§ 5-305 — Probation adjustment

Illinois § 5-305

• Jurisdiction: Illinois
• Topic: RIGHTS AND REMEDIES
• Ch. 705: COURTS
• Act 705 ILCS 405/: Juvenile Court Act of 1987.
• Art.: Article V - Delinquent Minors

Text

(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 police officer, the State's Attorney, and other interested persons concerning the advisability of filing a petition under Section 5-520, with a view to adjusting suitable cases without the filing of a petition as provided for in this Article, the probation officer should schedule a conference promptly except when the State's Attorney insists on court action or when the minor has indicated that the minor will demand a judicial hearing and will not comply with a probation adjustment. (1-b) In any case of a minor who is in custody, the holding of a probation adjustment conference does not operate to prolong temporary custody beyond the period permitted by Section 5-415. (2) This Section does not authorize any probation officer to compel any person to appear at any conference, produce any papers, or visit any place. (3) No statement made during a preliminary conference in regard to the offense that is the subject of the conference may be admitted into evidence at an adjudicatory hearing or at any proceeding against the minor under the criminal laws of this State prior to the minor's conviction under those laws. (4) When a probation adjustment is appropriate, the probation officer shall promptly formulate a written, non-judicial adjustment plan following the initial conference. (5) Non-judicial probation adjustment plans include but are not limited to the following: (a) up to 6 months informal supervision within the family; (b) up to 12 months informal supervision with a probation officer involved which may include any conditions of probation provided in Section 5-715; (c) up to 6 months informal supervision with release to a person other than a parent; (d) referral to special educational, counseling, or other rehabilitative social or educational programs; (e) referral to residential treatment programs; (f) participation in a public or community service program or activity; and (g) any other appropriate action with the consent of the minor and a parent. (6) The factors to be considered by the probation officer in formulating a non-judicial probation adjustment plan shall be the same as those limited in subsection (4) of Section 5-405. (7) Beginning January 1, 2000, the probation officer who imposes a probation adjustment plan shall assure that information about an offense which would constitute a felony if committed by an adult, and may assure that information about a misdemeanor offense, is transmitted to the Illinois State Police. (8) If the minor fails to comply with any term or condition of the non-judicial probation adjustment, the matter shall be referred to the State's Attorney for determination of whether a petition under this Article shall be filed.

Legislative History

(Source: P.A. 102-538, eff. 8-20-21; 103-22, eff. 8-8-23.)