HB4610eng 93RD GENERAL ASSEMBLY

HB4610 Engrossed LRB093 19450 RLC 45188 b

AN ACT in relation to minors.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

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, 5-410, 5-901, 5-905, and 5-915 as follows:
7		(705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
8		Sec. 1-7. Confidentiality of law enforcement records.
9		(A) Inspection and copying of law enforcement records
10		maintained by law enforcement agencies that relate to a minor
11		who has been arrested or taken into custody before his or her
12		18th 17th birthday shall be restricted to the following:
13		(1) Any local, State or federal law enforcement
14		officers of any jurisdiction or agency when necessary for
15		the discharge of their official duties during the
16		investigation or prosecution of a crime or relating to a
17		minor who has been adjudicated delinquent and there has
18		been a previous finding that the act which constitutes the
19		previous offense was committed in furtherance of criminal
20		activities by a criminal street gang. For purposes of this
21		Section, "criminal street gang" has the meaning ascribed to
22		it in Section 10 of the Illinois Streetgang Terrorism
23		Omnibus Prevention Act.
24		(2) Prosecutors, probation officers, social workers,
25		or other individuals assigned by the court to conduct a
26		pre-adjudication or pre-disposition investigation, and
27		individuals responsible for supervising or providing
28		temporary or permanent care and custody for minors pursuant
29		to the order of the juvenile court, when essential to
30		performing their responsibilities.
31		(3) Prosecutors and probation officers:
32		(a) in the course of a trial when institution of

1		criminal proceedings has been permitted or required
2		under Section 5-805; or
3		(b) when institution of criminal proceedings has
4		been permitted or required under Section 5-805 and such
5		minor is the subject of a proceeding to determine the
6		amount of bail; or
7		(c) when criminal proceedings have been permitted
8		or required under Section 5-805 and such minor is the
9		subject of a pre-trial investigation, pre-sentence
10		investigation, fitness hearing, or proceedings on an
11		application for probation.
12		(4) Adult and Juvenile Prisoner Review Board.
13		(5) Authorized military personnel.
14		(6) Persons engaged in bona fide research, with the
15		permission of the Presiding Judge of the Juvenile Court and
16		the chief executive of the respective law enforcement
17		agency; provided that publication of such research results
18		in no disclosure of a minor's identity and protects the
19		confidentiality of the minor's record.
20		(7) Department of Children and Family Services child
21		protection investigators acting in their official
22		capacity.
23		(8) The appropriate school official. Inspection and
24		copying shall be limited to law enforcement records
25		transmitted to the appropriate school official by a local
26		law enforcement agency under a reciprocal reporting system
27		established and maintained between the school district and
28		the local law enforcement agency under Section 10-20.14 of
29		the School Code concerning a minor enrolled in a school
30		within the school district who has been arrested or taken
31		into custody for any of the following offenses:
32		(i) unlawful use of weapons under Section 24-1 of
33		the Criminal Code of 1961;
34		(ii) a violation of the Illinois Controlled
35		Substances Act;
36		(iii) a violation of the Cannabis Control Act; or

1		(iv) a forcible felony as defined in Section 2-8 of
2		the Criminal Code of 1961.
3		(9) Mental health professionals on behalf of the
4		Illinois Department of Corrections or the Department of
5		Human Services or prosecutors who are evaluating,
6		prosecuting, or investigating a potential or actual
7		petition brought under the Sexually Violent Persons
8		Commitment Act relating to a person who is the subject of
9		juvenile law enforcement records or the respondent to a
10		petition brought under the Sexually Violent Persons
11		Commitment Act who is the subject of the juvenile law
12		enforcement records sought. Any records and any
13		information obtained from those records under this
14		paragraph (9) may be used only in sexually violent persons
15		commitment proceedings.
16		(B) (1) Except as provided in paragraph (2), no law
17		enforcement officer or other person or agency may knowingly
18		transmit to the Department of Corrections, Adult Division
19		or the Department of State Police or to the Federal Bureau
20		of Investigation any fingerprint or photograph relating to
21		a minor who has been arrested or taken into custody before
22		his or her 18th 17th birthday, unless the court in
23		proceedings under this Act authorizes the transmission or
24		enters an order under Section 5-805 permitting or requiring
25		the institution of criminal proceedings.
26		(2) Law enforcement officers or other persons or
27		agencies shall transmit to the Department of State Police
28		copies of fingerprints and descriptions of all minors who
29		have been arrested or taken into custody before their 18th
30		17th birthday for the offense of unlawful use of weapons
31		under Article 24 of the Criminal Code of 1961, a Class X or
32		Class 1 felony, a forcible felony as defined in Section 2-8
33		of the Criminal Code of 1961, or a Class 2 or greater
34		felony under the Cannabis Control Act, the Illinois
35		Controlled Substances Act, or Chapter 4 of the Illinois
36		Vehicle Code, pursuant to Section 5 of the Criminal

1		Identification Act. Information reported to the Department
2		pursuant to this Section may be maintained with records
3		that the Department files pursuant to Section 2.1 of the
4		Criminal Identification Act. Nothing in this Act prohibits
5		a law enforcement agency from fingerprinting a minor taken
6		into custody or arrested before his or her 18th 17th
7		birthday for an offense other than those listed in this
8		paragraph (2).
9		(C) The records of law enforcement officers concerning all
10		minors under 18 17 years of age must be maintained separate
11		from the records of arrests and may not be open to public
12		inspection or their contents disclosed to the public except by
13		order of the court or when the institution of criminal
14		proceedings has been permitted or required under Section 5-805
15		or such a person has been convicted of a crime and is the
16		subject of pre-sentence investigation or proceedings on an
17		application for probation or when provided by law.
18		(D) Nothing contained in subsection (C) of this Section
19		shall prohibit the inspection or disclosure to victims and
20		witnesses of photographs contained in the records of law
21		enforcement agencies when the inspection and disclosure is
22		conducted in the presence of a law enforcement officer for the
23		purpose of the identification or apprehension of any person
24		subject to the provisions of this Act or for the investigation
25		or prosecution of any crime.
26		(E) Law enforcement officers may not disclose the identity
27		of any minor in releasing information to the general public as
28		to the arrest, investigation or disposition of any case
29		involving a minor.
30		(F) Nothing contained in this Section shall prohibit law
31		enforcement agencies from communicating with each other by
32		letter, memorandum, teletype or intelligence alert bulletin or
33		other means the identity or other relevant information
34		pertaining to a person under 18 17 years of age if there are
35		reasonable grounds to believe that the person poses a real and
36		present danger to the safety of the public or law enforcement

1		officers. The information provided under this subsection (F)
2		shall remain confidential and shall not be publicly disclosed,
3		except as otherwise allowed by law.
4		(G) Nothing in this Section shall prohibit the right of a
5		Civil Service Commission or appointing authority of any state,
6		county or municipality examining the character and fitness of
7		an applicant for employment with a law enforcement agency,
8		correctional institution, or fire department from obtaining
9		and examining the records of any law enforcement agency
10		relating to any record of the applicant having been arrested or
11		taken into custody before the applicant's 18th 17th birthday.
12		(Source: P.A. 91-357, eff. 7-29-99; 91-368, eff. 1-1-00;
13		92-415, eff. 8-17-01.)
14		(705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
15		Sec. 1-8. Confidentiality and accessibility of juvenile
16		court records.
17		(A) Inspection and copying of juvenile court records
18		relating to a minor who is the subject of a proceeding under
19		this Act shall be restricted to the following:
20		(1) The minor who is the subject of record, his
21		parents, guardian and counsel.
22		(2) Law enforcement officers and law enforcement
23		agencies when such information is essential to executing an
24		arrest or search warrant or other compulsory process, or to
25		conducting an ongoing investigation or relating to a minor
26		who has been adjudicated delinquent and there has been a
27		previous finding that the act which constitutes the
28		previous offense was committed in furtherance of criminal
29		activities by a criminal street gang.
30		Before July 1, 1994, for the purposes of this Section,
31		"criminal street gang" means any ongoing organization,
32		association, or group of 3 or more persons, whether formal
33		or informal, having as one of its primary activities the
34		commission of one or more criminal acts and that has a
35		common name or common identifying sign, symbol or specific

1		color apparel displayed, and whose members individually or
2		collectively engage in or have engaged in a pattern of
3		criminal activity.
4		Beginning July 1, 1994, for purposes of this Section,
5		"criminal street gang" has the meaning ascribed to it in
6		Section 10 of the Illinois Streetgang Terrorism Omnibus
7		Prevention Act.
8		(3) Judges, hearing officers, prosecutors, probation
9		officers, social workers or other individuals assigned by
10		the court to conduct a pre-adjudication or predisposition
11		investigation, and individuals responsible for supervising
12		or providing temporary or permanent care and custody for
13		minors pursuant to the order of the juvenile court when
14		essential to performing their responsibilities.
15		(4) Judges, prosecutors and probation officers:
16		(a) in the course of a trial when institution of
17		criminal proceedings has been permitted or required
18		under Section 5-805; or
19		(b) when criminal proceedings have been permitted
20		or required under Section 5-805 and a minor is the
21		subject of a proceeding to determine the amount of
22		bail; or
23		(c) when criminal proceedings have been permitted
24		or required under Section 5-805 and a minor is the
25		subject of a pre-trial investigation, pre-sentence
26		investigation or fitness hearing, or proceedings on an
27		application for probation; or
28		(d) when a minor becomes 18 17 years of age or
29		older, and is the subject of criminal proceedings,
30		including a hearing to determine the amount of bail, a
31		pre-trial investigation, a pre-sentence investigation,
32		a fitness hearing, or proceedings on an application for
33		probation.
34		(5) Adult and Juvenile Prisoner Review Boards.
35		(6) Authorized military personnel.
36		(7) Victims, their subrogees and legal

1		representatives; however, such persons shall have access
2		only to the name and address of the minor and information
3		pertaining to the disposition or alternative adjustment
4		plan of the juvenile court.
5		(8) 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 agency that prepared the
8		particular records; provided that publication of such
9		research results in no disclosure of a minor's identity and
10		protects the confidentiality of the record.
11		(9) The Secretary of State to whom the Clerk of the
12		Court shall report the disposition of all cases, as
13		required in Section 6-204 of the Illinois Vehicle Code.
14		However, information reported relative to these offenses
15		shall be privileged and available only to the Secretary of
16		State, courts, and police officers.
17		(10) The administrator of a bonafide substance abuse
18		student assistance program with the permission of the
19		presiding judge of the juvenile court.
20		(11) Mental health professionals on behalf of the
21		Illinois Department of Corrections or the Department of
22		Human Services or prosecutors who are evaluating,
23		prosecuting, or investigating a potential or actual
24		petition brought under the Sexually Persons Commitment Act
25		relating to a person who is the subject of juvenile court
26		records or the respondent to a petition brought under the
27		Sexually Violent Persons Commitment Act, who is the subject
28		of juvenile court records sought. Any records and any
29		information obtained from those records under this
30		paragraph (11) may be used only in sexually violent persons
31		commitment proceedings.
32		(B) A minor who is the victim in a juvenile proceeding
33		shall be provided the same confidentiality regarding
34		disclosure of identity as the minor who is the subject of
35		record.
36		(C) Except as otherwise provided in this subsection (C),

1		juvenile court records shall not be made available to the
2		general public but may be inspected by representatives of
3		agencies, associations and news media or other properly
4		interested persons by general or special order of the court.
5		The State's Attorney, the minor, his parents, guardian and
6		counsel shall at all times have the right to examine court
7		files and records.
8		(1) The court shall allow the general public to have
9		access to the name, address, and offense of a minor who is
10		adjudicated a delinquent minor under this Act under either
11		of the following circumstances:
12		(A) The adjudication of delinquency was based upon
13		the minor's commission of first degree murder, attempt
14		to commit first degree murder, aggravated criminal
15		sexual assault, or criminal sexual assault; or
16		(B) The court has made a finding that the minor was
17		at least 13 years of age at the time the act was
18		committed and the adjudication of delinquency was
19		based upon the minor's commission of: (i) an act in
20		furtherance of the commission of a felony as a member
21		of or on behalf of a criminal street gang, (ii) an act
22		involving the use of a firearm in the commission of a
23		felony, (iii) an act that would be a Class X felony
24		offense under or the minor's second or subsequent Class
25		2 or greater felony offense under the Cannabis Control
26		Act if committed by an adult, (iv) an act that would be
27		a second or subsequent offense under Section 402 of the
28		Illinois Controlled Substances Act if committed by an
29		adult, or (v) an act that would be an offense under
30		Section 401 of the Illinois Controlled Substances Act
31		if committed by an adult.
32		(2) The court shall allow the general public to have
33		access to the name, address, and offense of a minor who is
34		at least 13 years of age at the time the offense is
35		committed and who is convicted, in criminal proceedings
36		permitted or required under Section 5-805 5-4, under either

