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90_HB2146
705 ILCS 405/5-6 from Ch. 37, par. 805-6
Amends the Juvenile Court Act of 1987. Permits a
juvenile police officer to appoint a youth peer jury to
assign public or community service to a minor who committed
an act constituting an offense that is not a crime of
violence.
LRB9004861RCks
LRB9004861RCks
1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Section 5-6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Juvenile Court Act of 1987 is amended by
6 changing Section 5-6 as follows:
7 (705 ILCS 405/5-6) (from Ch. 37, par. 805-6)
8 Sec. 5-6. Duty of officer; admissions by minor. (1) A
9 law enforcement officer who takes a minor into custody with a
10 warrant shall immediately make a reasonable attempt to notify
11 the parent or other person legally responsible for the
12 minor's care or the person with whom the minor resides that
13 the minor has been taken into custody and where he or she is
14 being held; and the officer shall without unnecessary delay
15 take the minor to the nearest juvenile police officer
16 designated for such purposes in the county of venue or shall
17 surrender the minor to a juvenile police officer in the city
18 or village where the offense is alleged to have been
19 committed.
20 The minor shall be delivered without unnecessary delay to
21 the court or to the place designated by rule or order of
22 court for the reception of minors.
23 (2) A law enforcement officer who takes a minor into
24 custody without a warrant under Section 5-5 shall, if the
25 minor is not released, immediately make a reasonable attempt
26 to notify the parent or other person legally responsible for
27 the minor's care or the person with whom the minor resides
28 that the minor has been taken into custody and where the
29 minor is being held; and the law enforcement officer shall
30 without unnecessary delay take the minor to the nearest
31 juvenile police officer designated for such purposes in the
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1 county of venue or shall surrender the minor to a juvenile
2 police officer in the city or village where the offense is
3 alleged to have been committed.
4 (3) The juvenile police officer may take one of the
5 following actions:
6 (a) station adjustment with release of the minor;
7 (b) station adjustment with release of the minor to a
8 parent;
9 (c) station adjustment, release of the minor to a
10 parent, and referral of the case to community services;
11 (d) station adjustment, release of the minor to a
12 parent, and referral of the case to community services with
13 informal monitoring by a juvenile police officer;
14 (e) station adjustment and release of the minor to a
15 third person pursuant to agreement of the minor and parents;
16 (f) station adjustment, release of the minor to a third
17 person pursuant to agreement of the minor and parents, and
18 referral of the case to community services;
19 (g) station adjustment, release of the minor to a third
20 person pursuant to agreement of the minor and parent, and
21 referral to community services with informal monitoring by a
22 juvenile police officer;
23 (h) release of the minor to his or her parents and
24 referral of the case to a county juvenile probation officer
25 or such other public officer designated by the court;
26 (i) if the juvenile police officer reasonably believes
27 that there is an urgent and immediate necessity to keep the
28 minor in custody, the juvenile police officer shall deliver
29 the minor without unnecessary delay to the court or to the
30 place designated by rule or order of court for the reception
31 of minors;
32 (j) if the minor and a parent or guardian consent in
33 writing, the juvenile police officer may condition the
34 minor's release upon his or her agreement to perform public
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1 or community service subject to Sections 1-12 and 1-13 of
2 this Act or to make restitution for damages; and
3 (j-5) if the minor admits to the commission of the act
4 that constitutes a criminal offense, other than a crime of
5 violence as defined in the Crime Victims Compensation Act if
6 the act had been committed by an adult, and agrees to perform
7 public or community service assigned by a youth peer jury
8 appointed by the juvenile police officer, the juvenile police
9 officer, shall appoint a youth peer jury consisting of at
10 least 6 persons and not more than 12 persons under 18 years
11 of age who reside within a 5 mile geographic area of the
12 minor to assign public or community service to be performed
13 by the minor; and
14 (k) any other appropriate action with consent of the
15 minor and a parent.
16 (4) The factors to be considered in determining whether
17 to release or keep a minor in custody shall include:
18 (a) the nature of the allegations against the minor;
19 (b) the minor's history and present situation;
20 (c) the history of the minor's family and the family's
21 present situation;
22 (d) the educational and employment status of the minor;
23 (e) the availability of special resource or community
24 services to aid or counsel the minor;
25 (f) the minor's past involvement with and progress in
26 social programs;
27 (g) the attitude of complainant and community toward the
28 minor; and
29 (h) the present attitude of the minor and family.
30 (5) The records of law enforcement officers concerning
31 all minors taken into custody under this Act shall be
32 maintained separate from the records of arrests and may not
33 be inspected by or disclosed to the public except by order of
34 the court.
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1 (Source: P.A. 85-1209.)