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91_SB1360eng SB1360 Engrossed LRB9111041WHmb 1 AN ACT to re-enact Article V of the Juvenile Court Act of 2 1987. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 1. Purpose. 6 (1) The General Assembly finds and declares that: 7 (i) Sections 5-15, 45-905, and 50-4 of Public Act 8 88-680, effective January 1, 1995, contained provisions 9 amending the Juvenile Court Act of 1987. 10 (ii) In addition, Public Act 88-680 was entitled 11 "AN ACT to create a Safe Neighborhoods Law". (A) Article 12 5 was entitled JUVENILE JUSTICE and amended the Juvenile 13 Court Act of 1987. (B) Article 15 was entitled GANGS and 14 amended various provisions of the Criminal Code of 1961 15 and the Unified Code of Corrections. (C) Article 20 was 16 entitled ALCOHOL ABUSE and amended various provisions of 17 the Illinois Vehicle Code. (D) Article 25 was entitled 18 DRUG ABUSE and amended the Cannabis Control Act and the 19 Illinois Controlled Substances Act. (E) Article 30 was 20 entitled FIREARMS and amended the Criminal Code of 1961 21 and the Code of Criminal Procedure of 1963. (F) Article 22 35 amended the Criminal Code of 1961, the Rights of Crime 23 Victims and Witnesses Act, and the Unified Code of 24 Corrections. (G) Article 40 amended the Criminal Code of 25 1961 to increase the penalty for compelling organization 26 membership of persons. (H) Article 45 created the Secure 27 Residential Youth Care Facility Licensing Act and amended 28 the State Finance Act, the Juvenile Court Act of 1987, 29 the Unified Code of Corrections, and the Private 30 Correctional Facility Moratorium Act. (I) Article 50 31 amended the WIC Vendor Management Act, the Firearm Owners 32 Identification Card Act, the Juvenile Court Act of 1987, SB1360 Engrossed -2- LRB9111041WHmb 1 the Criminal Code of 1961, the Wrongs to Children Act, 2 and the Unified Code of Corrections. 3 (iii) On December 2, 1999, the Illinois Supreme 4 Court, in People v. Cervantes, Docket No. 87229, ruled 5 that Public Act 88-680 violates the single subject clause 6 of the Illinois Constitution (Article IV, Section 8 (d)) 7 and was unconstitutional in its entirety. 8 (iv) The juvenile justice issues addressed by 9 Public Act 88-680 are of vital concern to the people of 10 this State and legislative action concerning those 11 provisions is necessary. 12 (2) The Sections of the Juvenile Court Act of 1987 13 contained in Public Act 88-680 were repealed by Public Act 14 90-590 and replaced by new Sections of Article V of the 15 Juvenile Court Act of 1987. This Act re-enacts Article V of 16 the Juvenile Court Act of 1987, including subsequent 17 amendments. This re-enactment is intended to remove any 18 question as to the validity or content of the provisions of 19 the Juvenile Court Act of 1987 that were contained in Public 20 Act 88-680 as those provisions have been subsequently 21 amended. 22 (3) This Act re-enacts Article V of the Juvenile Court 23 Act of 1987, including subsequent amendments, to remove any 24 question as to the validity or content of the provisions of 25 the Juvenile Court Act of 1987 that were contained in Public 26 Act 88-680; it is not intended to supersede any other Public 27 Act that amends Article V of the Juvenile Court Act of 1987. 28 The material is shown as existing text (i.e., without 29 underscoring). 30 (4) Article V of the Juvenile Court Act of 1987 is set 31 forth in its entirety only because of the substantial 32 revision of Article V by Public Act 90-590. There is no need 33 to re-enact Article V in its entirety; however, it is 34 re-enacted in this Act to remove all doubt as to its SB1360 Engrossed -3- LRB9111041WHmb 1 vaildity. 2 Section 5. The Juvenile Court Act of 1987 is amended by 3 re-enacting Article V as follows: 4 ARTICLE V 5 PART 1. GENERAL PROVISIONS 6 (705 ILCS 405/5-101) 7 Sec. 5-101. Purpose and policy. 8 (1) It is the intent of the General Assembly to promote 9 a juvenile justice system capable of dealing with the problem 10 of juvenile delinquency, a system that will protect the 11 community, impose accountability for violations of law and 12 equip juvenile offenders with competencies to live 13 responsibly and productively. To effectuate this intent, the 14 General Assembly declares the following to be important 15 purposes of this Article: 16 (a) To protect citizens from juvenile crime. 17 (b) To hold each juvenile offender directly 18 accountable for his or her acts. 19 (c) To provide an individualized assessment of each 20 alleged and adjudicated delinquent juvenile, in order to 21 rehabilitate and to prevent further delinquent behavior 22 through the development of competency in the juvenile 23 offender. As used in this Section, "competency" means 24 the development of educational, vocational, social, 25 emotional and basic life skills which enable a minor to 26 mature into a productive member of society. 27 (d) To provide due process, as required by the 28 Constitutions of the United States and the State of 29 Illinois, through which each juvenile offender and all 30 other interested parties are assured fair hearings at 31 which legal rights are recognized and enforced. SB1360 Engrossed -4- LRB9111041WHmb 1 (2) To accomplish these goals, juvenile justice policies 2 developed pursuant to this Article shall be designed to: 3 (a) Promote the development and implementation of 4 community-based programs designed to prevent unlawful and 5 delinquent behavior and to effectively minimize the depth 6 and duration of the minor's involvement in the juvenile 7 justice system; 8 (b) Provide secure confinement for minors who 9 present a danger to the community and make those minors 10 understand that sanctions for serious crimes, 11 particularly violent felonies, should be commensurate 12 with the seriousness of the offense and merit strong 13 punishment; 14 (c) Protect the community from crimes committed by 15 minors; 16 (d) Provide programs and services that are 17 community-based and that are in close proximity to the 18 minor's home; 19 (e) Allow minors to reside within their homes 20 whenever possible and appropriate and provide support 21 necessary to make this possible; 22 (f) Base probation treatment planning upon 23 individual case management plans; 24 (g) Include the minor's family in the case 25 management plan; 26 (h) Provide supervision and service coordination 27 where appropriate; implement and monitor the case 28 management plan in order to discourage recidivism; 29 (i) Provide post-release services to minors who are 30 returned to their families and communities after 31 detention; 32 (j) Hold minors accountable for their unlawful 33 behavior and not allow minors to think that their 34 delinquent acts have no consequence for themselves and SB1360 Engrossed -5- LRB9111041WHmb 1 others. 2 (3) In all procedures under this Article, minors shall 3 have all the procedural rights of adults in criminal 4 proceedings, unless specifically precluded by laws that 5 enhance the protection of such minors. Minors shall not have 6 the right to a jury trial unless specifically provided by 7 this Article. 8 (Source: P.A. 90-590, eff. 1-1-99.) 9 (705 ILCS 405/5-105) 10 Sec. 5-105. Definitions. As used in this Article: 11 (1) "Court" means the circuit court in a session or 12 division assigned to hear proceedings under this Act, and 13 includes the term Juvenile Court. 14 (2) "Community service" means uncompensated labor for a 15 community service agency as hereinafter defined. 16 (2.5) "Community service agency" means a not-for-profit 17 organization, community organization, public office, or other 18 public body whose purpose is to enhance the physical or 19 mental health of a delinquent minor or to rehabilitate the 20 minor, or to improve the environmental quality or social 21 welfare of the community which agrees to accept community 22 service from juvenile delinquents and to report on the 23 progress of the community service to the State's Attorney 24 pursuant to an agreement or to the court or to any agency 25 designated by the court if so ordered. 26 (3) "Delinquent minor" means any minor who prior to his 27 or her 17th birthday has violated or attempted to violate, 28 regardless of where the act occurred, any federal or State 29 law, county or municipal ordinance. 30 (4) "Department" means the Department of Human Services 31 unless specifically referenced as another department. 32 (5) "Detention" means the temporary care of a minor who 33 is alleged to be or has been adjudicated delinquent and who SB1360 Engrossed -6- LRB9111041WHmb 1 requires secure custody for the minor's own protection or the 2 community's protection in a facility designed to physically 3 restrict the minor's movements, pending disposition by the 4 court or execution of an order of the court for placement or 5 commitment. Design features that physically restrict 6 movement include, but are not limited to, locked rooms and 7 the secure handcuffing of a minor to a rail or other 8 stationary object. In addition, "detention" includes the 9 court ordered care of an alleged or adjudicated delinquent 10 minor who requires secure custody pursuant to Section 5-125 11 of this Act. 12 (6) "Diversion" means the referral of a juvenile, 13 without court intervention, into a program that provides 14 services designed to educate the juvenile and develop a 15 productive and responsible approach to living in the 16 community. 17 (7) "Juvenile detention home" means a public facility 18 with specially trained staff that conforms to the county 19 juvenile detention standards promulgated by the Department of 20 Corrections. 21 (8) "Juvenile justice continuum" means a set of 22 delinquency prevention programs and services designed for the 23 purpose of preventing or reducing delinquent acts, including 24 criminal activity by youth gangs, as well as intervention, 25 rehabilitation, and prevention services targeted at minors 26 who have committed delinquent acts, and minors who have 27 previously been committed to residential treatment programs 28 for delinquents. The term includes 29 children-in-need-of-services and families-in-need-of-services 30 programs; aftercare and reentry services; substance abuse and 31 mental health programs; community service programs; community 32 service work programs; and alternative-dispute resolution 33 programs serving youth-at-risk of delinquency and their 34 families, whether offered or delivered by State or local SB1360 Engrossed -7- LRB9111041WHmb 1 governmental entities, public or private for-profit or 2 not-for-profit organizations, or religious or charitable 3 organizations. This term would also encompass any program or 4 service consistent with the purpose of those programs and 5 services enumerated in this subsection. 6 (9) "Juvenile police officer" means a sworn police 7 officer who has completed a Basic Recruit Training Course, 8 has been assigned to the position of juvenile police officer 9 by his or her chief law enforcement officer and has completed 10 the necessary juvenile officers training as prescribed by the 11 Illinois Law Enforcement Training Standards Board, or in the 12 case of a State police officer, juvenile officer training 13 approved by the Director of State Police. 14 (10) "Minor" means a person under the age of 21 years 15 subject to this Act. 16 (11) "Non-secure custody" means confinement where the 17 minor is not physically restricted by being placed in a 18 locked cell or room, by being handcuffed to a rail or other 19 stationary object, or by other means. Non-secure custody may 20 include, but is not limited to, electronic monitoring, foster 21 home placement, home confinement, group home placement, or 22 physical restriction of movement or activity solely through 23 facility staff. 24 (12) "Public or community service" means uncompensated 25 labor for a non-profit organization or public body whose 26 purpose is to enhance physical or mental stability of the 27 offender, environmental quality or the social welfare and 28 which agrees to accept public or community service from 29 offenders and to report on the progress of the offender and 30 the public or community service to the court. 31 (13) "Sentencing hearing" means a hearing to determine 32 whether a minor should be adjudged a ward of the court, and 33 to determine what sentence should be imposed on the minor. 34 It is the intent of the General Assembly that the term SB1360 Engrossed -8- LRB9111041WHmb 1 "sentencing hearing" replace the term "dispositional hearing" 2 and be synonymous with that definition as it was used in the 3 Juvenile Court Act of 1987. 4 (14) "Shelter" means the temporary care of a minor in 5 physically unrestricting facilities pending court disposition 6 or execution of court order for placement. 7 (15) "Site" means a non-profit organization or public 8 body agreeing to accept community service from offenders and 9 to report on the progress of ordered public or community 10 service to the court or its delegate. 11 (16) "Station adjustment" means the informal or formal 12 handling of an alleged offender by a juvenile police officer. 13 (17) "Trial" means a hearing to determine whether the 14 allegations of a petition under Section 5-520 that a minor is 15 delinquent are proved beyond a reasonable doubt. It is the 16 intent of the General Assembly that the term "trial" replace 17 the term "adjudicatory hearing" and be synonymous with that 18 definition as it was used in the Juvenile Court Act of 1987. 19 (Source: P.A. 90-590, eff. 1-1-99.) 20 (705 ILCS 405/5-110) 21 Sec. 5-110. Parental responsibility. This Article 22 recognizes the critical role families play in the 23 rehabilitation of delinquent juveniles. Parents, guardians 24 and legal custodians shall participate in the assessment and 25 treatment of juveniles by assisting the juvenile to recognize 26 and accept responsibility for his or her delinquent behavior. 27 The Court may order the parents, guardian or legal custodian 28 to take certain actions or to refrain from certain actions to 29 serve public safety, to develop competency of the minor, and 30 to promote accountability by the minor for his or her 31 actions. 32 (Source: P.A. 90-590, eff. 1-1-99.) SB1360 Engrossed -9- LRB9111041WHmb 1 (705 ILCS 405/5-115) 2 Sec. 5-115. Rights of victims. In all proceedings under 3 this Article, victims shall have the same rights of victims 4 in criminal proceedings as provided in the Bill of Rights for 5 Children and the Rights of Crime Victims and Witnesses Act. 6 (Source: P.A. 90-590, eff. 1-1-99.) 7 (705 ILCS 405/5-120) 8 Sec. 5-120. Exclusive jurisdiction. Proceedings may be 9 instituted under the provisions of this Article concerning 10 any minor who prior to the minor's 17th birthday has violated 11 or attempted to violate, regardless of where the act 12 occurred, any federal or State law or municipal or county 13 ordinance. Except as provided in Sections 5-125, 5-130, 14 5-805, and 5-810 of this Article, no minor who was under 17 15 years of age at the time of the alleged offense may be 16 prosecuted under the criminal laws of this State. 17 (Source: P.A. 90-590, eff. 1-1-99.) 18 (705 ILCS 405/5-125) 19 Sec. 5-125. Concurrent jurisdiction. Any minor alleged 20 to have violated a traffic, boating, or fish and game law, or 21 a municipal or county ordinance, may be prosecuted for the 22 violation and if found guilty punished under any statute or 23 ordinance relating to the violation, without reference to the 24 procedures set out in this Article, except that any 25 detention, must be in compliance with this Article. 26 For the purpose of this Section, "traffic violation" 27 shall include a violation of Section 9-3 of the Criminal 28 Code of 1961 relating to the offense of reckless homicide, 29 Section 11-501 of the Illinois Vehicle Code, or any similar 30 county or municipal ordinance. 31 (Source: P.A. 90-590, eff. 1-1-99.) SB1360 Engrossed -10- LRB9111041WHmb 1 (705 ILCS 405/5-130) 2 Sec. 5-130. Excluded jurisdiction. 3 (1) (a) The definition of delinquent minor under Section 4 5-120 of this Article shall not apply to any minor who at the 5 time of an offense was at least 15 years of age and who is 6 charged with first degree murder, aggravated criminal sexual 7 assault, aggravated battery with a firearm committed in a 8 school, on the real property comprising a school, within 9 1,000 feet of the real property comprising a school, at a 10 school related activity, or on, boarding, or departing from 11 any conveyance owned, leased, or contracted by a school or 12 school district to transport students to or from school or a 13 school related activity regardless of the time of day or time 14 of year that the offense was committed, armed robbery when 15 the armed robbery was committed with a firearm, or aggravated 16 vehicular hijacking when the hijacking was committed with a 17 firearm. 18 These charges and all other charges arising out of the 19 same incident shall be prosecuted under the criminal laws of 20 this State. 21 For purposes of this paragraph (a) of subsection (l): 22 "School" means a public or private elementary or 23 secondary school, community college, college, or university. 24 "School related activity" means any sporting, social, 25 academic or other activity for which students' attendance or 26 participation is sponsored, organized, or funded in whole or 27 in part by a school or school district. 28 (b) (i) If before trial or plea an information or 29 indictment is filed that does not charge an offense specified 30 in paragraph (a) of this subsection (1) the State's Attorney 31 may proceed on any lesser charge or charges, but only in 32 Juvenile Court under the provisions of this Article. The 33 State's Attorney may proceed under the Criminal Code of 1961 34 on a lesser charge if before trial the minor defendant SB1360 Engrossed -11- LRB9111041WHmb 1 knowingly and with advice of counsel waives, in writing, his 2 or her right to have the matter proceed in Juvenile Court. 3 (ii) If before trial or plea an information or 4 indictment is filed that includes one or more charges 5 specified in paragraph (a) of this subsection (1) and 6 additional charges that are not specified in that paragraph, 7 all of the charges arising out of the same incident shall be 8 prosecuted under the Criminal Code of 1961. 9 (c) (i) If after trial or plea the minor is convicted of 10 any offense covered by paragraph (a) of this subsection (1), 11 then, in sentencing the minor, the court shall have available 12 any or all dispositions prescribed for that offense under 13 Chapter V of the Unified Code of Corrections. 14 (ii) If after trial or plea the court finds that the 15 minor committed an offense not covered by paragraph (a) of 16 this subsection (1), that finding shall not invalidate the 17 verdict or the prosecution of the minor under the criminal 18 laws of the State; however, unless the State requests a 19 hearing for the purpose of sentencing the minor under Chapter 20 V of the Unified Code of Corrections, the Court must proceed 21 under Sections 5-705 and 5-710 of this Article. To request a 22 hearing, the State must file a written motion within 10 days 23 following the entry of a finding or the return of a verdict. 24 Reasonable notice of the motion shall be given to the minor 25 or his or her counsel. If the motion is made by the State, 26 the court shall conduct a hearing to determine if the minor 27 should be sentenced under Chapter V of the Unified Code of 28 Corrections. In making its determination, the court shall 29 consider among other matters: (a) whether there is evidence 30 that the offense was committed in an aggressive and 31 premeditated manner; (b) the age of the minor; (c) the 32 previous history of the minor; (d) whether there are 33 facilities particularly available to the Juvenile Court or 34 the Department of Corrections, Juvenile Division, for the SB1360 Engrossed -12- LRB9111041WHmb 1 treatment and rehabilitation of the minor; (e) whether the 2 security of the public requires sentencing under Chapter V of 3 the Unified Code of Corrections; and (f) whether the minor 4 possessed a deadly weapon when committing the offense. The 5 rules of evidence shall be the same as if at trial. If after 6 the hearing the court finds that the minor should be 7 sentenced under Chapter V of the Unified Code of Corrections, 8 then the court shall sentence the minor accordingly having 9 available to it any or all dispositions so prescribed. 10 (2) (a) The definition of a delinquent minor under 11 Section 5-120 of this Article shall not apply to any minor 12 who at the time of the offense was at least 15 years of age 13 and who is charged with an offense under Section 401 of the 14 Illinois Controlled Substances Act, while in a school, 15 regardless of the time of day or the time of year, or any 16 conveyance owned, leased or contracted by a school to 17 transport students to or from school or a school related 18 activity, or residential property owned, operated or managed 19 by a public housing agency or leased by a public housing 20 agency as part of a scattered site or mixed-income 21 development, on the real property comprising any school, 22 regardless of the time of day or the time of year, or 23 residential property owned, operated or managed by a public 24 housing agency or leased by a public housing agency as part 25 of a scattered site or mixed-income development, or on a 26 public way within 1,000 feet of the real property comprising 27 any school, regardless of the time of day or the time of 28 year, or residential property owned, operated or managed by a 29 public housing agency or leased by a public housing agency as 30 part of a scattered site or mixed-income development. School 31 is defined, for the purposes of this Section, as any public 32 or private elementary or secondary school, community college, 33 college, or university. These charges and all other charges 34 arising out of the same incident shall be prosecuted under SB1360 Engrossed -13- LRB9111041WHmb 1 the criminal laws of this State. 2 (b) (i) If before trial or plea an information or 3 indictment is filed that does not charge an offense specified 4 in paragraph (a) of this subsection (2) the State's Attorney 5 may proceed on any lesser charge or charges, but only in 6 Juvenile Court under the provisions of this Article. The 7 State's Attorney may proceed under the criminal laws of this 8 State on a lesser charge if before trial the minor defendant 9 knowingly and with advice of counsel waives, in writing, his 10 or her right to have the matter proceed in Juvenile Court. 11 (ii) If before trial or plea an information or 12 indictment is filed that includes one or more charges 13 specified in paragraph (a) of this subsection (2) and 14 additional charges that are not specified in that paragraph, 15 all of the charges arising out of the same incident shall be 16 prosecuted under the criminal laws of this State. 17 (c) (i) If after trial or plea the minor is convicted of 18 any offense covered by paragraph (a) of this subsection (2), 19 then, in sentencing the minor, the court shall have available 20 any or all dispositions prescribed for that offense under 21 Chapter V of the Unified Code of Corrections. 22 (ii) If after trial or plea the court finds that the 23 minor committed an offense not covered by paragraph (a) of 24 this subsection (2), that finding shall not invalidate the 25 verdict or the prosecution of the minor under the criminal 26 laws of the State; however, unless the State requests a 27 hearing for the purpose of sentencing the minor under Chapter 28 V of the Unified Code of Corrections, the Court must proceed 29 under Sections 5-705 and 5-710 of this Article. To request a 30 hearing, the State must file a written motion within 10 days 31 following the entry of a finding or the return of a verdict. 32 Reasonable notice of the motion shall be given to the minor 33 or his or her counsel. If the motion is made by the State, 34 the court shall conduct a hearing to determine if the minor SB1360 Engrossed -14- LRB9111041WHmb 1 should be sentenced under Chapter V of the Unified Code of 2 Corrections. In making its determination, the court shall 3 consider among other matters: (a) whether there is evidence 4 that the offense was committed in an aggressive and 5 premeditated manner; (b) the age of the minor; (c) the 6 previous history of the minor; (d) whether there are 7 facilities particularly available to the Juvenile Court or 8 the Department of Corrections, Juvenile Division, for the 9 treatment and rehabilitation of the minor; (e) whether the 10 security of the public requires sentencing under Chapter V of 11 the Unified Code of Corrections; and (f) whether the minor 12 possessed a deadly weapon when committing the offense. The 13 rules of evidence shall be the same as if at trial. If after 14 the hearing the court finds that the minor should be 15 sentenced under Chapter V of the Unified Code of Corrections, 16 then the court shall sentence the minor accordingly having 17 available to it any or all dispositions so prescribed. 18 (3) (a) The definition of delinquent minor under Section 19 5-120 of this Article shall not apply to any minor who at the 20 time of the offense was at least 15 years of age and who is 21 charged with a violation of the provisions of paragraph (1), 22 (3), (4), or (10) of subsection (a) of Section 24-1 of the 23 Criminal Code of 1961 while in school, regardless of the time 24 of day or the time of year, or on the real property 25 comprising any school, regardless of the time of day or the 26 time of year. School is defined, for purposes of this Section 27 as any public or private elementary or secondary school, 28 community college, college, or university. These charges and 29 all other charges arising out of the same incident shall be 30 prosecuted under the criminal laws of this State. 31 (b) (i) If before trial or plea an information or 32 indictment is filed that does not charge an offense specified 33 in paragraph (a) of this subsection (3) the State's Attorney 34 may proceed on any lesser charge or charges, but only in SB1360 Engrossed -15- LRB9111041WHmb 1 Juvenile Court under the provisions of this Article. The 2 State's Attorney may proceed under the criminal laws of this 3 State on a lesser charge if before trial the minor defendant 4 knowingly and with advice of counsel waives, in writing, his 5 or her right to have the matter proceed in Juvenile Court. 6 (ii) If before trial or plea an information or 7 indictment is filed that includes one or more charges 8 specified in paragraph (a) of this subsection (3) and 9 additional charges that are not specified in that paragraph, 10 all of the charges arising out of the same incident shall be 11 prosecuted under the criminal laws of this State. 12 (c) (i) If after trial or plea the minor is convicted of 13 any offense covered by paragraph (a) of this subsection (3), 14 then, in sentencing the minor, the court shall have available 15 any or all dispositions prescribed for that offense under 16 Chapter V of the Unified Code of Corrections. 17 (ii) If after trial or plea the court finds that the 18 minor committed an offense not covered by paragraph (a) of 19 this subsection (3), that finding shall not invalidate the 20 verdict or the prosecution of the minor under the criminal 21 laws of the State; however, unless the State requests a 22 hearing for the purpose of sentencing the minor under Chapter 23 V of the Unified Code of Corrections, the Court must proceed 24 under Sections 5-705 and 5-710 of this Article. To request a 25 hearing, the State must file a written motion within 10 days 26 following the entry of a finding or the return of a verdict. 27 Reasonable notice of the motion shall be given to the minor 28 or his or her counsel. If the motion is made by the State, 29 the court shall conduct a hearing to determine if the minor 30 should be sentenced under Chapter V of the Unified Code of 31 Corrections. In making its determination, the court shall 32 consider among other matters: (a) whether there is evidence 33 that the offense was committed in an aggressive and 34 premeditated manner; (b) the age of the minor; (c) the SB1360 Engrossed -16- LRB9111041WHmb 1 previous history of the minor; (d) whether there are 2 facilities particularly available to the Juvenile Court or 3 the Department of Corrections, Juvenile Division, for the 4 treatment and rehabilitation of the minor; (e) whether the 5 security of the public requires sentencing under Chapter V of 6 the Unified Code of Corrections; and (f) whether the minor 7 possessed a deadly weapon when committing the offense. The 8 rules of evidence shall be the same as if at trial. If after 9 the hearing the court finds that the minor should be 10 sentenced under Chapter V of the Unified Code of Corrections, 11 then the court shall sentence the minor accordingly having 12 available to it any or all dispositions so prescribed. 13 (4) (a) The definition of delinquent minor under Section 14 5-120 of this Article shall not apply to any minor who at the 15 time of an offense was at least 13 years of age and who is 16 charged with first degree murder committed during the course 17 of either aggravated criminal sexual assault, criminal sexual 18 assault, or aggravated kidnaping. However, this subsection 19 (4) does not include a minor charged with first degree murder 20 based exclusively upon the accountability provisions of the 21 Criminal Code of 1961. 22 (b) (i) If before trial or plea an information or 23 indictment is filed that does not charge first degree murder 24 committed during the course of aggravated criminal sexual 25 assault, criminal sexual assault, or aggravated kidnaping, 26 the State's Attorney may proceed on any lesser charge or 27 charges, but only in Juvenile Court under the provisions of 28 this Article. The State's Attorney may proceed under the 29 criminal laws of this State on a lesser charge if before 30 trial the minor defendant knowingly and with advice of 31 counsel waives, in writing, his or her right to have the 32 matter proceed in Juvenile Court. 33 (ii) If before trial or plea an information or 34 indictment is filed that includes first degree murder SB1360 Engrossed -17- LRB9111041WHmb 1 committed during the course of aggravated criminal sexual 2 assault, criminal sexual assault, or aggravated kidnaping, 3 and additional charges that are not specified in paragraph 4 (a) of this subsection, all of the charges arising out of the 5 same incident shall be prosecuted under the criminal laws of 6 this State. 