Bill Text: IL HB2628 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Juvenile Court Act of 1987. Provides that persons under 21 years of age (rather than under 18 years of age) who commit misdemeanor offenses are subject to the proceedings under the Act for delinquent minors. Amends the Unified Code of Corrections to make conforming changes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB2628 Detail]
Download: Illinois-2017-HB2628-Introduced.html
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1 | AN ACT in relation to minors.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Juvenile Court Act of 1987 is amended by | |||||||||||||||||||||||||||||||||||||||||||||||||
5 | changing
Sections 1-7, 1-8, 1-9, 2-10, 3-12, 4-9, 5-105, 5-120, | |||||||||||||||||||||||||||||||||||||||||||||||||
6 | 5-130, 5-401.5, 5-410, 5-901,
5-905, and 5-915 as follows:
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7 | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
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8 | Sec. 1-7. Confidentiality of law enforcement records.
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9 | (A) Inspection and copying of law enforcement records | |||||||||||||||||||||||||||||||||||||||||||||||||
10 | maintained by law
enforcement agencies that relate to a minor | |||||||||||||||||||||||||||||||||||||||||||||||||
11 | who has been investigated, arrested, or taken
into custody | |||||||||||||||||||||||||||||||||||||||||||||||||
12 | before his or her 21st birthday for a misdemeanor offense or | |||||||||||||||||||||||||||||||||||||||||||||||||
13 | 18th birthday for a felony offense shall be restricted to the
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14 | following:
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15 | (1) Any local, State or federal law enforcement | |||||||||||||||||||||||||||||||||||||||||||||||||
16 | officers of any
jurisdiction or agency when necessary for | |||||||||||||||||||||||||||||||||||||||||||||||||
17 | the discharge of their official
duties during the | |||||||||||||||||||||||||||||||||||||||||||||||||
18 | investigation or prosecution of a crime or relating to a
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19 | minor who has been adjudicated delinquent and there has | |||||||||||||||||||||||||||||||||||||||||||||||||
20 | been a previous finding
that the act which constitutes the | |||||||||||||||||||||||||||||||||||||||||||||||||
21 | previous offense was committed in
furtherance of criminal | |||||||||||||||||||||||||||||||||||||||||||||||||
22 | activities by a criminal street gang, or, when necessary | |||||||||||||||||||||||||||||||||||||||||||||||||
23 | for the discharge of its official duties in connection with |
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1 | a particular investigation of the conduct of a law | ||||||
2 | enforcement officer, an independent agency or its staff | ||||||
3 | created by ordinance and charged by a unit of local | ||||||
4 | government with the duty of investigating the conduct of | ||||||
5 | law enforcement officers. For purposes of
this Section, | ||||||
6 | "criminal street gang" has the meaning ascribed to it in
| ||||||
7 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
8 | Prevention Act.
| ||||||
9 | (2) Prosecutors, probation officers, social workers, | ||||||
10 | or other
individuals assigned by the court to conduct a | ||||||
11 | pre-adjudication or
pre-disposition investigation, and | ||||||
12 | individuals responsible for supervising
or providing | ||||||
13 | temporary or permanent care and custody for minors pursuant | ||||||
14 | to
the order of the juvenile court, when essential to | ||||||
15 | performing their
responsibilities.
| ||||||
16 | (3) Prosecutors and probation officers:
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17 | (a) in the course of a trial when institution of | ||||||
18 | criminal proceedings
has been permitted or required | ||||||
19 | under Section 5-805; or
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20 | (b) when institution of criminal proceedings has | ||||||
21 | been permitted or required under Section 5-805 and such | ||||||
22 | minor is the
subject
of a proceeding to determine the | ||||||
23 | amount of bail; or
| ||||||
24 | (c) when criminal proceedings have been permitted
| ||||||
25 | or
required under Section 5-805 and such minor is the | ||||||
26 | subject of a
pre-trial
investigation, pre-sentence |
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| |||||||
1 | investigation, fitness hearing, or proceedings
on an | ||||||
2 | application for probation.
| ||||||
3 | (4) Adult and Juvenile Prisoner Review Board.
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4 | (5) Authorized military personnel.
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5 | (6) Persons engaged in bona fide research, with the | ||||||
6 | permission of the
Presiding Judge of the Juvenile Court and | ||||||
7 | the chief executive of the respective
law enforcement | ||||||
8 | agency; provided that publication of such research results
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9 | in no disclosure of a minor's identity and protects the | ||||||
10 | confidentiality
of the minor's record.
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11 | (7) Department of Children and Family Services child | ||||||
12 | protection
investigators acting in their official | ||||||
13 | capacity.
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14 | (8) The appropriate school official only if the agency | ||||||
15 | or officer believes that there is an imminent threat of | ||||||
16 | physical harm to students, school personnel, or others who | ||||||
17 | are present in the school or on school grounds. | ||||||
18 | (A) Inspection and copying
shall be limited to law | ||||||
19 | enforcement records transmitted to the appropriate
| ||||||
20 | school official or officials whom the school has | ||||||
21 | determined to have a legitimate educational or safety | ||||||
22 | interest by a local law enforcement agency under a | ||||||
23 | reciprocal reporting
system established and maintained | ||||||
24 | between the school district and the local law
| ||||||
25 | enforcement agency under Section 10-20.14 of the | ||||||
26 | School Code concerning a minor
enrolled in a school |
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1 | within the school district who has been arrested or | ||||||
2 | taken
into custody for any of the following offenses:
| ||||||
3 | (i) any violation of Article 24 of the Criminal | ||||||
4 | Code of
1961 or the Criminal Code of 2012;
| ||||||
5 | (ii) a violation of the Illinois Controlled | ||||||
6 | Substances Act;
| ||||||
7 | (iii) a violation of the Cannabis Control Act;
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8 | (iv) a forcible felony as defined in Section | ||||||
9 | 2-8 of the Criminal Code
of 1961 or the Criminal | ||||||
10 | Code of 2012; | ||||||
11 | (v) a violation of the Methamphetamine Control | ||||||
12 | and Community Protection Act;
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13 | (vi) a violation of Section 1-2 of the | ||||||
14 | Harassing and Obscene Communications Act; | ||||||
15 | (vii) a violation of the Hazing Act; or | ||||||
16 | (viii) a violation of Section 12-1, 12-2, | ||||||
17 | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||||||
18 | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||||||
19 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
20 | The information derived from the law enforcement | ||||||
21 | records shall be kept separate from and shall not | ||||||
22 | become a part of the official school record of that | ||||||
23 | child and shall not be a public record. The information | ||||||
24 | shall be used solely by the appropriate school official | ||||||
25 | or officials whom the school has determined to have a | ||||||
26 | legitimate educational or safety interest to aid in the |
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1 | proper rehabilitation of the child and to protect the | ||||||
2 | safety of students and employees in the school. If the | ||||||
3 | designated law enforcement and school officials deem | ||||||
4 | it to be in the best interest of the minor, the student | ||||||
5 | may be referred to in-school or community based social | ||||||
6 | services if those services are available. | ||||||
7 | "Rehabilitation services" may include interventions by | ||||||
8 | school support personnel, evaluation for eligibility | ||||||
9 | for special education, referrals to community-based | ||||||
10 | agencies such as youth services, behavioral healthcare | ||||||
11 | service providers, drug and alcohol prevention or | ||||||
12 | treatment programs, and other interventions as deemed | ||||||
13 | appropriate for the student. | ||||||
14 | (B) Any information provided to appropriate school | ||||||
15 | officials whom the school has determined to have a | ||||||
16 | legitimate educational or safety interest by local law | ||||||
17 | enforcement officials about a minor who is the subject | ||||||
18 | of a current police investigation that is directly | ||||||
19 | related to school safety shall consist of oral | ||||||
20 | information only, and not written law enforcement | ||||||
21 | records, and shall be used solely by the appropriate | ||||||
22 | school official or officials to protect the safety of | ||||||
23 | students and employees in the school and aid in the | ||||||
24 | proper rehabilitation of the child. The information | ||||||
25 | derived orally from the local law enforcement | ||||||
26 | officials shall be kept separate from and shall not |
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1 | become a part of the official school record of the | ||||||
2 | child and shall not be a public record. This limitation | ||||||
3 | on the use of information about a minor who is the | ||||||
4 | subject of a current police investigation shall in no | ||||||
5 | way limit the use of this information by prosecutors in | ||||||
6 | pursuing criminal charges arising out of the | ||||||
7 | information disclosed during a police investigation of | ||||||
8 | the minor. For purposes of this paragraph, | ||||||
9 | "investigation" means an official systematic inquiry | ||||||
10 | by a law enforcement agency into actual or suspected | ||||||
11 | criminal activity. | ||||||
12 | (9) Mental health professionals on behalf of the | ||||||
13 | Illinois Department of
Corrections or the Department of | ||||||
14 | Human Services or prosecutors who are
evaluating, | ||||||
15 | prosecuting, or investigating a potential or actual | ||||||
16 | petition
brought
under the Sexually Violent Persons | ||||||
17 | Commitment Act relating to a person who is
the
subject of | ||||||
18 | juvenile law enforcement records or the respondent to a | ||||||
19 | petition
brought under the Sexually Violent Persons | ||||||
20 | Commitment Act who is the subject of
the
juvenile law | ||||||
21 | enforcement records sought.
Any records and any | ||||||
22 | information obtained from those records under this
| ||||||
23 | paragraph (9) may be used only in sexually violent persons | ||||||
24 | commitment
proceedings.
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25 | (10) The president of a park district. Inspection and | ||||||
26 | copying shall be limited to law enforcement records |
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1 | transmitted to the president of the park district by the | ||||||
2 | Illinois State Police under Section 8-23 of the Park | ||||||
3 | District Code or Section 16a-5 of the Chicago Park District | ||||||
4 | Act concerning a person who is seeking employment with that | ||||||
5 | park district and who has been adjudicated a juvenile | ||||||
6 | delinquent for any of the offenses listed in subsection (c) | ||||||
7 | of Section 8-23 of the Park District Code or subsection (c) | ||||||
8 | of Section 16a-5 of the Chicago Park District Act. | ||||||
9 | (B)(1) Except as provided in paragraph (2), no law | ||||||
10 | enforcement
officer or other person or agency may knowingly | ||||||
11 | transmit to the Department of
Corrections or the Department | ||||||
12 | of State Police or to the Federal
Bureau of Investigation | ||||||
13 | any fingerprint or photograph relating to a minor who
has | ||||||
14 | been arrested or taken into custody before his or her 21st | ||||||
15 | birthday for a misdemeanor offense or 18th birthday for a | ||||||
16 | felony offense ,
unless the court in proceedings under this | ||||||
17 | Act authorizes the transmission or
enters an order under | ||||||
18 | Section 5-805 permitting or requiring the
institution of
| ||||||
19 | criminal proceedings.
| ||||||
20 | (2) Law enforcement officers or other persons or | ||||||
21 | agencies shall transmit
to the Department of State Police | ||||||
22 | copies of fingerprints and descriptions
of all minors who | ||||||
23 | have been arrested or taken into custody before their 21st | ||||||
24 | birthday for a misdemeanor offense or
18th birthday for a | ||||||
25 | felony offense for the offense of unlawful use of weapons | ||||||
26 | under Article 24 of
the Criminal Code of 1961 or the |
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| |||||||
1 | Criminal Code of 2012, a Class X or Class 1 felony, a | ||||||
2 | forcible felony as
defined in Section 2-8 of the Criminal | ||||||
3 | Code of 1961 or the Criminal Code of 2012, or a Class 2 or | ||||||
4 | greater
felony under the Cannabis Control Act, the Illinois | ||||||
5 | Controlled Substances Act, the Methamphetamine Control and | ||||||
6 | Community Protection Act,
or Chapter 4 of the Illinois | ||||||
7 | Vehicle Code, pursuant to Section 5 of the
Criminal | ||||||
8 | Identification Act. Information reported to the Department | ||||||
9 | pursuant
to this Section may be maintained with records | ||||||
10 | that the Department files
pursuant to Section 2.1 of the | ||||||
11 | Criminal Identification Act. Nothing in this
Act prohibits | ||||||
12 | a law enforcement agency from fingerprinting a minor taken | ||||||
13 | into
custody or arrested before his or her 21st birthday | ||||||
14 | for a misdemeanor offense or 18th birthday for a felony | ||||||
15 | offense for an offense other than
those listed in this | ||||||
16 | paragraph (2).
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17 | (C) The records of law enforcement officers, or of an | ||||||
18 | independent agency created by ordinance and charged by a unit | ||||||
19 | of local government with the duty of investigating the conduct | ||||||
20 | of law enforcement officers, concerning all minors under 21 | ||||||
21 | years of age for a misdemeanor offense or
18 years of age for a | ||||||
22 | felony offense must be maintained separate from the records of | ||||||
23 | arrests and
may not be open to public inspection or their | ||||||
24 | contents disclosed to the
public except by order of the court | ||||||
25 | presiding over matters pursuant to this Act or when the | ||||||
26 | institution of criminal
proceedings has been permitted or |
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1 | required under Section
5-805 or such a person has been | ||||||
2 | convicted of a crime and is the
subject of
pre-sentence | ||||||
3 | investigation or proceedings on an application for probation
or | ||||||
4 | when provided by law. For purposes of obtaining documents | ||||||
5 | pursuant to this Section, a civil subpoena is not an order of | ||||||
6 | the court. | ||||||
7 | (1) In cases where the law enforcement, or independent | ||||||
8 | agency, records concern a pending juvenile court case, the | ||||||
9 | party seeking to inspect the records shall provide actual | ||||||
10 | notice to the attorney or guardian ad litem of the minor | ||||||
11 | whose records are sought. | ||||||
12 | (2) In cases where the records concern a juvenile court | ||||||
13 | case that is no longer pending, the party seeking to | ||||||
14 | inspect the records shall provide actual notice to the | ||||||
15 | minor or the minor's parent or legal guardian, and the | ||||||
16 | matter shall be referred to the chief judge presiding over | ||||||
17 | matters pursuant to this Act. | ||||||
18 | (3) In determining whether the records should be | ||||||
19 | available for inspection, the court shall consider the | ||||||
20 | minor's interest in confidentiality and rehabilitation | ||||||
21 | over the moving party's interest in obtaining the | ||||||
22 | information. Any records obtained in violation of this | ||||||
23 | subsection (C) shall not be admissible in any criminal or | ||||||
24 | civil proceeding, or operate to disqualify a minor from | ||||||
25 | subsequently holding public office or securing employment, | ||||||
26 | or operate as a forfeiture of any public benefit, right, |
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1 | privilege, or right to receive any license granted by | ||||||
2 | public authority.
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3 | (D) Nothing contained in subsection (C) of this Section | ||||||
4 | shall prohibit
the inspection or disclosure to victims and | ||||||
5 | witnesses of photographs
contained in the records of law | ||||||
6 | enforcement agencies when the
inspection and disclosure is | ||||||
7 | conducted in the presence of a law enforcement
officer for the | ||||||
8 | purpose of the identification or apprehension of any person
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9 | subject to the provisions of this Act or for the investigation | ||||||
10 | or
prosecution of any crime.
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11 | (E) Law enforcement officers, and personnel of an | ||||||
12 | independent agency created by ordinance and charged by a unit | ||||||
13 | of local government with the duty of investigating the conduct | ||||||
14 | of law enforcement officers, may not disclose the identity of | ||||||
15 | any minor
in releasing information to the general public as to | ||||||
16 | the arrest, investigation
or disposition of any case involving | ||||||
17 | a minor.
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18 | (F) Nothing contained in this Section shall prohibit law | ||||||
19 | enforcement
agencies from communicating with each other by | ||||||
20 | letter, memorandum, teletype or
intelligence alert bulletin or | ||||||
21 | other means the identity or other relevant
information | ||||||
22 | pertaining to a person under 21 years of age years of age for a | ||||||
23 | misdemeanor offense or 18 years of age for a felony offense if | ||||||
24 | there are
reasonable grounds to believe that the person poses a | ||||||
25 | real and present danger
to the safety of the public or law | ||||||
26 | enforcement officers. The information
provided under this |
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| |||||||
1 | subsection (F) shall remain confidential and shall not
be | ||||||
2 | publicly disclosed, except as otherwise allowed by law.
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3 | (G) Nothing in this Section shall prohibit the right of a | ||||||
4 | Civil Service
Commission or appointing authority of any state, | ||||||
5 | county or municipality
examining the character and fitness of | ||||||
6 | an applicant for employment with a law
enforcement agency, | ||||||
7 | correctional institution, or fire department
from obtaining | ||||||
8 | and examining the
records of any law enforcement agency | ||||||
9 | relating to any record of the applicant
having been arrested or | ||||||
10 | taken into custody before the applicant's 21st birthday for a | ||||||
11 | misdemeanor offense or 18th
birthday for a felony offense .
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12 | (H) The changes made to this Section by Public Act 98-61 | ||||||
13 | apply to law enforcement records of a minor who has been | ||||||
14 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
15 | effective date of Public Act 98-61). | ||||||
16 | (Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 99-298, | ||||||
17 | eff. 8-6-15.)
| ||||||
18 | (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
| ||||||
19 | Sec. 1-8. Confidentiality and accessibility of juvenile | ||||||
20 | court records.
| ||||||
21 | (A) Inspection and copying of juvenile court records | ||||||
22 | relating to a minor
who is the subject of a proceeding under | ||||||
23 | this Act shall be restricted to the
following:
| ||||||
24 | (1) The minor who is the subject of record, his | ||||||
25 | parents, guardian
and counsel.
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1 | (2) Law enforcement officers and law enforcement | ||||||
2 | agencies when such
information is essential to executing an | ||||||
3 | arrest or search warrant or other
compulsory process, or to | ||||||
4 | conducting an ongoing investigation
or relating to a minor | ||||||
5 | who
has been adjudicated delinquent and there has been a | ||||||
6 | previous finding that
the act which constitutes the | ||||||
7 | previous offense was committed in furtherance
of criminal | ||||||
8 | activities by a criminal street gang.
| ||||||
9 | Before July 1, 1994, for the purposes of this Section, | ||||||
10 | "criminal street
gang" means any ongoing
organization, | ||||||
11 | association, or group of 3 or more persons, whether formal | ||||||
12 | or
informal, having as one of its primary activities the | ||||||
13 | commission of one or
more criminal acts and that has a | ||||||
14 | common name or common identifying sign,
symbol or specific | ||||||
15 | color apparel displayed, and whose members individually
or | ||||||
16 | collectively engage in or have engaged in a pattern of | ||||||
17 | criminal activity.
| ||||||
18 | Beginning July 1, 1994, for purposes of this Section, | ||||||
19 | "criminal street
gang" has the meaning ascribed to it in | ||||||
20 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
21 | Prevention Act.
| ||||||
22 | (3) Judges, hearing officers, prosecutors, probation | ||||||
23 | officers, social
workers or other
individuals assigned by | ||||||
24 | the court to conduct a pre-adjudication or
predisposition | ||||||
25 | investigation, and individuals responsible for supervising
| ||||||
26 | or providing temporary or permanent care and custody for |
| |||||||
| |||||||
1 | minors pursuant
to the order of the juvenile court when | ||||||
2 | essential to performing their
responsibilities.
| ||||||
3 | (4) Judges, prosecutors and probation officers:
| ||||||
4 | (a) in the course of a trial when institution of | ||||||
5 | criminal proceedings
has been permitted or required | ||||||
6 | under Section 5-805; or
| ||||||
7 | (b) when criminal proceedings have been permitted
| ||||||
8 | or
required under Section 5-805 and a minor is the | ||||||
9 | subject of a
proceeding to
determine the amount of | ||||||
10 | bail; or
| ||||||
11 | (c) when criminal proceedings have been permitted
| ||||||
12 | or
required under Section 5-805 and a minor is the | ||||||
13 | subject of a
pre-trial
investigation, pre-sentence | ||||||
14 | investigation or fitness hearing, or
proceedings on an | ||||||
15 | application for probation; or
| ||||||
16 | (d) when a minor becomes 21 years of age for a | ||||||
17 | misdemeanor offense or 18 years of age for a felony | ||||||
18 | offense or older, and is the subject
of criminal | ||||||
19 | proceedings, including a hearing to determine the | ||||||
20 | amount of
bail, a pre-trial investigation, a | ||||||
21 | pre-sentence investigation, a fitness
hearing, or | ||||||
22 | proceedings on an application for probation.
| ||||||
23 | (5) Adult and Juvenile Prisoner Review Boards.
| ||||||
24 | (6) Authorized military personnel.
| ||||||
25 | (7) Victims, their subrogees and legal | ||||||
26 | representatives; however, such
persons shall have access |
| |||||||
| |||||||
1 | only to the name and address of the minor and
information | ||||||
2 | pertaining to the disposition or alternative adjustment | ||||||
3 | plan
of the juvenile court.
| ||||||
4 | (8) Persons engaged in bona fide research, with the | ||||||
5 | permission of the
presiding judge of the juvenile court and | ||||||
6 | the chief executive of the agency
that prepared the | ||||||
7 | particular records; provided that publication of such
| ||||||
8 | research results in no disclosure of a minor's identity and | ||||||
9 | protects the
confidentiality of the record.
| ||||||
10 | (9) The Secretary of State to whom the Clerk of the | ||||||
11 | Court shall report
the disposition of all cases, as | ||||||
12 | required in Section 6-204 of the Illinois
Vehicle Code. | ||||||
13 | However, information reported relative to these offenses | ||||||
14 | shall
be privileged and available only to the Secretary of | ||||||
15 | State, courts, and police
officers.
| ||||||
16 | (10) The administrator of a bonafide substance abuse | ||||||
17 | student
assistance program with the permission of the | ||||||
18 | presiding judge of the
juvenile court.
| ||||||
19 | (11) Mental health professionals on behalf of the | ||||||
20 | Illinois Department of
Corrections or the Department of | ||||||
21 | Human Services or prosecutors who are
evaluating, | ||||||
22 | prosecuting, or investigating a potential or actual | ||||||
23 | petition
brought
under the Sexually Violent Persons | ||||||
24 | Commitment Act relating to a person who is the
subject of
| ||||||
25 | juvenile court records or the respondent to a petition | ||||||
26 | brought under
the
Sexually Violent Persons Commitment Act, |
| |||||||
| |||||||
1 | who is the subject of juvenile
court records
sought. Any | ||||||
2 | records and any information obtained from those records | ||||||
3 | under this
paragraph (11) may be used only in sexually | ||||||
4 | violent persons commitment
proceedings.
| ||||||
5 | (A-1) Findings and exclusions of paternity entered in | ||||||
6 | proceedings occurring under Article II of this Act shall be | ||||||
7 | disclosed, in a manner and form approved by the Presiding Judge | ||||||
8 | of the Juvenile Court, to the Department of Healthcare and | ||||||
9 | Family Services when necessary to discharge the duties of the | ||||||
10 | Department of Healthcare and Family Services under Article X of | ||||||
11 | the Illinois Public Aid Code. | ||||||
12 | (B) A minor who is the victim in a juvenile proceeding | ||||||
13 | shall be
provided the same confidentiality regarding | ||||||
14 | disclosure of identity as the
minor who is the subject of | ||||||
15 | record.
| ||||||
16 | (C) Except as otherwise provided in this subsection (C), | ||||||
17 | juvenile court
records shall not be made available to the | ||||||
18 | general public. Subject to the limitations in paragraphs (0.1) | ||||||
19 | through (0.4) of this subsection (C), the judge presiding over | ||||||
20 | a juvenile court proceeding brought under this Act, in his or | ||||||
21 | her discretion, may order that juvenile court records of an | ||||||
22 | individual case be made available for inspection upon request | ||||||
23 | by a representative of an agency, association, or news media | ||||||
24 | entity or by a properly interested person. For purposes of | ||||||
25 | inspecting documents under this subsection (C), a civil | ||||||
26 | subpoena is not an order of the court.
