Chapter 705, COURTS

(705 ILCS 405/5-130) Sec. 5-130. Excluded jurisdiction. (1)(a) The definition of delinquent minor under Section 5-120 of this Article shall not apply to any minor who at the time of an offense was at least 16 years of age and who is charged with: (i) first degree murder, (ii) agg…

(705 ILCS 405/5-135) Sec. 5-135. Venue. (1) If the offense is committed either wholly or partly within the State of Illinois, venue under this Article lies in the county where the minor resides, where the alleged violation or attempted violation of State law or county or municipa…

(705 ILCS 405/5-140) Sec. 5-140. Legislative findings. (a) The General Assembly finds that a substantial and disproportionate amount of serious crime is committed by a relatively small number of juvenile offenders, otherwise known as serious habitual offenders. By this amendatory…

(705 ILCS 405/5-145) Sec. 5-145. Cooperation of agencies; Serious Habitual Offender Comprehensive Action Program. (a) The Serious Habitual Offender Comprehensive Action Program (SHOCAP) is a multi-disciplinary interagency case management and information sharing system that enable…

(705 ILCS 405/5-150) Sec. 5-150. Admissibility of evidence and adjudications in other proceedings. (1) Evidence and adjudications in proceedings under this Act shall be admissible: (a) in subsequent proceedings under this Act concerning the same minor; or (b) in criminal proceedi…

(705 ILCS 405/5-155) Sec. 5-155. Any weapon in possession of a minor found to be a delinquent under Section 5-105 for an offense involving the use of a weapon or for being in possession of a weapon during the commission of an offense shall be confiscated and disposed of by the ju…

(705 ILCS 405/5-160) Sec. 5-160. Liability for injury, loss, or tortious acts. Neither the State or any unit of local government, probation department, or public or community service program or site, nor any official, volunteer, or employee of the State or a unit of local governm…

(705 ILCS 405/5-165) Sec. 5-165. Minor as employee. No minor assigned to a public or community service program by either a court or an authorized diversion program is considered an employee for any purpose, nor is the county board obligated to provide compensation to the minor. (…

(705 ILCS 405/5-170) Sec. 5-170. Representation by counsel. (a) In a proceeding under this Article, a minor who was under 15 years of age at the time of the commission of an act that if committed by an adult would be a violation of Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.…

(705 ILCS 405/5-175) Sec. 5-175. Minor accused of status offense or misdemeanor. It is an affirmative defense to any status or misdemeanor offense that would not be illegal if committed by an adult that a minor who is a victim of an offense defined in Section 10-9 of the Criminal…

(705 ILCS 405/5-201) Sec. 5-201. Legislative declaration. The General Assembly recognizes that, despite the large investment of resources committed to address the needs of the juvenile justice system of this State, cost of juvenile crime continues to drain the State's existing fi…

(705 ILCS 405/5-300) Sec. 5-300. Legislative Declaration. The General Assembly recognizes that a major component of any continuum for delinquency prevention is a series of immediate interaction programs. It is the belief of the General Assembly that each community or group of com…

(705 ILCS 405/5-301) Sec. 5-301. Station adjustments. A minor arrested for any offense or a violation of a condition of previous station adjustment may receive a station adjustment for that arrest as provided herein. In deciding whether to impose a station adjustment, either info…

(705 ILCS 405/5-305) Sec. 5-305. Probation adjustment. (1) The court may authorize the probation officer to confer in a preliminary conference with a minor who is alleged to have committed an offense, the minor's parent, guardian or legal custodian, the victim, the juvenile polic…

(705 ILCS 405/5-310) (Text of Section before amendment by P.A. 104-668) Sec. 5-310. Community mediation program. (1) Program purpose. The purpose of community mediation is to provide a system by which minors who commit delinquent acts may be dealt with in a speedy and informal ma…

(705 ILCS 405/5-315) Sec. 5-315. Teen court. The county board or corporate authorities of a municipality, or both, may create or contract with a community based organization for teen court programs. (Source: P.A. 90-590, eff. 1-1-99.)