7 (c) (i) If after trial or plea the minor is convicted of 8 first degree murder committed during the course of aggravated 9 criminal sexual assault, criminal sexual assault, or 10 aggravated kidnaping, in sentencing the minor, the court 11 shall have available any or all dispositions prescribed for 12 that offense under Chapter V of the Unified Code of 13 Corrections. 14 (ii) If the minor was not yet 15 years of age at the 15 time of the offense, and if after trial or plea the court 16 finds that the minor committed an offense other than first 17 degree murder committed during the course of either 18 aggravated criminal sexual assault, criminal sexual assault, 19 or aggravated kidnapping, the finding shall not invalidate 20 the verdict or the prosecution of the minor under the 21 criminal laws of the State; however, unless the State 22 requests a hearing for the purpose of sentencing the minor 23 under Chapter V of the Unified Code of Corrections, the Court 24 must proceed under Sections 5-705 and 5-710 of this Article. 25 To request a hearing, the State must file a written motion 26 within 10 days following the entry of a finding or the return 27 of a verdict. Reasonable notice of the motion shall be given 28 to the minor or his or her counsel. If the motion is made by 29 the State, the court shall conduct a hearing to determine 30 whether the minor should be sentenced under Chapter V of the 31 Unified Code of Corrections. In making its determination, 32 the court shall consider among other matters: (a) whether 33 there is evidence that the offense was committed in an 34 aggressive and premeditated manner; (b) the age of the SB1360 Engrossed -18- LRB9111041WHmb 1 minor; (c) the previous delinquent history of the minor; 2 (d) whether there are facilities particularly available to 3 the Juvenile Court or the Department of Corrections, Juvenile 4 Division, for the treatment and rehabilitation of the minor; 5 (e) whether the best interest of the minor and the security 6 of the public require sentencing under Chapter V of the 7 Unified Code of Corrections; and (f) whether the minor 8 possessed a deadly weapon when committing the offense. The 9 rules of evidence shall be the same as if at trial. If after 10 the hearing the court finds that the minor should be 11 sentenced under Chapter V of the Unified Code of Corrections, 12 then the court shall sentence the minor accordingly having 13 available to it any or all dispositions so prescribed. 14 (5) (a) The definition of delinquent minor under Section 15 5-120 of this Article shall not apply to any minor who is 16 charged with a violation of subsection (a) of Section 31-6 or 17 Section 32-10 of the Criminal Code of 1961 when the minor is 18 subject to prosecution under the criminal laws of this State 19 as a result of the application of the provisions of Section 20 5-125, or subsection (1) or (2) of this Section. These 21 charges and all other charges arising out of the same 22 incident shall be prosecuted under the criminal laws of this 23 State. 24 (b) (i) If before trial or plea an information or 25 indictment is filed that does not charge an offense specified 26 in paragraph (a) of this subsection (5), the State's Attorney 27 may proceed on any lesser charge or charges, but only in 28 Juvenile Court under the provisions of this Article. The 29 State's Attorney may proceed under the criminal laws of this 30 State on a lesser charge if before trial the minor defendant 31 knowingly and with advice of counsel waives, in writing, his 32 or her right to have the matter proceed in Juvenile Court. 33 (ii) If before trial or plea an information or 34 indictment is filed that includes one or more charges SB1360 Engrossed -19- LRB9111041WHmb 1 specified in paragraph (a) of this subsection (5) and 2 additional charges that are not specified in that paragraph, 3 all of the charges arising out of the same incident shall be 4 prosecuted under the criminal laws of this State. 5 (c) (i) If after trial or plea the minor is convicted of 6 any offense covered by paragraph (a) of this subsection (5), 7 then, in sentencing the minor, the court shall have available 8 any or all dispositions prescribed for that offense under 9 Chapter V of the Unified Code of Corrections. 10 (ii) If after trial or plea the court finds that the 11 minor committed an offense not covered by paragraph (a) of 12 this subsection (5), the conviction shall not invalidate the 13 verdict or the prosecution of the minor under the criminal 14 laws of this State; however, unless the State requests a 15 hearing for the purpose of sentencing the minor under Chapter 16 V of the Unified Code of Corrections, the Court must proceed 17 under Sections 5-705 and 5-710 of this Article. To request a 18 hearing, the State must file a written motion within 10 days 19 following the entry of a finding or the return of a verdict. 20 Reasonable notice of the motion shall be given to the minor 21 or his or her counsel. If the motion is made by the State, 22 the court shall conduct a hearing to determine if whether the 23 minor should be sentenced under Chapter V of the Unified Code 24 of Corrections. In making its determination, the court shall 25 consider among other matters: (a) whether there is evidence 26 that the offense was committed in an aggressive and 27 premeditated manner; (b) the age of the minor; (c) the 28 previous delinquent history of the minor; (d) whether there 29 are facilities particularly available to the Juvenile Court 30 or the Department of Corrections, Juvenile Division, for the 31 treatment and rehabilitation of the minor; (e) whether the 32 security of the public requires sentencing under Chapter V of 33 the Unified Code of Corrections; and (f) whether the minor 34 possessed a deadly weapon when committing the offense. The SB1360 Engrossed -20- LRB9111041WHmb 1 rules of evidence shall be the same as if at trial. If after 2 the hearing the court finds that the minor should be 3 sentenced under Chapter V of the Unified Code of Corrections, 4 then the court shall sentence the minor accordingly having 5 available to it any or all dispositions so prescribed. 6 (6) The definition of delinquent minor under Section 7 5-120 of this Article shall not apply to any minor who, 8 pursuant to subsection (1), (2), or (3) or Section 5-805, or 9 5-810, has previously been placed under the jurisdiction of 10 the criminal court and has been convicted of a crime under an 11 adult criminal or penal statute. Such a minor shall be 12 subject to prosecution under the criminal laws of this State. 13 (7) The procedures set out in this Article for the 14 investigation, arrest and prosecution of juvenile offenders 15 shall not apply to minors who are excluded from jurisdiction 16 of the Juvenile Court, except that minors under 17 years of 17 age shall be kept separate from confined adults. 18 (8) Nothing in this Act prohibits or limits the 19 prosecution of any minor for an offense committed on or after 20 his or her 17th birthday even though he or she is at the time 21 of the offense a ward of the court. 22 (9) If an original petition for adjudication of wardship 23 alleges the commission by a minor 13 years of age or over of 24 an act that constitutes a crime under the laws of this State, 25 the minor, with the consent of his or her counsel, may, at 26 any time before commencement of the adjudicatory hearing, 27 file with the court a motion that criminal prosecution be 28 ordered and that the petition be dismissed insofar as the act 29 or acts involved in the criminal proceedings are concerned. 30 If such a motion is filed as herein provided, the court shall 31 enter its order accordingly. 32 (Source: P.A. 90-590, eff. 1-1-99; 91-15, eff. 1-1-00; 33 91-673, eff. 12-22-99; revised 1-7-00.) SB1360 Engrossed -21- LRB9111041WHmb 1 (705 ILCS 405/5-135) 2 Sec. 5-135. Venue. 3 (1) Venue under this Article lies in the county where 4 the minor resides, where the alleged violation or attempted 5 violation of federal or State law or county or municipal 6 ordinance occurred or in the county where the order of the 7 court, alleged to have been violated by the minor, was made 8 unless subsequent to the order the proceedings have been 9 transferred to another county. 10 (2) If proceedings are commenced in any county other 11 than that of the minor's residence, the court in which the 12 proceedings were initiated may at any time before or after 13 adjudication of wardship transfer the case to the county of 14 the minor's residence by transmitting to the court in that 15 county an authenticated copy of the court record, including 16 all documents, petitions and orders filed in that court, a 17 copy of all reports prepared by the agency providing services 18 to the minor, and the minute orders and docket entries of the 19 court. Transfer in like manner may be made in the event of a 20 change of residence from one county to another of a minor 21 concerning whom proceedings are pending. 22 (Source: P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.) 23 (705 ILCS 405/5-140) 24 Sec. 5-140. Legislative findings. 25 (a) The General Assembly finds that a substantial and 26 disproportionate amount of serious crime is committed by a 27 relatively small number of juvenile offenders, otherwise 28 known as serious habitual offenders. By this amendatory Act 29 of 1998, the General Assembly intends to support the efforts 30 of the juvenile justice system comprised of law enforcement, 31 state's attorneys, probation departments, juvenile courts, 32 social service providers, and schools in the early 33 identification and treatment of habitual juvenile offenders. SB1360 Engrossed -22- LRB9111041WHmb 1 The General Assembly further supports increased interagency 2 efforts to gather comprehensive data and actively disseminate 3 the data to the agencies in the juvenile justice system to 4 produce more informed decisions by all entities in that 5 system. 6 (b) The General Assembly finds that the establishment of 7 a Serious Habitual Offender Comprehensive Action Program 8 throughout the State of Illinois is necessary to effectively 9 intensify the supervision of serious habitual juvenile 10 offenders in the community and to enhance current 11 rehabilitative efforts. A cooperative and coordinated 12 multi-disciplinary approach will increase the opportunity for 13 success with juvenile offenders and assist in the development 14 of early intervention strategies. 15 (Source: P.A. 90-590, eff. 1-1-99.) 16 (705 ILCS 405/5-145) 17 Sec. 5-145. Cooperation of agencies; Serious Habitual 18 Offender Comprehensive Action Program. 19 (a) The Serious Habitual Offender Comprehensive Action 20 Program (SHOCAP) is a multi-disciplinary interagency case 21 management and information sharing system that enables the 22 juvenile justice system, schools, and social service agencies 23 to make more informed decisions regarding a small number of 24 juveniles who repeatedly commit serious delinquent acts. 25 (b) Each county in the State of Illinois, other than 26 Cook County, may establish a multi-disciplinary agency 27 (SHOCAP) committee. In Cook County, each subcircuit or group 28 of subcircuits may establish a multi-disciplinary agency 29 (SHOCAP) committee. The committee shall consist of 30 representatives from the following agencies: local law 31 enforcement, area school district, state's attorney's office, 32 and court services (probation). 33 The chairman may appoint additional members to the SB1360 Engrossed -23- LRB9111041WHmb 1 committee as deemed appropriate to accomplish the goals of 2 this program, including, but not limited to, representatives 3 from the juvenile detention center, mental health, the 4 Illinois Department of Children and Family Services, 5 Department of Human Services and community representatives at 6 large. 7 (c) The SHOCAP committee shall adopt, by a majority of 8 the members: 9 (1) criteria that will identify those who qualify 10 as a serious habitual juvenile offender; and 11 (2) a written interagency information sharing 12 agreement to be signed by the chief executive officer of 13 each of the agencies represented on the committee. The 14 interagency information sharing agreement shall include a 15 provision that requires that all records pertaining to a 16 serious habitual offender (SHO) shall be confidential. 17 Disclosure of information may be made to other staff from 18 member agencies as authorized by the SHOCAP committee for 19 the furtherance of case management and tracking of the 20 SHO. Staff from the member agencies who receive this 21 information shall be governed by the confidentiality 22 provisions of this Act. The staff from the member 23 agencies who will qualify to have access to the SHOCAP 24 information must be limited to those individuals who 25 provide direct services to the SHO or who provide 26 supervision of the SHO. 27 (d) The Chief Juvenile Circuit Judge, or the Chief 28 Circuit Judge, or his or her designee, may issue a 29 comprehensive information sharing court order. The court 30 order shall allow agencies who are represented on the SHOCAP 31 committee and whose chief executive officer has signed the 32 interagency information sharing agreement to provide and 33 disclose information to the SHOCAP committee. The sharing of 34 information will ensure the coordination and cooperation of SB1360 Engrossed -24- LRB9111041WHmb 1 all agencies represented in providing case management and 2 enhancing the effectiveness of the SHOCAP efforts. 3 (e) Any person or agency who is participating in good 4 faith in the sharing of SHOCAP information under this Act 5 shall have immunity from any liability, civil, criminal, or 6 otherwise, that might result by reason of the type of 7 information exchanged. For the purpose of any proceedings, 8 civil or criminal, the good faith of any person or agency 9 permitted to share SHOCAP information under this Act shall be 10 presumed. 11 (f) All reports concerning SHOCAP clients made available 12 to members of the SHOCAP committee and all records generated 13 from these reports shall be confidential and shall not be 14 disclosed, except as specifically authorized by this Act or 15 other applicable law. It is a Class A misdemeanor to permit, 16 assist, or encourage the unauthorized release of any 17 information contained in SHOCAP reports or records. 18 (Source: P.A. 90-590, eff. 1-1-99.) 19 (705 ILCS 405/5-150) 20 Sec. 5-150. Admissibility of evidence and adjudications 21 in other proceedings. 22 (1) Evidence and adjudications in proceedings under this 23 Act shall be admissible: 24 (a) in subsequent proceedings under this Act 25 concerning the same minor; or 26 (b) in criminal proceedings when the court is to 27 determine the amount of bail, fitness of the defendant or 28 in sentencing under the Unified Code of Corrections; or 29 (c) in proceedings under this Act or in criminal 30 proceedings in which anyone who has been adjudicated 31 delinquent under Section 5-105 is to be a witness 32 including the minor or defendant if he or she testifies, 33 and then only for purposes of impeachment and pursuant to SB1360 Engrossed -25- LRB9111041WHmb 1 the rules of evidence for criminal trials; or 2 (d) in civil proceedings concerning causes of 3 action arising out of the incident or incidents which 4 initially gave rise to the proceedings under this Act. 5 (2) No adjudication or disposition under this Act shall 6 operate to disqualify a minor from subsequently holding 7 public office nor shall operate as a forfeiture of any right, 8 privilege or right to receive any license granted by public 9 authority. 10 (3) The court which adjudicated that a minor has 11 committed any offense relating to motor vehicles prescribed 12 in Sections 4-102 and 4-103 of the Illinois Vehicle Code 13 shall notify the Secretary of State of that adjudication and 14 the notice shall constitute sufficient grounds for revoking 15 that minor's driver's license or permit as provided in 16 Section 6-205 of the Illinois Vehicle Code; no minor shall be 17 considered a criminal by reason thereof, nor shall any such 18 adjudication be considered a conviction. 19 (Source: P.A. 90-590, eff. 1-1-99.) 20 (705 ILCS 405/5-155) 21 Sec. 5-155. Any weapon in possession of a minor found to 22 be a delinquent under Section 5-105 for an offense involving 23 the use of a weapon or for being in possession of a weapon 24 during the commission of an offense shall be confiscated and 25 disposed of by the juvenile court whether the weapon is the 26 property of the minor or his or her parent or guardian. 27 Disposition of the weapon by the court shall be in accordance 28 with Section 24-6 of the Criminal Code of 1961. 29 (Source: P.A. 90-590, eff. 1-1-99.) 30 PART 2. ADMINISTRATION OF JUVENILE JUSTICE 31 CONTINUUM FOR DELINQUENCY PREVENTION SB1360 Engrossed -26- LRB9111041WHmb 1 (705 ILCS 405/5-201) 2 Sec. 5-201. Legislative declaration. The General 3 Assembly recognizes that, despite the large investment of 4 resources committed to address the needs of the juvenile 5 justice system of this State, cost of juvenile crime 6 continues to drain the State's existing financial capacity, 7 and exacts traumatic and tragic physical, psychological and 8 economic damage to victims. The General Assembly further 9 recognizes that many adults in the criminal justice system 10 were once delinquents in the juvenile justice system. The 11 General Assembly also recognizes that the most effective 12 juvenile delinquency programs are programs that not only 13 prevent children from entering the juvenile justice system, 14 but also meet local community needs and have substantial 15 community involvement and support. Therefore, it is the 16 belief of the General Assembly that one of the best 17 investments of the scarce resources available to combat crime 18 is in the prevention of delinquency, including prevention of 19 criminal activity by youth gangs. It is the intent of the 20 General Assembly to authorize and encourage each of the 21 counties of the State to establish a comprehensive juvenile 22 justice plan based upon the input of representatives of every 23 affected public or private entity, organization, or group. 24 It is the further intent of the General Assembly that 25 representatives of school systems, the judiciary, law 26 enforcement, and the community acquire a thorough 27 understanding of the role and responsibility that each has in 28 addressing juvenile crime in the community, that the county 29 juvenile justice plan reflect an understanding of the legal 30 and fiscal limits within which the plan must be implemented, 31 and that willingness of the parties to cooperate and 32 collaborate in implementing the plan be explicitly stated. 33 It is the further intent of the General Assembly that county 34 juvenile justice plans form the basis of regional and State SB1360 Engrossed -27- LRB9111041WHmb 1 juvenile justice plans and that the prevention and treatment 2 resources at the county, regional, and State levels be 3 utilized to the maximum extent possible to implement and 4 further the goals of their respective plans. 5 (Source: P.A. 90-590, eff. 1-1-99.) 6 PART 3. IMMEDIATE INTERVENTION PROCEDURES 7 (705 ILCS 405/5-300) 8 Sec. 5-300. Legislative Declaration. The General 9 Assembly recognizes that a major component of any continuum 10 for delinquency prevention is a series of immediate 11 interaction programs. It is the belief of the General 12 Assembly that each community or group of communities is best 13 suited to develop and implement immediate intervention 14 programs to identify and redirect delinquent youth. The 15 following programs and procedures for immediate intervention 16 are authorized options for communities, and are not intended 17 to be exclusive or mandated. 18 (Source: P.A. 90-590, eff. 1-1-99.) 19 (705 ILCS 405/5-301) 20 Sec. 5-301. Station adjustments. A minor arrested for 21 any offense or a violation of a condition of previous station 22 adjustment may receive a station adjustment for that arrest 23 as provided herein. In deciding whether to impose a station 24 adjustment, either informal or formal, a juvenile police 25 officer shall consider the following factors: 26 (A) The seriousness of the alleged offense. 27 (B) The prior history of delinquency of the minor. 28 (C) The age of the minor. 29 (D) The culpability of the minor in committing the 30 alleged offense. 31 (E) Whether the offense was committed in an aggressive SB1360 Engrossed -28- LRB9111041WHmb 1 or premeditated manner. 2 (F) Whether the minor used or possessed a deadly weapon 3 when committing the alleged offenses. 4 (1) Informal station adjustment. 5 (a) An informal station adjustment is defined as a 6 procedure when a juvenile police officer determines that 7 there is probable cause to believe that the minor has 8 committed an offense. 9 (b) A minor shall receive no more than 3 informal 10 station adjustments statewide for a misdemeanor offense 11 within 3 years without prior approval from the State's 12 Attorney's Office. 13 (c) A minor shall receive no more than 3 informal 14 station adjustments statewide for a felony offense within 15 3 years without prior approval from the State's 16 Attorney's Office. 17 (d) A minor shall receive a combined total of no 18 more than 5 informal station adjustments statewide during 19 his or her minority. 20 (e) The juvenile police officer may make reasonable 21 conditions of an informal station adjustment which may 22 include but are not limited to: 23 (i) Curfew. 24 (ii) Conditions restricting entry into 25 designated geographical areas. 26 (iii) No contact with specified persons. 27 (iv) School attendance. 28 (v) Performing up to 25 hours of community 29 service work. 30 (vi) Community mediation. 31 (vii) Teen court or a peer court. 32 (viii) Restitution limited to 90 days. 33 (f) If the minor refuses or fails to abide by the 34 conditions of an informal station adjustment, the SB1360 Engrossed -29- LRB9111041WHmb 1 juvenile police officer may impose a formal station 2 adjustment or refer the matter to the State's Attorney's 3 Office. 4 (g) An informal station adjustment does not 5 constitute an adjudication of delinquency or a criminal 6 conviction. Beginning January 1, 2000, a record shall 7 be maintained with the Department of State Police for 8 informal station adjustments for offenses that would be a 9 felony if committed by an adult, and may be maintained if 10 the offense would be a misdemeanor. 11 (2) Formal station adjustment. 12 (a) A formal station adjustment is defined as a 13 procedure when a juvenile police officer determines that 14 there is probable cause to believe the minor has 15 committed an offense and an admission by the minor of 16 involvement in the offense. 17 (b) The minor and parent, guardian, or legal 18 custodian must agree in writing to the formal station 19 adjustment and must be advised of the consequences of 20 violation of any term of the agreement. 21 (c) The minor and parent, guardian or legal 22 custodian shall be provided a copy of the signed 23 agreement of the formal station adjustment. The 24 agreement shall include: 25 (i) The offense which formed the basis of the 26 formal station adjustment. 27 (ii) An acknowledgment that the terms of the 28 formal station adjustment and the consequences for 29 violation have been explained. 30 (iii) An acknowledgment that the formal 31 station adjustments record may be expunged under 32 Section 5-915 of this Act. 33 (iv) An acknowledgement that the minor 34 understands that his or her admission of involvement SB1360 Engrossed -30- LRB9111041WHmb 1 in the offense may be admitted into evidence in 2 future court hearings. 3 (v) A statement that all parties understand 4 the terms and conditions of formal station 5 adjustment and agree to the formal station 6 adjustment process. 7 (d) Conditions of the formal station adjustment may 8 include, but are not be limited to: 9 (i) The time shall not exceed 120 days. 10 (ii) The minor shall not violate any laws. 11 (iii) The juvenile police officer may require 12 the minor to comply with additional conditions for 13 the formal station adjustment which may include but 14 are not limited to: 15 (a) Attending school. 16 (b) Abiding by a set curfew. 17 (c) Payment of restitution. 18 (d) Refraining from possessing a firearm 19 or other weapon. 20 (e) Reporting to a police officer at 21 designated times and places, including 22 reporting and verification that the minor is at 23 home at designated hours. 24 (f) Performing up to 25 hours of 25 community service work. 26 (g) Refraining from entering designated 27 geographical areas. 28 (h) Participating in community mediation. 29 (i) Participating in teen court or peer 30 court. 31 (j) Refraining from contact with 32 specified persons. 33 (e) A formal station adjustment does not 34 constitute an adjudication of delinquency or a criminal SB1360 Engrossed -31- LRB9111041WHmb 1 conviction. Beginning January 1, 2000, a record shall be 2 maintained with the Department of State Police for formal 3 station adjustments. 4 (f) A minor or the minor's parent, guardian, or 5 legal custodian, or both the minor and the minor's 6 parent, guardian, or legal custodian, may refuse a formal 7 station adjustment and have the matter referred for court 8 action or other appropriate action. 9 (g) A minor or the minor's parent, guardian, or 10 legal custodian, or both the minor and the minor's 11 parent, guardian, or legal custodian, may within 30 days 12 of the commencement of the formal station adjustment 13 revoke their consent and have the matter referred for 14 court action or other appropriate action. This 15 revocation must be in writing and personally served upon 16 the police officer or his or her supervisor. 17 (h) The admission of the minor as to involvement in 18 the offense shall be admissible at further court hearings 19 as long as the statement would be admissible under the 20 rules of evidence. 21 (i) If the minor violates any term or condition of 22 the formal station adjustment the juvenile police officer 23 shall provide written notice of violation to the minor 24 and the minor's parent, guardian, or legal custodian. 25 After consultation with the minor and the minor's parent, 26 guardian, or legal custodian, the juvenile police officer 27 may take any of the following steps upon violation: 28 (i) Warn the minor of consequences of 29 continued violations and continue the formal station 30 adjustment. 31 (ii) Extend the period of the formal station 32 adjustment up to a total of 180 days. 33 (iii) Extend the hours of community service 34 work up to a total of 40 hours. SB1360 Engrossed -32- LRB9111041WHmb 1 (iv) Terminate the formal station adjustment 2 unsatisfactorily and take no other action. 3 (v) Terminate the formal station adjustment 4 unsatisfactorily and refer the matter to the 5 juvenile court. 6 (j) A minor shall receive no more than 2 formal 7 station adjustments statewide for a felony offense 8 without the State's Attorney's approval within a 3 year 9 period. 10 (k) A minor shall receive no more than 3 formal 11 station adjustments statewide for a misdemeanor offense 12 without the State's Attorney's approval within a 3 year 13 period. 14 (l) The total for formal station adjustments 15 statewide within the period of minority may not exceed 4 16 without the State's Attorney's approval. 17 (m) If the minor is arrested in a jurisdiction 18 where the minor does not reside, the formal station 19 adjustment may be transferred to the jurisdiction where 20 the minor does reside upon written agreement of that 21 jurisdiction to monitor the formal station adjustment. 22 (3) Beginning January 1, 2000, the juvenile police 23 officer making a station adjustment shall assure that 24 information about any offense which would constitute a felony 25 if committed by an adult and may assure that information 26 about a misdemeanor is transmitted to the Department of State 27 Police. 28 (4) The total number of station adjustments, both formal 29 and informal, shall not exceed 9 without the State's 30 Attorney's approval for any minor arrested anywhere in the 31 State. 32 (Source: P.A. 90-590, eff. 1-1-99.) 33 (705 ILCS 405/5-305) SB1360 Engrossed -33- LRB9111041WHmb 1 Sec. 5-305. Probation adjustment. 2 (1) The court may authorize the probation officer to 3 confer in a preliminary conference with a minor who is 4 alleged to have committed an offense, his or her parent, 5 guardian or legal custodian, the victim, the juvenile police 6 officer, the State's Attorney, and other interested persons 7 concerning the advisability of filing a petition under 8 Section 5-520, with a view to adjusting suitable cases 9 without the filing of a petition as provided for in this 10 Article, the probation officer should schedule a conference 11 promptly except when the State's Attorney insists on court 12 action or when the minor has indicated that he or she will 13 demand a judicial hearing and will not comply with a 14 probation adjustment. 15 (1-b) In any case of a minor who is in custody, the 16 holding of a probation adjustment conference does not operate 17 to prolong temporary custody beyond the period permitted by 18 Section 5-415. 19 (2) This Section does not authorize any probation 20 officer to compel any person to appear at any conference, 21 produce any papers, or visit any place. 22 (3) No statement made during a preliminary conference in 23 regard to the offense that is the subject of the conference 24 may be admitted into evidence at an adjudicatory hearing or 25 at any proceeding against the minor under the criminal laws 26 of this State prior to his or her conviction under those 27 laws. 28 (4) When a probation adjustment is appropriate, the 29 probation officer shall promptly formulate a written, 30 non-judicial adjustment plan following the initial 31 conference. 32 (5) Non-judicial probation adjustment plans include but 33 are not limited to the following: 34 (a) up to 6 months informal supervision within the SB1360 Engrossed -34- LRB9111041WHmb 1 family; 2 (b) up to 12 months informal supervision with a 3 probation officer involved; 4 (c) up to 6 months informal supervision with 5 release to a person other than a parent; 6 (d) referral to special educational, counseling, or 7 other rehabilitative social or educational programs; 8 (e) referral to residential treatment programs; 9 (f) participation in a public or community service 10 program or activity; and 11 (g) any other appropriate action with the consent 12 of the minor and a parent. 