|
| |||||||
| |||||||
1 | (0.1) In cases where the records concern a pending | ||||||
2 | juvenile court case, the requesting party seeking to | ||||||
3 | inspect the juvenile court records shall provide actual | ||||||
4 | notice to the attorney or guardian ad litem of the minor | ||||||
5 | whose records are sought. | ||||||
6 | (0.2) In cases where the records concern a juvenile | ||||||
7 | court case that is no longer pending, the requesting party | ||||||
8 | seeking to inspect the juvenile court records shall provide | ||||||
9 | actual notice to the minor or the minor's parent or legal | ||||||
10 | guardian, and the matter shall be referred to the chief | ||||||
11 | judge presiding over matters pursuant to this Act. | ||||||
12 | (0.3) In determining whether records should be made | ||||||
13 | available for inspection and whether inspection should be | ||||||
14 | limited to certain parts of the file, the court shall | ||||||
15 | consider the minor's interest in confidentiality and | ||||||
16 | rehabilitation over the requesting party's interest in | ||||||
17 | obtaining the information. The State's Attorney, the | ||||||
18 | minor, and the minor's parents, guardian, and counsel shall | ||||||
19 | at all times have the right to examine court files and | ||||||
20 | records. | ||||||
21 | (0.4) Any records obtained in violation of this | ||||||
22 | subsection (C) shall not be admissible in any criminal or | ||||||
23 | civil proceeding, or operate to disqualify a minor from | ||||||
24 | subsequently holding public office, or operate as a | ||||||
25 | forfeiture of any public benefit, right, privilege, or | ||||||
26 | right to receive any license granted by public authority.
|
| |||||||
| |||||||
1 | (1) The
court shall allow the general public to have | ||||||
2 | access to the name, address, and offense of a minor
who is | ||||||
3 | adjudicated a delinquent minor under this Act under either | ||||||
4 | of the
following circumstances:
| ||||||
5 | (A) The
adjudication of
delinquency was based upon | ||||||
6 | the
minor's
commission of first degree murder, attempt | ||||||
7 | to commit first degree
murder, aggravated criminal | ||||||
8 | sexual assault, or criminal sexual assault; or
| ||||||
9 | (B) The court has made a finding that the minor was | ||||||
10 | at least 13 years of
age
at the time the act was | ||||||
11 | committed and the adjudication of delinquency was | ||||||
12 | based
upon the minor's commission of: (i)
an act in | ||||||
13 | furtherance of the commission of a felony as a member | ||||||
14 | of or on
behalf of a criminal street
gang, (ii) an act | ||||||
15 | involving the use of a firearm in the commission of a
| ||||||
16 | felony, (iii) an act that would be a Class X felony | ||||||
17 | offense
under or
the minor's second or subsequent
Class | ||||||
18 | 2 or greater felony offense under the Cannabis Control | ||||||
19 | Act if committed by an adult,
(iv) an act that would be | ||||||
20 | a second or subsequent offense under Section 402 of
the | ||||||
21 | Illinois Controlled Substances Act if committed by an | ||||||
22 | adult, (v) an act
that would be an offense under | ||||||
23 | Section 401 of the Illinois Controlled
Substances Act | ||||||
24 | if committed by an adult, (vi) an act that would be a | ||||||
25 | second or subsequent offense under Section 60 of the | ||||||
26 | Methamphetamine Control and Community Protection Act, |
| |||||||
| |||||||
1 | or (vii) an act that would be an offense under another | ||||||
2 | Section of the Methamphetamine Control and Community | ||||||
3 | Protection Act.
| ||||||
4 | (2) The court
shall allow the general public to have | ||||||
5 | access to the name, address, and offense of a minor who is | ||||||
6 | at least 13 years of age at
the time the offense
is | ||||||
7 | committed and who is convicted, in criminal proceedings
| ||||||
8 | permitted or required under Section 5-4, under either of | ||||||
9 | the following
circumstances:
| ||||||
10 | (A) The minor has been convicted of first degree | ||||||
11 | murder, attempt
to commit first degree
murder, | ||||||
12 | aggravated criminal sexual
assault, or criminal sexual | ||||||
13 | assault,
| ||||||
14 | (B) The court has made a finding that the minor was | ||||||
15 | at least 13 years
of age
at the time the offense was | ||||||
16 | committed and the conviction was based upon the
minor's | ||||||
17 | commission of: (i)
an offense in
furtherance of the | ||||||
18 | commission of a felony as a member of or on behalf of a
| ||||||
19 | criminal street gang, (ii) an offense
involving the use | ||||||
20 | of a firearm in the commission of a felony, (iii)
a | ||||||
21 | Class X felony offense under or a second or subsequent | ||||||
22 | Class 2 or
greater felony offense under the Cannabis | ||||||
23 | Control Act, (iv) a
second or subsequent offense under | ||||||
24 | Section 402 of the Illinois
Controlled Substances Act, | ||||||
25 | (v) an offense under Section 401 of the Illinois
| ||||||
26 | Controlled Substances Act, (vi) an act that would be a |
| |||||||
| |||||||
1 | second or subsequent offense under Section 60 of the | ||||||
2 | Methamphetamine Control and Community Protection Act, | ||||||
3 | or (vii) an act that would be an offense under another | ||||||
4 | Section of the Methamphetamine Control and Community | ||||||
5 | Protection Act.
| ||||||
6 | (D) Pending or following any adjudication of delinquency | ||||||
7 | for
any offense defined
in Sections 11-1.20 through 11-1.60 or | ||||||
8 | 12-13 through 12-16 of the Criminal Code of 1961 or the | ||||||
9 | Criminal Code of 2012,
the victim of any such offense shall | ||||||
10 | receive the
rights set out in Sections 4 and 6 of the Bill of
| ||||||
11 | Rights for Victims and Witnesses of Violent Crime Act; and the
| ||||||
12 | juvenile who is the subject of the adjudication, | ||||||
13 | notwithstanding any other
provision of this Act, shall be | ||||||
14 | treated
as an adult for the purpose of affording such rights to | ||||||
15 | the victim.
| ||||||
16 | (E) Nothing in this Section shall affect the right of a | ||||||
17 | Civil Service
Commission or appointing authority of any state, | ||||||
18 | county or municipality
examining the character and fitness of
| ||||||
19 | an applicant for employment with a law enforcement
agency, | ||||||
20 | correctional institution, or fire department to
ascertain
| ||||||
21 | whether that applicant was ever adjudicated to be a delinquent | ||||||
22 | minor and,
if so, to examine the records of disposition or | ||||||
23 | evidence which were made in
proceedings under this Act.
| ||||||
24 | (F) Following any adjudication of delinquency for a crime | ||||||
25 | which would be
a felony if committed by an adult, or following | ||||||
26 | any adjudication of delinquency
for a violation of Section |
| |||||||
| |||||||
1 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
2 | Criminal Code of 2012, the State's Attorney shall ascertain
| ||||||
3 | whether the minor respondent is enrolled in school and, if so, | ||||||
4 | shall provide
a copy of the dispositional order to the | ||||||
5 | principal or chief administrative
officer of the school. Access | ||||||
6 | to such juvenile records shall be limited
to the principal or | ||||||
7 | chief administrative officer of the school and any guidance
| ||||||
8 | counselor designated by him.
| ||||||
9 | (G) Nothing contained in this Act prevents the sharing or
| ||||||
10 | disclosure of information or records relating or pertaining to | ||||||
11 | juveniles
subject to the provisions of the Serious Habitual | ||||||
12 | Offender Comprehensive
Action Program when that information is | ||||||
13 | used to assist in the early
identification and treatment of | ||||||
14 | habitual juvenile offenders.
| ||||||
15 | (H) When a Court hearing a proceeding under Article II of | ||||||
16 | this Act becomes
aware that an earlier proceeding under Article | ||||||
17 | II had been heard in a different
county, that Court shall | ||||||
18 | request, and the Court in which the earlier
proceedings were | ||||||
19 | initiated shall transmit, an authenticated copy of the Court
| ||||||
20 | record, including all documents, petitions, and orders filed | ||||||
21 | therein and the
minute orders, transcript of proceedings, and | ||||||
22 | docket entries of the Court.
| ||||||
23 | (I) The Clerk of the Circuit Court shall report to the | ||||||
24 | Department of
State
Police, in the form and manner required by | ||||||
25 | the Department of State Police, the
final disposition of each | ||||||
26 | minor who has been arrested or taken into custody
before his or |
| |||||||
| |||||||
1 | her 21st birthday for a misdemeanor offense or 18th birthday | ||||||
2 | for a felony offense for those offenses required to be reported
| ||||||
3 | under Section 5 of the Criminal Identification Act. Information | ||||||
4 | reported to
the Department under this Section may be maintained | ||||||
5 | with records that the
Department files under Section 2.1 of the | ||||||
6 | Criminal Identification Act.
| ||||||
7 | (J) The changes made to this Section by Public Act 98-61 | ||||||
8 | apply to law enforcement records of a minor who has been | ||||||
9 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
10 | effective date of Public Act 98-61). | ||||||
11 | (Source: P.A. 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13; | ||||||
12 | 98-61, eff. 1-1-14; 98-552, eff. 8-27-13; 98-756, eff. | ||||||
13 | 7-16-14.)
| ||||||
14 | (705 ILCS 405/1-9) (from Ch. 37, par. 801-9)
| ||||||
15 | Sec. 1-9. Expungement of law enforcement and juvenile court | ||||||
16 | records.
| ||||||
17 | (1) Expungement of law enforcement and juvenile court | ||||||
18 | delinquency records
shall be governed by Section 5-915.
| ||||||
19 | (2) This subsection (2) applies to expungement of law | ||||||
20 | enforcement and
juvenile court records other than delinquency | ||||||
21 | proceedings. Whenever any
person has attained the age of 21 for | ||||||
22 | a misdemeanor offense or 18 for a felony offense or whenever | ||||||
23 | all juvenile court
proceedings
relating to that person have | ||||||
24 | been terminated, whichever is later, the person
may petition | ||||||
25 | the court to expunge law enforcement records relating to |
| |||||||
| |||||||
1 | incidents
occurring before his 21st birthday for a misdemeanor | ||||||
2 | offense or 18th birthday for a felony offense or his juvenile | ||||||
3 | court records, or both, if
the minor was placed under | ||||||
4 | supervision pursuant to Sections
2-20, 3-21, or 4-18, and such | ||||||
5 | order of supervision has since been successfully
terminated.
| ||||||
6 | (3) The chief judge of the circuit in which an arrest was | ||||||
7 | made or a charge
was brought or any judge of that circuit | ||||||
8 | designated by the chief judge may,
upon verified petition of a | ||||||
9 | person who is the subject of an arrest or a
juvenile court | ||||||
10 | proceeding pursuant to subsection (2) of
this Section, order | ||||||
11 | the law enforcement records or juvenile court records,
or both, | ||||||
12 | to be expunged from the official records of the arresting | ||||||
13 | authority
and the clerk of the circuit court. Notice of the | ||||||
14 | petition shall be served
upon the State's Attorney and upon the | ||||||
15 | arresting authority which is the
subject of the petition for | ||||||
16 | expungement.
| ||||||
17 | (4) The changes made to this Section by this amendatory Act | ||||||
18 | of the 98th General Assembly apply to law enforcement and | ||||||
19 | juvenile court records of a minor who has been arrested or | ||||||
20 | taken into custody on or after the effective date of this | ||||||
21 | amendatory Act. | ||||||
22 | (Source: P.A. 98-61, eff. 1-1-14.)
| ||||||
23 | (705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
| ||||||
24 | Sec. 2-10. Temporary custody hearing. At the appearance of | ||||||
25 | the
minor before the court at the temporary custody hearing, |
| |||||||
| |||||||
1 | all
witnesses present shall be examined before the court in | ||||||
2 | relation to any
matter connected with the allegations made in | ||||||
3 | the petition.
| ||||||
4 | (1) If the court finds that there is not probable cause to | ||||||
5 | believe
that the minor is abused, neglected or dependent it | ||||||
6 | shall release
the minor and dismiss the petition.
| ||||||
7 | (2) If the court finds that there is probable cause to | ||||||
8 | believe that
the minor is abused, neglected or dependent, the | ||||||
9 | court shall state in writing
the factual basis supporting its | ||||||
10 | finding and the minor, his or her parent,
guardian, custodian | ||||||
11 | and other persons able to give relevant testimony
shall be | ||||||
12 | examined before the court. The Department of Children and
| ||||||
13 | Family Services shall give testimony concerning indicated | ||||||
14 | reports of abuse
and neglect, of which they are aware of | ||||||
15 | through the central registry,
involving the minor's parent, | ||||||
16 | guardian or custodian. After such
testimony, the court may, | ||||||
17 | consistent with
the health,
safety and best interests of the | ||||||
18 | minor,
enter an order that the minor shall be released
upon the | ||||||
19 | request of parent, guardian or custodian if the parent, | ||||||
20 | guardian
or custodian appears to take custody. If it is | ||||||
21 | determined that a parent's, guardian's, or custodian's | ||||||
22 | compliance with critical services mitigates the necessity for | ||||||
23 | removal of the minor from his or her home, the court may enter | ||||||
24 | an Order of Protection setting forth reasonable conditions of | ||||||
25 | behavior that a parent, guardian, or custodian must observe for | ||||||
26 | a specified period of time, not to exceed 12 months, without a |
| |||||||
| |||||||
1 | violation; provided, however, that the 12-month period shall | ||||||
2 | begin anew after any violation. Custodian shall include any | ||||||
3 | agency of
the State which has been given custody or wardship of | ||||||
4 | the child. If it is
consistent with the health, safety and best | ||||||
5 | interests of the
minor, the
court may also prescribe shelter | ||||||
6 | care and
order that the minor be kept in a suitable place | ||||||
7 | designated by the court or in
a shelter care facility | ||||||
8 | designated by the Department of Children and Family
Services or | ||||||
9 | a licensed child welfare
agency; however, on and after January | ||||||
10 | 1, 2015 (the effective date of Public Act 98-803) and before | ||||||
11 | January 1, 2017, a minor charged with a
criminal offense under | ||||||
12 | the Criminal Code of 1961 or the Criminal Code of 2012 or | ||||||
13 | adjudicated delinquent
shall not be placed in the custody of or | ||||||
14 | committed to the Department of
Children and Family Services by | ||||||
15 | any court, except a minor less than 16
years of age and | ||||||
16 | committed to the Department of Children and Family Services
| ||||||
17 | under Section 5-710 of this Act or a minor for whom an | ||||||
18 | independent
basis of
abuse, neglect, or dependency exists; and | ||||||
19 | on and after January 1, 2017, a minor charged with a
criminal | ||||||
20 | offense under the Criminal Code of 1961 or the Criminal Code of | ||||||
21 | 2012 or adjudicated delinquent
shall not be placed in the | ||||||
22 | custody of or committed to the Department of
Children and | ||||||
23 | Family Services by any court, except a minor less than 15 years | ||||||
24 | of age and committed to the Department of Children and Family | ||||||
25 | Services
under Section 5-710 of this Act or a minor for whom an | ||||||
26 | independent
basis of
abuse, neglect, or dependency exists.
An |
| |||||||
| |||||||
1 | independent basis exists when the allegations or adjudication | ||||||
2 | of abuse, neglect, or dependency do not arise from the same | ||||||
3 | facts, incident, or circumstances which give rise to a charge | ||||||
4 | or adjudication of delinquency.
| ||||||
5 | In placing the minor, the Department or other
agency shall, | ||||||
6 | to the extent
compatible with the court's order, comply with | ||||||
7 | Section 7 of the Children and
Family Services Act.
In | ||||||
8 | determining
the health, safety and best interests of the minor | ||||||
9 | to prescribe shelter
care, the court must
find that it is a | ||||||
10 | matter of immediate and urgent necessity for the safety
and | ||||||
11 | protection
of the minor or of the person or property of another | ||||||
12 | that the minor be placed
in a shelter care facility or that he | ||||||
13 | or she is likely to flee the jurisdiction
of the court, and | ||||||
14 | must further find that reasonable efforts have been made or
| ||||||
15 | that, consistent with the health, safety and best interests of
| ||||||
16 | the minor, no efforts reasonably can be made to
prevent or | ||||||
17 | eliminate the necessity of removal of the minor from his or her
| ||||||
18 | home. The court shall require documentation from the Department | ||||||
19 | of Children and
Family Services as to the reasonable efforts | ||||||
20 | that were made to prevent or
eliminate the necessity of removal | ||||||
21 | of the minor from his or her home or the
reasons why no efforts | ||||||
22 | reasonably could be made to prevent or eliminate the
necessity | ||||||
23 | of removal. When a minor is placed in the home of a relative, | ||||||
24 | the
Department of Children and Family Services shall complete a | ||||||
25 | preliminary
background review of the members of the minor's | ||||||
26 | custodian's household in
accordance with Section 4.3 of the |
| |||||||
| |||||||
1 | Child Care Act of 1969 within 90 days of
that placement. If the | ||||||
2 | minor is ordered placed in a shelter care facility of
the | ||||||
3 | Department of Children and
Family Services or a licensed child | ||||||
4 | welfare agency, the court shall, upon
request of the | ||||||
5 | appropriate Department or other agency, appoint the
Department | ||||||
6 | of Children and Family Services Guardianship Administrator or
| ||||||
7 | other appropriate agency executive temporary custodian of the | ||||||
8 | minor and the
court may enter such other orders related to the | ||||||
9 | temporary custody as it
deems fit and proper, including the | ||||||
10 | provision of services to the minor or
his family to ameliorate | ||||||
11 | the causes contributing to the finding of probable
cause or to | ||||||
12 | the finding of the existence of immediate and urgent necessity. | ||||||
13 | Where the Department of Children and Family Services | ||||||
14 | Guardianship Administrator is appointed as the executive | ||||||
15 | temporary custodian, the Department of Children and Family | ||||||
16 | Services shall file with the court and serve on the parties a | ||||||
17 | parent-child visiting plan, within 10 days, excluding weekends | ||||||
18 | and holidays, after the appointment. The parent-child visiting | ||||||
19 | plan shall set out the time and place of visits, the frequency | ||||||
20 | of visits, the length of visits, who shall be present at the | ||||||
21 | visits, and where appropriate, the minor's opportunities to | ||||||
22 | have telephone and mail communication with the parents. | ||||||
23 | Where the Department of Children and Family Services | ||||||
24 | Guardianship Administrator is
appointed as the executive | ||||||
25 | temporary custodian, and when the child has siblings in care,
| ||||||
26 | the Department of Children and Family Services shall file with |
| |||||||
| |||||||
1 | the court and serve on the
parties a sibling placement and | ||||||
2 | contact plan within 10 days, excluding weekends and
holidays, | ||||||
3 | after the appointment. The sibling placement and contact plan | ||||||
4 | shall set forth
whether the siblings are placed together, and | ||||||
5 | if they are not placed together, what, if any,
efforts are | ||||||
6 | being made to place them together. If the Department has | ||||||
7 | determined that it is
not in a child's best interest to be | ||||||
8 | placed with a sibling, the Department shall document in
the | ||||||
9 | sibling placement and contact plan the basis for its | ||||||
10 | determination. For siblings placed
separately, the sibling | ||||||
11 | placement and contact plan shall set the time and place for | ||||||
12 | visits,
the frequency of the visits, the length of visits, who | ||||||
13 | shall be present for the visits, and
where appropriate, the | ||||||
14 | child's opportunities to have contact with their siblings in | ||||||
15 | addition to
in person contact. If the Department determines it | ||||||
16 | is not in the best interest of a sibling to
have contact with a | ||||||
17 | sibling, the Department shall document in the sibling placement | ||||||
18 | and
contact plan the basis for its determination. The sibling | ||||||
19 | placement and contact plan shall
specify a date for development | ||||||
20 | of the Sibling Contact Support Plan, under subsection (f) of | ||||||
21 | Section 7.4 of the Children and Family Services Act, and shall | ||||||
22 | remain in effect until the Sibling Contact Support Plan is | ||||||
23 | developed. | ||||||
24 | For good cause, the court may waive the requirement to file | ||||||
25 | the parent-child visiting plan or the sibling placement and | ||||||
26 | contact plan, or extend the time for filing either plan. Any |
| |||||||
| |||||||
1 | party may, by motion, request the court to review the | ||||||
2 | parent-child visiting plan to determine whether it is | ||||||
3 | reasonably calculated to expeditiously facilitate the | ||||||
4 | achievement of the permanency goal. A party may, by motion, | ||||||
5 | request the court to review the parent-child visiting plan or | ||||||
6 | the sibling placement and contact plan to determine whether it | ||||||
7 | is consistent with the minor's best interest. The court may | ||||||
8 | refer the parties to mediation where available. The frequency, | ||||||
9 | duration, and locations of visitation shall be measured by the | ||||||
10 | needs of the child and family, and not by the convenience of | ||||||
11 | Department personnel. Child development principles shall be | ||||||
12 | considered by the court in its analysis of how frequent | ||||||
13 | visitation should be, how long it should last, where it should | ||||||
14 | take place, and who should be present. If upon motion of the | ||||||
15 | party to review either plan and after receiving evidence, the | ||||||
16 | court determines that the parent-child visiting plan is not | ||||||
17 | reasonably calculated to expeditiously facilitate the | ||||||
18 | achievement of the permanency goal or that the restrictions | ||||||
19 | placed on parent-child contact or sibling placement or contact | ||||||
20 | are contrary to the child's best interests, the court shall put | ||||||
21 | in writing the factual basis supporting the determination and | ||||||
22 | enter specific findings based on the evidence. The court shall | ||||||
23 | enter an order for the Department to implement changes to the | ||||||
24 | parent-child visiting plan or sibling placement or contact | ||||||
25 | plan, consistent with the court's findings. At any stage of | ||||||
26 | proceeding, any party may by motion request the court to enter |
| |||||||
| |||||||
1 | any orders necessary to implement the parent-child visiting | ||||||
2 | plan, sibling placement or contact plan or subsequently | ||||||
3 | developed Sibling Contact Support Plan. Nothing under this | ||||||
4 | subsection (2) shall restrict the court from granting | ||||||
5 | discretionary authority to the Department to increase | ||||||
6 | opportunities for additional parent-child contacts or sibling | ||||||
7 | contacts, without further court orders. Nothing in this | ||||||
8 | subsection (2) shall restrict the Department from immediately | ||||||
9 | restricting or terminating parent-child contact or sibling | ||||||
10 | contacts, without either amending the parent-child visiting | ||||||
11 | plan or the sibling contact plan or obtaining a court order, | ||||||
12 | where the Department or its assigns reasonably believe that | ||||||
13 | continuation of the contact, as set out in the plan, would be | ||||||
14 | contrary to the child's health, safety, and welfare. The | ||||||
15 | Department shall file with the court and serve on the parties | ||||||
16 | any amendments to the plan within 10 days, excluding weekends | ||||||
17 | and holidays, of the change of the visitation. | ||||||
18 | Acceptance of services shall not be considered an admission | ||||||
19 | of any
allegation in a petition made pursuant to this Act, nor | ||||||
20 | may a referral of
services be considered as evidence in any | ||||||
21 | proceeding pursuant to this Act,
except where the issue is | ||||||
22 | whether the Department has made reasonable
efforts to reunite | ||||||
23 | the family. In making its findings that it is
consistent with | ||||||
24 | the health, safety and best
interests of the minor to prescribe | ||||||
25 | shelter care, the court shall state in
writing (i) the factual | ||||||
26 | basis supporting its findings concerning the
immediate and |
| |||||||
| |||||||
1 | urgent necessity for the protection of the minor or of the | ||||||
2 | person
or property of another and (ii) the factual basis | ||||||
3 | supporting its findings that
reasonable efforts were made to | ||||||
4 | prevent or eliminate the removal of the minor
from his or her | ||||||
5 | home or that no efforts reasonably could be made to prevent or
| ||||||
6 | eliminate the removal of the minor from his or her home. The
| ||||||
7 | parents, guardian, custodian, temporary custodian and minor | ||||||
8 | shall each be
furnished a copy of such written findings. The | ||||||
9 | temporary custodian shall
maintain a copy of the court order | ||||||
10 | and written findings in the case record
for the child. The | ||||||
11 | order together with the court's findings of fact in
support | ||||||
12 | thereof shall be entered of record in the court.
