Statutes > Illinois Statutes > CHAPTER 705 COURTS > 705 ILCS 405/ Juvenile Court Act of 1987. > Article V - Delinquent Minors

Article V - Delinquent Minors


      (705 ILCS 405/Art. V heading)
ARTICLE V. DELINQUENT MINORS

    (705 ILCS 405/5‑1) (from Ch. 37, par. 805‑1)
    Sec. 5‑1. (Repealed).
(Source: P.A. 85‑601. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑2) (from Ch. 37, par. 805‑2)
    Sec. 5‑2. (Repealed).
(Source: P.A. 85‑601. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑3) (from Ch. 37, par. 805‑3)
    Sec. 5‑3. (Repealed).
(Source: P.A. 86‑1475. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑4) (from Ch. 37, par. 805‑4)
    Sec. 5‑4. (Repealed).
(Source: P.A. 89‑498, eff. 6‑27‑96. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑5) (from Ch. 37, par. 805‑5)
    Sec. 5‑5. (Repealed).
(Source: P.A. 87‑1154. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑6) (from Ch. 37, par. 805‑6)
    Sec. 5‑6. (Repealed).
(Source: P.A. 90‑402, eff. 1‑1‑98. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑7) (from Ch. 37, par. 805‑7)
    Sec. 5‑7. (Repealed).
(Source: P.A. 89‑656, eff. 1‑1‑97. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑8) (from Ch. 37, par. 805‑8)
    Sec. 5‑8. (Repealed).
(Source: P.A. 85‑601. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑9) (from Ch. 37, par. 805‑9)
    Sec. 5‑9. (Repealed).
(Source: P.A. 85‑1443. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑10) (from Ch. 37, par. 805‑10)
    Sec. 5‑10. (Repealed).
(Source: P.A. 90‑14, eff. 7‑1‑97. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑10.5)
    Sec. 5‑10.5. (Repealed).
(Source: P.A. 89‑8, eff. 7‑1‑95. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑11) (from Ch. 37, par. 805‑11)
    Sec. 5‑11. (Repealed).
(Source: P.A. 85‑1209. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑12) (from Ch. 37, par. 805‑12)
    Sec. 5‑12. (Repealed).
(Source: P.A. 89‑198, eff. 7‑21‑95. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑13) (from Ch. 37, par. 805‑13)
    Sec. 5‑13. (Repealed).
(Source: P.A. 85‑1209. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑14) (from Ch. 37, par. 805‑14)
    Sec. 5‑14. (Repealed).
(Source: P.A. 88‑680, eff. 1‑1‑95. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑15) (from Ch. 37, par. 805‑15)
    Sec. 5‑15. (Repealed).
(Source: P.A. 86‑441. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑16) (from Ch. 37, par. 805‑16)
    Sec. 5‑16. (Repealed).
(Source: P.A. 85‑601. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑17) (from Ch. 37, par. 805‑17)
    Sec. 5‑17. (Repealed).
(Source: P.A. 85‑601. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑18) (from Ch. 37, par. 805‑18)
    Sec. 5‑18. (Repealed).
(Source: P.A. 86‑1475. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑19) (from Ch. 37, par. 805‑19)
    Sec. 5‑19. (Repealed).
(Source: P.A. 89‑235, eff. 8‑4‑95. Repealed by P.A. 90‑590, eff. 1‑1‑99)

    (705 ILCS 405/5‑20) (from Ch. 37, par. 805‑20)
    Sec. 5‑20. (Repealed).
(Source: P.A. 85‑601. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑21) (from Ch. 37, par. 805‑21)
    Sec. 5‑21. (Repealed).
(Source: P.A. 89‑626, eff. 8‑9‑96. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑22) (from Ch. 37, par. 805‑22)
    Sec. 5‑22. (Repealed).
(Source: P.A. 85‑601. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑23) (from Ch. 37, par. 805‑23)
    Sec. 5‑23. (Repealed).
(Source: P.A. 90‑14, eff. 7‑1‑97. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑24) (from Ch. 37, par. 805‑24)
    Sec. 5‑24. (Repealed).
(Source: P.A. 89‑198, eff. 7‑21‑95. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑25) (from Ch. 37, par. 805‑25)
    Sec. 5‑25. (Repealed).
(Source: P.A. 89‑198, eff. 7‑21‑95. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑26) (from Ch. 37, par. 805‑26)
    Sec. 5‑26. (Repealed).
(Source: P.A. 85‑601. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑27) (from Ch. 37, par. 805‑27)
    Sec. 5‑27. (Repealed).
(Source: P.A. 89‑462, eff. 5‑29‑96. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑28) (from Ch. 37, par. 805‑28)
    Sec. 5‑28. (Repealed).
(Source: P.A. 85‑601. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑29) (from Ch. 37, par. 805‑29)
    Sec. 5‑29. (Repealed).
(Source: P.A. 89‑422. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑30) (from Ch. 37, par. 805‑30)
    Sec. 5‑30. (Repealed).
(Source: P.A. 85‑601. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑31) (from Ch. 37, par. 805‑31)
    Sec. 5‑31. (Repealed).
(Source: P.A. 85‑601. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑32) (from Ch. 37, par. 805‑32)
    Sec. 5‑32. (Repealed).
(Source: P.A. 85‑601. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑33) (from Ch. 37, par. 805‑33)
    Sec. 5‑33. (Repealed).
(Source: P.A. 88‑680, eff. 1‑1‑95. Repealed by P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑34) (from Ch. 37, par. 805‑34)
    Sec. 5‑34. (Repealed).
(Source: P.A. 89‑8, eff. 7‑1‑95. Repealed by P.A. 90‑590, eff. 1‑1‑99.)