13 (6) The factors to be considered by the probation 14 officer in formulating a non-judicial probation adjustment 15 plan shall be the same as those limited in subsection (4) of 16 Section 5-405. 17 (7) Beginning January 1, 2000, the probation officer 18 who imposes a probation adjustment plan shall assure that 19 information about an offense which would constitute a felony 20 if committed by an adult, and may assure that information 21 about a misdemeanor offense, is transmitted to the Department 22 of State Police. 23 (Source: P.A. 90-590, eff. 1-1-99.) 24 (705 ILCS 405/5-310) 25 Sec. 5-310. Community mediation program. 26 (1) Program purpose. The purpose of community mediation 27 is to provide a system by which minors who commit delinquent 28 acts may be dealt with in a speedy and informal manner at the 29 community or neighborhood level. The goal is to make the 30 juvenile understand the seriousness of his or her actions and 31 the effect that a crime has on the minor, his or her family, 32 his or her victim and his or her community. In addition, this 33 system offers a method to reduce the ever-increasing SB1360 Engrossed -35- LRB9111041WHmb 1 instances of delinquent acts while permitting the judicial 2 system to deal effectively with cases that are more serious 3 in nature. 4 (2) Community mediation panels. The State's Attorney, or 5 an entity designated by the State's Attorney, may establish 6 community mediation programs designed to provide citizen 7 participation in addressing juvenile delinquency. The 8 State's Attorney, or his or her designee, shall maintain a 9 list of qualified persons who have agreed to serve as 10 community mediators. To the maximum extent possible, panel 11 membership shall reflect the social-economic, racial and 12 ethnic make-up of the community in which the panel sits. The 13 panel shall consist of members with a diverse background in 14 employment, education and life experience. 15 (3) Community mediation cases. 16 (a) Community mediation programs shall provide one 17 or more community mediation panels to informally hear 18 cases that are referred by a police officer as a station 19 adjustment, or a probation officer as a probation 20 adjustment, or referred by the State's Attorney as a 21 diversion from prosecution. 22 (b) Minors who are offered the opportunity to 23 participate in the program must admit responsibility for 24 the offense to be eligible for the program. 25 (4) Disposition of cases. Subsequent to any hearing 26 held, the community mediation panel may: 27 (a) Refer the minor for placement in a 28 community-based nonresidential program. 29 (b) Refer the minor or the minor's family to 30 community counseling. 31 (c) Require the minor to perform up to 100 hours of 32 community service. 33 (d) Require the minor to make restitution in money 34 or in kind in a case involving property damage; however, SB1360 Engrossed -36- LRB9111041WHmb 1 the amount of restitution shall not exceed the amount of 2 actual damage to property. 3 (e) Require the minor and his or her parent, 4 guardian, or legal custodian to undergo an approved 5 screening for substance abuse or use, or both. If the 6 screening indicates a need, a drug and alcohol assessment 7 of the minor and his or her parent, guardian, or legal 8 custodian shall be conducted by an entity licensed by the 9 Department of Human Services, as a successor to the 10 Department of Alcoholism and Substance Abuse. The minor 11 and his or her parent, guardian, or legal custodian shall 12 adhere to and complete all recommendations to obtain drug 13 and alcohol treatment and counseling resulting from the 14 assessment. 15 (f) Require the minor to attend school. 16 (g) Require the minor to attend tutorial sessions. 17 (h) Impose any other restrictions or sanctions that 18 are designed to encourage responsible and acceptable 19 behavior and are agreed upon by the participants of the 20 community mediation proceedings. 21 (5) The agreement shall run no more than 6 months. All 22 community mediation panel members and observers are required 23 to sign the following oath of confidentiality prior to 24 commencing community mediation proceedings: 25 "I solemnly swear or affirm that I will not 26 divulge, either by words or signs, any information 27 about the case which comes to my knowledge in the 28 course of a community mediation presentation and 29 that I will keep secret all proceedings which may be 30 held in my presence. 31 Further, I understand that if I break 32 confidentiality by telling anyone else the names of 33 community mediation participants, except for 34 information pertaining to the community mediation SB1360 Engrossed -37- LRB9111041WHmb 1 panelists themselves, or any other specific details 2 of the case which may identify that juvenile, I will 3 no longer be able to serve as a community mediation 4 panel member or observer." 5 (6) The State's Attorney shall adopt rules and 6 procedures governing administration of the program. 7 (Source: P.A. 90-590, eff. 1-1-99.) 8 (705 ILCS 405/5-315) 9 Sec. 5-315. Teen court. The county board or corporate 10 authorities of a municipality, or both, may create or 11 contract with a community based organization for teen court 12 programs. 13 (Source: P.A. 90-590, eff. 1-1-99.) 14 (705 ILCS 405/5-325) 15 Sec. 5-325. Reports to the State's Attorney. Upon the 16 request of the State's Attorney in the county where it is 17 alleged that a minor has committed a crime, any school or law 18 enforcement agency that has knowledge of those allegations 19 shall forward information or a report concerning the incident 20 to the State's Attorney, provided that the information is not 21 currently protected by any privilege recognized by law or by 22 decision, rule, or order of the Illinois Supreme Court. 23 (Source: P.A. 90-590, eff. 1-1-99.) 24 (705 ILCS 405/5-330) 25 Sec. 5-330. State's Attorney's discretion to prosecute. 26 Nothing in this Article shall divest the authority of the 27 State's Attorney to file appropriate charges for violations 28 of this Article if he or she has probable cause to believe 29 that the violations have occurred. 30 (Source: P.A. 90-590, eff. 1-1-99.) SB1360 Engrossed -38- LRB9111041WHmb 1 PART 4. ARREST AND CUSTODY 2 (705 ILCS 405/5-401) 3 Sec. 5-401. Arrest and taking into custody of a minor. 4 (1) A law enforcement officer may, without a warrant, 5 (a) arrest a minor whom the officer with probable 6 cause believes to be a delinquent minor; or 7 (b) take into custody a minor who has been adjudged 8 a ward of the court and has escaped from any commitment 9 ordered by the court under this Act; or 10 (c) take into custody a minor whom the officer 11 reasonably believes has violated the conditions of 12 probation or supervision ordered by the court. 13 (2) Whenever a petition has been filed under Section 14 5-520 and the court finds that the conduct and behavior of 15 the minor may endanger the health, person, welfare, or 16 property of the minor or others or that the circumstances of 17 his or her home environment may endanger his or her health, 18 person, welfare or property, a warrant may be issued 19 immediately to take the minor into custody. 20 (3) Except for minors accused of violation of an order 21 of the court, any minor accused of any act under federal or 22 State law, or a municipal or county ordinance that would not 23 be illegal if committed by an adult, cannot be placed in a 24 jail, municipal lockup, detention center, or secure 25 correctional facility. Juveniles accused with underage 26 consumption and underage possession of alcohol cannot be 27 placed in a jail, municipal lockup, detention center, or 28 correctional facility. 29 (Source: P.A. 90-590, eff. 1-1-99.) 30 (705 ILCS 405/5-405) 31 Sec. 5-405. Duty of officer; admissions by minor. 32 (1) A law enforcement officer who arrests a minor with a SB1360 Engrossed -39- LRB9111041WHmb 1 warrant shall immediately make a reasonable attempt to notify 2 the parent or other person legally responsible for the 3 minor's care or the person with whom the minor resides that 4 the minor has been arrested and where he or she is being 5 held. The minor shall be delivered without unnecessary delay 6 to the court or to the place designated by rule or order of 7 court for the reception of minors. 8 (2) A law enforcement officer who arrests a minor 9 without a warrant under Section 5-401 shall, if the minor is 10 not released, immediately make a reasonable attempt to notify 11 the parent or other person legally responsible for the 12 minor's care or the person with whom the minor resides that 13 the minor has been arrested and where the minor is being 14 held; and the law enforcement officer shall without 15 unnecessary delay take the minor to the nearest juvenile 16 police officer designated for these 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. If a minor is taken into custody for 20 an offense which would be a misdemeanor if committed by an 21 adult, the law enforcement officer, upon determining the true 22 identity of the minor, may release the minor to the parent or 23 other person legally responsible for the minor's care or the 24 person with whom the minor resides. If a minor is so 25 released, the law enforcement officer shall promptly notify a 26 juvenile police officer of the circumstances of the custody 27 and release. 28 (3) The juvenile police officer may take one of the 29 following actions: 30 (a) station adjustment and release of the minor; 31 (b) release the minor to his or her parents and 32 refer the case to Juvenile Court; 33 (c) if the juvenile police officer reasonably 34 believes that there is an urgent and immediate necessity SB1360 Engrossed -40- LRB9111041WHmb 1 to keep the minor in custody, the juvenile police officer 2 shall deliver the minor without unnecessary delay to the 3 court or to the place designated by rule or order of 4 court for the reception of minors; 5 (d) any other appropriate action with consent of 6 the minor or a parent. 7 (4) The factors to be considered in determining whether 8 to release or keep a minor in custody shall include: 9 (a) the nature of the allegations against the 10 minor; 11 (b) the minor's history and present situation; 12 (c) the history of the minor's family and the 13 family's present situation; 14 (d) the educational and employment status of the 15 minor; 16 (e) the availability of special resource or 17 community services to aid or counsel the minor; 18 (f) the minor's past involvement with and progress 19 in social programs; 20 (g) the attitude of complainant and community 21 toward the minor; and 22 (h) the present attitude of the minor and family. 23 (5) The records of law enforcement officers concerning 24 all minors taken into custody under this Act shall be 25 maintained separate from the records of arrests of adults and 26 may not be inspected by or disclosed to the public except 27 pursuant to Section 5-901 and Section 5-905. 28 (Source: P.A. 90-590, eff. 1-1-99.) 29 (705 ILCS 405/5-410) 30 Sec. 5-410. Non-secure custody or detention. 31 (1) Any minor arrested or taken into custody pursuant to 32 this Act who requires care away from his or her home but who 33 does not require physical restriction shall be given SB1360 Engrossed -41- LRB9111041WHmb 1 temporary care in a foster family home or other shelter 2 facility designated by the court. 3 (2) (a) Any minor 10 years of age or older arrested 4 pursuant to this Act where there is probable cause to believe 5 that the minor is a delinquent minor and that (i) secured 6 custody is a matter of immediate and urgent necessity for the 7 protection of the minor or of the person or property of 8 another, (ii) the minor is likely to flee the jurisdiction of 9 the court, or (iii) the minor was taken into custody under a 10 warrant, may be kept or detained in an authorized detention 11 facility. No minor under 12 years of age shall be detained 12 in a county jail or a municipal lockup for more than 6 hours. 13 (b) The written authorization of the probation officer 14 or detention officer (or other public officer designated by 15 the court in a county having 3,000,000 or more inhabitants) 16 constitutes authority for the superintendent of any juvenile 17 detention home to detain and keep a minor for up to 40 hours, 18 excluding Saturdays, Sundays and court-designated holidays. 19 These records shall be available to the same persons and 20 pursuant to the same conditions as are law enforcement 21 records as provided in Section 5-905. 22 (b-4) The consultation required by subsection (b-5) 23 shall not be applicable if the probation officer or detention 24 officer (or other public officer designated by the court in a 25 county having 3,000,000 or more inhabitants) utilizes a 26 scorable detention screening instrument, which has been 27 developed with input by the State's Attorney, to determine 28 whether a minor should be detained, however, subsection (b-5) 29 shall still be applicable where no such screening instrument 30 is used or where the probation officer, detention officer (or 31 other public officer designated by the court in a county 32 having 3,000,000 or more inhabitants) deviates from the 33 screening instrument. 34 (b-5) Subject to the provisions of subsection (b-4), if SB1360 Engrossed -42- LRB9111041WHmb 1 a probation officer or detention officer (or other public 2 officer designated by the court in a county having 3,000,000 3 or more inhabitants) does not intend to detain a minor for an 4 offense which constitutes one of the following offenses he or 5 she shall consult with the State's Attorney's Office prior to 6 the release of the minor: first degree murder, second degree 7 murder, involuntary manslaughter, criminal sexual assault, 8 aggravated criminal sexual assault, aggravated battery with a 9 firearm, aggravated or heinous battery involving permanent 10 disability or disfigurement or great bodily harm, robbery, 11 aggravated robbery, armed robbery, vehicular hijacking, 12 aggravated vehicular hijacking, vehicular invasion, arson, 13 aggravated arson, kidnapping, aggravated kidnapping, home 14 invasion, burglary, or residential burglary. 15 (c) Except as otherwise provided in paragraph (a), (d), 16 or (e), no minor shall be detained in a county jail or 17 municipal lockup for more than 12 hours, unless the offense 18 is a crime of violence in which case the minor may be 19 detained up to 24 hours. For the purpose of this paragraph, 20 "crime of violence" has the meaning ascribed to it in Section 21 1-10 of the Alcoholism and Other Drug Abuse and Dependency 22 Act. 23 (i) The period of detention is deemed to have begun once 24 the minor has been placed in a locked room or cell or 25 handcuffed to a stationary object in a building housing a 26 county jail or municipal lockup. Time spent transporting a 27 minor is not considered to be time in detention or secure 28 custody. 29 (ii) Any minor so confined shall be under periodic 30 supervision and shall not be permitted to come into or remain 31 in contact with adults in custody in the building. 32 (iii) Upon placement in secure custody in a jail or 33 lockup, the minor shall be informed of the purpose of the 34 detention, the time it is expected to last and the fact that SB1360 Engrossed -43- LRB9111041WHmb 1 it cannot exceed the time specified under this Act. 2 (iv) A log shall be kept which shows the offense which 3 is the basis for the detention, the reasons and circumstances 4 for the decision to detain and the length of time the minor 5 was in detention. 6 (v) Violation of the time limit on detention in a county 7 jail or municipal lockup shall not, in and of itself, render 8 inadmissible evidence obtained as a result of the violation 9 of this time limit. Minors under 17 years of age shall be 10 kept separate from confined adults and may not at any time be 11 kept in the same cell, room or yard with adults confined 12 pursuant to criminal law. Persons 17 years of age and older 13 who have a petition of delinquency filed against them shall 14 be confined in an adult detention facility. 15 (d) (i) If a minor 12 years of age or older is confined 16 in a county jail in a county with a population below 17 3,000,000 inhabitants, then the minor's confinement shall be 18 implemented in such a manner that there will be no contact by 19 sight, sound or otherwise between the minor and adult 20 prisoners. Minors 12 years of age or older must be kept 21 separate from confined adults and may not at any time be kept 22 in the same cell, room, or yard with confined adults. This 23 paragraph (d)(i) shall only apply to confinement pending an 24 adjudicatory hearing and shall not exceed 40 hours, excluding 25 Saturdays, Sundays and court designated holidays. To accept 26 or hold minors during this time period, county jails shall 27 comply with all monitoring standards promulgated by the 28 Department of Corrections and training standards approved by 29 the Illinois Law Enforcement Training Standards Board. 30 (ii) To accept or hold minors, 12 years of age or older, 31 after the time period prescribed in paragraph (d)(i) of this 32 subsection (2) of this Section but not exceeding 7 days 33 including Saturdays, Sundays and holidays pending an 34 adjudicatory hearing, county jails shall comply with all SB1360 Engrossed -44- LRB9111041WHmb 1 temporary detention standards promulgated by the Department 2 of Corrections and training standards approved by the 3 Illinois Law Enforcement Training Standards Board. 4 (iii) To accept or hold minors 12 years of age or older, 5 after the time period prescribed in paragraphs (d)(i) and 6 (d)(ii) of this subsection (2) of this Section, county jails 7 shall comply with all programmatic and training standards for 8 juvenile detention homes promulgated by the Department of 9 Corrections. 10 (e) When a minor who is at least 15 years of age is 11 prosecuted under the criminal laws of this State, the court 12 may enter an order directing that the juvenile be confined in 13 the county jail. However, any juvenile confined in the 14 county jail under this provision shall be separated from 15 adults who are confined in the county jail in such a manner 16 that there will be no contact by sight, sound or otherwise 17 between the juvenile and adult prisoners. 18 (f) For purposes of appearing in a physical lineup, the 19 minor may be taken to a county jail or municipal lockup under 20 the direct and constant supervision of a juvenile police 21 officer. During such time as is necessary to conduct a 22 lineup, and while supervised by a juvenile police officer, 23 the sight and sound separation provisions shall not apply. 24 (g) For purposes of processing a minor, the minor may be 25 taken to a County Jail or municipal lockup under the direct 26 and constant supervision of a law enforcement officer or 27 correctional officer. During such time as is necessary to 28 process the minor, and while supervised by a law enforcement 29 officer or correctional officer, the sight and sound 30 separation provisions shall not apply. 31 (3) If the probation officer or State's Attorney (or 32 such other public officer designated by the court in a county 33 having 3,000,000 or more inhabitants) determines that the 34 minor may be a delinquent minor as described in subsection SB1360 Engrossed -45- LRB9111041WHmb 1 (3) of Section 5-105, and should be retained in custody but 2 does not require physical restriction, the minor may be 3 placed in non-secure custody for up to 40 hours pending a 4 detention hearing. 5 (4) Any minor taken into temporary custody, not 6 requiring secure detention, may, however, be detained in the 7 home of his or her parent or guardian subject to such 8 conditions as the court may impose. 9 (Source: P.A. 90-590, eff. 1-1-99.) 10 (705 ILCS 405/5-407) 11 Sec. 5-407. Processing of juvenile in possession of a 12 firearm. 13 (a) If a law enforcement officer detains a minor 14 pursuant to Section 10-27.1A of the School Code, the officer 15 shall deliver the minor to the nearest juvenile officer, in 16 the manner prescribed by subsection (2) of Section 5-405 of 17 this Act. The juvenile officer shall deliver the minor 18 without unnecessary delay to the court or to the place 19 designated by rule or order of court for the reception of 20 minors. In no event shall the minor be eligible for any 21 other disposition by the juvenile police officer, 22 notwithstanding the provisions of subsection (3) of Section 23 5-405 of this Act. 24 (b) Minors not excluded from this Act's jurisdiction 25 under subsection (3)(a) of Section 5-130 of this Act shall be 26 brought before a judicial officer within 40 hours, exclusive 27 of Saturdays, Sundays, and court-designated holidays, for a 28 detention hearing to determine whether he or she shall be 29 further held in custody. If the court finds that there is 30 probable cause to believe that the minor is a delinquent 31 minor by virtue of his or her violation of item (4) of 32 subsection (a) of Section 24-1 of the Criminal Code of 1961 33 while on school grounds, that finding shall create a SB1360 Engrossed -46- LRB9111041WHmb 1 presumption that immediate and urgent necessity exists under 2 subdivision (2) of Section 5-501 of this Act. Once the 3 presumption of immediate and urgent necessity has been 4 raised, the burden of demonstrating the lack of immediate and 5 urgent necessity shall be on any party that is opposing 6 detention for the minor. Should the court order detention 7 pursuant to this Section, the minor shall be detained, 8 pending the results of a court-ordered psychological 9 evaluation to determine if the minor is a risk to himself, 10 herself, or others. Upon receipt of the psychological 11 evaluation, the court shall review the determination 12 regarding the existence of urgent and immediate necessity. 13 The court shall consider the psychological evaluation in 14 conjunction with the other factors identified in subdivision 15 (2) of Section 5-501 of this Act in order to make a de novo 16 determination regarding whether it is a matter of immediate 17 and urgent necessity for the protection of the minor or of 18 the person or property of another that the minor be detained 19 or placed in a shelter care facility. In addition to the 20 pre-trial conditions found in Section 5-505 of this Act, the 21 court may order the minor to receive counseling and any other 22 services recommended by the psychological evaluation as a 23 condition for release of the minor. 24 (c) Upon making a determination that the student 25 presents a risk to himself, herself, or others, the court 26 shall issue an order restraining the student from entering 27 the property of the school if he or she has been suspended or 28 expelled from the school as a result of possessing a firearm. 29 The order shall restrain the student from entering the school 30 and school owned or leased property, including any conveyance 31 owned, leased, or contracted by the school to transport 32 students to or from school or a school-related activity. The 33 order shall remain in effect until such time as the court 34 determines that the student no longer presents a risk to SB1360 Engrossed -47- LRB9111041WHmb 1 himself, herself, or others. 2 (d) Psychological evaluations ordered pursuant to 3 subsection (b) of this Section and statements made by the 4 minor during the course of these evaluations, shall not be 5 admissible on the issue of delinquency during the course of 6 any adjudicatory hearing held under this Act. 7 (e) In this Section: 8 "School" means any public or private elementary or 9 secondary school. 10 "School grounds" includes the real property comprising 11 any school, any conveyance owned, leased, or contracted by a 12 school to transport students to or from school or a 13 school-related activity, or any public way within 1,000 feet 14 of the real property comprising any school. 15 (Source: P.A. 91-11, eff. 6-4-99.) 16 (705 ILCS 405/5-415) 17 Sec. 5-415. Setting of detention or shelter care 18 hearing; release. 19 (1) Unless sooner released, a minor alleged to be a 20 delinquent minor taken into temporary custody must be brought 21 before a judicial officer within 40 hours for a detention or 22 shelter care hearing to determine whether he or she shall be 23 further held in custody. If a minor alleged to be a 24 delinquent minor taken into custody is hospitalized or is 25 receiving treatment for a physical or mental condition, and 26 is unable to be brought before a judicial officer for a 27 detention or shelter care hearing, the 40 hour period will 28 not commence until the minor is released from the hospital or 29 place of treatment. If the minor gives false information to 30 law enforcement officials regarding the minor's identity or 31 age, the 40 hour period will not commence until the court 32 rules that the minor is subject to this Act and not subject 33 to prosecution under the Criminal Code of 1961. Any other SB1360 Engrossed -48- LRB9111041WHmb 1 delay attributable to a minor alleged to be a delinquent 2 minor who is taken into temporary custody shall act to toll 3 the 40 hour time period. In all cases, the 40 hour time 4 period is exclusive of Saturdays, Sundays and 5 court-designated holidays. 6 (2) If the State's Attorney or probation officer (or 7 other public officer designated by the court in a county 8 having more than 3,000,000 inhabitants) determines that the 9 minor should be retained in custody, he or she shall cause a 10 petition to be filed as provided in Section 5-520 of this 11 Article, and the clerk of the court shall set the matter for 12 hearing on the detention or shelter care hearing calendar. 13 When a parent, legal guardian, custodian, or responsible 14 relative is present and so requests, the detention or shelter 15 care hearing shall be held immediately if the court is in 16 session and the State is ready to proceed, otherwise at the 17 earliest feasible time. The probation officer or such other 18 public officer designated by the court in a county having 19 more than 3,000,000 inhabitants shall notify the minor's 20 parent, legal guardian, custodian, or responsible relative of 21 the time and place of the hearing. The notice may be given 22 orally. 23 (3) The minor must be released from custody at the 24 expiration of the 40 hour period specified by this Section if 25 not brought before a judicial officer within that period. 26 (4) After the initial 40 hour period has lapsed, the 27 court may review the minor's custodial status at any time 28 prior to the trial or sentencing hearing. If during this 29 time period new or additional information becomes available 30 concerning the minor's conduct, the court may conduct a 31 hearing to determine whether the minor should be placed in a 32 detention or shelter care facility. If the court finds that 33 there is probable cause that the minor is a delinquent minor 34 and that it is a matter of immediate and urgent necessity for SB1360 Engrossed -49- LRB9111041WHmb 1 the protection of the minor or of the person or property of 2 another, or that he or she is likely to flee the jurisdiction 3 of the court, the court may order that the minor be placed in 4 detention or shelter care. 5 (Source: P.A. 90-590, eff. 1-1-99.) 6 PART 5. PRETRIAL PROCEEDINGS 7 (705 ILCS 405/5-501) 8 Sec. 5-501. Detention or shelter care hearing. At the 9 appearance of the minor before the court at the detention or 10 shelter care hearing, the court shall receive all relevant 11 information and evidence, including affidavits concerning the 12 allegations made in the petition. Evidence used by the court 13 in its findings or stated in or offered in connection with 14 this Section may be by way of proffer based on reliable 15 information offered by the State or minor. All evidence 16 shall be admissible if it is relevant and reliable regardless 17 of whether it would be admissible under the rules of evidence 18 applicable at a trial. No hearing may be held unless the 19 minor is represented by counsel. 20 (1) If the court finds that there is not probable cause 21 to believe that the minor is a delinquent minor it shall 22 release the minor and dismiss the petition. 23 (2) If the court finds that there is probable cause to 24 believe that the minor is a delinquent minor, the minor, his 25 or her parent, guardian, custodian and other persons able to 26 give relevant testimony may be examined before the court. 27 The court may also consider any evidence by way of proffer 28 based upon reliable information offered by the State or the 29 minor. All evidence, including affidavits, shall be 30 admissible if it is relevant and reliable regardless of 31 whether it would be admissible under the rules of evidence 32 applicable at trial. After such evidence is presented, the SB1360 Engrossed -50- LRB9111041WHmb 1 court may enter an order that the minor shall be released 2 upon the request of a parent, guardian or legal custodian if 3 the parent, guardian or custodian appears to take custody. 4 If the court finds that it is a matter of immediate and 5 urgent necessity for the protection of the minor or of the 6 person or property of another that the minor be detained or 7 placed in a shelter care facility or that he or she is likely 8 to flee the jurisdiction of the court, the court may 9 prescribe detention or shelter care and order that the minor 10 be kept in a suitable place designated by the court or in a 11 shelter care facility designated by the Department of 12 Children and Family Services or a licensed child welfare 13 agency; otherwise it shall release the minor from custody. If 14 the court prescribes shelter care, then in placing the minor, 15 the Department or other agency shall, to the extent 16 compatible with the court's order, comply with Section 7 of 17 the Children and Family Services Act. In making the 18 determination of the existence of immediate and urgent 19 necessity, the court shall consider among other matters: (a) 20 the nature and seriousness of the alleged offense; (b) the 21 minor's record of delinquency offenses, including whether the 22 minor has delinquency cases pending; (c) the minor's record 23 of willful failure to appear following the issuance of a 24 summons or warrant; (d) the availability of non-custodial 25 alternatives, including the presence of a parent, guardian or 26 other responsible relative able and willing to provide 27 supervision and care for the minor and to assure his or her 28 compliance with a summons. If the minor is ordered placed in 29 a shelter care facility of a licensed child welfare agency, 30 the court shall, upon request of the agency, appoint the 31 appropriate agency executive temporary custodian of the minor 32 and the court may enter such other orders related to the 33 temporary custody of the minor as it deems fit and proper. 