| ||||||
13 | Once the court finds that it is a matter of immediate and | ||||||
14 | urgent necessity
for the protection of the minor that the minor | ||||||
15 | be placed in a shelter care
facility, the minor shall not be | ||||||
16 | returned to the parent, custodian or guardian
until the court | ||||||
17 | finds that such placement is no longer necessary for the
| ||||||
18 | protection of the minor.
| ||||||
19 | If the child is placed in the temporary custody of the | ||||||
20 | Department of
Children
and Family
Services for his or her | ||||||
21 | protection, the court shall admonish the parents,
guardian,
| ||||||
22 | custodian or responsible relative that the parents must | ||||||
23 | cooperate with the
Department of Children and Family Services, | ||||||
24 | comply
with the terms of the service plans, and correct the | ||||||
25 | conditions which require
the child to be in care, or risk | ||||||
26 | termination of their parental
rights. The court shall ensure, |
| |||||||
| |||||||
1 | by inquiring in open court of each parent, guardian, custodian | ||||||
2 | or responsible relative, that the parent, guardian, custodian | ||||||
3 | or responsible relative has had the opportunity to provide the | ||||||
4 | Department with all known names, addresses, and telephone | ||||||
5 | numbers of each of the minor's living maternal and paternal | ||||||
6 | adult relatives, including, but not limited to, grandparents, | ||||||
7 | aunts, uncles, and siblings. The court shall advise the | ||||||
8 | parents, guardian, custodian or responsible relative to inform | ||||||
9 | the Department if additional information regarding the minor's | ||||||
10 | adult relatives becomes available.
| ||||||
11 | (3) If prior to the shelter care hearing for a minor | ||||||
12 | described in Sections
2-3, 2-4, 3-3 and 4-3 the moving party is | ||||||
13 | unable to serve notice on the
party respondent, the shelter | ||||||
14 | care hearing may proceed ex parte. A shelter
care order from an | ||||||
15 | ex parte hearing shall be endorsed with the date and
hour of | ||||||
16 | issuance and shall be filed with the clerk's office and entered | ||||||
17 | of
record. The order shall expire after 10 days from the time | ||||||
18 | it is issued
unless before its expiration it is renewed, at a | ||||||
19 | hearing upon appearance
of the party respondent, or upon an | ||||||
20 | affidavit of the moving party as to all
diligent efforts to | ||||||
21 | notify the party respondent by notice as herein
prescribed. The | ||||||
22 | notice prescribed shall be in writing and shall be
personally | ||||||
23 | delivered to the minor or the minor's attorney and to the last
| ||||||
24 | known address of the other person or persons entitled to | ||||||
25 | notice. The
notice shall also state the nature of the | ||||||
26 | allegations, the nature of the
order sought by the State, |
| |||||||
| |||||||
1 | including whether temporary custody is sought,
and the | ||||||
2 | consequences of failure to appear and shall contain a notice
| ||||||
3 | that the parties will not be entitled to further written | ||||||
4 | notices or publication
notices of proceedings in this case, | ||||||
5 | including the filing of an amended
petition or a motion to | ||||||
6 | terminate parental rights, except as required by
Supreme Court | ||||||
7 | Rule 11; and shall explain the
right of
the parties and the | ||||||
8 | procedures to vacate or modify a shelter care order as
provided | ||||||
9 | in this Section. The notice for a shelter care hearing shall be
| ||||||
10 | substantially as follows:
| ||||||
11 | NOTICE TO PARENTS AND CHILDREN
| ||||||
12 | OF SHELTER CARE HEARING
| ||||||
13 | On ................ at ........., before the Honorable | ||||||
14 | ................,
(address:) ................., the State | ||||||
15 | of Illinois will present evidence
(1) that (name of child | ||||||
16 | or children) ....................... are abused,
neglected | ||||||
17 | or dependent for the following reasons:
| ||||||
18 | ..............................................
and (2) | ||||||
19 | whether there is "immediate and urgent necessity" to remove | ||||||
20 | the child
or children from the responsible relative.
| ||||||
21 | YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN | ||||||
22 | PLACEMENT of the
child or children in foster care until a | ||||||
23 | trial can be held. A trial may
not be held for up to 90 | ||||||
24 | days. You will not be entitled to further notices
of | ||||||
25 | proceedings in this case, including the filing of an | ||||||
26 | amended petition or a
motion to terminate parental rights.
|
| |||||||
| |||||||
1 | At the shelter care hearing, parents have the following | ||||||
2 | rights:
| ||||||
3 | 1. To ask the court to appoint a lawyer if they | ||||||
4 | cannot afford one.
| ||||||
5 | 2. To ask the court to continue the hearing to | ||||||
6 | allow them time to
prepare.
| ||||||
7 | 3. To present evidence concerning:
| ||||||
8 | a. Whether or not the child or children were | ||||||
9 | abused, neglected
or dependent.
| ||||||
10 | b. Whether or not there is "immediate and | ||||||
11 | urgent necessity" to remove
the child from home | ||||||
12 | (including: their ability to care for the child,
| ||||||
13 | conditions in the home, alternative means of | ||||||
14 | protecting the child other
than removal).
| ||||||
15 | c. The best interests of the child.
| ||||||
16 | 4. To cross examine the State's witnesses.
| ||||||
17 | The Notice for rehearings shall be substantially as | ||||||
18 | follows:
| ||||||
19 | NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
| ||||||
20 | TO REHEARING ON TEMPORARY CUSTODY
| ||||||
21 | If you were not present at and did not have adequate | ||||||
22 | notice of the
Shelter Care Hearing at which temporary | ||||||
23 | custody of ............... was
awarded to | ||||||
24 | ................, you have the right to request a full | ||||||
25 | rehearing
on whether the State should have temporary |
| |||||||
| |||||||
1 | custody of ................. To
request this rehearing, | ||||||
2 | you must file with the Clerk of the Juvenile Court
| ||||||
3 | (address): ........................, in person or by | ||||||
4 | mailing a statement
(affidavit) setting forth the | ||||||
5 | following:
| ||||||
6 | 1. That you were not present at the shelter care | ||||||
7 | hearing.
| ||||||
8 | 2. That you did not get adequate notice (explaining | ||||||
9 | how the notice
was inadequate).
| ||||||
10 | 3. Your signature.
| ||||||
11 | 4. Signature must be notarized.
| ||||||
12 | The rehearing should be scheduled within 48 hours of | ||||||
13 | your filing this
affidavit.
| ||||||
14 | At the rehearing, your rights are the same as at the | ||||||
15 | initial shelter care
hearing. The enclosed notice explains | ||||||
16 | those rights.
| ||||||
17 | At the Shelter Care Hearing, children have the | ||||||
18 | following rights:
| ||||||
19 | 1. To have a guardian ad litem appointed.
| ||||||
20 | 2. To be declared competent as a witness and to | ||||||
21 | present testimony
concerning:
| ||||||
22 | a. Whether they are abused, neglected or | ||||||
23 | dependent.
| ||||||
24 | b. Whether there is "immediate and urgent | ||||||
25 | necessity" to be
removed from home.
| ||||||
26 | c. Their best interests.
|
| |||||||
| |||||||
1 | 3. To cross examine witnesses for other parties.
| ||||||
2 | 4. To obtain an explanation of any proceedings and | ||||||
3 | orders of the
court.
| ||||||
4 | (4) If the parent, guardian, legal custodian, responsible | ||||||
5 | relative,
minor age 8 or over, or counsel of the minor did not | ||||||
6 | have actual notice of
or was not present at the shelter care | ||||||
7 | hearing, he or she may file an
affidavit setting forth these | ||||||
8 | facts, and the clerk shall set the matter for
rehearing not | ||||||
9 | later than 48 hours, excluding Sundays and legal holidays,
| ||||||
10 | after the filing of the affidavit. At the rehearing, the court | ||||||
11 | shall
proceed in the same manner as upon the original hearing.
| ||||||
12 | (5) Only when there is reasonable cause to believe that the | ||||||
13 | minor
taken into custody is a person described in subsection | ||||||
14 | (3) of Section
5-105 may the minor be
kept or detained in a | ||||||
15 | detention home or county or municipal jail. This
Section shall | ||||||
16 | in no way be construed to limit subsection (6).
| ||||||
17 | (6) No minor under 16 years of age may be confined in a | ||||||
18 | jail or place
ordinarily used for the confinement of prisoners | ||||||
19 | in a police station. Minors
under 21 years of age for a | ||||||
20 | misdemeanor offense or 18 years of age for a felony offense | ||||||
21 | must be kept separate from confined adults and may
not at any | ||||||
22 | time be kept in the same cell, room, or yard with adults | ||||||
23 | confined
pursuant to the criminal law.
| ||||||
24 | (7) If the minor is not brought before a judicial officer | ||||||
25 | within the
time period as specified in Section 2-9, the minor | ||||||
26 | must immediately be
released from custody.
|
| |||||||
| |||||||
1 | (8) If neither the parent, guardian or custodian appears | ||||||
2 | within 24
hours to take custody of a minor released upon | ||||||
3 | request pursuant to
subsection (2) of this Section, then the | ||||||
4 | clerk of the court shall set the
matter for rehearing not later | ||||||
5 | than 7 days after the original order and
shall issue a summons | ||||||
6 | directed to the parent, guardian or custodian to
appear. At the | ||||||
7 | same time the probation department shall prepare a report
on | ||||||
8 | the minor. If a parent, guardian or custodian does not appear | ||||||
9 | at such
rehearing, the judge may enter an order prescribing | ||||||
10 | that the minor be kept
in a suitable place designated by the | ||||||
11 | Department of Children and Family
Services or a licensed child | ||||||
12 | welfare agency.
| ||||||
13 | (9) Notwithstanding any other provision of this
Section any | ||||||
14 | interested party, including the State, the temporary
| ||||||
15 | custodian, an agency providing services to the minor or family | ||||||
16 | under a
service plan pursuant to Section 8.2 of the Abused and | ||||||
17 | Neglected Child
Reporting Act, foster parent, or any of their | ||||||
18 | representatives, on notice
to all parties entitled to notice, | ||||||
19 | may file a motion that it is in the best
interests of the minor | ||||||
20 | to modify or vacate a
temporary custody order on any of the | ||||||
21 | following grounds:
| ||||||
22 | (a) It is no longer a matter of immediate and urgent | ||||||
23 | necessity that the
minor remain in shelter care; or
| ||||||
24 | (b) There is a material change in the circumstances of | ||||||
25 | the natural
family from which the minor was removed and the | ||||||
26 | child can be cared for at
home without endangering the |
| |||||||
| |||||||
1 | child's health or safety; or
| ||||||
2 | (c) A person not a party to the alleged abuse, neglect | ||||||
3 | or dependency,
including a parent, relative or legal | ||||||
4 | guardian, is capable of assuming
temporary custody of the | ||||||
5 | minor; or
| ||||||
6 | (d) Services provided by the Department of Children and | ||||||
7 | Family Services
or a child welfare agency or other service | ||||||
8 | provider have been successful in
eliminating the need for | ||||||
9 | temporary custody and the child can be cared for at
home | ||||||
10 | without endangering the child's health or safety.
| ||||||
11 | In ruling on the motion, the court shall determine whether | ||||||
12 | it is consistent
with the health, safety and best interests of | ||||||
13 | the minor to modify
or vacate a temporary custody order.
| ||||||
14 | The clerk shall set the matter for hearing not later than | ||||||
15 | 14 days after
such motion is filed. In the event that the court | ||||||
16 | modifies or vacates a
temporary custody order but does not | ||||||
17 | vacate its finding of probable cause,
the court may order that | ||||||
18 | appropriate services be continued or initiated in
behalf of the | ||||||
19 | minor and his or her family.
| ||||||
20 | (10) When the court finds or has found that there is | ||||||
21 | probable cause to
believe a minor is an abused minor as | ||||||
22 | described in subsection (2) of Section
2-3
and that there is an | ||||||
23 | immediate and urgent necessity for the abused minor to be
| ||||||
24 | placed in shelter care, immediate and urgent necessity shall be | ||||||
25 | presumed for
any other minor residing in the same household as | ||||||
26 | the abused minor provided:
|
| |||||||
| |||||||
1 | (a) Such other minor is the subject of an abuse or | ||||||
2 | neglect petition
pending before the court; and
| ||||||
3 | (b) A party to the petition is seeking shelter care for | ||||||
4 | such other minor.
| ||||||
5 | Once the presumption of immediate and urgent necessity has | ||||||
6 | been raised, the
burden of demonstrating the lack of immediate | ||||||
7 | and urgent necessity shall be on
any party that is opposing | ||||||
8 | shelter care for the other minor.
| ||||||
9 | (11) The changes made to this Section by Public Act 98-61 | ||||||
10 | apply to a minor who has been
arrested or taken into custody on | ||||||
11 | or after January 1, 2014 (the effective date
of Public Act | ||||||
12 | 98-61). | ||||||
13 | (Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 98-803, | ||||||
14 | eff. 1-1-15; 99-625, eff. 1-1-17; 99-642, eff. 7-28-16 .)
| ||||||
15 | (705 ILCS 405/3-12) (from Ch. 37, par. 803-12)
| ||||||
16 | Sec. 3-12. Shelter care hearing. At the appearance of the
| ||||||
17 | minor before the court at the shelter care hearing, all
| ||||||
18 | witnesses present shall be examined before the court in | ||||||
19 | relation to any
matter connected with the allegations made in | ||||||
20 | the petition.
| ||||||
21 | (1) If the court finds that there is not probable cause to | ||||||
22 | believe
that the minor is a person requiring authoritative | ||||||
23 | intervention, it shall
release the minor and dismiss the | ||||||
24 | petition.
| ||||||
25 | (2) If the court finds that there is probable cause to |
| |||||||
| |||||||
1 | believe that the
minor is a person requiring authoritative | ||||||
2 | intervention, the minor, his or
her parent, guardian, custodian | ||||||
3 | and other persons able to give relevant
testimony shall be | ||||||
4 | examined before the court. After such testimony, the
court may | ||||||
5 | enter an order that the minor shall be released upon the | ||||||
6 | request
of a parent, guardian or custodian if the parent, | ||||||
7 | guardian or custodian
appears to take custody. Custodian shall | ||||||
8 | include any agency of the State
which has been given custody or | ||||||
9 | wardship of the child. The Court shall require
documentation by | ||||||
10 | representatives of the Department of Children and Family
| ||||||
11 | Services or the probation department as to the reasonable | ||||||
12 | efforts that were
made to prevent or eliminate the necessity of | ||||||
13 | removal of the minor from his
or her home, and shall consider | ||||||
14 | the testimony of any person as to those
reasonable efforts. If | ||||||
15 | the court finds that it is a
matter of immediate and urgent | ||||||
16 | necessity for the protection of the minor
or of the person or | ||||||
17 | property of another that the minor be
placed in a shelter care | ||||||
18 | facility, or that he or she is likely to flee the
jurisdiction | ||||||
19 | of the court, and further finds that reasonable efforts have
| ||||||
20 | been made or good cause has been shown why reasonable efforts | ||||||
21 | cannot
prevent or eliminate the necessity of removal of the | ||||||
22 | minor from his or her
home, the court may prescribe shelter | ||||||
23 | care and order that the minor be kept
in a suitable place | ||||||
24 | designated by the court or in a shelter care facility
| ||||||
25 | designated by the Department of Children and Family Services or | ||||||
26 | a licensed
child welfare agency; otherwise it shall release the |
| |||||||
| |||||||
1 | minor from custody.
If the court prescribes shelter care, then | ||||||
2 | in placing the minor, the
Department or other agency shall, to | ||||||
3 | the extent
compatible with the court's order, comply with | ||||||
4 | Section 7 of the Children and
Family Services Act. If
the minor | ||||||
5 | is ordered placed in a shelter care facility of the Department | ||||||
6 | of
Children and Family Services or a licensed child welfare | ||||||
7 | agency, the court
shall, upon request of the Department or | ||||||
8 | other agency, appoint the
Department of Children and Family | ||||||
9 | Services Guardianship Administrator or
other appropriate | ||||||
10 | agency executive temporary custodian of the minor and the
court | ||||||
11 | may enter such other orders related to the temporary custody as | ||||||
12 | it
deems fit and proper, including the provision of services to | ||||||
13 | the minor or
his family to ameliorate the causes contributing | ||||||
14 | to the finding of probable
cause or to the finding of the | ||||||
15 | existence of immediate and urgent necessity.
Acceptance of | ||||||
16 | services shall not be considered an admission of any
allegation | ||||||
17 | in a petition made pursuant to this Act, nor may a referral of
| ||||||
18 | services be considered as evidence in any proceeding pursuant | ||||||
19 | to this Act,
except where the issue is whether the Department | ||||||
20 | has made reasonable
efforts to reunite the family. In making | ||||||
21 | its findings that reasonable
efforts have been made or that | ||||||
22 | good cause has been shown why reasonable
efforts cannot prevent | ||||||
23 | or eliminate the necessity of removal of the minor
from his or | ||||||
24 | her home, the court shall state in writing its findings
| ||||||
25 | concerning the nature of the services that were offered or the | ||||||
26 | efforts that
were made to prevent removal of the child and the |
| |||||||
| |||||||
1 | apparent reasons that such
services or efforts could not | ||||||
2 | prevent the need for removal. The parents,
guardian, custodian, | ||||||
3 | temporary custodian and minor shall each be furnished
a copy of | ||||||
4 | such written findings. The temporary custodian shall maintain a
| ||||||
5 | copy of the court order and written findings in the case record | ||||||
6 | for the
child.
| ||||||
7 | The order together with the court's findings of fact and | ||||||
8 | support thereof
shall be entered of record in the court.
| ||||||
9 | Once the court finds that it is a matter of immediate and | ||||||
10 | urgent necessity
for the protection of the minor that the minor | ||||||
11 | be placed in a shelter care
facility, the minor shall not be | ||||||
12 | returned to the parent, custodian or guardian
until the court | ||||||
13 | finds that such placement is no longer necessary for the
| ||||||
14 | protection of the minor.
| ||||||
15 | (3) If prior to the shelter care hearing for a minor | ||||||
16 | described in
Sections 2-3, 2-4, 3-3, and 4-3 the petitioner is | ||||||
17 | unable to serve notice on the
party respondent, the shelter | ||||||
18 | care hearing may proceed ex parte. A shelter
care order from an | ||||||
19 | ex parte hearing shall be endorsed with the date and
hour of | ||||||
20 | issuance and shall be filed with the clerk's office and entered | ||||||
21 | of
record. The order shall expire after 10 days from the time | ||||||
22 | it is issued
unless before its expiration it is renewed, at a | ||||||
23 | hearing upon appearance
of the party respondent, or upon an | ||||||
24 | affidavit of the moving party as to all
diligent efforts to | ||||||
25 | notify the party respondent by notice as herein
prescribed. The | ||||||
26 | notice prescribed shall be in writing and shall be
personally |
| |||||||
| |||||||
1 | delivered to the minor or the minor's attorney and to the last
| ||||||
2 | known address of the other person or persons entitled to | ||||||
3 | notice. The
notice shall also state the nature of the | ||||||
4 | allegations, the nature of the
order sought by the State, | ||||||
5 | including whether temporary custody is sought,
and the | ||||||
6 | consequences of failure to appear; and shall explain the right | ||||||
7 | of
the parties and the procedures to vacate or modify a shelter | ||||||
8 | care order as
provided in this Section. The notice for a | ||||||
9 | shelter care hearing shall be
substantially as follows:
| ||||||
10 | NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING
| ||||||
11 | On ................ at ........., before the Honorable
| ||||||
12 | ................, (address:) ................., the State of | ||||||
13 | Illinois will
present evidence (1) that (name of child or | ||||||
14 | children)
....................... are abused, neglected or | ||||||
15 | dependent for the following reasons:
| ||||||
16 | .............................................................
| ||||||
17 | and (2) that there is "immediate and urgent necessity" to | ||||||
18 | remove the child
or children from the responsible relative.
| ||||||
19 | YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN | ||||||
20 | PLACEMENT of the
child or children in foster care until a trial | ||||||
21 | can be held. A trial may
not be held for up to 90 days.
| ||||||
22 | At the shelter care hearing, parents have the following | ||||||
23 | rights:
| ||||||
24 | 1. To ask the court to appoint a lawyer if they cannot | ||||||
25 | afford one.
| ||||||
26 | 2. To ask the court to continue the hearing to allow |
| |||||||
| |||||||
1 | them time to prepare.
| ||||||
2 | 3. To present evidence concerning:
| ||||||
3 | a. Whether or not the child or children were | ||||||
4 | abused, neglected or dependent.
| ||||||
5 | b. Whether or not there is "immediate and urgent | ||||||
6 | necessity" to remove
the child from home (including: | ||||||
7 | their ability to care for the child,
conditions in the | ||||||
8 | home, alternative means of protecting the child
other | ||||||
9 | than removal).
| ||||||
10 | c. The best interests of the child.
| ||||||
11 | 4. To cross examine the State's witnesses.
| ||||||
12 | The Notice for rehearings shall be substantially as | ||||||
13 | follows:
| ||||||
14 | NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
| ||||||
15 | TO REHEARING ON TEMPORARY CUSTODY
| ||||||
16 | If you were not present at and did not have adequate notice | ||||||
17 | of the
Shelter Care Hearing at which temporary custody of | ||||||
18 | ............... was
awarded to ................, you have the | ||||||
19 | right to request a full rehearing
on whether the State should | ||||||
20 | have temporary custody of ................. To
request this | ||||||
21 | rehearing, you must file with the Clerk of the Juvenile Court
| ||||||
22 | (address): ........................, in person or by mailing a | ||||||
23 | statement
(affidavit) setting forth the following:
| ||||||
24 | 1. That you were not present at the shelter care | ||||||
25 | hearing.
| ||||||
26 | 2. That you did not get adequate notice (explaining how |
| |||||||
| |||||||
1 | the notice
was inadequate).
| ||||||
2 | 3. Your signature.
| ||||||
3 | 4. Signature must be notarized.
| ||||||
4 | The rehearing should be scheduled within one day of your | ||||||
5 | filing this
affidavit.
| ||||||
6 | At the rehearing, your rights are the same as at the | ||||||
7 | initial shelter care
hearing. The enclosed notice explains | ||||||
8 | those rights.
| ||||||
9 | At the Shelter Care Hearing, children have the following | ||||||
10 | rights:
| ||||||
11 | 1. To have a guardian ad litem appointed.
| ||||||
12 | 2. To be declared competent as a witness and to present | ||||||
13 | testimony
concerning:
| ||||||
14 | a. Whether they are abused, neglected or | ||||||
15 | dependent.
| ||||||
16 | b. Whether there is "immediate and urgent | ||||||
17 | necessity" to be
removed from home.
| ||||||
18 | c. Their best interests.
