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| Public Act 103-0027 | ||||
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by | ||||
changing Sections 5-105, 5-120, and 5-135 as follows:
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(705 ILCS 405/5-105)
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Sec. 5-105. Definitions. As used in this Article:
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(1) "Aftercare release" means the conditional and | ||||
revocable release of an adjudicated delinquent juvenile | ||||
committed to the Department of Juvenile Justice under the | ||||
supervision of the Department of Juvenile Justice. | ||||
(1.5) "Court" means the circuit court in a session or | ||||
division
assigned to hear proceedings under this Act, and | ||||
includes the term Juvenile
Court.
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(2) "Community service" means uncompensated labor for | ||||
a community service
agency as hereinafter defined.
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(2.5) "Community service agency" means a | ||||
not-for-profit organization,
community
organization, | ||||
church, charitable organization, individual, public | ||||
office,
or other public body whose purpose is to enhance
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the physical or mental health of a delinquent minor or to | ||||
rehabilitate the
minor, or to improve the environmental | ||||
quality or social welfare of the
community which agrees to | ||||
accept community service from juvenile delinquents
and to | ||
report on the progress of the community service to the | ||
State's
Attorney pursuant to an agreement or to the court | ||
or to any agency designated
by the court or to the | ||
authorized diversion program that has referred the
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delinquent minor for community service.
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(3) "Delinquent minor" means any minor who prior to | ||
the minor's his or her 18th birthday has violated or | ||
attempted to violate an Illinois , regardless of where the | ||
act occurred, any federal, State, county, or municipal law | ||
or ordinance.
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(4) "Department" means the Department of Human | ||
Services unless specifically
referenced as another | ||
department.
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(5) "Detention" means the temporary care of a minor | ||
who is alleged to be or
has been adjudicated
delinquent | ||
and who requires secure custody for the minor's own
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protection or the community's protection in a facility | ||
designed to physically
restrict the minor's movements, | ||
pending disposition by the court or
execution of an order | ||
of the court for placement or commitment. Design
features | ||
that physically restrict movement include, but are not | ||
limited to,
locked rooms and the secure handcuffing of a | ||
minor to a rail or other
stationary object. In addition, | ||
"detention" includes the court ordered
care of an alleged | ||
or adjudicated delinquent minor who requires secure
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custody pursuant to Section 5-125 of this Act.
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(6) "Diversion" means the referral of a juvenile, | ||
without court
intervention,
into a program that provides | ||
services designed to educate the juvenile and
develop a | ||
productive and responsible approach to living in the | ||
community.
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(7) "Juvenile detention home" means a public facility | ||
with specially trained
staff that conforms to the county | ||
juvenile detention standards adopted by
the Department of | ||
Juvenile Justice.
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(8) "Juvenile justice continuum" means a set of | ||
delinquency prevention
programs and services designed for | ||
the purpose of preventing or reducing
delinquent acts, | ||
including criminal activity by youth gangs, as well as
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intervention, rehabilitation, and prevention services | ||
targeted at minors who
have committed delinquent acts,
and | ||
minors who have previously been committed to residential | ||
treatment programs
for delinquents. The term includes | ||
children-in-need-of-services and
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families-in-need-of-services programs; aftercare and | ||
reentry services;
substance abuse and mental health | ||
programs;
community service programs; community service
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work programs; and alternative-dispute resolution programs | ||
serving
youth-at-risk of delinquency and their families, | ||
whether offered or delivered
by State or
local | ||
governmental entities, public or private for-profit or | ||
not-for-profit
organizations, or religious or charitable | ||
organizations. This term would also
encompass any program | ||
or service consistent with the purpose of those programs
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and services enumerated in this subsection.
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(9) "Juvenile police officer" means a sworn police | ||
officer who has completed
a Basic Recruit Training Course, | ||
has been assigned to the position of juvenile
police | ||
officer by his or her chief law enforcement officer and | ||
has completed
the necessary juvenile officers training as | ||
prescribed by the Illinois Law
Enforcement Training | ||
Standards Board, or in the case of a State police officer,
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juvenile officer training approved by the Director of the | ||
Illinois State
Police.
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(10) "Minor" means a person under the age of 21 years | ||
subject to this Act.
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(11) "Non-secure custody" means confinement where the | ||
minor is not
physically
restricted by being placed in a | ||
locked cell or room, by being handcuffed to a
rail or other | ||
stationary object, or by other means. Non-secure custody | ||
may
include, but is not limited to, electronic monitoring, | ||
foster home placement,
home confinement, group home | ||
placement, or physical restriction of movement or
activity | ||
solely through facility staff.