34 The order together with the court's findings of fact in SB1360 Engrossed -51- LRB9111041WHmb 1 support of the order shall be entered of record in the court. 2 Once the court finds that it is a matter of immediate and 3 urgent necessity for the protection of the minor that the 4 minor be placed in a shelter care facility, the minor shall 5 not be returned to the parent, custodian or guardian until 6 the court finds that the placement is no longer necessary for 7 the protection of the minor. 8 (3) Only when there is reasonable cause to believe that 9 the minor taken into custody is a delinquent minor may the 10 minor be kept or detained in a facility authorized for 11 juvenile detention. This Section shall in no way be 12 construed to limit subsection (4). 13 (4) Minors 12 years of age or older must be kept 14 separate from confined adults and may not at any time be kept 15 in the same cell, room or yard with confined adults. This 16 paragraph (4): 17 (a) shall only apply to confinement pending an 18 adjudicatory hearing and shall not exceed 40 hours, 19 excluding Saturdays, Sundays, and court designated 20 holidays. To accept or hold minors during this time 21 period, county jails shall comply with all monitoring 22 standards for juvenile detention homes promulgated by the 23 Department of Corrections and training standards approved 24 by the Illinois Law Enforcement Training Standards Board. 25 (b) To accept or hold minors, 12 years of age or 26 older, after the time period prescribed in clause (a) of 27 subsection (4) of this Section but not exceeding 7 days 28 including Saturdays, Sundays, and holidays, pending an 29 adjudicatory hearing, county jails shall comply with all 30 temporary detention standards promulgated by the 31 Department of Corrections and training standards approved 32 by the Illinois Law Enforcement Training Standards Board. 33 (c) To accept or hold minors 12 years of age or 34 older, after the time period prescribed in clause (a) and SB1360 Engrossed -52- LRB9111041WHmb 1 (b), of this subsection county jails shall comply with 2 all programmatic and training standards for juvenile 3 detention homes promulgated by the Department of 4 Corrections. 5 (5) If the minor is not brought before a judicial 6 officer within the time period as specified in Section 5-415 7 the minor must immediately be released from custody. 8 (6) If neither the parent, guardian or legal custodian 9 appears within 24 hours to take custody of a minor released 10 from detention or shelter care, then the clerk of the court 11 shall set the matter for rehearing not later than 7 days 12 after the original order and shall issue a summons directed 13 to the parent, guardian or legal custodian to appear. At the 14 same time the probation department shall prepare a report on 15 the minor. If a parent, guardian or legal custodian does not 16 appear at such rehearing, the judge may enter an order 17 prescribing that the minor be kept in a suitable place 18 designated by the Department of Human Services or a licensed 19 child welfare agency. The time during which a minor is in 20 custody after being released upon the request of a parent, 21 guardian or legal custodian shall be considered as time spent 22 in detention for purposes of scheduling the trial. 23 (7) Any party, including the State, the temporary 24 custodian, an agency providing services to the minor or 25 family under a service plan pursuant to Section 8.2 of the 26 Abused and Neglected Child Reporting Act, foster parent, or 27 any of their representatives, may file a motion to modify or 28 vacate a temporary custody order or vacate a detention or 29 shelter care order on any of the following grounds: 30 (a) It is no longer a matter of immediate and 31 urgent necessity that the minor remain in detention or 32 shelter care; or 33 (b) There is a material change in the circumstances 34 of the natural family from which the minor was removed; SB1360 Engrossed -53- LRB9111041WHmb 1 or 2 (c) A person, including a parent, relative or legal 3 guardian, is capable of assuming temporary custody of the 4 minor; or 5 (d) Services provided by the Department of Children 6 and Family Services or a child welfare agency or other 7 service provider have been successful in eliminating the 8 need for temporary custody. 9 The clerk shall set the matter for hearing not later than 10 14 days after such motion is filed. In the event that the 11 court modifies or vacates a temporary order but does not 12 vacate its finding of probable cause, the court may order 13 that appropriate services be continued or initiated in behalf 14 of the minor and his or her family. 15 (8) Whenever a petition has been filed under Section 16 5-520 the court can, at any time prior to trial or 17 sentencing, order that the minor be placed in detention or a 18 shelter care facility after the court conducts a hearing and 19 finds that the conduct and behavior of the minor may endanger 20 the health, person, welfare, or property of himself or others 21 or that the circumstances of his or her home environment may 22 endanger his or her health, person, welfare or property. 23 (Source: P.A. 90-590, eff. 1-1-99.) 24 (705 ILCS 405/5-505) 25 Sec. 5-505. Pre-trial conditions order. 26 (1) If a minor is charged with the commission of a 27 delinquent act, at any appearance of the minor before the 28 court prior to trial, the court may conduct a hearing to 29 determine whether the minor should be required to do any of 30 the following: 31 (a) not violate any criminal statute of any 32 jurisdiction; 33 (b) make a report to and appear in person before SB1360 Engrossed -54- LRB9111041WHmb 1 any person or agency as directed by the court; 2 (c) refrain from possessing a firearm or other 3 dangerous weapon, or an automobile; 4 (d) reside with his or her parents or in a foster 5 home; 6 (e) attend school; 7 (f) attend a non-residential program for youth; 8 (g) comply with curfew requirements as designated 9 by the court; 10 (h) refrain from entering into a designated 11 geographic area except upon terms as the court finds 12 appropriate. The terms may include consideration of the 13 purpose of the entry, the time of day, other persons 14 accompanying the minor, advance approval by the court, 15 and any other terms the court may deem appropriate; 16 (i) refrain from having any contact, directly or 17 indirectly, with certain specified persons or particular 18 types of persons, including but not limited to members of 19 street gangs and drug users or dealers; 20 (j) comply with any other conditions as may be 21 ordered by the court. 22 No hearing may be held unless the minor is represented by 23 counsel. If the court determines that there is probable 24 cause to believe the minor is a delinquent minor and that it 25 is in the best interests of the minor that the court impose 26 any or all of the conditions listed in paragraphs (a) through 27 (j) of this subsection (1), then the court shall order the 28 minor to abide by all of the conditions ordered by the court. 29 (2) If the court issues a pre-trial conditions order as 30 provided in subsection (1), the court shall inform the minor 31 and provide a copy of the pre-trial conditions order 32 effective under this Section. 33 (3) The provisions of the pre-trial conditions order 34 issued under this Section may be continued through the SB1360 Engrossed -55- LRB9111041WHmb 1 sentencing hearing if the court deems the action reasonable 2 and necessary. Nothing in this Section shall preclude the 3 minor from applying to the court at any time for modification 4 or dismissal of the order or the State's Attorney from 5 applying to the court at any time for additional provisions 6 under the pre-trial conditions order, modification of the 7 order, or dismissal of the order. 8 (Source: P.A. 90-590, eff. 1-1-99.) 9 (705 ILCS 405/5-510) 10 Sec. 5-510. Restraining order against juvenile. 11 (1) If a minor is charged with the commission of a 12 delinquent act, the court may conduct a hearing to determine 13 whether an order shall be issued against the minor 14 restraining the minor from harassing, molesting, 15 intimidating, retaliating against, or tampering with a 16 witness to or a victim of the delinquent act charged. No 17 hearing may be held unless the minor is represented by 18 counsel. If the court determines that there is probable 19 cause to believe that the minor is a delinquent minor and 20 that it is a matter of immediate and urgent necessity for the 21 protection of a witness to or a victim of the delinquent act 22 charged against the minor, the court may issue a restraining 23 order against the minor restraining the minor from harassing, 24 molesting, intimidating, retaliating against, or tampering 25 with the witness or victim. The order together with the 26 court's finding of fact in support of the order shall be 27 entered of record in the court. 28 (2) If the court issues a restraining order as provided 29 in subsection (1), the court shall inform the minor of the 30 restraining order effective under this Section. 31 (3) The provisions of the restraining order issued under 32 this Section may be continued by the court after the 33 sentencing hearing if the court deems the action reasonable SB1360 Engrossed -56- LRB9111041WHmb 1 and necessary. Nothing in this Section shall preclude the 2 minor from applying to the court at any time for modification 3 or dismissal of the order or the State's Attorney from 4 applying to the court at any time for additional provisions 5 under the restraining order, modification of the order, or 6 dismissal of the order. 7 (Source: P.A. 90-590, eff. 1-1-99.) 8 (705 ILCS 405/5-515) 9 Sec. 5-515. Medical and dental treatment and care. At 10 all times during temporary custody, detention or shelter 11 care, the court may authorize a physician, a hospital or any 12 other appropriate health care provider to provide medical, 13 dental or surgical procedures if those procedures are 14 necessary to safeguard the minor's life or health. If the 15 minor is covered under an existing medical or dental plan, 16 the county shall be reimbursed for the expenses incurred for 17 such services as if the minor were not held in temporary 18 custody, detention, or shelter care. 19 (Source: P.A. 90-590, eff. 1-1-99.) 20 (705 ILCS 405/5-520) 21 Sec. 5-520. Petition; supplemental petitions. 22 (1) The State's Attorney may file, or the court on its 23 own motion may direct the filing through the State's Attorney 24 of, a petition in respect to a minor under this Act. The 25 petition and all subsequent court documents shall be entitled 26 "In the interest of ...., a minor". 27 (2) The petition shall be verified but the statements 28 may be made upon information and belief. It shall allege 29 that the minor is delinquent and set forth (a) facts 30 sufficient to bring the minor under Section 5-120; (b) the 31 name, age and residence of the minor; (c) the names and 32 residences of his parents; (d) the name and residence of his SB1360 Engrossed -57- LRB9111041WHmb 1 or her guardian or legal custodian or the person or persons 2 having custody or control of the minor, or of the nearest 3 known relative if no parent, guardian or legal custodian can 4 be found; and (e) if the minor upon whose behalf the 5 petition is brought is detained or sheltered in custody, the 6 date on which detention or shelter care was ordered by the 7 court or the date set for a detention or shelter care 8 hearing. If any of the facts required by this subsection (2) 9 are not known by the petitioner, the petition shall so state. 10 (3) The petition must pray that the minor be adjudged a 11 ward of the court and may pray generally for relief available 12 under this Act. The petition need not specify any proposed 13 disposition following adjudication of wardship. 14 (4) At any time before dismissal of the petition or 15 before final closing and discharge under Section 5-750, one 16 or more supplemental petitions may be filed (i) alleging new 17 offenses or (ii) alleging violations of orders entered by the 18 court in the delinquency proceeding. 19 (Source: P.A. 90-590, eff. 1-1-99.) 20 (705 ILCS 405/5-525) 21 Sec. 5-525. Service. 22 (1) Service by summons. 23 (a) Upon the commencement of a delinquency 24 prosecution, the clerk of the court shall issue a summons 25 with a copy of the petition attached. The summons shall 26 be directed to the minor's parent, guardian or legal 27 custodian and to each person named as a respondent in the 28 petition, except that summons need not be directed (i) to 29 a minor respondent under 8 years of age for whom the 30 court appoints a guardian ad litem if the guardian ad 31 litem appears on behalf of the minor in any proceeding 32 under this Act, or (ii) to a parent who does not reside 33 with the minor, does not make regular child support SB1360 Engrossed -58- LRB9111041WHmb 1 payments to the minor, to the minor's other parent, or to 2 the minor's legal guardian or custodian pursuant to a 3 support order, and has not communicated with the minor on 4 a regular basis. 5 (b) The summons must contain a statement that the 6 minor is entitled to have an attorney present at the 7 hearing on the petition, and that the clerk of the court 8 should be notified promptly if the minor desires to be 9 represented by an attorney but is financially unable to 10 employ counsel. 11 (c) The summons shall be issued under the seal of 12 the court, attested in and signed with the name of the 13 clerk of the court, dated on the day it is issued, and 14 shall require each respondent to appear and answer the 15 petition on the date set for the adjudicatory hearing. 16 (d) The summons may be served by any law 17 enforcement officer, coroner or probation officer, even 18 though the officer is the petitioner. The return of the 19 summons with endorsement of service by the officer is 20 sufficient proof of service. 21 (e) Service of a summons and petition shall be made 22 by: (i) leaving a copy of the summons and petition with 23 the person summoned at least 3 days before the time 24 stated in the summons for appearance; (ii) leaving a 25 copy at his or her usual place of abode with some person 26 of the family, of the age of 10 years or upwards, and 27 informing that person of the contents of the summons and 28 petition, provided, the officer or other person making 29 service shall also send a copy of the summons in a sealed 30 envelope with postage fully prepaid, addressed to the 31 person summoned at his or her usual place of abode, at 32 least 3 days before the time stated in the summons for 33 appearance; or (iii) leaving a copy of the summons and 34 petition with the guardian or custodian of a minor, at SB1360 Engrossed -59- LRB9111041WHmb 1 least 3 days before the time stated in the summons for 2 appearance. If the guardian or legal custodian is an 3 agency of the State of Illinois, proper service may be 4 made by leaving a copy of the summons and petition with 5 any administrative employee of the agency designated by 6 the agency to accept the service of summons and 7 petitions. The certificate of the officer or affidavit 8 of the person that he or she has sent the copy pursuant 9 to this Section is sufficient proof of service. 10 (f) When a parent or other person, who has signed a 11 written promise to appear and bring the minor to court or 12 who has waived or acknowledged service, fails to appear 13 with the minor on the date set by the court, a bench 14 warrant may be issued for the parent or other person, the 15 minor, or both. 16 (2) Service by certified mail or publication. 17 (a) If service on individuals as provided in 18 subsection (1) is not made on any respondent within a 19 reasonable time or if it appears that any respondent 20 resides outside the State, service may be made by 21 certified mail. In that case the clerk shall mail the 22 summons and a copy of the petition to that respondent by 23 certified mail marked for delivery to addressee only. 24 The court shall not proceed with the adjudicatory hearing 25 until 5 days after the mailing. The regular return 26 receipt for certified mail is sufficient proof of 27 service. 28 (b) If service upon individuals as provided in 29 subsection (1) is not made on any respondents within a 30 reasonable time or if any person is made a respondent 31 under the designation of "All Whom It May Concern", or if 32 service cannot be made because the whereabouts of a 33 respondent are unknown, service may be made by 34 publication. The clerk of the court as soon as possible SB1360 Engrossed -60- LRB9111041WHmb 1 shall cause publication to be made once in a newspaper of 2 general circulation in the county where the action is 3 pending. Service by publication is not required in any 4 case when the person alleged to have legal custody of the 5 minor has been served with summons personally or by 6 certified mail, but the court may not enter any order or 7 judgment against any person who cannot be served with 8 process other than by publication unless service by 9 publication is given or unless that person appears. 10 Failure to provide service by publication to a 11 non-custodial parent whose whereabouts are unknown shall 12 not deprive the court of jurisdiction to proceed with a 13 trial or a plea of delinquency by the minor. When a 14 minor has been detained or sheltered under Section 5-501 15 of this Act and summons has not been served personally or 16 by certified mail within 20 days from the date of the 17 order of court directing such detention or shelter care, 18 the clerk of the court shall cause publication. Service 19 by publication shall be substantially as follows: 20 "A, B, C, D, (here giving the names of the 21 named respondents, if any) and to All Whom It May 22 Concern (if there is any respondent under that 23 designation): 24 Take notice that on (insert date) a petition 25 was filed under the Juvenile Court Act of 1987 by 26 .... in the circuit court of .... county entitled 27 'In the interest of ...., a minor', and that in .... 28 courtroom at .... on (insert date) at the hour of 29 ...., or as soon thereafter as this cause may be 30 heard, an adjudicatory hearing will be held upon the 31 petition to have the child declared to be a ward of 32 the court under that Act. The court has authority 33 in this proceeding to take from you the custody and 34 guardianship of the minor. SB1360 Engrossed -61- LRB9111041WHmb 1 Now, unless you appear at the hearing and show 2 cause against the petition, the allegations of the 3 petition may stand admitted as against you and each 4 of you, and an order or judgment entered. 5 ........................................ 6 Clerk 7 Dated (insert the date of publication)" 8 (c) The clerk shall also at the time of the 9 publication of the notice send a copy of the notice by 10 mail to each of the respondents on account of whom 11 publication is made at his or her last known address. 12 The certificate of the clerk that he or she has mailed 13 the notice is evidence of that mailing. No other 14 publication notice is required. Every respondent 15 notified by publication under this Section must appear 16 and answer in open court at the hearing. The court may 17 not proceed with the adjudicatory hearing until 10 days 18 after service by publication on any custodial parent, 19 guardian or legal custodian of a minor alleged to be 20 delinquent. 21 (d) If it becomes necessary to change the date set 22 for the hearing in order to comply with this Section, 23 notice of the resetting of the date must be given, by 24 certified mail or other reasonable means, to each 25 respondent who has been served with summons personally or 26 by certified mail. 27 (3) Once jurisdiction has been established over a 28 party, further service is not required and notice of any 29 subsequent proceedings in that prosecution shall be made 30 in accordance with provisions of Section 5-530. 31 (4) The appearance of the minor's parent, guardian 32 or legal custodian, or a person named as a respondent in 33 a petition, in any proceeding under this Act shall 34 constitute a waiver of service and submission to the SB1360 Engrossed -62- LRB9111041WHmb 1 jurisdiction of the court. A copy of the petition shall 2 be provided to the person at the time of his or her 3 appearance. 4 (Source: P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.) 5 (705 ILCS 405/5-530) 6 Sec. 5-530. Notice. 7 (1) A party presenting a supplemental or amended 8 petition or motion to the court shall provide the other 9 parties with a copy of any supplemental or amended petition, 10 motion or accompanying affidavit not yet served upon that 11 party, and shall file proof of that service, in accordance 12 with subsections (2), (3), and (4) of this Section. Written 13 notice of the date, time and place of the hearing, shall be 14 provided to all parties in accordance with local court rules. 15 (2) (a) On whom made. If a party is represented by an 16 attorney of record, service shall be made upon the attorney. 17 Otherwise service shall be made upon the party. 18 (b) Method. Papers shall be served as follows: 19 (1) by delivering them to the attorney or 20 party personally; 21 (2) by leaving them in the office of the 22 attorney with his or her clerk, or with a person in 23 charge of the office; or if a party is not 24 represented by counsel, by leaving them at his or 25 her residence with a family member of the age of 10 26 years or upwards; 27 (3) by depositing them in the United States 28 post office or post-office box enclosed in an 29 envelope, plainly addressed to the attorney at his 30 or her business address, or to the party at his or 31 her business address or residence, with postage 32 fully pre-paid; or 33 (4) by transmitting them via facsimile machine SB1360 Engrossed -63- LRB9111041WHmb 1 to the office of the attorney or party, who has 2 consented to receiving service by facsimile 3 transmission. Briefs filed in reviewing courts shall 4 be served in accordance with Supreme Court Rule. 5 (i) A party or attorney electing to serve 6 pleading by facsimile must include on the 7 certificate of service transmitted the 8 telephone number of the sender's facsimile 9 transmitting device. Use of service by 10 facsimile shall be deemed consent by that party 11 or attorney to receive service by facsimile 12 transmission. Any party may rescind consent of 13 service by facsimile transmission in a case by 14 filing with the court and serving a notice on 15 all parties or their attorneys who have filed 16 appearances that facsimile service will not be 17 accepted. A party or attorney who has rescinded 18 consent to service by facsimile transmission in 19 a case may not serve another party or attorney 20 by facsimile transmission in that case. 21 (ii) Each page of notices and documents 22 transmitted by facsimile pursuant to this rule 23 should bear the circuit court number, the title 24 of the document, and the page number. 25 (c) Multiple parties or attorneys. In cases in 26 which there are 2 or more minor-respondents who appear by 27 different attorneys, service on all papers shall be made 28 on the attorney for each of the parties. If one attorney 29 appears for several parties, he or she is entitled to 30 only one copy of any paper served upon him or her by the 31 opposite side. When more than one attorney appears for a 32 party, service of a copy upon one of them is sufficient. 33 (3)(a) Filing. When service of a paper is required, 34 proof of service shall be filed with the clerk. SB1360 Engrossed -64- LRB9111041WHmb 1 (b) Manner of Proof. Service is proved: 2 (i) by written acknowledgement signed by the 3 person served; 4 (ii) in case of service by personal delivery, 5 by certificate of the attorney, or affidavit of a 6 person, other that an attorney, who made delivery; 7 (iii) in case of service by mail, by 8 certificate of the attorney, or affidavit of a 9 person other than the attorney, who deposited the 10 paper in the mail, stating the time and place of 11 mailing, the complete address which appeared on the 12 envelope, and the fact that proper postage was 13 pre-paid; or 14 (iv) in case of service by facsimile 15 transmission, by certificate of the attorney or 16 affidavit of a person other than the attorney, who 17 transmitted the paper via facsimile machine, stating 18 the time and place of transmission, the telephone 19 number to which the transmission was sent and the 20 number of pages transmitted. 21 (c) Effective date of service by mail. Service by 22 mail is complete 4 days after mailing. 23 (d) Effective date of service by facsimile 24 transmission. Service by facsimile machine is complete on 25 the first court day following transmission. 26 (Source: P.A. 90-590, eff. 1-1-99.) 27 PART 6. TRIAL 28 (705 ILCS 405/5-601) 29 Sec. 5-601. Trial. 30 (1) When a petition has been filed alleging that the 31 minor is a delinquent, a trial must be held within 120 days 32 of a written demand for such hearing made by any party, SB1360 Engrossed -65- LRB9111041WHmb 1 except that when the State, without success, has exercised 2 due diligence to obtain evidence material to the case and 3 there are reasonable grounds to believe that the evidence may 4 be obtained at a later date, the court may, upon motion by 5 the State, continue the trial for not more than 30 additional 6 days. 7 (2) If a minor respondent has multiple delinquency 8 petitions pending against him or her in the same county and 9 simultaneously demands a trial upon more than one delinquency 10 petition pending against him or her in the same county, he or 11 she shall receive a trial or have a finding, after waiver of 12 trial, upon at least one such petition before expiration 13 relative to any of the pending petitions of the period 14 described by this Section. All remaining petitions thus 15 pending against the minor respondent shall be adjudicated 16 within 160 days from the date on which a finding relative to 17 the first petition prosecuted is rendered under Section 5-620 18 of this Article, or, if the trial upon the first petition is 19 terminated without a finding and there is no subsequent 20 trial, or adjudication after waiver of trial, on the first 21 petition within a reasonable time, the minor shall receive a 22 trial upon all of the remaining petitions within 160 days 23 from the date on which the trial, or finding after waiver of 24 trial, on the first petition is concluded. If either such 25 period of 160 days expires without the commencement of trial, 26 or adjudication after waiver of trial, of any of the 27 remaining pending petitions, the petition or petitions shall 28 be dismissed and barred for want of prosecution unless the 29 delay is occasioned by any of the reasons described in this 30 Section. 31 (3) When no such trial is held within the time required 32 by subsections (1) and (2) of this Section, the court shall, 33 upon motion by any party, dismiss the petition with 34 prejudice. SB1360 Engrossed -66- LRB9111041WHmb 1 (4) Without affecting the applicability of the tolling 2 and multiple prosecution provisions of subsections (8) and 3 (2) of this Section when a petition has been filed alleging 4 that the minor is a delinquent and the minor is in detention 5 or shelter care, the trial shall be held within 30 calendar 6 days after the date of the order directing detention or 7 shelter care, or the earliest possible date in compliance 8 with the provisions of Section 5-525 as to the custodial 9 parent, guardian or legal custodian, but no later than 45 10 calendar days from the date of the order of the court 11 directing detention or shelter care. When the petition 12 alleges the minor has committed an offense involving a 13 controlled substance as defined in the Illinois Controlled 14 Substances Act, the court may, upon motion of the State, 15 continue the trial for receipt of a confirmatory laboratory 16 report for up to 45 days after the date of the order 17 directing detention or shelter care. When the petition 18 alleges the minor committed an offense that involves the 19 death of, great bodily harm to or sexual assault or 20 aggravated criminal sexual abuse on a victim, the court may, 21 upon motion of the State, continue the trial for not more 22 than 70 calendar days after the date of the order directing 23 detention or shelter care. 24 Any failure to comply with the time limits of this 25 Section shall require the immediate release of the minor from 26 detention, and the time limits set forth in subsections (1) 27 and (2) shall apply. 28 (5) If the court determines that the State, without 29 success, has exercised due diligence to obtain the results of 30 DNA testing that is material to the case, and that there are 31 reasonable grounds to believe that the results may be 32 obtained at a later date, the court may continue the cause on 33 application of the State for not more than 120 additional 34 days. The court may also extend the period of detention of SB1360 Engrossed -67- LRB9111041WHmb 1 the minor for not more than 120 additional days. 2 (6) If the State's Attorney makes a written request that 3 a proceeding be designated an extended juvenile jurisdiction 4 prosecution, and the minor is in detention, the period the 5 minor can be held in detention pursuant to subsection (4), 6 shall be extended an additional 30 days after the court 7 determines whether the proceeding will be designated an 8 extended juvenile jurisdiction prosecution or the State's 9 Attorney withdraws the request for extended juvenile 10 jurisdiction prosecution. 