| ||||||
19 | 3. To cross examine witnesses for other parties.
| ||||||
20 | 4. To obtain an explanation of any proceedings and | ||||||
21 | orders of the court.
| ||||||
22 | (4) If the parent, guardian, legal custodian, responsible | ||||||
23 | relative, or
counsel of the minor did not have actual notice of | ||||||
24 | or was not present at
the shelter care hearing, he or she may | ||||||
25 | file an affidavit setting forth
these facts, and the clerk | ||||||
26 | shall set the matter for rehearing not later
than 48 hours, |
| |||||||
| |||||||
1 | excluding Sundays and legal holidays, after the filing of
the | ||||||
2 | affidavit. At the rehearing, the court shall proceed in the | ||||||
3 | same manner
as upon the original hearing.
| ||||||
4 | (5) Only when there is reasonable cause to believe that the | ||||||
5 | minor taken
into custody is a person described in subsection | ||||||
6 | (3) of Section 5-105 may the minor
be kept or
detained in a | ||||||
7 | detention home or county or municipal jail. This Section
shall | ||||||
8 | in no way be construed to limit subsection (6).
| ||||||
9 | (6) No minor under 16 years of age may be confined in a | ||||||
10 | jail or place
ordinarily used for the confinement of prisoners | ||||||
11 | in a police station. Minors
under 21 years of age for a | ||||||
12 | misdemeanor offense, or 18 years of age for a felony offense | ||||||
13 | must be kept separate from confined adults and may
not at any | ||||||
14 | time be kept in the same cell, room, or yard with adults | ||||||
15 | confined
pursuant to the criminal law.
| ||||||
16 | (7) If the minor is not brought before a judicial officer | ||||||
17 | within the
time period specified in Section 3-11, the minor | ||||||
18 | must immediately be
released from custody.
| ||||||
19 | (8) If neither the parent, guardian or custodian appears | ||||||
20 | within 24
hours to take custody of a minor released upon | ||||||
21 | request pursuant to
subsection (2) of this Section, then the | ||||||
22 | clerk of the court shall set the
matter for rehearing not later | ||||||
23 | than 7 days after the original order and
shall issue a summons | ||||||
24 | directed to the parent, guardian or custodian to
appear. At the | ||||||
25 | same time the probation department shall prepare a report
on | ||||||
26 | the minor. If a parent, guardian or custodian does not appear |
| |||||||
| |||||||
1 | at such
rehearing, the judge may enter an order prescribing | ||||||
2 | that the minor be kept
in a suitable place designated by the | ||||||
3 | Department of Children and Family
Services or a licensed child | ||||||
4 | welfare agency.
| ||||||
5 | (9) Notwithstanding any other provision of this Section, | ||||||
6 | any interested
party, including the State, the temporary | ||||||
7 | custodian, an agency providing
services to the minor or family | ||||||
8 | under a service plan pursuant to Section
8.2 of the Abused and | ||||||
9 | Neglected Child Reporting Act, foster parent, or any
of their | ||||||
10 | representatives, on notice to all parties entitled to notice, | ||||||
11 | may
file a motion to modify or vacate a temporary custody order | ||||||
12 | on any of the
following grounds:
| ||||||
13 | (a) It is no longer a matter of immediate and urgent | ||||||
14 | necessity that the
minor remain in shelter care; or
| ||||||
15 | (b) There is a material change in the circumstances of | ||||||
16 | the natural
family from which the minor was removed; or
| ||||||
17 | (c) A person, including a parent, relative or legal | ||||||
18 | guardian, is
capable of assuming temporary custody of the | ||||||
19 | minor; or
| ||||||
20 | (d) Services provided by the Department of Children and | ||||||
21 | Family Services
or a child welfare agency or other service | ||||||
22 | provider have been successful in
eliminating the need for | ||||||
23 | temporary custody.
| ||||||
24 | The clerk shall set the matter for hearing not later than | ||||||
25 | 14 days after
such motion is filed. In the event that the court | ||||||
26 | modifies or vacates a
temporary custody order but does not |
| |||||||
| |||||||
1 | vacate its finding of probable cause,
the court may order that | ||||||
2 | appropriate services be continued or initiated in
behalf of the | ||||||
3 | minor and his or her family.
| ||||||
4 | (10) The changes made to this Section by Public Act 98-61 | ||||||
5 | apply to a minor who has been
arrested or taken into custody on | ||||||
6 | or after January 1, 2014 (the effective date
of Public Act | ||||||
7 | 98-61). | ||||||
8 | (Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 99-642, | ||||||
9 | eff. 7-28-16.)
| ||||||
10 | (705 ILCS 405/4-9) (from Ch. 37, par. 804-9)
| ||||||
11 | Sec. 4-9. Shelter care hearing. At the appearance of the
| ||||||
12 | minor before the court at the shelter care hearing, all
| ||||||
13 | witnesses present shall be examined before the court in | ||||||
14 | relation to any
matter connected with the allegations made in | ||||||
15 | the petition.
| ||||||
16 | (1) If the court finds that there is not probable cause to | ||||||
17 | believe that
the minor is addicted, it shall release the minor | ||||||
18 | and dismiss the petition.
| ||||||
19 | (2) If the court finds that there is probable cause to | ||||||
20 | believe that the
minor is addicted, the minor, his or
her | ||||||
21 | parent, guardian, custodian and other persons able to give | ||||||
22 | relevant
testimony shall be examined before the court. After | ||||||
23 | such testimony, the
court may enter an order that the minor | ||||||
24 | shall be released
upon the request of a parent, guardian or | ||||||
25 | custodian if the parent, guardian
or custodian appears to take |
| |||||||
| |||||||
1 | custody
and agrees to abide by a court order
which requires the | ||||||
2 | minor and his or her parent, guardian, or legal custodian
to
| ||||||
3 | complete an evaluation by an entity licensed by the Department | ||||||
4 | of Human
Services, as the successor to
the Department of | ||||||
5 | Alcoholism and Substance Abuse, and complete
any treatment | ||||||
6 | recommendations indicated by the assessment. Custodian shall
| ||||||
7 | include any agency
of the State which has been given custody or | ||||||
8 | wardship of the child.
| ||||||
9 | The Court shall require
documentation by representatives | ||||||
10 | of the Department of Children and Family
Services or the | ||||||
11 | probation department as to the reasonable efforts that were
| ||||||
12 | made to prevent or eliminate the necessity of removal of the | ||||||
13 | minor from his
or her home, and shall consider the testimony of | ||||||
14 | any person as to those
reasonable efforts. If the court finds | ||||||
15 | that it is a
matter of immediate and urgent necessity for the | ||||||
16 | protection of the minor
or of the person or property of another | ||||||
17 | that the minor be or
placed in a shelter care facility or that | ||||||
18 | he or she is likely to flee the
jurisdiction of the court, and | ||||||
19 | further, finds that reasonable efforts
have been made or good | ||||||
20 | cause has been shown why reasonable efforts cannot
prevent or | ||||||
21 | eliminate the necessity of removal of the minor from his or her
| ||||||
22 | home, the court may prescribe shelter care
and order that the | ||||||
23 | minor be kept in a suitable place designated by the
court or in | ||||||
24 | a shelter care facility designated by the Department of
| ||||||
25 | Children and Family Services or a licensed child welfare | ||||||
26 | agency, or
in a facility or program licensed by the Department |
| |||||||
| |||||||
1 | of Human
Services for shelter and treatment services;
otherwise | ||||||
2 | it shall release the minor from custody. If the court | ||||||
3 | prescribes
shelter care, then in placing the minor, the | ||||||
4 | Department or other agency shall,
to the extent compatible with | ||||||
5 | the court's order, comply with Section 7 of the
Children and | ||||||
6 | Family Services Act. If the minor is ordered placed in a | ||||||
7 | shelter
care facility of the Department of Children and Family | ||||||
8 | Services or a licensed
child welfare agency, or in
a facility | ||||||
9 | or program licensed by the Department of Human
Services for
| ||||||
10 | shelter and treatment
services, the court shall, upon request | ||||||
11 | of the appropriate
Department or other agency, appoint the | ||||||
12 | Department of Children and Family
Services Guardianship | ||||||
13 | Administrator or other appropriate agency executive
temporary | ||||||
14 | custodian of the minor and the court may enter such other | ||||||
15 | orders
related to the temporary custody as it deems fit and | ||||||
16 | proper, including
the provision of services to the minor or his | ||||||
17 | family to ameliorate the
causes contributing to the finding of | ||||||
18 | probable cause or to the finding of
the existence of immediate | ||||||
19 | and urgent necessity. Acceptance of services
shall not be | ||||||
20 | considered an admission of any allegation in a petition made
| ||||||
21 | pursuant to this Act, nor may a referral of services be | ||||||
22 | considered as
evidence in any proceeding pursuant to this Act, | ||||||
23 | except where the issue is
whether the Department has made | ||||||
24 | reasonable efforts to reunite the family.
In making its | ||||||
25 | findings that reasonable efforts have been made or that good
| ||||||
26 | cause has been shown why reasonable efforts cannot prevent or |
| |||||||
| |||||||
1 | eliminate the
necessity of removal of the minor from his or her | ||||||
2 | home, the court shall
state in writing its findings concerning | ||||||
3 | the nature of the services that
were offered or the efforts | ||||||
4 | that were made to prevent removal of the child
and the apparent | ||||||
5 | reasons that such
services or efforts could not prevent the | ||||||
6 | need for removal. The parents,
guardian, custodian, temporary | ||||||
7 | custodian and minor shall each be furnished
a copy of such | ||||||
8 | written findings. The temporary custodian shall maintain a
copy | ||||||
9 | of the court order and written findings in the case record for | ||||||
10 | the
child. The order together with the court's findings of fact | ||||||
11 | in support
thereof shall be entered of record in the court.
| ||||||
12 | Once the court finds that it is a matter of immediate and | ||||||
13 | urgent necessity
for the protection of the minor that the minor | ||||||
14 | be placed in a shelter care
facility, the minor shall not be | ||||||
15 | returned to the parent, custodian or guardian
until the court | ||||||
16 | finds that such placement is no longer necessary for the
| ||||||
17 | protection of the minor.
| ||||||
18 | (3) If neither the parent, guardian, legal custodian, | ||||||
19 | responsible
relative nor counsel of the minor has had actual | ||||||
20 | notice of or is present
at the shelter care hearing, he or she | ||||||
21 | may file his or her
affidavit setting forth these facts, and | ||||||
22 | the clerk shall set the matter for
rehearing not later than 24 | ||||||
23 | hours, excluding Sundays and legal holidays,
after the filing | ||||||
24 | of the affidavit. At the rehearing, the court shall
proceed in | ||||||
25 | the same manner as upon the original hearing.
| ||||||
26 | (4) If the minor is not brought before a judicial officer |
| |||||||
| |||||||
1 | within the
time period as specified in Section 4-8, the minor | ||||||
2 | must immediately be
released from custody.
| ||||||
3 | (5) Only when there is reasonable cause to believe that the | ||||||
4 | minor taken
into custody is a person described in subsection | ||||||
5 | (3) of Section 5-105 may the minor be kept or
detained in a | ||||||
6 | detention home or county or municipal jail. This Section
shall | ||||||
7 | in no way be construed to limit subsection (6).
| ||||||
8 | (6) No minor under 16 years of age may be confined in a | ||||||
9 | jail or place
ordinarily used for the confinement of prisoners | ||||||
10 | in a police station.
Minors under 21 years of age for a | ||||||
11 | misdemeanor offense or 18 years of age for a felony offense | ||||||
12 | must be kept separate from confined adults and
may not at any | ||||||
13 | time be kept in the same cell, room or yard with adults
| ||||||
14 | confined pursuant to the criminal law.
| ||||||
15 | (7) If neither the parent, guardian or custodian appears | ||||||
16 | within 24
hours to take custody of a minor released upon | ||||||
17 | request pursuant to
subsection (2) of this Section, then the | ||||||
18 | clerk of the court shall set the
matter for rehearing not later | ||||||
19 | than 7 days after the original order and
shall issue a summons | ||||||
20 | directed to the parent, guardian or custodian to
appear. At the | ||||||
21 | same time the probation department shall prepare a report
on | ||||||
22 | the minor. If a parent, guardian or custodian does not appear | ||||||
23 | at such
rehearing, the judge may enter an order prescribing | ||||||
24 | that the minor be kept
in a suitable place designated by the | ||||||
25 | Department of Children and Family
Services or a licensed child | ||||||
26 | welfare agency.
|
| |||||||
| |||||||
1 | (8) Any interested party, including the State, the | ||||||
2 | temporary
custodian, an agency providing services to the minor | ||||||
3 | or family under a
service plan pursuant to Section 8.2 of the | ||||||
4 | Abused and Neglected Child
Reporting Act, foster parent, or any | ||||||
5 | of their representatives, may file a
motion to modify or vacate | ||||||
6 | a temporary custody order on any of the following
grounds:
| ||||||
7 | (a) It is no longer a matter of immediate and urgent | ||||||
8 | necessity that the
minor remain in shelter care; or
| ||||||
9 | (b) There is a material change in the circumstances of | ||||||
10 | the natural
family from which the minor was removed; or
| ||||||
11 | (c) A person, including a parent, relative or legal | ||||||
12 | guardian, is capable
of assuming temporary custody of the | ||||||
13 | minor; or
| ||||||
14 | (d) Services provided by the Department of Children and | ||||||
15 | Family Services
or a child welfare agency or other service | ||||||
16 | provider have been successful in
eliminating the need for | ||||||
17 | temporary custody.
| ||||||
18 | The clerk shall set the matter for hearing not later than | ||||||
19 | 14 days after
such motion is filed. In the event that the court | ||||||
20 | modifies or vacates a
temporary custody order but does not | ||||||
21 | vacate its finding of probable cause,
the court may order that | ||||||
22 | appropriate services be continued or initiated in
behalf of the | ||||||
23 | minor and his or her family.
| ||||||
24 | (9) The changes made to this Section by Public Act 98-61 | ||||||
25 | apply to a minor who has been
arrested or taken into custody on | ||||||
26 | or after January 1, 2014 (the effective date
of Public Act |
| |||||||
| |||||||
1 | 98-61). | ||||||
2 | (Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; revised | ||||||
3 | 10-6-16.)
| ||||||
4 | (705 ILCS 405/5-105)
| ||||||
5 | Sec. 5-105. Definitions. As used in this Article:
| ||||||
6 | (1) "Aftercare release" means the conditional and | ||||||
7 | revocable release of an adjudicated delinquent juvenile | ||||||
8 | committed to the Department of Juvenile Justice under the | ||||||
9 | supervision of the Department of Juvenile Justice. | ||||||
10 | (1.5) "Court" means the circuit court in a session or | ||||||
11 | division
assigned to hear proceedings under this Act, and | ||||||
12 | includes the term Juvenile
Court.
| ||||||
13 | (2) "Community service" means uncompensated labor for | ||||||
14 | a community service
agency as hereinafter defined.
| ||||||
15 | (2.5) "Community service agency" means a | ||||||
16 | not-for-profit organization,
community
organization, | ||||||
17 | church, charitable organization, individual, public | ||||||
18 | office,
or other public body whose purpose is to enhance
| ||||||
19 | the physical or mental health of a delinquent minor or to | ||||||
20 | rehabilitate the
minor, or to improve the environmental | ||||||
21 | quality or social welfare of the
community which agrees to | ||||||
22 | accept community service from juvenile delinquents
and to | ||||||
23 | report on the progress of the community service to the | ||||||
24 | State's
Attorney pursuant to an agreement or to the court | ||||||
25 | or to any agency designated
by the court or to the |
| |||||||
| |||||||
1 | authorized diversion program that has referred the
| ||||||
2 | delinquent minor for community service.
| ||||||
3 | (3) "Delinquent minor" means any minor who prior to his | ||||||
4 | or her 21st birthday for a misdemeanor offense or 18th | ||||||
5 | birthday for a felony offense who has violated or attempted | ||||||
6 | to violate, regardless of where the act occurred, any | ||||||
7 | federal, State, county or municipal law or ordinance.
| ||||||
8 | (4) "Department" means the Department of Human | ||||||
9 | Services unless specifically
referenced as another | ||||||
10 | department.
| ||||||
11 | (5) "Detention" means the temporary care of a minor who | ||||||
12 | is alleged to be or
has been adjudicated
delinquent and who | ||||||
13 | requires secure custody for the minor's own
protection or | ||||||
14 | the community's protection in a facility designed to | ||||||
15 | physically
restrict the minor's movements, pending | ||||||
16 | disposition by the court or
execution of an order of the | ||||||
17 | court for placement or commitment. Design
features that | ||||||
18 | physically restrict movement include, but are not limited | ||||||
19 | to,
locked rooms and the secure handcuffing of a minor to a | ||||||
20 | rail or other
stationary object. In addition, "detention" | ||||||
21 | includes the court ordered
care of an alleged or | ||||||
22 | adjudicated delinquent minor who requires secure
custody | ||||||
23 | pursuant to Section 5-125 of this Act.
| ||||||
24 | (6) "Diversion" means the referral of a juvenile, | ||||||
25 | without court
intervention,
into a program that provides | ||||||
26 | services designed to educate the juvenile and
develop a |
| |||||||
| |||||||
1 | productive and responsible approach to living in the | ||||||
2 | community.
| ||||||
3 | (7) "Juvenile detention home" means a public facility | ||||||
4 | with specially trained
staff that conforms to the county | ||||||
5 | juvenile detention standards adopted by
the Department of | ||||||
6 | Juvenile Justice.
| ||||||
7 | (8) "Juvenile justice continuum" means a set of | ||||||
8 | delinquency prevention
programs and services designed for | ||||||
9 | the purpose of preventing or reducing
delinquent acts, | ||||||
10 | including criminal activity by youth gangs, as well as
| ||||||
11 | intervention, rehabilitation, and prevention services | ||||||
12 | targeted at minors who
have committed delinquent acts,
and | ||||||
13 | minors who have previously been committed to residential | ||||||
14 | treatment programs
for delinquents. The term includes | ||||||
15 | children-in-need-of-services and
| ||||||
16 | families-in-need-of-services programs; aftercare and | ||||||
17 | reentry services;
substance abuse and mental health | ||||||
18 | programs;
community service programs; community service
| ||||||
19 | work programs; and alternative-dispute resolution programs | ||||||
20 | serving
youth-at-risk of delinquency and their families, | ||||||
21 | whether offered or delivered
by State or
local governmental | ||||||
22 | entities, public or private for-profit or not-for-profit
| ||||||
23 | organizations, or religious or charitable organizations. | ||||||
24 | This term would also
encompass any program or service | ||||||
25 | consistent with the purpose of those programs
and services | ||||||
26 | enumerated in this subsection.
|
| |||||||
| |||||||
1 | (9) "Juvenile police officer" means a sworn police | ||||||
2 | officer who has completed
a Basic Recruit Training Course, | ||||||
3 | has been assigned to the position of juvenile
police | ||||||
4 | officer by his or her chief law enforcement officer and has | ||||||
5 | completed
the necessary juvenile officers training as | ||||||
6 | prescribed by the Illinois Law
Enforcement Training | ||||||
7 | Standards Board, or in the case of a State police officer,
| ||||||
8 | juvenile officer training approved by the Director of State
| ||||||
9 | Police.
| ||||||
10 | (10) "Minor" means a person under the age of 21 years | ||||||
11 | subject to this Act.
| ||||||
12 | (11) "Non-secure custody" means confinement where the | ||||||
13 | minor is not
physically
restricted by being placed in a | ||||||
14 | locked cell or room, by being handcuffed to a
rail or other | ||||||
15 | stationary object, or by other means. Non-secure custody | ||||||
16 | may
include, but is not limited to, electronic monitoring, | ||||||
17 | foster home placement,
home confinement, group home | ||||||
18 | placement, or physical restriction of movement or
activity | ||||||
19 | solely through facility staff.
| ||||||
20 | (12) "Public or community service" means uncompensated | ||||||
21 | labor for a
not-for-profit organization
or public body | ||||||
22 | whose purpose is to enhance physical or mental stability of | ||||||
23 | the
offender, environmental quality or the social welfare | ||||||
24 | and which agrees to
accept public or community service from | ||||||
25 | offenders and to report on the progress
of the offender and | ||||||
26 | the public or community service to the court or to the
|
| |||||||
| |||||||
1 | authorized diversion program that has referred the | ||||||
2 | offender for public or
community
service. "Public or | ||||||
3 | community service" does not include blood donation or | ||||||
4 | assignment to labor at a blood bank. For the purposes of | ||||||
5 | this Act, "blood bank" has the meaning ascribed to the term | ||||||
6 | in Section 2-124 of the Illinois Clinical Laboratory and | ||||||
7 | Blood Bank Act.
| ||||||
8 | (13) "Sentencing hearing" means a hearing to determine | ||||||
9 | whether a minor
should
be adjudged a ward of the court, and | ||||||
10 | to determine what sentence should be
imposed on the minor. | ||||||
11 | It is the intent of the General Assembly that the term
| ||||||
12 | "sentencing hearing" replace the term "dispositional | ||||||
13 | hearing" and be synonymous
with that definition as it was | ||||||
14 | used in the Juvenile Court Act of 1987.
| ||||||
15 | (14) "Shelter" means the temporary care of a minor in | ||||||
16 | physically
unrestricting facilities pending court | ||||||
17 | disposition or execution of court order
for placement.
| ||||||
18 | (15) "Site" means a not-for-profit organization, | ||||||
19 | public
body, church, charitable organization, or | ||||||
20 | individual agreeing to
accept
community service from | ||||||
21 | offenders and to report on the progress of ordered or
| ||||||
22 | required public or community service to the court or to the | ||||||
23 | authorized
diversion program that has referred the | ||||||
24 | offender for public or community
service.
| ||||||
25 | (16) "Station adjustment" means the informal or formal | ||||||
26 | handling of an
alleged
offender by a juvenile police |
| |||||||
| |||||||
1 | officer.
| ||||||
2 | (17) "Trial" means a hearing to determine whether the | ||||||
3 | allegations of a
petition under Section 5-520 that a minor | ||||||
4 | is delinquent are proved beyond a
reasonable doubt. It is | ||||||
5 | the intent of the General Assembly that the term
"trial" | ||||||
6 | replace the term "adjudicatory hearing" and be synonymous | ||||||
7 | with that
definition as it was used in the Juvenile Court | ||||||
8 | Act of 1987.
| ||||||
9 | The changes made to this Section by Public Act 98-61 apply | ||||||
10 | to violations or attempted violations committed on or after | ||||||
11 | January 1, 2014 (the effective date of Public Act 98-61). | ||||||
12 | (Source: P.A. 98-61, eff. 1-1-14; 98-558, eff. 1-1-14; 98-685, | ||||||
13 | eff. 1-1-15; 98-756, eff. 7-16-14; 98-824, eff. 1-1-15; 99-78, | ||||||
14 | eff. 7-20-15.)
| ||||||
15 | (705 ILCS 405/5-120)
| ||||||
16 | Sec. 5-120. Exclusive jurisdiction. Proceedings may be | ||||||
17 | instituted under the provisions of this Article concerning
any | ||||||
18 | minor who prior to his or her 21st birthday for a misdemeanor | ||||||
19 | offense or 18th birthday for a felony offense who has violated | ||||||
20 | or attempted to violate, regardless of where the act occurred, | ||||||
21 | any federal, State, county or municipal law or ordinance. | ||||||
22 | Except as provided in Sections 5-125, 5-130,
5-805, and 5-810 | ||||||
23 | of this Article, no minor who was under 21 years of age for a | ||||||
24 | misdemeanor offense or 18 years of age for a felony offense at | ||||||
25 | the
time of the alleged offense may be prosecuted under the |
| |||||||
| |||||||
1 | criminal laws of this
State.
| ||||||
2 | The changes made to this Section by this amendatory Act of | ||||||
3 | the 98th General Assembly apply to violations or attempted | ||||||
4 | violations committed on or after the effective date of this | ||||||
5 | amendatory Act. | ||||||
6 | The changes made to this Section by this amendatory Act of | ||||||
7 | the 100th General Assembly apply to violations or attempted | ||||||
8 | violations committed on or after the effective date of this | ||||||
9 | amendatory Act. | ||||||
10 | (Source: P.A. 98-61, eff. 1-1-14.)
| ||||||
11 | (705 ILCS 405/5-130)
| ||||||
12 | Sec. 5-130. Excluded jurisdiction.
| ||||||
13 | (1)(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 16 years of age and who is | ||||||
16 | charged with: (i) first degree murder, (ii) aggravated
criminal | ||||||
17 | sexual assault, or (iii) aggravated battery with a firearm as | ||||||
18 | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | ||||||
19 | (e)(3), or (e)(4) of Section 12-3.05
where the minor personally | ||||||
20 | discharged a firearm as defined in Section 2-15.5 of the | ||||||
21 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
22 | These charges and all other charges arising out of the same | ||||||
23 | incident shall
be prosecuted under the criminal laws of this | ||||||
24 | State.
| ||||||
25 | (b)(i) If before trial or plea an information or indictment |
| |||||||
| |||||||
1 | is filed that
does not charge an offense specified in paragraph | ||||||
2 | (a) of this subsection
(1) the State's Attorney may proceed on | ||||||
3 | any lesser charge or charges, but
only in Juvenile Court under | ||||||
4 | the provisions of this Article. The State's
Attorney may | ||||||
5 | proceed on a lesser charge if
before trial the minor defendant | ||||||
6 | knowingly and with advice of counsel waives,
in writing, his or | ||||||
7 | her right to have the matter proceed in Juvenile Court.
| ||||||
8 | (ii) If before trial or plea an information or indictment | ||||||
9 | is filed that
includes one or more charges specified in | ||||||
10 | paragraph (a) of this subsection
(1) and
additional charges | ||||||
11 | that are not specified in that paragraph, all of the charges
| ||||||
12 | arising out of the same incident shall be prosecuted under the | ||||||
13 | Criminal Code of
1961 or the Criminal Code of 2012.
| ||||||
14 | (c)(i) If after trial or plea the minor is convicted of any | ||||||
15 | offense
covered by paragraph (a) of this subsection (1), then, | ||||||
16 | in sentencing the minor,
the court shall sentence the minor | ||||||
17 | under Section 5-4.5-105 of the Unified Code of Corrections.
| ||||||
18 | (ii) If after trial or plea the court finds that the minor | ||||||
19 | committed an
offense not covered by paragraph (a) of this | ||||||
20 | subsection (1), that finding shall
not invalidate the verdict | ||||||
21 | or the prosecution of the minor under the criminal
laws of the | ||||||
22 | State; however, unless the State requests a hearing for the
| ||||||
23 | purpose of sentencing the minor under Chapter V of the Unified | ||||||
24 | Code of
Corrections, the Court must proceed under Sections | ||||||
25 | 5-705 and 5-710 of this
Article. To request a hearing, the | ||||||
26 | State must file a written motion within 10
days following the |
| |||||||
| |||||||
1 | entry of a finding or the return of a verdict. Reasonable
| ||||||
2 | notice of the motion shall be given to the minor or his or her | ||||||
3 | counsel.