      (705 ILCS 405/Art. V Pt. 1 heading)
PART 1. GENERAL PROVISIONS

    (705 ILCS 405/5‑101)
    Sec. 5‑101. Purpose and policy.
    (1) It is the intent of the General Assembly to promote a juvenile justice system capable of dealing with the problem of juvenile delinquency, a system that will protect the community, impose accountability for violations of law and equip juvenile offenders with competencies to live responsibly and productively. To effectuate this intent, the General Assembly declares the following to be important purposes of this Article:
        (a) To protect citizens from juvenile crime.
        (b) To hold each juvenile offender directly
     accountable for his or her acts.
        (c) To provide an individualized assessment of each
     alleged and adjudicated delinquent juvenile, in order to rehabilitate and to prevent further delinquent behavior through the development of competency in the juvenile offender. As used in this Section, "competency" means the development of educational, vocational, social, emotional and basic life skills which enable a minor to mature into a productive member of society.
        (d) To provide due process, as required by the
     Constitutions of the United States and the State of Illinois, through which each juvenile offender and all other interested parties are assured fair hearings at which legal rights are recognized and enforced.
    (2) To accomplish these goals, juvenile justice policies developed pursuant to this Article shall be designed to:
        (a) Promote the development and implementation of
     community‑based programs designed to prevent unlawful and delinquent behavior and to effectively minimize the depth and duration of the minor's involvement in the juvenile justice system;
        (b) Provide secure confinement for minors who
     present a danger to the community and make those minors understand that sanctions for serious crimes, particularly violent felonies, should be commensurate with the seriousness of the offense and merit strong punishment;
        (c) Protect the community from crimes committed by
     minors;
        (d) Provide programs and services that are
     community‑based and that are in close proximity to the minor's home;
        (e) Allow minors to reside within their homes
     whenever possible and appropriate and provide support necessary to make this possible;
        (f) Base probation treatment planning upon
     individual case management plans;
        (g) Include the minor's family in the case
     management plan;
        (h) Provide supervision and service coordination
     where appropriate; implement and monitor the case management plan in order to discourage recidivism;
        (i) Provide post‑release services to minors who are
     returned to their families and communities after detention;
        (j) Hold minors accountable for their unlawful
     behavior and not allow minors to think that their delinquent acts have no consequence for themselves and others.
    (3) In all procedures under this Article, minors shall have all the procedural rights of adults in criminal proceedings, unless specifically precluded by laws that enhance the protection of such minors. Minors shall not have the right to a jury trial unless specifically provided by this Article.
(Source: P.A. 90‑590, eff. 1‑1‑99.)

    (705 ILCS 405/5‑105)
    Sec. 5‑105. Definitions. As used in this Article:
    (1) "Court" means the circuit court in a session or division assigned to hear proceedings under this Act, and includes the term Juvenile Court.
    (2) "Community service" means uncompensated labor for a community service agency as hereinafter defined.
    (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 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 delinquent minor for community service.
    (3) "Delinquent minor" means any minor who prior to his or her 17th birthday has violated or attempted to violate, regardless of where the act occurred, any federal or State law, county or municipal ordinance, and any minor who prior to his or her 18th birthday has violated or attempted to violate, regardless of where the act occurred, any federal, State, county or municipal law or ordinance classified as a misdemeanor offense.
    (4) "Department" means the Department of Human Services unless specifically referenced as another department.
    (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 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 custody pursuant to Section 5‑125 of this Act.
    (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.
    (7) "Juvenile detention home" means a public facility with specially trained staff that conforms to the county juvenile detention standards promulgated by the Department of Corrections.
    (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 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 families‑in‑need‑of‑services programs; aftercare and reentry services; substance abuse and mental health programs; community service programs; community service 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 and services enumerated in this subsection.
    (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, juvenile officer training approved by the Director of State Police.
    (10) "Minor" means a person under the age of 21 years subject to this Act.
    (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.
    (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.