11 (7) When the State's Attorney files a motion for waiver 12 of jurisdiction pursuant to Section 5-805, and the minor is 13 in detention, the period the minor can be held in detention 14 pursuant to subsection (4), shall be extended an additional 15 30 days if the court denies motion for waiver of jurisdiction 16 or the State's Attorney withdraws the motion for waiver of 17 jurisdiction. 18 (8) The period in which a trial shall be held as 19 prescribed by subsections (1), (2), (3), (4), (5), (6), or 20 (7) of this Section is tolled by: (i) delay occasioned by the 21 minor; (ii) a continuance allowed pursuant to Section 114-4 22 of the Code of Criminal Procedure of 1963 after the court's 23 determination of the minor's incapacity for trial; (iii) an 24 interlocutory appeal; (iv) an examination of fitness ordered 25 pursuant to Section 104-13 of the Code of Criminal Procedure 26 of 1963; (v) a fitness hearing; or (vi) an adjudication of 27 unfitness for trial. Any such delay shall temporarily 28 suspend, for the time of the delay, the period within which a 29 trial must be held as prescribed by subsections (1), (2), 30 (4), (5), and (6) of this Section. On the day of expiration 31 of the delays the period shall continue at the point at which 32 the time was suspended. 33 (9) Nothing in this Section prevents the minor or the 34 minor's parents, guardian or legal custodian from exercising SB1360 Engrossed -68- LRB9111041WHmb 1 their respective rights to waive the time limits set forth in 2 this Section. 3 (Source: P.A. 90-590, eff. 1-1-99.) 4 (705 ILCS 405/5-605) 5 Sec. 5-605. Trials, pleas, guilty but mentally ill and 6 not guilty by reason of insanity. 7 (1) Method of trial. All delinquency proceedings shall 8 be heard by the court except those proceedings under this Act 9 where the right to trial by jury is specifically set forth. 10 At any time a minor may waive his or her right to trial by 11 jury. 12 (2) Pleas of guilty and guilty but mentally ill. 13 (a) Before or during trial, a plea of guilty may be 14 accepted when the court has informed the minor of the 15 consequences of his or her plea and of the maximum 16 penalty provided by law which may be imposed upon 17 acceptance of the plea. Upon acceptance of a plea of 18 guilty, the court shall determine the factual basis of a 19 plea. 20 (b) Before or during trial, a plea of guilty but 21 mentally ill may be accepted by the court when: 22 (i) the minor has undergone an examination by 23 a clinical psychologist or psychiatrist and has 24 waived his or her right to trial; and 25 (ii) the judge has examined the psychiatric or 26 psychological report or reports; and 27 (iii) the judge has held a hearing, at which 28 either party may present evidence, on the issue of 29 the minor's mental health and, at the conclusion of 30 the hearing, is satisfied that there is a factual 31 basis that the minor was mentally ill at the time of 32 the offense to which the plea is entered. 33 (3) Trial by the court. SB1360 Engrossed -69- LRB9111041WHmb 1 (a) A trial shall be conducted in the presence of 2 the minor unless he or she waives the right to be 3 present. At the trial, the court shall consider the 4 question whether the minor is delinquent. The standard 5 of proof and the rules of evidence in the nature of 6 criminal proceedings in this State are applicable to that 7 consideration. 8 (b) Upon conclusion of the trial the court shall 9 enter a general finding, except that, when the 10 affirmative defense of insanity has been presented during 11 the trial and acquittal is based solely upon the defense 12 of insanity, the court shall enter a finding of not 13 guilty by reason of insanity. In the event of a finding 14 of not guilty by reason of insanity, a hearing shall be 15 held pursuant to the Mental Health and Developmental 16 Disabilities Code to determine whether the minor is 17 subject to involuntary admission. 18 (c) When the minor has asserted a defense of 19 insanity, the court may find the minor guilty but 20 mentally ill if, after hearing all of the evidence, the 21 court finds that: 22 (i) the State has proven beyond a reasonable 23 doubt that the minor is guilty of the offense 24 charged; and 25 (ii) the minor has failed to prove his or her 26 insanity as required in subsection (b) of Section 27 3-2 of the Criminal Code of 1961, and subsections 28 (a), (b) and (e) of Section 6-2 of the Criminal Code 29 of 1961; and 30 (iii) the minor has proven by a preponderance 31 of the evidence that he was mentally ill, as defined 32 in subsections (c) and (d) of Section 6-2 of the 33 Criminal Code of 1961 at the time of the offense. 34 (4) Trial by court and jury. SB1360 Engrossed -70- LRB9111041WHmb 1 (a) Questions of law shall be decided by the court 2 and questions of fact by the jury. 3 (b) The jury shall consist of 12 members. 4 (c) Upon request the parties shall be furnished 5 with a list of prospective jurors with their addresses if 6 known. 7 (d) Each party may challenge jurors for cause. If 8 a prospective juror has a physical impairment, the court 9 shall consider the prospective juror's ability to 10 perceive and appreciate the evidence when considering a 11 challenge for cause. 12 (e) A minor tried alone shall be allowed 7 13 peremptory challenges; except that, in a single trial of 14 more than one minor, each minor shall be allowed 5 15 peremptory challenges. If several charges against a 16 minor or minors are consolidated for trial, each minor 17 shall be allowed peremptory challenges upon one charge 18 only, which single charge shall be the charge against 19 that minor authorizing the greatest maximum penalty. The 20 State shall be allowed the same number of peremptory 21 challenges as all of the minors. 22 (f) After examination by the court, the jurors may 23 be examined, passed upon, accepted and tendered by 24 opposing counsel as provided by Supreme Court Rules. 25 (g) After the jury is impaneled and sworn, the 26 court may direct the selection of 2 alternate jurors who 27 shall take the same oath as the regular jurors. Each 28 party shall have one additional peremptory challenge for 29 each alternate juror. If before the final submission of 30 a cause a member of the jury dies or is discharged, he or 31 she shall be replaced by an alternate juror in the order 32 of selection. 33 (h) A trial by the court and jury shall be 34 conducted in the presence of the minor unless he or she SB1360 Engrossed -71- LRB9111041WHmb 1 waives the right to be present. 2 (i) After arguments of counsel the court shall 3 instruct the jury as to the law. 4 (j) Unless the affirmative defense of insanity has 5 been presented during the trial, the jury shall return a 6 general verdict as to each offense charged. When the 7 affirmative defense of insanity has been presented during 8 the trial, the court shall provide the jury not only with 9 general verdict forms but also with a special verdict 10 form of not guilty by reason of insanity, as to each 11 offense charged, and in the event the court shall 12 separately instruct the jury that a special verdict of 13 not guilty by reason of insanity may be returned instead 14 of a general verdict but the special verdict requires a 15 unanimous finding by the jury that the minor committed 16 the acts charged but at the time of the commission of 17 those acts the minor was insane. In the event of a 18 verdict of not guilty by reason of insanity, a hearing 19 shall be held pursuant to the Mental Health and 20 Developmental Disabilities Code to determine whether the 21 minor is subject to involuntary admission. When the 22 affirmative defense of insanity has been presented during 23 the trial, the court, where warranted by the evidence, 24 shall also provide the jury with a special verdict form 25 of guilty but mentally ill, as to each offense charged 26 and shall separately instruct the jury that a special 27 verdict of guilty but mentally ill may be returned 28 instead of a general verdict, but that the special 29 verdict requires a unanimous finding by the jury that: 30 (i) the State has proven beyond a reasonable doubt that 31 the minor is guilty of the offense charged; and (ii) the 32 minor has failed to prove his or her insanity as required 33 in subsection (b) of Section 3-2 of the Criminal Code of 34 1961 and subsections (a), (b) and (e) of Section 6-2 of SB1360 Engrossed -72- LRB9111041WHmb 1 the Criminal Code of 1961; and (iii) the minor has proven 2 by a preponderance of the evidence that he or she was 3 mentally ill, as defined in subsections (c) and (d) of 4 Section 6-2 of the Criminal Code of 1961 at the time of 5 the offense. 6 (k) When, at the close of the State's evidence or 7 at the close of all of the evidence, the evidence is 8 insufficient to support a finding or verdict of guilty 9 the court may and on motion of the minor shall make a 10 finding or direct the jury to return a verdict of not 11 guilty, enter a judgment of acquittal and discharge the 12 minor. 13 (l) When the jury retires to consider its verdict, 14 an officer of the court shall be appointed to keep them 15 together and to prevent conversation between the jurors 16 and others; however, if any juror is deaf, the jury may 17 be accompanied by and may communicate with a 18 court-appointed interpreter during its deliberations. 19 Upon agreement between the State and minor or his or her 20 counsel, and the parties waive polling of the jury, the 21 jury may seal and deliver its verdict to the clerk of the 22 court, separate, and then return the verdict in open 23 court at its next session. 24 (m) In a trial, any juror who is a member of a 25 panel or jury which has been impaneled and sworn as a 26 panel or as a jury shall be permitted to separate from 27 other jurors during every period of adjournment to a 28 later day, until final submission of the cause to the 29 jury for determination, except that no such separation 30 shall be permitted in any trial after the court, upon 31 motion by the minor or the State or upon its own motion, 32 finds a probability that prejudice to the minor or to the 33 State will result from the separation. 34 (n) The members of the jury shall be entitled to SB1360 Engrossed -73- LRB9111041WHmb 1 take notes during the trial, and the sheriff of the 2 county in which the jury is sitting shall provide them 3 with writing materials for this purpose. The notes shall 4 remain confidential, and shall be destroyed by the 5 sheriff after the verdict has been returned or a mistrial 6 declared. 7 (o) A minor tried by the court and jury shall only 8 be found guilty, guilty but mentally ill, not guilty or 9 not guilty by reason of insanity, upon the unanimous 10 verdict of the jury. 11 (Source: P.A. 90-590, eff. 1-1-99.) 12 (705 ILCS 405/5-610) 13 Sec. 5-610. Guardian ad litem and appointment of 14 attorney. 15 (1) The court may appoint a guardian ad litem for the 16 minor whenever it finds that there may be a conflict of 17 interest between the minor and his or her parent, guardian or 18 legal custodian or that it is otherwise in the minor's 19 interest to do so. 20 (2) Unless the guardian ad litem is an attorney, he or 21 she shall be represented by counsel. 22 (3) The reasonable fees of a guardian ad litem appointed 23 under this Section shall be fixed by the court and charged to 24 the parents of the minor, to the extent they are able to pay. 25 If the parents are unable to pay those fees, they shall be 26 paid from the general fund of the county. 27 (4) If, during the court proceedings, the parents, 28 guardian, or legal custodian prove that he or she has an 29 actual conflict of interest with the minor in that 30 delinquency proceeding and that the parents, guardian, or 31 legal custodian are indigent, the court shall appoint a 32 separate attorney for that parent, guardian, or legal 33 custodian. SB1360 Engrossed -74- LRB9111041WHmb 1 (Source: P.A. 90-590, eff. 1-1-99.) 2 (705 ILCS 405/5-615) 3 Sec. 5-615. Continuance under supervision. 4 (1) The court may enter an order of continuance under 5 supervision for an offense other than first degree murder, a 6 Class X felony or a forcible felony (a) upon an admission or 7 stipulation by the appropriate respondent or minor respondent 8 of the facts supporting the petition and before proceeding to 9 adjudication, or after hearing the evidence at the trial, and 10 (b) in the absence of objection made in open court by the 11 minor, his or her parent, guardian, or legal custodian, the 12 minor's attorney or the State's Attorney. 13 (2) If the minor, his or her parent, guardian, or legal 14 custodian, the minor's attorney or State's Attorney objects 15 in open court to any continuance and insists upon proceeding 16 to findings and adjudication, the court shall so proceed. 17 (3) Nothing in this Section limits the power of the 18 court to order a continuance of the hearing for the 19 production of additional evidence or for any other proper 20 reason. 21 (4) When a hearing where a minor is alleged to be a 22 delinquent is continued pursuant to this Section, the period 23 of continuance under supervision may not exceed 24 months. 24 The court may terminate a continuance under supervision at 25 any time if warranted by the conduct of the minor and the 26 ends of justice. 27 (5) When a hearing where a minor is alleged to be 28 delinquent is continued pursuant to this Section, the court 29 may, as conditions of the continuance under supervision, 30 require the minor to do any of the following: 31 (a) not violate any criminal statute of any 32 jurisdiction; 33 (b) make a report to and appear in person before SB1360 Engrossed -75- LRB9111041WHmb 1 any person or agency as directed by the court; 2 (c) work or pursue a course of study or vocational 3 training; 4 (d) undergo medical or psychotherapeutic treatment 5 rendered by a therapist licensed under the provisions of 6 the Medical Practice Act of 1987, the Clinical 7 Psychologist Licensing Act, or the Clinical Social Work 8 and Social Work Practice Act, or an entity licensed by 9 the Department of Human Services as a successor to the 10 Department of Alcoholism and Substance Abuse, for the 11 provision of drug addiction and alcoholism treatment; 12 (e) attend or reside in a facility established for 13 the instruction or residence of persons on probation; 14 (f) support his or her dependents, if any; 15 (g) pay costs; 16 (h) refrain from possessing a firearm or other 17 dangerous weapon, or an automobile; 18 (i) permit the probation officer to visit him or 19 her at his or her home or elsewhere; 20 (j) reside with his or her parents or in a foster 21 home; 22 (k) attend school; 23 (l) attend a non-residential program for youth; 24 (m) contribute to his or her own support at home or 25 in a foster home; 26 (n) perform some reasonable public or community 27 service; 28 (o) make restitution to the victim, in the same 29 manner and under the same conditions as provided in 30 subsection (4) of Section 5-710, except that the 31 "sentencing hearing" referred to in that Section shall be 32 the adjudicatory hearing for purposes of this Section; 33 (p) comply with curfew requirements as designated 34 by the court; SB1360 Engrossed -76- LRB9111041WHmb 1 (q) refrain from entering into a designated 2 geographic area except upon terms as the court finds 3 appropriate. The terms may include consideration of the 4 purpose of the entry, the time of day, other persons 5 accompanying the minor, and advance approval by a 6 probation officer; 7 (r) refrain from having any contact, directly or 8 indirectly, with certain specified persons or particular 9 types of persons, including but not limited to members of 10 street gangs and drug users or dealers; 11 (r-5) undergo a medical or other procedure to have 12 a tattoo symbolizing allegiance to a street gang removed 13 from his or her body; 14 (s) refrain from having in his or her body the 15 presence of any illicit drug prohibited by the Cannabis 16 Control Act or the Illinois Controlled Substances Act, 17 unless prescribed by a physician, and submit samples of 18 his or her blood or urine or both for tests to determine 19 the presence of any illicit drug; or 20 (t) comply with any other conditions as may be 21 ordered by the court. 22 (6) A minor whose case is continued under supervision 23 under subsection (5) shall be given a certificate setting 24 forth the conditions imposed by the court. Those conditions 25 may be reduced, enlarged, or modified by the court on motion 26 of the probation officer or on its own motion, or that of the 27 State's Attorney, or, at the request of the minor after 28 notice and hearing. 29 (7) If a petition is filed charging a violation of a 30 condition of the continuance under supervision, the court 31 shall conduct a hearing. If the court finds that a condition 32 of supervision has not been fulfilled, the court may proceed 33 to findings and adjudication and disposition. The filing of 34 a petition for violation of a condition of the continuance SB1360 Engrossed -77- LRB9111041WHmb 1 under supervision shall toll the period of continuance under 2 supervision until the final determination of the charge, and 3 the term of the continuance under supervision shall not run 4 until the hearing and disposition of the petition for 5 violation; provided where the petition alleges conduct that 6 does not constitute a criminal offense, the hearing must be 7 held within 30 days of the filing of the petition unless a 8 delay shall continue the tolling of the period of continuance 9 under supervision for the period of the delay. 10 (8) When a hearing in which a minor is alleged to be a 11 delinquent for reasons that include a violation of Section 12 21-1.3 of the Criminal Code of 1961 is continued under this 13 Section, the court shall, as a condition of the continuance 14 under supervision, require the minor to perform community 15 service for not less than 30 and not more than 120 hours, if 16 community service is available in the jurisdiction. The 17 community service shall include, but need not be limited to, 18 the cleanup and repair of the damage that was caused by the 19 alleged violation or similar damage to property located in 20 the municipality or county in which the alleged violation 21 occurred. The condition may be in addition to any other 22 condition. 23 (9) When a hearing in which a minor is alleged to be a 24 delinquent is continued under this Section, the court, before 25 continuing the case, shall make a finding whether the offense 26 alleged to have been committed either: (i) was related to or 27 in furtherance of the activities of an organized gang or was 28 motivated by the minor's membership in or allegiance to an 29 organized gang, or (ii) is a violation of paragraph (13) of 30 subsection (a) of Section 12-2 of the Criminal Code of 1961, 31 a violation of any Section of Article 24 of the Criminal Code 32 of 1961, or a violation of any statute that involved the 33 unlawful use of a firearm. If the court determines the 34 question in the affirmative the court shall, as a condition SB1360 Engrossed -78- LRB9111041WHmb 1 of the continuance under supervision and as part of or in 2 addition to any other condition of the supervision, require 3 the minor to perform community service for not less than 30 4 hours, provided that community service is available in the 5 jurisdiction and is funded and approved by the county board 6 of the county where the offense was committed. The community 7 service shall include, but need not be limited to, the 8 cleanup and repair of any damage caused by an alleged 9 violation of Section 21-1.3 of the Criminal Code of 1961 and 10 similar damage to property located in the municipality or 11 county in which the alleged violation occurred. When 12 possible and reasonable, the community service shall be 13 performed in the minor's neighborhood. For the purposes of 14 this Section, "organized gang" has the meaning ascribed to it 15 in Section 10 of the Illinois Streetgang Terrorism Omnibus 16 Prevention Act. 17 (10) The court shall impose upon a minor placed on 18 supervision, as a condition of the supervision, a fee of $25 19 for each month of supervision ordered by the court, unless 20 after determining the inability of the minor placed on 21 supervision to pay the fee, the court assesses a lesser 22 amount. The court may not impose the fee on a minor who is 23 made a ward of the State under this Act while the minor is in 24 placement. The fee shall be imposed only upon a minor who is 25 actively supervised by the probation and court services 26 department. A court may order the parent, guardian, or legal 27 custodian of the minor to pay some or all of the fee on the 28 minor's behalf. 29 (Source: P.A. 90-590, eff. 1-1-99; 91-98; eff. 1-1-00; 30 91-332, eff. 7-29-99; revised 10-7-99.) 31 (705 ILCS 405/5-620) 32 Sec. 5-620. Findings. After hearing the evidence, the 33 court shall make and note in the minutes of the proceeding a SB1360 Engrossed -79- LRB9111041WHmb 1 finding of whether or not the minor is guilty. If it finds 2 that the minor is not guilty, the court shall order the 3 petition dismissed and the minor discharged from any 4 detention or restriction previously ordered in such 5 proceeding. If the court finds that the minor is guilty, the 6 court shall then set a time for a sentencing hearing to be 7 conducted under Section 5-705 at which hearing the court 8 shall determine whether it is in the best interests of the 9 minor and the public that he or she be made a ward of the 10 court. To assist the court in making this and other 11 determinations at the sentencing hearing, the court may order 12 that an investigation be conducted and a social investigation 13 report be prepared. 14 (Source: P.A. 90-590, eff. 1-1-99.) 15 (705 ILCS 405/5-625) 16 Sec. 5-625. Absence of minor. 17 (1) When a minor after arrest and an initial court 18 appearance for a felony, fails to appear for trial, at the 19 request of the State and after the State has affirmatively 20 proven through substantial evidence that the minor is 21 willfully avoiding trial, the court may commence trial in the 22 absence of the minor. The absent minor must be represented 23 by retained or appointed counsel. If trial had previously 24 commenced in the presence of the minor and the minor 25 willfully absents himself for 2 successive court days, the 26 court shall proceed to trial. All procedural rights 27 guaranteed by the United States Constitution, Constitution of 28 the State of Illinois, statutes of the State of Illinois, and 29 rules of court shall apply to the proceedings the same as if 30 the minor were present in court. The court may set the case 31 for a trial which may be conducted under this Section despite 32 the failure of the minor to appear at the hearing at which 33 the trial date is set. When the trial date is set the clerk SB1360 Engrossed -80- LRB9111041WHmb 1 shall send to the minor, by certified mail at his or her last 2 known address, notice of the new date which has been set for 3 trial. The notification shall be required when the minor was 4 not personally present in open court at the time when the 5 case was set for trial. 6 (2) The absence of the minor from a trial conducted 7 under this Section does not operate as a bar to concluding 8 the trial, to a finding of guilty resulting from the trial, 9 or to a final disposition of the trial in favor of the minor. 10 (3) Upon a finding or verdict of not guilty the court 11 shall enter finding for the minor. Upon a finding or verdict 12 of guilty, the court shall set a date for the hearing of 13 post-trial motions and shall hear the motion in the absence 14 of the minor. If post-trial motions are denied, the court 15 shall proceed to conduct a sentencing hearing and to impose a 16 sentence upon the minor. A social investigation is waived if 17 the minor is absent. 18 (4) A minor who is absent for part of the proceedings of 19 trial, post-trial motions, or sentencing, does not thereby 20 forfeit his or her right to be present at all remaining 21 proceedings. 22 (5) When a minor who in his or her absence has been 23 either found guilty or sentenced or both found guilty and 24 sentenced appears before the court, he or she must be granted 25 a new trial or a new sentencing hearing if the minor can 26 establish that his or her failure to appear in court was both 27 without his or her fault and due to circumstances beyond his 28 or her control. A hearing with notice to the State's 29 Attorney on the minors request for a new trial or a new 30 sentencing hearing must be held before any such request may 31 be granted. At any such hearing both the minor and the State 32 may present evidence. 33 (6) If the court grants only the minor's request for a 34 new sentencing hearing, then a new sentencing hearing shall SB1360 Engrossed -81- LRB9111041WHmb 1 be held in accordance with the provisions of this Article. At 2 any such hearing, both the minor and the State may offer 3 evidence of the minor's conduct during his or her period of 4 absence from the court. The court may impose any sentence 5 authorized by this Article and in the case of an extended 6 juvenile jurisdiction prosecution the Unified Code of 7 Corrections and is not in any way limited or restricted by 8 any sentence previously imposed. 9 (7) A minor whose motion under subsection (5) for a new 10 trial or new sentencing hearing has been denied may file a 11 notice of appeal from the denial. The notice may also include 12 a request for review of the finding and sentence not vacated 13 by the trial court. 14 (Source: P.A. 90-590, eff. 1-1-99.) 15 PART 7. PROCEEDINGS AFTER TRIAL, SENTENCING 16 (705 ILCS 405/5-701) 17 Sec. 5-701. Social investigation report. Upon the order 18 of the court, a social investigation report shall be prepared 19 and delivered to the parties at least 3 days prior to the 20 sentencing hearing. The written report of social 21 investigation shall include an investigation and report of 22 the minor's physical and mental history and condition, family 23 situation and background, economic status, education, 24 occupation, personal habits, minor's history of delinquency 25 or criminality or other matters which have been brought to 26 the attention of the juvenile court, information about 27 special resources known to the person preparing the report 28 which might be available to assist in the minor's 29 rehabilitation, and any other matters which may be helpful to 30 the court or which the court directs to be included. 31 (Source: P.A. 90-590, eff. 1-1-99.) SB1360 Engrossed -82- LRB9111041WHmb 1 (705 ILCS 405/5-705) 2 Sec. 5-705. Sentencing hearing; evidence; continuance. 3 (1) At the sentencing hearing, the court shall determine 4 whether it is in the best interests of the minor or the 5 public that he or she be made a ward of the court, and, if he 6 or she is to be made a ward of the court, the court shall 7 determine the proper disposition best serving the interests 8 of the minor and the public. All evidence helpful in 9 determining these questions, including oral and written 10 reports, may be admitted and may be relied upon to the extent 11 of its probative value, even though not competent for the 12 purposes of the trial. A record of a prior continuance under 13 supervision under Section 5-615, whether successfully 14 completed or not, is admissible at the sentencing hearing. 15 No order of commitment to the Department of Corrections, 16 Juvenile Division, shall be entered against a minor before a 17 written report of social investigation, which has been 18 completed within the previous 60 days, is presented to and 19 considered by the court. 20 (2) Once a party has been served in compliance with 21 Section 5-525, no further service or notice must be given to 22 that party prior to proceeding to a sentencing hearing. 23 Before imposing sentence the court shall advise the State's 24 Attorney and the parties who are present or their counsel of 25 the factual contents and the conclusions of the reports 26 prepared for the use of the court and considered by it, and 27 afford fair opportunity, if requested, to controvert them. 28 Factual contents, conclusions, documents and sources 29 disclosed by the court under this paragraph shall not be 30 further disclosed without the express approval of the court. 31 (3) On its own motion or that of the State's Attorney, a 32 parent, guardian, legal custodian, or counsel, the court may 33 adjourn the hearing for a reasonable period to receive 34 reports or other evidence and, in such event, shall make an SB1360 Engrossed -83- LRB9111041WHmb 1 appropriate order for detention of the minor or his or her 2 release from detention subject to supervision by the court 3 during the period of the continuance. In the event the court 4 shall order detention hereunder, the period of the 5 continuance shall not exceed 30 court days. At the end of 6 such time, the court shall release the minor from detention 7 unless notice is served at least 3 days prior to the hearing 8 on the continued date that the State will be seeking an 9 extension of the period of detention, which notice shall 10 state the reason for the request for the extension. The 11 extension of detention may be for a maximum period of an 12 additional 15 court days or a lesser number of days at the 13 discretion of the court. However, at the expiration of the 14 period of extension, the court shall release the minor from 15 detention if a further continuance is granted. In scheduling 16 investigations and hearings, the court shall give priority to 17 proceedings in which a minor is in detention or has otherwise 18 been removed from his or her home before a sentencing order 19 has been made. 20 (4) When commitment to the Department of Corrections, 21 Juvenile Division, is ordered, the court shall state the 22 basis for selecting the particular disposition, and the court 23 shall prepare such a statement for inclusion in the record. 24 (Source: P.A. 90-590, eff. 1-1-99.) 25 (705 ILCS 405/5-710) 26 Sec. 5-710. Kinds of sentencing orders. 