Illinois Senate Bill SB1463 Latest Draft

                            Public Act 103-0379
SB1463 EnrolledLRB103 25983 RLC 52337 b SB1463 Enrolled LRB103 25983 RLC 52337 b
SB1463 Enrolled LRB103 25983 RLC 52337 b
AN ACT concerning minors.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Section 5-1101.3 as follows:
(55 ILCS 5/5-1101.3)
Sec. 5-1101.3. Additional fees to finance new judicial
facilities. The county boards of Kane County, Kendall County,
and Will County may by ordinance impose a judicial facilities
fee to be used for the building of new judicial facilities.
(a) In setting such fee, the county board, with the
concurrence of the Chief Judge of the applicable judicial
circuit or the presiding judge of the county in a multi-county
judicial circuit, may impose different rates for the various
types or categories of civil and criminal cases, not to exceed
$30. The fees are to be paid as follows:
(1) In civil cases, the fee shall be paid by each party
at the time of filing the first pleading, paper, or other
appearance; provided that no additional fee shall be
required if more than one party is represented in a single
pleading, paper, or other appearance.
(2) In felony, misdemeanor, local or county ordinance,
traffic, and conservation cases, the fee shall be assessed

 

SB1463 Enrolled LRB103 25983 RLC 52337 b


against the defendant upon the entry of a judgment of
conviction, an order of supervision, or a sentence of
probation without entry of judgment pursuant to Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
the Criminal Code of 1961 or the Criminal Code of 2012,
Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, or Section 10 of the Steroid Control Act.
(2.5) Fines and assessments, such as fees or
administrative costs, authorized under this Section shall
not be ordered or imposed on a minor subject to Article
III, IV, or V of the Juvenile Court Act of 1987, or a minor
under the age of 18 transferred to adult court or excluded
from juvenile court jurisdiction under Article V of the
Juvenile Court Act of 1987, or the minor's parent,
guardian, or legal custodian.
(3) In local or county ordinance, traffic, and
conservation cases, if fines are paid in full without a
court appearance, then the fee shall not be imposed or
collected.
(b) The proceeds of all fees enacted under this Section
must be deposited into the county's Judicial Department
Facilities Construction Fund and used for the sole purpose of
funding in whole or in part the costs associated with building


new judicial facilities within the county, which shall be
designed and constructed by the county board with the
concurrence of the Chief Judge of the applicable judicial
circuit or the presiding judge of the county in a multi-county
judicial circuit.
(Source: P.A. 102-1021, eff. 7-1-22.)
Section 10. The Clerks of Courts Act is amended by
changing Sections 27.1b and 27.3b-1 as follows:
(705 ILCS 105/27.1b)
(Section scheduled to be repealed on January 1, 2024)
Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
other provision of law, all fees charged by the clerks of the
circuit court for the services described in this Section shall
be established, collected, and disbursed in accordance with
this Section. Except as otherwise specified in this Section,
all fees under this Section shall be paid in advance and
disbursed by each clerk on a monthly basis. In a county with a
population of over 3,000,000, units of local government and
school districts shall not be required to pay fees under this
Section in advance and the clerk shall instead send an
itemized bill to the unit of local government or school
district, within 30 days of the fee being incurred, and the
unit of local government or school district shall be allowed
at least 30 days from the date of the itemized bill to pay;


these payments shall be disbursed by each clerk on a monthly
basis. Unless otherwise specified in this Section, the amount
of a fee shall be determined by ordinance or resolution of the
county board and remitted to the county treasurer to be used
for purposes related to the operation of the court system in
the county. In a county with a population of over 3,000,000,
any amount retained by the clerk of the circuit court or
remitted to the county treasurer shall be subject to
appropriation by the county board.
(a) Civil cases. The fee for filing a complaint, petition,
or other pleading initiating a civil action shall be as set
forth in the applicable schedule under this subsection in
accordance with case categories established by the Supreme
Court in schedules.
(1) SCHEDULE 1: not to exceed a total of $366 in a
county with a population of 3,000,000 or more and not to
exceed $316 in any other county, except as applied to
units of local government and school districts in counties
with more than 3,000,000 inhabitants an amount not to
exceed $190 through December 31, 2021 and $184 on and
after January 1, 2022. The fees collected under this
schedule shall be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and in an amount not to exceed $45 in
any other county determined by the clerk with the


approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund; and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $290 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $250 in any other county, as specified by
ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.
(2) SCHEDULE 2: not to exceed a total of $357 in a
county with a population of 3,000,000 or more and not to
exceed $266 in any other county, except as applied to
units of local government and school districts in counties
with more than 3,000,000 inhabitants an amount not to


exceed $190 through December 31, 2021 and $184 on and
after January 1, 2022. The fees collected under this
schedule shall be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and in an amount not to exceed $45 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund: and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $281 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $200 in any other county, as specified by
ordinance or resolution passed by the county board,


for purposes related to the operation of the court
system in the county.
(3) SCHEDULE 3: not to exceed a total of $265 in a
county with a population of 3,000,000 or more and not to
exceed $89 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$190 through December 31, 2021 and $184 on and after
January 1, 2022. The fees collected under this schedule
shall be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and in an amount not to exceed $22 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit $11 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts in accordance with the clerk's
instructions, as follows:
(i) $2 into the Access to Justice Fund; and
(ii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $199 in a county


with a population of 3,000,000 or more and in an amount
not to exceed $56 in any other county, as specified by
ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.
(4) SCHEDULE 4: $0.
(b) Appearance. The fee for filing an appearance in a
civil action, including a cannabis civil law action under the
Cannabis Control Act, shall be as set forth in the applicable
schedule under this subsection in accordance with case
categories established by the Supreme Court in schedules.
(1) SCHEDULE 1: not to exceed a total of $230 in a
county with a population of 3,000,000 or more and not to
exceed $191 in any other county, except as applied to
units of local government and school districts in counties
with more than 3,000,000 inhabitants an amount not to
exceed $75. The fees collected under this schedule shall
be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $50 in a county with a population of
3,000,000 or more and in an amount not to exceed $45 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit up to $21 to the State


Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund; and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $159 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $125 in any other county, as specified by
ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.
(2) SCHEDULE 2: not to exceed a total of $130 in a
county with a population of 3,000,000 or more and not to
exceed $109 in any other county, except as applied to
units of local government and school districts in counties
with more than 3,000,000 inhabitants an amount not to
exceed $75. The fees collected under this schedule shall
be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $50 in a county with a population of


3,000,000 or more and in an amount not to exceed $10 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit $9 to the State
Treasurer, which the State Treasurer shall deposit
into the Supreme Court Special Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $71 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $90 in any other county, as specified by
ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.
(3) SCHEDULE 3: $0.
(b-5) Kane County and Will County. In Kane County and Will
County civil cases, there is an additional fee of up to $30 as
set by the county board under Section 5-1101.3 of the Counties
Code to be paid by each party at the time of filing the first
pleading, paper, or other appearance; provided that no
additional fee shall be required if more than one party is
represented in a single pleading, paper, or other appearance.
Distribution of fees collected under this subsection (b-5)
shall be as provided in Section 5-1101.3 of the Counties Code.
(c) Counterclaim or third party complaint. When any


defendant files a counterclaim or third party complaint, as
part of the defendant's answer or otherwise, the defendant
shall pay a filing fee for each counterclaim or third party
complaint in an amount equal to the filing fee the defendant
would have had to pay had the defendant brought a separate
action for the relief sought in the counterclaim or third
party complaint, less the amount of the appearance fee, if
any, that the defendant has already paid in the action in which
the counterclaim or third party complaint is filed.
(d) Alias summons. The clerk shall collect a fee not to
exceed $6 in a county with a population of 3,000,000 or more
and not to exceed $5 in any other county for each alias summons
or citation issued by the clerk, except as applied to units of
local government and school districts in counties with more
than 3,000,000 inhabitants an amount not to exceed $5 for each
alias summons or citation issued by the clerk.
(e) Jury services. The clerk shall collect, in addition to
other fees allowed by law, a sum not to exceed $212.50, as a
fee for the services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding for the
exercise of the right of eminent domain and in every other
action wherein the right of trial by jury is or may be given by
law. The jury fee shall be paid by the party demanding a jury
at the time of filing the jury demand. If the fee is not paid
by either party, no jury shall be called in the action or
proceeding, and the action or proceeding shall be tried by the


court without a jury.
(f) Change of venue. In connection with a change of venue:
(1) The clerk of the jurisdiction from which the case
is transferred may charge a fee, not to exceed $40, for the
preparation and certification of the record; and
(2) The clerk of the jurisdiction to which the case is
transferred may charge the same filing fee as if it were
the commencement of a new suit.
(g) Petition to vacate or modify.
(1) In a proceeding involving a petition to vacate or
modify any final judgment or order filed within 30 days
after the judgment or order was entered, except for an
eviction case, small claims case, petition to reopen an
estate, petition to modify, terminate, or enforce a
judgment or order for child or spousal support, or
petition to modify, suspend, or terminate an order for
withholding, the fee shall not exceed $60 in a county with
a population of 3,000,000 or more and shall not exceed $50
in any other county, except as applied to units of local
government and school districts in counties with more than
3,000,000 inhabitants an amount not to exceed $50.
(2) In a proceeding involving a petition to vacate or
modify any final judgment or order filed more than 30 days
after the judgment or order was entered, except for a
petition to modify, terminate, or enforce a judgment or
order for child or spousal support, or petition to modify,


suspend, or terminate an order for withholding, the fee
shall not exceed $75.
(3) In a proceeding involving a motion to vacate or
amend a final order, motion to vacate an ex parte
judgment, judgment of forfeiture, or "failure to appear"
or "failure to comply" notices sent to the Secretary of
State, the fee shall equal $40.
(h) Appeals preparation. The fee for preparation of a
record on appeal shall be based on the number of pages, as
follows:
(1) if the record contains no more than 100 pages, the
fee shall not exceed $70 in a county with a population of
3,000,000 or more and shall not exceed $50 in any other
county;
(2) if the record contains between 100 and 200 pages,
the fee shall not exceed $100; and
(3) if the record contains 200 or more pages, the
clerk may collect an additional fee not to exceed 25 cents
per page.
(i) Remands. In any cases remanded to the circuit court
from the Supreme Court or the appellate court for a new trial,
the clerk shall reinstate the case with either its original
number or a new number. The clerk shall not charge any new or
additional fee for the reinstatement. Upon reinstatement, the
clerk shall advise the parties of the reinstatement. Parties
shall have the same right to a jury trial on remand and


reinstatement that they had before the appeal, and no
additional or new fee or charge shall be made for a jury trial
after remand.
(j) Garnishment, wage deduction, and citation. In
garnishment affidavit, wage deduction affidavit, and citation
petition proceedings:
(1) if the amount in controversy in the proceeding is
not more than $1,000, the fee may not exceed $35 in a
county with a population of 3,000,000 or more and may not
exceed $15 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$15;
(2) if the amount in controversy in the proceeding is
greater than $1,000 and not more than $5,000, the fee may
not exceed $45 in a county with a population of 3,000,000
or more and may not exceed $30 in any other county, except
as applied to units of local government and school
districts in counties with more than 3,000,000 inhabitants
an amount not to exceed $30; and
(3) if the amount in controversy in the proceeding is
greater than $5,000, the fee may not exceed $65 in a county
with a population of 3,000,000 or more and may not exceed
$50 in any other county, except as applied to units of
local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed


$50.
(j-5) Debt collection. In any proceeding to collect a debt
subject to the exception in item (ii) of subparagraph (A-5) of
paragraph (1) of subsection (z) of this Section, the circuit
court shall order and the clerk shall collect from each
judgment debtor a fee of:
(1) $35 if the amount in controversy in the proceeding
is not more than $1,000;
(2) $45 if the amount in controversy in the proceeding
is greater than $1,000 and not more than $5,000; and
(3) $65 if the amount in controversy in the proceeding
is greater than $5,000.
(k) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child
support cases, the clerk may collect a fee of up to 2.5% of
the amount collected and turned over.
(2) In child support and maintenance cases, the clerk
may collect an annual fee of up to $36 from the person
making payment for maintaining child support records and
the processing of support orders to the State of Illinois
KIDS system and the recording of payments issued by the
State Disbursement Unit for the official record of the
Court. This fee is in addition to and separate from
amounts ordered to be paid as maintenance or child support
and shall be deposited into a Separate Maintenance and


Child Support Collection Fund, of which the clerk shall be
the custodian, ex officio, to be used by the clerk to
maintain child support orders and record all payments
issued by the State Disbursement Unit for the official
record of the Court. The clerk may recover from the person
making the maintenance or child support payment any
additional cost incurred in the collection of this annual
fee.
(3) The clerk may collect a fee of $5 for
certifications made to the Secretary of State as provided
in Section 7-703 of the Illinois Vehicle Code, and this
fee shall be deposited into the Separate Maintenance and
Child Support Collection Fund.
(4) In proceedings to foreclose the lien of delinquent
real estate taxes, State's Attorneys shall receive a fee
of 10% of the total amount realized from the sale of real
estate sold in the proceedings. The clerk shall collect
the fee from the total amount realized from the sale of the
real estate sold in the proceedings and remit to the
County Treasurer to be credited to the earnings of the
Office of the State's Attorney.
(l) Mailing. The fee for the clerk mailing documents shall
not exceed $10 plus the cost of postage.
(m) Certified copies. The fee for each certified copy of a
judgment, after the first copy, shall not exceed $10.
(n) Certification, authentication, and reproduction.


(1) The fee for each certification or authentication
for taking the acknowledgment of a deed or other
instrument in writing with the seal of office shall not
exceed $6.
(2) The fee for reproduction of any document contained
in the clerk's files shall not exceed:
(A) $2 for the first page;
(B) 50 cents per page for the next 19 pages; and
(C) 25 cents per page for all additional pages.
(o) Record search. For each record search, within a
division or municipal district, the clerk may collect a search
fee not to exceed $6 for each year searched.
(p) Hard copy. For each page of hard copy print output,
when case records are maintained on an automated medium, the
clerk may collect a fee not to exceed $10 in a county with a
population of 3,000,000 or more and not to exceed $6 in any
other county, except as applied to units of local government
and school districts in counties with more than 3,000,000
inhabitants an amount not to exceed $6.
(q) Index inquiry and other records. No fee shall be
charged for a single plaintiff and defendant index inquiry or
single case record inquiry when this request is made in person
and the records are maintained in a current automated medium,
and when no hard copy print output is requested. The fees to be
charged for management records, multiple case records, and
multiple journal records may be specified by the Chief Judge


pursuant to the guidelines for access and dissemination of
information approved by the Supreme Court.
(r) Performing a marriage. There shall be a $10 fee for
performing a marriage in court.
(s) Voluntary assignment. For filing each deed of
voluntary assignment, the clerk shall collect a fee not to
exceed $20. For recording a deed of voluntary assignment, the
clerk shall collect a fee not to exceed 50 cents for each 100
words. Exceptions filed to claims presented to an assignee of
a debtor who has made a voluntary assignment for the benefit of
creditors shall be considered and treated, for the purpose of
taxing costs therein, as actions in which the party or parties
filing the exceptions shall be considered as party or parties
plaintiff, and the claimant or claimants as party or parties
defendant, and those parties respectively shall pay to the
clerk the same fees as provided by this Section to be paid in
other actions.
(t) Expungement petition. Except as provided in Sections
1-19 and 5-915 of the Juvenile Court Act of 1987, the The clerk
may collect a fee not to exceed $60 for each expungement
petition filed and an additional fee not to exceed $4 for each
certified copy of an order to expunge arrest records.
(u) Transcripts of judgment. For the filing of a
transcript of judgment, the clerk may collect the same fee as
if it were the commencement of a new suit.
(v) Probate filings.