(705 ILCS 405/5-325) Sec. 5-325. Reports to the State's Attorney. Upon the request of the State's Attorney in the county where it is alleged that a minor has committed a crime, any school or law enforcement agency that has knowledge of those allegations shall forward information …

(705 ILCS 405/5-330) Sec. 5-330. State's Attorney's discretion to prosecute. Nothing in this Article shall divest the authority of the State's Attorney to file appropriate charges for violations of this Article if he or she has probable cause to believe that the violations have o…

(705 ILCS 405/5-401) Sec. 5-401. Arrest and taking into custody of a minor. (1) A law enforcement officer may, without a warrant, (a) arrest a minor whom the officer with probable cause believes to be a delinquent minor; or (b) take into custody a minor who has been adjudged a wa…

(705 ILCS 405/5-401.5) Sec. 5-401.5. When statements by minor may be used. (a) In this Section, "custodial interrogation" means any interrogation (i) during which a reasonable person in the subject's position would consider the subject to be in custody and (ii) during which a que…

(705 ILCS 405/5-401.6) Sec. 5-401.6. Prohibition of deceptive tactics. (a) In this Section: "Custodial interrogation" means any interrogation (i) during which a reasonable person in the subject's position would consider the subject to be in custody and (ii) during which a questio…

(705 ILCS 405/5-405) Sec. 5-405. Duty of officer; admissions by minor. (1) A law enforcement officer who arrests a minor 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 who…

(705 ILCS 405/5-407) Sec. 5-407. Processing of juvenile in possession of a firearm. (a) If a law enforcement officer detains a minor pursuant to Section 10-27.1A of the School Code, the officer shall deliver the minor to the nearest juvenile officer, in the manner prescribed by s…

(705 ILCS 405/5-410) Sec. 5-410. Non-secure custody or detention. (1) Placement of a minor away from his or her home must be a last resort and the least restrictive alternative available. Any minor arrested or taken into custody pursuant to this Act who requires care away from th…

(705 ILCS 405/5-415) Sec. 5-415. Setting of detention or shelter care hearing; release. (1) Unless sooner released, a minor alleged to be a delinquent minor taken into temporary custody must be brought before a judicial officer within 40 hours for a detention or shelter care hear…

(705 ILCS 405/5-501) Sec. 5-501. Detention or shelter care hearing. At the appearance of the minor before the court at the detention or shelter care hearing, the court shall receive all relevant information and evidence, including affidavits concerning the allegations made in the…

(705 ILCS 405/5-505) Sec. 5-505. Pre-trial conditions order. (1) If a minor is charged with the commission of a delinquent act, at any appearance of the minor before the court prior to trial, the court may conduct a hearing to determine whether the minor should be required to do …

(705 ILCS 405/5-510) Sec. 5-510. Restraining order against juvenile. (1) If a minor is charged with the commission of a delinquent act, the court may conduct a hearing to determine whether an order shall be issued against the minor restraining the minor from harassing, molesting,…

(705 ILCS 405/5-515) Sec. 5-515. Medical, dental, and pharmaceutical treatment and care. (a) At all times during temporary custody, detention or shelter care, the court may authorize a physician, a hospital or any other appropriate health care provider to provide medical, dental …

(705 ILCS 405/5-520) Sec. 5-520. Petition; supplemental petitions. (1) The State's Attorney may file, or the court on its own motion may direct the filing through the State's Attorney of, a petition in respect to a minor under this Act. The petition and all subsequent court docum…

(705 ILCS 405/5-525) Sec. 5-525. Service. (1) Service by summons. (a) Upon the commencement of a delinquency prosecution, the clerk of the court shall issue a summons with a copy of the petition attached. The summons shall be directed to the minor's parent, guardian or legal cust…

(705 ILCS 405/5-530) Sec. 5-530. Notice. (1) A party presenting a supplemental or amended petition or motion to the court shall provide the other parties with a copy of any supplemental or amended petition, motion or accompanying affidavit not yet served upon that party, and shal…

(705 ILCS 405/5-601) Sec. 5-601. Trial. (1) When a petition has been filed alleging that the minor is a delinquent, a trial must be held within 120 days of a written demand for such hearing made by any party, except that when the State, without success, has exercised due diligenc…

(705 ILCS 405/5-605) Sec. 5-605. Trials, pleas, guilty but mentally ill and not guilty by reason of insanity. (1) Method of trial. All delinquency proceedings shall be heard by the court except those proceedings under this Act where the right to trial by jury is specifically set …