27 (1) The following kinds of sentencing orders may be made 28 in respect of wards of the court: 29 (a) Except as provided in Sections 5-805, 5-810, 30 5-815, a minor who is found guilty under Section 5-620 31 may be: 32 (i) put on probation or conditional discharge 33 and released to his or her parents, guardian or SB1360 Engrossed -84- LRB9111041WHmb 1 legal custodian, provided, however, that any such 2 minor who is not committed to the Department of 3 Corrections, Juvenile Division under this subsection 4 and who is found to be a delinquent for an offense 5 which is first degree murder, a Class X felony, or a 6 forcible felony shall be placed on probation; 7 (ii) placed in accordance with Section 5-740, 8 with or without also being put on probation or 9 conditional discharge; 10 (iii) required to undergo a substance abuse 11 assessment conducted by a licensed provider and 12 participate in the indicated clinical level of care; 13 (iv) placed in the guardianship of the 14 Department of Children and Family Services, but only 15 if the delinquent minor is under 13 years of age; 16 (v) placed in detention for a period not to 17 exceed 30 days, either as the exclusive order of 18 disposition or, where appropriate, in conjunction 19 with any other order of disposition issued under 20 this paragraph, provided that any such detention 21 shall be in a juvenile detention home and the minor 22 so detained shall be 10 years of age or older. 23 However, the 30-day limitation may be extended by 24 further order of the court for a minor under age 13 25 committed to the Department of Children and Family 26 Services if the court finds that the minor is a 27 danger to himself or others. The minor shall be 28 given credit on the sentencing order of detention 29 for time spent in detention under Sections 5-501, 30 5-601, 5-710, or 5-720 of this Article as a result 31 of the offense for which the sentencing order was 32 imposed. The court may grant credit on a sentencing 33 order of detention entered under a violation of 34 probation or violation of conditional discharge SB1360 Engrossed -85- LRB9111041WHmb 1 under Section 5-720 of this Article for time spent 2 in detention before the filing of the petition 3 alleging the violation. A minor shall not be 4 deprived of credit for time spent in detention 5 before the filing of a violation of probation or 6 conditional discharge alleging the same or related 7 act or acts; 8 (vi) ordered partially or completely 9 emancipated in accordance with the provisions of the 10 Emancipation of Mature Minors Act; 11 (vii) subject to having his or her driver's 12 license or driving privileges suspended for such 13 time as determined by the court but only until he or 14 she attains 18 years of age; 15 (viii) put on probation or conditional 16 discharge and placed in detention under Section 17 3-6039 of the Counties Code for a period not to 18 exceed the period of incarceration permitted by law 19 for adults found guilty of the same offense or 20 offenses for which the minor was adjudicated 21 delinquent, and in any event no longer than upon 22 attainment of age 21; this subdivision (viii) 23 notwithstanding any contrary provision of the law; 24 or 25 (ix) ordered to undergo a medical or other 26 procedure to have a tattoo symbolizing allegiance to 27 a street gang removed from his or her body. 28 (b) A minor found to be guilty may be committed to 29 the Department of Corrections, Juvenile Division, under 30 Section 5-750 if the minor is 13 years of age or older, 31 provided that the commitment to the Department of 32 Corrections, Juvenile Division, shall be made only if a 33 term of incarceration is permitted by law for adults 34 found guilty of the offense for which the minor was SB1360 Engrossed -86- LRB9111041WHmb 1 adjudicated delinquent. The time during which a minor is 2 in custody before being released upon the request of a 3 parent, guardian or legal custodian shall be considered 4 as time spent in detention. 5 (c) When a minor is found to be guilty for an 6 offense which is a violation of the Illinois Controlled 7 Substances Act or the Cannabis Control Act and made a 8 ward of the court, the court may enter a disposition 9 order requiring the minor to undergo assessment, 10 counseling or treatment in a substance abuse program 11 approved by the Department of Human Services. 12 (2) Any sentencing order other than commitment to the 13 Department of Corrections, Juvenile Division, may provide for 14 protective supervision under Section 5-725 and may include an 15 order of protection under Section 5-730. 16 (3) Unless the sentencing order expressly so provides, 17 it does not operate to close proceedings on the pending 18 petition, but is subject to modification until final closing 19 and discharge of the proceedings under Section 5-750. 20 (4) In addition to any other sentence, the court may 21 order any minor found to be delinquent to make restitution, 22 in monetary or non-monetary form, under the terms and 23 conditions of Section 5-5-6 of the Unified Code of 24 Corrections, except that the "presentencing hearing" referred 25 to in that Section shall be the sentencing hearing for 26 purposes of this Section. The parent, guardian or legal 27 custodian of the minor may be ordered by the court to pay 28 some or all of the restitution on the minor's behalf, 29 pursuant to the Parental Responsibility Law. The State's 30 Attorney is authorized to act on behalf of any victim in 31 seeking restitution in proceedings under this Section, up to 32 the maximum amount allowed in Section 5 of the Parental 33 Responsibility Law. 34 (5) Any sentencing order where the minor is committed or SB1360 Engrossed -87- LRB9111041WHmb 1 placed in accordance with Section 5-740 shall provide for the 2 parents or guardian of the estate of the minor to pay to the 3 legal custodian or guardian of the person of the minor such 4 sums as are determined by the custodian or guardian of the 5 person of the minor as necessary for the minor's needs. The 6 payments may not exceed the maximum amounts provided for by 7 Section 9.1 of the Children and Family Services Act. 8 (6) Whenever the sentencing order requires the minor to 9 attend school or participate in a program of training, the 10 truant officer or designated school official shall regularly 11 report to the court if the minor is a chronic or habitual 12 truant under Section 26-2a of the School Code. 13 (7) In no event shall a guilty minor be committed to the 14 Department of Corrections, Juvenile Division for a period of 15 time in excess of that period for which an adult could be 16 committed for the same act. 17 (8) A minor found to be guilty for reasons that include 18 a violation of Section 21-1.3 of the Criminal Code of 1961 19 shall be ordered to perform community service for not less 20 than 30 and not more than 120 hours, if community service is 21 available in the jurisdiction. The community service shall 22 include, but need not be limited to, the cleanup and repair 23 of the damage that was caused by the violation or similar 24 damage to property located in the municipality or county in 25 which the violation occurred. The order may be in addition 26 to any other order authorized by this Section. 27 (9) In addition to any other sentencing order, the court 28 shall order any minor found to be guilty for an act which 29 would constitute, predatory criminal sexual assault of a 30 child, aggravated criminal sexual assault, criminal sexual 31 assault, aggravated criminal sexual abuse, or criminal sexual 32 abuse if committed by an adult to undergo medical testing to 33 determine whether the defendant has any sexually 34 transmissible disease including a test for infection with SB1360 Engrossed -88- LRB9111041WHmb 1 human immunodeficiency virus (HIV) or any other identified 2 causative agency of acquired immunodeficiency syndrome 3 (AIDS). Any medical test shall be performed only by 4 appropriately licensed medical practitioners and may include 5 an analysis of any bodily fluids as well as an examination of 6 the minor's person. Except as otherwise provided by law, the 7 results of the test shall be kept strictly confidential by 8 all medical personnel involved in the testing and must be 9 personally delivered in a sealed envelope to the judge of the 10 court in which the sentencing order was entered for the 11 judge's inspection in camera. Acting in accordance with the 12 best interests of the victim and the public, the judge shall 13 have the discretion to determine to whom the results of the 14 testing may be revealed. The court shall notify the minor of 15 the results of the test for infection with the human 16 immunodeficiency virus (HIV). The court shall also notify 17 the victim if requested by the victim, and if the victim is 18 under the age of 15 and if requested by the victim's parents 19 or legal guardian, the court shall notify the victim's 20 parents or the legal guardian, of the results of the test for 21 infection with the human immunodeficiency virus (HIV). The 22 court shall provide information on the availability of HIV 23 testing and counseling at the Department of Public Health 24 facilities to all parties to whom the results of the testing 25 are revealed. The court shall order that the cost of any 26 test shall be paid by the county and may be taxed as costs 27 against the minor. 28 (10) When a court finds a minor to be guilty the court 29 shall, before entering a sentencing order under this Section, 30 make a finding whether the offense committed either: (a) was 31 related to or in furtherance of the criminal activities of an 32 organized gang or was motivated by the minor's membership in 33 or allegiance to an organized gang, or (b) involved a 34 violation of subsection (a) of Section 12-7.1 of the Criminal SB1360 Engrossed -89- LRB9111041WHmb 1 Code of 1961, a violation of any Section of Article 24 of the 2 Criminal Code of 1961, or a violation of any statute that 3 involved the wrongful use of a firearm. If the court 4 determines the question in the affirmative, and the court 5 does not commit the minor to the Department of Corrections, 6 Juvenile Division, the court shall order the minor to perform 7 community service for not less than 30 hours nor more than 8 120 hours, provided that community service is available in 9 the jurisdiction and is funded and approved by the county 10 board of the county where the offense was committed. The 11 community service shall include, but need not be limited to, 12 the cleanup and repair of any damage caused by a violation of 13 Section 21-1.3 of the Criminal Code of 1961 and similar 14 damage to property located in the municipality or county in 15 which the violation occurred. When possible and reasonable, 16 the community service shall be performed in the minor's 17 neighborhood. This order shall be in addition to any other 18 order authorized by this Section except for an order to place 19 the minor in the custody of the Department of Corrections, 20 Juvenile Division. For the purposes of this Section, 21 "organized gang" has the meaning ascribed to it in Section 10 22 of the Illinois Streetgang Terrorism Omnibus Prevention Act. 23 (Source: P.A. 90-590, eff. 1-1-99; 91-98, eff. 1-1-00.) 24 (705 ILCS 405/5-715) 25 Sec. 5-715. Probation. 26 (1) The period of probation or conditional discharge 27 shall not exceed 5 years or until the minor has attained the 28 age of 21 years, whichever is less, except as provided in 29 this Section for a minor who is found to be guilty for an 30 offense which is first degree murder, a Class X felony or a 31 forcible felony. The juvenile court may terminate probation 32 or conditional discharge and discharge the minor at any time 33 if warranted by the conduct of the minor and the ends of SB1360 Engrossed -90- LRB9111041WHmb 1 justice; provided, however, that the period of probation for 2 a minor who is found to be guilty for an offense which is 3 first degree murder, a Class X felony, or a forcible felony 4 shall be at least 5 years. 5 (2) The court may as a condition of probation or of 6 conditional discharge require that the minor: 7 (a) not violate any criminal statute of any 8 jurisdiction; 9 (b) make a report to and appear in person before 10 any person or agency as directed by the court; 11 (c) work or pursue a course of study or vocational 12 training; 13 (d) undergo medical or psychiatric treatment, 14 rendered by a psychiatrist or psychological treatment 15 rendered by a clinical psychologist or social work 16 services rendered by a clinical social worker, or 17 treatment for drug addiction or alcoholism; 18 (e) attend or reside in a facility established for 19 the instruction or residence of persons on probation; 20 (f) support his or her dependents, if any; 21 (g) refrain from possessing a firearm or other 22 dangerous weapon, or an automobile; 23 (h) permit the probation officer to visit him or 24 her at his or her home or elsewhere; 25 (i) reside with his or her parents or in a foster 26 home; 27 (j) attend school; 28 (k) attend a non-residential program for youth; 29 (l) make restitution under the terms of subsection 30 (4) of Section 5-710; 31 (m) contribute to his or her own support at home or 32 in a foster home; 33 (n) perform some reasonable public or community 34 service; SB1360 Engrossed -91- LRB9111041WHmb 1 (o) participate with community corrections programs 2 including unified delinquency intervention services 3 administered by the Department of Human Services subject 4 to Section 5 of the Children and Family Services Act; 5 (p) pay costs; 6 (q) serve a term of home confinement. In addition 7 to any other applicable condition of probation or 8 conditional discharge, the conditions of home confinement 9 shall be that the minor: 10 (i) remain within the interior premises of the 11 place designated for his or her confinement during 12 the hours designated by the court; 13 (ii) admit any person or agent designated by 14 the court into the minor's place of confinement at 15 any time for purposes of verifying the minor's 16 compliance with the conditions of his or her 17 confinement; and 18 (iii) use an approved electronic monitoring 19 device if ordered by the court subject to Article 8A 20 of Chapter V of the Unified Code of Corrections; 21 (r) refrain from entering into a designated 22 geographic area except upon terms as the court finds 23 appropriate. The terms may include consideration of the 24 purpose of the entry, the time of day, other persons 25 accompanying the minor, and advance approval by a 26 probation officer, if the minor has been placed on 27 probation, or advance approval by the court, if the minor 28 has been placed on conditional discharge; 29 (s) refrain from having any contact, directly or 30 indirectly, with certain specified persons or particular 31 types of persons, including but not limited to members of 32 street gangs and drug users or dealers; 33 (s-5) undergo a medical or other procedure to have 34 a tattoo symbolizing allegiance to a street gang removed SB1360 Engrossed -92- LRB9111041WHmb 1 from his or her body; 2 (t) refrain from having in his or her body the 3 presence of any illicit drug prohibited by the Cannabis 4 Control Act or the Illinois Controlled Substances Act, 5 unless prescribed by a physician, and shall submit 6 samples of his or her blood or urine or both for tests to 7 determine the presence of any illicit drug; or 8 (u) comply with other conditions as may be ordered 9 by the court. 10 (3) The court may as a condition of probation or of 11 conditional discharge require that a minor found guilty on 12 any alcohol, cannabis, or controlled substance violation, 13 refrain from acquiring a driver's license during the period 14 of probation or conditional discharge. If the minor is in 15 possession of a permit or license, the court may require that 16 the minor refrain from driving or operating any motor vehicle 17 during the period of probation or conditional discharge, 18 except as may be necessary in the course of the minor's 19 lawful employment. 20 (4) A minor on probation or conditional discharge shall 21 be given a certificate setting forth the conditions upon 22 which he or she is being released. 23 (5) The court shall impose upon a minor placed on 24 probation or conditional discharge, as a condition of the 25 probation or conditional discharge, a fee of $25 for each 26 month of probation or conditional discharge supervision 27 ordered by the court, unless after determining the inability 28 of the minor placed on probation or conditional discharge to 29 pay the fee, the court assesses a lesser amount. The court 30 may not impose the fee on a minor who is made a ward of the 31 State under this Act while the minor is in placement. The 32 fee shall be imposed only upon a minor who is actively 33 supervised by the probation and court services department. 34 The court may order the parent, guardian, or legal custodian SB1360 Engrossed -93- LRB9111041WHmb 1 of the minor to pay some or all of the fee on the minor's 2 behalf. 3 (6) The General Assembly finds that in order to protect 4 the public, the juvenile justice system must compel 5 compliance with the conditions of probation by responding to 6 violations with swift, certain, and fair punishments and 7 intermediate sanctions. The Chief Judge of each circuit 8 shall adopt a system of structured, intermediate sanctions 9 for violations of the terms and conditions of a sentence of 10 supervision, probation or conditional discharge, under this 11 Act. 12 The court shall provide as a condition of a disposition 13 of probation, conditional discharge, or supervision, that the 14 probation agency may invoke any sanction from the list of 15 intermediate sanctions adopted by the chief judge of the 16 circuit court for violations of the terms and conditions of 17 the sentence of probation, conditional discharge, or 18 supervision, subject to the provisions of Section 5-720 of 19 this Act. 20 (Source: P.A. 90-590, eff. 1-1-99; 91-98, eff. 1-1-00.) 21 (705 ILCS 405/5-720) 22 Sec. 5-720. Probation revocation. 23 (1) If a petition is filed charging a violation of a 24 condition of probation or of conditional discharge, the court 25 shall: 26 (a) order the minor to appear; or 27 (b) order the minor's detention if the court finds 28 that the detention is a matter of immediate and urgent 29 necessity for the protection of the minor or of the 30 person or property of another or that the minor is likely 31 to flee the jurisdiction of the court, provided that any 32 such detention shall be in a juvenile detention home and 33 the minor so detained shall be 10 years of age or older; SB1360 Engrossed -94- LRB9111041WHmb 1 and 2 (c) notify the persons named in the petition under 3 Section 5-520, in accordance with the provisions of 4 Section 5-530. 5 In making its detention determination under paragraph (b) 6 of this subsection (1) of this Section, the court may use 7 information in its findings offered at such a hearing by way 8 of proffer based upon reliable information presented by the 9 State, probation officer, or the minor. The filing of a 10 petition for violation of a condition of probation or of 11 conditional discharge shall toll the period of probation or 12 of conditional discharge until the final determination of the 13 charge, and the term of probation or conditional discharge 14 shall not run until the hearing and disposition of the 15 petition for violation. 16 (2) The court shall conduct a hearing of the alleged 17 violation of probation or of conditional discharge. The 18 minor shall not be held in detention longer than 15 days 19 pending the determination of the alleged violation. 20 (3) At the hearing, the State shall have the burden of 21 going forward with the evidence and proving the violation by 22 a preponderance of the evidence. The evidence shall be 23 presented in court with the right of confrontation, 24 cross-examination, and representation by counsel. 25 (4) If the court finds that the minor has violated a 26 condition at any time prior to the expiration or termination 27 of the period of probation or conditional discharge, it may 28 continue him or her on the existing sentence, with or without 29 modifying or enlarging the conditions, or may revoke 30 probation or conditional discharge and impose any other 31 sentence that was available under Section 5-710 at the time 32 of the initial sentence. 33 (5) The conditions of probation and of conditional 34 discharge may be reduced or enlarged by the court on motion SB1360 Engrossed -95- LRB9111041WHmb 1 of the probation officer or on its own motion or at the 2 request of the minor after notice and hearing under this 3 Section. 4 (6) Sentencing after revocation of probation or of 5 conditional discharge shall be under Section 5-705. 6 (7) Instead of filing a violation of probation or of 7 conditional discharge, the probation officer, with the 8 concurrence of his or her supervisor, may serve on the minor 9 a notice of intermediate sanctions. The notice shall contain 10 the technical violation or violations involved, the date or 11 dates of the violation or violations, and the intermediate 12 sanctions to be imposed. Upon receipt of the notice, the 13 minor shall immediately accept or reject the intermediate 14 sanctions. If the sanctions are accepted, they shall be 15 imposed immediately. If the intermediate sanctions are 16 rejected or the minor does not respond to the notice, a 17 violation of probation or of conditional discharge shall be 18 immediately filed with the court. The State's Attorney and 19 the sentencing court shall be notified of the notice of 20 sanctions. Upon successful completion of the intermediate 21 sanctions, a court may not revoke probation or conditional 22 discharge or impose additional sanctions for the same 23 violation. A notice of intermediate sanctions may not be 24 issued for any violation of probation or conditional 25 discharge which could warrant an additional, separate felony 26 charge. 27 (Source: P.A. 90-590, eff. 1-1-99.) 28 (705 ILCS 405/5-725) 29 Sec. 5-725. Protective supervision. If the sentencing 30 order releases the minor to the custody of his or her 31 parents, guardian or legal custodian, or continues him or her 32 in such custody, the court may place the person having 33 custody of the minor, except for representatives of private SB1360 Engrossed -96- LRB9111041WHmb 1 or public agencies or governmental departments, under 2 supervision of the probation office. Rules or orders of court 3 shall define the terms and conditions of protective 4 supervision, which may be modified or terminated when the 5 court finds that the best interests of the minor and the 6 public will be served by modifying or terminating protective 7 supervision. 8 (Source: P.A. 90-590, eff. 1-1-99.) 9 (705 ILCS 405/5-730) 10 Sec. 5-730. Order of protection. 11 (1) The court may make an order of protection in 12 assistance of or as a condition of any other order authorized 13 by this Act. The order of protection may set forth 14 reasonable conditions of behavior to be observed for a 15 specified period. The order may require a person: 16 (a) to stay away from the home or the minor; 17 (b) to permit a parent to visit the minor at stated 18 periods; 19 (c) to abstain from offensive conduct against the 20 minor, his or her parent or any person to whom custody of 21 the minor is awarded; 22 (d) to give proper attention to the care of the 23 home; 24 (e) to cooperate in good faith with an agency to 25 which custody of a minor is entrusted by the court or 26 with an agency or association to which the minor is 27 referred by the court; 28 (f) to prohibit and prevent any contact whatsoever 29 with the respondent minor by a specified individual or 30 individuals who are alleged in either a criminal or 31 juvenile proceeding to have caused injury to a respondent 32 minor or a sibling of a respondent minor; 33 (g) to refrain from acts of commission or omission SB1360 Engrossed -97- LRB9111041WHmb 1 that tend to make the home not a proper place for the 2 minor. 3 (2) The court shall enter an order of protection to 4 prohibit and prevent any contact between a respondent minor 5 or a sibling of a respondent minor and any person named in a 6 petition seeking an order of protection who has been 7 convicted of heinous battery under Section 12-4.1, aggravated 8 battery of a child under Section 12-4.3, criminal sexual 9 assault under Section 12-13, aggravated criminal sexual 10 assault under Section 12-14, predatory criminal sexual 11 assault of a child under Section 12-14.1, criminal sexual 12 abuse under Section 12-15, or aggravated criminal sexual 13 abuse under Section 12-16 of the Criminal Code of 1961, or 14 has been convicted of an offense that resulted in the death 15 of a child, or has violated a previous order of protection 16 under this Section. 17 (3) When the court issues an order of protection against 18 any person as provided by this Section, the court shall 19 direct a copy of such order to the sheriff of that county. 20 The sheriff shall furnish a copy of the order of protection 21 to the Department of State Police within 24 hours of receipt, 22 in the form and manner required by the Department. The 23 Department of State Police shall maintain a complete record 24 and index of the orders of protection and make this data 25 available to all local law enforcement agencies. 26 (4) After notice and opportunity for hearing afforded to 27 a person subject to an order of protection, the order may be 28 modified or extended for a further specified period or both 29 or may be terminated if the court finds that the best 30 interests of the minor and the public will be served by the 31 modification, extension, or termination. 32 (5) An order of protection may be sought at any time 33 during the course of any proceeding conducted under this Act. 34 Any person against whom an order of protection is sought may SB1360 Engrossed -98- LRB9111041WHmb 1 retain counsel to represent him or her at a hearing, and has 2 rights to be present at the hearing, to be informed prior to 3 the hearing in writing of the contents of the petition 4 seeking a protective order and of the date, place, and time 5 of the hearing, and to cross-examine witnesses called by the 6 petitioner and to present witnesses and argument in 7 opposition to the relief sought in the petition. 8 (6) Diligent efforts shall be made by the petitioner to 9 serve any person or persons against whom any order of 10 protection is sought with written notice of the contents of 11 the petition seeking a protective order and of the date, 12 place and time at which the hearing on the petition is to be 13 held. When a protective order is being sought in conjunction 14 with a shelter care or detention hearing, if the court finds 15 that the person against whom the protective order is being 16 sought has been notified of the hearing or that diligent 17 efforts have been made to notify the person, the court may 18 conduct a hearing. If a protective order is sought at any 19 time other than in conjunction with a shelter care or 20 detention hearing, the court may not conduct a hearing on the 21 petition in the absence of the person against whom the order 22 is sought unless the petitioner has notified the person by 23 personal service at least 3 days before the hearing or has 24 sent written notice by first class mail to the person's last 25 known address at least 5 days before the hearing. 26 (7) A person against whom an order of protection is 27 being sought who is neither a parent, guardian, or legal 28 custodian or responsible relative as described in Section 1-5 29 of this Act or is not a party or respondent as defined in 30 that Section shall not be entitled to the rights provided in 31 that Section. The person does not have a right to appointed 32 counsel or to be present at any hearing other than the 33 hearing in which the order of protection is being sought or a 34 hearing directly pertaining to that order. Unless the court SB1360 Engrossed -99- LRB9111041WHmb 1 orders otherwise, the person does not have a right to inspect 2 the court file. 3 (8) All protective orders entered under this Section 4 shall be in writing. Unless the person against whom the order 5 was obtained was present in court when the order was issued, 6 the sheriff, other law enforcement official, or special 7 process server shall promptly serve that order upon that 8 person and file proof of that service, in the manner provided 9 for service of process in civil proceedings. The person 10 against whom the protective order was obtained may seek a 11 modification of the order by filing a written motion to 12 modify the order within 7 days after actual receipt by the 13 person of a copy of the order. 14 (Source: P.A. 90-590, eff. 1-1-99.) 15 (705 ILCS 405/5-735) 16 Sec. 5-735. Enforcement of orders of protective 17 supervision or of protection. 18 (1) Orders of protective supervision and orders of 19 protection may be enforced by citation to show cause for 20 contempt of court by reason of any violation of the order 21 and, where protection of the welfare of the minor so 22 requires, by the issuance of a warrant to take the alleged 23 violator into custody and bring him or her before the court. 24 (2) In any case where an order of protection has been 25 entered, the clerk of the court may issue to the petitioner, 26 to the minor or to any other person affected by the order a 27 certificate stating that an order of protection has been made 28 by the court concerning those persons and setting forth its 29 terms and requirements. The presentation of the certificate 30 to any peace officer authorizes him or her to take into 31 custody a person charged with violating the terms of the 32 order of protection, to bring the person before the court 33 and, within the limits of his or her legal authority as a SB1360 Engrossed -100- LRB9111041WHmb 1 peace officer, otherwise to aid in securing the protection 2 the order is intended to afford. 3 (Source: P.A. 90-590, eff. 1-1-99.) 4 (705 ILCS 405/5-740) 5 Sec. 5-740. Placement; legal custody or guardianship. 