1		of the following circumstances:
2		(A) The minor has been convicted of first degree
3		murder, attempt to commit first degree murder,
4		aggravated criminal sexual assault, or criminal sexual
5		assault,
6		(B) The court has made a finding that the minor was
7		at least 13 years of age at the time the offense was
8		committed and the conviction was based upon the minor's
9		commission of: (i) an offense in furtherance of the
10		commission of a felony as a member of or on behalf of a
11		criminal street gang, (ii) an offense involving the use
12		of a firearm in the commission of a felony, (iii) a
13		Class X felony offense under or a second or subsequent
14		Class 2 or greater felony offense under the Cannabis
15		Control Act, (iv) a second or subsequent offense under
16		Section 402 of the Illinois Controlled Substances Act,
17		or (v) an offense under Section 401 of the Illinois
18		Controlled Substances Act.
19		(D) Pending or following any adjudication of delinquency
20		for any offense defined in Sections 12-13 through 12-16 of the
21		Criminal Code of 1961, the victim of any such offense shall
22		receive the rights set out in Sections 4 and 6 of the Bill of
23		Rights for Victims and Witnesses of Violent Crime Act; and the
24		juvenile who is the subject of the adjudication,
25		notwithstanding any other provision of this Act, shall be
26		treated as an adult for the purpose of affording such rights to
27		the victim.
28		(E) Nothing in this Section shall affect the right of a
29		Civil Service Commission or appointing authority of any state,
30		county or municipality examining the character and fitness of
31		an applicant for employment with a law enforcement agency,
32		correctional institution, or fire department to ascertain
33		whether that applicant was ever adjudicated to be a delinquent
34		minor and, if so, to examine the records of disposition or
35		evidence which were made in proceedings under this Act.
36		(F) Following any adjudication of delinquency for a crime

1		which would be a felony if committed by an adult, or following
2		any adjudication of delinquency for a violation of Section
3		24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961, the
4		State's Attorney shall ascertain whether the minor respondent
5		is enrolled in school and, if so, shall provide a copy of the
6		dispositional order to the principal or chief administrative
7		officer of the school. Access to such juvenile records shall be
8		limited to the principal or chief administrative officer of the
9		school and any guidance counselor designated by him.
10		(G) Nothing contained in this Act prevents the sharing or
11		disclosure of information or records relating or pertaining to
12		juveniles subject to the provisions of the Serious Habitual
13		Offender Comprehensive Action Program when that information is
14		used to assist in the early identification and treatment of
15		habitual juvenile offenders.
16		(H) When a Court hearing a proceeding under Article II of
17		this Act becomes aware that an earlier proceeding under Article
18		II had been heard in a different county, that Court shall
19		request, and the Court in which the earlier proceedings were
20		initiated shall transmit, an authenticated copy of the Court
21		record, including all documents, petitions, and orders filed
22		therein and the minute orders, transcript of proceedings, and
23		docket entries of the Court.
24		(I) The Clerk of the Circuit Court shall report to the
25		Department of State Police, in the form and manner required by
26		the Department of State Police, the final disposition of each
27		minor who has been arrested or taken into custody before his or
28		her 18th 17th birthday for those offenses required to be
29		reported under Section 5 of the Criminal Identification Act.
30		Information reported to the Department under this Section may
31		be maintained with records that the Department files under
32		Section 2.1 of the Criminal Identification Act.
33		(Source: P.A. 91-357, eff. 7-29-99; 91-368, eff. 1-1-00,
34		92-415, eff. 8-17-01.)
35		(705 ILCS 405/1-9) (from Ch. 37, par. 801-9)

1		Sec. 1-9. Expungement of law enforcement and juvenile court
2		records.
3		(1) Expungement of law enforcement and juvenile court
4		delinquency records shall be governed by Section 5-915.
5		(2) This subsection (2) applies to expungement of law
6		enforcement and juvenile court records other than delinquency
7		proceedings. Whenever any person has attained the age of 18 17
8		or whenever all juvenile court proceedings relating to that
9		person have been terminated, whichever is later, the person may
10		petition the court to expunge law enforcement records relating
11		to incidents occurring before his 18th 17th birthday or his
12		juvenile court records, or both, if the minor was placed under
13		supervision pursuant to Sections 2-20, 3-21, or 4-18, and such
14		order of supervision has since been successfully terminated.
15		(3) The chief judge of the circuit in which an arrest was
16		made or a charge was brought or any judge of that circuit
17		designated by the chief judge may, upon verified petition of a
18		person who is the subject of an arrest or a juvenile court
19		proceeding pursuant to subsection (2) of this Section, order
20		the law enforcement records or juvenile court records, or both,
21		to be expunged from the official records of the arresting
22		authority and the clerk of the circuit court. Notice of the
23		petition shall be served upon the State's Attorney and upon the
24		arresting authority which is the subject of the petition for
25		expungement.
26		(Source: P.A. 90-590, eff. 1-1-99.)
27		(705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
28		Sec. 2-10. Temporary custody hearing. At the appearance of
29		the minor before the court at the temporary custody hearing,
30		all witnesses present shall be examined before the court in
31		relation to any matter connected with the allegations made in
32		the petition.
33		(1) If the court finds that there is not probable cause to
34		believe that the minor is abused, neglected or dependent it
35		shall release the minor and dismiss the petition.

1		(2) If the court finds that there is probable cause to
2		believe that the minor is abused, neglected or dependent, the
3		court shall state in writing the factual basis supporting its
4		finding and the minor, his or her parent, guardian, custodian
5		and other persons able to give relevant testimony shall be
6		examined before the court. The Department of Children and
7		Family Services shall give testimony concerning indicated
8		reports of abuse and neglect, of which they are aware of
9		through the central registry, involving the minor's parent,
10		guardian or custodian. After such testimony, the court may,
11		consistent with the health, safety and best interests of the
12		minor, enter an order that the minor shall be released upon the
13		request of parent, guardian or custodian if the parent,
14		guardian or custodian appears to take custody. Custodian shall
15		include any agency of the State which has been given custody or
16		wardship of the child. If it is consistent with the health,
17		safety and best interests of the minor, the court may also
18		prescribe shelter care and order that the minor be kept in a
19		suitable place designated by the court or in a shelter care
20		facility designated by the Department of Children and Family
21		Services or a licensed child welfare agency; however, a minor
22		charged with a criminal offense under the Criminal Code of 1961
23		or adjudicated delinquent shall not be placed in the custody of
24		or committed to the Department of Children and Family Services
25		by any court, except a minor less than 13 years of age and
26		committed to the Department of Children and Family Services
27		under Section 5-710 of this Act or a minor for whom an
28		independent basis of abuse, neglect, or dependency exists,
29		which must be defined by departmental rule. In placing the
30		minor, the Department or other agency shall, to the extent
31		compatible with the court's order, comply with Section 7 of the
32		Children and Family Services Act. In determining the health,
33		safety and best interests of the minor to prescribe shelter
34		care, the court must find that it is a matter of immediate and
35		urgent necessity for the safety and protection of the minor or
36		of the person or property of another that the minor be placed

1		in a shelter care facility or that he or she is likely to flee
2		the jurisdiction of the court, and must further find that
3		reasonable efforts have been made or that, consistent with the
4		health, safety and best interests of the minor, no efforts
5		reasonably can be made to prevent or eliminate the necessity of
6		removal of the minor from his or her home. The court shall
7		require documentation from the Department of Children and
8		Family Services as to the reasonable efforts that were made to
9		prevent or eliminate the necessity of removal of the minor from
10		his or her home or the reasons why no efforts reasonably could
11		be made to prevent or eliminate the necessity of removal. When
12		a minor is placed in the home of a relative, the Department of
13		Children and Family Services shall complete a preliminary
14		background review of the members of the minor's custodian's
15		household in accordance with Section 4.3 of the Child Care Act
16		of 1969 within 90 days of that placement. If the minor is
17		ordered placed in a shelter care facility of the Department of
18		Children and Family Services or a licensed child welfare
19		agency, the court shall, upon request of the appropriate
20		Department or other agency, appoint the Department of Children
21		and Family Services Guardianship Administrator or other
22		appropriate agency executive temporary custodian of the minor
23		and the court may enter such other orders related to the
24		temporary custody as it deems fit and proper, including the
25		provision of services to the minor or his family to ameliorate
26		the causes contributing to the finding of probable cause or to
27		the finding of the existence of immediate and urgent necessity.
28		Acceptance of services shall not be considered an admission of
29		any allegation in a petition made pursuant to this Act, nor may
30		a referral of services be considered as evidence in any
31		proceeding pursuant to this Act, except where the issue is
32		whether the Department has made reasonable efforts to reunite
33		the family. In making its findings that it is consistent with
34		the health, safety and best interests of the minor to prescribe
35		shelter care, the court shall state in writing (i) the factual
36		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.
27		(3) If prior to the shelter care hearing for a minor
28		described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party is
29		unable to serve notice on the party respondent, the shelter
30		care hearing may proceed ex-parte. A shelter care order from an
31		ex-parte hearing shall be endorsed with the date and hour of
32		issuance and shall be filed with the clerk's office and entered
33		of record. The order shall expire after 10 days from the time
34		it is issued unless before its expiration it is renewed, at a
35		hearing upon appearance of the party respondent, or upon an
36		affidavit of the moving party as to all diligent efforts to

1		notify the party respondent by notice as herein prescribed. The
2		notice prescribed shall be in writing and shall be personally
3		delivered to the minor or the minor's attorney and to the last
4		known address of the other person or persons entitled to
5		notice. The notice shall also state the nature of the
6		allegations, the nature of the order sought by the State,
7		including whether temporary custody is sought, and the
8		consequences of failure to appear and shall contain a notice
9		that the parties will not be entitled to further written
10		notices or publication notices of proceedings in this case,
11		including the filing of an amended petition or a motion to
12		terminate parental rights, except as required by Supreme Court
13		Rule 11; and shall explain the right of the parties and the
14		procedures to vacate or modify a shelter care order as provided
15		in this Section. The notice for a shelter care hearing shall be
16		substantially as follows:
17		NOTICE TO PARENTS AND CHILDREN
18		OF SHELTER CARE HEARING
19		On ................ at ........., before the Honorable
20		................, (address:) ................., the State
21		of Illinois will present evidence (1) that (name of child
22		or children) ....................... are abused, neglected
23		or dependent for the following reasons:
24		.............................................. and (2)
25		that there is "immediate and urgent necessity" to remove
26		the child or children from the responsible relative.
27		YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
28		PLACEMENT of the child or children in foster care until a
29		trial can be held. A trial may not be held for up to 90
30		days. You will not be entitled to further notices of
31		proceedings in this case, including the filing of an
32		amended petition or a motion to terminate parental rights.
33		At the shelter care hearing, parents have the following
34		rights:
35		1. To ask the court to appoint a lawyer if they
36		cannot afford one.

1		2. To ask the court to continue the hearing to
2		allow them time to prepare.
3		3. To present evidence concerning:
4		a. Whether or not the child or children were
5		abused, neglected or dependent.
6		b. Whether or not there is "immediate and
7		urgent necessity" to remove the child from home
8		(including: their ability to care for the child,
9		conditions in the home, alternative means of
10		protecting the child other than removal).
11		c. The best interests of the child.
12		4. To cross examine the State's witnesses.
13		The Notice for rehearings shall be substantially as
14		follows:
15		NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
16		TO REHEARING ON TEMPORARY CUSTODY
17		If you were not present at and did not have adequate
18		notice of the Shelter Care Hearing at which temporary
19		custody of ............... was awarded to
20		................, you have the right to request a full
21		rehearing on whether the State should have temporary
22		custody of ................. To request this rehearing,
23		you must file with the Clerk of the Juvenile Court
24		(address): ........................, in person or by
25		mailing a statement (affidavit) setting forth the
26		following:
27		1. That you were not present at the shelter care
28		hearing.
29		2. That you did not get adequate notice (explaining
30		how the notice was inadequate).
31		3. Your signature.
32		4. Signature must be notarized.
33		The rehearing should be scheduled within 48 hours of
34		your filing this affidavit.
35		At the rehearing, your rights are the same as at the

1		initial shelter care hearing. The enclosed notice explains
2		those rights.
3		At the Shelter Care Hearing, children have the
4		following rights:
5		1. To have a guardian ad litem appointed.
6		2. To be declared competent as a witness and to
7		present testimony concerning:
8		a. Whether they are abused, neglected or
9		dependent.
10		b. Whether there is "immediate and urgent
11		necessity" to be removed from home.
12		c. Their best interests.
13		3. To cross examine witnesses for other parties.
14		4. To obtain an explanation of any proceedings and
15		orders of the court.
16		(4) If the parent, guardian, legal custodian, responsible
17		relative, minor age 8 or over, or counsel of the minor did not
18		have actual notice of or was not present at the shelter care
19		hearing, he or she may file an affidavit setting forth these
20		facts, and the clerk shall set the matter for rehearing not
21		later than 48 hours, excluding Sundays and legal holidays,
22		after the filing of the affidavit. At the rehearing, the court
23		shall proceed in the same manner as upon the original hearing.
24		(5) Only when there is reasonable cause to believe that the
25		minor taken into custody is a person described in subsection
26		(3) of Section 5-105 may the minor be kept or detained in a
27		detention home or county or municipal jail. This Section shall
28		in no way be construed to limit subsection (6).
29		(6) No minor under 16 years of age may be confined in a
30		jail or place ordinarily used for the confinement of prisoners
31		in a police station. Minors under 18 17 years of age must be
32		kept separate from confined adults and may not at any time be
33		kept in the same cell, room, or yard with adults confined
34		pursuant to the criminal law.
35		(7) If the minor is not brought before a judicial officer
36		within the time period as specified in Section 2-9, the minor