(1) For each account (other than one final account)
filed in the estate of a decedent, or ward, the fee shall
not exceed $25.
(2) For filing a claim in an estate when the amount
claimed is greater than $150 and not more than $500, the
fee shall not exceed $40 in a county with a population of
3,000,000 or more and shall not exceed $25 in any other
county; when the amount claimed is greater than $500 and
not more than $10,000, the fee shall not exceed $55 in a
county with a population of 3,000,000 or more and shall
not exceed $40 in any other county; and when the amount
claimed is more than $10,000, the fee shall not exceed $75
in a county with a population of 3,000,000 or more and
shall not exceed $60 in any other county; except the court
in allowing a claim may add to the amount allowed the
filing fee paid by the claimant.
(3) For filing in an estate a claim, petition, or
supplemental proceeding based upon an action seeking
equitable relief including the construction or contest of
a will, enforcement of a contract to make a will, and
proceedings involving testamentary trusts or the
appointment of testamentary trustees, the fee shall not
exceed $60.
(4) There shall be no fee for filing in an estate: (i)
the appearance of any person for the purpose of consent;
or (ii) the appearance of an executor, administrator,


administrator to collect, guardian, guardian ad litem, or
special administrator.
(5) For each jury demand, the fee shall not exceed
$137.50.
(6) For each certified copy of letters of office, of
court order, or other certification, the fee shall not
exceed $2 per page.
(7) For each exemplification, the fee shall not exceed
$2, plus the fee for certification.
(8) The executor, administrator, guardian, petitioner,
or other interested person or his or her attorney shall
pay the cost of publication by the clerk directly to the
newspaper.
(9) The person on whose behalf a charge is incurred
for witness, court reporter, appraiser, or other
miscellaneous fees shall pay the same directly to the
person entitled thereto.
(10) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay to the clerk all postage charges
incurred by the clerk in mailing petitions, orders,
notices, or other documents pursuant to the provisions of
the Probate Act of 1975.
(w) Corrections of numbers. For correction of the case
number, case title, or attorney computer identification
number, if required by rule of court, on any document filed in


the clerk's office, to be charged against the party that filed
the document, the fee shall not exceed $25.
(x) Miscellaneous.
(1) Interest earned on any fees collected by the clerk
shall be turned over to the county general fund as an
earning of the office.
(2) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account
closed, or payment stopped, the clerk shall collect a fee
of $25.
(y) Other fees. Any fees not covered in this Section shall
be set by rule or administrative order of the circuit court
with the approval of the Administrative Office of the Illinois
Courts. The clerk of the circuit court may provide services in
connection with the operation of the clerk's office, other
than those services mentioned in this Section, as may be
requested by the public and agreed to by the clerk and approved
by the Chief Judge. Any charges for additional services shall
be as agreed to between the clerk and the party making the
request and approved by the Chief Judge. Nothing in this
subsection shall be construed to require any clerk to provide
any service not otherwise required by law.
(y-5) Unpaid fees. Unless a court ordered payment schedule
is implemented or the fee requirements of this Section are
waived under a court order, the clerk of the circuit court may
add to any unpaid fees and costs under this Section a


delinquency amount equal to 5% of the unpaid fees that remain
unpaid after 30 days, 10% of the unpaid fees that remain unpaid
after 60 days, and 15% of the unpaid fees that remain unpaid
after 90 days. Notice to those parties may be made by signage
posting or publication. The additional delinquency amounts
collected under this Section shall be deposited into the
Circuit Court Clerk Operations and Administration Fund and
used to defray additional administrative costs incurred by the
clerk of the circuit court in collecting unpaid fees and
costs.
(z) Exceptions.
(1) No fee authorized by this Section shall apply to:
(A) police departments or other law enforcement
agencies. In this Section, "law enforcement agency"
means: an agency of the State or agency of a unit of
local government which is vested by law or ordinance
with the duty to maintain public order and to enforce
criminal laws or ordinances; the Attorney General; or
any State's Attorney;
(A-5) any unit of local government or school
district, except in counties having a population of
500,000 or more the county board may by resolution set
fees for units of local government or school districts
no greater than the minimum fees applicable in
counties with a population less than 3,000,000;
provided however, no fee may be charged to any unit of


local government or school district in connection with
any action which, in whole or in part, is: (i) to
enforce an ordinance; (ii) to collect a debt; or (iii)
under the Administrative Review Law;
(B) any action instituted by the corporate
authority of a municipality with more than 1,000,000
inhabitants under Section 11-31-1 of the Illinois
Municipal Code and any action instituted under
subsection (b) of Section 11-31-1 of the Illinois
Municipal Code by a private owner or tenant of real
property within 1,200 feet of a dangerous or unsafe
building seeking an order compelling the owner or
owners of the building to take any of the actions
authorized under that subsection;
(C) any commitment petition or petition for an
order authorizing the administration of psychotropic
medication or electroconvulsive therapy under the
Mental Health and Developmental Disabilities Code;
(D) a petitioner in any order of protection
proceeding, including, but not limited to, fees for
filing, modifying, withdrawing, certifying, or
photocopying petitions for orders of protection,
issuing alias summons, any related filing service, or
certifying, modifying, vacating, or photocopying any
orders of protection; or
(E) proceedings for the appointment of a


confidential intermediary under the Adoption Act; .
(F) a minor subject to Article III, IV, or V of the
Juvenile Court Act of 1987, or the minor's parent,
guardian, or legal custodian; or
(G) a minor under the age of 18 transferred to
adult court or excluded from juvenile court
jurisdiction under Article V of the Juvenile Court Act
of 1987, or the minor's parent, guardian, or legal
custodian.
(2) No fee other than the filing fee contained in the
applicable schedule in subsection (a) shall be charged to
any person in connection with an adoption proceeding.
(3) Upon good cause shown, the court may waive any
fees associated with a special needs adoption. The term
"special needs adoption" has the meaning provided by the
Illinois Department of Children and Family Services.
(aa) This Section is repealed on January 1, 2024.
(Source: P.A. 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;
102-278, eff. 8-6-21; 102-558, eff. 8-20-21; 102-813, eff.
5-13-22.)
(705 ILCS 105/27.3b-1)
Sec. 27.3b-1. Minimum fines; disbursement of fines.
(a) Unless otherwise specified by law, the minimum fine
for a conviction or supervision disposition on a minor traffic
offense is $25 and the minimum fine for a conviction,


supervision disposition, or violation based upon a plea of
guilty or finding of guilt for any other offense is $75. If the
court finds that the fine would impose an undue burden on the
victim, the court may reduce or waive the fine. In this
subsection (a), "victim" shall not be construed to include the
defendant.
(a-5) Except for traffic fines, fines and assessments,
such as fees or administrative costs, authorized under this
Section shall not be ordered or imposed on a minor subject to
Article III, IV, or V of the Juvenile Court Act of 1987, or a
minor under the age of 18 transferred to adult court or
excluded from juvenile court jurisdiction under Article V of
the Juvenile Court Act of 1987, or the minor's parent,
guardian, or legal custodian.
(b) Unless otherwise specified by law, all fines imposed
on a misdemeanor offense, other than a traffic, conservation,
or driving under the influence offense, or on a felony offense
shall be disbursed within 60 days after receipt by the circuit
clerk to the county treasurer for deposit into the county's
General Fund. Unless otherwise specified by law, all fines
imposed on an ordinance offense or a misdemeanor traffic,
misdemeanor conservation, or misdemeanor driving under the
influence offense shall be disbursed within 60 days after
receipt by the circuit clerk to the treasurer of the unit of
government of the arresting agency. If the arresting agency is
the office of the sheriff, the county treasurer shall deposit


the portion into a fund to support the law enforcement
operations of the office of the sheriff. If the arresting
agency is a State agency, the State Treasurer shall deposit
the portion as follows:
(1) if the arresting agency is the Illinois State
Police, into the State Police Law Enforcement
Administration Fund;
(2) if the arresting agency is the Department of
Natural Resources, into the Conservation Police Operations
Assistance Fund;
(3) if the arresting agency is the Secretary of State,
into the Secretary of State Police Services Fund; and
(4) if the arresting agency is the Illinois Commerce
Commission, into the Transportation Regulatory Fund.
(Source: P.A. 101-636, eff. 6-10-20; 102-538, eff. 8-20-21.)
Section 15. The Criminal and Traffic Assessment Act is
amended by changing Sections 5-5, 5-10, 5-15, and 15-70 as
follows:
(705 ILCS 135/5-5)
(Section scheduled to be repealed on January 1, 2024)
Sec. 5-5. Minimum fine. Unless otherwise specified by law,
the minimum fine for a conviction or supervision disposition
on a minor traffic offense is $25 and the minimum fine for a
conviction, supervision disposition, or violation based upon a


plea of guilty or finding of guilt for any other offense is
$75. If the court finds that the fine would impose an undue
burden on the victim, the court may reduce or waive the fine.
In this Section, "victim" shall not be construed to include
the defendant. Except for traffic fines, fines and
assessments, such as fees or administrative costs, authorized
under this Section shall not be ordered or imposed on a minor
subject to Article III, IV, or V of the Juvenile Court Act of
1987, or a minor under the age of 18 transferred to adult court
or excluded from juvenile court jurisdiction under Article V
of the Juvenile Court Act of 1987, or the minor's parent,
guardian, or legal custodian.
(Source: P.A. 100-987, eff. 7-1-19.)
(705 ILCS 135/5-10)
(Section scheduled to be repealed on January 1, 2024)
Sec. 5-10. Schedules; payment.
(a) In each case, the court shall order an assessment at
the time of sentencing, as set forth in this Act, for a
defendant to pay in addition to any fine, restitution, or
forfeiture ordered by the court when the defendant is
convicted of, pleads guilty to, or is placed on court
supervision for a violation of a statute of this State or a
similar local ordinance. The court may order a fine,
restitution, or forfeiture on any violation that is being
sentenced but shall order only one assessment from the


Schedule of Assessments 1 through 13 of this Act for all
sentenced violations in a case, that being the schedule
applicable to the highest classified offense violation that is
being sentenced, plus any conditional assessments under
Section 15-70 of this Act applicable to any sentenced
violation in the case.
(a-5) Except for restitution and traffic violations, fines
and assessments, such as fees or administrative costs,
authorized under this Section shall not be ordered or imposed
on a minor subject to Article III, IV, or V of the Juvenile
Court Act of 1987, or a minor under the age of 18 transferred
to adult court or excluded from juvenile court jurisdiction
under Article V of the Juvenile Court Act of 1987, or the
minor's parent, guardian, or legal custodian.
(b) If the court finds that the schedule of assessments
will cause an undue burden on any victim in a case or if the
court orders community service or some other punishment in
place of the applicable schedule of assessments, the court may
reduce the amount set forth in the applicable schedule of
assessments or not order the applicable schedule of
assessments. If the court reduces the amount set forth in the
applicable schedule of assessments, then all recipients of the
funds collected will receive a prorated amount to reflect the
reduction.
(c) The court may order the assessments to be paid
forthwith or within a specified period of time or in


installments.
(c-3) Excluding any ordered conditional assessment, if the
assessment is not paid within the period of probation,
conditional discharge, or supervision to which the defendant
was originally sentenced, the court may extend the period of
probation, conditional discharge, or supervision under Section
5-6-2 or 5-6-3.1 of the Unified Code of Corrections, as
applicable, until the assessment is paid or until successful
completion of public or community service set forth in
subsection (b) of Section 5-20 of this Act or the successful
completion of the substance abuse intervention or treatment
program set forth in subsection (c-5) of this Section.
Except for traffic violations, assessments, such as fees
or administrative costs, under this subsection (c-3) shall not
be ordered or imposed on a minor subject to Article III, IV, or
V of the Juvenile Court Act of 1987, or a minor under the age
of 18 transferred to adult court or excluded from juvenile
court jurisdiction under Article V of the Juvenile Court Act
of 1987, or the minor's parent, guardian, or legal custodian.
(c-5) Excluding any ordered conditional assessment, the
court may suspend the collection of the assessment; provided,
the defendant agrees to enter a substance abuse intervention
or treatment program approved by the court; and further
provided that the defendant agrees to pay for all or some
portion of the costs associated with the intervention or
treatment program. In this case, the collection of the


assessment shall be suspended during the defendant's
participation in the approved intervention or treatment
program. Upon successful completion of the program, the
defendant may apply to the court to reduce the assessment
imposed under this Section by any amount actually paid by the
defendant for his or her participation in the program. The
court shall not reduce the assessment under this subsection
unless the defendant establishes to the satisfaction of the
court that he or she has successfully completed the
intervention or treatment program. If the defendant's
participation is for any reason terminated before his or her
successful completion of the intervention or treatment
program, collection of the entire assessment imposed under
this Act shall be enforced. Nothing in this Section shall be
deemed to affect or suspend any other fines, restitution
costs, forfeitures, or assessments imposed under this or any
other Act.
Except for traffic violations, assessments, such as fees
or administrative costs, under this subsection (c-5) shall not
be ordered or imposed on a minor subject to Article III, IV, or
V of the Juvenile Court Act of 1987, or a minor under the age
of 18 transferred to adult court or excluded from juvenile
court jurisdiction under Article V of the Juvenile Court Act
of 1987, or the minor's parent, guardian, or legal custodian.
(d) Except as provided in Section 5-15 of this Act, the
defendant shall pay to the clerk of the court and the clerk


shall remit the assessment to the appropriate entity as set
forth in the ordered schedule of assessments within one month
of its receipt.
(e) Unless a court ordered payment schedule is implemented
or the assessment requirements of this Act are waived under a
court order, the clerk of the circuit court may add to any
unpaid assessments under this Act a delinquency amount equal
to 5% of the unpaid assessments that remain unpaid after 30
days, 10% of the unpaid assessments that remain unpaid after
60 days, and 15% of the unpaid assessments that remain unpaid
after 90 days. Notice to those parties may be made by signage
posting or publication. The additional delinquency amounts
collected under this Section shall be deposited into the
Circuit Clerk Operations and Administration Fund and used to
defray additional administrative costs incurred by the clerk
of the circuit court in collecting unpaid assessments.
(f) The clerk of the circuit court shall not add
delinquency amounts to unpaid assessments against a minor
subject to Article III, IV, or V of the Juvenile Court Act of
1987, or a minor under the age of 18 transferred to adult court
or excluded from juvenile court jurisdiction under Article V
of the Juvenile Court Act of 1987, or the minor's parent,
guardian, or legal custodian.
(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
(705 ILCS 135/5-15)


(Section scheduled to be repealed on January 1, 2024)
Sec. 5-15. Service provider costs. Unless otherwise
provided in Article 15 of this Act, the defendant shall pay
service provider costs to the entity that provided the
service. Service provider costs are not eligible for credit
for time served, substitution of community service, or waiver.
The circuit court may, through administrative order or local
rule, appoint the clerk of the court as the receiver and
remitter of certain service provider costs, which may include,
but are not limited to, probation fees, traffic school fees,
or drug or alcohol testing fees. Except for traffic
violations, fines and assessments, such as fees or
administrative costs, authorized in this Section shall not be
ordered or imposed on a minor subject to Article III, IV, or V
of the Juvenile Court Act of 1987, or a minor under the age of
18 transferred to adult court or excluded from juvenile court
jurisdiction under Article V of the Juvenile Court Act of
1987, or the minor's parent, guardian, or legal custodian.
(Source: P.A. 100-987, eff. 7-1-19.)
(705 ILCS 135/15-70)
(Section scheduled to be repealed on January 1, 2024)
Sec. 15-70. Conditional assessments. In addition to
payments under one of the Schedule of Assessments 1 through 13
of this Act, the court shall also order payment of any of the
following conditional assessment amounts for each sentenced


violation in the case to which a conditional assessment is
applicable, which shall be collected and remitted by the Clerk
of the Circuit Court as provided in this Section:
(1) arson, residential arson, or aggravated arson,
$500 per conviction to the State Treasurer for deposit
into the Fire Prevention Fund;
(2) child pornography under Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012, $500
per conviction, unless more than one agency is responsible
for the arrest in which case the amount shall be remitted
to each unit of government equally:
(A) if the arresting agency is an agency of a unit
of local government, $500 to the treasurer of the unit
of local government for deposit into the unit of local
government's General Fund, except that if the Illinois
State Police provides digital or electronic forensic
examination assistance, or both, to the arresting
agency then $100 to the State Treasurer for deposit
into the State Crime Laboratory Fund; or
(B) if the arresting agency is the Illinois State
Police, $500 to the State Treasurer for deposit into
the State Crime Laboratory Fund;
(3) crime laboratory drug analysis for a drug-related
offense involving possession or delivery of cannabis or
possession or delivery of a controlled substance as
defined in the Cannabis Control Act, the Illinois


Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act, $100 reimbursement for
laboratory analysis, as set forth in subsection (f) of
Section 5-9-1.4 of the Unified Code of Corrections;
(4) DNA analysis, $250 on each conviction in which it
was used to the State Treasurer for deposit into the State
Crime Laboratory Fund as set forth in Section 5-9-1.4 of
the Unified Code of Corrections;
(5) DUI analysis, $150 on each sentenced violation in
which it was used as set forth in subsection (f) of Section
5-9-1.9 of the Unified Code of Corrections;
(6) drug-related offense involving possession or
delivery of cannabis or possession or delivery of a
controlled substance, other than methamphetamine, as
defined in the Cannabis Control Act or the Illinois
Controlled Substances Act, an amount not less than the
full street value of the cannabis or controlled substance
seized for each conviction to be disbursed as follows:
(A) 12.5% of the street value assessment shall be
paid into the Youth Drug Abuse Prevention Fund, to be
used by the Department of Human Services for the
funding of programs and services for drug-abuse
treatment, and prevention and education services;
(B) 37.5% to the county in which the charge was
prosecuted, to be deposited into the county General
Fund;