6 (1) If the court finds that the parents, guardian, or 7 legal custodian of a minor adjudged a ward of the court are 8 unfit or are unable, for some reason other than financial 9 circumstances alone, to care for, protect, train or 10 discipline the minor or are unwilling to do so, and that 11 appropriate services aimed at family preservation and family 12 reunification have been unsuccessful in rectifying the 13 conditions which have led to a finding of unfitness or 14 inability to care for, protect, train or discipline the 15 minor, and that it is in the best interest of the minor to 16 take him or her from the custody of his or her parents, 17 guardian or custodian, the court may: 18 (a) place him or her in the custody of a suitable 19 relative or other person; 20 (b) place him or her under the guardianship of a 21 probation officer; 22 (c) commit him or her to an agency for care or 23 placement, except an institution under the authority of 24 the Department of Corrections or of the Department of 25 Children and Family Services; 26 (d) commit him or her to some licensed training 27 school or industrial school; or 28 (e) commit him or her to any appropriate 29 institution having among its purposes the care of 30 delinquent children, including a child protective 31 facility maintained by a child protection district 32 serving the county from which commitment is made, but not 33 including any institution under the authority of the SB1360 Engrossed -101- LRB9111041WHmb 1 Department of Corrections or of the Department of 2 Children and Family Services. 3 (2) When making such placement, the court, wherever 4 possible, shall select a person holding the same religious 5 belief as that of the minor or a private agency controlled by 6 persons of like religious faith of the minor and shall 7 require the Department of Children and Family Services to 8 otherwise comply with Section 7 of the Children and Family 9 Services Act in placing the child. In addition, whenever 10 alternative plans for placement are available, the court 11 shall ascertain and consider, to the extent appropriate in 12 the particular case, the views and preferences of the minor. 13 (3) When a minor is placed with a suitable relative or 14 other person, the court shall appoint him or her the legal 15 custodian or guardian of the person of the minor. When a 16 minor is committed to any agency, the court shall appoint the 17 proper officer or representative of the proper officer as 18 legal custodian or guardian of the person of the minor. 19 Legal custodians and guardians of the person of the minor 20 have the respective rights and duties set forth in subsection 21 (9) of Section 5-105 except as otherwise provided by order of 22 court; but no guardian of the person may consent to adoption 23 of the minor. An agency whose representative is appointed 24 guardian of the person or legal custodian of the minor may 25 place him or her in any child care facility, but the facility 26 must be licensed under the Child Care Act of 1969 or have 27 been approved by the Department of Children and Family 28 Services as meeting the standards established for such 29 licensing. Like authority and restrictions shall be 30 conferred by the court upon any probation officer who has 31 been appointed guardian of the person of a minor. 32 (4) No placement by any probation officer or agency 33 whose representative is appointed guardian of the person or 34 legal custodian of a minor may be made in any out of State SB1360 Engrossed -102- LRB9111041WHmb 1 child care facility unless it complies with the Interstate 2 Compact on the Placement of Children. 3 (5) The clerk of the court shall issue to the guardian 4 or legal custodian of the person a certified copy of the 5 order of court, as proof of his or her authority. No other 6 process is necessary as authority for the keeping of the 7 minor. 8 (6) Legal custody or guardianship granted under this 9 Section continues until the court otherwise directs, but not 10 after the minor reaches the age of 21 years except as set 11 forth in Section 5-750. 12 (Source: P.A. 90-590, eff. 1-1-99.) 13 (705 ILCS 405/5-745) 14 Sec. 5-745. Court review. 15 (1) The court may require any legal custodian or 16 guardian of the person appointed under this Act to report 17 periodically to the court or may cite him or her into court 18 and require him or her, or his or her agency, to make a full 19 and accurate report of his or her or its doings in behalf of 20 the minor. The legal custodian or guardian, within 10 days 21 after the citation, shall make the report, either in writing 22 verified by affidavit or orally under oath in open court, or 23 otherwise as the court directs. Upon the hearing of the 24 report the court may remove the legal custodian or guardian 25 and appoint another in his or her stead or restore the minor 26 to the custody of his or her parents or former guardian or 27 legal custodian. 28 (2) A guardian or legal custodian appointed by the court 29 under this Act shall file updated case plans with the court 30 every 6 months. Every agency which has guardianship of a 31 child shall file a supplemental petition for court review, or 32 review by an administrative body appointed or approved by the 33 court and further order within 18 months of the sentencing SB1360 Engrossed -103- LRB9111041WHmb 1 order and each 18 months thereafter. The petition shall 2 state facts relative to the child's present condition of 3 physical, mental and emotional health as well as facts 4 relative to his or her present custodial or foster care. The 5 petition shall be set for hearing and the clerk shall mail 10 6 days notice of the hearing by certified mail, return receipt 7 requested, to the person or agency having the physical 8 custody of the child, the minor and other interested parties 9 unless a written waiver of notice is filed with the petition. 10 Rights of wards of the court under this Act are 11 enforceable against any public agency by complaints for 12 relief by mandamus filed in any proceedings brought under 13 this Act. 14 (3) The minor or any person interested in the minor may 15 apply to the court for a change in custody of the minor and 16 the appointment of a new custodian or guardian of the person 17 or for the restoration of the minor to the custody of his or 18 her parents or former guardian or custodian. In the event 19 that the minor has attained 18 years of age and the guardian 20 or custodian petitions the court for an order terminating his 21 or her guardianship or custody, guardianship or legal custody 22 shall terminate automatically 30 days after the receipt of 23 the petition unless the court orders otherwise. No legal 24 custodian or guardian of the person may be removed without 25 his or her consent until given notice and an opportunity to 26 be heard by the court. 27 (Source: P.A. 90-590, eff. 1-1-99.) 28 (705 ILCS 405/5-750) 29 Sec. 5-750. Commitment to the Department of Corrections, 30 Juvenile Division. 31 (1) Except as provided in subsection (2) of this 32 Section, when any delinquent has been adjudged a ward of the 33 court under this Act, the court may commit him or her to the SB1360 Engrossed -104- LRB9111041WHmb 1 Department of Corrections, Juvenile Division, if it finds 2 that (a) his or her parents, guardian or legal custodian are 3 unfit or are unable, for some reason other than financial 4 circumstances alone, to care for, protect, train or 5 discipline the minor, or are unwilling to do so, and the best 6 interests of the minor and the public will not be served by 7 placement under Section 5-740 or; (b) it is necessary to 8 ensure the protection of the public from the consequences of 9 criminal activity of the delinquent. 10 (2) When a minor of the age of at least 13 years is 11 adjudged delinquent for the offense of first degree murder, 12 the court shall declare the minor a ward of the court and 13 order the minor committed to the Department of Corrections, 14 Juvenile Division, until the minor's 21st birthday, without 15 the possibility of parole, furlough, or non-emergency 16 authorized absence for a period of 5 years from the date the 17 minor was committed to the Department of Corrections, except 18 that the time that a minor spent in custody for the instant 19 offense before being committed to the Department shall be 20 considered as time credited towards that 5 year period. 21 Nothing in this subsection (2) shall preclude the State's 22 Attorney from seeking to prosecute a minor as an adult as an 23 alternative to proceeding under this Act. 24 (3) Except as provided in subsection (2), the commitment 25 of a delinquent to the Department of Corrections shall be for 26 an indeterminate term which shall automatically terminate 27 upon the delinquent attaining the age of 21 years unless the 28 delinquent is sooner discharged from parole or custodianship 29 is otherwise terminated in accordance with this Act or as 30 otherwise provided for by law. 31 (4) When the court commits a minor to the Department of 32 Corrections, it shall order him or her conveyed forthwith to 33 the appropriate reception station or other place designated 34 by the Department of Corrections, and shall appoint the SB1360 Engrossed -105- LRB9111041WHmb 1 Assistant Director of Corrections, Juvenile Division, legal 2 custodian of the minor. The clerk of the court shall issue 3 to the Assistant Director of Corrections, Juvenile Division, 4 a certified copy of the order, which constitutes proof of the 5 Director's authority. No other process need issue to warrant 6 the keeping of the minor. 7 (5) If a minor is committed to the Department of 8 Corrections, Juvenile Division, the clerk of the court shall 9 forward to the Department: 10 (a) the disposition ordered; 11 (b) all reports; 12 (c) the court's statement of the basis for ordering 13 the disposition; and 14 (d) all additional matters which the court directs 15 the clerk to transmit. 16 (6) Whenever the Department of Corrections lawfully 17 discharges from its custody and control a minor committed to 18 it, the Assistant Director of Corrections, Juvenile Division, 19 shall petition the court for an order terminating his or her 20 custodianship. The custodianship shall terminate 21 automatically 30 days after receipt of the petition unless 22 the court orders otherwise. 23 (Source: P.A. 90-590, eff. 1-1-99.) 24 (705 ILCS 405/5-755) 25 Sec. 5-755. Duration of wardship and discharge of 26 proceedings. 27 (1) All proceedings under this Act in respect of any 28 minor for whom a petition was filed on or after the effective 29 date of this amendatory Act of 1998 automatically terminate 30 upon his or her attaining the age of 21 years except that 31 provided in Section 5-810. 32 (2) Whenever the court finds that the best interests of 33 the minor and the public no longer require the wardship of SB1360 Engrossed -106- LRB9111041WHmb 1 the court, the court shall order the wardship terminated and 2 all proceedings under this Act respecting that minor finally 3 closed and discharged. The court may at the same time 4 continue or terminate any custodianship or guardianship 5 previously ordered but the termination must be made in 6 compliance with Section 5-745. 7 (3) The wardship of the minor and any legal 8 custodianship or guardianship respecting the minor for whom a 9 petition was filed on or after the effective date of this 10 amendatory Act of 1998 automatically terminates when he or 11 she attains the age of 21 years except as set forth in 12 subsection (1) of this Section. The clerk of the court shall 13 at that time record all proceedings under this Act as finally 14 closed and discharged for that reason. 15 (Source: P.A. 90-590, eff. 1-1-99.) 16 PART 8. VIOLENT AND HABITUAL JUVENILE 17 OFFENDER PROVISIONS 18 (705 ILCS 405/5-801) 19 Sec. 5-801. Legislative declaration. The General 20 Assembly finds that a substantial and disproportionate amount 21 of serious crime is committed by a relatively small number of 22 juvenile offenders. Part 8 of this Article addresses these 23 juvenile offenders and, in all proceedings under Sections 24 5-805, 5-810, and 5-815, the community's right to be 25 protected shall be the most important purpose of the 26 proceedings. 27 (Source: P.A. 90-590, eff. 1-1-99.) 28 (705 ILCS 405/5-805) 29 Sec. 5-805. Transfer of jurisdiction. 30 (1) Mandatory transfers. 31 (a) If a petition alleges commission by a minor 15 SB1360 Engrossed -107- LRB9111041WHmb 1 years of age or older of an act that constitutes a 2 forcible felony under the laws of this State, and if a 3 motion by the State's Attorney to prosecute the minor 4 under the criminal laws of Illinois for the alleged 5 forcible felony alleges that (i) the minor has previously 6 been adjudicated delinquent or found guilty for 7 commission of an act that constitutes a felony under the 8 laws of this State or any other state and (ii) the act 9 that constitutes the offense was committed in furtherance 10 of criminal activity by an organized gang, the Juvenile 11 Judge assigned to hear and determine those motions shall, 12 upon determining that there is probable cause that both 13 allegations are true, enter an order permitting 14 prosecution under the criminal laws of Illinois. 15 (b) If a petition alleges commission by a minor 15 16 years of age or older of an act that constitutes a felony 17 under the laws of this State, and if a motion by a 18 State's Attorney to prosecute the minor under the 19 criminal laws of Illinois for the alleged felony alleges 20 that (i) the minor has previously been adjudicated 21 delinquent or found guilty for commission of an act that 22 constitutes a forcible felony under the laws of this 23 State or any other state and (ii) the act that 24 constitutes the offense was committed in furtherance of 25 criminal activities by an organized gang, the Juvenile 26 Judge assigned to hear and determine those motions shall, 27 upon determining that there is probable cause that both 28 allegations are true, enter an order permitting 29 prosecution under the criminal laws of Illinois. 30 (c) If a petition alleges commission by a minor 15 31 years of age or older of: (i) an act that constitutes an 32 offense enumerated in the presumptive transfer provisions 33 of subsection (2); and (ii) the minor has previously been 34 adjudicated delinquent or found guilty of a forcible SB1360 Engrossed -108- LRB9111041WHmb 1 felony, the Juvenile Judge designated to hear and 2 determine those motions shall, upon determining that 3 there is probable cause that both allegations are true, 4 enter an order permitting prosecution under the criminal 5 laws of Illinois. 6 (d) If a petition alleges commission by a minor 15 7 years of age or older of an act that constitutes the 8 offense of aggravated discharge of a firearm committed in 9 a school, on the real property comprising a school, 10 within 1,000 feet of the real property comprising a 11 school, at a school related activity, or on, boarding, or 12 departing from any conveyance owned, leased, or 13 contracted by a school or school district to transport 14 students to or from school or a school related activity, 15 regardless of the time of day or the time of year, the 16 juvenile judge designated to hear and determine those 17 motions shall, upon determining that there is probable 18 cause that the allegations are true, enter an order 19 permitting prosecution under the criminal laws of 20 Illinois. 21 For purposes of this paragraph (d) of subsection 22 (1): 23 "School" means a public or private elementary or 24 secondary school, community college, college, or 25 university. 26 "School related activity" means any sporting, 27 social, academic, or other activity for which students' 28 attendance or participation is sponsored, organized, or 29 funded in whole or in part by a school or school 30 district. 31 (2) Presumptive transfer. 32 (a) If the State's Attorney files a petition, at 33 any time prior to commencement of the minor's trial, to 34 permit prosecution under the criminal laws and the SB1360 Engrossed -109- LRB9111041WHmb 1 petition alleges the commission by a minor 15 years of 2 age or older of: (i) a Class X felony other than armed 3 violence; (ii) aggravated discharge of a firearm; (iii) 4 armed violence with a firearm when the predicate offense 5 is a Class 1 or Class 2 felony and the State's Attorney's 6 motion to transfer the case alleges that the offense 7 committed is in furtherance of the criminal activities of 8 an organized gang; (iv) armed violence with a firearm 9 when the predicate offense is a violation of the Illinois 10 Controlled Substances Act or a violation of the Cannabis 11 Control Act; (v) armed violence when the weapon involved 12 was a machine gun or other weapon described in subsection 13 (a)(7) of Section 24-1 of the Criminal Code of 1961, and, 14 if the juvenile judge assigned to hear and determine 15 motions to transfer a case for prosecution in the 16 criminal court determines that there is probable cause to 17 believe that the allegations in the petition and motion 18 are true, there is a rebuttable presumption that the 19 minor is not a fit and proper subject to be dealt with 20 under the Juvenile Justice Reform Provisions of 1998 21 (Public Act 90-590), and that, except as provided in 22 paragraph (b), the case should be transferred to the 23 criminal court. 24 (b) The judge shall enter an order permitting 25 prosecution under the criminal laws of Illinois unless 26 the judge makes a finding based on clear and convincing 27 evidence that the minor would be amenable to the care, 28 treatment, and training programs available through the 29 facilities of the juvenile court based on an evaluation 30 of the following: 31 (i) The seriousness of the alleged offense; 32 (ii) The minor's history of delinquency; 33 (iii) The age of the minor; 34 (iv) The culpability of the minor in committing SB1360 Engrossed -110- LRB9111041WHmb 1 the alleged offense; 2 (v) Whether the offense was committed in an 3 aggressive or premeditated manner; 4 (vi) Whether the minor used or possessed a deadly 5 weapon when committing the alleged offense; 6 (vii) The minor's history of services, including 7 the minor's willingness to participate meaningfully in 8 available services; 9 (viii) Whether there is a reasonable likelihood that 10 the minor can be rehabilitated before the expiration of 11 the juvenile court's jurisdiction; 12 (ix) The adequacy of the punishment or services 13 available in the juvenile justice system. 14 In considering these factors, the court shall give 15 greater weight to the seriousness of the alleged offense and 16 the minor's prior record of delinquency than to the other 17 factors listed in this subsection. 18 (3) Discretionary transfer. 19 (a) If a petition alleges commission by a minor 13 20 years of age or over of an act that constitutes a crime 21 under the laws of this State and, on motion of the 22 State's Attorney to permit prosecution of the minor under 23 the criminal laws, a Juvenile Judge assigned by the Chief 24 Judge of the Circuit to hear and determine those motions, 25 after hearing but before commencement of the trial, finds 26 that there is probable cause to believe that the 27 allegations in the motion are true and that it is not in 28 the best interests of the public to proceed under this 29 Act, the court may enter an order permitting prosecution 30 under the criminal laws. 31 (b) In making its determination on the motion to 32 permit prosecution under the criminal laws, the court 33 shall consider among other matters: 34 (i) The seriousness of the alleged offense; SB1360 Engrossed -111- LRB9111041WHmb 1 (ii) The minor's history of delinquency; 2 (iii) The age of the minor; 3 (iv) The culpability of the minor in committing the 4 alleged offense; 5 (v) Whether the offense was committed in an 6 aggressive or premeditated manner; 7 (vi) Whether the minor used or possessed a deadly 8 weapon when committing the alleged offense; 9 (vii) The minor's history of services, including 10 the minor's willingness to participate meaningfully in 11 available services; 12 (viii) The adequacy of the punishment or services 13 available in the juvenile justice system. 14 In considering these factors, the court shall give 15 greater weight to the seriousness of the alleged offense and 16 the minor's prior record of delinquency than to the other 17 factors listed in this subsection. 18 (4) The rules of evidence for this hearing shall be the 19 same as under Section 5-705 of this Act. A minor must be 20 represented in court by counsel before the hearing may be 21 commenced. 22 (5) If criminal proceedings are instituted, the petition 23 for adjudication of wardship shall be dismissed insofar as 24 the act or acts involved in the criminal proceedings. Taking 25 of evidence in a trial on petition for adjudication of 26 wardship is a bar to criminal proceedings based upon the 27 conduct alleged in the petition. 28 (Source: P.A. 90-590, eff. 1-1-99; 91-15, eff. 1-1-00; 29 91-357, eff. 7-29-99.) 30 (705 ILCS 405/5-810) 31 Sec. 5-810. Extended jurisdiction juvenile prosecutions. 32 (1) If the State's Attorney files a petition, at any 33 time prior to commencement of the minor's trial, to designate SB1360 Engrossed -112- LRB9111041WHmb 1 the proceeding as an extended jurisdiction juvenile 2 prosecution and the petition alleges the commission by a 3 minor 13 years of age or older of any offense which would be 4 a felony if committed by an adult, and, if the juvenile judge 5 assigned to hear and determine petitions to designate the 6 proceeding as an extended jurisdiction juvenile prosecution 7 determines that there is probable cause to believe that the 8 allegations in the petition and motion are true, there is a 9 rebuttable presumption that the proceeding shall be 10 designated as an extended jurisdiction juvenile proceeding. 11 (b) The judge shall enter an order designating the 12 proceeding as an extended jurisdiction juvenile proceeding 13 unless the judge makes a finding based on clear and 14 convincing evidence that sentencing under the Chapter V of 15 the Unified Code of Corrections would not be appropriate for 16 the minor based on an evaluation of the following factors: 17 (i) The seriousness of the alleged offense; 18 (ii) The minor's history of delinquency; 19 (iii) The age of the minor; 20 (iv) The culpability of the minor in committing the 21 alleged offense; 22 (v) Whether the offense was committed in an 23 aggressive or premeditated manner; 24 (vi) Whether the minor used or possessed a deadly 25 weapon when committing the alleged offense. 26 In considering these factors, the court shall give 27 greater weight to the seriousness of the alleged offense and 28 the minor's prior record of delinquency than to other factors 29 listed in this subsection. 30 (2) Procedures for extended jurisdiction juvenile 31 prosecutions. 32 (a) The State's Attorney may file a written motion 33 for a proceeding to be designated as an extended juvenile 34 jurisdiction prior to commencement of trial. Notice of SB1360 Engrossed -113- LRB9111041WHmb 1 the motion shall be in compliance with Section 5-530. 2 When the State's Attorney files a written motion that a 3 proceeding be designated an extended jurisdiction 4 juvenile prosecution, the court shall commence a hearing 5 within 30 days of the filing of the motion for 6 designation, unless good cause is shown by the 7 prosecution or the minor as to why the hearing could not 8 be held within this time period. If the court finds good 9 cause has been demonstrated, then the hearing shall be 10 held within 60 days of the filing of the motion. The 11 hearings shall be open to the public unless the judge 12 finds that the hearing should be closed for the 13 protection of any party, victim or witness. If the 14 Juvenile Judge assigned to hear and determine a motion to 15 designate an extended jurisdiction juvenile prosecution 16 determines that there is probable cause to believe that 17 the allegations in the petition and motion are true the 18 court shall grant the motion for designation. 19 Information used by the court in its findings or stated 20 in or offered in connection with this Section may be by 21 way of proffer based on reliable information offered by 22 the State or the minor. All evidence shall be admissible 23 if it is relevant and reliable regardless of whether it 24 would be admissible under the rules of evidence. 25 (3) Trial. A minor who is subject of an extended 26 jurisdiction juvenile prosecution has the right to trial by 27 jury. Any trial under this Section shall be open to the 28 public. 29 (4) Sentencing. If an extended jurisdiction juvenile 30 prosecution under subsections (1) results in a guilty plea, a 31 verdict of guilty, or a finding of guilt, the court shall 32 impose the following: 33 (i) one or more juvenile sentences under Section 34 5-710; and SB1360 Engrossed -114- LRB9111041WHmb 1 (ii) an adult criminal sentence in accordance with 2 the provisions of Chapter V of the Unified Code of 3 Corrections, the execution of which shall be stayed on 4 the condition that the offender not violate the 5 provisions of the juvenile sentence. 6 Any sentencing hearing under this Section shall be open to 7 the public. 8 (5) If, after an extended jurisdiction juvenile 9 prosecution trial, a minor is convicted of a lesser-included 10 offense or of an offense that the State's Attorney did not 11 designate as an extended jurisdiction juvenile prosecution, 12 the State's Attorney may file a written motion, within 10 13 days of the finding of guilt, that the minor be sentenced as 14 an extended jurisdiction juvenile prosecution offender. The 15 court shall rule on this motion using the factors found in 16 paragraph (1) (b) of Section 5-805. If the court denies the 17 State's Attorney's motion for sentencing under the extended 18 jurisdiction juvenile prosecution provision, the court shall 19 proceed to sentence the minor under Section 5-710. 20 (6) When it appears that a minor convicted in an 21 extended jurisdiction juvenile prosecution under subsection 22 (1) has violated the conditions of his or her sentence, or is 23 alleged to have committed a new offense upon the filing of a 24 petition to revoke the stay, the court may, without notice, 25 issue a warrant for the arrest of the minor. After a hearing, 26 if the court finds by a preponderance of the evidence that 27 the minor committed a new offense, the court shall order 28 execution of the previously imposed adult criminal sentence. 29 After a hearing, if the court finds by a preponderance of the 30 evidence that the minor committed a violation of his or her 31 sentence other than by a new offense, the court may order 32 execution of the previously imposed adult criminal sentence 33 or may continue him or her on the existing juvenile sentence 34 with or without modifying or enlarging the conditions. Upon SB1360 Engrossed -115- LRB9111041WHmb 1 revocation of the stay of the adult criminal sentence and 2 imposition of that sentence, the minor's extended 3 jurisdiction juvenile status shall be terminated. The 4 on-going jurisdiction over the minor's case shall be assumed 5 by the adult criminal court and juvenile court jurisdiction 6 shall be terminated and a report of the imposition of the 7 adult sentence shall be sent to the Department of State 8 Police. 9 (7) Upon successful completion of the juvenile sentence 10 the court shall vacate the adult criminal sentence. 11 (8) Nothing in this Section precludes the State from 12 filing a motion for transfer under Section 5-805. 13 (Source: P.A. 90-590, eff. 1-1-99.) 14 (705 ILCS 405/5-815) 15 Sec. 5-815. Habitual Juvenile Offender. 16 (a) Definition. Any minor having been twice adjudicated 17 a delinquent minor for offenses which, had he been prosecuted 18 as an adult, would have been felonies under the laws of this 19 State, and who is thereafter adjudicated a delinquent minor 20 for a third time shall be adjudged an Habitual Juvenile 21 Offender where: 22 1. the third adjudication is for an offense 23 occurring after adjudication on the second; and 24 2. the second adjudication was for an offense 25 occurring after adjudication on the first; and 26 3. the third offense occurred after January 1, 27 1980; and 28 4. the third offense was based upon the commission 29 of or attempted commission of the following offenses: 30 first degree murder, second degree murder or involuntary 31 manslaughter; criminal sexual assault or aggravated 32 criminal sexual assault; aggravated or heinous battery 33 involving permanent disability or disfigurement or great SB1360 Engrossed -116- LRB9111041WHmb 1 bodily harm to the victim; burglary of a home or other 2 residence intended for use as a temporary or permanent 3 dwelling place for human beings; home invasion; robbery 4 or armed robbery; or aggravated arson. 5 Nothing in this Section shall preclude the State's 6 Attorney from seeking to prosecute a minor as an adult as an 7 alternative to prosecution as an habitual juvenile offender. 8 A continuance under supervision authorized by Section 9 5-615 of this Act shall not be permitted under this Section. 10 (b) Notice to minor. The State shall serve upon the 11 minor written notice of intention to prosecute under the 12 provisions of this Section within 5 judicial days of the 13 filing of any delinquency petition, adjudication upon which 14 would mandate the minor's disposition as an Habitual Juvenile 15 Offender. 16 (c) Petition; service. A notice to seek adjudication as 17 an Habitual Juvenile Offender shall be filed only by the 18 State's Attorney. 19 The petition upon which such Habitual Juvenile Offender 20 notice is based shall contain the information and averments 21 required for all other delinquency petitions filed under this 22 Act and its service shall be according to the provisions of 23 this Act. 24 No prior adjudication shall be alleged in the petition. 25 (d) Trial. Trial on such petition shall be by jury 26 unless the minor demands, in open court and with advice of 27 counsel, a trial by the court without jury. 28 Except as otherwise provided herein, the provisions of 29 this Act concerning delinquency proceedings generally shall 30 be applicable to Habitual Juvenile Offender proceedings. 31 (e) Proof of prior adjudications. No evidence or other 32 disclosure of prior adjudications shall be presented to the 33 court or jury during any adjudicatory hearing provided for 34 under this Section unless otherwise permitted by the issues SB1360 Engrossed -117- LRB9111041WHmb 1 properly raised in such hearing. In the event the minor who 2 is the subject of these proceedings elects to testify on his 3 own behalf, it shall be competent to introduce evidence, for 4 purposes of impeachment, that he has previously been 5 adjudicated a delinquent minor upon facts which, had he been 6 tried as an adult, would have resulted in his conviction of a 7 felony or of any offense that involved dishonesty or false 8 statement. Introduction of such evidence shall be according 9 to the rules and procedures applicable to the impeachment of 10 an adult defendant by prior conviction. 