1		must immediately be released from custody.
2		(8) If neither the parent, guardian or custodian appears
3		within 24 hours to take custody of a minor released upon
4		request pursuant to subsection (2) of this Section, then the
5		clerk of the court shall set the matter for rehearing not later
6		than 7 days after the original order and shall issue a summons
7		directed to the parent, guardian or custodian to appear. At the
8		same time the probation department shall prepare a report on
9		the minor. If a parent, guardian or custodian does not appear
10		at such rehearing, the judge may enter an order prescribing
11		that the minor be kept in a suitable place designated by the
12		Department of Children and Family Services or a licensed child
13		welfare agency.
14		(9) Notwithstanding any other provision of this Section any
15		interested party, including the State, the temporary
16		custodian, an agency providing services to the minor or family
17		under a service plan pursuant to Section 8.2 of the Abused and
18		Neglected Child Reporting Act, foster parent, or any of their
19		representatives, on notice to all parties entitled to notice,
20		may file a motion that it is in the best interests of the minor
21		to modify or vacate a temporary custody order on any of the
22		following grounds:
23		(a) It is no longer a matter of immediate and urgent
24		necessity that the minor remain in shelter care; or
25		(b) There is a material change in the circumstances of
26		the natural family from which the minor was removed and the
27		child can be cared for at home without endangering the
28		child's health or safety; or
29		(c) A person not a party to the alleged abuse, neglect
30		or dependency, including a parent, relative or legal
31		guardian, is capable of assuming temporary custody of the
32		minor; or
33		(d) Services provided by the Department of Children and
34		Family Services or a child welfare agency or other service
35		provider have been successful in eliminating the need for
36		temporary custody and the child can be cared for at home

1		without endangering the child's health or safety.
2		In ruling on the motion, the court shall determine whether
3		it is consistent with the health, safety and best interests of
4		the minor to modify or vacate a temporary custody order.
5		The clerk shall set the matter for hearing not later than
6		14 days after such motion is filed. In the event that the court
7		modifies or vacates a temporary custody order but does not
8		vacate its finding of probable cause, the court may order that
9		appropriate services be continued or initiated in behalf of the
10		minor and his or her family.
11		(10) When the court finds or has found that there is
12		probable cause to believe a minor is an abused minor as
13		described in subsection (2) of Section 2-3 and that there is an
14		immediate and urgent necessity for the abused minor to be
15		placed in shelter care, immediate and urgent necessity shall be
16		presumed for any other minor residing in the same household as
17		the abused minor provided:
18		(a) Such other minor is the subject of an abuse or
19		neglect petition pending before the court; and
20		(b) A party to the petition is seeking shelter care for
21		such other minor.
22		Once the presumption of immediate and urgent necessity has
23		been raised, the burden of demonstrating the lack of immediate
24		and urgent necessity shall be on any party that is opposing
25		shelter care for the other minor.
26		(Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-582, eff. 1-1-97;
27		89-626, eff. 8-9-96; 90-28, eff. 1-1-98; 90-87, eff. 9-1-97;
28		90-590, eff. 1-1-99; 90-655, eff. 7-30-98.)
29		(705 ILCS 405/3-12) (from Ch. 37, par. 803-12)
30		Sec. 3-12. Shelter care hearing. At the appearance of the
31		minor before the court at the shelter care hearing, all
32		witnesses present shall be examined before the court in
33		relation to any matter connected with the allegations made in
34		the petition.
35		(1) If the court finds that there is not probable cause to

1		believe that the minor is a person requiring authoritative
2		intervention, it shall release the minor and dismiss the
3		petition.
4		(2) If the court finds that there is probable cause to
5		believe that the minor is a person requiring authoritative
6		intervention, the minor, his or her parent, guardian, custodian
7		and other persons able to give relevant testimony shall be
8		examined before the court. After such testimony, the court may
9		enter an order that the minor shall be released upon the
10		request of a parent, guardian or custodian if the parent,
11		guardian or custodian appears to take custody. Custodian shall
12		include any agency of the State which has been given custody or
13		wardship of the child. The Court shall require documentation by
14		representatives of the Department of Children and Family
15		Services or the probation department as to the reasonable
16		efforts that were made to prevent or eliminate the necessity of
17		removal of the minor from his or her home, and shall consider
18		the testimony of any person as to those reasonable efforts. If
19		the court finds that it is a matter of immediate and urgent
20		necessity for the protection of the minor or of the person or
21		property of another that the minor be placed in a shelter care
22		facility, or that he or she is likely to flee the jurisdiction
23		of the court, and further finds that reasonable efforts have
24		been made or good cause has been shown why reasonable efforts
25		cannot prevent or eliminate the necessity of removal of the
26		minor from his or her home, the court may prescribe shelter
27		care and order that the minor be kept in a suitable place
28		designated by the court or in a shelter care facility
29		designated by the Department of Children and Family Services or
30		a licensed child welfare agency; otherwise it shall release the
31		minor from custody. If the court prescribes shelter care, then
32		in placing the minor, the Department or other agency shall, to
33		the extent compatible with the court's order, comply with
34		Section 7 of the Children and Family Services Act. If the minor
35		is ordered placed in a shelter care facility of the Department
36		of Children and Family Services or a licensed child welfare

1		agency, the court shall, upon request of the Department or
2		other agency, appoint the Department of Children and Family
3		Services Guardianship Administrator or other appropriate
4		agency executive temporary custodian of the minor and the court
5		may enter such other orders related to the temporary custody as
6		it deems fit and proper, including the provision of services to
7		the minor or his family to ameliorate the causes contributing
8		to the finding of probable cause or to the finding of the
9		existence of immediate and urgent necessity. Acceptance of
10		services shall not be considered an admission of any allegation
11		in a petition made pursuant to this Act, nor may a referral of
12		services be considered as evidence in any proceeding pursuant
13		to this Act, except where the issue is whether the Department
14		has made reasonable efforts to reunite the family. In making
15		its findings that reasonable efforts have been made or that
16		good cause has been shown why reasonable efforts cannot prevent
17		or eliminate the necessity of removal of the minor from his or
18		her home, the court shall state in writing its findings
19		concerning the nature of the services that were offered or the
20		efforts that were made to prevent removal of the child and the
21		apparent reasons that such services or efforts could not
22		prevent the need for removal. The parents, guardian, custodian,
23		temporary custodian and minor shall each be furnished a copy of
24		such written findings. The temporary custodian shall maintain a
25		copy of the court order and written findings in the case record
26		for the child.
27		The order together with the court's findings of fact and
28		support thereof shall be entered of record in the court.
29		Once the court finds that it is a matter of immediate and
30		urgent necessity for the protection of the minor that the minor
31		be placed in a shelter care facility, the minor shall not be
32		returned to the parent, custodian or guardian until the court
33		finds that such placement is no longer necessary for the
34		protection of the minor.
35		(3) If prior to the shelter care hearing for a minor
36		described in Sections 2-3, 2-4, 3-3 and 4-3 the petitioner is

1		unable to serve notice on the party respondent, the shelter
2		care hearing may proceed ex-parte. A shelter care order from an
3		ex-parte hearing shall be endorsed with the date and hour of
4		issuance and shall be filed with the clerk's office and entered
5		of record. The order shall expire after 10 days from the time
6		it is issued unless before its expiration it is renewed, at a
7		hearing upon appearance of the party respondent, or upon an
8		affidavit of the moving party as to all diligent efforts to
9		notify the party respondent by notice as herein prescribed. The
10		notice prescribed shall be in writing and shall be personally
11		delivered to the minor or the minor's attorney and to the last
12		known address of the other person or persons entitled to
13		notice. The notice shall also state the nature of the
14		allegations, the nature of the order sought by the State,
15		including whether temporary custody is sought, and the
16		consequences of failure to appear; and shall explain the right
17		of the parties and the procedures to vacate or modify a shelter
18		care order as provided in this Section. The notice for a
19		shelter care hearing shall be substantially as follows:
20		NOTICE TO PARENTS AND CHILDREN OF SHELTER CARE HEARING
21		On ................ at ........., before the Honorable
22		................, (address:) ................., the State of
23		Illinois will present evidence (1) that (name of child or
24		children) ....................... are abused, neglected or
25		dependent for the following reasons:
26		.............................................................
27		and (2) that there is "immediate and urgent necessity" to
28		remove the child or children from the responsible relative.
29		YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
30		PLACEMENT of the child or children in foster care until a trial
31		can be held. A trial may not be held for up to 90 days.
32		At the shelter care hearing, parents have the following
33		rights:
34		1. To ask the court to appoint a lawyer if they cannot
35		afford one.
36		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
27		the notice was inadequate).
28		3. Your signature.
29		4. Signature must be notarized.
30		The rehearing should be scheduled within one day of your
31		filing this affidavit.
32		At the rehearing, your rights are the same as at the
33		initial shelter care hearing. The enclosed notice explains
34		those rights.
35		At the Shelter Care Hearing, children have the following
36		rights:

1		1. To have a guardian ad litem appointed.
2		2. To be declared competent as a witness and to present
3		testimony concerning:
4		a. Whether they are abused, neglected or
5		dependent.
6		b. Whether there is "immediate and urgent
7		necessity" to be removed from home.
8		c. Their best interests.
9		3. To cross examine witnesses for other parties.
10		4. To obtain an explanation of any proceedings and
11		orders of the court.
12		(4) If the parent, guardian, legal custodian, responsible
13		relative, or counsel of the minor did not have actual notice of
14		or was not present at the shelter care hearing, he or she may
15		file an affidavit setting forth these facts, and the clerk
16		shall set the matter for rehearing not later than 48 hours,
17		excluding Sundays and legal holidays, after the filing of the
18		affidavit. At the rehearing, the court shall proceed in the
19		same manner as upon the original hearing.
20		(5) Only when there is reasonable cause to believe that the
21		minor taken into custody is a person described in subsection
22		(3) of Section 5-105 may the minor be kept or detained in a
23		detention home or county or municipal jail. This Section shall
24		in no way be construed to limit subsection (6).
25		(6) No minor under 16 years of age may be confined in a
26		jail or place ordinarily used for the confinement of prisoners
27		in a police station. Minors under 18 17 years of age must be
28		kept separate from confined adults and may not at any time be
29		kept in the same cell, room, or yard with adults confined
30		pursuant to the criminal law.
31		(7) If the minor is not brought before a judicial officer
32		within the time period specified in Section 3-11, the minor
33		must immediately be released from custody.
34		(8) If neither the parent, guardian or custodian appears
35		within 24 hours to take custody of a minor released upon
36		request pursuant to subsection (2) of this Section, then the

1		clerk of the court shall set the matter for rehearing not later
2		than 7 days after the original order and shall issue a summons
3		directed to the parent, guardian or custodian to appear. At the
4		same time the probation department shall prepare a report on
5		the minor. If a parent, guardian or custodian does not appear
6		at such rehearing, the judge may enter an order prescribing
7		that the minor be kept in a suitable place designated by the
8		Department of Children and Family Services or a licensed child
9		welfare agency.
10		(9) Notwithstanding any other provision of this Section,
11		any interested party, including the State, the temporary
12		custodian, an agency providing services to the minor or family
13		under a service plan pursuant to Section 8.2 of the Abused and
14		Neglected Child Reporting Act, foster parent, or any of their
15		representatives, on notice to all parties entitled to notice,
16		may file a motion to modify or vacate a temporary custody order
17		on any of the following grounds:
18		(a) It is no longer a matter of immediate and urgent
19		necessity that the minor remain in shelter care; or
20		(b) There is a material change in the circumstances of
21		the natural family from which the minor was removed; or
22		(c) A person, including a parent, relative or legal
23		guardian, is capable of assuming temporary custody of the
24		minor; or
25		(d) Services provided by the Department of Children and
26		Family Services or a child welfare agency or other service
27		provider have been successful in eliminating the need for
28		temporary custody.
29		The clerk shall set the matter for hearing not later than
30		14 days after such motion is filed. In the event that the court
31		modifies or vacates a temporary custody order but does not
32		vacate its finding of probable cause, the court may order that
33		appropriate services be continued or initiated in behalf of the
34		minor and his or her family.
35		(Source: P.A. 90-590, eff. 1-1-99.)

