Public Act 90-0402 of the 90th General Assembly
Public Act 90-0402
SB171 Enrolled LRB9001868RCks
AN ACT to amend the Juvenile Court Act of 1987 by
changing Section 5-6.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 5-6 as follows:
(705 ILCS 405/5-6) (from Ch. 37, par. 805-6)
Sec. 5-6. Duty of officer; admissions by minor. (1) A
law enforcement officer who takes a minor into custody with a
warrant shall immediately make a reasonable attempt to notify
the parent or other person legally responsible for the
minor's care or the person with whom the minor resides that
the minor has been taken into custody and where he or she is
being held; and the officer shall without unnecessary delay
take the minor to the nearest juvenile police officer
designated for such purposes in the county of venue or shall
surrender the minor to a juvenile police officer in the city
or village where the offense is alleged to have been
committed.
The minor shall be delivered without unnecessary delay to
the court or to the place designated by rule or order of
court for the reception of minors.
(2) A law enforcement officer who takes a minor into
custody without a warrant under Section 5-5 shall, if the
minor is not released, immediately make a reasonable attempt
to notify the parent or other person legally responsible for
the minor's care or the person with whom the minor resides
that the minor has been taken into custody and where the
minor is being held; and the law enforcement officer shall
without unnecessary delay take the minor to the nearest
juvenile police officer designated for such purposes in the
county of venue or shall surrender the minor to a juvenile
police officer in the city or village where the offense is
alleged to have been committed.
(3) The juvenile police officer may take one of the
following actions:
(a) station adjustment with release of the minor;
(b) station adjustment with release of the minor to a
parent;
(c) station adjustment, release of the minor to a
parent, and referral of the case to community services;
(d) station adjustment, release of the minor to a
parent, and referral of the case to community services with
informal monitoring by a juvenile police officer;
(e) station adjustment and release of the minor to a
third person pursuant to agreement of the minor and parents;
(f) station adjustment, release of the minor to a third
person pursuant to agreement of the minor and parents, and
referral of the case to community services;
(g) station adjustment, release of the minor to a third
person pursuant to agreement of the minor and parent, and
referral to community services with informal monitoring by a
juvenile police officer;
(h) release of the minor to his or her parents and
referral of the case to a county juvenile probation officer
or such other public officer designated by the court;
(i) if the juvenile police officer reasonably believes
that there is an urgent and immediate necessity to keep the
minor in custody, the juvenile police officer shall deliver
the minor without unnecessary delay to the court or to the
place designated by rule or order of court for the reception
of minors;
(j) if the minor and a parent or guardian consent in
writing, the juvenile police officer may condition the
minor's release upon his or her agreement to perform public
or community service subject to Sections 1-12 and 1-13 of
this Act or to make restitution for damages; and
(k) any other appropriate action with consent of the
minor and a parent.
(3.5) (a) The county board or corporate authorities of
a municipality, or both, may create or contract with a
community based organization for teen court programs so
that private or public funds could be solicited for a
teen court program. A minor who is taken into custody for
an act that if committed by an adult would constitute a
misdemeanor may be referred to a teen court by the Office
of the State's Attorney as a diversion from prosecution
or by the juvenile police officer as a station
adjustment if a teen court program has been established
in the county or municipality where the act was committed
by the minor, the minor has not been previously
adjudicated a delinquent minor, and the minor has not
previously been referred to the teen court. The minor
and the minor's parent or legal guardian must approve, in
writing, the minor's participation in the teen court
program and shall be informed of the possible penalties
the court may impose.
(b) The county or municipality that created the
teen court program shall appoint a person to supervise
the program.
(c) The teen court shall consist of a jury composed
of 12 persons who are at least 10 years of age but under
19 years of age.
(d) The teen court shall be presided over by a
licensed attorney-at-law of this State or by a student
attending a law school approved by the Illinois Supreme
Court who has completed at least 1/3 of the curriculum
required for graduation who shall act as a judge.
(e) The prosecutor in the case shall be a person at
least 10 years of age but under 19 years of age. The
minor may be represented by a person at least 10 years of
age but under 19 years of age.
(f) A person who personally knows the minor who is
being tried by the teen court may not serve on the teen
court jury. With the consent of the supervisor of the
teen court program, a person who personally knows the
minor who is being tried may prosecute or represent the
minor at the proceedings.
(g) All teen court jury members, teen court
attorneys, judges, and observers are required to sign the
following oath of confidentiality prior to commencing
teen court proceedings:
"I solemnly swear or affirm that I will not
divulge, either by words or signs, any information
about actual cases which comes to my knowledge in
the course of a teen court case presentation and
that I will keep secret all proceedings which may be
held in my presence.
Further, I understand that if I break
confidentiality by telling anyone else the names of
teen court defendants or any other specific details
of the case which may identify that juvenile, I will
no longer be able to serve as a teen court
participant."
(h) A parent or legal guardian of the minor must be
present at the teen court proceeding.
(i) The teen court jury shall only be a sentencing
jury, in that it may order the minor to pay restitution
or perform community service or any other requirements
set out in writing by the program in advance of the
minor's participation.
(j) No person shall be liable for any injury
occurring to any person performing community service or
other activities ordered by the teen court, except for
willful or wanton conduct.
(4) The factors to be considered in determining whether
to release or keep a minor in custody shall include:
(a) the nature of the allegations against the minor;
(b) the minor's history and present situation;
(c) the history of the minor's family and the family's
present situation;
(d) the educational and employment status of the minor;
(e) the availability of special resource or community
services to aid or counsel the minor;
(f) the minor's past involvement with and progress in
social programs;
(g) the attitude of complainant and community toward the
minor; and
(h) the present attitude of the minor and family.
(5) The records of law enforcement officers concerning
all minors taken into custody under this Act shall be
maintained separate from the records of arrests and may not
be inspected by or disclosed to the public except by order of
the court.
(Source: P.A. 85-1209.)