Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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705 ILCS 405/Art. V Pt. 6
(705 ILCS 405/Art. V Pt. 6 heading)
705 ILCS 405/5-601
(705 ILCS 405/5-601)
(1) When a petition has been filed alleging that the minor is a
delinquent, a trial
must be held within 120 days of a written demand for such hearing made by any
except that when the State, without success, has exercised due diligence to
obtain evidence material to the case and there are reasonable grounds to
believe that the evidence may be obtained at a later date, the court may, upon
motion by the State, continue the trial for not more than 30 additional days.
(2) If a minor respondent has multiple delinquency petitions pending
against him or her in the same county and simultaneously demands a trial upon
one delinquency petition pending against him or her in the same county, he or
receive a trial or have a finding, after waiver of trial, upon at least one
such petition before expiration relative to any of the pending
petitions of the period described by this Section. All remaining petitions
thus pending against the minor respondent shall be adjudicated within 160 days
from the date on which a finding relative to the first petition prosecuted
is rendered under Section 5-620 of this Article, or, if the trial upon the
first petition is terminated without a finding and there is no subsequent
trial, or adjudication after waiver of trial, on the first petition within a
reasonable time, the minor shall receive a trial upon all of the remaining
petitions within 160 days from the date on which the trial, or finding after
waiver of trial, on the first petition is concluded. If either such period of
160 days expires without the commencement of trial, or adjudication after
waiver of trial, of any of the remaining pending petitions, the petition or
be dismissed and barred for want of prosecution unless the delay is occasioned
by any of the reasons described in this Section.
(3) When no such trial is held within the time required by subsections (1)
and (2) of this Section, the court shall, upon motion by any party, dismiss the
petition with prejudice.
(4) Without affecting the applicability of the tolling and multiple
prosecution provisions of subsections (8) and (2) of this Section when a
petition has been filed alleging that the minor is a delinquent and the minor
is in detention or shelter care, the trial shall be held within 30 calendar
days after the date of the order directing detention or shelter care, or the
earliest possible date in compliance with the provisions of Section 5-525 as to
parent, guardian or legal custodian, but no later than 45 calendar days from
the date of the order of the court directing detention or shelter care. When
the petition alleges the minor has committed an offense involving a controlled
substance as defined in the Illinois Controlled Substances Act or methamphetamine as defined in the Methamphetamine Control and Community Protection Act, the court may,
upon motion of the State, continue the trial
for receipt of a confirmatory laboratory report for up to 45 days after the
date of the order directing detention or shelter care. When the petition
alleges the minor committed an offense that involves the death of, great bodily
harm to or sexual assault or aggravated criminal sexual abuse on a victim, the
court may, upon motion of the State, continue the trial for not more than 70
calendar days after the date of the order directing detention or shelter
Any failure to comply with the time limits of this Section shall require the
immediate release of the minor from detention, and the time limits set forth in
subsections (1) and (2) shall apply.
(5) If the court determines that the State, without success, has exercised
due diligence to obtain the results of DNA testing that is material to the
case, and that there are reasonable grounds to believe that the results may be
obtained at a later date, the court may
continue the cause on application of the State for not more than 120 additional
days. The court may also extend the period of detention of the minor for not
more than 120 additional days.
(6) If the State's Attorney makes a written request that a proceeding
be designated an extended juvenile jurisdiction prosecution, and the minor is
in detention, the period the minor can be held in detention pursuant to
shall be extended an additional 30 days after the court determines whether the
proceeding will be designated an extended juvenile jurisdiction prosecution or
the State's Attorney withdraws the request for extended juvenile jurisdiction
(7) When the State's Attorney files a motion for waiver of jurisdiction
Section 5-805, and the minor is in detention, the period the minor can be held
detention pursuant to subsection (4), shall be extended an additional 30 days
court denies motion for waiver of jurisdiction or the State's Attorney
withdraws the motion for waiver of jurisdiction.
(8) The period in which a trial shall be held as prescribed by subsections
(1), (2), (3), (4), (5), (6), or (7) of this Section is tolled by: (i) delay
by the minor; (ii) a continuance allowed pursuant to Section 114-4 of the Code
of Criminal Procedure of 1963 after the court's determination of the minor's
incapacity for trial; (iii) an interlocutory appeal;
(iv) an examination of fitness ordered pursuant to Section 104-13 of the Code
Procedure of 1963; (v) a fitness hearing; or (vi) an adjudication of unfitness
for trial. Any such delay shall temporarily suspend, for the time of the
delay, the period within which a trial must be held as prescribed by
subsections (1), (2), (4), (5), and (6) of this Section. On the day of
expiration of the delays the period shall continue at the point at which
the time was suspended.
(9) Nothing in this Section prevents the minor or the minor's parents,
or legal custodian from exercising their respective rights to waive the time
limits set forth in this Section.
(Source: P.A. 94-556, eff. 9-11-05.)
705 ILCS 405/5-605
(705 ILCS 405/5-605)
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 his or her 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 his or her 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 his or her 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 he or she 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 his or her
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 he 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, he or she 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 he or she 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 his or her 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 he or she 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 his or her 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. 97-1150, eff. 1-25-13.)
705 ILCS 405/5-610
(705 ILCS 405/5-610)
Guardian ad litem and appointment of attorney.
(1) The court may appoint a guardian ad litem for the minor whenever it
finds that there may be a conflict of interest between the minor and his
or her parent, guardian or legal custodian or that it is otherwise in the
minor's interest to do so.