1		(705 ILCS 405/4-9) (from Ch. 37, par. 804-9)
2		Sec. 4-9. Shelter care hearing. At the appearance of the
3		minor before the court at the shelter care hearing, all
4		witnesses present shall be examined before the court in
5		relation to any matter connected with the allegations made in
6		the petition.
7		(1) If the court finds that there is not probable cause to
8		believe that the minor is addicted, it shall release the minor
9		and dismiss the petition.
10		(2) If the court finds that there is probable cause to
11		believe that the minor is addicted, the minor, his or her
12		parent, guardian, custodian and other persons able to give
13		relevant testimony shall be examined before the court. After
14		such testimony, the court may enter an order that the minor
15		shall be released upon the request of a parent, guardian or
16		custodian if the parent, guardian or custodian appears to take
17		custody and agrees to abide by a court order which requires the
18		minor and his or her parent, guardian, or legal custodian to
19		complete an evaluation by an entity licensed by the Department
20		of Human Services, as the successor to the Department of
21		Alcoholism and Substance Abuse, and complete any treatment
22		recommendations indicated by the assessment. Custodian shall
23		include any agency of the State which has been given custody or
24		wardship of the child.
25		The Court shall require documentation by representatives
26		of the Department of Children and Family Services or the
27		probation department as to the reasonable efforts that were
28		made to prevent or eliminate the necessity of removal of the
29		minor from his or her home, and shall consider the testimony of
30		any person as to those reasonable efforts. If the court finds
31		that it is a matter of immediate and urgent necessity for the
32		protection of the minor or of the person or property of another
33		that the minor be or placed in a shelter care facility or that
34		he or she is likely to flee the jurisdiction of the court, and
35		further, finds that reasonable efforts have been made or good
36		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 may prescribe shelter care and order that the
3		minor be kept in a suitable place designated by the court or in
4		a shelter care facility designated by the Department of
5		Children and Family Services or a licensed child welfare
6		agency, or in a facility or program licensed by the Department
7		of Human Services for shelter and treatment services; otherwise
8		it shall release the minor from custody. If the court
9		prescribes shelter care, then in placing the minor, the
10		Department or other agency shall, to the extent compatible with
11		the court's order, comply with Section 7 of the Children and
12		Family Services Act. If the minor is ordered placed in a
13		shelter care facility of the Department of Children and Family
14		Services or a licensed child welfare agency, or in a facility
15		or program licensed by the Department of Human Services for
16		shelter and treatment services, the court shall, upon request
17		of the appropriate Department or other agency, appoint the
18		Department of Children and Family Services Guardianship
19		Administrator or other appropriate agency executive temporary
20		custodian of the minor and the court may enter such other
21		orders related to the temporary custody as it deems fit and
22		proper, including the provision of services to the minor or his
23		family to ameliorate the causes contributing to the finding of
24		probable cause or to the finding of the existence of immediate
25		and urgent necessity. Acceptance of services shall not be
26		considered an admission of any allegation in a petition made
27		pursuant to this Act, nor may a referral of services be
28		considered as evidence in any proceeding pursuant to this Act,
29		except where the issue is whether the Department has made
30		reasonable efforts to reunite the family. In making its
31		findings that reasonable efforts have been made or that good
32		cause has been shown why reasonable efforts cannot prevent or
33		eliminate the necessity of removal of the minor from his or her
34		home, the court shall state in writing its findings concerning
35		the nature of the services that were offered or the efforts
36		that were made to prevent removal of the child and the apparent

1		reasons that such services or efforts could not prevent the
2		need for removal. The parents, guardian, custodian, temporary
3		custodian and minor shall each be furnished a copy of such
4		written findings. The temporary custodian shall maintain a copy
5		of the court order and written findings in the case record for
6		the child. The order together with the court's findings of fact
7		in support thereof shall be entered of record in the court.
8		Once the court finds that it is a matter of immediate and
9		urgent necessity for the protection of the minor that the minor
10		be placed in a shelter care facility, the minor shall not be
11		returned to the parent, custodian or guardian until the court
12		finds that such placement is no longer necessary for the
13		protection of the minor.
14		(3) If neither the parent, guardian, legal custodian,
15		responsible relative nor counsel of the minor has had actual
16		notice of or is present at the shelter care hearing, he or she
17		may file his or her affidavit setting forth these facts, and
18		the clerk shall set the matter for rehearing not later than 24
19		hours, excluding Sundays and legal holidays, after the filing
20		of the affidavit. At the rehearing, the court shall proceed in
21		the same manner as upon the original hearing.
22		(4) If the minor is not brought before a judicial officer
23		within the time period as specified in Section 4-8, the minor
24		must immediately be released from custody.
25		(5) Only when there is reasonable cause to believe that the
26		minor taken into custody is a person described in subsection
27		(3) of Section 5-105 may the minor be kept or detained in a
28		detention home or county or municipal jail. This Section shall
29		in no way be construed to limit subsection (6).
30		(6) No minor under 16 years of age may be confined in a
31		jail or place ordinarily used for the confinement of prisoners
32		in a police station. Minors under 18 17 years of age must be
33		kept separate from confined adults and may not at any time be
34		kept in the same cell, room or yard with adults confined
35		pursuant to the criminal law.
36		(7) If neither the parent, guardian or custodian appears

1		within 24 hours to take custody of a minor released upon
2		request pursuant to subsection (2) of this Section, then the
3		clerk of the court shall set the matter for rehearing not later
4		than 7 days after the original order and shall issue a summons
5		directed to the parent, guardian or custodian to appear. At the
6		same time the probation department shall prepare a report on
7		the minor. If a parent, guardian or custodian does not appear
8		at such rehearing, the judge may enter an order prescribing
9		that the minor be kept in a suitable place designated by the
10		Department of Children and Family Services or a licensed child
11		welfare agency.
12		(8) Any interested party, including the State, the
13		temporary custodian, an agency providing services to the minor
14		or family under a service plan pursuant to Section 8.2 of the
15		Abused and Neglected Child Reporting Act, foster parent, or any
16		of their representatives, may file a motion to modify or vacate
17		a temporary custody order on any of the following grounds:
18		(a) It is no longer a matter of immediate and urgent
19		necessity that the minor remain in shelter care; or
20		(b) There is a material change in the circumstances of
21		the natural family from which the minor was removed; or
22		(c) A person, including a parent, relative or legal
23		guardian, is capable of assuming temporary custody of the
24		minor; or
25		(d) Services provided by the Department of Children and
26		Family Services or a child welfare agency or other service
27		provider have been successful in eliminating the need for
28		temporary custody.
29		The clerk shall set the matter for hearing not later than
30		14 days after such motion is filed. In the event that the court
31		modifies or vacates a temporary custody order but does not
32		vacate its finding of probable cause, the court may order that
33		appropriate services be continued or initiated in behalf of the
34		minor and his or her family.
35		(Source: P.A. 89-422; 89-507, eff. 7-1-97; 90-590, eff.
36		1-1-99.)

1		(705 ILCS 405/5-105)
2		Sec. 5-105. Definitions. As used in this Article:
3		(1) "Court" means the circuit court in a session or
4		division assigned to hear proceedings under this Act, and
5		includes the term Juvenile Court.
6		(2) "Community service" means uncompensated labor for a
7		community service agency as hereinafter defined.
8		(2.5) "Community service agency" means a not-for-profit
9		organization, community organization, church, charitable
10		organization, individual, public office, or other public body
11		whose purpose is to enhance the physical or mental health of a
12		delinquent minor or to rehabilitate the minor, or to improve
13		the environmental quality or social welfare of the community
14		which agrees to accept community service from juvenile
15		delinquents and to report on the progress of the community
16		service to the State's Attorney pursuant to an agreement or to
17		the court or to any agency designated by the court or to the
18		authorized diversion program that has referred the delinquent
19		minor for community service.
20		(3) "Delinquent minor" means any minor who prior to his or
21		her 18th 17th birthday has violated or attempted to violate,
22		regardless of where the act occurred, any federal or State law,
23		county or municipal ordinance.
24		(4) "Department" means the Department of Human Services
25		unless specifically referenced as another department.
26		(5) "Detention" means the temporary care of a minor who is
27		alleged to be or has been adjudicated delinquent and who
28		requires secure custody for the minor's own protection or the
29		community's protection in a facility designed to physically
30		restrict the minor's movements, pending disposition by the
31		court or execution of an order of the court for placement or
32		commitment. Design features that physically restrict movement
33		include, but are not limited to, locked rooms and the secure
34		handcuffing of a minor to a rail or other stationary object. In
35		addition, "detention" includes the court ordered care of an

1		alleged or adjudicated delinquent minor who requires secure
2		custody pursuant to Section 5-125 of this Act.
3		(6) "Diversion" means the referral of a juvenile, without
4		court intervention, into a program that provides services
5		designed to educate the juvenile and develop a productive and
6		responsible approach to living in the community.
7		(7) "Juvenile detention home" means a public facility with
8		specially trained staff that conforms to the county juvenile
9		detention standards promulgated by the Department of
10		Corrections.
11		(8) "Juvenile justice continuum" means a set of delinquency
12		prevention programs and services designed for the purpose of
13		preventing or reducing delinquent acts, including criminal
14		activity by youth gangs, as well as intervention,
15		rehabilitation, and prevention services targeted at minors who
16		have committed delinquent acts, and minors who have previously
17		been committed to residential treatment programs for
18		delinquents. The term includes children-in-need-of-services
19		and families-in-need-of-services programs; aftercare and
20		reentry services; substance abuse and mental health programs;
21		community service programs; community service work programs;
22		and alternative-dispute resolution programs serving
23		youth-at-risk of delinquency and their families, whether
24		offered or delivered by State or local governmental entities,
25		public or private for-profit or not-for-profit organizations,
26		or religious or charitable organizations. This term would also
27		encompass any program or service consistent with the purpose of
28		those programs and services enumerated in this subsection.
29		(9) "Juvenile police officer" means a sworn police officer
30		who has completed a Basic Recruit Training Course, has been
31		assigned to the position of juvenile police officer by his or
32		her chief law enforcement officer and has completed the
33		necessary juvenile officers training as prescribed by the
34		Illinois Law Enforcement Training Standards Board, or in the
35		case of a State police officer, juvenile officer training
36		approved by the Director of State Police.

1		(10) "Minor" means a person under the age of 21 years
2		subject to this Act.
3		(11) "Non-secure custody" means confinement where the
4		minor is not physically restricted by being placed in a locked
5		cell or room, by being handcuffed to a rail or other stationary
6		object, or by other means. Non-secure custody may include, but
7		is not limited to, electronic monitoring, foster home
8		placement, home confinement, group home placement, or physical
9		restriction of movement or activity solely through facility
10		staff.
11		(12) "Public or community service" means uncompensated
12		labor for a not-for-profit organization or public body whose
13		purpose is to enhance physical or mental stability of the
14		offender, environmental quality or the social welfare and which
15		agrees to accept public or community service from offenders and
16		to report on the progress of the offender and the public or
17		community service to the court or to the authorized diversion
18		program that has referred the offender for public or community
19		service.
20		(13) "Sentencing hearing" means a hearing to determine
21		whether a minor should be adjudged a ward of the court, and to
22		determine what sentence should be imposed on the minor. It is
23		the intent of the General Assembly that the term "sentencing
24		hearing" replace the term "dispositional hearing" and be
25		synonymous with that definition as it was used in the Juvenile
26		Court Act of 1987.
27		(14) "Shelter" means the temporary care of a minor in
28		physically unrestricting facilities pending court disposition
29		or execution of court order for placement.
30		(15) "Site" means a not-for-profit organization, public
31		body, church, charitable organization, or individual agreeing
32		to accept community service from offenders and to report on the
33		progress of ordered or required public or community service to
34		the court or to the authorized diversion program that has
35		referred the offender for public or community service.
36		(16) "Station adjustment" means the informal or formal

1		handling of an alleged offender by a juvenile police officer.
2		(17) "Trial" means a hearing to determine whether the
3		allegations of a petition under Section 5-520 that a minor is
4		delinquent are proved beyond a reasonable doubt. It is the
5		intent of the General Assembly that the term "trial" replace
6		the term "adjudicatory hearing" and be synonymous with that
7		definition as it was used in the Juvenile Court Act of 1987.
8		(Source: P.A. 90-590, eff. 1-1-99; 91-820, eff. 6-13-00.)
9		(705 ILCS 405/5-120)
10		Sec. 5-120. Exclusive jurisdiction. Proceedings may be
11		instituted under the provisions of this Article concerning any
12		minor who prior to the minor's 18th 17th birthday has violated
13		or attempted to violate, regardless of where the act occurred,
14		any federal or State law or municipal or county ordinance.
15		Except as provided in Sections 5-125, 5-130, 5-805, and 5-810
16		of this Article, no minor who was under 18 17 years of age at
17		the time of the alleged offense may be prosecuted under the
18		criminal laws of this State.
19		(Source: P.A. 90-590, eff. 1-1-99.)
20		(705 ILCS 405/5-130)
21		Sec. 5-130. Excluded jurisdiction.
22		(1) (a) The definition of delinquent minor under Section
23		5-120 of this Article shall not apply to any minor who at the
24		time of an offense was at least 15 years of age and who is
25		charged with first degree murder, aggravated criminal sexual
26		assault, aggravated battery with a firearm committed in a
27		school, on the real property comprising a school, within 1,000
28		feet of the real property comprising a school, at a school
29		related activity, or on, boarding, or departing from any
30		conveyance owned, leased, or contracted by a school or school
31		district to transport students to or from school or a school
32		related activity regardless of the time of day or time of year
33		that the offense was committed, armed robbery when the armed
34		robbery was committed with a firearm, or aggravated vehicular