If the motion is made by the State, the court shall | ||||||
4 | conduct a hearing to
determine if the minor should be sentenced | ||||||
5 | under Chapter V of the Unified Code
of Corrections. In making | ||||||
6 | its determination, the court shall consider among
other | ||||||
7 | matters: (a) whether there is
evidence that the offense was | ||||||
8 | committed in an aggressive and premeditated
manner; (b) the age | ||||||
9 | of the minor; (c) the previous history of the
minor; (d) | ||||||
10 | whether there are facilities particularly available to the | ||||||
11 | Juvenile
Court or the Department of Juvenile Justice for the | ||||||
12 | treatment
and rehabilitation of the minor; (e) whether
the | ||||||
13 | security of the public requires sentencing under Chapter V of | ||||||
14 | the
Unified Code of Corrections; and (f) whether the minor | ||||||
15 | possessed a deadly
weapon when committing the offense. The | ||||||
16 | rules of evidence shall be the same as
if at trial. If after | ||||||
17 | the hearing the court finds that the minor should be
sentenced | ||||||
18 | under Chapter V of the Unified Code of Corrections, then the | ||||||
19 | court
shall sentence the minor under Section 5-4.5-105 of the | ||||||
20 | Unified Code of Corrections.
| ||||||
21 | (2) (Blank).
| ||||||
22 | (3) (Blank).
| ||||||
23 | (4) (Blank).
| ||||||
24 | (5) (Blank).
| ||||||
25 | (6) (Blank).
| ||||||
26 | (7) The procedures set out in this Article for the |
| |||||||
| |||||||
1 | investigation, arrest and
prosecution of juvenile offenders | ||||||
2 | shall not apply to minors who are excluded
from jurisdiction of | ||||||
3 | the Juvenile Court, except that minors under 21 years of age | ||||||
4 | for a misdemeanor offense or 18 years of
age for a felony | ||||||
5 | offense shall be kept separate from confined adults.
| ||||||
6 | (8) Nothing in this Act prohibits or limits the prosecution | ||||||
7 | of any
minor for an offense committed on or after his or her | ||||||
8 | 21st birthday for a misdemeanor offense or 18th birthday for a | ||||||
9 | felony offense even though
he or she is at the time of the | ||||||
10 | offense a ward of the court.
| ||||||
11 | (9) If an original petition for adjudication of wardship | ||||||
12 | alleges the
commission by a minor 13 years of age or
over of an | ||||||
13 | act that constitutes a crime under the laws of this State,
the | ||||||
14 | minor, with the consent of his or her counsel, may, at any time | ||||||
15 | before
commencement of the adjudicatory hearing, file with the | ||||||
16 | court a motion
that criminal prosecution be ordered and that | ||||||
17 | the petition be dismissed
insofar as the act or acts involved | ||||||
18 | in the criminal proceedings are
concerned. If such a motion is | ||||||
19 | filed as herein provided, the court shall
enter its order | ||||||
20 | accordingly.
| ||||||
21 | (10) If, prior to August 12, 2005 (the effective date of | ||||||
22 | Public Act 94-574), a minor is charged with a violation of | ||||||
23 | Section 401 of the Illinois Controlled Substances Act under the | ||||||
24 | criminal laws of this State, other than a minor charged with a | ||||||
25 | Class X felony violation of the
Illinois Controlled
Substances | ||||||
26 | Act or the Methamphetamine Control and Community Protection |
| |||||||
| |||||||
1 | Act, any party including the minor or the court sua sponte
may, | ||||||
2 | before trial,
move for a hearing for the purpose of trying and | ||||||
3 | sentencing the minor as
a delinquent minor. To request a | ||||||
4 | hearing, the party must file a motion
prior to trial. | ||||||
5 | Reasonable notice of the motion shall be given to all
parties. | ||||||
6 | On its own motion or upon the filing of a motion by one of the
| ||||||
7 | parties including the minor, the court shall conduct a hearing | ||||||
8 | to
determine whether the minor should be tried and sentenced as | ||||||
9 | a
delinquent minor under this Article. In making its | ||||||
10 | determination, the
court shall consider among other matters:
| ||||||
11 | (a) The age of the minor;
| ||||||
12 | (b) Any previous delinquent or criminal history of the | ||||||
13 | minor;
| ||||||
14 | (c) Any previous abuse or neglect history of the minor;
| ||||||
15 | (d) Any mental health or educational history of the | ||||||
16 | minor, or both; and
| ||||||
17 | (e) Whether there is probable cause to support the | ||||||
18 | charge, whether
the minor is charged through | ||||||
19 | accountability, and whether there is
evidence the minor | ||||||
20 | possessed a deadly weapon or caused serious
bodily harm | ||||||
21 | during the offense.
| ||||||
22 | Any material that is relevant and reliable shall be | ||||||
23 | admissible at the
hearing. In
all cases, the judge shall enter | ||||||
24 | an order permitting prosecution
under the criminal laws of | ||||||
25 | Illinois unless the judge makes a finding
based on a | ||||||
26 | preponderance of the evidence that the minor would be
amenable |
| |||||||
| |||||||
1 | to the care, treatment, and training programs available
through | ||||||
2 | the facilities of the juvenile court based on an evaluation of
| ||||||
3 | the factors listed in this subsection (10).
| ||||||
4 | (11) The changes made to this Section by Public Act 98-61 | ||||||
5 | apply to a minor who has been
arrested or taken into custody on | ||||||
6 | or after January 1, 2014 (the effective date
of Public Act | ||||||
7 | 98-61). | ||||||
8 | (Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 99-258, | ||||||
9 | eff. 1-1-16 .)
| ||||||
10 | (705 ILCS 405/5-401.5)
| ||||||
11 | Sec. 5-401.5. When statements by minor may be used.
| ||||||
12 | (a) In this Section, "custodial interrogation" means any | ||||||
13 | interrogation
(i) during which a reasonable person in the | ||||||
14 | subject's position
would consider himself or herself to be in | ||||||
15 | custody and (ii) during which
a
question is asked that is | ||||||
16 | reasonably likely to elicit an incriminating
response.
| ||||||
17 | In this Section, "electronic recording" includes motion | ||||||
18 | picture,
audiotape, videotape, or digital recording.
| ||||||
19 | In this Section, "place of detention" means a building
or a | ||||||
20 | police station that is a place of operation for a municipal | ||||||
21 | police
department or county sheriff department or other law | ||||||
22 | enforcement agency
at which persons are or may be held in | ||||||
23 | detention in
connection with criminal charges against those | ||||||
24 | persons or allegations that
those
persons are delinquent | ||||||
25 | minors.
|
| |||||||
| |||||||
1 | (a-5) An oral, written, or sign language statement of a | ||||||
2 | minor, who at the time of the commission of the offense was | ||||||
3 | under 21 years of age for a misdemeanor offense or 18 years of | ||||||
4 | age for a felony offense , is presumed to be inadmissible when | ||||||
5 | the statement is obtained from the minor while the minor is | ||||||
6 | subject to custodial interrogation by a law enforcement | ||||||
7 | officer, State's Attorney, juvenile officer, or other public | ||||||
8 | official or employee prior to the officer, State's Attorney, | ||||||
9 | public official, or employee: | ||||||
10 | (1) continuously reads to the minor, in its entirety | ||||||
11 | and without stopping for purposes of a response from the | ||||||
12 | minor or verifying comprehension, the following statement: | ||||||
13 | "You have the right to remain silent. That means you do not | ||||||
14 | have to say anything. Anything you do say can be used | ||||||
15 | against you in court. You have the right to get help from a | ||||||
16 | lawyer. If you cannot pay for a lawyer, the court will get | ||||||
17 | you one for free. You can ask for a lawyer at any time. You | ||||||
18 | have the right to stop this interview at any time."; and | ||||||
19 | (2) after reading the statement required by paragraph | ||||||
20 | (1) of this subsection (a-5), the public official or | ||||||
21 | employee shall ask the minor the following questions and | ||||||
22 | wait for the minor's response to each question: | ||||||
23 | (A) "Do you want to have a lawyer?" | ||||||
24 | (B) "Do you want to talk to me?" | ||||||
25 | (b) An oral, written, or sign language statement of a minor | ||||||
26 | who, at the time
of the
commission of the offense was under the |
| |||||||
| |||||||
1 | age of 21 for a misdemeanor offense or 18
years for a felony | ||||||
2 | offense , made as a
result of a custodial interrogation | ||||||
3 | conducted at a police station or other
place of detention on or | ||||||
4 | after
the effective date of
this amendatory Act of the 99th | ||||||
5 | General Assembly and on or after the effective date of this | ||||||
6 | amendatory Act of the 100th General Assembly shall be presumed | ||||||
7 | to be
inadmissible as evidence against the
minor in
any | ||||||
8 | criminal proceeding or juvenile court proceeding,
for an act | ||||||
9 | that if committed by an adult would be
a misdemeanor offense | ||||||
10 | under Article 11 of the Criminal Code of 2012 or any felony | ||||||
11 | offense
unless:
| ||||||
12 | (1) an electronic recording
is made of the custodial | ||||||
13 | interrogation; and
| ||||||
14 | (2) the recording is substantially accurate and not | ||||||
15 | intentionally altered.
| ||||||
16 | (b-5) (Blank). | ||||||
17 | (b-10) If, during the course of an electronically recorded | ||||||
18 | custodial interrogation conducted under this Section of a minor | ||||||
19 | who, at the time
of the
commission of the offense was under the | ||||||
20 | age of 21 years for a misdemeanor offense or 18
years for a | ||||||
21 | felony offense , the minor makes a statement that creates a | ||||||
22 | reasonable suspicion to believe the minor has committed an act | ||||||
23 | that if committed by an adult would be an offense other than an | ||||||
24 | offense required to be recorded under subsection (b), the | ||||||
25 | interrogators may, without the minor's consent, continue to | ||||||
26 | record the interrogation as it relates to the other offense |
| |||||||
| |||||||
1 | notwithstanding any provision of law to the contrary. Any oral, | ||||||
2 | written, or sign language statement of a minor made as a result | ||||||
3 | of an interrogation under this subsection shall be presumed to | ||||||
4 | be inadmissible as evidence against the minor in any criminal | ||||||
5 | proceeding or juvenile court proceeding, unless the recording | ||||||
6 | is substantially accurate and not intentionally altered. | ||||||
7 | (c) Every electronic recording made under this Section
must | ||||||
8 | be preserved
until such time as the
minor's adjudication
for | ||||||
9 | any
offense relating to the statement is final and all direct | ||||||
10 | and habeas corpus
appeals are
exhausted,
or the prosecution of | ||||||
11 | such offenses is barred by law.
| ||||||
12 | (d) If the court finds, by a preponderance of the evidence, | ||||||
13 | that the
minor
was
subjected to a custodial interrogation in | ||||||
14 | violation of this Section,
then any statements made
by the
| ||||||
15 | minor during or following that non-recorded custodial | ||||||
16 | interrogation, even
if
otherwise in compliance with this | ||||||
17 | Section, are presumed to be inadmissible in
any criminal
| ||||||
18 | proceeding or juvenile court proceeding against the minor | ||||||
19 | except for the
purposes of impeachment.
| ||||||
20 | (e) Nothing in this Section precludes the admission (i) of | ||||||
21 | a statement made
by the
minor in open court in any criminal | ||||||
22 | proceeding or juvenile court proceeding,
before a grand jury, | ||||||
23 | or
at a
preliminary hearing,
(ii) of a
statement made during a
| ||||||
24 | custodial interrogation that was not recorded as required by
| ||||||
25 | this
Section because electronic recording was not feasible, | ||||||
26 | (iii) of a
voluntary
statement,
whether or not the result of a |
| |||||||
| |||||||
1 | custodial interrogation, that has a bearing on
the
credibility | ||||||
2 | of the accused as a witness, (iv)
of a spontaneous statement
| ||||||
3 | that is not made in response to a question,
(v) of a statement | ||||||
4 | made after questioning that is routinely
asked during the | ||||||
5 | processing of the arrest of the suspect, (vi) of a statement
| ||||||
6 | made during a custodial interrogation by a suspect who | ||||||
7 | requests, prior to
making
the statement, to respond to the
| ||||||
8 | interrogator's questions only if
an electronic recording is not | ||||||
9 | made of the statement, provided that an
electronic
recording is | ||||||
10 | made of the statement of agreeing to respond to
the | ||||||
11 | interrogator's question, only if a recording is not made of the | ||||||
12 | statement,
(vii)
of a statement made
during a custodial
| ||||||
13 | interrogation that is conducted out-of-state,
(viii)
of a
| ||||||
14 | statement given in violation of subsection (b) at a time when | ||||||
15 | the interrogators are unaware that a death
has in fact | ||||||
16 | occurred, (ix) (blank), or (x) of any
other statement that may | ||||||
17 | be admissible under law. The State shall bear the
burden of | ||||||
18 | proving, by a preponderance of the evidence, that one of the
| ||||||
19 | exceptions described in this subsection (e) is applicable. | ||||||
20 | Nothing in this
Section precludes the admission of a statement, | ||||||
21 | otherwise inadmissible under
this Section, that is used only | ||||||
22 | for impeachment and not as substantive
evidence.
| ||||||
23 | (f) The presumption of inadmissibility of a statement made | ||||||
24 | by a suspect at
a custodial interrogation at a police station | ||||||
25 | or other place of detention may
be overcome by a preponderance | ||||||
26 | of the evidence
that
the statement was voluntarily given and is |
| |||||||
| |||||||
1 | reliable, based on the totality of
the
circumstances.
| ||||||
2 | (g) Any electronic recording of any statement made by a | ||||||
3 | minor during a
custodial interrogation that is compiled by any | ||||||
4 | law enforcement agency as
required by this Section for the | ||||||
5 | purposes of fulfilling the requirements of
this
Section shall | ||||||
6 | be confidential and exempt from public inspection and copying, | ||||||
7 | as
provided under Section 7 of the Freedom of Information Act, | ||||||
8 | and the information
shall not be transmitted to anyone except | ||||||
9 | as needed to comply with this
Section.
| ||||||
10 | (h) A statement, admission, confession, or incriminating | ||||||
11 | information made by or obtained from a minor related to the | ||||||
12 | instant offense, as part of any behavioral health screening, | ||||||
13 | assessment, evaluation, or treatment, whether or not | ||||||
14 | court-ordered, shall not be admissible as evidence against the | ||||||
15 | minor on the issue of guilt only in the instant juvenile court | ||||||
16 | proceeding. The provisions of this subsection (h) are in | ||||||
17 | addition to and do not override any existing statutory and | ||||||
18 | constitutional prohibition on the admission into evidence in | ||||||
19 | delinquency proceedings of information obtained during | ||||||
20 | screening, assessment, or treatment. | ||||||
21 | (i) The changes made to this Section by Public Act 98-61 | ||||||
22 | apply to statements of a minor made on or after January 1, 2014 | ||||||
23 | (the effective date of Public Act 98-61). | ||||||
24 | (Source: P.A. 98-61, eff. 1-1-14; 98-547, eff. 1-1-14; 98-756, | ||||||
25 | eff. 7-16-14; 99-882, eff. 1-1-17 .)
|
| |||||||
| |||||||
1 | (705 ILCS 405/5-410)
| ||||||
2 | Sec. 5-410. Non-secure custody or detention.
| ||||||
3 | (1) Any minor arrested or taken into custody pursuant to | ||||||
4 | this Act who
requires care away from his or her home but who | ||||||
5 | does not require physical
restriction shall be given temporary | ||||||
6 | care in a foster family home or other
shelter facility | ||||||
7 | designated by the court.
| ||||||
8 | (2) (a) Any minor 10 years of age or older arrested
| ||||||
9 | pursuant to this Act where there is probable cause to believe | ||||||
10 | that the minor
is a delinquent minor and that
(i) secured | ||||||
11 | custody is a matter of immediate and urgent necessity for the
| ||||||
12 | protection of the minor or of the person or property of | ||||||
13 | another, (ii) the minor
is likely to flee the jurisdiction of | ||||||
14 | the court, or (iii) the minor was taken
into custody under a | ||||||
15 | warrant, may be kept or detained in an authorized
detention | ||||||
16 | facility. A minor under 13 years of age shall not be admitted, | ||||||
17 | kept, or detained in a detention facility unless a local youth | ||||||
18 | service provider, including a provider through the | ||||||
19 | Comprehensive Community Based Youth Services network, has been | ||||||
20 | contacted and has not been able to accept the minor. No minor | ||||||
21 | under 12 years of age shall be detained in a
county jail or a | ||||||
22 | municipal lockup for more than 6 hours.
| ||||||
23 | (b) The written authorization of the probation officer or | ||||||
24 | detention officer
(or other public officer designated by the | ||||||
25 | court in a county having
3,000,000 or more inhabitants) | ||||||
26 | constitutes authority for the superintendent of
any juvenile |
| |||||||
| |||||||
1 | detention home to detain and keep a minor for up to 40 hours,
| ||||||
2 | excluding Saturdays, Sundays and court-designated holidays. | ||||||
3 | These
records shall be available to the same persons and | ||||||
4 | pursuant to the same
conditions as are law enforcement records | ||||||
5 | as provided in Section 5-905.
| ||||||
6 | (b-4) The consultation required by subsection (b-5) shall | ||||||
7 | not be applicable
if the probation officer or detention officer | ||||||
8 | (or other public officer
designated
by the court in a
county | ||||||
9 | having 3,000,000 or more inhabitants) utilizes a scorable | ||||||
10 | detention
screening instrument, which has been developed with | ||||||
11 | input by the State's
Attorney, to
determine whether a minor | ||||||
12 | should be detained, however, subsection (b-5) shall
still be | ||||||
13 | applicable where no such screening instrument is used or where | ||||||
14 | the
probation officer, detention officer (or other public | ||||||
15 | officer designated by the
court in a county
having 3,000,000 or | ||||||
16 | more inhabitants) deviates from the screening instrument.
| ||||||
17 | (b-5) Subject to the provisions of subsection (b-4), if a | ||||||
18 | probation officer
or detention officer
(or other public officer | ||||||
19 | designated by
the court in a county having 3,000,000 or more | ||||||
20 | inhabitants) does not intend to
detain a minor for an offense | ||||||
21 | which constitutes one of the following offenses
he or she shall | ||||||
22 | consult with the State's Attorney's Office prior to the release
| ||||||
23 | of the minor: first degree murder, second degree murder, | ||||||
24 | involuntary
manslaughter, criminal sexual assault, aggravated | ||||||
25 | criminal sexual assault,
aggravated battery with a firearm as | ||||||
26 | described in Section 12-4.2 or subdivision (e)(1), (e)(2), |
| |||||||
| |||||||
1 | (e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous | ||||||
2 | battery involving
permanent disability or disfigurement or | ||||||
3 | great bodily harm, robbery, aggravated
robbery, armed robbery, | ||||||
4 | vehicular hijacking, aggravated vehicular hijacking,
vehicular | ||||||
5 | invasion, arson, aggravated arson, kidnapping, aggravated | ||||||
6 | kidnapping,
home invasion, burglary, or residential burglary.
| ||||||
7 | (c) Except as otherwise provided in paragraph (a), (d), or | ||||||
8 | (e), no minor
shall
be detained in a county jail or municipal | ||||||
9 | lockup for more than 12 hours, unless
the offense is a crime of | ||||||
10 | violence in which case the minor may be detained up
to 24 | ||||||
11 | hours. For the purpose of this paragraph, "crime of violence" | ||||||
12 | has the
meaning
ascribed to it in Section 1-10 of the | ||||||
13 | Alcoholism and Other Drug Abuse and
Dependency Act.
| ||||||
14 | (i) The
period of detention is deemed to have begun | ||||||
15 | once the minor has been placed in a
locked room or cell or | ||||||
16 | handcuffed to a stationary object in a building housing
a | ||||||
17 | county jail or municipal lockup. Time spent transporting a | ||||||
18 | minor is not
considered to be time in detention or secure | ||||||
19 | custody.
| ||||||
20 | (ii) Any minor so
confined shall be under periodic | ||||||
21 | supervision and shall not be permitted to come
into or | ||||||
22 | remain in contact with adults in custody in the building.
| ||||||
23 | (iii) Upon
placement in secure custody in a jail or | ||||||
24 | lockup, the
minor shall be informed of the purpose of the | ||||||
25 | detention, the time it is
expected to last and the fact | ||||||
26 | that it cannot exceed the time specified under
this Act.
|
| |||||||
| |||||||
1 | (iv) A log shall
be kept which shows the offense which | ||||||
2 | is the basis for the detention, the
reasons and | ||||||
3 | circumstances for the decision to detain and the length of | ||||||
4 | time the
minor was in detention.
| ||||||
5 | (v) Violation of the time limit on detention
in a | ||||||
6 | county jail or municipal lockup shall not, in and of | ||||||
7 | itself, render
inadmissible evidence obtained as a result | ||||||
8 | of the violation of this
time limit. Minors under 21 years | ||||||
9 | of age for a misdemeanor offense or 18 years of age for a | ||||||
10 | felony offense shall be kept separate from confined
adults | ||||||
11 | and may not at any time be kept in the same cell, room or | ||||||
12 | yard with
adults confined pursuant to criminal law. Persons | ||||||
13 | 18 years of age and older
who have a petition of | ||||||
14 | delinquency filed against them for a felony offense may be
| ||||||
15 | confined in an
adult detention facility.