(C) 50% to the treasurer of the arresting law
enforcement agency of the municipality or county, or
to the State Treasurer if the arresting agency was a
state agency, to be deposited as provided in
subsection (c) of Section 10-5;
(D) if the arrest was made in combination with
multiple law enforcement agencies, the clerk shall
equitably allocate the portion in subparagraph (C) of
this paragraph (6) among the law enforcement agencies
involved in the arrest;
(6.5) Kane County or Will County, in felony,
misdemeanor, local or county ordinance, traffic, or
conservation cases, up to $30 as set by the county board
under Section 5-1101.3 of the Counties Code upon the entry
of a judgment of conviction, an order of supervision, or a
sentence of probation without entry of judgment under
Section 10 of the Cannabis Control Act, Section 410 of the
Illinois Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
the Criminal Code of 1961 or the Criminal Code of 2012,
Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, or Section 10 of the Steroid Control Act;
except in local or county ordinance, traffic, and
conservation cases, if fines are paid in full without a
court appearance, then the assessment shall not be imposed


or collected. Distribution of assessments collected under
this paragraph (6.5) shall be as provided in Section
5-1101.3 of the Counties Code;
(7) methamphetamine-related offense involving
possession or delivery of methamphetamine or any salt of
an optical isomer of methamphetamine or possession of a
methamphetamine manufacturing material as set forth in
Section 10 of the Methamphetamine Control and Community
Protection Act with the intent to manufacture a substance
containing methamphetamine or salt of an optical isomer of
methamphetamine, an amount not less than the full street
value of the methamphetamine or salt of an optical isomer
of methamphetamine or methamphetamine manufacturing
materials seized for each conviction to be disbursed as
follows:
(A) 12.5% of the street value assessment shall be
paid into the Youth Drug Abuse Prevention Fund, to be
used by the Department of Human Services for the
funding of programs and services for drug-abuse
treatment, and prevention and education services;
(B) 37.5% to the county in which the charge was
prosecuted, to be deposited into the county General
Fund;
(C) 50% to the treasurer of the arresting law
enforcement agency of the municipality or county, or
to the State Treasurer if the arresting agency was a


state agency, to be deposited as provided in
subsection (c) of Section 10-5;
(D) if the arrest was made in combination with
multiple law enforcement agencies, the clerk shall
equitably allocate the portion in subparagraph (C) of
this paragraph (6) among the law enforcement agencies
involved in the arrest;
(8) order of protection violation under Section 12-3.4
of the Criminal Code of 2012, $200 for each conviction to
the county treasurer for deposit into the Probation and
Court Services Fund for implementation of a domestic
violence surveillance program and any other assessments or
fees imposed under Section 5-9-1.16 of the Unified Code of
Corrections;
(9) order of protection violation, $25 for each
violation to the State Treasurer, for deposit into the
Domestic Violence Abuser Services Fund;
(10) prosecution by the State's Attorney of a:
(A) petty or business offense, $4 to the county
treasurer of which $2 deposited into the State's
Attorney Records Automation Fund and $2 into the
Public Defender Records Automation Fund;
(B) conservation or traffic offense, $2 to the
county treasurer for deposit into the State's Attorney
Records Automation Fund;
(11) speeding in a construction zone violation, $250


to the State Treasurer for deposit into the Transportation
Safety Highway Hire-back Fund, unless (i) the violation
occurred on a highway other than an interstate highway and
(ii) a county police officer wrote the ticket for the
violation, in which case to the county treasurer for
deposit into that county's Transportation Safety Highway
Hire-back Fund;
(12) supervision disposition on an offense under the
Illinois Vehicle Code or similar provision of a local
ordinance, 50 cents, unless waived by the court, into the
Prisoner Review Board Vehicle and Equipment Fund;
(13) victim and offender are family or household
members as defined in Section 103 of the Illinois Domestic
Violence Act of 1986 and offender pleads guilty or no
contest to or is convicted of murder, voluntary
manslaughter, involuntary manslaughter, burglary,
residential burglary, criminal trespass to residence,
criminal trespass to vehicle, criminal trespass to land,
criminal damage to property, telephone harassment,
kidnapping, aggravated kidnaping, unlawful restraint,
forcible detention, child abduction, indecent solicitation
of a child, sexual relations between siblings,
exploitation of a child, child pornography, assault,
aggravated assault, battery, aggravated battery, heinous
battery, aggravated battery of a child, domestic battery,
reckless conduct, intimidation, criminal sexual assault,


predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual abuse, aggravated
criminal sexual abuse, violation of an order of
protection, disorderly conduct, endangering the life or
health of a child, child abandonment, contributing to
dependency or neglect of child, or cruelty to children and
others, $200 for each sentenced violation to the State
Treasurer for deposit as follows: (i) for sexual assault,
as defined in Section 5-9-1.7 of the Unified Code of
Corrections, when the offender and victim are family
members, one-half to the Domestic Violence Shelter and
Service Fund, and one-half to the Sexual Assault Services
Fund; (ii) for the remaining offenses to the Domestic
Violence Shelter and Service Fund;
(14) violation of Section 11-501 of the Illinois
Vehicle Code, Section 5-7 of the Snowmobile Registration
and Safety Act, Section 5-16 of the Boat Registration and
Safety Act, or a similar provision, whose operation of a
motor vehicle, snowmobile, or watercraft while in
violation of Section 11-501, Section 5-7 of the Snowmobile
Registration and Safety Act, Section 5-16 of the Boat
Registration and Safety Act, or a similar provision
proximately caused an incident resulting in an appropriate
emergency response, $1,000 maximum to the public agency
that provided an emergency response related to the
person's violation, or as provided in subsection (c) of


Section 10-5 if the arresting agency was a State agency,
unless more than one agency was responsible for the
arrest, in which case the amount shall be remitted to each
unit of government equally;
(15) violation of Section 401, 407, or 407.2 of the
Illinois Controlled Substances Act that proximately caused
any incident resulting in an appropriate drug-related
emergency response, $1,000 as reimbursement for the
emergency response to the law enforcement agency that made
the arrest, or as provided in subsection (c) of Section
10-5 if the arresting agency was a State agency, unless
more than one agency was responsible for the arrest, in
which case the amount shall be remitted to each unit of
government equally;
(16) violation of reckless driving, aggravated
reckless driving, or driving 26 miles per hour or more in
excess of the speed limit that triggered an emergency
response, $1,000 maximum reimbursement for the emergency
response to be distributed in its entirety to a public
agency that provided an emergency response related to the
person's violation, or as provided in subsection (c) of
Section 10-5 if the arresting agency was a State agency,
unless more than one agency was responsible for the
arrest, in which case the amount shall be remitted to each
unit of government equally;
(17) violation based upon each plea of guilty,


stipulation of facts, or finding of guilt resulting in a
judgment of conviction or order of supervision for an
offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
the Criminal Code of 2012 that results in the imposition
of a fine, to be distributed as follows:
(A) $50 to the county treasurer for deposit into
the Circuit Court Clerk Operation and Administrative
Fund to cover the costs in administering this
paragraph (17);
(B) $300 to the State Treasurer who shall deposit
the portion as follows:
(i) if the arresting or investigating agency
is the Illinois State Police, into the State
Police Law Enforcement Administration Fund;
(ii) if the arresting or investigating agency
is the Department of Natural Resources, into the
Conservation Police Operations Assistance Fund;
(iii) if the arresting or investigating agency
is the Secretary of State, into the Secretary of
State Police Services Fund;
(iv) if the arresting or investigating agency
is the Illinois Commerce Commission, into the
Transportation Regulatory Fund; or
(v) if more than one of the State agencies in
this subparagraph (B) is the arresting or
investigating agency, then equal shares with the


shares deposited as provided in the applicable
items (i) through (iv) of this subparagraph (B);
and
(C) the remainder for deposit into the Specialized
Services for Survivors of Human Trafficking Fund;
(18) weapons violation under Section 24-1.1, 24-1.2,
or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
of 2012, $100 for each conviction to the State Treasurer
for deposit into the Trauma Center Fund; and
(19) violation of subsection (c) of Section 11-907 of
the Illinois Vehicle Code, $250 to the State Treasurer for
deposit into the Scott's Law Fund, unless a county or
municipal police officer wrote the ticket for the
violation, in which case to the county treasurer for
deposit into that county's or municipality's
Transportation Safety Highway Hire-back Fund to be used as
provided in subsection (j) of Section 11-907 of the
Illinois Vehicle Code.
Except for traffic violations, fines and assessments, such
as fees or administrative costs authorized in this Section,
shall not be ordered or imposed on a minor subject to Article
III, IV, or V of the Juvenile Court Act of 1987, or a minor
under the age of 18 transferred to adult court or excluded from
juvenile court jurisdiction under Article V of the Juvenile
Court Act of 1987, or the minor's parent, guardian, or legal
custodian.


(Source: P.A. 101-173, eff. 1-1-20; 101-636, eff. 6-10-20;
102-145, eff. 7-23-21; 102-505, eff. 8-20-21; 102-538, eff.
8-20-21; 102-813, eff. 5-13-22.)
Section 20. The Juvenile Court Act of 1987 is amended by
changing Sections 1-8, 3-17, 3-19, 3-21, 3-24, 3-33.5, 4-14,
4-16, 4-18, 4-21, 5-525, 5-610, 5-615, 5-710, 5-715, 5-915,
6-7, and 6-9 and by adding Section 1-19 as follows:
(705 ILCS 405/1-8)
Sec. 1-8. Confidentiality and accessibility of juvenile
court records.
(A) A juvenile adjudication shall never be considered a
conviction nor shall an adjudicated individual be considered a
criminal. Unless expressly allowed by law, a juvenile
adjudication shall not operate to impose upon the individual
any of the civil disabilities ordinarily imposed by or
resulting from conviction. Unless expressly allowed by law,
adjudications shall not prejudice or disqualify the individual
in any civil service application or appointment, from holding
public office, or from receiving any license granted by public
authority. All juvenile court records which have not been
expunged are sealed and may never be disclosed to the general
public or otherwise made widely available. Sealed juvenile
court records may be obtained only under this Section and
Section 1-7 and Part 9 of Article V of this Act, when their use


is needed for good cause and with an order from the juvenile
court. Inspection and copying of juvenile court records
relating to a minor who is the subject of a proceeding under
this Act shall be restricted to the following:
(1) The minor who is the subject of record, his or her
parents, guardian, and counsel.
(2) Law enforcement officers and law enforcement
agencies when such information is essential to executing
an arrest or search warrant or other compulsory process,
or to conducting an ongoing investigation or relating to a
minor who has been adjudicated delinquent and there has
been a previous finding that the act which constitutes the
previous offense was committed in furtherance of criminal
activities by a criminal street gang.
Before July 1, 1994, for the purposes of this Section,
"criminal street gang" means any ongoing organization,
association, or group of 3 or more persons, whether formal
or informal, having as one of its primary activities the
commission of one or more criminal acts and that has a
common name or common identifying sign, symbol or specific
color apparel displayed, and whose members individually or
collectively engage in or have engaged in a pattern of
criminal activity.
Beginning July 1, 1994, for purposes of this Section,
"criminal street gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus


Prevention Act.
(3) Judges, hearing officers, prosecutors, public
defenders, probation officers, social workers, or other
individuals assigned by the court to conduct a
pre-adjudication or pre-disposition investigation, and
individuals responsible for supervising or providing
temporary or permanent care and custody for minors under
the order of the juvenile court when essential to
performing their responsibilities.
(4) Judges, federal, State, and local prosecutors,
public defenders, probation officers, and designated
staff:
(a) in the course of a trial when institution of
criminal proceedings has been permitted or required
under Section 5-805;
(b) when criminal proceedings have been permitted
or required under Section 5-805 and a minor is the
subject of a proceeding to determine the conditions of
pretrial release;
(c) when criminal proceedings have been permitted
or required under Section 5-805 and a minor is the
subject of a pre-trial investigation, pre-sentence
investigation or fitness hearing, or proceedings on an
application for probation; or
(d) when a minor becomes 18 years of age or older,
and is the subject of criminal proceedings, including


a hearing to determine the conditions of pretrial
release, a pre-trial investigation, a pre-sentence
investigation, a fitness hearing, or proceedings on an
application for probation.
(5) Adult and Juvenile Prisoner Review Boards.
(6) Authorized military personnel.
(6.5) Employees of the federal government authorized
by law.
(7) Victims, their subrogees and legal
representatives; however, such persons shall have access
only to the name and address of the minor and information
pertaining to the disposition or alternative adjustment
plan of the juvenile court.
(8) Persons engaged in bona fide research, with the
permission of the presiding judge of the juvenile court
and the chief executive of the agency that prepared the
particular records; provided that publication of such
research results in no disclosure of a minor's identity
and protects the confidentiality of the record.
(9) The Secretary of State to whom the Clerk of the
Court shall report the disposition of all cases, as
required in Section 6-204 of the Illinois Vehicle Code.
However, information reported relative to these offenses
shall be privileged and available only to the Secretary of
State, courts, and police officers.
(10) The administrator of a bonafide substance abuse


student assistance program with the permission of the
presiding judge of the juvenile court.
(11) Mental health professionals on behalf of the
Department of Corrections or the Department of Human
Services or prosecutors who are evaluating, prosecuting,
or investigating a potential or actual petition brought
under the Sexually Violent Persons Commitment Act relating
to a person who is the subject of juvenile court records or
the respondent to a petition brought under the Sexually
Violent Persons Commitment Act, who is the subject of
juvenile court records sought. Any records and any
information obtained from those records under this
paragraph (11) may be used only in sexually violent
persons commitment proceedings.
(12) (Blank). Collection agencies, contracted or
otherwise engaged by a governmental entity, to collect any
debts due and owing to the governmental entity.
(A-1) Findings and exclusions of paternity entered in
proceedings occurring under Article II of this Act shall be
disclosed, in a manner and form approved by the Presiding
Judge of the Juvenile Court, to the Department of Healthcare
and Family Services when necessary to discharge the duties of
the Department of Healthcare and Family Services under Article
X of the Illinois Public Aid Code.
(B) A minor who is the victim in a juvenile proceeding
shall be provided the same confidentiality regarding


disclosure of identity as the minor who is the subject of
record.
(C)(0.1) In cases where the records concern a pending
juvenile court case, the requesting party seeking to inspect
the juvenile court records shall provide actual notice to the
attorney or guardian ad litem of the minor whose records are
sought.
(0.2) In cases where the juvenile court records concern a
juvenile court case that is no longer pending, the requesting
party seeking to inspect the juvenile court records shall
provide actual notice to the minor or the minor's parent or
legal guardian, and the matter shall be referred to the chief
judge presiding over matters pursuant to this Act.
(0.3) In determining whether juvenile court records should
be made available for inspection and whether inspection should
be limited to certain parts of the file, the court shall
consider the minor's interest in confidentiality and
rehabilitation over the requesting party's interest in
obtaining the information. The State's Attorney, the minor,
and the minor's parents, guardian, and counsel shall at all
times have the right to examine court files and records.
(0.4) Any records obtained in violation of this Section
shall not be admissible in any criminal or civil proceeding,
or operate to disqualify a minor from subsequently holding
public office, or operate as a forfeiture of any public
benefit, right, privilege, or right to receive any license


granted by public authority.
(D) Pending or following any adjudication of delinquency
for any offense defined in Sections 11-1.20 through 11-1.60 or
12-13 through 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the victim of any such offense shall
receive the rights set out in Sections 4 and 6 of the Bill of
Rights for Victims and Witnesses of Violent Crime Act; and the
juvenile who is the subject of the adjudication,
notwithstanding any other provision of this Act, shall be
treated as an adult for the purpose of affording such rights to
the victim.
(E) Nothing in this Section shall affect the right of a
Civil Service Commission or appointing authority of the
federal government, or any state, county, or municipality
examining the character and fitness of an applicant for
employment with a law enforcement agency, correctional
institution, or fire department to ascertain whether that
applicant was ever adjudicated to be a delinquent minor and,
if so, to examine the records of disposition or evidence which
were made in proceedings under this Act.
(F) Following any adjudication of delinquency for a crime
which would be a felony if committed by an adult, or following
any adjudication of delinquency for a violation of Section
24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
Criminal Code of 2012, the State's Attorney shall ascertain
whether the minor respondent is enrolled in school and, if so,


shall provide a copy of the dispositional order to the
principal or chief administrative officer of the school.
Access to the dispositional order shall be limited to the
principal or chief administrative officer of the school and
any school counselor designated by him or her.
(G) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is
used to assist in the early identification and treatment of
habitual juvenile offenders.
(H) When a court hearing a proceeding under Article II of
this Act becomes aware that an earlier proceeding under
Article II had been heard in a different county, that court
shall request, and the court in which the earlier proceedings
were initiated shall transmit, an authenticated copy of the
juvenile court record, including all documents, petitions, and
orders filed and the minute orders, transcript of proceedings,
and docket entries of the court.
(I) The Clerk of the Circuit Court shall report to the
Illinois State Police, in the form and manner required by the
Illinois State Police, the final disposition of each minor who
has been arrested or taken into custody before his or her 18th
birthday for those offenses required to be reported under
Section 5 of the Criminal Identification Act. Information
reported to the Department under this Section may be


maintained with records that the Department files under
Section 2.1 of the Criminal Identification Act.
(J) The changes made to this Section by Public Act 98-61
apply to juvenile law enforcement records of a minor who has
been arrested or taken into custody on or after January 1, 2014
(the effective date of Public Act 98-61).
(K) Willful violation of this Section is a Class C
misdemeanor and each violation is subject to a fine of $1,000.
This subsection (K) shall not apply to the person who is the
subject of the record.
(L) A person convicted of violating this Section is liable
for damages in the amount of $1,000 or actual damages,
whichever is greater.
(Source: P.A. 101-652, eff. 1-1-23; 102-197, eff. 7-30-21;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(705 ILCS 405/1-19 new)
Sec. 1-19. Fines, assessments, civil judgments, and
outstanding balances owed by minors or their parents,
guardians, or legal custodians; report.
(a) Except for restitution and assessments issued for
adjudications under Section 5-125 of this Act, fines and
assessments, such as fees or administrative costs, shall not
be ordered or imposed on the following individuals as of the
effective date of this amendatory Act of the 103rd General
Assembly:


(1) a minor subject to Article III, IV, or V of this
Act, or the minor's parent, guardian, or legal custodian;
or
(2) a minor under the age of 18 transferred to adult
court or excluded from juvenile court jurisdiction under
Article V of this Act, or the minor's parent, guardian, or
legal custodian.
(b) Except for restitution and assessments issued for
adjudications under Section 5-125 of this Act, all unsatisfied
civil judgments, outstanding balances for fines, and
outstanding balances for assessments, such as fees or
administrative costs, including interest, penalties, or
collection fees entered prior to the effective date of this
amendatory Act of the 103rd General Assembly in cases pursuant
to subsection (a) of this Section, are null, void, satisfied,
and not collectible.
(c) Except for restitution and assessments issued for
adjudications under Section 5-125 of this Act, within one year
of the effective date of this amendatory Act of the 103rd
General Assembly, the circuit court clerk of each county shall
discharge and waive 100% of all outstanding balances for
unsatisfied civil judgments, unpaid fines, and unpaid
assessments such as fees or administrative costs, including
interest, penalties, or collection fees, entered against a
minor or the minor's parent, guardian, or legal custodian in
the following:


(1) cases involving a minor subject to Article III,
IV, or V of this Act; and
(2) cases involving a minor under the age of 18
transferred to adult court or excluded from juvenile court
jurisdiction under Article V of this Act.
(d) Within 30 calendar days after the effective date of
this amendatory Act of the 103rd General Assembly, the State's
Attorney or circuit court clerk in each county shall provide
written notice to collection agencies contracted or assigned
to collect outstanding balances in cases pursuant to this
Section that outstanding balances for unsatisfied civil
judgments, unpaid fines, and unpaid assessments such as fees
or administrative costs, including interest, penalties, or
collection fees, are null, void, satisfied, and not
collectible as of the effective date of this amendatory Act of
the 103rd General Assembly.
(e) If a payment is made by a minor or his or her parent,
guardian, or legal custodian on or after the effective date of
this amendatory Act of the 103rd General Assembly, the circuit
court clerk shall reimburse payments made towards unsatisfied
civil judgments, unpaid fines, or unpaid assessments such as
fees or administrative costs, including interest, penalties,
or collection fees, made null, void, satisfied, and
uncollectible by this amendatory Act of the 103rd General
Assembly.
(f) Within one year of the effective date of this


amendatory Act of the 103rd General Assembly, the circuit
court clerk of each county shall report to the Illinois
Juvenile Justice Commission the following data, in a form and
manner to be determined by the Commission, specific to all
outstanding balances for unsatisfied civil judgments, unpaid
fines, and unpaid assessments, such as fees or administrative
costs, made null, void, satisfied, and not collectible by this
amendatory Act of the 103rd General Assembly:
(1) As of the effective date of this amendatory Act of
the 103rd General Assembly, the total number of cases or
individuals pursuant to this amendatory Act of the 103rd
General Assembly which:
(A) have outstanding balances; and
(B) have outstanding balances converted into civil
judgments;
(2) The number of cases or individuals with
outstanding balances discharged and waived pursuant to
this amendatory Act of the 103rd General Assembly; and
(3) The total amount of outstanding balances
discharged and waived pursuant to this amendatory Act of
the 103rd General Assembly for the following:
(A) unsatisfied civil judgments;
(B) unpaid fines; and
(C) unpaid assessments, such as fees or
administrative costs.


(705 ILCS 405/3-17) (from Ch. 37, par. 803-17)
Sec. 3-17. Summons. (1) When a petition is filed, 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 legal guardian or custodian and to each person named
as a respondent in the petition, except that summons need not
be directed to a minor respondent under 8 years of age for whom
the court appoints a guardian ad litem if the guardian ad litem
appears on behalf of the minor in any proceeding under this
Act.
(2) The summons must contain a statement that the minor or
any of the respondents is entitled to have an attorney present
at the hearing on the petition, and that the clerk of the court
should be notified promptly if the minor or any other
respondent desires to be represented by an attorney but is
financially unable to employ counsel.
(3) The summons shall be issued under the seal of the
court, attested to and signed with the name of the clerk of the
court, dated on the day it is issued, and shall require each
respondent to appear and answer the petition on the date set
for the adjudicatory hearing.
(4) The summons may be served by any county sheriff,
coroner or probation officer, even though the officer is the
petitioner. The return of the summons with endorsement of
service by the officer is sufficient proof thereof.
(5) Service of a summons and petition shall be made by: (a)


leaving a copy thereof with the person summoned at least 3 days
before the time stated therein for appearance; (b) leaving a
copy at his usual place of abode with some person of the
family, of the age of 10 years or upwards, and informing that
person of the contents thereof, provided the officer or other
person making service shall also send a copy of the summons in
a sealed envelope with postage fully prepaid, addressed to the
person summoned at his usual place of abode, at least 3 days
before the time stated therein for appearance; or (c) leaving
a copy thereof with the guardian or custodian of a minor, at
least 3 days before the time stated therein for appearance. If
the guardian or custodian is an agency of the State of
Illinois, proper service may be made by leaving a copy of the
summons and petition with any administrative employee of such
agency designated by such agency to accept service of summons
and petitions. The certificate of the officer or affidavit of
the person that he has sent the copy pursuant to this Section
is sufficient proof of service.
(6) When a parent or other person, who has signed a written
promise to appear and bring the minor to court or who has
waived or acknowledged service, fails to appear with the minor
on the date set by the court, a bench warrant may be issued for
the parent or other person, the minor, or both.
(7) The appearance of the minor's legal guardian or
custodian, or a person named as a respondent in a petition, in
any proceeding under this Act shall constitute a waiver of


service of summons and submission to the jurisdiction of the
court. A copy of the summons and petition shall be provided to
the person at the time of his appearance.
(8) Fines or assessments, such as fees or administrative
costs, in the service of process shall not be ordered or
imposed on a minor or a minor's parent, guardian, or legal
custodian.
(Source: P.A. 86-441.)
(705 ILCS 405/3-19) (from Ch. 37, par. 803-19)
Sec. 3-19. Guardian ad litem.
(1) Immediately upon the filing of a petition alleging
that the minor requires authoritative intervention, the court
may appoint a guardian ad litem for the minor if
(a) such petition alleges that the minor is the victim
of sexual abuse or misconduct; or
(b) such petition alleges that charges alleging the
commission of any of the sex offenses defined in Article
11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012, have
been filed against a defendant in any court and that such
minor is the alleged victim of the acts of the defendant in
the commission of such offense.
(2) Unless the guardian ad litem appointed pursuant to
paragraph (1) is an attorney at law he shall be represented in


the performance of his duties by counsel.
(3) Before proceeding with the hearing, the court shall
appoint a guardian ad litem for the minor if
(a) no parent, guardian, custodian or relative of the
minor appears at the first or any subsequent hearing of
the case;
(b) the petition prays for the appointment of a
guardian with power to consent to adoption; or
(c) the petition for which the minor is before the
court resulted from a report made pursuant to the Abused
and Neglected Child Reporting Act.
(4) 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 his parents or other custodian or that it
is otherwise in the minor's interest to do so.
(5) The reasonable fees of a guardian ad litem appointed
under this Section shall be fixed by the court and charged to
the parents of the minor, to the extent they are able to pay.
If the parents are unable to pay those fees, they shall be paid
from the general fund of the county.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(705 ILCS 405/3-21) (from Ch. 37, par. 803-21)
Sec. 3-21. Continuance under supervision.
(1) The court may enter an order of continuance under
supervision (a) upon an admission or stipulation by the


appropriate respondent or minor respondent of the facts
supporting the petition and before proceeding to findings and
adjudication, or after hearing the evidence at the
adjudicatory hearing but before noting in the minutes of
proceedings a finding of whether or not the minor is a person
requiring authoritative intervention; and (b) in the absence
of objection made in open court by the minor, his parent,
guardian, custodian, responsible relative, defense attorney or
the State's Attorney.
(2) If the minor, his parent, guardian, custodian,
responsible relative, defense attorney or State's Attorney,
objects in open court to any such continuance and insists upon
proceeding to findings and adjudication, the court shall so
proceed.
(3) Nothing in this Section limits the power of the court
to order a continuance of the hearing for the production of
additional evidence or for any other proper reason.
(4) When a hearing where a minor is alleged to be a minor
requiring authoritative intervention is continued pursuant to
this Section, the court may permit the minor to remain in his
home subject to such conditions concerning his conduct and
supervision as the court may require by order.
(5) If a petition is filed charging a violation of a
condition of the continuance under supervision, the court
shall conduct a hearing. If the court finds that such
condition of supervision has not been fulfilled the court may


proceed to findings and adjudication and disposition. The
filing of a petition for violation of a condition of the
continuance under supervision shall toll the period of
continuance under supervision until the final determination of
the charge, and the term of the continuance under supervision
shall not run until the hearing and disposition of the
petition for violation; provided where the petition alleges
conduct that does not constitute a criminal offense, the
hearing must be held within 15 days of the filing of the
petition unless a delay in such hearing has been occasioned by
the minor, in which case the delay shall continue the tolling
of the period of continuance under supervision for the period
of such delay.
(6) (Blank). The court must impose upon a minor under an
order of continuance under supervision or an order of
disposition under this Article III, as a condition of the
order, a fee of $25 for each month or partial month of
supervision with a probation officer. If the court determines
the inability of the minor, or the parent, guardian, or legal
custodian of the minor to pay the fee, the court may impose a
lesser fee. The court may not impose the fee on a minor who is
placed in the guardianship or custody of the Department of
Children and Family Services under this Act. The fee may be
imposed only upon a minor who is actively supervised by the
probation and court services department. The fee must be
collected by the clerk of the circuit court. The clerk of the


circuit court must pay all monies collected from this fee to
the county treasurer for deposit into the probation and court
services fund under Section 15.1 of the Probation and
Probation Officers Act.
(Source: P.A. 100-159, eff. 8-18-17.)
(705 ILCS 405/3-24) (from Ch. 37, par. 803-24)
Sec. 3-24. Kinds of dispositional orders.
(1) The following kinds of orders of disposition may be
made in respect to wards of the court: A minor found to be
requiring authoritative intervention under Section 3-3 may be
(a) committed to the Department of Children and Family
Services, subject to Section 5 of the Children and Family
Services Act; (b) placed under supervision and released to his
or her parents, guardian or legal custodian; (c) placed in
accordance with Section 3-28 with or without also being placed
under supervision. Conditions of supervision may be modified
or terminated by the court if it deems that the best interests
of the minor and the public will be served thereby; (d) ordered
partially or completely emancipated in accordance with the
provisions of the Emancipation of Minors Act; or (e) subject
to having his or her driver's license or driving privilege
suspended for such time as determined by the Court but only
until he or she attains 18 years of age.
(2) Any order of disposition may provide for protective
supervision under Section 3-25 and may include an order of


protection under Section 3-26.
(3) Unless the order of disposition expressly so provides,
it does not operate to close proceedings on the pending
petition, but is subject to modification until final closing
and discharge of the proceedings under Section 3-32.
(4) In addition to any other order of disposition, the
court may order any person found to be a minor requiring
authoritative intervention under Section 3-3 to make
restitution, in monetary or non-monetary form, under the terms
and conditions of Section 5-5-6 of the Unified Code of
Corrections, except that the "presentence hearing" referred to
therein shall be the dispositional hearing for purposes of
this Section. The parent, guardian or legal custodian of the
minor may pay some or all of such restitution on the minor's
behalf.
(5) Any order for disposition where the minor is committed
or placed in accordance with Section 3-28 shall provide for
the parents or guardian of the estate of such minor to pay to
the legal custodian or guardian of the person of the minor such
sums as are determined by the custodian or guardian of the
person of the minor as necessary for the minor's needs. Such
payments may not exceed the maximum amounts provided for by
Section 9.1 of the Children and Family Services Act.
(6) Whenever the order of disposition requires the minor
to attend school or participate in a program of training, the
truant officer or designated school official shall regularly


report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code.
(7) (Blank). The court must impose upon a minor under an
order of continuance under supervision or an order of
disposition under this Article III, as a condition of the
order, a fee of $25 for each month or partial month of
supervision with a probation officer. If the court determines
the inability of the minor, or the parent, guardian, or legal
custodian of the minor to pay the fee, the court may impose a
lesser fee. The court may not impose the fee on a minor who is
placed in the guardianship or custody of the Department of
Children and Family Services under this Act. The fee may be
imposed only upon a minor who is actively supervised by the
probation and court services department. The fee must be
collected by the clerk of the circuit court. The clerk of the
circuit court must pay all monies collected from this fee to
the county treasurer for deposit into the probation and court
services fund under Section 15.1 of the Probation and
Probation Officers Act.
(Source: P.A. 100-159, eff. 8-18-17.)
(705 ILCS 405/3-33.5)
Sec. 3-33.5. Truant minors in need of supervision.
(a) Definition. A minor who is reported by the office of
the regional superintendent of schools as a chronic truant may
be subject to a petition for adjudication and adjudged a


truant minor in need of supervision, provided that prior to
the filing of the petition, the office of the regional
superintendent of schools or a community truancy review board
certifies that the local school has provided appropriate
truancy intervention services to the truant minor and his or
her family. For purposes of this Section, "truancy
intervention services" means services designed to assist the
minor's return to an educational program, and includes but is
not limited to: assessments, counseling, mental health
services, shelter, optional and alternative education
programs, tutoring, and educational advocacy. If, after review
by the regional office of education or community truancy
review board, it is determined the local school did not
provide the appropriate interventions, then the minor shall be
referred to a comprehensive community based youth service
agency for truancy intervention services. If the comprehensive
community based youth service agency is incapable to provide
intervention services, then this requirement for services is
not applicable. The comprehensive community based youth
service agency shall submit reports to the office of the
regional superintendent of schools or truancy review board
within 20, 40, and 80 school days of the initial referral or at
any other time requested by the office of the regional
superintendent of schools or truancy review board, which
reports each shall certify the date of the minor's referral
and the extent of the minor's progress and participation in


truancy intervention services provided by the comprehensive
community based youth service agency. In addition, if, after
referral by the office of the regional superintendent of
schools or community truancy review board, the minor declines
or refuses to fully participate in truancy intervention
services provided by the comprehensive community based youth
service agency, then the agency shall immediately certify such
facts to the office of the regional superintendent of schools
or community truancy review board.
(a-1) There is a rebuttable presumption that a chronic
truant is a truant minor in need of supervision.
(a-2) There is a rebuttable presumption that school
records of a minor's attendance at school are authentic.
(a-3) For purposes of this Section, "chronic truant" has
the meaning ascribed to it in Section 26-2a of the School Code.
(a-4) For purposes of this Section, a "community truancy
review board" is a local community based board comprised of
but not limited to: representatives from local comprehensive
community based youth service agencies, representatives from
court service agencies, representatives from local schools,
representatives from health service agencies, and
representatives from local professional and community
organizations as deemed appropriate by the office of the
regional superintendent of schools. The regional
superintendent of schools must approve the establishment and
organization of a community truancy review board, and the


regional superintendent of schools or his or her designee
shall chair the board.
(a-5) Nothing in this Section shall be construed to create
a private cause of action or right of recovery against a
regional office of education, its superintendent, or its staff
with respect to truancy intervention services where the
determination to provide the services is made in good faith.
(b) Kinds of dispositional orders. A minor found to be a
truant minor in need of supervision may be:
(1) committed to the appropriate regional
superintendent of schools for a student assistance team
staffing, a service plan, or referral to a comprehensive
community based youth service agency;
(2) required to comply with a service plan as
specifically provided by the appropriate regional
superintendent of schools;
(3) ordered to obtain counseling or other supportive
services;
(4) (blank);
(5) required to perform some reasonable public service
work that does not interfere with school hours,
school-related activities, or work commitments of the
minor or the minor's parent, guardian, or legal custodian
such as, but not limited to, the picking up of litter in
public parks or along public highways or the maintenance
of public facilities; or


