1998 automatically terminate upon the minor attaining the age of 21 years
except that provided in Section 5-810.
(2) Whenever the court finds that the best interests of the minor and the
public no
longer require the wardship of the court, the court shall order the wardship
terminated and all proceedings under this Act respecting that minor finally
closed and discharged. The court may at the same time continue or terminate
any custodianship or guardianship previously ordered but the termination must
be made in compliance with Section 5-745.
(3) The wardship of the minor and any legal custodianship or guardianship
respecting the minor for whom a petition was filed on or after the effective
date of
this amendatory Act of 1998 automatically terminates when the minor attains the
age of
21 years except as set forth in subsection (1) of this Section. The clerk of
the court shall at that time record all proceedings under this Act as finally
closed and discharged for that reason.
(Source: P.A. 103-22, eff. 8-8-23.)
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