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(12) "Public or community service" means uncompensated | ||
labor for a
not-for-profit organization
or public body | ||
whose purpose is to enhance physical or mental stability | ||
of the
offender, environmental quality or the social | ||
welfare and which agrees to
accept public or community | ||
service from offenders and to report on the progress
of | ||
the offender and the public or community service to the | ||
court or to the
authorized diversion program that has | ||
referred the offender for public or
community
service. | ||
"Public or community service" does not include blood | ||
donation or assignment to labor at a blood bank. For the | ||
purposes of this Act, "blood bank" has the meaning | ||
ascribed to the term in Section 2-124 of the Illinois | ||
Clinical Laboratory and Blood Bank Act.
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(13) "Sentencing hearing" means a hearing to determine | ||
whether a minor
should
be adjudged a ward of the court, and | ||
to determine what sentence should be
imposed on the minor. | ||
It is the intent of the General Assembly that the term
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"sentencing hearing" replace the term "dispositional | ||
hearing" and be synonymous
with that definition as it was | ||
used in the Juvenile Court Act of 1987.
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(14) "Shelter" means the temporary care of a minor in | ||
physically
unrestricting facilities pending court | ||
disposition or execution of court order
for placement.
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(15) "Site" means a not-for-profit organization, | ||
public
body, church, charitable organization, or | ||
individual agreeing to
accept
community service from | ||
offenders and to report on the progress of ordered or
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required public or community service to the court or to | ||
the authorized
diversion program that has referred the | ||
offender for public or community
service.
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(16) "Station adjustment" means the informal or formal | ||
handling of an
alleged
offender by a juvenile police | ||
officer.
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(17) "Trial" means a hearing to determine whether the | ||
allegations of a
petition under Section 5-520 that a minor | ||
is delinquent are proved beyond a
reasonable doubt. It is | ||
the intent of the General Assembly that the term
"trial" | ||
replace the term "adjudicatory hearing" and be synonymous | ||
with that
definition as it was used in the Juvenile Court | ||
Act of 1987.
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The changes made to this Section by Public Act 98-61 apply | ||
to violations or attempted violations committed on or after | ||
January 1, 2014 (the effective date of Public Act 98-61). | ||
(Source: P.A. 102-538, eff. 8-20-21.)
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(705 ILCS 405/5-120)
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Sec. 5-120. Exclusive jurisdiction. Proceedings may be | ||
instituted under the provisions of this Article concerning
any | ||
minor who prior to his or her 18th birthday has violated or | ||
attempted to violate an Illinois , regardless of where the act | ||
occurred, any federal, State, county, or municipal law or | ||
ordinance. Except as provided in Sections 5-125, 5-130,
5-805, | ||
and 5-810 of this Article, no minor who was under 18 years of | ||
age at the
time of the alleged offense may be prosecuted under | ||
the criminal laws of this
State.
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The changes made to this Section by this amendatory Act of | ||
the 98th General Assembly apply to violations or attempted | ||
violations committed on or after the effective date of this | ||
amendatory Act. | ||
(Source: P.A. 98-61, eff. 1-1-14.)
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(705 ILCS 405/5-135)
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Sec. 5-135. Venue.
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(1) If the offense is committed either wholly or partly | ||
within the State of Illinois, venue Venue under this Article | ||
lies in the county where the minor resides,
where the alleged | ||
violation or attempted violation of federal or State
law or | ||
county or municipal ordinance occurred or in the county where
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the order of the court, alleged to have been violated by the | ||
minor, was made
unless subsequent to the order the proceedings | ||
have been transferred to another
county.
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(2) If proceedings are commenced in any county other than | ||
that of the
minor's residence, the court in which the | ||
proceedings were initiated may at any
time before or after | ||
adjudication of wardship transfer the case to the county
of | ||
the minor's residence by transmitting to the court in that | ||
county an
authenticated copy of the court record, including | ||
all documents, petitions and
orders filed in that court, a | ||
copy of all reports prepared by the agency
providing services | ||
to the minor, and the minute orders and docket entries of
the | ||
court. Transfer in like manner may be made in the event of a | ||
change of
residence from one county to another of a minor | ||
concerning whom proceedings
are pending.
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(Source: P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.)
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