1		hijacking when the hijacking was committed with a firearm.
2		These charges and all other charges arising out of the same
3		incident shall be prosecuted under the criminal laws of this
4		State.
5		For purposes of this paragraph (a) of subsection (l):
6		"School" means a public or private elementary or secondary
7		school, community college, college, or university.
8		"School related activity" means any sporting, social,
9		academic or other activity for which students' attendance or
10		participation is sponsored, organized, or funded in whole or in
11		part by a school or school district.
12		(b) (i) If before trial or plea an information or
13		indictment is filed that does not charge an offense specified
14		in paragraph (a) of this subsection (1) the State's Attorney
15		may proceed on any lesser charge or charges, but only in
16		Juvenile Court under the provisions of this Article. The
17		State's Attorney may proceed under the Criminal Code of 1961 on
18		a lesser charge if before trial the minor defendant knowingly
19		and with advice of counsel waives, in writing, his or her right
20		to have the matter proceed in Juvenile Court.
21		(ii) If before trial or plea an information or indictment
22		is filed that includes one or more charges specified in
23		paragraph (a) of this subsection (1) and additional charges
24		that are not specified in that paragraph, all of the charges
25		arising out of the same incident shall be prosecuted under the
26		Criminal Code of 1961.
27		(c) (i) If after trial or plea the minor is convicted of
28		any offense covered by paragraph (a) of this subsection (1),
29		then, in sentencing the minor, the court shall have available
30		any or all dispositions prescribed for that offense under
31		Chapter V of the Unified Code of Corrections.
32		(ii) If after trial or plea the court finds that the minor
33		committed an offense not covered by paragraph (a) of this
34		subsection (1), that finding shall not invalidate the verdict
35		or the prosecution of the minor under the criminal laws of the
36		State; however, unless the State requests a hearing for the

1		purpose of sentencing the minor under Chapter V of the Unified
2		Code of Corrections, the Court must proceed under Sections
3		5-705 and 5-710 of this Article. To request a hearing, the
4		State must file a written motion within 10 days following the
5		entry of a finding or the return of a verdict. Reasonable
6		notice of the motion shall be given to the minor or his or her
7		counsel. If the motion is made by the State, the court shall
8		conduct a hearing to determine if the minor should be sentenced
9		under Chapter V of the Unified Code of Corrections. In making
10		its determination, the court shall consider among other
11		matters: (a) whether there is evidence that the offense was
12		committed in an aggressive and premeditated manner; (b) the age
13		of the minor; (c) the previous history of the minor; (d)
14		whether there are facilities particularly available to the
15		Juvenile Court or the Department of Corrections, Juvenile
16		Division, for the treatment and rehabilitation of the minor;
17		(e) whether the security of the public requires sentencing
18		under Chapter V of the Unified Code of Corrections; and (f)
19		whether the minor possessed a deadly weapon when committing the
20		offense. The rules of evidence shall be the same as if at
21		trial. If after the hearing the court finds that the minor
22		should be sentenced under Chapter V of the Unified Code of
23		Corrections, then the court shall sentence the minor
24		accordingly having available to it any or all dispositions so
25		prescribed.
26		(2) (a) The definition of a delinquent minor under Section
27		5-120 of this Article shall not apply to any minor who at the
28		time of the offense was at least 15 years of age and who is
29		charged with an offense under Section 401 of the Illinois
30		Controlled Substances Act, while in a school, regardless of the
31		time of day or the time of year, or any conveyance owned,
32		leased or contracted by a school to transport students to or
33		from school or a school related activity, or residential
34		property owned, operated or managed by a public housing agency
35		or leased by a public housing agency as part of a scattered
36		site or mixed-income development, on the real property

1		comprising any school, regardless of the time of day or the
2		time of year, or residential property owned, operated or
3		managed by a public housing agency or leased by a public
4		housing agency as part of a scattered site or mixed-income
5		development, or on a public way within 1,000 feet of the real
6		property comprising any school, regardless of the time of day
7		or the time of year, or residential property owned, operated or
8		managed by a public housing agency or leased by a public
9		housing agency as part of a scattered site or mixed-income
10		development. School is defined, for the purposes of this
11		Section, as any public or private elementary or secondary
12		school, community college, college, or university. These
13		charges and all other charges arising out of the same incident
14		shall be prosecuted under the criminal laws of this State.
15		(b) (i) If before trial or plea an information or
16		indictment is filed that does not charge an offense specified
17		in paragraph (a) of this subsection (2) the State's Attorney
18		may proceed on any lesser charge or charges, but only in
19		Juvenile Court under the provisions of this Article. The
20		State's Attorney may proceed under the criminal laws of this
21		State on a lesser charge if before trial the minor defendant
22		knowingly and with advice of counsel waives, in writing, his or
23		her right to have the matter proceed in Juvenile Court.
24		(ii) If before trial or plea an information or indictment
25		is filed that includes one or more charges specified in
26		paragraph (a) of this subsection (2) and additional charges
27		that are not specified in that paragraph, all of the charges
28		arising out of the same incident shall be prosecuted under the
29		criminal laws of this State.
30		(c) (i) If after trial or plea the minor is convicted of
31		any offense covered by paragraph (a) of this subsection (2),
32		then, in sentencing the minor, the court shall have available
33		any or all dispositions prescribed for that offense under
34		Chapter V of the Unified Code of Corrections.
35		(ii) If after trial or plea the court finds that the minor
36		committed an offense not covered by paragraph (a) of this

1		subsection (2), that finding shall not invalidate the verdict
2		or the prosecution of the minor under the criminal laws of the
3		State; however, unless the State requests a hearing for the
4		purpose of sentencing the minor under Chapter V of the Unified
5		Code of Corrections, the Court must proceed under Sections
6		5-705 and 5-710 of this Article. To request a hearing, the
7		State must file a written motion within 10 days following the
8		entry of a finding or the return of a verdict. Reasonable
9		notice of the motion shall be given to the minor or his or her
10		counsel. If the motion is made by the State, the court shall
11		conduct a hearing to determine if the minor should be sentenced
12		under Chapter V of the Unified Code of Corrections. In making
13		its determination, the court shall consider among other
14		matters: (a) whether there is evidence that the offense was
15		committed in an aggressive and premeditated manner; (b) the age
16		of the minor; (c) the previous history of the minor; (d)
17		whether there are facilities particularly available to the
18		Juvenile Court or the Department of Corrections, Juvenile
19		Division, for the treatment and rehabilitation of the minor;
20		(e) whether the security of the public requires sentencing
21		under Chapter V of the Unified Code of Corrections; and (f)
22		whether the minor possessed a deadly weapon when committing the
23		offense. The rules of evidence shall be the same as if at
24		trial. If after the hearing the court finds that the minor
25		should be sentenced under Chapter V of the Unified Code of
26		Corrections, then the court shall sentence the minor
27		accordingly having available to it any or all dispositions so
28		prescribed.
29		(3) (a) The definition of delinquent minor under Section
30		5-120 of this Article shall not apply to any minor who at the
31		time of the offense was at least 15 years of age and who is
32		charged with a violation of the provisions of paragraph (1),
33		(3), (4), or (10) of subsection (a) of Section 24-1 of the
34		Criminal Code of 1961 while in school, regardless of the time
35		of day or the time of year, or on the real property comprising
36		any school, regardless of the time of day or the time of year.

1		School is defined, for purposes of this Section as any public
2		or private elementary or secondary school, community college,
3		college, or university. These charges and all other charges
4		arising out of the same incident shall be prosecuted under the
5		criminal laws of this State.
6		(b) (i) If before trial or plea an information or
7		indictment is filed that does not charge an offense specified
8		in paragraph (a) of this subsection (3) the State's Attorney
9		may proceed on any lesser charge or charges, but only in
10		Juvenile Court under the provisions of this Article. The
11		State's Attorney may proceed under the criminal laws of this
12		State on a lesser charge if before trial the minor defendant
13		knowingly and with advice of counsel waives, in writing, his or
14		her right to have the matter proceed in Juvenile Court.
15		(ii) If before trial or plea an information or indictment
16		is filed that includes one or more charges specified in
17		paragraph (a) of this subsection (3) and additional charges
18		that are not specified in that paragraph, all of the charges
19		arising out of the same incident shall be prosecuted under the
20		criminal laws of this State.
21		(c) (i) If after trial or plea the minor is convicted of
22		any offense covered by paragraph (a) of this subsection (3),
23		then, in sentencing the minor, the court shall have available
24		any or all dispositions prescribed for that offense under
25		Chapter V of the Unified Code of Corrections.
26		(ii) If after trial or plea the court finds that the minor
27		committed an offense not covered by paragraph (a) of this
28		subsection (3), that finding shall not invalidate the verdict
29		or the prosecution of the minor under the criminal laws of the
30		State; however, unless the State requests a hearing for the
31		purpose of sentencing the minor under Chapter V of the Unified
32		Code of Corrections, the Court must proceed under Sections
33		5-705 and 5-710 of this Article. To request a hearing, the
34		State must file a written motion within 10 days following the
35		entry of a finding or the return of a verdict. Reasonable
36		notice of the motion shall be given to the minor or his or her

1		counsel. If the motion is made by the State, the court shall
2		conduct a hearing to determine if the minor should be sentenced
3		under Chapter V of the Unified Code of Corrections. In making
4		its determination, the court shall consider among other
5		matters: (a) whether there is evidence that the offense was
6		committed in an aggressive and premeditated manner; (b) the age
7		of the minor; (c) the previous history of the minor; (d)
8		whether there are facilities particularly available to the
9		Juvenile Court or the Department of Corrections, Juvenile
10		Division, for the treatment and rehabilitation of the minor;
11		(e) whether the security of the public requires sentencing
12		under Chapter V of the Unified Code of Corrections; and (f)
13		whether the minor possessed a deadly weapon when committing the
14		offense. The rules of evidence shall be the same as if at
15		trial. If after the hearing the court finds that the minor
16		should be sentenced under Chapter V of the Unified Code of
17		Corrections, then the court shall sentence the minor
18		accordingly having available to it any or all dispositions so
19		prescribed.
20		(4) (a) The definition of delinquent minor under Section
21		5-120 of this Article shall not apply to any minor who at the
22		time of an offense was at least 13 years of age and who is
23		charged with first degree murder committed during the course of
24		either aggravated criminal sexual assault, criminal sexual
25		assault, or aggravated kidnaping. However, this subsection (4)
26		does not include a minor charged with first degree murder based
27		exclusively upon the accountability provisions of the Criminal
28		Code of 1961.
29		(b) (i) If before trial or plea an information or
30		indictment is filed that does not charge first degree murder
31		committed during the course of aggravated criminal sexual
32		assault, criminal sexual assault, or aggravated kidnaping, the
33		State's Attorney may proceed on any lesser charge or charges,
34		but only in Juvenile Court under the provisions of this
35		Article. The State's Attorney may proceed under the criminal
36		laws of this State on a lesser charge if before trial the minor

1		defendant knowingly and with advice of counsel waives, in
2		writing, his or her right to have the matter proceed in
3		Juvenile Court.
4		(ii) If before trial or plea an information or indictment
5		is filed that includes first degree murder committed during the
6		course of aggravated criminal sexual assault, criminal sexual
7		assault, or aggravated kidnaping, and additional charges that
8		are not specified in paragraph (a) of this subsection, all of
9		the charges arising out of the same incident shall be
10		prosecuted under the criminal laws of this State.
11		(c) (i) If after trial or plea the minor is convicted of
12		first degree murder committed during the course of aggravated
13		criminal sexual assault, criminal sexual assault, or
14		aggravated kidnaping, in sentencing the minor, the court shall
15		have available any or all dispositions prescribed for that
16		offense under Chapter V of the Unified Code of Corrections.
17		(ii) If the minor was not yet 15 years of age at the time of
18		the offense, and if after trial or plea the court finds that
19		the minor committed an offense other than first degree murder
20		committed during the course of either aggravated criminal
21		sexual assault, criminal sexual assault, or aggravated
22		kidnapping, the finding shall not invalidate the verdict or the
23		prosecution of the minor under the criminal laws of the State;
24		however, unless the State requests a hearing for the purpose of
25		sentencing the minor under Chapter V of the Unified Code of
26		Corrections, the Court must proceed under Sections 5-705 and
27		5-710 of this Article. To request a hearing, the State must
28		file a written motion within 10 days following the entry of a
29		finding or the return of a verdict. Reasonable notice of the
30		motion shall be given to the minor or his or her counsel. If
31		the motion is made by the State, the court shall conduct a
32		hearing to determine whether the minor should be sentenced
33		under Chapter V of the Unified Code of Corrections. In making
34		its determination, the court shall consider among other
35		matters: (a) whether there is evidence that the offense was
36		committed in an aggressive and premeditated manner; (b) the age