In making a | ||||||
16 | determination whether to confine a person 18 years of age | ||||||
17 | or
older
who has a petition of delinquency filed against | ||||||
18 | the person, these factors,
among other matters, shall be | ||||||
19 | considered:
| ||||||
20 | (A) The age of the person;
| ||||||
21 | (B) Any previous delinquent or criminal history of | ||||||
22 | the person;
| ||||||
23 | (C) Any previous abuse or neglect history of the | ||||||
24 | person; and
| ||||||
25 | (D) Any mental health or educational history of the | ||||||
26 | person, or both.
|
| |||||||
| |||||||
1 | (d) (i) If a minor 12 years of age or older is confined in a | ||||||
2 | county jail
in a
county with a population below 3,000,000 | ||||||
3 | inhabitants, then the minor's
confinement shall be implemented | ||||||
4 | in such a manner that there will be no contact
by sight, sound | ||||||
5 | or otherwise between the minor and adult prisoners. Minors
12 | ||||||
6 | years of age or older must be kept separate from confined | ||||||
7 | adults and may not
at any time
be kept in the same cell, room, | ||||||
8 | or yard with confined adults. This paragraph
(d)(i) shall only | ||||||
9 | apply to confinement pending an adjudicatory hearing and
shall | ||||||
10 | not exceed 40 hours, excluding Saturdays, Sundays and court | ||||||
11 | designated
holidays. To accept or hold minors during this time | ||||||
12 | period, county jails shall
comply with all monitoring standards | ||||||
13 | adopted by the Department of
Corrections and training standards | ||||||
14 | approved by the Illinois Law Enforcement
Training Standards | ||||||
15 | Board.
| ||||||
16 | (ii) To accept or hold minors, 12 years of age or older, | ||||||
17 | after the time
period
prescribed in paragraph (d)(i) of this | ||||||
18 | subsection (2) of this Section but not
exceeding 7 days | ||||||
19 | including Saturdays, Sundays and holidays pending an
| ||||||
20 | adjudicatory hearing, county jails shall comply with all | ||||||
21 | temporary detention
standards adopted by the Department of | ||||||
22 | Corrections and training standards
approved by the Illinois Law | ||||||
23 | Enforcement Training Standards Board.
| ||||||
24 | (iii) To accept or hold minors 12 years of age or older, | ||||||
25 | after the time
period prescribed in paragraphs (d)(i) and | ||||||
26 | (d)(ii) of this subsection (2) of
this
Section, county jails |
| |||||||
| |||||||
1 | shall comply with all county juvenile detention standards | ||||||
2 | adopted by the Department of Juvenile Justice.
| ||||||
3 | (e) When a minor who is at least 15 years of age is | ||||||
4 | prosecuted under the
criminal laws of this State,
the court may | ||||||
5 | enter an order directing that the juvenile be confined
in the | ||||||
6 | county jail. However, any juvenile confined in the county jail | ||||||
7 | under
this provision shall be separated from adults who are | ||||||
8 | confined in the county
jail in such a manner that there will be | ||||||
9 | no contact by sight, sound or
otherwise between the juvenile | ||||||
10 | and adult prisoners.
| ||||||
11 | (f) For purposes of appearing in a physical lineup, the | ||||||
12 | minor may be taken
to a county jail or municipal lockup under | ||||||
13 | the direct and constant supervision
of a juvenile police | ||||||
14 | officer. During such time as is necessary to conduct a
lineup, | ||||||
15 | and while supervised by a juvenile police officer, the sight | ||||||
16 | and sound
separation provisions shall not apply.
| ||||||
17 | (g) For purposes of processing a minor, the minor may be | ||||||
18 | taken to a County
Jail or municipal lockup under the direct and | ||||||
19 | constant supervision of a law
enforcement officer or | ||||||
20 | correctional officer. During such time as is necessary
to | ||||||
21 | process the minor, and while supervised by a law enforcement | ||||||
22 | officer or
correctional officer, the sight and sound separation | ||||||
23 | provisions shall not
apply.
| ||||||
24 | (3) If the probation officer or State's Attorney (or such | ||||||
25 | other public
officer designated by the court in a county having | ||||||
26 | 3,000,000 or more
inhabitants) determines that the minor may be |
| |||||||
| |||||||
1 | a delinquent minor as described
in subsection (3) of Section | ||||||
2 | 5-105, and should be retained in custody but does
not require
| ||||||
3 | physical restriction, the minor may be placed in non-secure | ||||||
4 | custody for up to
40 hours pending a detention hearing.
| ||||||
5 | (4) Any minor taken into temporary custody, not requiring | ||||||
6 | secure
detention, may, however, be detained in the home of his | ||||||
7 | or her parent or
guardian subject to such conditions as the | ||||||
8 | court may impose.
| ||||||
9 | (5) The changes made to this Section by Public Act 98-61 | ||||||
10 | apply to a minor who has been arrested or taken into custody on | ||||||
11 | or after January 1, 2014 (the effective date of Public Act | ||||||
12 | 98-61). | ||||||
13 | (Source: P.A. 98-61, eff. 1-1-14; 98-685, eff. 1-1-15; 98-756, | ||||||
14 | eff. 7-16-14; 99-254, eff. 1-1-16 .)
| ||||||
15 | (705 ILCS 405/5-901)
| ||||||
16 | Sec. 5-901. Court file.
| ||||||
17 | (1) The Court file with respect to proceedings under this
| ||||||
18 | Article shall consist of the petitions, pleadings, victim | ||||||
19 | impact statements,
process,
service of process, orders, writs | ||||||
20 | and docket entries reflecting hearings held
and judgments and | ||||||
21 | decrees entered by the court. The court file shall be
kept | ||||||
22 | separate from other records of the court.
| ||||||
23 | (a) The file, including information identifying the | ||||||
24 | victim or alleged
victim of any sex
offense, shall be | ||||||
25 | disclosed only to the following parties when necessary for
|
| |||||||
| |||||||
1 | discharge of their official duties:
| ||||||
2 | (i) A judge of the circuit court and members of the | ||||||
3 | staff of the court
designated by the judge;
| ||||||
4 | (ii) Parties to the proceedings and their | ||||||
5 | attorneys;
| ||||||
6 | (iii) Victims and their attorneys, except in cases | ||||||
7 | of multiple victims
of
sex offenses in which case the | ||||||
8 | information identifying the nonrequesting
victims | ||||||
9 | shall be redacted;
| ||||||
10 | (iv) Probation officers, law enforcement officers | ||||||
11 | or prosecutors or
their
staff;
| ||||||
12 | (v) Adult and juvenile Prisoner Review Boards.
| ||||||
13 | (b) The Court file redacted to remove any information | ||||||
14 | identifying the
victim or alleged victim of any sex offense | ||||||
15 | shall be disclosed only to the
following parties when | ||||||
16 | necessary for discharge of their official duties:
| ||||||
17 | (i) Authorized military personnel;
| ||||||
18 | (ii) Persons engaged in bona fide research, with | ||||||
19 | the permission of the
judge of the juvenile court and | ||||||
20 | the chief executive of the agency that prepared
the
| ||||||
21 | particular recording: provided that publication of | ||||||
22 | such research results in no
disclosure of a minor's | ||||||
23 | identity and protects the confidentiality of the
| ||||||
24 | record;
| ||||||
25 | (iii) The Secretary of State to whom the Clerk of | ||||||
26 | the Court shall report
the disposition of all cases, as |
| |||||||
| |||||||
1 | required in Section 6-204 or Section 6-205.1
of the | ||||||
2 | Illinois
Vehicle Code. However, information reported | ||||||
3 | relative to these offenses shall
be privileged and | ||||||
4 | available only to the Secretary of State, courts, and | ||||||
5 | police
officers;
| ||||||
6 | (iv) The administrator of a bonafide substance | ||||||
7 | abuse student
assistance program with the permission | ||||||
8 | of the presiding judge of the
juvenile court;
| ||||||
9 | (v) Any individual, or any public or private agency | ||||||
10 | or institution,
having
custody of the juvenile under | ||||||
11 | court order or providing educational, medical or
| ||||||
12 | mental health services to the juvenile or a | ||||||
13 | court-approved advocate for the
juvenile or any | ||||||
14 | placement provider or potential placement provider as
| ||||||
15 | determined by the court.
| ||||||
16 | (3) A minor who is the victim or alleged victim in a | ||||||
17 | juvenile proceeding
shall be
provided the same confidentiality | ||||||
18 | regarding disclosure of identity as the
minor who is the | ||||||
19 | subject of record.
Information identifying victims and alleged | ||||||
20 | victims of sex offenses,
shall not be disclosed or open to | ||||||
21 | public inspection under any circumstances.
Nothing in this | ||||||
22 | Section shall prohibit the victim or alleged victim of any sex
| ||||||
23 | offense from voluntarily disclosing his or her identity.
| ||||||
24 | (4) Relevant information, reports and records shall be made | ||||||
25 | available to the
Department of
Juvenile Justice when a juvenile | ||||||
26 | offender has been placed in the custody of the
Department of |
| |||||||
| |||||||
1 | Juvenile Justice.
| ||||||
2 | (5) Except as otherwise provided in this subsection (5), | ||||||
3 | juvenile court
records shall not be made available to the | ||||||
4 | general public
but may be inspected by representatives of | ||||||
5 | agencies, associations and news
media or other properly | ||||||
6 | interested persons by general or special order of
the court. | ||||||
7 | The State's Attorney, the minor, his or her parents, guardian | ||||||
8 | and
counsel
shall at all times have the right to examine court | ||||||
9 | files and records.
| ||||||
10 | (a) The
court shall allow the general public to have | ||||||
11 | access to the name, address, and
offense of a minor
who is | ||||||
12 | adjudicated a delinquent minor under this Act under either | ||||||
13 | of the
following circumstances:
| ||||||
14 | (i) The
adjudication of
delinquency was based upon | ||||||
15 | the
minor's
commission of first degree murder, attempt | ||||||
16 | to commit first degree
murder, aggravated criminal | ||||||
17 | sexual assault, or criminal sexual assault; or
| ||||||
18 | (ii) The court has made a finding that the minor | ||||||
19 | was at least 13 years
of
age
at the time the act was | ||||||
20 | committed and the adjudication of delinquency was | ||||||
21 | based
upon the minor's commission of: (A)
an act in | ||||||
22 | furtherance of the commission of a felony as a member | ||||||
23 | of or on
behalf of a criminal street
gang, (B) an act | ||||||
24 | involving the use of a firearm in the commission of a
| ||||||
25 | felony, (C) an act that would be a Class X felony | ||||||
26 | offense
under or
the minor's second or subsequent
Class |
| |||||||
| |||||||
1 | 2 or greater felony offense under the Cannabis Control | ||||||
2 | Act if committed
by an adult,
(D) an act that would be | ||||||
3 | a second or subsequent offense under Section 402 of
the | ||||||
4 | Illinois Controlled Substances Act if committed by an | ||||||
5 | adult, (E) an act
that would be an offense under | ||||||
6 | Section 401 of the Illinois Controlled
Substances Act | ||||||
7 | if committed by an adult, or (F) an act that would be | ||||||
8 | an offense under the Methamphetamine Control and | ||||||
9 | Community Protection Act if committed by an adult.
| ||||||
10 | (b) The court
shall allow the general public to have | ||||||
11 | access to the name, address, and offense
of a minor who is | ||||||
12 | at least 13 years of age at
the time the offense
is | ||||||
13 | committed and who is convicted, in criminal proceedings
| ||||||
14 | permitted or required under Section 5-805, under either of
| ||||||
15 | the following
circumstances:
| ||||||
16 | (i) The minor has been convicted of first degree | ||||||
17 | murder, attempt
to commit first degree
murder, | ||||||
18 | aggravated criminal sexual
assault, or criminal sexual | ||||||
19 | assault,
| ||||||
20 | (ii) The court has made a finding that the minor | ||||||
21 | was at least 13 years
of age
at the time the offense | ||||||
22 | was committed and the conviction was based upon the
| ||||||
23 | minor's commission of: (A)
an offense in
furtherance of | ||||||
24 | the commission of a felony as a member of or on behalf | ||||||
25 | of a
criminal street gang, (B) an offense
involving the | ||||||
26 | use of a firearm in the commission of a felony, (C)
a |
| |||||||
| |||||||
1 | Class X felony offense under the Cannabis Control Act | ||||||
2 | or a second or
subsequent Class 2 or
greater felony | ||||||
3 | offense under the Cannabis Control Act, (D) a
second or | ||||||
4 | subsequent offense under Section 402 of the Illinois
| ||||||
5 | Controlled Substances Act, (E) an offense under | ||||||
6 | Section 401 of the Illinois
Controlled Substances Act, | ||||||
7 | or (F) an offense under the Methamphetamine Control and | ||||||
8 | Community Protection Act.
| ||||||
9 | (6) Nothing in this Section shall be construed to limit the | ||||||
10 | use of a
adjudication of delinquency as
evidence in any | ||||||
11 | juvenile or criminal proceeding, where it would otherwise be
| ||||||
12 | admissible under the rules of evidence, including but not | ||||||
13 | limited to, use as
impeachment evidence against any witness, | ||||||
14 | including the minor if he or she
testifies.
| ||||||
15 | (7) Nothing in this Section shall affect the right of a | ||||||
16 | Civil Service
Commission or appointing authority examining the | ||||||
17 | character and fitness of
an applicant for a position as a law | ||||||
18 | enforcement officer to ascertain
whether that applicant was | ||||||
19 | ever adjudicated to be a delinquent minor and,
if so, to | ||||||
20 | examine the records or evidence which were made in
proceedings | ||||||
21 | under this Act.
| ||||||
22 | (8) Following any adjudication of delinquency for a crime | ||||||
23 | which would be
a felony if committed by an adult, or following | ||||||
24 | any adjudication of delinquency
for a violation of Section | ||||||
25 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
26 | Criminal Code of 2012, the State's Attorney shall ascertain
|
| |||||||
| |||||||
1 | whether the minor respondent is enrolled in school and, if so, | ||||||
2 | shall provide
a copy of the sentencing order to the principal | ||||||
3 | or chief administrative
officer of the school. Access to such | ||||||
4 | juvenile records shall be limited
to the principal or chief | ||||||
5 | administrative officer of the school and any guidance
counselor | ||||||
6 | designated by him or her.
| ||||||
7 | (9) Nothing contained in this Act prevents the sharing or
| ||||||
8 | disclosure of information or records relating or pertaining to | ||||||
9 | juveniles
subject to the provisions of the Serious Habitual | ||||||
10 | Offender Comprehensive
Action Program when that information is | ||||||
11 | used to assist in the early
identification and treatment of | ||||||
12 | habitual juvenile offenders.
| ||||||
13 | (11) The Clerk of the Circuit Court shall report to the | ||||||
14 | Department of
State
Police, in the form and manner required by | ||||||
15 | the Department of State Police, the
final disposition of each | ||||||
16 | minor who has been arrested or taken into custody
before his or | ||||||
17 | her 21st birthday for a misdemeanor offense or 18th birthday | ||||||
18 | for a felony offense for those offenses required to be reported
| ||||||
19 | under Section 5 of the Criminal Identification Act. Information | ||||||
20 | reported to
the Department under this Section may be maintained | ||||||
21 | with records that the
Department files under Section 2.1 of the | ||||||
22 | Criminal Identification Act.
| ||||||
23 | (12) Information or records may be disclosed to the general | ||||||
24 | public when the
court is conducting hearings under Section | ||||||
25 | 5-805 or 5-810.
| ||||||
26 | (13) The changes made to this Section by Public Act 98-61 |
| |||||||
| |||||||
1 | apply to juvenile court records of a minor who has been | ||||||
2 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
3 | effective date of Public Act 98-61). | ||||||
4 | (Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; | ||||||
5 | 98-756, eff. 7-16-14.)
| ||||||
6 | (705 ILCS 405/5-905)
| ||||||
7 | Sec. 5-905. Law enforcement records.
| ||||||
8 | (1) Law Enforcement Records.
Inspection and copying of law | ||||||
9 | enforcement records maintained by law enforcement
agencies | ||||||
10 | that relate to a minor who has been investigated, arrested, or | ||||||
11 | taken into custody
before his or her 21st birthday for a | ||||||
12 | misdemeanor offense or 18th birthday for a felony offense shall | ||||||
13 | be restricted to the following and when
necessary for the | ||||||
14 | discharge of their official duties:
| ||||||
15 | (a) A judge of the circuit court and members of the | ||||||
16 | staff of the court
designated by the judge;
| ||||||
17 | (b) Law enforcement officers, probation officers or | ||||||
18 | prosecutors or their
staff, or, when necessary for the | ||||||
19 | discharge of its official duties in connection with a | ||||||
20 | particular investigation of the conduct of a law | ||||||
21 | enforcement officer, an independent agency or its staff | ||||||
22 | created by ordinance and charged by a unit of local | ||||||
23 | government with the duty of investigating the conduct of | ||||||
24 | law enforcement officers;
| ||||||
25 | (c) The minor, the minor's parents or legal guardian |
| |||||||
| |||||||
1 | and their attorneys,
but only when the juvenile has been | ||||||
2 | charged with an offense;
| ||||||
3 | (d) Adult and Juvenile Prisoner Review Boards;
| ||||||
4 | (e) Authorized military personnel;
| ||||||
5 | (f) Persons engaged in bona fide research, with the | ||||||
6 | permission of the
judge of juvenile court and the chief | ||||||
7 | executive of the agency that prepared the
particular | ||||||
8 | recording: provided that publication of such research | ||||||
9 | results in no
disclosure of a minor's identity and protects | ||||||
10 | the confidentiality of the
record;
| ||||||
11 | (g) Individuals responsible for supervising or | ||||||
12 | providing temporary or
permanent care and custody of minors | ||||||
13 | pursuant to orders of the juvenile court
or directives from | ||||||
14 | officials of the Department of Children and Family
Services | ||||||
15 | or the Department of Human Services who certify in writing | ||||||
16 | that the
information will not be disclosed to any other | ||||||
17 | party except as provided under
law or order of court;
| ||||||
18 | (h) The appropriate school official only if the agency | ||||||
19 | or officer believes that there is an imminent threat of | ||||||
20 | physical harm to students, school personnel, or others who | ||||||
21 | are present in the school or on school grounds. | ||||||
22 | (A) Inspection and copying
shall be limited to law | ||||||
23 | enforcement records transmitted to the appropriate
| ||||||
24 | school official or officials whom the school has | ||||||
25 | determined to have a legitimate educational or safety | ||||||
26 | interest by a local law enforcement agency under a |
| |||||||
| |||||||
1 | reciprocal reporting
system established and maintained | ||||||
2 | between the school district and the local law
| ||||||
3 | enforcement agency under Section 10-20.14 of the | ||||||
4 | School Code concerning a minor
enrolled in a school | ||||||
5 | within the school district who has been arrested
or | ||||||
6 | taken into custody for any of the following offenses: | ||||||
7 | (i) any violation of Article 24 of the Criminal | ||||||
8 | Code of
1961 or the Criminal Code of 2012; | ||||||
9 | (ii) a violation of the Illinois Controlled | ||||||
10 | Substances Act; | ||||||
11 | (iii) a violation of the Cannabis Control Act; | ||||||
12 | (iv) a forcible felony as defined in Section | ||||||
13 | 2-8 of the Criminal Code
of 1961 or the Criminal | ||||||
14 | Code of 2012; | ||||||
15 | (v) a violation of the Methamphetamine Control | ||||||
16 | and Community Protection Act; | ||||||
17 | (vi) a violation of Section 1-2 of the | ||||||
18 | Harassing and Obscene Communications Act; | ||||||
19 | (vii) a violation of the Hazing Act; or | ||||||
20 | (viii) a violation of Section 12-1, 12-2, | ||||||
21 | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||||||
22 | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||||||
23 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
24 | The information derived from the law enforcement | ||||||
25 | records shall be kept separate from and shall not | ||||||
26 | become a part of the official school record of that |
| |||||||
| |||||||
1 | child and shall not be a public record. The information | ||||||
2 | shall be used solely by the appropriate school official | ||||||
3 | or officials whom the school has determined to have a | ||||||
4 | legitimate educational or safety interest to aid in the | ||||||
5 | proper rehabilitation of the child and to protect the | ||||||
6 | safety of students and employees in the school. If the | ||||||
7 | designated law enforcement and school officials deem | ||||||
8 | it to be in the best interest of the minor, the student | ||||||
9 | may be referred to in-school or community based social | ||||||
10 | services if those services are available. | ||||||
11 | "Rehabilitation services" may include interventions by | ||||||
12 | school support personnel, evaluation for eligibility | ||||||
13 | for special education, referrals to community-based | ||||||
14 | agencies such as youth services, behavioral healthcare | ||||||
15 | service providers, drug and alcohol prevention or | ||||||
16 | treatment programs, and other interventions as deemed | ||||||
17 | appropriate for the student. | ||||||
18 | (B) Any information provided to appropriate school | ||||||
19 | officials whom the school has determined to have a | ||||||
20 | legitimate educational or safety interest by local law | ||||||
21 | enforcement officials about a minor who is the subject | ||||||
22 | of a current police investigation that is directly | ||||||
23 | related to school safety shall consist of oral | ||||||
24 | information only, and not written law enforcement | ||||||
25 | records, and shall be used solely by the appropriate | ||||||
26 | school official or officials to protect the safety of |
| |||||||
| |||||||
1 | students and employees in the school and aid in the | ||||||
2 | proper rehabilitation of the child. The information | ||||||
3 | derived orally from the local law enforcement | ||||||
4 | officials shall be kept separate from and shall not | ||||||
5 | become a part of the official school record of the | ||||||
6 | child and shall not be a public record. This limitation | ||||||
7 | on the use of information about a minor who is the | ||||||
8 | subject of a current police investigation shall in no | ||||||
9 | way limit the use of this information by prosecutors in | ||||||
10 | pursuing criminal charges arising out of the | ||||||
11 | information disclosed during a police investigation of | ||||||
12 | the minor. For purposes of this paragraph, | ||||||
13 | "investigation" means an official systematic inquiry | ||||||
14 | by a law enforcement agency into actual or suspected | ||||||
15 | criminal activity;
| ||||||
16 | (i) The president of a park district. Inspection and | ||||||
17 | copying shall be limited to law enforcement records | ||||||
18 | transmitted to the president of the park district by the | ||||||
19 | Illinois State Police under Section 8-23 of the Park | ||||||
20 | District Code or Section 16a-5 of the Chicago Park District | ||||||
21 | Act concerning a person who is seeking employment with that | ||||||
22 | park district and who has been adjudicated a juvenile | ||||||
23 | delinquent for any of the offenses listed in subsection (c) | ||||||
24 | of Section 8-23 of the Park District Code or subsection (c) | ||||||
25 | of Section 16a-5 of the Chicago Park District Act. | ||||||
26 | (2) Information identifying victims and alleged victims of |
| |||||||
| |||||||
1 | sex offenses,
shall not be disclosed or open to public | ||||||
2 | inspection under any circumstances.