(6) (blank).
A dispositional order may include public service only if
the court has made an express written finding that a truancy
prevention program has been offered by the school, regional
superintendent of schools, or a comprehensive community based
youth service agency to the truant minor in need of
supervision.
(c) Orders entered under this Section may be enforced by
contempt proceedings. Fines or assessments, such as fees or
administrative costs, shall not be ordered or imposed in
contempt proceedings under this Section.
(Source: P.A. 102-456, eff. 1-1-22.)
(705 ILCS 405/4-14) (from Ch. 37, par. 804-14)
Sec. 4-14. Summons. (1) When a petition is filed, 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 legal guardian or custodian and to each person named
as a respondent in the petition, except that summons need not
be directed to a minor respondent under 8 years of age for whom
the court appoints a guardian ad litem if the guardian ad litem
appears on behalf of the minor in any proceeding under this
Act.
(2) The summons must contain a statement that the minor or
any of the respondents is entitled to have an attorney present
at the hearing on the petition, and that the clerk of the court


should be notified promptly if the minor or any other
respondent desires to be represented by an attorney but is
financially unable to employ counsel.
(3) The summons shall be issued under the seal of the
court, attested to and signed with the name of the clerk of the
court, dated on the day it is issued, and shall require each
respondent to appear and answer the petition on the date set
for the adjudicatory hearing.
(4) The summons may be served by any county sheriff,
coroner or probation officer, even though the officer is the
petitioner. The return of the summons with endorsement of
service by the officer is sufficient proof thereof.
(5) Service of a summons and petition shall be made by: (a)
leaving a copy thereof with the person summoned at least 3 days
before the time stated therein for appearance; (b) leaving a
copy at his usual place of abode with some person of the
family, of the age of 10 years or upwards, and informing that
person of the contents thereof, provided that the officer or
other person making service shall also send a copy of the
summons in a sealed envelope with postage fully prepaid,
addressed to the person summoned at his usual place of abode,
at least 3 days before the time stated therein for appearance;
or (c) leaving a copy thereof with the guardian or custodian of
a minor, at least 3 days before the time stated therein for
appearance. If the guardian or custodian is an agency of the
State of Illinois, proper service may be made by leaving a copy


of the summons and petition with any administrative employee
of such agency designated by such agency to accept service of
summons and petitions. The certificate of the officer or
affidavit of the person that he has sent the copy pursuant to
this Section is sufficient proof of service.
(6) When a parent or other person, who has signed a written
promise to appear and bring the minor to court or who has
waived or acknowledged service, fails to appear with the minor
on the date set by the court, a bench warrant may be issued for
the parent or other person, the minor, or both.
(7) The appearance of the minor's legal guardian or
custodian, or a person named as a respondent in a petition, in
any proceeding under this Act shall constitute a waiver of
service of summons and submission to the jurisdiction of the
court. A copy of the summons and petition shall be provided to
the person at the time of his appearance.
(8) Fines or assessments, such as fees or administrative
costs, in the service of process shall not be ordered or
imposed on a minor or a minor's parent, guardian, or legal
custodian.
(Source: P.A. 86-441.)
(705 ILCS 405/4-16) (from Ch. 37, par. 804-16)
Sec. 4-16. Guardian ad litem.
(1) Immediately upon the filing of a petition alleging
that the minor is a person described in Section 4-3 of this


Act, the court may appoint a guardian ad litem for the minor
if:
(a) such petition alleges that the minor is the victim
of sexual abuse or misconduct; or
(b) such petition alleges that charges alleging the
commission of any of the sex offenses defined in Article
11 or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012, have
been filed against a defendant in any court and that such
minor is the alleged victim of the acts of the defendant in
the commission of such offense.
Unless the guardian ad litem appointed pursuant to this
paragraph (1) is an attorney at law he shall be represented in
the performance of his duties by counsel.
(2) Before proceeding with the hearing, the court shall
appoint a guardian ad litem for the minor if
(a) no parent, guardian, custodian or relative of the
minor appears at the first or any subsequent hearing of
the case;
(b) the petition prays for the appointment of a
guardian with power to consent to adoption; or
(c) the petition for which the minor is before the
court resulted from a report made pursuant to the Abused
and Neglected Child Reporting Act.
(3) 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 his parents or other custodian or that it
is otherwise in the minor's interest to do so.
(4) Unless the guardian ad litem is an attorney, he shall
be represented by counsel.
(5) The reasonable fees of a guardian ad litem appointed
under this Section shall be fixed by the court and charged to
the parents of the minor, to the extent they are able to pay.
If the parents are unable to pay those fees, they shall be paid
from the general fund of the county.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(705 ILCS 405/4-18) (from Ch. 37, par. 804-18)
Sec. 4-18. Continuance under supervision.
(1) The court may enter an order of continuance under
supervision (a) upon an admission or stipulation by the
appropriate respondent or minor respondent of the facts
supporting the petition and before proceeding to findings and
adjudication, or after hearing the evidence at the
adjudicatory hearing but before noting in the minutes of the
proceeding a finding of whether or not the minor is an addict,
and (b) in the absence of objection made in open court by the
minor, his parent, guardian, custodian, responsible relative,
defense attorney or the State's Attorney.
(2) If the minor, his parent, guardian, custodian,
responsible relative, defense attorney or State's Attorney,


objects in open court to any such continuance and insists upon
proceeding to findings and adjudication, the court shall so
proceed.
(3) Nothing in this Section limits the power of the court
to order a continuance of the hearing for the production of
additional evidence or for any other proper reason.
(4) When a hearing is continued pursuant to this Section,
the court may permit the minor to remain in his home subject to
such conditions concerning his conduct and supervision as the
court may require by order.
(5) If a petition is filed charging a violation of a
condition of the continuance under supervision, the court
shall conduct a hearing. If the court finds that such
condition of supervision has not been fulfilled the court may
proceed to findings and adjudication and disposition. The
filing of a petition for violation of a condition of the
continuance under supervision shall toll the period of
continuance under supervision until the final determination of
the charge, and the term of the continuance under supervision
shall not run until the hearing and disposition of the
petition for violation; provided where the petition alleges
conduct that does not constitute a criminal offense, the
hearing must be held within 15 days of the filing of the
petition unless a delay in such hearing has been occasioned by
the minor, in which case the delay shall continue the tolling
of the period of continuance under supervision for the period


of such delay.
(6) (Blank). The court must impose upon a minor under an
order of continuance under supervision or an order of
disposition under this Article IV, as a condition of the
order, a fee of $25 for each month or partial month of
supervision with a probation officer. If the court determines
the inability of the minor, or the parent, guardian, or legal
custodian of the minor to pay the fee, the court may impose a
lesser fee. The court may not impose the fee on a minor who is
placed in the guardianship or custody of the Department of
Children and Family Services under this Act. The fee may be
imposed only upon a minor who is actively supervised by the
probation and court services department. The fee must be
collected by the clerk of the circuit court. The clerk of the
circuit court must pay all monies collected from this fee to
the county treasurer for deposit into the probation and court
services fund under Section 15.1 of the Probation and
Probation Officers Act.
(Source: P.A. 100-159, eff. 8-18-17.)
(705 ILCS 405/4-21) (from Ch. 37, par. 804-21)
Sec. 4-21. Kinds of dispositional orders.
(1) A minor found to be addicted under Section 4-3 may be
(a) committed to the Department of Children and Family
Services, subject to Section 5 of the Children and Family
Services Act; (b) placed under supervision and released to his


or her parents, guardian or legal custodian; (c) placed in
accordance with Section 4-25 with or without also being placed
under supervision. Conditions of supervision may be modified
or terminated by the court if it deems that the best interests
of the minor and the public will be served thereby; (d)
required to attend an approved alcohol or drug abuse treatment
or counseling program on an inpatient or outpatient basis
instead of or in addition to the disposition otherwise
provided for in this paragraph; (e) ordered partially or
completely emancipated in accordance with the provisions of
the Emancipation of Minors Act; or (f) subject to having his or
her driver's license or driving privilege suspended for such
time as determined by the Court but only until he or she
attains 18 years of age. No disposition under this subsection
shall provide for the minor's placement in a secure facility.
(2) Any order of disposition may provide for protective
supervision under Section 4-22 and may include an order of
protection under Section 4-23.
(3) Unless the order of disposition expressly so provides,
it does not operate to close proceedings on the pending
petition, but is subject to modification until final closing
and discharge of the proceedings under Section 4-29.
(4) In addition to any other order of disposition, the
court may order any minor found to be addicted under this
Article as neglected with respect to his or her own injurious
behavior, to make restitution, in monetary or non-monetary


form, under the terms and conditions of Section 5-5-6 of the
Unified Code of Corrections, except that the "presentence
hearing" referred to therein shall be the dispositional
hearing for purposes of this Section. The parent, guardian or
legal custodian of the minor may pay some or all of such
restitution on the minor's behalf.
(5) Any order for disposition where the minor is placed in
accordance with Section 4-25 shall provide for the parents or
guardian of the estate of such minor to pay to the legal
custodian or guardian of the person of the minor such sums as
are determined by the custodian or guardian of the person of
the minor as necessary for the minor's needs. Such payments
may not exceed the maximum amounts provided for by Section 9.1
of the Children and Family Services Act.
(6) Whenever the order of disposition requires the minor
to attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code.
(7) (Blank). The court must impose upon a minor under an
order of continuance under supervision or an order of
disposition under this Article IV, as a condition of the
order, a fee of $25 for each month or partial month of
supervision with a probation officer. If the court determines
the inability of the minor, or the parent, guardian, or legal
custodian of the minor to pay the fee, the court may impose a


lesser fee. The court may not impose the fee on a minor who is
placed in the guardianship or custody of the Department of
Children and Family Services under this Act. The fee may be
imposed only upon a minor who is actively supervised by the
probation and court services department. The fee must be
collected by the clerk of the circuit court. The clerk of the
circuit court must pay all monies collected from this fee to
the county treasurer for deposit into the probation and court
services fund under Section 15.1 of the Probation and
Probation Officers Act.
(Source: P.A. 100-159, eff. 8-18-17.)
(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
custodian and to each person named as a respondent in the
petition, except that summons need not be directed (i) to
a minor respondent under 8 years of age for whom the court
appoints a guardian ad litem if the guardian ad litem
appears on behalf of the minor in any proceeding under
this Act, or (ii) to a parent who does not reside with the
minor, does not make regular child support payments to the


minor, to the minor's other parent, or to the minor's
legal guardian or custodian pursuant to a support order,
and has not communicated with the minor on a regular
basis.
(b) The summons must contain a statement that the
minor is entitled to have an attorney present at the
hearing on the petition, and that the clerk of the court
should be notified promptly if the minor desires to be
represented by an attorney but is financially unable to
employ counsel.
(c) The summons shall be issued under the seal of the
court, attested in and signed with the name of the clerk of
the court, dated on the day it is issued, and shall require
each respondent to appear and answer the petition on the
date set for the adjudicatory hearing.
(d) The summons may be served by any law enforcement
officer, coroner or probation officer, even though the
officer is the petitioner. The return of the summons with
endorsement of service by the officer is sufficient proof
of service.
(e) Service of a summons and petition shall be made
by: (i) leaving a copy of the summons and petition with the
person summoned at least 3 days before the time stated in
the summons for appearance; (ii) leaving a copy at his or
her usual place of abode with some person of the family, of
the age of 10 years or upwards, and informing that person


of the contents of the summons and petition, provided, the
officer or other person making service shall also send a
copy of the summons in a sealed envelope with postage
fully prepaid, addressed to the person summoned at his or
her usual place of abode, at least 3 days before the time
stated in the summons for appearance; or (iii) leaving a
copy of the summons and petition with the guardian or
custodian of a minor, at least 3 days before the time
stated in the summons for appearance. If the guardian or
legal custodian is an agency of the State of Illinois,
proper service may be made by leaving a copy of the summons
and petition with any administrative employee of the
agency designated by the agency to accept the service of
summons and petitions. The certificate of the officer or
affidavit of the person that he or she has sent the copy
pursuant to this Section is sufficient proof of service.
(f) When a parent or other person, who has signed a
written promise to appear and bring the minor to court or
who has waived or acknowledged service, fails to appear
with the minor on the date set by the court, a bench
warrant may be issued for the parent or other person, the
minor, or both.
(2) Service by certified mail or publication.
(a) If service on individuals as provided in
subsection (1) is not made on any respondent within a
reasonable time or if it appears that any respondent


resides outside the State, service may be made by
certified mail. In that case the clerk shall mail the
summons and a copy of the petition to that respondent by
certified mail marked for delivery to addressee only. The
court shall not proceed with the adjudicatory hearing
until 5 days after the mailing. The regular return receipt
for certified mail is sufficient proof of service.
(b) If service upon individuals as provided in
subsection (1) is not made on any respondents within a
reasonable time or if any person is made a respondent
under the designation of "All Whom It May Concern", or if
service cannot be made because the whereabouts of a
respondent are unknown, service may be made by
publication. The clerk of the court as soon as possible
shall cause publication to be made once in a newspaper of
general circulation in the county where the action is
pending. Service by publication is not required in any
case when the person alleged to have legal custody of the
minor has been served with summons personally or by
certified mail, but the court may not enter any order or
judgment against any person who cannot be served with
process other than by publication unless service by
publication is given or unless that person appears.
Failure to provide service by publication to a
non-custodial parent whose whereabouts are unknown shall
not deprive the court of jurisdiction to proceed with a


trial or a plea of delinquency by the minor. When a minor
has been detained or sheltered under Section 5-501 of this
Act and summons has not been served personally or by
certified mail within 20 days from the date of the order of
court directing such detention or shelter care, the clerk
of the court shall cause publication. Service by
publication shall be substantially as follows:
"A, B, C, D, (here giving the names of the named
respondents, if any) and to All Whom It May Concern (if
there is any respondent under that designation):
Take notice that on (insert date) a petition was
filed under the Juvenile Court Act of 1987 by .... in
the circuit court of .... county entitled 'In the
interest of ...., a minor', and that in .... courtroom
at .... on (insert date) at the hour of ...., or as
soon thereafter as this cause may be heard, an
adjudicatory hearing will be held upon the petition to
have the child declared to be a ward of the court under
that Act. The court has authority in this proceeding
to take from you the custody and guardianship of the
minor.
Now, unless you appear at the hearing and show
cause against the petition, the allegations of the
petition may stand admitted as against you and each of
you, and an order or judgment entered.
........................................