1		of the minor; (c) the previous delinquent history of the minor;
2		(d) whether there are facilities particularly available to the
3		Juvenile Court or the Department of Corrections, Juvenile
4		Division, for the treatment and rehabilitation of the minor;
5		(e) whether the best interest of the minor and the security of
6		the public require sentencing under Chapter V of the Unified
7		Code of Corrections; and (f) whether the minor possessed a
8		deadly weapon when committing the offense. The rules of
9		evidence shall be the same as if at trial. If after the hearing
10		the court finds that the minor should be sentenced under
11		Chapter V of the Unified Code of Corrections, then the court
12		shall sentence the minor accordingly having available to it any
13		or all dispositions so prescribed.
14		(5) (a) The definition of delinquent minor under Section
15		5-120 of this Article shall not apply to any minor who is
16		charged with a violation of subsection (a) of Section 31-6 or
17		Section 32-10 of the Criminal Code of 1961 when the minor is
18		subject to prosecution under the criminal laws of this State as
19		a result of the application of the provisions of Section 5-125,
20		or subsection (1) or (2) of this Section. These charges and all
21		other charges arising out of the same incident shall be
22		prosecuted under the criminal laws of this State.
23		(b) (i) If before trial or plea an information or
24		indictment is filed that does not charge an offense specified
25		in paragraph (a) of this subsection (5), the State's Attorney
26		may proceed on any lesser charge or charges, but only in
27		Juvenile Court under the provisions of this Article. The
28		State's Attorney may proceed under the criminal laws of this
29		State on a lesser charge if before trial the minor defendant
30		knowingly and with advice of counsel waives, in writing, his or
31		her right to have the matter proceed in Juvenile Court.
32		(ii) If before trial or plea an information or indictment
33		is filed that includes one or more charges specified in
34		paragraph (a) of this subsection (5) and additional charges
35		that are not specified in that paragraph, all of the charges
36		arising out of the same incident shall be prosecuted under the

1		criminal laws of this State.
2		(c) (i) If after trial or plea the minor is convicted of
3		any offense covered by paragraph (a) of this subsection (5),
4		then, in sentencing the minor, the court shall have available
5		any or all dispositions prescribed for that offense under
6		Chapter V of the Unified Code of Corrections.
7		(ii) If after trial or plea the court finds that the minor
8		committed an offense not covered by paragraph (a) of this
9		subsection (5), the conviction shall not invalidate the verdict
10		or the prosecution of the minor under the criminal laws of this
11		State; however, unless the State requests a hearing for the
12		purpose of sentencing the minor under Chapter V of the Unified
13		Code of Corrections, the Court must proceed under Sections
14		5-705 and 5-710 of this Article. To request a hearing, the
15		State must file a written motion within 10 days following the
16		entry of a finding or the return of a verdict. Reasonable
17		notice of the motion shall be given to the minor or his or her
18		counsel. If the motion is made by the State, the court shall
19		conduct a hearing to determine if whether the minor should be
20		sentenced under Chapter V of the Unified Code of Corrections.
21		In making its determination, the court shall consider among
22		other matters: (a) whether there is evidence that the offense
23		was committed in an aggressive and premeditated manner; (b) the
24		age of the minor; (c) the previous delinquent history of the
25		minor; (d) whether there are facilities particularly available
26		to the Juvenile Court or the Department of Corrections,
27		Juvenile Division, for the treatment and rehabilitation of the
28		minor; (e) whether the security of the public requires
29		sentencing under Chapter V of the Unified Code of Corrections;
30		and (f) whether the minor possessed a deadly weapon when
31		committing the offense. The rules of evidence shall be the same
32		as if at trial. If after the hearing the court finds that the
33		minor should be sentenced under Chapter V of the Unified Code
34		of Corrections, then the court shall sentence the minor
35		accordingly having available to it any or all dispositions so
36		prescribed.

1		(6) The definition of delinquent minor under Section 5-120
2		of this Article shall not apply to any minor who, pursuant to
3		subsection (1), (2), or (3) or Section 5-805, or 5-810, has
4		previously been placed under the jurisdiction of the criminal
5		court and has been convicted of a crime under an adult criminal
6		or penal statute. Such a minor shall be subject to prosecution
7		under the criminal laws of this State.
8		(7) The procedures set out in this Article for the
9		investigation, arrest and prosecution of juvenile offenders
10		shall not apply to minors who are excluded from jurisdiction of
11		the Juvenile Court, except that minors under 18 17 years of age
12		shall be kept separate from confined adults.
13		(8) Nothing in this Act prohibits or limits the prosecution
14		of any minor for an offense committed on or after his or her
15		18th 17th birthday even though he or she is at the time of the
16		offense a ward of the court.
17		(9) If an original petition for adjudication of wardship
18		alleges the commission by a minor 13 years of age or over of an
19		act that constitutes a crime under the laws of this State, the
20		minor, with the consent of his or her counsel, may, at any time
21		before commencement of the adjudicatory hearing, file with the
22		court a motion that criminal prosecution be ordered and that
23		the petition be dismissed insofar as the act or acts involved
24		in the criminal proceedings are concerned. If such a motion is
25		filed as herein provided, the court shall enter its order
26		accordingly.
27		(10) If a minor is subject to the provisions of subsection
28		(2) of this Section, other than a minor charged with a Class X
29		felony violation of the Illinois Controlled Substances Act, any
30		party including the minor or the court sua sponte may, before
31		trial, move for a hearing for the purpose of trying and
32		sentencing the minor as a delinquent minor. To request a
33		hearing, the party must file a motion prior to trial.
34		Reasonable notice of the motion shall be given to all parties.
35		On its own motion or upon the filing of a motion by one of the
36		parties including the minor, the court shall conduct a hearing

1		to determine whether the minor should be tried and sentenced as
2		a delinquent minor under this Article. In making its
3		determination, the court shall consider among other matters:
4		(a) The age of the minor;
5		(b) Any previous delinquent or criminal history of the
6		minor;
7		(c) Any previous abuse or neglect history of the minor;
8		(d) Any mental health or educational history of the minor,
9		or both; and
10		(e) Whether there is probable cause to support the charge,
11		whether the minor is charged through accountability, and
12		whether there is evidence the minor possessed a deadly weapon
13		or caused serious bodily harm during the offense.
14		Any material that is relevant and reliable shall be
15		admissible at the hearing. In all cases, the judge shall enter
16		an order permitting prosecution under the criminal laws of
17		Illinois unless the judge makes a finding based on a
18		preponderance of the evidence that the minor would be amenable
19		to the care, treatment, and training programs available through
20		the facilities of the juvenile court based on an evaluation of
21		the factors listed in this subsection (10).
22		(Source: P.A. 91-15, eff. 1-1-00; 91-673, eff. 12-22-99; 92-16,
23		eff. 6-28-01; 92-665, eff. 1-1-03.)
24		(705 ILCS 405/5-410)
25		Sec. 5-410. Non-secure custody or detention.
26		(1) Any minor arrested or taken into custody pursuant to
27		this Act who requires care away from his or her home but who
28		does not require physical restriction shall be given temporary
29		care in a foster family home or other shelter facility
30		designated by the court.
31		(2) (a) Any minor 10 years of age or older arrested
32		pursuant to this Act where there is probable cause to believe
33		that the minor is a delinquent minor and that (i) secured
34		custody is a matter of immediate and urgent necessity for the
35		protection of the minor or of the person or property of

1		another, (ii) the minor is likely to flee the jurisdiction of
2		the court, or (iii) the minor was taken into custody under a
3		warrant, may be kept or detained in an authorized detention
4		facility. No minor under 12 years of age shall be detained in a
5		county jail or a municipal lockup for more than 6 hours.
6		(b) The written authorization of the probation officer or
7		detention officer (or other public officer designated by the
8		court in a county having 3,000,000 or more inhabitants)
9		constitutes authority for the superintendent of any juvenile
10		detention home to detain and keep a minor for up to 40 hours,
11		excluding Saturdays, Sundays and court-designated holidays.
12		These records shall be available to the same persons and
13		pursuant to the same conditions as are law enforcement records
14		as provided in Section 5-905.
15		(b-4) The consultation required by subsection (b-5) shall
16		not be applicable if the probation officer or detention officer
17		(or other public officer designated by the court in a county
18		having 3,000,000 or more inhabitants) utilizes a scorable
19		detention screening instrument, which has been developed with
20		input by the State's Attorney, to determine whether a minor
21		should be detained, however, subsection (b-5) shall still be
22		applicable where no such screening instrument is used or where
23		the probation officer, detention officer (or other public
24		officer designated by the court in a county having 3,000,000 or
25		more inhabitants) deviates from the screening instrument.
26		(b-5) Subject to the provisions of subsection (b-4), if a
27		probation officer or detention officer (or other public officer
28		designated by the court in a county having 3,000,000 or more
29		inhabitants) does not intend to detain a minor for an offense
30		which constitutes one of the following offenses he or she shall
31		consult with the State's Attorney's Office prior to the release
32		of the minor: first degree murder, second degree murder,
33		involuntary manslaughter, criminal sexual assault, aggravated
34		criminal sexual assault, aggravated battery with a firearm,
35		aggravated or heinous battery involving permanent disability
36		or disfigurement or great bodily harm, robbery, aggravated

1		robbery, armed robbery, vehicular hijacking, aggravated
2		vehicular hijacking, vehicular invasion, arson, aggravated
3		arson, kidnapping, aggravated kidnapping, home invasion,
4		burglary, or residential burglary.
5		(c) Except as otherwise provided in paragraph (a), (d), or
6		(e), no minor shall be detained in a county jail or municipal
7		lockup for more than 12 hours, unless the offense is a crime of
8		violence in which case the minor may be detained up to 24
9		hours. For the purpose of this paragraph, "crime of violence"
10		has the meaning ascribed to it in Section 1-10 of the
11		Alcoholism and Other Drug Abuse and Dependency Act.
12		(i) The period of detention is deemed to have begun
13		once the minor has been placed in a locked room or cell or
14		handcuffed to a stationary object in a building housing a
15		county jail or municipal lockup. Time spent transporting a
16		minor is not considered to be time in detention or secure
17		custody.
18		(ii) Any minor so confined shall be under periodic
19		supervision and shall not be permitted to come into or
20		remain in contact with adults in custody in the building.
21		(iii) Upon placement in secure custody in a jail or
22		lockup, the minor shall be informed of the purpose of the
23		detention, the time it is expected to last and the fact
24		that it cannot exceed the time specified under this Act.
25		(iv) A log shall be kept which shows the offense which
26		is the basis for the detention, the reasons and
27		circumstances for the decision to detain and the length of
28		time the minor was in detention.
29		(v) Violation of the time limit on detention in a
30		county jail or municipal lockup shall not, in and of
31		itself, render inadmissible evidence obtained as a result
32		of the violation of this time limit. Minors under 18 17
33		years of age shall be kept separate from confined adults
34		and may not at any time be kept in the same cell, room or
35		yard with adults confined pursuant to criminal law. Persons
36		18 17 years of age and older who have a petition of

1		delinquency filed against them may be confined in an adult
2		detention facility. In making a determination whether to
3		confine a person 18 17 years of age or older who has a
4		petition of delinquency filed against the person, these
5		factors, among other matters, shall be considered:
6		(A) The age of the person;
7		(B) Any previous delinquent or criminal history of
8		the person;
9		(C) Any previous abuse or neglect history of the
10		person; and
11		(D) Any mental health or educational history of the
12		person, or both.
13		(d) (i) If a minor 12 years of age or older is confined in a
14		county jail in a county with a population below 3,000,000
15		inhabitants, then the minor's confinement shall be implemented
16		in such a manner that there will be no contact by sight, sound
17		or otherwise between the minor and adult prisoners. Minors 12
18		years of age or older must be kept separate from confined
19		adults and may not at any time be kept in the same cell, room,
20		or yard with confined adults. This paragraph (d)(i) shall only
21		apply to confinement pending an adjudicatory hearing and shall
22		not exceed 40 hours, excluding Saturdays, Sundays and court
23		designated holidays. To accept or hold minors during this time
24		period, county jails shall comply with all monitoring standards
25		promulgated by the Department of Corrections and training
26		standards approved by the Illinois Law Enforcement Training
27		Standards Board.
28		(ii) To accept or hold minors, 12 years of age or older,
29		after the time period prescribed in paragraph (d)(i) of this
30		subsection (2) of this Section but not exceeding 7 days
31		including Saturdays, Sundays and holidays pending an
32		adjudicatory hearing, county jails shall comply with all
33		temporary detention standards promulgated by the Department of
34		Corrections and training standards approved by the Illinois Law
35		Enforcement Training Standards Board.
36		(iii) To accept or hold minors 12 years of age or older,

