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90_HB3621
705 ILCS 405/5-6 from Ch. 37, par. 805-6
705 ILCS 405/5-315
Amends the Juvenile Court Act of 1987. Provides that the
teen court may sentence minors who committed acts that would
constitute criminal offenses, other than crimes of violence
(now only misdemeanors). Provides that the teen court jury
must reside within 5 miles of the minor who is being
sentenced by the teen jury. If Senate Bill 363 becomes law
reinstates the teen court provisions in Public Act 90-402
with the changes made by this amendatory Act.
LRB9010839RCgc
LRB9010839RCgc
1 AN ACT in relation to teen court.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Juvenile Court Act of 1987 is amended, if
5 and only if Senate Bill 363 of the 90th General Assembly does
6 not become law, by changing Section 5-6 as follows:
7 (705 ILCS 405/5-6) (from Ch. 37, par. 805-6)
8 Sec. 5-6. Duty of officer; admissions by minor.
9 (1) A law enforcement officer who takes a minor into
10 custody with a warrant shall immediately make a reasonable
11 attempt to notify the parent or other person legally
12 responsible for the minor's care or the person with whom the
13 minor resides that the minor has been taken into custody and
14 where he or she is being held; and the officer shall without
15 unnecessary delay take the minor to the nearest juvenile
16 police officer designated for such purposes in the county of
17 venue or shall surrender the minor to a juvenile police
18 officer in the city or village where the offense is alleged
19 to have been committed.
20 The minor shall be delivered without unnecessary delay to
21 the court or to the place designated by rule or order of
22 court for the reception of minors.
23 (2) A law enforcement officer who takes a minor into
24 custody without a warrant under Section 5-5 shall, if the
25 minor is not released, immediately make a reasonable attempt
26 to notify the parent or other person legally responsible for
27 the minor's care or the person with whom the minor resides
28 that the minor has been taken into custody and where the
29 minor is being held; and the law enforcement officer shall
30 without unnecessary delay take the minor to the nearest
31 juvenile police officer designated for such purposes in the
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1 county of venue or shall surrender the minor to a juvenile
2 police officer in the city or village where the offense is
3 alleged to have been committed.
4 (3) The juvenile police officer may take one of the
5 following actions:
6 (a) station adjustment with release of the minor;
7 (b) station adjustment with release of the minor to
8 a parent;
9 (c) station adjustment, release of the minor to a
10 parent, and referral of the case to community services;
11 (d) station adjustment, release of the minor to a
12 parent, and referral of the case to community services
13 with informal monitoring by a juvenile police officer;
14 (e) station adjustment and release of the minor to
15 a third person pursuant to agreement of the minor and
16 parents;
17 (f) station adjustment, release of the minor to a
18 third person pursuant to agreement of the minor and
19 parents, and referral of the case to community services;
20 (g) station adjustment, release of the minor to a
21 third person pursuant to agreement of the minor and
22 parent, and referral to community services with informal
23 monitoring by a juvenile police officer;
24 (h) release of the minor to his or her parents and
25 referral of the case to a county juvenile probation
26 officer or such other public officer designated by the
27 court;
28 (i) if the juvenile police officer reasonably
29 believes that there is an urgent and immediate necessity
30 to keep the minor in custody, the juvenile police officer
31 shall deliver the minor without unnecessary delay to the
32 court or to the place designated by rule or order of
33 court for the reception of minors;
34 (j) if the minor and a parent or guardian consent
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1 in writing, the juvenile police officer may condition the
2 minor's release upon his or her agreement to perform
3 public or community service subject to Sections 1-12 and
4 1-13 of this Act or to make restitution for damages; and
5 (k) any other appropriate action with consent of
6 the minor and a parent.
7 (3.5) (a) The county board or corporate
8 authorities of a municipality, or both, may create or
9 contract with a community based organization for teen
10 court programs so that private or public funds could be
11 solicited for a teen court program. A minor who is taken
12 into custody for an act that if committed by an adult
13 would constitute a criminal offense, other than a crime
14 of violence as defined in the Crime Victims Compensation
15 Act, misdemeanor may be referred to a teen court by the
16 Office of the State's Attorney as a diversion from
17 prosecution or by the juvenile police officer as a
18 station adjustment if a teen court program has been
19 established in the county or municipality where the act
20 was committed by the minor, the minor has not been
21 previously adjudicated a delinquent minor, and the minor
22 has not previously been referred to the teen court. The
23 minor and the minor's parent or legal guardian must
24 approve, in writing, the minor's participation in the
25 teen court program and shall be informed of the possible
26 penalties the court may impose.
27 (b) The county or municipality that created the
28 teen court program shall appoint a person to supervise
29 the program.
30 (c) The teen court shall consist of a jury composed
31 of 12 persons who are at least 10 years of age but under
32 19 years of age who reside within a 5 mile geographic
33 area of the minor.
34 (d) The teen court shall be presided over by a
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1 licensed attorney-at-law of this State or by a student
2 attending a law school approved by the Illinois Supreme
3 Court who has completed at least 1/3 of the curriculum
4 required for graduation who shall act as a judge.
5 (e) The prosecutor in the case shall be a person at
6 least 10 years of age but under 19 years of age. The
7 minor may be represented by a person at least 10 years of
8 age but under 19 years of age.