Clerk
Dated (insert the date of publication)"
(c) The clerk shall also at the time of the
publication of the notice send a copy of the notice by mail
to each of the respondents on account of whom publication
is made at his or her last known address. The certificate
of the clerk that he or she has mailed the notice is
evidence of that mailing. No other publication notice is
required. Every respondent notified by publication under
this Section must appear and answer in open court at the
hearing. The court may not proceed with the adjudicatory
hearing until 10 days after service by publication on any
custodial parent, guardian or legal custodian of a minor
alleged to be delinquent.
(d) If it becomes necessary to change the date set for
the hearing in order to comply with this Section, notice
of the resetting of the date must be given, by certified
mail or other reasonable means, to each respondent who has
been served with summons personally or by certified mail.
(3) Once jurisdiction has been established over a party,
further service is not required and notice of any subsequent
proceedings in that prosecution shall be made in accordance
with provisions of Section 5-530.
(4) The appearance of the minor's parent, guardian or
legal custodian, or a person named as a respondent in a
petition, in any proceeding under this Act shall constitute a


waiver of service and submission to the jurisdiction of the
court. A copy of the petition shall be provided to the person
at the time of his or her appearance.
(5) Fines or assessments, such as fees or administrative
costs in the service of process, shall not be ordered or
imposed on a minor or a minor's parent, guardian, or legal
custodian.
(Source: P.A. 90-590, eff. 1-1-99; 91-357, eff. 7-29-99.)
(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 his or her parent, guardian or legal
custodian or that it is otherwise in the minor's interest to do
so.
(2) Unless the guardian ad litem is an attorney, he or she
shall be represented by counsel.
(3) The reasonable fees of a guardian ad litem appointed
under this Section shall be fixed by the court and charged to
the parents of the minor, to the extent they are able to pay.
If the parents are unable to pay those fees, they shall be paid
from the general fund of the county.
(4) If, during the court proceedings, the parents,
guardian, or legal custodian prove that he or she has an actual
conflict of interest with the minor in that delinquency


proceeding and that the parents, guardian, or legal custodian
are indigent, the court shall appoint a separate attorney for
that parent, guardian, or legal custodian.
(5) A guardian ad litem appointed under this Section for a
minor who is in the custody or guardianship of the Department
of Children and Family Services or who has an open intact
family services case with the Department of Children and
Family Services is entitled to receive copies of any and all
classified reports of child abuse or neglect made pursuant to
the Abused and Neglected Child Reporting Act in which the
minor, who is the subject of the report under the Abused and
Neglected Child Reporting Act, is also a minor for whom the
guardian ad litem is appointed under this Act. The Department
of Children and Family Services' obligation under this
subsection to provide reports to a guardian ad litem for a
minor with an open intact family services case applies only if
the guardian ad litem notified the Department in writing of
the representation.
(Source: P.A. 100-158, eff. 1-1-18.)
(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 respondent or minor respondent of the facts
supporting the petition and before the court makes a
finding of delinquency, and in the absence of objection
made in open court by the minor, his or her parent,
guardian, or legal custodian, the minor's attorney or the
State's Attorney; or
(b) upon a finding of delinquency and after
considering the circumstances of the offense and the
history, character, and condition of the minor, if the
court is of the opinion that:
(i) the minor is not likely to commit further
crimes;
(ii) the minor and the public would be best served
if the minor were not to receive a criminal record; and
(iii) in the best interests of justice an order of
continuance under supervision is more appropriate than
a sentence otherwise permitted under this Act.
(2) (Blank).
(3) Nothing in this Section limits the power of the court
to order a continuance of the hearing for the production of
additional evidence or for any other proper reason.
(4) When a hearing where a minor is alleged to be a
delinquent is continued pursuant to this Section, the period
of continuance under supervision may not exceed 24 months. The
court may terminate a continuance under supervision at any
time if warranted by the conduct of the minor and the ends of


justice or vacate the finding of delinquency or both.
(5) When a hearing where a minor is alleged to be
delinquent is continued pursuant to this Section, the court
may, as conditions of the continuance under supervision,
require the minor to do any of the following:
(a) not violate any criminal statute of any
jurisdiction;
(b) make a report to and appear in person before any
person or agency as directed by the court;
(c) work or pursue a course of study or vocational
training;
(d) undergo medical or psychotherapeutic treatment
rendered by a therapist licensed under the provisions of
the Medical Practice Act of 1987, the Clinical
Psychologist Licensing Act, or the Clinical Social Work
and Social Work Practice Act, or an entity licensed by the
Department of Human Services as a successor to the
Department of Alcoholism and Substance Abuse, for the
provision of substance use disorder services as defined in
Section 1-10 of the Substance Use Disorder Act;
(e) attend or reside in a facility established for the
instruction or residence of persons on probation;
(f) support his or her dependents, if any;
(g) (blank); pay costs;
(h) refrain from possessing a firearm or other
dangerous weapon, or an automobile;


(i) permit the probation officer to visit him or her
at his or her home or elsewhere;
(j) reside with his or her parents or in a foster home;
(k) attend school;
(k-5) with the consent of the superintendent of the
facility, attend an educational program at a facility
other than the school in which the offense was committed
if he or she committed a crime of violence as defined in
Section 2 of the Crime Victims Compensation Act in a
school, on the real property comprising a school, or
within 1,000 feet of the real property comprising a
school;
(l) attend a non-residential program for youth;
(m) provide nonfinancial contributions contribute to
his or her own support at home or in a foster home;
(n) perform some reasonable public or community
service that does not interfere with school hours,
school-related activities, or work commitments of the
minor or the minor's parent, guardian, or legal custodian;
(o) make restitution to the victim, in the same manner
and under the same conditions as provided in subsection
(4) of Section 5-710, except that the "sentencing hearing"
referred to in that Section shall be the adjudicatory
hearing for purposes of this Section;
(p) comply with curfew requirements as designated by
the court;


(q) refrain from entering into a designated geographic
area except upon terms as the court finds appropriate. The
terms may include consideration of the purpose of the
entry, the time of day, other persons accompanying the
minor, and advance approval by a probation officer;
(r) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(r-5) undergo a medical or other procedure to have a
tattoo symbolizing allegiance to a street gang removed
from his or her body;
(s) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or
the Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug; or
(t) comply with any other conditions as may be ordered
by the court.
(6) A minor whose case is continued under supervision
under subsection (5) shall be given a certificate setting
forth the conditions imposed by the court. Those conditions
may be reduced, enlarged, or modified by the court on motion of
the probation officer or on its own motion, or that of the


State's Attorney, or, at the request of the minor after notice
and hearing.
(7) If a petition is filed charging a violation of a
condition of the continuance under supervision, the court
shall conduct a hearing. If the court finds that a condition of
supervision has not been fulfilled, the court may proceed to
findings, adjudication, and disposition or adjudication and
disposition. The filing of a petition for violation of a
condition of the continuance under supervision shall toll the
period of continuance under supervision until the final
determination of the charge, and the term of the continuance
under supervision shall not run until the hearing and
disposition of the petition for violation; provided where the
petition alleges conduct that does not constitute a criminal
offense, the hearing must be held within 30 days of the filing
of the petition unless a delay shall continue the tolling of
the period of continuance under supervision for the period of
the delay.
(8) When a hearing in which a minor is alleged to be a
delinquent for reasons that include a violation of Section
21-1.3 of the Criminal Code of 1961 or the Criminal Code of
2012 is continued under this Section, the court shall, as a
condition of the continuance under supervision, require the
minor to perform community service for not less than 30 and not
more than 120 hours, if community service is available in the
jurisdiction. The community service shall include, but need


not be limited to, the cleanup and repair of the damage that
was caused by the alleged violation or similar damage to
property located in the municipality or county in which the
alleged violation occurred. The condition may be in addition
to any other condition. Community service shall not interfere
with the school hours, school-related activities, or work
commitments of the minor or the minor's parent, guardian, or
legal custodian.
(8.5) When a hearing in which a minor is alleged to be a
delinquent for reasons that include a violation of Section
3.02 or Section 3.03 of the Humane Care for Animals Act or
paragraph (d) of subsection (1) of Section 21-1 of the
Criminal Code of 1961 or paragraph (4) of subsection (a) of
Section 21-1 or the Criminal Code of 2012 is continued under
this Section, the court shall, as a condition of the
continuance under supervision, require the minor to undergo
medical or psychiatric treatment rendered by a psychiatrist or
psychological treatment rendered by a clinical psychologist.
The condition may be in addition to any other condition.
(9) When a hearing in which a minor is alleged to be a
delinquent is continued under this Section, the court, before
continuing the case, shall make a finding whether the offense
alleged to have been committed either: (i) was related to or in
furtherance of the activities of an organized gang or was
motivated by the minor's membership in or allegiance to an
organized gang, or (ii) is a violation of paragraph (13) of


subsection (a) of Section 12-2 or paragraph (2) of subsection
(c) of Section 12-2 of the Criminal Code of 1961 or the
Criminal Code of 2012, a violation of any Section of Article 24
of the Criminal Code of 1961 or the Criminal Code of 2012, or a
violation of any statute that involved the unlawful use of a
firearm. If the court determines the question in the
affirmative the court shall, as a condition of the continuance
under supervision and as part of or in addition to any other
condition of the supervision, require the minor to perform
community service for not less than 30 hours, provided that
community service is available in the jurisdiction and is
funded and approved by the county board of the county where the
offense was committed. The community service shall include,
but need not be limited to, the cleanup and repair of any
damage caused by an alleged violation of Section 21-1.3 of the
Criminal Code of 1961 or the Criminal Code of 2012 and similar
damage to property located in the municipality or county in
which the alleged violation occurred. When possible and
reasonable, the community service shall be performed in the
minor's neighborhood. For the purposes of this Section,
"organized gang" has the meaning ascribed to it in Section 10
of the Illinois Streetgang Terrorism Omnibus Prevention Act.
Community service shall not interfere with the school hours,
school-related activities, or work commitments of the minor or
the minor's parent, guardian, or legal custodian.
(10) (Blank). The court shall impose upon a minor placed


on supervision, as a condition of the supervision, a fee of $50
for each month of supervision ordered by the court, unless
after determining the inability of the minor placed on
supervision to pay the fee, the court assesses a lesser
amount. The court may not impose the fee on a minor who is
placed in the guardianship or custody of the Department of
Children and Family Services under this Act while the minor is
in placement. The fee shall be imposed only upon a minor who is
actively supervised by the probation and court services
department. A court may order the parent, guardian, or legal
custodian of the minor to pay some or all of the fee on the
minor's behalf.
(11) (Blank).
(12) Fines and assessments, including any fee or
administrative cost authorized under Section 5-4.5-105,
5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the
Unified Code of Corrections, shall not be ordered or imposed
on a minor or the minor's parent, guardian, or legal custodian
as a condition of continuance under supervision. If the minor
or the minor's parent, guardian, or legal custodian is unable
to cover the cost of a condition under this subsection, the
court shall not preclude the minor from receiving continuance
under supervision based on the inability to pay. Inability to
pay shall not be grounds to object to the minor's placement on
a continuance under supervision.
(Source: P.A. 100-159, eff. 8-18-17; 100-759, eff. 1-1-19;


101-2, eff. 7-1-19.)
(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 probation or conditional discharge and
released to his or her parents, guardian or legal
custodian, provided, however, that any such minor who
is not committed to the Department of Juvenile Justice
under this subsection and who is found to be a
delinquent for an offense which is first degree
murder, a Class X felony, or a forcible felony shall be
placed on probation;
(ii) placed in accordance with Section 5-740, with
or without also being put on probation or conditional
discharge;
(iii) required to undergo a substance abuse
assessment conducted by a licensed provider and
participate in the indicated clinical level of care;
(iv) on and after January 1, 2015 (the effective
date of Public Act 98-803) and before January 1, 2017,
placed in the guardianship of the Department of


Children and Family Services, but only if the
delinquent minor is under 16 years of age or, pursuant
to Article II of this Act, a minor under the age of 18
for whom an independent basis of abuse, neglect, or
dependency exists. On and after January 1, 2017,
placed in the guardianship of the Department of
Children and Family Services, but only if the
delinquent minor is under 15 years of age or, pursuant
to Article II of this Act, a minor for whom an
independent basis of abuse, neglect, or dependency
exists. An independent basis exists when the
allegations or adjudication of abuse, neglect, or
dependency do not arise from the same facts, incident,
or circumstances which give rise to a charge or
adjudication of delinquency;
(v) placed in detention for a period not to exceed
30 days, either as the exclusive order of disposition
or, where appropriate, in conjunction with any other
order of disposition issued under this paragraph,
provided that any such detention shall be in a
juvenile detention home and the minor so detained
shall be 10 years of age or older. However, the 30-day
limitation may be extended by further order of the
court for a minor under age 15 committed to the
Department of Children and Family Services if the
court finds that the minor is a danger to himself or


others. The minor shall be given credit on the
sentencing order of detention for time spent in
detention under Sections 5-501, 5-601, 5-710, or 5-720
of this Article as a result of the offense for which
the sentencing order was imposed. The court may grant
credit on a sentencing order of detention entered
under a violation of probation or violation of
conditional discharge under Section 5-720 of this
Article for time spent in detention before the filing
of the petition alleging the violation. A minor shall
not be deprived of credit for time spent in detention
before the filing of a violation of probation or
conditional discharge alleging the same or related act
or acts. The limitation that the minor shall only be
placed in a juvenile detention home does not apply as
follows:
Persons 18 years of age and older who have a
petition of delinquency filed against them may be
confined in an adult detention facility. In making a
determination whether to confine a person 18 years of
age or older who has a petition of delinquency filed
against the person, these factors, among other
matters, shall be considered:
(A) the age of the person;
(B) any previous delinquent or criminal
history of the person;


(C) any previous abuse or neglect history of
the person;
(D) any mental health history of the person;
and
(E) any educational history of the person;
(vi) ordered partially or completely emancipated
in accordance with the provisions of the Emancipation
of Minors Act;
(vii) subject to having his or her driver's
license or driving privileges suspended for such time
as determined by the court but only until he or she
attains 18 years of age;
(viii) put on probation or conditional discharge
and placed in detention under Section 3-6039 of the
Counties Code for a period not to exceed the period of
incarceration permitted by law for adults found guilty
of the same offense or offenses for which the minor was
adjudicated delinquent, and in any event no longer
than upon attainment of age 21; this subdivision
(viii) notwithstanding any contrary provision of the
law;
(ix) ordered to undergo a medical or other
procedure to have a tattoo symbolizing allegiance to a
street gang removed from his or her body; or
(x) placed in electronic monitoring or home
detention under Part 7A of this Article.


(b) A minor found to be guilty may be committed to the
Department of Juvenile Justice under Section 5-750 if the
minor is at least 13 years and under 20 years of age,
provided that the commitment to the Department of Juvenile
Justice shall be made only if the minor was found guilty of
a felony offense or first degree murder. The court shall
include in the sentencing order any pre-custody credits
the minor is entitled to under Section 5-4.5-100 of the
Unified Code of Corrections. The time during which a minor
is in custody before being released upon the request of a
parent, guardian or legal custodian shall also be
considered as time spent in custody.
(c) When a minor is found to be guilty for an offense
which is a violation of the Illinois Controlled Substances
Act, the Cannabis Control Act, or the Methamphetamine
Control and Community Protection Act and made a ward of
the court, the court may enter a disposition order
requiring the minor to undergo assessment, counseling or
treatment in a substance use disorder treatment program
approved by the Department of Human Services.
(2) Any sentencing order other than commitment to the
Department of Juvenile Justice may provide for protective
supervision under Section 5-725 and may include an order of
protection under Section 5-730.
(3) Unless the sentencing order expressly so provides, it
does not operate to close proceedings on the pending petition,


but is subject to modification until final closing and
discharge of the proceedings under Section 5-750.
(4) In addition to any other sentence, the court may order
any minor found to be delinquent to make restitution, in
monetary or non-monetary form, under the terms and conditions
of Section 5-5-6 of the Unified Code of Corrections, except
that the "presentencing hearing" referred to in that Section
shall be the sentencing hearing for purposes of this Section.
The parent, guardian or legal custodian of the minor may be
ordered by the court to pay some or all of the restitution on
the minor's behalf, pursuant to the Parental Responsibility
Law. The State's Attorney is authorized to act on behalf of any
victim in seeking restitution in proceedings under this
Section, up to the maximum amount allowed in Section 5 of the
Parental Responsibility Law.
(5) Any sentencing order where the minor is committed or
placed in accordance with Section 5-740 shall provide for the
parents or guardian of the estate of the minor to pay to the
legal custodian or guardian of the person of the minor such
sums as are determined by the custodian or guardian of the
person of the minor as necessary for the minor's needs. The
payments may not exceed the maximum amounts provided for by
Section 9.1 of the Children and Family Services Act.
(6) Whenever the sentencing order requires the minor to
attend school or participate in a program of training, the
truant officer or designated school official shall regularly


report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code. Notwithstanding
any other provision of this Act, in instances in which
educational services are to be provided to a minor in a
residential facility where the minor has been placed by the
court, costs incurred in the provision of those educational
services must be allocated based on the requirements of the
School Code.
(7) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for a period of time in excess
of that period for which an adult could be committed for the
same act. The court shall include in the sentencing order a
limitation on the period of confinement not to exceed the
maximum period of imprisonment the court could impose under
Chapter V of the Unified Code of Corrections.
(7.5) In no event shall a guilty minor be committed to the
Department of Juvenile Justice or placed in detention when the
act for which the minor was adjudicated delinquent would not
be illegal if committed by an adult.
(7.6) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for an offense which is a Class
4 felony under Section 19-4 (criminal trespass to a
residence), 21-1 (criminal damage to property), 21-1.01
(criminal damage to government supported property), 21-1.3
(criminal defacement of property), 26-1 (disorderly conduct),
or 31-4 (obstructing justice) of the Criminal Code of 2012.