1		after the time period prescribed in paragraphs (d)(i) and
2		(d)(ii) of this subsection (2) of this Section, county jails
3		shall comply with all programmatic and training standards for
4		juvenile detention homes promulgated by the Department of
5		Corrections.
6		(e) When a minor who is at least 15 years of age is
7		prosecuted under the criminal laws of this State, the court may
8		enter an order directing that the juvenile be confined in the
9		county jail. However, any juvenile confined in the county jail
10		under this provision shall be separated from adults who are
11		confined in the county jail in such a manner that there will be
12		no contact by sight, sound or otherwise between the juvenile
13		and adult prisoners.
14		(f) For purposes of appearing in a physical lineup, the
15		minor may be taken to a county jail or municipal lockup under
16		the direct and constant supervision of a juvenile police
17		officer. During such time as is necessary to conduct a lineup,
18		and while supervised by a juvenile police officer, the sight
19		and sound separation provisions shall not apply.
20		(g) For purposes of processing a minor, the minor may be
21		taken to a County Jail or municipal lockup under the direct and
22		constant supervision of a law enforcement officer or
23		correctional officer. During such time as is necessary to
24		process the minor, and while supervised by a law enforcement
25		officer or correctional officer, the sight and sound separation
26		provisions shall not apply.
27		(3) If the probation officer or State's Attorney (or such
28		other public officer designated by the court in a county having
29		3,000,000 or more inhabitants) determines that the minor may be
30		a delinquent minor as described in subsection (3) of Section
31		5-105, and should be retained in custody but does not require
32		physical restriction, the minor may be placed in non-secure
33		custody for up to 40 hours pending a detention hearing.
34		(4) Any minor taken into temporary custody, not requiring
35		secure detention, may, however, be detained in the home of his
36		or her parent or guardian subject to such conditions as the

1		court may impose.
2		(Source: P.A. 93-255, eff. 1-1-04.)
3		(705 ILCS 405/5-901)
4		Sec. 5-901. Court file.
5		(1) The Court file with respect to proceedings under this
6		Article shall consist of the petitions, pleadings, victim
7		impact statements, process, service of process, orders, writs
8		and docket entries reflecting hearings held and judgments and
9		decrees entered by the court. The court file shall be kept
10		separate from other records of the court.
11		(a) The file, including information identifying the
12		victim or alleged victim of any sex offense, shall be
13		disclosed only to the following parties when necessary for
14		discharge of their official duties:
15		(i) A judge of the circuit court and members of the
16		staff of the court designated by the judge;
17		(ii) Parties to the proceedings and their
18		attorneys;
19		(iii) Victims and their attorneys, except in cases
20		of multiple victims of sex offenses in which case the
21		information identifying the nonrequesting victims
22		shall be redacted;
23		(iv) Probation officers, law enforcement officers
24		or prosecutors or their staff;
25		(v) Adult and juvenile Prisoner Review Boards.
26		(b) The Court file redacted to remove any information
27		identifying the victim or alleged victim of any sex offense
28		shall be disclosed only to the following parties when
29		necessary for discharge of their official duties:
30		(i) Authorized military personnel;
31		(ii) Persons engaged in bona fide research, with
32		the permission of the judge of the juvenile court and
33		the chief executive of the agency that prepared the
34		particular recording: provided that publication of
35		such research results in no disclosure of a minor's

1		identity and protects the confidentiality of the
2		record;
3		(iii) The Secretary of State to whom the Clerk of
4		the Court shall report the disposition of all cases, as
5		required in Section 6-204 or Section 6-205.1 of the
6		Illinois Vehicle Code. However, information reported
7		relative to these offenses shall be privileged and
8		available only to the Secretary of State, courts, and
9		police officers;
10		(iv) The administrator of a bonafide substance
11		abuse student assistance program with the permission
12		of the presiding judge of the juvenile court;
13		(v) Any individual, or any public or private agency
14		or institution, having custody of the juvenile under
15		court order or providing educational, medical or
16		mental health services to the juvenile or a
17		court-approved advocate for the juvenile or any
18		placement provider or potential placement provider as
19		determined by the court.
20		(3) A minor who is the victim or alleged victim in a
21		juvenile proceeding shall be provided the same confidentiality
22		regarding disclosure of identity as the minor who is the
23		subject of record. Information identifying victims and alleged
24		victims of sex offenses, shall not be disclosed or open to
25		public inspection under any circumstances. Nothing in this
26		Section shall prohibit the victim or alleged victim of any sex
27		offense from voluntarily disclosing his or her identity.
28		(4) Relevant information, reports and records shall be made
29		available to the Department of Corrections when a juvenile
30		offender has been placed in the custody of the Department of
31		Corrections, Juvenile Division.
32		(5) Except as otherwise provided in this subsection (5),
33		juvenile court records shall not be made available to the
34		general public but may be inspected by representatives of
35		agencies, associations and news media or other properly
36		interested persons by general or special order of the court.

1		The State's Attorney, the minor, his or her parents, guardian
2		and counsel shall at all times have the right to examine court
3		files and records.
4		(a) The court shall allow the general public to have
5		access to the name, address, and offense of a minor who is
6		adjudicated a delinquent minor under this Act under either
7		of the following circumstances:
8		(i) The adjudication of delinquency was based upon
9		the minor's commission of first degree murder, attempt
10		to commit first degree murder, aggravated criminal
11		sexual assault, or criminal sexual assault; or
12		(ii) The court has made a finding that the minor
13		was at least 13 years of age at the time the act was
14		committed and the adjudication of delinquency was
15		based upon the minor's commission of: (A) an act in
16		furtherance of the commission of a felony as a member
17		of or on behalf of a criminal street gang, (B) an act
18		involving the use of a firearm in the commission of a
19		felony, (C) an act that would be a Class X felony
20		offense under or the minor's second or subsequent Class
21		2 or greater felony offense under the Cannabis Control
22		Act if committed by an adult, (D) an act that would be
23		a second or subsequent offense under Section 402 of the
24		Illinois Controlled Substances Act if committed by an
25		adult, or (E) an act that would be an offense under
26		Section 401 of the Illinois Controlled Substances Act
27		if committed by an adult.
28		(b) The court shall allow the general public to have
29		access to the name, address, and offense of a minor who is
30		at least 13 years of age at the time the offense is
31		committed and who is convicted, in criminal proceedings
32		permitted or required under Section 5-805, under either of
33		the following circumstances:
34		(i) The minor has been convicted of first degree
35		murder, attempt to commit first degree murder,
36		aggravated criminal sexual assault, or criminal sexual

1		assault,
2		(ii) The court has made a finding that the minor
3		was at least 13 years of age at the time the offense
4		was committed and the conviction was based upon the
5		minor's commission of: (A) an offense in furtherance of
6		the commission of a felony as a member of or on behalf
7		of a criminal street gang, (B) an offense involving the
8		use of a firearm in the commission of a felony, (C) a
9		Class X felony offense under the Cannabis Control Act
10		or a second or subsequent Class 2 or greater felony
11		offense under the Cannabis Control Act, (D) a second or
12		subsequent offense under Section 402 of the Illinois
13		Controlled Substances Act, or (E) an offense under
14		Section 401 of the Illinois Controlled Substances Act.
15		(6) Nothing in this Section shall be construed to limit the
16		use of a adjudication of delinquency as evidence in any
17		juvenile or criminal proceeding, where it would otherwise be
18		admissible under the rules of evidence, including but not
19		limited to, use as impeachment evidence against any witness,
20		including the minor if he or she testifies.
21		(7) Nothing in this Section shall affect the right of a
22		Civil Service Commission or appointing authority examining the
23		character and fitness of an applicant for a position as a law
24		enforcement officer to ascertain whether that applicant was
25		ever adjudicated to be a delinquent minor and, if so, to
26		examine the records or evidence which were made in proceedings
27		under this Act.
28		(8) Following any adjudication of delinquency for a crime
29		which would be a felony if committed by an adult, or following
30		any adjudication of delinquency for a violation of Section
31		24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961, the
32		State's Attorney shall ascertain whether the minor respondent
33		is enrolled in school and, if so, shall provide a copy of the
34		sentencing order to the principal or chief administrative
35		officer of the school. Access to such juvenile records shall be
36		limited to the principal or chief administrative officer of the

1		school and any guidance counselor designated by him or her.
2		(9) Nothing contained in this Act prevents the sharing or
3		disclosure of information or records relating or pertaining to
4		juveniles subject to the provisions of the Serious Habitual
5		Offender Comprehensive Action Program when that information is
6		used to assist in the early identification and treatment of
7		habitual juvenile offenders.
8		(11) The Clerk of the Circuit Court shall report to the
9		Department of State Police, in the form and manner required by
10		the Department of State Police, the final disposition of each
11		minor who has been arrested or taken into custody before his or
12		her 18th 17th birthday for those offenses required to be
13		reported under Section 5 of the Criminal Identification Act.
14		Information reported to the Department under this Section may
15		be maintained with records that the Department files under
16		Section 2.1 of the Criminal Identification Act.
17		(12) Information or records may be disclosed to the general
18		public when the court is conducting hearings under Section
19		5-805 or 5-810.
20		(Source: P.A. 90-590, eff. 1-1-99.)
21		(705 ILCS 405/5-905)
22		Sec. 5-905. Law enforcement records.
23		(1) Law Enforcement Records. Inspection and copying of law
24		enforcement records maintained by law enforcement agencies
25		that relate to a minor who has been arrested or taken into
26		custody before his or her 18th 17th birthday shall be
27		restricted to the following and when necessary for the
28		discharge of their official duties:
29		(a) A judge of the circuit court and members of the
30		staff of the court designated by the judge;
31		(b) Law enforcement officers, probation officers or
32		prosecutors or their staff;
33		(c) The minor, the minor's parents or legal guardian
34		and their attorneys, but only when the juvenile has been
35		charged with an offense;

1		(d) Adult and Juvenile Prisoner Review Boards;
2		(e) Authorized military personnel;
3		(f) Persons engaged in bona fide research, with the
4		permission of the judge of juvenile court and the chief
5		executive of the agency that prepared the particular
6		recording: provided that publication of such research
7		results in no disclosure of a minor's identity and protects
8		the confidentiality of the record;
9		(g) Individuals responsible for supervising or
10		providing temporary or permanent care and custody of minors
11		pursuant to orders of the juvenile court or directives from
12		officials of the Department of Children and Family Services
13		or the Department of Human Services who certify in writing
14		that the information will not be disclosed to any other
15		party except as provided under law or order of court;
16		(h) The appropriate school official. Inspection and
17		copying shall be limited to law enforcement records
18		transmitted to the appropriate school official by a local
19		law enforcement agency under a reciprocal reporting system
20		established and maintained between the school district and
21		the local law enforcement agency under Section 10-20.14 of
22		the School Code concerning a minor enrolled in a school
23		within the school district who has been arrested for any
24		offense classified as a felony or a Class A or B
25		misdemeanor.
26		(2) Information identifying victims and alleged victims of
27		sex offenses, shall not be disclosed or open to public
28		inspection under any circumstances. Nothing in this Section
29		shall prohibit the victim or alleged victim of any sex offense
30		from voluntarily disclosing his or her identity.
31		(3) Relevant information, reports and records shall be made
32		available to the Department of Corrections when a juvenile
33		offender has been placed in the custody of the Department of
34		Corrections, Juvenile Division.
35		(4) Nothing in this Section shall prohibit the inspection
36		or disclosure to victims and witnesses of photographs contained

1		in the records of law enforcement agencies when the inspection
2		or disclosure is conducted in the presence of a law enforcement
3		officer for purposes of identification or apprehension of any
4		person in the course of any criminal investigation or
5		prosecution.
6		(5) The records of law enforcement officers concerning all
7		minors under 18 17 years of age must be maintained separate
8		from the records of adults and may not be open to public
9		inspection or their contents disclosed to the public except by
10		order of the court or when the institution of criminal
11		proceedings has been permitted under Section 5-130 or 5-805 or
12		required under Section 5-130 or 5-805 or such a person has been
13		convicted of a crime and is the subject of pre-sentence
14		investigation or when provided by law.
15		(6) Except as otherwise provided in this subsection (6),
16		law enforcement officers may not disclose the identity of any
17		minor in releasing information to the general public as to the
18		arrest, investigation or disposition of any case involving a
19		minor. Any victim or parent or legal guardian of a victim may
20		petition the court to disclose the name and address of the
21		minor and the minor's parents or legal guardian, or both. Upon
22		a finding by clear and convincing evidence that the disclosure
23		is either necessary for the victim to pursue a civil remedy
24		against the minor or the minor's parents or legal guardian, or
25		both, or to protect the victim's person or property from the
26		minor, then the court may order the disclosure of the
27		information to the victim or to the parent or legal guardian of
28		the victim only for the purpose of the victim pursuing a civil
29		remedy against the minor or the minor's parents or legal
30		guardian, or both, or to protect the victim's person or
31		property from the minor.
32		(7) Nothing contained in this Section shall prohibit law
33		enforcement agencies when acting in their official capacity
34		from communicating with each other by letter, memorandum,
35		teletype or intelligence alert bulletin or other means the
36		identity or other relevant information pertaining to a person