Nothing in this Section | ||||||
3 | shall prohibit the victim or alleged victim of any sex
offense | ||||||
4 | from voluntarily disclosing his or her identity.
| ||||||
5 | (2.5) If the minor is a victim of aggravated battery, | ||||||
6 | battery, attempted first degree murder, or other non-sexual | ||||||
7 | violent offense, the identity of the victim may be disclosed to | ||||||
8 | appropriate school officials, for the purpose of preventing | ||||||
9 | foreseeable future violence involving minors, by a local law | ||||||
10 | enforcement agency pursuant to an agreement established | ||||||
11 | between the school district and a local law enforcement agency | ||||||
12 | subject to the approval by the presiding judge of the juvenile | ||||||
13 | court. | ||||||
14 | (3) Relevant information, reports and records shall be made | ||||||
15 | available to the
Department of Juvenile Justice when a juvenile | ||||||
16 | offender has been placed in the
custody of the Department of | ||||||
17 | Juvenile Justice.
| ||||||
18 | (4) Nothing in this Section shall prohibit the inspection | ||||||
19 | or disclosure to
victims and witnesses of photographs contained | ||||||
20 | in the records of law
enforcement agencies when the inspection | ||||||
21 | or disclosure is conducted in the
presence of a law enforcement | ||||||
22 | officer for purposes of identification or
apprehension of any | ||||||
23 | person in the course of any criminal investigation or
| ||||||
24 | prosecution.
| ||||||
25 | (5) The records of law enforcement officers, or of an | ||||||
26 | independent agency created by ordinance and charged by a unit |
| |||||||
| |||||||
1 | of local government with the duty of investigating the conduct | ||||||
2 | of law enforcement officers, concerning all minors under 21
18 | ||||||
3 | years of age must be maintained separate from the records of | ||||||
4 | adults and
may not be open to public inspection or their | ||||||
5 | contents disclosed to the
public except by order of the court | ||||||
6 | or when the institution of criminal
proceedings has been | ||||||
7 | permitted under Section 5-130 or 5-805 or required
under | ||||||
8 | Section
5-130 or 5-805 or such a person has been convicted of a | ||||||
9 | crime and is the
subject of
pre-sentence investigation or when | ||||||
10 | provided by law.
| ||||||
11 | (6) Except as otherwise provided in this subsection (6), | ||||||
12 | law enforcement
officers, and personnel of an independent | ||||||
13 | agency created by ordinance and charged by a unit of local | ||||||
14 | government with the duty of investigating the conduct of law | ||||||
15 | enforcement officers, may not disclose the identity of any | ||||||
16 | minor
in releasing information to the general public as to the | ||||||
17 | arrest, investigation
or disposition of any case involving a | ||||||
18 | minor.
Any victim or parent or legal guardian of a victim may | ||||||
19 | petition the court to
disclose the name and address of the | ||||||
20 | minor and the minor's parents or legal
guardian, or both. Upon | ||||||
21 | a finding by clear and convincing evidence that the
disclosure | ||||||
22 | is either necessary for the victim to pursue a civil remedy | ||||||
23 | against
the minor or the minor's parents or legal guardian, or | ||||||
24 | both, or to protect the
victim's person or property from the | ||||||
25 | minor, then the court may order the
disclosure of the | ||||||
26 | information to the victim or to the parent or legal guardian
of |
| |||||||
| |||||||
1 | the victim only for the purpose of the victim pursuing a civil | ||||||
2 | remedy
against the minor or the minor's parents or legal | ||||||
3 | guardian, or both, or to
protect the victim's person or | ||||||
4 | property from the minor.
| ||||||
5 | (7) Nothing contained in this Section shall prohibit law | ||||||
6 | enforcement
agencies when acting in their official capacity | ||||||
7 | from communicating with each
other by letter, memorandum, | ||||||
8 | teletype or
intelligence alert bulletin or other means the | ||||||
9 | identity or other relevant
information pertaining to a person | ||||||
10 | under 21 years of age for a misdemeanor offense or 18 years of | ||||||
11 | age for a felony offense . The information
provided under this | ||||||
12 | subsection (7) shall remain confidential and shall not
be | ||||||
13 | publicly disclosed, except as otherwise allowed by law.
| ||||||
14 | (8) No person shall disclose information under this Section | ||||||
15 | except when
acting in his or her official capacity and as | ||||||
16 | provided by law or order of
court.
| ||||||
17 | (9) The changes made to this Section by Public Act 98-61 | ||||||
18 | apply to law enforcement records of a minor who has been | ||||||
19 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
20 | effective date of Public Act 98-61). | ||||||
21 | (Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 99-298, | ||||||
22 | eff. 8-6-15.)
| ||||||
23 | (705 ILCS 405/5-915)
| ||||||
24 | Sec. 5-915. Expungement of juvenile law enforcement and | ||||||
25 | court records.
|
| |||||||
| |||||||
1 | (0.05) For purposes of this Section and Section 5-622: | ||||||
2 | "Expunge" means to physically destroy the records and | ||||||
3 | to obliterate the minor's name from any official index or | ||||||
4 | public record, or both. Nothing in this Act shall require | ||||||
5 | the physical destruction of the internal office records, | ||||||
6 | files, or databases maintained by a State's Attorney's | ||||||
7 | Office or other prosecutor. | ||||||
8 | "Law enforcement record" includes but is not limited to | ||||||
9 | records of arrest, station adjustments, fingerprints, | ||||||
10 | probation adjustments, the issuance of a notice to appear, | ||||||
11 | or any other records maintained by a law enforcement agency | ||||||
12 | relating to a minor suspected of committing an offense. | ||||||
13 | (1) Whenever a person has been arrested, charged, or | ||||||
14 | adjudicated delinquent for an incident under this Act occurring | ||||||
15 | before his or her 18th birthday that if committed by an adult | ||||||
16 | would be an offense, the
person may petition the court at any | ||||||
17 | time for expungement of law
enforcement records and juvenile | ||||||
18 | court records relating to the incident and , upon termination of | ||||||
19 | all juvenile
court proceedings relating to that incident, the | ||||||
20 | court shall order the expungement of all records in the | ||||||
21 | possession of the Department of State Police, the clerk of the | ||||||
22 | circuit court, and law enforcement agencies relating to the | ||||||
23 | incident, but only in any of the following circumstances:
| ||||||
24 | (a) the minor was arrested and no petition for | ||||||
25 | delinquency was filed with
the clerk of the circuit court; | ||||||
26 | (a-5) the minor was charged with an offense and the |
| |||||||
| |||||||
1 | petition or petitions were dismissed without a finding of | ||||||
2 | delinquency;
| ||||||
3 | (b) the minor was charged with an offense and was found | ||||||
4 | not delinquent of
that offense;
| ||||||
5 | (c) the minor was placed under supervision pursuant to | ||||||
6 | Section 5-615, and
the order of
supervision has since been | ||||||
7 | successfully terminated; or
| ||||||
8 | (d)
the minor was adjudicated for an offense which | ||||||
9 | would be a Class B
misdemeanor, Class C misdemeanor, or a | ||||||
10 | petty or business offense if committed by an adult.
| ||||||
11 | (1.5) Commencing 180 days after January 1, 2015 ( the | ||||||
12 | effective date of Public Act 98-637) this amendatory Act of the | ||||||
13 | 98th General Assembly , the Department of State Police shall | ||||||
14 | automatically expunge, on or before January 1 of each year, a | ||||||
15 | person's law enforcement records which are not subject to | ||||||
16 | subsection (1) relating to incidents occurring before his or | ||||||
17 | her 21st birthday for a misdemeanor offense or 18th birthday | ||||||
18 | for a felony offense in the Department's possession or control | ||||||
19 | and which contains the final disposition which pertain to the | ||||||
20 | person when arrested as a minor if:
| ||||||
21 | (a) the minor was arrested for an eligible offense and | ||||||
22 | no petition for delinquency was filed with the clerk of the | ||||||
23 | circuit court; and | ||||||
24 | (b) the person attained the age of 21 years for a | ||||||
25 | misdemeanor offense or 18 years for a felony offense during | ||||||
26 | the last calendar year; and |
| |||||||
| |||||||
1 | (c) since the date of the minor's most recent arrest, | ||||||
2 | at least 6 months have elapsed without an additional | ||||||
3 | arrest, filing of a petition for delinquency whether | ||||||
4 | related or not to a previous arrest, or filing of charges | ||||||
5 | not initiated by arrest. | ||||||
6 | The Department of State Police shall allow a person to use | ||||||
7 | the Access and Review process, established in the Department of | ||||||
8 | State Police, for verifying that his or her law enforcement | ||||||
9 | records relating to incidents occurring before his or her 18th | ||||||
10 | birthday eligible under this subsection have been expunged as | ||||||
11 | provided in this subsection. | ||||||
12 | The Department of State Police shall provide by rule the | ||||||
13 | process for access, review, and automatic expungement. | ||||||
14 | (1.6) Commencing on January 1, 2015 ( the effective date of | ||||||
15 | Public Act 98-637) this amendatory Act of the 98th General | ||||||
16 | Assembly , a person whose law enforcement records are not | ||||||
17 | subject to subsection (1) or (1.5) of this Section and who has | ||||||
18 | attained the age of 21 years for a misdemeanor offense or 18 | ||||||
19 | years for a felony offense may use the Access and Review | ||||||
20 | process, established in the Department of State Police, for | ||||||
21 | verifying his or her law enforcement records relating to | ||||||
22 | incidents occurring before his or her 18th birthday in the | ||||||
23 | Department's possession or control which pertain to the person | ||||||
24 | when arrested as a minor, if the incident occurred no earlier | ||||||
25 | than 30 years before January 1, 2015 ( the effective date of | ||||||
26 | Public Act 98-637) this amendatory Act of the 98th General |
| |||||||
| |||||||
1 | Assembly . If the person identifies a law enforcement record of | ||||||
2 | an eligible offense that meets the requirements of this | ||||||
3 | subsection, paragraphs (a) and (c) of subsection (1.5) of this | ||||||
4 | Section, and all juvenile court proceedings related to the | ||||||
5 | person have been terminated, the person may file a Request for | ||||||
6 | Expungement of Juvenile Law Enforcement Records, in the form | ||||||
7 | and manner prescribed by the Department of State Police, with | ||||||
8 | the Department and the Department shall consider expungement of | ||||||
9 | the record as otherwise provided for automatic expungement | ||||||
10 | under subsection (1.5) of this Section. The person shall | ||||||
11 | provide notice and a copy of the Request for Expungement of | ||||||
12 | Juvenile Law Enforcement Records to the arresting agency, | ||||||
13 | prosecutor charged with the prosecution of the minor, or the | ||||||
14 | State's Attorney of the county that prosecuted the minor. The | ||||||
15 | Department of State Police shall provide by rule the process | ||||||
16 | for access, review, and Request for Expungement of Juvenile Law | ||||||
17 | Enforcement Records. | ||||||
18 | (1.7) Nothing in subsections (1.5) and (1.6) of this | ||||||
19 | Section precludes a person from filing a petition under | ||||||
20 | subsection (1) for expungement of records subject to automatic | ||||||
21 | expungement under that subsection (1) or subsection (1.5) or | ||||||
22 | (1.6) of this Section. | ||||||
23 | (1.8) For the purposes of subsections (1.5) and (1.6) of | ||||||
24 | this Section, "eligible offense" means records relating to an | ||||||
25 | arrest or incident occurring before the person's 21st birthday | ||||||
26 | for a misdemeanor offense or 18th birthday for a felony offense |
| |||||||
| |||||||
1 | that if committed by an adult is not an offense classified as a | ||||||
2 | Class 2 felony or higher offense, an offense under Article 11 | ||||||
3 | of the Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
4 | an offense under Section 12-13, 12-14, 12-14.1, 12-15, or 12-16 | ||||||
5 | of the Criminal Code of 1961. | ||||||
6 | (2) Any person may petition the court to expunge all law | ||||||
7 | enforcement records
relating to any
incidents occurring before | ||||||
8 | his or her 21st birthday for a misdemeanor offense or 18th | ||||||
9 | birthday for a felony offense which did not result in
| ||||||
10 | proceedings in criminal court and all juvenile court records | ||||||
11 | with respect to
any adjudications except those based upon first | ||||||
12 | degree
murder and
sex offenses which would be felonies if | ||||||
13 | committed by an adult, if the person
for whom expungement is | ||||||
14 | sought has had no
convictions for any crime since his or her | ||||||
15 | 21st birthday for a misdemeanor offense or 18th birthday for a | ||||||
16 | felony offense and:
| ||||||
17 | (a) has attained the age of 21 years; or
| ||||||
18 | (b) 5 years have elapsed since all juvenile court | ||||||
19 | proceedings relating to
him or her have been terminated or | ||||||
20 | his or her commitment to the Department of
Juvenile Justice
| ||||||
21 | pursuant to this Act has been terminated;
| ||||||
22 | whichever is later of (a) or (b). Nothing in this Section 5-915 | ||||||
23 | precludes a minor from obtaining expungement under Section | ||||||
24 | 5-622. | ||||||
25 | (2.5) If a minor is arrested and no petition for | ||||||
26 | delinquency is filed with the clerk of the circuit court as |
| |||||||
| |||||||
1 | provided in paragraph (a) of subsection (1) at the time the | ||||||
2 | minor is released from custody, the youth officer, if | ||||||
3 | applicable, or other designated person from the arresting | ||||||
4 | agency, shall notify verbally and in writing to the minor or | ||||||
5 | the minor's parents or guardians that the minor has a right to | ||||||
6 | petition to have his or her arrest record expunged when all | ||||||
7 | juvenile court proceedings relating to that minor have been | ||||||
8 | terminated and that unless a petition to expunge is filed, the | ||||||
9 | minor shall have an arrest record and shall provide the minor | ||||||
10 | and the minor's parents or guardians with an expungement | ||||||
11 | information packet, including a petition to expunge juvenile | ||||||
12 | records obtained from the clerk of the circuit court. | ||||||
13 | (2.6) If a minor is charged with an offense and is found | ||||||
14 | not delinquent of that offense; or if a minor is placed under | ||||||
15 | supervision under Section 5-615, and the order of supervision | ||||||
16 | is successfully terminated; or if a minor is adjudicated for an | ||||||
17 | offense that would be a Class B misdemeanor, a Class C | ||||||
18 | misdemeanor, or a business or petty offense if committed by an | ||||||
19 | adult; or if a minor has incidents occurring before his or her | ||||||
20 | 21st birthday for a misdemeanor offense or 18th birthday for a | ||||||
21 | felony offense that have not resulted in proceedings in | ||||||
22 | criminal court, or resulted in proceedings in juvenile court, | ||||||
23 | and the adjudications were not based upon first degree murder | ||||||
24 | or sex offenses that would be felonies if committed by an | ||||||
25 | adult; then at the time of sentencing or dismissal of the case, | ||||||
26 | the judge shall inform the delinquent minor of his or her right |
| |||||||
| |||||||
1 | to petition for expungement as provided by law, and the clerk | ||||||
2 | of the circuit court shall provide an expungement information | ||||||
3 | packet to the delinquent minor, written in plain language, | ||||||
4 | including a petition for expungement, a sample of a completed | ||||||
5 | petition, expungement instructions that shall include | ||||||
6 | information informing the minor that (i) once the case is | ||||||
7 | expunged, it shall be treated as if it never occurred, (ii) he | ||||||
8 | or she may apply to have petition fees waived, (iii) once he or | ||||||
9 | she obtains an expungement, he or she may not be required to | ||||||
10 | disclose that he or she had a juvenile record, and (iv) he or | ||||||
11 | she may file the petition on his or her own or with the | ||||||
12 | assistance of an attorney. The failure of the judge to inform | ||||||
13 | the delinquent minor of his or her right to petition for | ||||||
14 | expungement as provided by law does not create a substantive | ||||||
15 | right, nor is that failure grounds for: (i) a reversal of an | ||||||
16 | adjudication of delinquency, (ii) a new trial; or (iii) an | ||||||
17 | appeal. | ||||||
18 | (2.7) For counties with a population over 3,000,000, the | ||||||
19 | clerk of the circuit court shall send a "Notification of a | ||||||
20 | Possible Right to Expungement" post card to the minor at the | ||||||
21 | address last received by the clerk of the circuit court on the | ||||||
22 | date that the minor attains the age of 21 for a misdemeanor | ||||||
23 | offense or 18 for a felony offense based on the birthdate | ||||||
24 | provided to the court by the minor or his or her guardian in | ||||||
25 | cases under paragraphs (b), (c), and (d) of subsection (1); and | ||||||
26 | when the minor attains the age of 21 based on the birthdate |
| |||||||
| |||||||
1 | provided to the court by the minor or his or her guardian in | ||||||
2 | cases under subsection (2). | ||||||
3 | (2.8) The petition for expungement for subsection (1) may | ||||||
4 | include multiple offenses on the same petition and shall be | ||||||
5 | substantially in the following form: | ||||||
6 | IN THE CIRCUIT COURT OF ......, ILLINOIS
| ||||||
7 | ........ JUDICIAL CIRCUIT
| ||||||
8 | IN THE INTEREST OF ) NO.
| ||||||
9 | )
| ||||||
10 | )
| ||||||
11 | ...................)
| ||||||
12 | (Name of Petitioner)
| ||||||
13 | PETITION TO EXPUNGE JUVENILE RECORDS | ||||||
14 | (705 ILCS 405/5-915 (SUBSECTION 1)) | ||||||
15 | Now comes ............., petitioner, and respectfully requests
| ||||||
16 | that this Honorable Court enter an order expunging all juvenile | ||||||
17 | law enforcement and court records of petitioner and in support | ||||||
18 | thereof states that:
Petitioner has attained the age of ...., | ||||||
19 | his/her birth date being ......, or all
Juvenile Court | ||||||
20 | proceedings terminated as of ......, whichever occurred later.
| ||||||
21 | Petitioner was arrested on ..... by the ....... Police | ||||||
22 | Department for the offense or offenses of ......., and:
| ||||||
23 | (Check All That Apply:)
| ||||||
24 | ( ) a. no petition or petitions were filed with the Clerk of |
| |||||||
| |||||||
1 | the Circuit Court. | ||||||
2 | ( ) b. was charged with ...... and was found not delinquent
of | ||||||
3 | the offense or offenses. | ||||||
4 | ( ) c. a petition or petitions were filed and the petition or | ||||||
5 | petitions were dismissed without a finding of delinquency on | ||||||
6 | ..... | ||||||
7 | ( ) d. on ....... placed under supervision pursuant to Section | ||||||
8 | 5-615 of the Juvenile Court Act of 1987 and such order of | ||||||
9 | supervision successfully terminated on ........ | ||||||
10 | ( ) e. was adjudicated for the offense or offenses, which would | ||||||
11 | have been a Class B misdemeanor, a Class C misdemeanor, or a | ||||||
12 | petty offense or business offense if committed by an adult.
| ||||||
13 | Petitioner .... has .... has not been arrested on charges in | ||||||
14 | this or any county other than the charges listed above. If | ||||||
15 | petitioner has been arrested on additional charges, please list | ||||||
16 | the charges below:
| ||||||
17 | Charge(s): ...... | ||||||
18 | Arresting Agency or Agencies: ........... | ||||||
19 | Disposition/Result: (choose from a. through e., above): .....
| ||||||
20 | WHEREFORE, the petitioner respectfully requests this Honorable | ||||||
21 | Court to (1) order all law enforcement agencies to expunge all | ||||||
22 | records of petitioner to this incident or incidents, and (2) to | ||||||
23 | order the Clerk of the Court to expunge all records concerning | ||||||
24 | the petitioner regarding this incident or incidents.
| ||||||
25 | ......................
|
| |||||||
| |||||||
1 | Petitioner (Signature)
| ||||||
2 | ..........................
| ||||||
3 | Petitioner's Street Address | ||||||
4 | .....................
| ||||||
5 | City, State, Zip Code | ||||||
6 | ............................. | ||||||
7 | Petitioner's Telephone Number | ||||||
8 | Pursuant to the penalties of perjury under the Code of Civil | ||||||
9 | Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||||||
10 | statements in this petition are true and correct, or on | ||||||
11 | information and belief I believe the same to be true.
| ||||||
12 | ...................... | ||||||
13 | Petitioner (Signature)
| ||||||
14 | The Petition for Expungement for subsection (2) shall be | ||||||
15 | substantially in the following form:
| ||||||
16 | IN THE CIRCUIT COURT OF ........, ILLINOIS | ||||||
17 | ........ JUDICIAL CIRCUIT | ||||||
18 | IN THE INTEREST OF ) NO.
| ||||||
19 | )
|
| |||||||
| |||||||
1 | )
| ||||||
2 | ...................)
| ||||||
3 | (Name of Petitioner)
| ||||||
4 | PETITION TO EXPUNGE JUVENILE RECORDS
| ||||||
5 | (705 ILCS 405/5-915 (SUBSECTION 2))
| ||||||
6 | (Please prepare a separate petition for each offense)
| ||||||
7 | Now comes ............, petitioner, and respectfully requests | ||||||
8 | that this Honorable Court enter an order expunging all Juvenile | ||||||
9 | Law Enforcement and Court records of petitioner and in support | ||||||
10 | thereof states that: | ||||||
11 | The incident for which the Petitioner seeks expungement | ||||||
12 | occurred before the Petitioner's 21st birthday for a | ||||||
13 | misdemeanor offense or 18th birthday for a felony offense and | ||||||
14 | did not result in proceedings in criminal court and the | ||||||
15 | Petitioner has not had any convictions for any crime since his | ||||||
16 | or her 21st birthday for a misdemeanor offense or his/her 18th | ||||||
17 | birthday for a felony offense ; and
| ||||||
18 | The incident for which the Petitioner seeks expungement | ||||||
19 | occurred before the Petitioner's 21st birthday for a | ||||||
20 | misdemeanor offense or 18th birthday for a felony offense and | ||||||
21 | the adjudication was not based upon first degree first-degree | ||||||
22 | murder or sex offenses which would be felonies if committed by | ||||||
23 | an adult, and the Petitioner has not had any convictions for | ||||||
24 | any crime since his or her 21st birthday for a misdemeanor | ||||||
25 | offense or his/her 18th birthday for a felony offense . |
| |||||||
| |||||||
1 | Petitioner was arrested on ...... by the ....... Police | ||||||
2 | Department for the offense of ........, and: | ||||||
3 | (Check whichever one occurred the latest:) | ||||||
4 | ( ) a. The Petitioner has attained the age of 21 years, his/her | ||||||
5 | birthday being .......; or | ||||||
6 | ( ) b. 5 years have elapsed since all juvenile court | ||||||
7 | proceedings relating to the Petitioner have been terminated; or | ||||||
8 | the Petitioner's commitment to the Department of Juvenile | ||||||
9 | Justice
pursuant to the expungement of juvenile law enforcement | ||||||
10 | and court records provisions of the Juvenile Court Act of 1987 | ||||||
11 | has been terminated.