(7.75) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for an offense that is a Class 3
or Class 4 felony violation of the Illinois Controlled
Substances Act unless the commitment occurs upon a third or
subsequent judicial finding of a violation of probation for
substantial noncompliance with court-ordered treatment or
programming.
(8) A minor found to be guilty for reasons that include a
violation of Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012 shall be ordered to perform community
service for not less than 30 and not more than 120 hours, if
community service is available in the jurisdiction. The
community service shall include, but need not be limited to,
the cleanup and repair of the damage that was caused by the
violation or similar damage to property located in the
municipality or county in which the violation occurred. The
order may be in addition to any other order authorized by this
Section. Community service shall not interfere with the school
hours, school-related activities, or work commitments of the
minor or the minor's parent, guardian, or legal custodian.
(8.5) A minor found to be guilty for reasons that include a
violation of Section 3.02 or Section 3.03 of the Humane Care
for Animals Act or paragraph (d) of subsection (1) of Section
21-1 of the Criminal Code of 1961 or paragraph (4) of
subsection (a) of Section 21-1 of the Criminal Code of 2012
shall be ordered to undergo medical or psychiatric treatment


rendered by a psychiatrist or psychological treatment rendered
by a clinical psychologist. The order may be in addition to any
other order authorized by this Section.
(9) In addition to any other sentencing order, the court
shall order any minor found to be guilty for an act which would
constitute, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal sexual assault,
aggravated criminal sexual abuse, or criminal sexual abuse if
committed by an adult to undergo medical testing to determine
whether the defendant has any sexually transmissible disease
including a test for infection with human immunodeficiency
virus (HIV) or any other identified causative agency of
acquired immunodeficiency syndrome (AIDS). Any medical test
shall be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily fluids
as well as an examination of the minor's person. Except as
otherwise provided by law, the results of the test shall be
kept strictly confidential by all medical personnel involved
in the testing and must be personally delivered in a sealed
envelope to the judge of the court in which the sentencing
order was entered for the judge's inspection in camera. Acting
in accordance with the best interests of the victim and the
public, the judge shall have the discretion to determine to
whom the results of the testing may be revealed. The court
shall notify the minor of the results of the test for infection
with the human immunodeficiency virus (HIV). The court shall


also notify the victim if requested by the victim, and if the
victim is under the age of 15 and if requested by the victim's
parents or legal guardian, the court shall notify the victim's
parents or the legal guardian, of the results of the test for
infection with the human immunodeficiency virus (HIV). The
court shall provide information on the availability of HIV
testing and counseling at the Department of Public Health
facilities to all parties to whom the results of the testing
are revealed. The court shall order that the cost of any test
shall be paid by the county and may be taxed as costs against
the minor.
(10) When a court finds a minor to be guilty the court
shall, before entering a sentencing order under this Section,
make a finding whether the offense committed either: (a) was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the minor's membership in
or allegiance to an organized gang, or (b) involved a
violation of subsection (a) of Section 12-7.1 of the Criminal
Code of 1961 or the Criminal Code of 2012, a violation of any
Section of Article 24 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a violation of any statute that
involved the wrongful use of a firearm. If the court
determines the question in the affirmative, and the court does
not commit the minor to the Department of Juvenile Justice,
the court shall order the minor to perform community service
for not less than 30 hours nor more than 120 hours, provided


that community service is available in the jurisdiction and is
funded and approved by the county board of the county where the
offense was committed. The community service shall include,
but need not be limited to, the cleanup and repair of any
damage caused by a violation of Section 21-1.3 of the Criminal
Code of 1961 or the Criminal Code of 2012 and similar damage to
property located in the municipality or county in which the
violation occurred. When possible and reasonable, the
community service shall be performed in the minor's
neighborhood. This order shall be in addition to any other
order authorized by this Section except for an order to place
the minor in the custody of the Department of Juvenile
Justice. Community service shall not interfere with the school
hours, school-related activities, or work commitments of the
minor or the minor's parent, guardian, or legal custodian. For
the purposes of this Section, "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(11) If the court determines that the offense was
committed in furtherance of the criminal activities of an
organized gang, as provided in subsection (10), and that the
offense involved the operation or use of a motor vehicle or the
use of a driver's license or permit, the court shall notify the
Secretary of State of that determination and of the period for
which the minor shall be denied driving privileges. If, at the
time of the determination, the minor does not hold a driver's


license or permit, the court shall provide that the minor
shall not be issued a driver's license or permit until his or
her 18th birthday. If the minor holds a driver's license or
permit at the time of the determination, the court shall
provide that the minor's driver's license or permit shall be
revoked until his or her 21st birthday, or until a later date
or occurrence determined by the court. If the minor holds a
driver's license at the time of the determination, the court
may direct the Secretary of State to issue the minor a judicial
driving permit, also known as a JDP. The JDP shall be subject
to the same terms as a JDP issued under Section 6-206.1 of the
Illinois Vehicle Code, except that the court may direct that
the JDP be effective immediately.
(12) (Blank).
(13) Fines and assessments, including any fee or
administrative cost authorized under Section 5-4.5-105,
5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the
Unified Code of Corrections, relating to any sentencing order
shall not be ordered or imposed on a minor or the minor's
parent, guardian, or legal custodian. The inability of a
minor, or minor's parent, guardian, or legal custodian, to
cover the costs associated with an appropriate sentencing
order shall not be the basis for the court to enter a
sentencing order incongruent with the court's findings
regarding the offense on which the minor was adjudicated or
the mitigating factors.


(Source: P.A. 101-2, eff. 7-1-19; 101-79, eff. 7-12-19;
101-159, eff. 1-1-20; 102-558, eff. 8-20-21.)
(705 ILCS 405/5-715)
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 for a minor who is found to be guilty for an offense
which is first degree murder. The juvenile court may terminate
probation or conditional discharge and discharge the minor at
any time if warranted by the conduct of the minor and the ends
of justice; provided, however, that the period of probation
for a minor who is found to be guilty for an offense which is
first degree murder shall be at least 5 years.
(1.5) The period of probation for a minor who is found
guilty of aggravated criminal sexual assault, criminal sexual
assault, or aggravated battery with a firearm shall be at
least 36 months. The period of probation for a minor who is
found to be guilty of any other Class X felony shall be at
least 24 months. The period of probation for a Class 1 or Class
2 forcible felony shall be at least 18 months. Regardless of
the length of probation ordered by the court, for all offenses
under this paragraph (1.5), the court shall schedule hearings
to determine whether it is in the best interest of the minor
and public safety to terminate probation after the minimum


period of probation has been served. In such a hearing, there
shall be a rebuttable presumption that it is in the best
interest of the minor and public safety to terminate
probation.
(2) The court may as a condition of probation or of
conditional discharge require that the minor:
(a) not violate any criminal statute of any
jurisdiction;
(b) make a report to and appear in person before any
person or agency as directed by the court;
(c) work or pursue a course of study or vocational
training;
(d) undergo medical or psychiatric treatment, rendered
by a psychiatrist or psychological treatment rendered by a
clinical psychologist or social work services rendered by
a clinical social worker, or treatment for drug addiction
or alcoholism;
(e) attend or reside in a facility established for the
instruction or residence of persons on probation;
(f) support his or her dependents, if any;
(g) refrain from possessing a firearm or other
dangerous weapon, or an automobile;
(h) permit the probation officer to visit him or her
at his or her home or elsewhere;
(i) reside with his or her parents or in a foster home;
(j) attend school;


(j-5) with the consent of the superintendent of the
facility, attend an educational program at a facility
other than the school in which the offense was committed
if he or she committed a crime of violence as defined in
Section 2 of the Crime Victims Compensation Act in a
school, on the real property comprising a school, or
within 1,000 feet of the real property comprising a
school;
(k) attend a non-residential program for youth;
(l) make restitution under the terms of subsection (4)
of Section 5-710;
(m) provide nonfinancial contributions contribute to
his or her own support at home or in a foster home;
(n) perform some reasonable public or community
service that does not interfere with school hours,
school-related activities, or work commitments of the
minor or the minor's parent, guardian, or legal custodian;
(o) participate with community corrections programs
including unified delinquency intervention services
administered by the Department of Human Services subject
to Section 5 of the Children and Family Services Act;
(p) (blank) pay costs;
(q) serve a term of home confinement. In addition to
any other applicable condition of probation or conditional
discharge, the conditions of home confinement shall be
that the minor:


(i) remain within the interior premises of the
place designated for his or her confinement during the
hours designated by the court;
(ii) admit any person or agent designated by the
court into the minor's place of confinement at any
time for purposes of verifying the minor's compliance
with the conditions of his or her confinement; and
(iii) use an approved electronic monitoring device
if ordered by the court subject to Article 8A of
Chapter V of the Unified Code of Corrections;
(r) refrain from entering into a designated geographic
area except upon terms as the court finds appropriate. The
terms may include consideration of the purpose of the
entry, the time of day, other persons accompanying the
minor, and advance approval by a probation officer, if the
minor has been placed on probation, or advance approval by
the court, if the minor has been placed on conditional
discharge;
(s) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(s-5) undergo a medical or other procedure to have a
tattoo symbolizing allegiance to a street gang removed
from his or her body;
(t) refrain from having in his or her body the


presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or
the Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and shall submit samples
of his or her blood or urine or both for tests to determine
the presence of any illicit drug; or
(u) comply with other conditions as may be ordered by
the court.
(3) The court may as a condition of probation or of
conditional discharge require that a minor found guilty on any
alcohol, cannabis, methamphetamine, or controlled substance
violation, refrain from acquiring a driver's license during
the period of probation or conditional discharge. If the minor
is in possession of a permit or license, the court may require
that the minor refrain from driving or operating any motor
vehicle during the period of probation or conditional
discharge, except as may be necessary in the course of the
minor's lawful employment.
(3.5) The court shall, as a condition of probation or of
conditional discharge, require that a minor found to be guilty
and placed on probation for reasons that include a violation
of Section 3.02 or Section 3.03 of the Humane Care for Animals
Act or paragraph (4) of subsection (a) of Section 21-1 of the
Criminal Code of 2012 undergo medical or psychiatric treatment
rendered by a psychiatrist or psychological treatment rendered
by a clinical psychologist. The condition may be in addition


to any other condition.
(3.10) The court shall order that a minor placed on
probation or conditional discharge for a sex offense as
defined in the Sex Offender Management Board Act undergo and
successfully complete sex offender treatment. The treatment
shall be in conformance with the standards developed under the
Sex Offender Management Board Act and conducted by a treatment
provider approved by the Board. The treatment shall be at the
expense of the person evaluated based upon that person's
ability to pay for the treatment.
(4) A minor on probation or conditional discharge shall be
given a certificate setting forth the conditions upon which he
or she is being released.
(5) (Blank). The court shall impose upon a minor placed on
probation or conditional discharge, as a condition of the
probation or conditional discharge, a fee of $50 for each
month of probation or conditional discharge supervision
ordered by the court, unless after determining the inability
of the minor placed on probation or conditional discharge to
pay the fee, the court assesses a lesser amount. The court may
not impose the fee on a minor who is placed in the guardianship
or custody of the Department of Children and Family Services
under this Act while the minor is in placement. The fee shall
be imposed only upon a minor who is actively supervised by the
probation and court services department. The court may order
the parent, guardian, or legal custodian of the minor to pay


some or all of the fee on the minor's behalf.
(5.5) Jurisdiction over an offender may be transferred
from the sentencing court to the court of another circuit with
the concurrence of both courts. Further transfers or
retransfers of jurisdiction are also authorized in the same
manner. The court to which jurisdiction has been transferred
shall have the same powers as the sentencing court. The
probation department within the circuit to which jurisdiction
has been transferred, or which has agreed to provide
supervision, may impose probation fees upon receiving the
transferred offender, as provided in subsection (i) of Section
5-6-3 of the Unified Code of Corrections. For all transfer
cases, as defined in Section 9b of the Probation and Probation
Officers Act, the probation department from the original
sentencing court shall retain all probation fees collected
prior to the transfer. After the transfer, all probation fees
shall be paid to the probation department within the circuit
to which jurisdiction has been transferred.
If the transfer case originated in another state and has
been transferred under the Interstate Compact for Juveniles to
the jurisdiction of an Illinois circuit court for supervision
by an Illinois probation department, probation fees may be
imposed only if permitted by the Interstate Commission for
Juveniles.
(6) The General Assembly finds that in order to protect
the public, the juvenile justice system must compel compliance


with the conditions of probation by responding to violations
with swift, certain, and fair punishments and intermediate
sanctions. The Chief Judge of each circuit shall adopt a
system of structured, intermediate sanctions for violations of
the terms and conditions of a sentence of supervision,
probation or conditional discharge, under this Act.
The court shall provide as a condition of a disposition of
probation, conditional discharge, or supervision, that the
probation agency may invoke any sanction from the list of
intermediate sanctions adopted by the chief judge of the
circuit court for violations of the terms and conditions of
the sentence of probation, conditional discharge, or
supervision, subject to the provisions of Section 5-720 of
this Act.
(7) Fines and assessments, including any fee or
administrative cost authorized under Section 5-4.5-105,
5-5-10, 5-6-3, 5-6-3.1, 5-7-6, 5-9-1.4, or 5-9-1.9 of the
Unified Code of Corrections, shall not be ordered or imposed
on a minor or the minor's parent, guardian, or legal custodian
as a condition of probation, conditional discharge, or
supervision. If the minor or the minor's parent, guardian, or
legal custodian is unable to cover the cost of a condition
under this subsection, the court shall not preclude the minor
from receiving probation, conditional discharge, or
supervision based on the inability to pay. Inability to pay
shall not be grounds to object to the minor's placement on


probation, conditional discharge, or supervision.
(Source: P.A. 99-879, eff. 1-1-17; 100-159, eff. 8-18-17.)
(705 ILCS 405/5-915)
Sec. 5-915. Expungement of juvenile law enforcement and
juvenile court records.
(0.05) (Blank).
(0.1) (a) The Illinois State Police and all law
enforcement agencies within the State shall automatically
expunge, on or before January 1 of each year, except as
described in paragraph (c) of subsection (0.1), all juvenile
law enforcement records relating to events occurring before an
individual's 18th birthday if:
(1) one year or more has elapsed since the date of the
arrest or law enforcement interaction documented in the
records;
(2) no petition for delinquency or criminal charges
were filed with the clerk of the circuit court relating to
the arrest or law enforcement interaction documented in
the records; and
(3) 6 months have elapsed since the date of the arrest
without an additional subsequent arrest or filing of a
petition for delinquency or criminal charges whether
related or not to the arrest or law enforcement
interaction documented in the records.
(b) If the law enforcement agency is unable to verify


satisfaction of conditions (2) and (3) of this subsection
(0.1), records that satisfy condition (1) of this subsection
(0.1) shall be automatically expunged if the records relate to
an offense that if committed by an adult would not be an
offense classified as a Class 2 felony or higher, an offense
under Article 11 of the Criminal Code of 1961 or Criminal Code
of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961.
(c) If the juvenile law enforcement record was received
through a public submission to a statewide student
confidential reporting system administered by the Illinois
State Police, the record will be maintained for a period of 5
years according to all other provisions in subsection (0.1).
(0.15) If a juvenile law enforcement record meets
paragraph (a) of subsection (0.1) of this Section, a juvenile
law enforcement record created:
(1) prior to January 1, 2018, but on or after January
1, 2013 shall be automatically expunged prior to January
1, 2020;
(2) prior to January 1, 2013, but on or after January
1, 2000, shall be automatically expunged prior to January
1, 2023; and
(3) prior to January 1, 2000 shall not be subject to
the automatic expungement provisions of this Act.
Nothing in this subsection (0.15) shall be construed to
restrict or modify an individual's right to have his or her


juvenile law enforcement records expunged except as otherwise
may be provided in this Act.
(0.2) (a) Upon dismissal of a petition alleging
delinquency or upon a finding of not delinquent, the
successful termination of an order of supervision, or the
successful termination of an adjudication for an offense which
would be a Class B misdemeanor, Class C misdemeanor, or a petty
or business offense if committed by an adult, the court shall
automatically order the expungement of the juvenile court
records and juvenile law enforcement records. The clerk shall
deliver a certified copy of the expungement order to the
Illinois State Police and the arresting agency. Upon request,
the State's Attorney shall furnish the name of the arresting
agency. The expungement shall be completed within 60 business
days after the receipt of the expungement order.
(b) If the chief law enforcement officer of the agency, or
his or her designee, certifies in writing that certain
information is needed for a pending investigation involving
the commission of a felony, that information, and information
identifying the juvenile, may be retained until the statute of
limitations for the felony has run. If the chief law
enforcement officer of the agency, or his or her designee,
certifies in writing that certain information is needed with
respect to an internal investigation of any law enforcement
office, that information and information identifying the
juvenile may be retained within an intelligence file until the