1		under 18 17 years of age. The information provided under this
2		subsection (7) shall remain confidential and shall not be
3		publicly disclosed, except as otherwise allowed by law.
4		(8) No person shall disclose information under this Section
5		except when acting in his or her official capacity and as
6		provided by law or order of court.
7		(Source: P.A. 90-590, eff. 1-1-99; 91-479, eff. 1-1-00.)
8		(705 ILCS 405/5-915)
9		Sec. 5-915. Expungement of law enforcement and juvenile
10		court records.
11		(1) Whenever any person has attained the age of 18 17 or
12		whenever all juvenile court proceedings relating to that person
13		have been terminated, whichever is later, the person may
14		petition the court to expunge law enforcement records relating
15		to incidents occurring before his or her 18th 17th birthday or
16		his or her juvenile court records, or both, but only in the
17		following circumstances:
18		(a) the minor was arrested and no petition for
19		delinquency was filed with the clerk of the circuit court;
20		or
21		(b) the minor was charged with an offense and was found
22		not delinquent of that offense; or
23		(c) the minor was placed under supervision pursuant to
24		Section 5-615, and the order of supervision has since been
25		successfully terminated; or
26		(d) the minor was adjudicated for an offense which
27		would be a Class B misdemeanor if committed by an adult.
28		(2) Any person may petition the court to expunge all law
29		enforcement records relating to any incidents occurring before
30		his or her 18th 17th birthday which did not result in
31		proceedings in criminal court and all juvenile court records
32		with respect to any adjudications except those based upon first
33		degree murder and sex offenses which would be felonies if
34		committed by an adult, if the person for whom expungement is
35		sought has had no convictions for any crime since his or her

1		18th 17th birthday and:
2		(a) has attained the age of 21 years; or
3		(b) 5 years have elapsed since all juvenile court
4		proceedings relating to him or her have been terminated or
5		his or her commitment to the Department of Corrections,
6		Juvenile Division pursuant to this Act has been terminated;
7		whichever is later of (a) or (b).
8		(3) The chief judge of the circuit in which an arrest was
9		made or a charge was brought or any judge of that circuit
10		designated by the chief judge may, upon verified petition of a
11		person who is the subject of an arrest or a juvenile court
12		proceeding under subsection (1) or (2) of this Section, order
13		the law enforcement records or official court file, or both, to
14		be expunged from the official records of the arresting
15		authority, the clerk of the circuit court and the Department of
16		State Police. Notice of the petition shall be served upon the
17		State's Attorney and upon the arresting authority which is the
18		subject of the petition for expungement.
19		(4) Upon entry of an order expunging records or files, the
20		offense, which the records or files concern shall be treated as
21		if it never occurred. Law enforcement officers and other public
22		offices and agencies shall properly reply on inquiry that no
23		record or file exists with respect to the person.
24		(5) Records which have not been expunged are sealed, and
25		may be obtained only under the provisions of Sections 5-901,
26		5-905 and 5-915.
27		(6) Nothing in this Section shall be construed to prohibit
28		the maintenance of information relating to an offense after
29		records or files concerning the offense have been expunged if
30		the information is kept in a manner that does not enable
31		identification of the offender. This information may only be
32		used for statistical and bona fide research purposes.
33		(Source: P.A. 90-590, eff. 1-1-99.)

34		Section 10. The Unified Code of Corrections is amended by
35		changing Sections 3-10-7 and 5-8-6 as follows:

1		(730 ILCS 5/3-10-7) (from Ch. 38, par. 1003-10-7)
2		Sec. 3-10-7. Interdivisional Transfers. (a) In any case
3		where a minor was originally prosecuted under the provisions of
4		the Criminal Code of 1961, as amended, and sentenced under the
5		provisions of this Act pursuant to Section 2-7 of the Juvenile
6		Court Act or Section 5-805 of the Juvenile Court Act of 1987
7		and committed to the Juvenile Division under Section 5-8-6, the
8		Department of Corrections shall, within 30 days of the date
9		that the minor reaches the age of 18 17, send formal
10		notification to the sentencing court and the State's Attorney
11		of the county from which the minor was sentenced indicating the
12		day upon which the minor offender will achieve the age of 18
13		17. Within 90 days of receipt of that notice, the sentencing
14		court shall conduct a hearing, pursuant to the provisions of
15		subsection (c) of this Section to determine whether or not the
16		minor shall continue to remain under the auspices of the
17		Juvenile Division or be transferred to the Adult Division of
18		the Department of Corrections.
19		The minor shall be served with notice of the date of the
20		hearing, shall be present at the hearing, and has the right to
21		counsel at the hearing. The minor, with the consent of his or
22		her counsel or guardian may waive his presence at hearing.
23		(b) Unless sooner paroled under Section 3-3-3, the
24		confinement of a minor person committed for an indeterminate
25		sentence in a criminal proceeding shall terminate at the
26		expiration of the maximum term of imprisonment, and he shall
27		thereupon be released to serve a period of parole under Section
28		5-8-1, but if the maximum term of imprisonment does not expire
29		until after his 21st birthday, he shall continue to be subject
30		to the control and custody of the Department, and on his 21st
31		birthday, he shall be transferred to the Adult Division. If
32		such person is on parole on his 21st birthday, his parole
33		supervision may be transferred to the Adult Division.
34		(c) Any interdivisional transfer hearing conducted
35		pursuant to subsection (a) of this Section shall consider all

1		available information which may bear upon the issue of
2		transfer. All evidence helpful to the court in determining the
3		question of transfer, including oral and written reports
4		containing hearsay, may be relied upon to the extent of its
5		probative value, even though not competent for the purposes of
6		an adjudicatory hearing. The court shall consider, along with
7		any other relevant matter, the following:
8		1. The nature of the offense for which the minor was found
9		guilty and the length of the sentence the minor has to serve
10		and the record and previous history of the minor.
11		2. The record of the minor's adjustment within the
12		Department of Corrections' Juvenile Division, including, but
13		not limited to, reports from the minor's counselor, any
14		escapes, attempted escapes or violent or disruptive conduct on
15		the part of the minor, any tickets received by the minor,
16		summaries of classes attended by the minor, and any record of
17		work performed by the minor while in the institution.
18		3. The relative maturity of the minor based upon the
19		physical, psychological and emotional development of the
20		minor.
21		4. The record of the rehabilitative progress of the minor
22		and an assessment of the vocational potential of the minor.
23		5. An assessment of the necessity for transfer of the
24		minor, including, but not limited to, the availability of space
25		within the Department of Corrections, the disciplinary and
26		security problem which the minor has presented to the Juvenile
27		Division and the practicability of maintaining the minor in a
28		juvenile facility, whether resources have been exhausted
29		within the Juvenile Division of the Department of Corrections,
30		the availability of rehabilitative and vocational programs
31		within the Department of Corrections, and the anticipated
32		ability of the minor to adjust to confinement within an adult
33		institution based upon the minor's physical size and maturity.
34		All relevant factors considered under this subsection need
35		not be resolved against the juvenile in order to justify such
36		transfer. Access to social records, probation reports or any

1		other reports which are considered by the court for the purpose
2		of transfer shall be made available to counsel for the juvenile
3		at least 30 days prior to the date of the transfer hearing. The
4		Sentencing Court, upon granting a transfer order, shall
5		accompany such order with a statement of reasons.
6		(d) Whenever the Director or his designee determines that
7		the interests of safety, security and discipline require the
8		transfer to the Adult Division of a person 18 17 years or older
9		who was prosecuted under the provisions of the Criminal Code of
10		1961, as amended, and sentenced under the provisions of this
11		Act pursuant to Section 2-7 of the Juvenile Court Act or
12		Section 5-805 of the Juvenile Court Act of 1987 and committed
13		to the Juvenile Division under Section 5-8-6, the Director or
14		his designee may authorize the emergency transfer of such
15		person, unless the transfer of the person is governed by
16		subsection (e) of this Section. The sentencing court shall be
17		provided notice of any emergency transfer no later than 3 days
18		after the emergency transfer. Upon motion brought within 60
19		days of the emergency transfer by the sentencing court or any
20		party, the sentencing court may conduct a hearing pursuant to
21		the provisions of subsection (c) of this Section in order to
22		determine whether the person shall remain confined in the Adult
23		Division.
24		(e) The Director or his designee may authorize the
25		permanent transfer to the Adult Division of any person 18 years
26		or older who was prosecuted under the provisions of the
27		Criminal Code of 1961, as amended, and sentenced under the
28		provisions of this Act pursuant to Section 2-7 of the Juvenile
29		Court Act or Section 5-805 of the Juvenile Court Act of 1987
30		and committed to the Juvenile Division under Section 5-8-6 of
31		this Act. The Director or his designee shall be governed by the
32		following factors in determining whether to authorize the
33		permanent transfer of the person to the Adult Division:
34		1. The nature of the offense for which the person was found
35		guilty and the length of the sentence the person has to serve
36		and the record and previous history of the person.

1		2. The record of the person's adjustment within the
2		Department of Corrections' Juvenile Division, including, but
3		not limited to, reports from the person's counselor, any
4		escapes, attempted escapes or violent or disruptive conduct on
5		the part of the person, any tickets received by the person,
6		summaries of classes attended by the person, and any record of
7		work performed by the person while in the institution.
8		3. The relative maturity of the person based upon the
9		physical, psychological and emotional development of the
10		person.
11		4. The record of the rehabilitative progress of the person
12		and an assessment of the vocational potential of the person.
13		5. An assessment of the necessity for transfer of the
14		person, including, but not limited to, the availability of
15		space within the Department of Corrections, the disciplinary
16		and security problem which the person has presented to the
17		Juvenile Division and the practicability of maintaining the
18		person in a juvenile facility, whether resources have been
19		exhausted within the Juvenile Division of the Department of
20		Corrections, the availability of rehabilitative and vocational
21		programs within the Department of Corrections, and the
22		anticipated ability of the person to adjust to confinement
23		within an adult institution based upon the person's physical
24		size and maturity.
25		(Source: P.A. 90-590, eff. 1-1-99.)
26		(730 ILCS 5/5-8-6) (from Ch. 38, par. 1005-8-6)
27		Sec. 5-8-6. Place of Confinement. (a) Offenders sentenced
28		to a term of imprisonment for a felony shall be committed to
29		the penitentiary system of the Department of Corrections.
30		However, such sentence shall not limit the powers of the
31		Department of Children and Family Services in relation to any
32		child under the age of one year in the sole custody of a person
33		so sentenced, nor in relation to any child delivered by a
34		female so sentenced while she is so confined as a consequence
35		of such sentence. A person sentenced for a felony may be

1		assigned by the Department of Corrections to any of its
2		institutions, facilities or programs.
3		(b) Offenders sentenced to a term of imprisonment for less
4		than one year shall be committed to the custody of the sheriff.
5		A person committed to the Department of Corrections, prior to
6		July 14, 1983, for less than one year may be assigned by the
7		Department to any of its institutions, facilities or programs.
8		(c) All offenders under 18 17 years of age when sentenced
9		to imprisonment shall be committed to the Juvenile Division of
10		the Department of Corrections and the court in its order of
11		commitment shall set a definite term. Such order of commitment
12		shall be the sentence of the court which may be amended by the
13		court while jurisdiction is retained; and such sentence shall
14		apply whenever the offender sentenced is in the control and
15		custody of the Adult Division of the Department of Corrections.
16		The provisions of Section 3-3-3 shall be a part of such
17		commitment as fully as though written in the order of
18		commitment. The committing court shall retain jurisdiction of
19		the subject matter and the person until he or she reaches the
20		age of 21 unless earlier discharged. However, the Juvenile
21		Division of the Department of Corrections shall, after a
22		juvenile has reached 18 17 years of age, petition the court to
23		conduct a hearing pursuant to subsection (c) of Section 3-10-7
24		of this Code.
25		(d) No defendant shall be committed to the Department of
26		Corrections for the recovery of a fine or costs.
27		(e) When a court sentences a defendant to a term of
28		imprisonment concurrent with a previous and unexpired sentence
29		of imprisonment imposed by any district court of the United
30		States, it may commit the offender to the custody of the
31		Attorney General of the United States. The Attorney General of
32		the United States, or the authorized representative of the
33		Attorney General of the United States, shall be furnished with
34		the warrant of commitment from the court imposing sentence,
35		which warrant of commitment shall provide that, when the
36		offender is released from federal confinement, whether by

1		parole or by termination of sentence, the offender shall be
2		transferred by the Sheriff of the committing county to the
3		Department of Corrections. The court shall cause the Department
4		to be notified of such sentence at the time of commitment and
5		to be provided with copies of all records regarding the
6		sentence.
7		(Source: P.A. 83-1362.)