Petitioner ...has ...has not been arrested | ||||||
12 | on charges in this or any other county other than the charge | ||||||
13 | listed above. If petitioner has been arrested on additional | ||||||
14 | charges, please list the charges below: | ||||||
15 | Charge(s): .......... | ||||||
16 | Arresting Agency or Agencies: ....... | ||||||
17 | Disposition/Result: (choose from a or b, above): .......... | ||||||
18 | WHEREFORE, the petitioner respectfully requests this Honorable | ||||||
19 | Court to (1) order all law enforcement agencies to expunge all | ||||||
20 | records of petitioner related to this incident, and (2) to | ||||||
21 | order the Clerk of the Court to expunge all records concerning | ||||||
22 | the petitioner regarding this incident.
| ||||||
23 | .......................
| ||||||
24 | Petitioner (Signature) |
| |||||||
| |||||||
1 | ...................... | ||||||
2 | Petitioner's Street Address
| ||||||
3 | ..................... | ||||||
4 | City, State, Zip Code | ||||||
5 | ............................. | ||||||
6 | Petitioner's Telephone Number
| ||||||
7 | Pursuant to the penalties of perjury under the Code of Civil | ||||||
8 | Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||||||
9 | statements in this petition are true and correct, or on | ||||||
10 | information and belief I believe the same to be true. | ||||||
11 | ...................... | ||||||
12 | Petitioner (Signature)
| ||||||
13 | (3) The chief judge of the circuit in which an arrest was | ||||||
14 | made or a charge
was brought or any
judge of that circuit | ||||||
15 | designated by the chief judge
may, upon verified petition
of a | ||||||
16 | person who is the subject of an arrest or a juvenile court | ||||||
17 | proceeding
under subsection (1) or (2) of this Section, order | ||||||
18 | the law enforcement
records or official court file, or both, to | ||||||
19 | be expunged from the official
records of the arresting | ||||||
20 | authority, the clerk of the circuit court and the
Department of | ||||||
21 | State Police. The person whose records are to be expunged shall | ||||||
22 | petition the court using the appropriate form containing his or | ||||||
23 | her current address and shall promptly notify the clerk of the | ||||||
24 | circuit court of any change of address. Notice
of the petition |
| |||||||
| |||||||
1 | shall be served upon the State's Attorney or prosecutor charged | ||||||
2 | with the duty of prosecuting the offense, the Department of | ||||||
3 | State Police, and the arresting agency or agencies by the clerk | ||||||
4 | of the circuit court. If an objection is filed within 45
days | ||||||
5 | of the notice of the petition, the clerk of the circuit court | ||||||
6 | shall set a date for hearing after the 45-day 45
day objection | ||||||
7 | period. At the hearing the court shall hear evidence on whether | ||||||
8 | the expungement should or should not be granted. Unless the | ||||||
9 | State's Attorney or prosecutor, the Department of State Police, | ||||||
10 | or an arresting agency objects to the expungement within 45
| ||||||
11 | days of the notice, the court may enter an order granting | ||||||
12 | expungement. The clerk shall forward a certified copy of the | ||||||
13 | order to the Department of State Police and deliver a certified | ||||||
14 | copy of the order to the arresting agency.
| ||||||
15 | (3.1) The Notice of Expungement shall be in substantially | ||||||
16 | the following form: | ||||||
17 | IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||||||
18 | .... JUDICIAL CIRCUIT
| ||||||
19 | IN THE INTEREST OF ) NO.
| ||||||
20 | )
| ||||||
21 | )
| ||||||
22 | ...................)
| ||||||
23 | (Name of Petitioner)
| ||||||
24 | NOTICE
|
| |||||||
| |||||||
1 | TO: State's Attorney
| ||||||
2 | TO: Arresting Agency
| ||||||
3 |
| ||||||
4 | ................
| ||||||
5 | ................
| ||||||
6 |
| ||||||
7 | ................
| ||||||
8 | ................
| ||||||
9 | TO: Illinois State Police
| ||||||
10 |
| ||||||
11 | .....................
| ||||||
12 |
| ||||||
13 | .....................
| ||||||
14 | ATTENTION: Expungement
| ||||||
15 | You are hereby notified that on ....., at ....., in courtroom | ||||||
16 | ..., located at ..., before the Honorable ..., Judge, or any | ||||||
17 | judge sitting in his/her stead, I shall then and there present | ||||||
18 | a Petition to Expunge Juvenile records in the above-entitled | ||||||
19 | matter, at which time and place you may appear. | ||||||
20 | ...................... | ||||||
21 | Petitioner's Signature | ||||||
22 | ...........................
| ||||||
23 | Petitioner's Street Address | ||||||
24 | .....................
| ||||||
25 | City, State, Zip Code | ||||||
26 | ............................. |
| |||||||
| |||||||
1 | Petitioner's Telephone Number | ||||||
2 | PROOF OF SERVICE
| ||||||
3 | On the ....... day of ......, 20..., I on oath state that I | ||||||
4 | served this notice and true and correct copies of the | ||||||
5 | above-checked documents by: | ||||||
6 | (Check One:) | ||||||
7 | delivering copies personally to each entity to whom they are | ||||||
8 | directed; | ||||||
9 | or | ||||||
10 | by mailing copies to each entity to whom they are directed by | ||||||
11 | depositing the same in the U.S. Mail, proper postage fully | ||||||
12 | prepaid, before the hour of 5:00 p.m., at the United States | ||||||
13 | Postal Depository located at ................. | ||||||
14 | .........................................
| ||||||
15 |
| ||||||
16 | Signature | ||||||
17 | Clerk of the Circuit Court or Deputy Clerk | ||||||
18 | Printed Name of Delinquent Minor/Petitioner: .... | ||||||
19 | Address: ........................................ | ||||||
20 | Telephone Number: ............................... | ||||||
21 | (3.2) The Order of Expungement shall be in substantially | ||||||
22 | the following form: | ||||||
23 | IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||||||
24 | .... JUDICIAL CIRCUIT
| ||||||
25 | IN THE INTEREST OF ) NO.
|
| |||||||
| |||||||
1 | )
| ||||||
2 | )
| ||||||
3 | ...................)
| ||||||
4 | (Name of Petitioner)
| ||||||
5 | DOB ................ | ||||||
6 | Arresting Agency/Agencies ...... | ||||||
7 | ORDER OF EXPUNGEMENT
| ||||||
8 | (705 ILCS 405/5-915 (SUBSECTION 3))
| ||||||
9 | This matter having been heard on the petitioner's motion and | ||||||
10 | the court being fully advised in the premises does find that | ||||||
11 | the petitioner is indigent or has presented reasonable cause to | ||||||
12 | waive all costs in this matter, IT IS HEREBY ORDERED that: | ||||||
13 | ( ) 1. Clerk of Court and Department of State Police costs | ||||||
14 | are hereby waived in this matter. | ||||||
15 | ( ) 2. The Illinois State Police Bureau of Identification | ||||||
16 | and the following law enforcement agencies expunge all records | ||||||
17 | of petitioner relating to an arrest dated ...... for the | ||||||
18 | offense of ...... | ||||||
19 | Law Enforcement Agencies:
| ||||||
20 | .........................
| ||||||
21 | .........................
| ||||||
22 | ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit | ||||||
23 | Court expunge all records regarding the above-captioned case. | ||||||
24 | ENTER: ......................
| ||||||
25 |
|
| |||||||
| |||||||
1 | JUDGE | ||||||
2 | DATED: ....... | ||||||
3 | Name:
| ||||||
4 | Attorney for:
| ||||||
5 | Address:
City/State/Zip:
| ||||||
6 | Attorney Number: | ||||||
7 | (3.3) The Notice of Objection shall be in substantially the | ||||||
8 | following form: | ||||||
9 | IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||||||
10 | ....................... JUDICIAL CIRCUIT
| ||||||
11 | IN THE INTEREST OF ) NO.
| ||||||
12 | )
| ||||||
13 | )
| ||||||
14 | ...................)
| ||||||
15 | (Name of Petitioner)
| ||||||
16 | NOTICE OF OBJECTION
| ||||||
17 | TO:(Attorney, Public Defender, Minor)
| ||||||
18 | .................................
| ||||||
19 | .................................
| ||||||
20 | TO:(Illinois State Police)
| ||||||
21 | .................................
| ||||||
22 | ................................. | ||||||
23 | TO:(Clerk of the Court)
| ||||||
24 | .................................
|
| |||||||
| |||||||
1 | .................................
| ||||||
2 | TO:(Judge)
| ||||||
3 | .................................
| ||||||
4 | .................................
| ||||||
5 | TO:(Arresting Agency/Agencies)
| ||||||
6 | .................................
| ||||||
7 | ................................. | ||||||
8 | ATTENTION:
You are hereby notified that an objection has been | ||||||
9 | filed by the following entity regarding the above-named minor's | ||||||
10 | petition for expungement of juvenile records: | ||||||
11 | ( ) State's Attorney's Office;
| ||||||
12 | ( ) Prosecutor (other than State's Attorney's Office) charged | ||||||
13 | with the duty of prosecuting the offense sought to be expunged;
| ||||||
14 | ( ) Department of Illinois State Police; or
| ||||||
15 | ( ) Arresting Agency or Agencies.
| ||||||
16 | The agency checked above respectfully requests that this case | ||||||
17 | be continued and set for hearing on whether the expungement | ||||||
18 | should or should not be granted.
| ||||||
19 | DATED: ....... | ||||||
20 | Name: | ||||||
21 | Attorney For:
| ||||||
22 | Address: | ||||||
23 | City/State/Zip:
| ||||||
24 | Telephone:
| ||||||
25 | Attorney No.:
| ||||||
26 | FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
|
| |||||||
| |||||||
1 | This matter has been set for hearing on the foregoing | ||||||
2 | objection, on ...... in room ...., located at ....., before the | ||||||
3 | Honorable ....., Judge, or any judge sitting in his/her stead.
| ||||||
4 | (Only one hearing shall be set, regardless of the number of | ||||||
5 | Notices of Objection received on the same case).
| ||||||
6 | A copy of this completed Notice of Objection containing the | ||||||
7 | court date, time, and location, has been sent via regular U.S. | ||||||
8 | Mail to the following entities. (If more than one Notice of | ||||||
9 | Objection is received on the same case, each one must be | ||||||
10 | completed with the court date, time and location and mailed to | ||||||
11 | the following entities):
| ||||||
12 | ( ) Attorney, Public Defender or Minor;
| ||||||
13 | ( ) State's Attorney's Office; | ||||||
14 | ( ) Prosecutor (other than State's Attorney's Office) charged | ||||||
15 | with the duty of prosecuting the offense sought to be expunged; | ||||||
16 | ( ) Department of Illinois State Police; and | ||||||
17 | ( ) Arresting agency or agencies.
| ||||||
18 | Date: ...... | ||||||
19 | Initials of Clerk completing this section: .....
| ||||||
20 | (4) Upon entry of an order expunging records or files, the | ||||||
21 | offense, which
the records or files concern shall be treated as | ||||||
22 | if it never occurred. Law
enforcement officers and other public | ||||||
23 | offices and agencies shall properly reply
on inquiry that no | ||||||
24 | record or file exists with respect to the
person.
| ||||||
25 | (5) Records which have not been expunged are sealed, and | ||||||
26 | may be obtained
only under the provisions of Sections 5-901, |
| |||||||
| |||||||
1 | 5-905 , and 5-915.
| ||||||
2 | (6) Nothing in this Section shall be construed to prohibit | ||||||
3 | the maintenance
of information relating to an offense after | ||||||
4 | records or files concerning the
offense have been expunged if | ||||||
5 | the information is kept in a manner that does not
enable | ||||||
6 | identification of the offender. This information may only be | ||||||
7 | used for
statistical and bona fide research purposes. | ||||||
8 | (6.5) The Department of State Police or any employee of the | ||||||
9 | Department shall be immune from civil or criminal liability for | ||||||
10 | failure to expunge any records of arrest that are subject to | ||||||
11 | expungement under subsection (1.5) or (1.6) of this Section | ||||||
12 | because of inability to verify a record. Nothing in subsection | ||||||
13 | (1.5) or (1.6) of this Section shall create Department of State | ||||||
14 | Police liability or responsibility for the expungement of law | ||||||
15 | enforcement records it does not possess. | ||||||
16 | (7)(a) The State Appellate Defender shall establish, | ||||||
17 | maintain, and carry out, by December 31, 2004, a juvenile | ||||||
18 | expungement program
to provide information and assistance to | ||||||
19 | minors eligible to have their juvenile records expunged.
| ||||||
20 | (b) The State Appellate Defender shall develop brochures, | ||||||
21 | pamphlets, and
other
materials in
printed form and through the | ||||||
22 | agency's World Wide Web site. The pamphlets and
other materials | ||||||
23 | shall
include at a minimum the following information:
| ||||||
24 | (i) An explanation of the State's juvenile expungement | ||||||
25 | process; | ||||||
26 | (ii) The circumstances under which juvenile |
| |||||||
| |||||||
1 | expungement may occur; | ||||||
2 | (iii) The juvenile offenses that may be expunged; | ||||||
3 | (iv) The steps necessary to initiate and complete the | ||||||
4 | juvenile expungement process;
and | ||||||
5 | (v) Directions on how to contact the State Appellate | ||||||
6 | Defender. | ||||||
7 | (c) The State Appellate Defender shall establish and | ||||||
8 | maintain a statewide
toll-free telephone
number that a person | ||||||
9 | may use to receive information or assistance concerning
the | ||||||
10 | expungement of juvenile records. The State Appellate
Defender | ||||||
11 | shall advertise
the toll-free telephone number statewide. The | ||||||
12 | State Appellate Defender shall
develop an expungement
| ||||||
13 | information packet that may be sent to eligible persons seeking | ||||||
14 | expungement of
their juvenile records,
which may include, but | ||||||
15 | is not limited to, a pre-printed expungement petition
with | ||||||
16 | instructions on how
to complete the petition and a pamphlet | ||||||
17 | containing information that would
assist individuals through
| ||||||
18 | the juvenile expungement process. | ||||||
19 | (d) The State Appellate Defender shall compile a statewide | ||||||
20 | list of volunteer
attorneys willing
to assist eligible | ||||||
21 | individuals through the juvenile expungement process. | ||||||
22 | (e) This Section shall be implemented from funds | ||||||
23 | appropriated by the General
Assembly to the State
Appellate | ||||||
24 | Defender
for this purpose. The State Appellate Defender shall | ||||||
25 | employ the necessary staff
and adopt the
necessary rules for | ||||||
26 | implementation of this Section. |
| |||||||
| |||||||
1 | (8)(a) Except with respect to law enforcement agencies, the | ||||||
2 | Department of Corrections, State's Attorneys, or other | ||||||
3 | prosecutors, an expunged juvenile record may not be considered | ||||||
4 | by any private or public entity in employment matters, | ||||||
5 | certification, licensing, revocation of certification or | ||||||
6 | licensure, or registration. Applications for employment must | ||||||
7 | contain specific language that states that the applicant is not | ||||||
8 | obligated to disclose expunged juvenile records of conviction | ||||||
9 | or arrest. Employers may not ask if an applicant has had a | ||||||
10 | juvenile record expunged. Effective January 1, 2005, the | ||||||
11 | Department of Labor shall develop a link on the Department's | ||||||
12 | website to inform employers that employers may not ask if an | ||||||
13 | applicant had a juvenile record expunged and that application | ||||||
14 | for employment must contain specific language that states that | ||||||
15 | the applicant is not obligated to disclose expunged juvenile | ||||||
16 | records of arrest or conviction. | ||||||
17 | (b) A person whose juvenile records have been expunged is | ||||||
18 | not entitled to remission of any fines, costs, or other money | ||||||
19 | paid as a consequence of expungement. Public Act 93-912 This | ||||||
20 | amendatory Act of the 93rd General Assembly does not affect the | ||||||
21 | right of the victim of a crime to prosecute or defend a civil | ||||||
22 | action for damages.
| ||||||
23 | (c) The expungement of juvenile records under Section 5-622 | ||||||
24 | shall be funded by the additional fine imposed under Section | ||||||
25 | 5-9-1.17 of the Unified Code of Corrections and additional | ||||||
26 | appropriations made by the General Assembly for such purpose. |
| |||||||
| |||||||
1 | (9) The changes made to this Section by Public Act 98-61 | ||||||
2 | apply to law enforcement records of a minor who has been | ||||||
3 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
4 | effective date of Public Act 98-61). | ||||||
5 | (10) The changes made in subsection (1.5) of this Section | ||||||
6 | by Public Act 98-637 this amendatory Act of the 98th General | ||||||
7 | Assembly apply to law enforcement records of a minor who has | ||||||
8 | been arrested or taken into custody on or after January 1, | ||||||
9 | 2015. The changes made in subsection (1.6) of this Section by | ||||||
10 | Public Act 98-637 this amendatory Act of the 98th General | ||||||
11 | Assembly apply to law enforcement records of a minor who has | ||||||
12 | been arrested or taken into custody before January 1, 2015. | ||||||
13 | (Source: P.A. 98-61, eff. 1-1-14; 98-637, eff. 1-1-15; 98-756, | ||||||
14 | eff. 7-16-14; 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; revised | ||||||
15 | 9-2-16.)
| ||||||
16 | Section 10. The Unified Code of Corrections is amended by | ||||||
17 | changing
Sections 3-2-5 and 5-8-6 as follows:
| ||||||
18 | (730 ILCS 5/3-2-5) (from Ch. 38, par. 1003-2-5)
| ||||||
19 | Sec. 3-2-5. Organization of the Department of Corrections | ||||||
20 | and the Department of Juvenile Justice.
| ||||||
21 | (a) There shall be a Department of Corrections which shall
| ||||||
22 | be administered by a Director and an Assistant Director | ||||||
23 | appointed by the Governor under
the Civil Administrative Code | ||||||
24 | of Illinois. The Assistant Director shall be
under the |
| |||||||
| |||||||
1 | direction of the Director. The Department of Corrections shall | ||||||
2 | be
responsible for all persons committed or transferred to the | ||||||
3 | Department
under Sections 3-10-7 or 5-8-6 of this Code.
| ||||||
4 | (b)
There shall be a Department of Juvenile Justice which | ||||||
5 | shall be administered by a Director appointed by the Governor | ||||||
6 | under the Civil Administrative Code of Illinois. The Department | ||||||
7 | of Juvenile Justice shall be responsible for all persons under | ||||||
8 | 21 years of age for a misdemeanor offense or under 18 years of | ||||||
9 | age for a felony offense when sentenced to imprisonment and | ||||||
10 | committed to the Department under subsection (c) of Section | ||||||
11 | 5-8-6 of this Code, Section 5-10 of the Juvenile Court Act, or | ||||||
12 | Section 5-750 of the Juvenile Court Act of 1987. Persons under | ||||||
13 | 21 years of age for a misdemeanor offense or under 18 years of | ||||||
14 | age for a felony offense committed to the Department of | ||||||
15 | Juvenile Justice pursuant to this Code shall be sight and sound | ||||||
16 | separate from adult offenders committed to the Department of | ||||||
17 | Corrections.
| ||||||
18 | (c) The Department shall create a gang intelligence unit | ||||||
19 | under the
supervision of the Director. The unit shall be | ||||||
20 | specifically designed to gather
information regarding the | ||||||
21 | inmate gang population, monitor the activities of
gangs, and | ||||||
22 | prevent the furtherance of gang activities through the | ||||||
23 | development
and implementation of policies aimed at deterring | ||||||
24 | gang activity. The Director
shall appoint a Corrections | ||||||
25 | Intelligence Coordinator.
| ||||||
26 | All information collected and maintained by the unit shall |
| |||||||
| |||||||
1 | be highly
confidential, and access to that information shall be | ||||||
2 | restricted by the
Department. The information
shall be used to | ||||||
3 | control and limit the activities of gangs within correctional
| ||||||
4 | institutions under the jurisdiction of the Illinois
Department | ||||||
5 | of Corrections and may be shared with other law enforcement | ||||||
6 | agencies
in order to curb gang activities outside of | ||||||
7 | correctional institutions under the
jurisdiction of the | ||||||
8 | Department and to assist in
the investigations and prosecutions | ||||||
9 | of gang activity. The Department shall
establish and promulgate | ||||||
10 | rules governing the release of information to outside
law | ||||||
11 | enforcement agencies. Due to the highly sensitive nature of the
| ||||||
12 | information, the information is exempt from requests for | ||||||
13 | disclosure under the
Freedom
of Information Act as the | ||||||
14 | information contained is highly confidential and may
be harmful | ||||||
15 | if disclosed.
| ||||||
16 | (Source: P.A. 98-463, eff. 8-16-13; 99-628, eff. 1-1-17 .)
| ||||||
17 | (730 ILCS 5/5-8-6) (from Ch. 38, par. 1005-8-6)
| ||||||
18 | Sec. 5-8-6. Place of confinement. | ||||||
19 | (a) Offenders sentenced to a term
of imprisonment for a | ||||||
20 | felony shall be committed to the penitentiary
system of the | ||||||
21 | Department of Corrections.
However, such sentence shall
not | ||||||
22 | limit the powers of the Department of Children and Family | ||||||
23 | Services
in relation to any child under the age of one year in | ||||||
24 | the sole custody
of a person so sentenced, nor in relation to | ||||||
25 | any child delivered by a
female so sentenced while she is so |
| |||||||
| |||||||
1 | confined as a consequence of such
sentence. A person sentenced | ||||||
2 | for a felony may be assigned by the
Department of Corrections | ||||||
3 | to any of its institutions, facilities or
programs.
| ||||||
4 | (b) Offenders sentenced to a term of imprisonment for less | ||||||
5 | than one
year shall be committed to the custody of the sheriff. | ||||||
6 | A person committed to the
Department of Corrections, prior to | ||||||
7 | July 14, 1983, for less than one
year may be assigned by the
| ||||||
8 | Department to any of its institutions, facilities or programs.
| ||||||
9 | (c) All offenders under 21 18 years of age for a | ||||||
10 | misdemeanor offense or 18 years of age for a felony offense | ||||||
11 | when sentenced to imprisonment
shall be committed to the | ||||||
12 | Department of Juvenile Justice and the court in its order of | ||||||
13 | commitment shall set a
definite term. The provisions of Section | ||||||
14 | 3-3-3 shall be a part of such
commitment as fully as though | ||||||
15 | written in the order of commitment. The place of confinement | ||||||
16 | for sentences imposed before the effective date of this | ||||||
17 | amendatory Act of the 99th General Assembly are not affected or | ||||||
18 | abated by this amendatory Act of the 99th General Assembly.
| ||||||
19 | (d) No defendant shall be committed to the Department of | ||||||
20 | Corrections
for the recovery of a fine or costs.
| ||||||
21 | (e) When a court sentences a defendant to a term of | ||||||
22 | imprisonment
concurrent with a previous and unexpired sentence | ||||||
23 | of imprisonment
imposed by any district court of the United | ||||||
24 | States, it may commit the
offender to the custody of the | ||||||
25 | Attorney General of the United States.
The Attorney General of | ||||||
26 | the United States, or the authorized
representative of the |
| |||||||
| |||||||
1 | Attorney General of the United States, shall be
furnished with | ||||||
2 | the warrant of commitment from the court imposing
sentence, | ||||||
3 | which warrant of commitment shall provide that, when the
| ||||||
4 | offender is released from federal confinement, whether by | ||||||
5 | parole or by
termination of sentence, the offender shall be | ||||||
6 | transferred by the
Sheriff of the committing county to the | ||||||
7 | Department of
Corrections. The
court shall cause the Department | ||||||
8 | to be notified of such sentence at the
time of commitment and | ||||||
9 | to be provided with copies of all records
regarding the | ||||||
10 | sentence.
| ||||||
11 | (Source: P.A. 99-628, eff. 1-1-17 .)
|