11 After an admission of the facts in the petition or 12 adjudication of delinquency, the State's Attorney may file 13 with the court a verified written statement signed by the 14 State's Attorney concerning any prior adjudication of an 15 offense set forth in subsection (a) of this Section which 16 offense would have been a felony or of any offense that 17 involved dishonesty or false statement had the minor been 18 tried as an adult. 19 The court shall then cause the minor to be brought before 20 it; shall inform him of the allegations of the statement so 21 filed, and of his right to a hearing before the court on the 22 issue of such prior adjudication and of his right to counsel 23 at such hearing; and unless the minor admits such 24 adjudication, the court shall hear and determine such issue, 25 and shall make a written finding thereon. 26 A duly authenticated copy of the record of any such 27 alleged prior adjudication shall be prima facie evidence of 28 such prior adjudication or of any offense that involved 29 dishonesty or false statement. 30 Any claim that a previous adjudication offered by the 31 State's Attorney is not a former adjudication of an offense 32 which, had the minor been prosecuted as an adult, would have 33 resulted in his conviction of a felony or of any offense 34 that involved dishonesty or false statement, is waived unless SB1360 Engrossed -118- LRB9111041WHmb 1 duly raised at the hearing on such adjudication, or unless 2 the State's Attorney's proof shows that such prior 3 adjudication was not based upon proof of what would have been 4 a felony. 5 (f) Disposition. If the court finds that the 6 prerequisites established in subsection (a) of this Section 7 have been proven, it shall adjudicate the minor an Habitual 8 Juvenile Offender and commit him to the Department of 9 Corrections, Juvenile Division, until his 21st birthday, 10 without possibility of parole, furlough, or non-emergency 11 authorized absence. However, the minor shall be entitled to 12 earn one day of good conduct credit for each day served as 13 reductions against the period of his confinement. Such good 14 conduct credits shall be earned or revoked according to the 15 procedures applicable to the allowance and revocation of good 16 conduct credit for adult prisoners serving determinate 17 sentences for felonies. 18 For purposes of determining good conduct credit, 19 commitment as an Habitual Juvenile Offender shall be 20 considered a determinate commitment, and the difference 21 between the date of the commitment and the minor's 21st 22 birthday shall be considered the determinate period of his 23 confinement. 24 (Source: P.A. 90-590, eff. 1-1-99.) 25 (705 ILCS 405/5-820) 26 Sec. 5-820. Violent Juvenile Offender. 27 (a) Definition. A minor having been previously 28 adjudicated a delinquent minor for an offense which, had he 29 or she been prosecuted as an adult, would have been a Class 2 30 or greater felony involving the use or threat of physical 31 force or violence against an individual or a Class 2 or 32 greater felony for which an element of the offense is 33 possession or use of a firearm, and who is thereafter SB1360 Engrossed -119- LRB9111041WHmb 1 adjudicated a delinquent minor for a second time for any of 2 those offenses shall be adjudicated a Violent Juvenile 3 Offender if: 4 (1) The second adjudication is for an offense 5 occurring after adjudication on the first; and 6 (2) The second offense occurred on or after January 7 1, 1995. 8 (b) Notice to minor. The State shall serve upon the 9 minor written notice of intention to prosecute under the 10 provisions of this Section within 5 judicial days of the 11 filing of a delinquency petition, adjudication upon which 12 would mandate the minor's disposition as a Violent Juvenile 13 Offender. 14 (c) Petition; service. A notice to seek adjudication as 15 a Violent Juvenile Offender shall be filed only by the 16 State's Attorney. 17 The petition upon which the Violent Juvenile Offender 18 notice is based shall contain the information and averments 19 required for all other delinquency petitions filed under this 20 Act and its service shall be according to the provisions of 21 this Act. 22 No prior adjudication shall be alleged in the petition. 23 (d) Trial. Trial on the petition shall be by jury 24 unless the minor demands, in open court and with advice of 25 counsel, a trial by the court without a jury. 26 Except as otherwise provided in this Section, the 27 provisions of this Act concerning delinquency proceedings 28 generally shall be applicable to Violent Juvenile Offender 29 proceedings. 30 (e) Proof of prior adjudications. No evidence or other 31 disclosure of prior adjudications shall be presented to the 32 court or jury during an adjudicatory hearing provided for 33 under this Section unless otherwise permitted by the issues 34 properly raised in that hearing. In the event the minor who SB1360 Engrossed -120- LRB9111041WHmb 1 is the subject of these proceedings elects to testify on his 2 or her own behalf, it shall be competent to introduce 3 evidence, for purposes of impeachment, that he or she has 4 previously been adjudicated a delinquent minor upon facts 5 which, had the minor been tried as an adult, would have 6 resulted in the minor's conviction of a felony or of any 7 offense that involved dishonesty or false statement. 8 Introduction of such evidence shall be according to the rules 9 and procedures applicable to the impeachment of an adult 10 defendant by prior conviction. 11 After an admission of the facts in the petition or 12 adjudication of delinquency, the State's Attorney may file 13 with the court a verified written statement signed by the 14 State's Attorney concerning any prior adjudication of an 15 offense set forth in subsection (a) of this Section that 16 would have been a felony or of any offense that involved 17 dishonesty or false statement had the minor been tried as an 18 adult. 19 The court shall then cause the minor to be brought before 20 it; shall inform the minor of the allegations of the 21 statement so filed, of his or her right to a hearing before 22 the court on the issue of the prior adjudication and of his 23 or her right to counsel at the hearing; and unless the minor 24 admits the adjudication, the court shall hear and determine 25 the issue, and shall make a written finding of the issue. 26 A duly authenticated copy of the record of any alleged 27 prior adjudication shall be prima facie evidence of the prior 28 adjudication or of any offense that involved dishonesty or 29 false statement. 30 Any claim that a previous adjudication offered by the 31 State's Attorney is not a former adjudication of an offense 32 which, had the minor been prosecuted as an adult, would have 33 resulted in his or her conviction of a Class 2 or greater 34 felony involving the use or threat of force or violence, or a SB1360 Engrossed -121- LRB9111041WHmb 1 firearm, a felony or of any offense that involved dishonesty 2 or false statement is waived unless duly raised at the 3 hearing on the adjudication, or unless the State's Attorney's 4 proof shows that the prior adjudication was not based upon 5 proof of what would have been a felony. 6 (f) Disposition. If the court finds that the 7 prerequisites established in subsection (a) of this Section 8 have been proven, it shall adjudicate the minor a Violent 9 Juvenile Offender and commit the minor to the Department of 10 Corrections, Juvenile Division, until his or her 21st 11 birthday, without possibility of parole, furlough, or 12 non-emergency authorized absence. However, the minor shall 13 be entitled to earn one day of good conduct credit for each 14 day served as reductions against the period of his or her 15 confinement. The good conduct credits shall be earned or 16 revoked according to the procedures applicable to the 17 allowance and revocation of good conduct credit for adult 18 prisoners serving determinate sentences for felonies. 19 For purposes of determining good conduct credit, 20 commitment as a Violent Juvenile Offender shall be considered 21 a determinate commitment, and the difference between the date 22 of the commitment and the minor's 21st birthday shall be 23 considered the determinate period of his or her confinement. 24 (g) Nothing in this Section shall preclude the State's 25 Attorney from seeking to prosecute a minor as a habitual 26 juvenile offender or as an adult as an alternative to 27 prosecution as a Violent Juvenile Offender. 28 (h) A continuance under supervision authorized by 29 Section 5-615 of this Act shall not be permitted under this 30 Section. 31 (Source: P.A. 90-590, eff. 1-1-99.) 32 PART 9. CONFIDENTIALITY OF RECORDS AND EXPUNGEMENTS SB1360 Engrossed -122- LRB9111041WHmb 1 (705 ILCS 405/5-901) 2 Sec. 5-901. Court file. 3 (1) The Court file with respect to proceedings under 4 this Article shall consist of the petitions, pleadings, 5 victim impact statements, process, service of process, 6 orders, writs and docket entries reflecting hearings held and 7 judgments and decrees entered by the court. The court file 8 shall be kept separate from other records of the court. 9 (a) The file, including information identifying the 10 victim or alleged victim of any sex offense, shall be 11 disclosed only to the following parties when necessary 12 for discharge of their official duties: 13 (i) A judge of the circuit court and members 14 of the staff of the court designated by the judge; 15 (ii) Parties to the proceedings and their 16 attorneys; 17 (iii) Victims and their attorneys, except in 18 cases of multiple victims of sex offenses in which 19 case the information identifying the nonrequesting 20 victims shall be redacted; 21 (iv) Probation officers, law enforcement 22 officers or prosecutors or their staff; 23 (v) Adult and juvenile Prisoner Review Boards. 24 (b) The Court file redacted to remove any 25 information identifying the victim or alleged victim of 26 any sex offense shall be disclosed only to the following 27 parties when necessary for discharge of their official 28 duties: 29 (i) Authorized military personnel; 30 (ii) Persons engaged in bona fide research, 31 with the permission of the judge of the juvenile 32 court and the chief executive of the agency that 33 prepared the particular recording: provided that 34 publication of such research results in no SB1360 Engrossed -123- LRB9111041WHmb 1 disclosure of a minor's identity and protects the 2 confidentiality of the record; 3 (iii) The Secretary of State to whom the Clerk 4 of the Court shall report the disposition of all 5 cases, as required in Section 6-204 or Section 6 6-205.1 of the Illinois Vehicle Code. However, 7 information reported relative to these offenses 8 shall be privileged and available only to the 9 Secretary of State, courts, and police officers; 10 (iv) The administrator of a bonafide substance 11 abuse student assistance program with the permission 12 of the presiding judge of the juvenile court; 13 (v) Any individual, or any public or private 14 agency or institution, having custody of the 15 juvenile under court order or providing educational, 16 medical or mental health services to the juvenile or 17 a court-approved advocate for the juvenile or any 18 placement provider or potential placement provider 19 as determined by the court. 20 (3) A minor who is the victim or alleged victim in a 21 juvenile proceeding shall be provided the same 22 confidentiality regarding disclosure of identity as the minor 23 who is the subject of record. Information identifying victims 24 and alleged victims of sex offenses, shall not be disclosed 25 or open to public inspection under any circumstances. Nothing 26 in this Section shall prohibit the victim or alleged victim 27 of any sex offense from voluntarily disclosing his or her 28 identity. 29 (4) Relevant information, reports and records shall be 30 made available to the Department of Corrections when a 31 juvenile offender has been placed in the custody of the 32 Department of Corrections, Juvenile Division. 33 (5) Except as otherwise provided in this subsection (5), 34 juvenile court records shall not be made available to the SB1360 Engrossed -124- LRB9111041WHmb 1 general public but may be inspected by representatives of 2 agencies, associations and news media or other properly 3 interested persons by general or special order of the court. 4 The State's Attorney, the minor, his or her parents, guardian 5 and counsel shall at all times have the right to examine 6 court files and records. 7 (a) The court shall allow the general public to 8 have access to the name, address, and offense of a minor 9 who is adjudicated a delinquent minor under this Act 10 under either of the following circumstances: 11 (i) The adjudication of delinquency was based 12 upon the minor's commission of first degree murder, 13 attempt to commit first degree murder, aggravated 14 criminal sexual assault, or criminal sexual assault; 15 or 16 (ii) The court has made a finding that the 17 minor was at least 13 years of age at the time the 18 act was committed and the adjudication of 19 delinquency was based upon the minor's commission 20 of: (A) an act in furtherance of the commission of a 21 felony as a member of or on behalf of a criminal 22 street gang, (B) an act involving the use of a 23 firearm in the commission of a felony, (C) an act 24 that would be a Class X felony offense under or the 25 minor's second or subsequent Class 2 or greater 26 felony offense under the Cannabis Control Act if 27 committed by an adult, (D) an act that would be a 28 second or subsequent offense under Section 402 of 29 the Illinois Controlled Substances Act if committed 30 by an adult, or (E) an act that would be an offense 31 under Section 401 of the Illinois Controlled 32 Substances Act if committed by an adult. 33 (b) The court shall allow the general public to 34 have access to the name, address, and offense of a minor SB1360 Engrossed -125- LRB9111041WHmb 1 who is at least 13 years of age at the time the offense 2 is committed and who is convicted, in criminal 3 proceedings permitted or required under Section 5-805, 4 under either of the following circumstances: 5 (i) The minor has been convicted of first 6 degree murder, attempt to commit first degree 7 murder, aggravated criminal sexual assault, or 8 criminal sexual assault, 9 (ii) The court has made a finding that the 10 minor was at least 13 years of age at the time the 11 offense was committed and the conviction was based 12 upon the minor's commission of: (A) an offense in 13 furtherance of the commission of a felony as a 14 member of or on behalf of a criminal street gang, 15 (B) an offense involving the use of a firearm in the 16 commission of a felony, (C) a Class X felony offense 17 under the Cannabis Control Act or a second or 18 subsequent Class 2 or greater felony offense under 19 the Cannabis Control Act, (D) a second or subsequent 20 offense under Section 402 of the Illinois Controlled 21 Substances Act, or (E) an offense under Section 401 22 of the Illinois Controlled Substances Act. 23 (6) Nothing in this Section shall be construed to limit 24 the use of a adjudication of delinquency as evidence in any 25 juvenile or criminal proceeding, where it would otherwise be 26 admissible under the rules of evidence, including but not 27 limited to, use as impeachment evidence against any witness, 28 including the minor if he or she testifies. 29 (7) Nothing in this Section shall affect the right of a 30 Civil Service Commission or appointing authority examining 31 the character and fitness of an applicant for a position as a 32 law enforcement officer to ascertain whether that applicant 33 was ever adjudicated to be a delinquent minor and, if so, to 34 examine the records or evidence which were made in SB1360 Engrossed -126- LRB9111041WHmb 1 proceedings under this Act. 2 (8) Following any adjudication of delinquency for a 3 crime which would be a felony if committed by an adult, or 4 following any adjudication of delinquency for a violation of 5 Section 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 6 1961, the State's Attorney shall ascertain whether the minor 7 respondent is enrolled in school and, if so, shall provide a 8 copy of the sentencing order to the principal or chief 9 administrative officer of the school. Access to such 10 juvenile records shall be limited to the principal or chief 11 administrative officer of the school and any guidance 12 counselor designated by him or her. 13 (9) Nothing contained in this Act prevents the sharing 14 or disclosure of information or records relating or 15 pertaining to juveniles subject to the provisions of the 16 Serious Habitual Offender Comprehensive Action Program when 17 that information is used to assist in the early 18 identification and treatment of habitual juvenile offenders. 19 (11) The Clerk of the Circuit Court shall report to the 20 Department of State Police, in the form and manner required 21 by the Department of State Police, the final disposition of 22 each minor who has been arrested or taken into custody before 23 his or her 17th birthday for those offenses required to be 24 reported under Section 5 of the Criminal Identification Act. 25 Information reported to the Department under this Section may 26 be maintained with records that the Department files under 27 Section 2.1 of the Criminal Identification Act. 28 (12) Information or records may be disclosed to the 29 general public when the court is conducting hearings under 30 Section 5-805 or 5-810. 31 (Source: P.A. 90-590, eff. 1-1-99.) 32 (705 ILCS 405/5-905) 33 Sec. 5-905. Law enforcement records. SB1360 Engrossed -127- LRB9111041WHmb 1 (1) Law Enforcement Records. Inspection and copying of 2 law enforcement records maintained by law enforcement 3 agencies that relate to a minor who has been arrested or 4 taken into custody before his or her 17th birthday shall be 5 restricted to the following and when necessary for the 6 discharge of their official duties: 7 (a) A judge of the circuit court and members of the 8 staff of the court designated by the judge; 9 (b) Law enforcement officers, probation officers or 10 prosecutors or their staff; 11 (c) The minor, the minor's parents or legal 12 guardian and their attorneys, but only when the juvenile 13 has been charged with an offense; 14 (d) Adult and Juvenile Prisoner Review Boards; 15 (e) Authorized military personnel; 16 (f) Persons engaged in bona fide research, with the 17 permission of the judge of juvenile court and the chief 18 executive of the agency that prepared the particular 19 recording: provided that publication of such research 20 results in no disclosure of a minor's identity and 21 protects the confidentiality of the record; 22 (g) Individuals responsible for supervising or 23 providing temporary or permanent care and custody of 24 minors pursuant to orders of the juvenile court or 25 directives from officials of the Department of Children 26 and Family Services or the Department of Human Services 27 who certify in writing that the information will not be 28 disclosed to any other party except as provided under law 29 or order of court; 30 (h) The appropriate school official. Inspection 31 and copying shall be limited to law enforcement records 32 transmitted to the appropriate school official by a local 33 law enforcement agency under a reciprocal reporting 34 system established and maintained between the school SB1360 Engrossed -128- LRB9111041WHmb 1 district and the local law enforcement agency under 2 Section 10-20.14 of the School Code concerning a minor 3 enrolled in a school within the school district who has 4 been arrested for any offense classified as a felony or a 5 Class A or B misdemeanor. 6 (2) Information identifying victims and alleged victims 7 of sex offenses, shall not be disclosed or open to public 8 inspection under any circumstances. Nothing in this Section 9 shall prohibit the victim or alleged victim of any sex 10 offense from voluntarily disclosing his or her identity. 11 (3) Relevant information, reports and records shall be 12 made available to the Department of Corrections when a 13 juvenile offender has been placed in the custody of the 14 Department of Corrections, Juvenile Division. 15 (4) Nothing in this Section shall prohibit the 16 inspection or disclosure to victims and witnesses of 17 photographs contained in the records of law enforcement 18 agencies when the inspection or disclosure is conducted in 19 the presence of a law enforcement officer for purposes of 20 identification or apprehension of any person in the course of 21 any criminal investigation or prosecution. 22 (5) The records of law enforcement officers concerning 23 all minors under 17 years of age must be maintained separate 24 from the records of adults and may not be open to public 25 inspection or their contents disclosed to the public except 26 by order of the court or when the institution of criminal 27 proceedings has been permitted under Section 5-130 or 5-805 28 or required under Section 5-130 or 5-805 or such a person has 29 been convicted of a crime and is the subject of pre-sentence 30 investigation or when provided by law. 31 (6) Except as otherwise provided in this subsection (6), 32 law enforcement officers may not disclose the identity of any 33 minor in releasing information to the general public as to 34 the arrest, investigation or disposition of any case SB1360 Engrossed -129- LRB9111041WHmb 1 involving a minor. Any victim or parent or legal guardian of 2 a victim may petition the court to disclose the name and 3 address of the minor and the minor's parents or legal 4 guardian, or both. Upon a finding by clear and convincing 5 evidence that the disclosure is either necessary for the 6 victim to pursue a civil remedy against the minor or the 7 minor's parents or legal guardian, or both, or to protect the 8 victim's person or property from the minor, then the court 9 may order the disclosure of the information to the victim or 10 to the parent or legal guardian of the victim only for the 11 purpose of the victim pursuing a civil remedy against the 12 minor or the minor's parents or legal guardian, or both, or 13 to protect the victim's person or property from the minor. 14 (7) Nothing contained in this Section shall prohibit law 15 enforcement agencies when acting in their official capacity 16 from communicating with each other by letter, memorandum, 17 teletype or intelligence alert bulletin or other means the 18 identity or other relevant information pertaining to a person 19 under 17 years of age. The information provided under this 20 subsection (7) shall remain confidential and shall not be 21 publicly disclosed, except as otherwise allowed by law. 22 (8) No person shall disclose information under this 23 Section except when acting in his or her official capacity 24 and as provided by law or order of court. 25 (Source: P.A. 90-590, eff. 1-1-99; 91-479, eff. 1-1-00.) 26 (705 ILCS 405/5-910) 27 Sec. 5-910. Social, psychological and medical records. 28 (1) The social investigation, psychological and medical 29 records of any juvenile offender shall be privileged and 30 shall not be disclosed except: 31 (a) upon the written consent of the former juvenile 32 or, if the juvenile offender is under 18 years of age, by 33 the parent of the juvenile; or SB1360 Engrossed -130- LRB9111041WHmb 1 (b) upon a determination by the head of the 2 treatment facility, who has the records, that disclosure 3 to another individual or facility providing treatment to 4 the minor is necessary for the further treatment of the 5 juvenile offender; or 6 (c) when any court having jurisdiction of the 7 juvenile offender orders disclosure; or 8 (d) when requested by any attorney representing the 9 juvenile offender, but the records shall not be further 10 disclosed by the attorney unless approved by the court or 11 presented as admissible evidence; or 12 (e) upon a written request of a juvenile probation 13 officer in regard to an alleged juvenile offender when 14 the information is needed for screening and assessment 15 purposes, for preparation of a social investigation or 16 presentence investigation, or placement decisions; but 17 the records shall not be further disclosed by the 18 probation officer unless approved by the court; or 19 (f) when the State's Attorney requests a copy of 20 the social investigation for use at a sentencing hearing 21 or upon written request of the State's Attorney for 22 psychological or medical records when the minor contests 23 his fitness for trial or relies on an affirmative defense 24 of intoxication or insanity. 25 (2) Willful violation of this Section is a Class C 26 misdemeanor. 27 (3) Nothing in this Section shall operate to extinguish 28 any rights of a juvenile offender established by 29 attorney-client, physician-patient, psychologist-client or 30 social worker-client privileges except as otherwise provided 31 by law. 32 (Source: P.A. 90-590, eff. 1-1-99.) 33 (705 ILCS 405/5-915) SB1360 Engrossed -131- LRB9111041WHmb 1 Sec. 5-915. Expungement of law enforcement and juvenile 2 court records. 3 (1) Whenever any person has attained the age of 17 or 4 whenever all juvenile court proceedings relating to that 5 person have been terminated, whichever is later, the person 6 may petition the court to expunge law enforcement records 7 relating to incidents occurring before his or her 17th 8 birthday or his or her juvenile court records, or both, but 9 only in the following circumstances: 10 (a) the minor was arrested and no petition for 11 delinquency was filed with the clerk of the circuit 12 court; or 13 (b) the minor was charged with an offense and was 14 found not delinquent of that offense; or 15 (c) the minor was placed under supervision pursuant 16 to Section 5-615, and the order of supervision has since 17 been successfully terminated; or 18 (d) the minor was adjudicated for an offense which 19 would be a Class B misdemeanor if committed by an adult. 20 (2) Any person may petition the court to expunge all law 21 enforcement records relating to any incidents occurring 22 before his or her 17th birthday which did not result in 23 proceedings in criminal court and all juvenile court records 24 with respect to any adjudications except those based upon 25 first degree murder and sex offenses which would be felonies 26 if committed by an adult, if the person for whom expungement 27 is sought has had no convictions for any crime since his or 28 her 17th birthday and: 29 (a) has attained the age of 21 years; or 30 (b) 5 years have elapsed since all juvenile court 31 proceedings relating to him or her have been terminated 32 or his or her commitment to the Department of 33 Corrections, Juvenile Division pursuant to this Act has 34 been terminated; SB1360 Engrossed -132- LRB9111041WHmb 1 whichever is later of (a) or (b). 2 (3) The chief judge of the circuit in which an arrest 3 was made or a charge was brought or any judge of that circuit 4 designated by the chief judge may, upon verified petition of 5 a person who is the subject of an arrest or a juvenile court 6 proceeding under subsection (1) or (2) of this Section, order 7 the law enforcement records or official court file, or both, 8 to be expunged from the official records of the arresting 9 authority, the clerk of the circuit court and the Department 10 of State Police. Notice of the petition shall be served upon 11 the State's Attorney and upon the arresting authority which 12 is the subject of the petition for expungement. 13 (4) Upon entry of an order expunging records or files, 14 the offense, which the records or files concern shall be 15 treated as if it never occurred. Law enforcement officers and 16 other public offices and agencies shall properly reply on 17 inquiry that no record or file exists with respect to the 18 person. 19 (5) Records which have not been expunged are sealed, and 20 may be obtained only under the provisions of Sections 5-901, 21 5-905 and 5-915. 22 (6) Nothing in this Section shall be construed to 23 prohibit the maintenance of information relating to an 24 offense after records or files concerning the offense have 25 been expunged if the information is kept in a manner that 26 does not enable identification of the offender. This 27 information may only be used for statistical and bona fide 28 research purposes. 29 (Source: P.A. 90-590, eff. 1-1-99.) 30 Section 95. No acceleration or delay. Where this Act 31 makes changes in a statute that is represented in this Act by 32 text that is not yet or no longer in effect (for example, a 33 Section represented by multiple versions), the use of that SB1360 Engrossed -133- LRB9111041WHmb 1 text does not accelerate or delay the taking effect of (i) 2 the changes made by this Act or (ii) provisions derived from 3 any other Public Act. 4 Section 96. Severability. The provisions of this Act 5 are severable under Section 1.31 of the Statute on Statutes. 6 Section 99. Effective date. This Act takes effect upon 7 becoming law. SB1360 Engrossed -134- LRB9111041WHmb 1 INDEX 2 Statutes amended in order of appearance 3 705 ILCS 405/5-101 4 705 ILCS 405/5-105 5 705 ILCS 405/5-110 6 705 ILCS 405/5-115 7 705 ILCS 405/5-120 8 705 ILCS 405/5-125 9 705 ILCS 405/5-130 10 705 ILCS 405/5-135 11 705 ILCS 405/5-140 12 705 ILCS 405/5-145 13 705 ILCS 405/5-150 14 705 ILCS 405/5-155 15 705 ILCS 405/5-201 16 705 ILCS 405/5-300 17 705 ILCS 405/5-301 18 705 ILCS 405/5-305 19 705 ILCS 405/5-310 20 705 ILCS 405/5-315 21 705 ILCS 405/5-325 22 705 ILCS 405/5-330 23 705 ILCS 405/5-401 24 705 ILCS 405/5-405 25 705 ILCS 405/5-410 26 705 ILCS 405/5-407 27 705 ILCS 405/5-415 28 705 ILCS 405/5-501 29 705 ILCS 405/5-505 30 705 ILCS 405/5-510 31 705 ILCS 405/5-515 32 705 ILCS 405/5-520 33 705 ILCS 405/5-525 34 705 ILCS 405/5-530 SB1360 Engrossed -135- LRB9111041WHmb 1 705 ILCS 405/5-601 2 705 ILCS 405/5-605 3 705 ILCS 405/5-610 4 705 ILCS 405/5-615 5 705 ILCS 405/5-620 6 705 ILCS 405/5-625 7 705 ILCS 405/5-701 8 705 ILCS 405/5-705 9 705 ILCS 405/5-710 10 705 ILCS 405/5-715 11 705 ILCS 405/5-720 12 705 ILCS 405/5-725 13 705 ILCS 405/5-730 14 705 ILCS 405/5-735 15 705 ILCS 405/5-740 16 705 ILCS 405/5-745 17 705 ILCS 405/5-750 18 705 ILCS 405/5-755 19 705 ILCS 405/5-801 20 705 ILCS 405/5-805 21 705 ILCS 405/5-810 22 705 ILCS 405/5-815 23 705 ILCS 405/5-820 24 705 ILCS 405/5-901 25 705 ILCS 405/5-905 26 705 ILCS 405/5-910 27 705 ILCS 405/5-915