9 (f) A person who personally knows the minor who is
10 being tried by the teen court may not serve on the teen
11 court jury. With the consent of the supervisor of the
12 teen court program, a person who personally knows the
13 minor who is being tried may prosecute or represent the
14 minor at the proceedings.
15 (g) All teen court jury members, teen court
16 attorneys, judges, and observers are required to sign the
17 following oath of confidentiality prior to commencing
18 teen court proceedings:
19 "I solemnly swear or affirm that I will not
20 divulge, either by words or signs, any information
21 about actual cases which comes to my knowledge in
22 the course of a teen court case presentation and
23 that I will keep secret all proceedings which may be
24 held in my presence.
25 Further, I understand that if I break
26 confidentiality by telling anyone else the names of
27 teen court defendants or any other specific details
28 of the case which may identify that juvenile, I will
29 no longer be able to serve as a teen court
30 participant."
31 (h) A parent or legal guardian of the minor must be
32 present at the teen court proceeding.
33 (i) The teen court jury shall only be a sentencing
34 jury, in that it may order the minor to pay restitution
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1 or perform community service or any other requirements
2 set out in writing by the program in advance of the
3 minor's participation.
4 (j) No person shall be liable for any injury
5 occurring to any person performing community service or
6 other activities ordered by the teen court, except for
7 willful or wanton conduct.
8 (4) The factors to be considered in determining whether
9 to release or keep a minor in custody shall include:
10 (a) the nature of the allegations against the
11 minor;
12 (b) the minor's history and present situation;
13 (c) the history of the minor's family and the
14 family's present situation;
15 (d) the educational and employment status of the
16 minor;
17 (e) the availability of special resource or
18 community services to aid or counsel the minor;
19 (f) the minor's past involvement with and progress
20 in social programs;
21 (g) the attitude of complainant and community
22 toward the minor; and
23 (h) the present attitude of the minor and family.
24 (5) The records of law enforcement officers concerning
25 all minors taken into custody under this Act shall be
26 maintained separate from the records of arrests and may not
27 be inspected by or disclosed to the public except by order of
28 the court.
29 (Source: P.A. 90-402, eff. 1-1-98.)
30 Section 10. The Juvenile Court Act of 1987 is amended,
31 if and only if Senate Bill 363 of the 90th General Assembly
32 becomes law, by changing Section 5-315 as follows:
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1 (705 ILCS 405/5-315)
2 Sec. 5-315. Teen court. The county board or corporate
3 authorities of a municipality, or both, may create or
4 contract with a community based organization for teen court
5 programs so that private or public funds could be solicited
6 for a teen court program. A minor who is taken into custody
7 for an act if committed by an adult would constitute a
8 criminal offense, other than a crime of violence as defined
9 in the Crime Victims Compensation Act, may be referred to a
10 teen court program. A minor who is taken into custody for an
11 act that if committed by an adult would constitute a criminal
12 offense, other than a crime of violence as defined in the
13 Crime Victims Compensation Act, may be referred to a teen
14 court by the Office of the State's Attorney as a diversion
15 from prosecution or by the juvenile police officer as a
16 station adjustment if a teen court program has been
17 established in the county or municipality where the act was
18 committed by the minor, the minor has not been previously
19 adjudicated a delinquent minor, and the minor has not
20 previously been referred to the teen court. The minor and
21 the minor's parent or legal guardian must approve, in
22 writing, the minor's participation in the teen court program
23 and shall be informed of the possible penalties the court may
24 impose.
25 (b) The county or municipality that created the
26 teen court program shall appoint a person to supervise
27 the program.
28 (c) The teen court shall consist of a jury composed
29 of 12 persons who are at least 10 years of age but under
30 19 years of age who reside within a 5 mile geographic
31 area of the minor.
32 (d) The teen court shall be presided over by a
33 licensed attorney-at-law of this State or by a student
34 attending a law school approved by the Illinois Supreme
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1 Court who has completed at least 1/3 of the curriculum
2 required for graduation who shall act as a judge.
3 (e) The prosecutor in the case shall be a person at
4 least 10 years of age but under 19 years of age. The
5 minor may be represented by a person at least 10 years of
6 age but under 19 years of age.
7 (f) A person who personally knows the minor who is
8 being tried by the teen court may not serve on the teen
9 court jury. With the consent of the supervisor of the
10 teen court program, a person who personally knows the
11 minor who is being tried may prosecute or represent the
12 minor at the proceedings.
13 (g) All teen court jury members, teen court
14 attorneys, judges, and observers are required to sign the
15 following oath of confidentiality prior to commencing
16 teen court proceedings:
17 "I solemnly swear or affirm that I will not
18 divulge, either by words or signs, any information
19 about actual cases which comes to my knowledge in
20 the course of a teen court case presentation and
21 that I will keep secret all proceedings which may be
22 held in my presence.
23 Further, I understand that if I break
24 confidentiality by telling anyone else the names of
25 teen court defendants or any other specific details
26 of the case which may identify that juvenile, I will
27 no longer be able to serve as a teen court
28 participant."
29 (h) A parent or legal guardian of the minor must be
30 present at the teen court proceeding.
31 (i) The teen court jury shall only be a sentencing
32 jury, in that it may order the minor to pay restitution
33 or perform community service or any other requirements
34 set out in writing by the program in advance of the
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1 minor's participation.
2 (j) No person shall be liable for any injury
3 occurring to any person performing community service or
4 other activities ordered by the teen court, except for
5 willful or wanton conduct..
6 (Source: 90SB0363enr.)