(705 ILCS 405/5-610) Sec. 5-610. Guardian ad litem and appointment of attorney. (1) The court may appoint a guardian ad litem for the minor whenever it finds that there may be a conflict of interest between the minor and the minor's parent, guardian, or legal custodian or that it…

(705 ILCS 405/5-615) Sec. 5-615. Continuance under supervision. (1) The court may enter an order of continuance under supervision for an offense other than first degree murder, a Class X felony or a forcible felony: (a) upon an admission or stipulation by the appropriate responde…

(705 ILCS 405/5-620) Sec. 5-620. Findings. After hearing the evidence, the court shall make and note in the minutes of the proceeding a finding of whether or not the minor is guilty. If it finds that the minor is not guilty, the court shall order the petition dismissed and the mi…

(705 ILCS 405/5-625) Sec. 5-625. Absence of minor. (1) When a minor after arrest and an initial court appearance for a felony, fails to appear for trial, at the request of the State and after the State has affirmatively proven through substantial evidence that the minor is willfu…

(705 ILCS 405/5-701) Sec. 5-701. Social investigation report. Upon the order of the court, a social investigation report shall be prepared and delivered to the parties at least 3 days prior to the sentencing hearing. The written report of social investigation shall include an inv…

(705 ILCS 405/5-705) (Text of Section before amendment by P.A. 104-668) Sec. 5-705. Sentencing hearing; evidence; continuance. (1) In this subsection (1), "violent crime" has the same meaning ascribed to the term in subsection (c) of Section 3 of the Rights of Crime Victims and W…

(705 ILCS 405/5-710) Sec. 5-710. Kinds of sentencing orders. (1) The following kinds of sentencing orders may be made in respect of wards of the court: (a) Except as provided in Sections 5-805, 5-810, and 5-815, a minor who is found guilty under Section 5-620 may be: (i) put on p…

(705 ILCS 405/5-711) Sec. 5-711. Family Support Program services; hearing. (a) Any minor who is placed in the guardianship of the Department of Children and Family Services under Section 5-710 while an application for the Family Support Program was pending with the Department of …

(705 ILCS 405/5-715) (Text of Section before amendment by P.A. 104-766) Sec. 5-715. Probation. (1) The period of probation or conditional discharge shall not exceed 5 years or until the minor has attained the age of 21 years, whichever is less, except as provided in this Section …

(705 ILCS 405/5-720) Sec. 5-720. Probation revocation. (1) If a petition is filed charging a violation of a condition of probation or of conditional discharge, the court shall: (a) order the minor to appear; or (b) order the minor's detention if the court finds that the detention…

(705 ILCS 405/5-725) Sec. 5-725. Protective supervision. If the sentencing order releases the minor to the custody of the minor's parents, guardian or legal custodian, or continues the minor in such custody, the court may place the person having custody of the minor, except for r…

(705 ILCS 405/5-730) Sec. 5-730. Order of protection. (1) The court may make an order of protection in assistance of or as a condition of any other order authorized by this Act. The order of protection may set forth reasonable conditions of behavior to be observed for a specified…

(705 ILCS 405/5-735) Sec. 5-735. Enforcement of orders of protective supervision or of protection. (1) Orders of protective supervision and orders of protection may be enforced by citation to show cause for contempt of court by reason of any violation of the order and, where prot…

(705 ILCS 405/5-740) Sec. 5-740. Placement; legal custody or guardianship. (1) If the court finds that the parents, guardian, or legal custodian of a minor adjudged a ward of the court are unfit or are unable, for some reason other than financial circumstances alone, to care for,…

(705 ILCS 405/5-745) (Text of Section from P.A. 104-559) Sec. 5-745. Court review. (1) The court may require any legal custodian or guardian of the person appointed under this Act, including the Department of Juvenile Justice for youth committed under Section 5-750 of this Act, t…

(705 ILCS 405/5-750) (Text of Section before amendment by P.A. 104-830) Sec. 5-750. Commitment to the Department of Juvenile Justice. (1) Except as provided in subsection (2) of this Section, when any delinquent has been adjudged a ward of the court under this Act, the court may …