(2) Unless the guardian ad litem is an attorney, he or she shall be
(3) The reasonable fees of a guardian ad litem appointed under this
Section shall be fixed by the court and charged to the parents of the minor, to
the extent they are able to pay. If the parents are unable to pay those fees,
they shall be paid from the general fund of the
(4) If, during the court proceedings, the parents, guardian, or legal
custodian prove that he or she has an actual conflict of interest with the
minor in that delinquency proceeding and that the parents, guardian, or legal
custodian are indigent, the court shall appoint a separate attorney for that
parent, guardian, or legal custodian.
(5) A guardian ad litem appointed under this Section for a minor who is in the custody or guardianship of the Department of Children and Family Services or who has an open intact family services case with the Department of Children and Family Services is entitled to receive copies of any and all classified reports of child abuse or neglect made pursuant to the Abused and Neglected Child Reporting Act in which the minor, who is the subject of the report under the Abused and Neglected Child Reporting Act, is also a minor for whom the guardian ad litem is appointed under this Act. The Department of Children and Family Services' obligation under this subsection to provide reports to a guardian ad litem for a minor with an open intact family services case applies only if the guardian ad litem notified the Department in writing of the representation.
(Source: P.A. 100-158, eff. 1-1-18
705 ILCS 405/5-615
(705 ILCS 405/5-615)
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.
(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
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) pay costs;
(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) contribute to his or her 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 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
(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
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)
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
psychiatric treatment rendered by a psychiatrist or psychological treatment
rendered by a
clinical psychologist. The condition may be in addition to any other
(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.
(Source: P.A. 100-159, eff. 8-18-17; 100-759, eff. 1-1-19; 101-2, eff. 7-1-19
705 ILCS 405/5-620
(705 ILCS 405/5-620)
After hearing the evidence, the court shall make and note in the minutes of
the proceeding a finding of whether or not the minor is guilty. If it finds
that the minor is not guilty, the court shall order the petition dismissed and
the minor discharged from any detention or restriction previously ordered in
such proceeding. If the court finds that the minor is guilty, the court shall
then set a time for a sentencing hearing to be conducted under Section 5-705 at
which hearing the court shall determine whether it is in the best interests of
the minor and the public that he or she be made a ward of the court. To assist
the court in making this and other determinations at the sentencing hearing,
the court may order that an investigation be conducted and a social
investigation report be prepared.
(Source: P.A. 90-590, eff. 1-1-99.)
705 ILCS 405/5-622
(705 ILCS 405/5-622)
(Source: P.A. 96-707, eff. 1-1-10. Repealed by P.A. 100-285, eff. 1-1-18
705 ILCS 405/5-625
(705 ILCS 405/5-625)
Absence of minor.
(1) When a minor after arrest and an initial court appearance for a felony,
fails to appear for trial, at the request of the State and after the State has
affirmatively proven through substantial evidence that the minor is willfully
avoiding trial, the court may commence trial in the absence of the minor. The
absent minor must be represented by retained or appointed counsel. If trial
had previously commenced in the presence of the minor and the minor willfully
absents himself for 2 successive court days, the court shall proceed to
trial. All procedural rights guaranteed by the United States Constitution,
Constitution of the State of Illinois, statutes of the State of Illinois, and
rules of court shall apply to the proceedings the same as if the minor
were present in court. The court may set the case for a trial which may be
conducted under this Section despite the failure of the minor to appear at the
hearing at which the trial date is set. When the trial date is set the clerk
shall send to the minor, by certified mail at his or her last known address,
the new date which has been set for trial. The notification shall be required
when the minor was not personally present in open court at the time when the
case was set for trial.
(2) The absence of the minor from a trial conducted under this Section
does not operate as a bar to concluding the trial, to a finding of guilty
resulting from the trial, or to a final disposition of the trial in favor of
(3) Upon a finding or verdict of not guilty the court shall enter finding
minor. Upon a finding or verdict
of guilty, the court shall set a date for the hearing of post-trial motions and
shall hear the motion in the absence of the minor. If post-trial motions are
denied, the court shall proceed to conduct a sentencing hearing and to impose a
sentence upon the minor. A social investigation is waived if the minor is
(4) A minor who is absent for part of the proceedings of trial, post-trial
motions, or sentencing, does not thereby forfeit his or her right to be present
(5) When a minor who in his or her absence has been either found guilty or
sentenced or both found guilty and sentenced appears before the court, he or
be granted a new trial or a new sentencing hearing if the minor can establish
that his or her failure to appear in court was both without his or her fault
and due to
circumstances beyond his or her control. A hearing with notice to the
State's Attorney on the minors request for a new trial or a new sentencing
hearing must be held before any such request may be granted. At any such
hearing both the minor and the State may present evidence.
(6) If the court grants only the minor's request for a new sentencing
hearing, then a new sentencing hearing shall be held in accordance with the
provisions of this Article.
At any such hearing, both the minor and the State may offer
evidence of the minor's conduct during his or her period of absence from the
The court may impose any sentence authorized by this Article and in the case of
an extended juvenile jurisdiction prosecution the Unified
Code of Corrections and is not in any way limited or restricted by any sentence
(7) A minor whose motion under subsection (5) for a new trial or new
sentencing hearing has been denied may file a notice of appeal from the denial.
The notice may also include a request for review of the finding and sentence
not vacated by the trial court.
(Source: P.A. 90-590, eff. 1-1-99.)