investigation is terminated or the disciplinary action,
including appeals, has been completed, whichever is later.
Retention of a portion of a juvenile's law enforcement record
does not disqualify the remainder of his or her record from
immediate automatic expungement.
(0.3) (a) Upon an adjudication of delinquency based on any
offense except a disqualified offense, the juvenile court
shall automatically order the expungement of the juvenile
court and law enforcement records 2 years after the juvenile's
case was closed if no delinquency or criminal proceeding is
pending and the person has had no subsequent delinquency
adjudication or criminal conviction. The clerk shall deliver a
certified copy of the expungement order to the Illinois State
Police and the arresting agency. Upon request, the State's
Attorney shall furnish the name of the arresting agency. The
expungement shall be completed within 60 business days after
the receipt of the expungement order. In this subsection
(0.3), "disqualified offense" means any of the following
offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2,
10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05,
12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5,
12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4,
18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5,
24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1,
31-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or


subsection (b) of Section 8-1, paragraph (4) of subsection (a)
of Section 11-14.4, subsection (a-5) of Section 12-3.1,
paragraph (1), (2), or (3) of subsection (a) of Section 12-6,
subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or
(2) of subsection (a) of Section 12-7.4, subparagraph (i) of
paragraph (1) of subsection (a) of Section 12-9, subparagraph
(H) of paragraph (3) of subsection (a) of Section 24-1.6,
paragraph (1) of subsection (a) of Section 25-1, or subsection
(a-7) of Section 31-1 of the Criminal Code of 2012.
(b) If the chief law enforcement officer of the agency, or
his or her designee, certifies in writing that certain
information is needed for a pending investigation involving
the commission of a felony, that information, and information
identifying the juvenile, may be retained in an intelligence
file until the investigation is terminated or for one
additional year, whichever is sooner. Retention of a portion
of a juvenile's juvenile law enforcement record does not
disqualify the remainder of his or her record from immediate
automatic expungement.
(0.4) Automatic expungement for the purposes of this
Section shall not require law enforcement agencies to
obliterate or otherwise destroy juvenile law enforcement
records that would otherwise need to be automatically expunged
under this Act, except after 2 years following the subject
arrest for purposes of use in civil litigation against a
governmental entity or its law enforcement agency or personnel


which created, maintained, or used the records. However, these
juvenile law enforcement records shall be considered expunged
for all other purposes during this period and the offense,
which the records or files concern, shall be treated as if it
never occurred as required under Section 5-923.
(0.5) Subsection (0.1) or (0.2) of this Section does not
apply to violations of traffic, boating, fish and game laws,
or county or municipal ordinances.
(0.6) Juvenile law enforcement records of a plaintiff who
has filed civil litigation against the governmental entity or
its law enforcement agency or personnel that created,
maintained, or used the records, or juvenile law enforcement
records that contain information related to the allegations
set forth in the civil litigation may not be expunged until
after 2 years have elapsed after the conclusion of the
lawsuit, including any appeal.
(0.7) Officer-worn body camera recordings shall not be
automatically expunged except as otherwise authorized by the
Law Enforcement Officer-Worn Body Camera Act.
(1) Whenever a person has been arrested, charged, or
adjudicated delinquent for an incident occurring before his or
her 18th birthday that if committed by an adult would be an
offense, and that person's juvenile law enforcement and
juvenile court records are not eligible for automatic
expungement under subsection (0.1), (0.2), or (0.3), the
person may petition the court at any time at no cost to the


person for expungement of juvenile law enforcement records and
juvenile court records relating to the incident and, upon
termination of all juvenile court proceedings relating to that
incident, the court shall order the expungement of all records
in the possession of the Illinois State Police, the clerk of
the circuit court, and law enforcement agencies relating to
the incident, but only in any of the following circumstances:
(a) the minor was arrested and no petition for
delinquency was filed with the clerk of the circuit court;
(a-5) the minor was charged with an offense and the
petition or petitions were dismissed without a finding of
delinquency;
(b) the minor was charged with an offense and was
found not delinquent of that offense;
(c) the minor was placed under supervision under
Section 5-615, and the order of supervision has since been
successfully terminated; or
(d) the minor was adjudicated for an offense which
would be a Class B misdemeanor, Class C misdemeanor, or a
petty or business offense if committed by an adult.
(1.5) At no cost to the person, the The Illinois State
Police shall allow a person to use the Access and Review
process, established in the Illinois State Police, for
verifying that his or her juvenile law enforcement records
relating to incidents occurring before his or her 18th
birthday eligible under this Act have been expunged.


(1.6) (Blank).
(1.7) (Blank).
(1.8) (Blank).
(2) Any person whose delinquency adjudications are not
eligible for automatic expungement under subsection (0.3) of
this Section may petition the court at no cost to the person to
expunge all juvenile law enforcement records relating to any
incidents occurring before his or her 18th birthday which did
not result in proceedings in criminal court and all juvenile
court records with respect to any adjudications except those
based upon first degree murder or an offense under Article 11
of the Criminal Code of 2012 if the person is required to
register under the Sex Offender Registration Act at the time
he or she petitions the court for expungement; provided that 2
years have elapsed since all juvenile court proceedings
relating to him or her have been terminated and his or her
commitment to the Department of Juvenile Justice under this
Act has been terminated.
(2.5) If a minor is arrested and no petition for
delinquency is filed with the clerk of the circuit court at the
time the minor is released from custody, the youth officer, if
applicable, or other designated person from the arresting
agency, shall notify verbally and in writing to the minor or
the minor's parents or guardians that the minor shall have an
arrest record and shall provide the minor and the minor's
parents or guardians with an expungement information packet,


information regarding this State's expungement laws including
a petition to expunge juvenile law enforcement and juvenile
court records obtained from the clerk of the circuit court.
(2.6) If a minor is referred to court, then, at the time of
sentencing, dismissal of the case, or successful completion of
supervision, the judge shall inform the delinquent minor of
his or her rights regarding expungement and the clerk of the
circuit court shall provide an expungement information packet
to the minor, written in plain language, including information
regarding this State's expungement laws and a petition for
expungement, a sample of a completed petition, expungement
instructions that shall include information informing the
minor that (i) once the case is expunged, it shall be treated
as if it never occurred, (ii) he or she shall not be charged a
fee to petition for expungement may apply to have petition
fees waived, (iii) once he or she obtains an expungement, he or
she may not be required to disclose that he or she had a
juvenile law enforcement or juvenile court record, and (iv) if
petitioning he or she may file the petition on his or her own
or with the assistance of an attorney. The failure of the judge
to inform the delinquent minor of his or her right to petition
for expungement as provided by law does not create a
substantive right, nor is that failure grounds for: (i) a
reversal of an adjudication of delinquency; (ii) a new trial;
or (iii) an appeal.
(2.7) (Blank).


(2.8) (Blank).
(3) (Blank).
(3.1) (Blank).
(3.2) (Blank).
(3.3) (Blank).
(4) (Blank).
(5) (Blank).
(5.5) Whether or not expunged, records eligible for
automatic expungement under subdivision (0.1)(a), (0.2)(a), or
(0.3)(a) may be treated as expunged by the individual subject
to the records.
(6) (Blank).
(6.5) The Illinois State Police or any employee of the
Illinois State Police shall be immune from civil or criminal
liability for failure to expunge any records of arrest that
are subject to expungement under this Section because of
inability to verify a record. Nothing in this Section shall
create Illinois State Police liability or responsibility for
the expungement of juvenile law enforcement records it does
not possess.
(7) (Blank).
(7.5) (Blank).
(8) The expungement of juvenile law enforcement or
juvenile court records under subsection (0.1), (0.2), or (0.3)
of this Section shall be funded by appropriation by the
General Assembly for that purpose.


(9) (Blank).
(10) (Blank).
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
102-752, eff. 1-1-23; revised 8-23-22.)
(705 ILCS 405/6-7) (from Ch. 37, par. 806-7)
Sec. 6-7. Financial responsibility of counties.
(1) Each county board shall provide in its annual
appropriation ordinance or annual budget, as the case may be,
a reasonable sum for payments for the care and support of
minors, and for payments for court appointed counsel in
accordance with orders entered under this Act in an amount
which in the judgment of the county board may be needed for
that purpose. Such appropriation or budget item constitutes a
separate fund into which shall be paid not only the moneys
appropriated by the county board, and but also all
reimbursements by parents and other persons and by the State.
For cases involving minors subject to Article III, IV, or V of
this Act or minors under the age of 18 transferred to adult
court or excluded from juvenile court jurisdiction under
Article V of this Act, the county board shall not seek
reimbursement from a minor or the minor's parent, guardian, or
legal custodian.
(2) No county may be charged with the care and support of
any minor who is not a resident of the county unless his
parents or guardian are unknown or the minor's place of


residence cannot be determined.
(3) No order upon the county for care and support of a
minor may be entered until the president or chairman of the
county board has had due notice that such a proceeding is
pending.
(Source: P.A. 85-1235; 85-1443; 86-820.)
(705 ILCS 405/6-9) (from Ch. 37, par. 806-9)
Sec. 6-9. Enforcement of liability of parents and others.
(1) If parentage is at issue in any proceeding under this
Act, other than cases involving those exceptions to the
definition of parent set out in item (11) in Section 1-3, then
the Illinois Parentage Act of 2015 shall apply and the court
shall enter orders consistent with that Act. If it appears at
any hearing that a parent or any other person named in the
petition, liable under the law for the support of the minor, is
able to contribute to his or her support, the court shall enter
an order requiring that parent or other person to pay the clerk
of the court, or to the guardian or custodian appointed under
Section 2-27 Sections 2-27, 3-28, 4-25 or 5-740, a reasonable
sum from time to time for the care, support, and necessary
special care or treatment, of the minor. If the court
determines at any hearing that a parent or any other person
named in the petition, liable under the law for the support of
the minor, is able to contribute to help defray the costs
associated with the minor's detention in a county or regional


detention center, the court shall enter an order requiring
that parent or other person to pay the clerk of the court a
reasonable sum for the care and support of the minor. The court
may require reasonable security for the payments. Upon failure
to pay, the court may enforce obedience to the order by a
proceeding as for contempt of court.
Costs associated with detention, legal representation, or
other services or programs under Article III, IV, or V of this
Act shall not be ordered or imposed on a parent, guardian, or
legal custodian liable under the law for the support of a
minor.
If it appears that the person liable for the support of the
minor is able to contribute to legal fees for representation
of the minor, the court shall enter an order requiring that
person to pay a reasonable sum for the representation, to the
attorney providing the representation or to the clerk of the
court for deposit in the appropriate account or fund. The sum
may be paid as the court directs, and the payment thereof
secured and enforced as provided in this Section for support.
If it appears at the detention or shelter care hearing of a
minor before the court under Section 5-501 that a parent or any
other person liable for support of the minor is able to
contribute to his or her support, that parent or other person
shall be required to pay a fee for room and board at a rate not
to exceed $10 per day established, with the concurrence of the
chief judge of the judicial circuit, by the county board of the


county in which the minor is detained unless the court
determines that it is in the best interest and welfare of the
minor to waive the fee. The concurrence of the chief judge
shall be in the form of an administrative order. Each week, on
a day designated by the clerk of the circuit court, that parent
or other person shall pay the clerk for the minor's room and
board. All fees for room and board collected by the circuit
court clerk shall be disbursed into the separate county fund
under Section 6-7.
Upon application, the court shall waive liability for
support or legal fees under this Section if the parent or other
person establishes that he or she is indigent and unable to pay
the incurred liability, and the court may reduce or waive
liability if the parent or other person establishes
circumstances showing that full payment of support or legal
fees would result in financial hardship to the person or his or
her family.
(2) (Blank). When a person so ordered to pay for the care
and support of a minor is employed for wages, salary or
commission, the court may order him to make the support
payments for which he is liable under this Act out of his
wages, salary or commission and to assign so much thereof as
will pay the support. The court may also order him to make
discovery to the court as to his place of employment and the
amounts earned by him. Upon his failure to obey the orders of
court he may be punished as for contempt of court.


(3) If the minor is a recipient of public aid under the
Illinois Public Aid Code, the court shall order that payments
made by a parent or through assignment of his wages, salary or
commission be made directly to (a) the Department of
Healthcare and Family Services if the minor is a recipient of
aid under Article V of the Code, (b) the Department of Human
Services if the minor is a recipient of aid under Article IV of
the Code, or (c) the local governmental unit responsible for
the support of the minor if he is a recipient under Articles VI
or VII of the Code. The order shall permit the Department of
Healthcare and Family Services, the Department of Human
Services, or the local governmental unit, as the case may be,
to direct that subsequent payments be made directly to the
guardian or custodian of the minor, or to some other person or
agency in the minor's behalf, upon removal of the minor from
the public aid rolls; and upon such direction and removal of
the minor from the public aid rolls, the Department of
Healthcare and Family Services, Department of Human Services,
or local governmental unit, as the case requires, shall give
written notice of such action to the court. Payments received
by the Department of Healthcare and Family Services,
Department of Human Services, or local governmental unit are
to be covered, respectively, into the General Revenue Fund of
the State Treasury or General Assistance Fund of the
governmental unit, as provided in Section 10-19 of the
Illinois Public Aid Code.


(Source: P.A. 99-85, eff. 1-1-16.)
Section 25. The Juvenile Drug Court Treatment Act is
amended by changing Section 25 as follows:
(705 ILCS 410/25)
Sec. 25. Procedure.
(a) The court shall order an eligibility screening and an
assessment of the minor by an agent designated by the State of
Illinois to provide assessment services for the Illinois
Courts. An assessment need not be ordered if the court finds a
valid assessment related to the present charge pending against
the minor has been completed within the previous 60 days.
(b) The judge shall inform the minor that if the minor
fails to meet the conditions of the drug court program,
eligibility to participate in the program may be revoked and
the minor may be sentenced or the prosecution continued as
provided in the Juvenile Court Act of 1987 for the crime
charged.
(c) The minor shall execute a written agreement as to his
or her participation in the program and shall agree to all of
the terms and conditions of the program, including but not
limited to the possibility of sanctions or incarceration for
failing to abide or comply with the terms of the program.
(d) In addition to any conditions authorized under
Sections 5-505, 5-710, and 5-715 of the Juvenile Court Act of


1987, the court may order the minor to complete substance
abuse treatment in an outpatient, inpatient, residential, or
detention-based custodial treatment program. Any period of
time a minor shall serve in a detention-based treatment
program may not be reduced by the accumulation of good time or
other credits and may be for a period of up to 120 days.
(e) The drug court program shall include a regimen of
graduated requirements and rewards and sanctions, including,
but not limited to: fines, costs, restitution, reasonable
public service employment, incarceration of up to 120 days,
individual and group therapy, drug analysis testing, close
monitoring by the court at a minimum of once every 30 days and
supervision of progress, educational or vocational counseling
as appropriate, and other requirements necessary to fulfill
the drug court program. Reasonable public service shall not
interfere with school hours, school-related activities, or
work commitments of the minor or the minor's parent, guardian,
or legal custodian.
(f) Fines and assessments, such as fees or administrative
costs, under this Section shall not be ordered or imposed
against minors or their parents, guardians, or legal
custodians.
(Source: P.A. 92-559, eff. 1-1-03.)
Section 30. The Criminal Code of 2012 is amended by
changing Section 12C-60 as follows:


(720 ILCS 5/12C-60)
(Text of Section before amendment by P.A. 102-982)
Sec. 12C-60. Curfew.
(a) Curfew offenses.
(1) A minor commits a curfew offense when he or she
remains in any public place or on the premises of any
establishment during curfew hours.
(2) A parent or guardian of a minor or other person in
custody or control of a minor commits a curfew offense
when he or she knowingly permits the minor to remain in any
public place or on the premises of any establishment
during curfew hours.
(b) Curfew defenses. It is a defense to prosecution under
subsection (a) that the minor was:
(1) accompanied by the minor's parent or guardian or
other person in custody or control of the minor;
(2) on an errand at the direction of the minor's
parent or guardian, without any detour or stop;
(3) in a motor vehicle involved in interstate travel;
(4) engaged in an employment activity or going to or
returning home from an employment activity, without any
detour or stop;
(5) involved in an emergency;
(6) on the sidewalk abutting the minor's residence or
abutting the residence of a next-door neighbor if the


neighbor did not complain to the police department about
the minor's presence;
(7) attending an official school, religious, or other
recreational activity supervised by adults and sponsored
by a government or governmental agency, a civic
organization, or another similar entity that takes
responsibility for the minor, or going to or returning
home from, without any detour or stop, an official school,
religious, or other recreational activity supervised by
adults and sponsored by a government or governmental
agency, a civic organization, or another similar entity
that takes responsibility for the minor;
(8) exercising First Amendment rights protected by the
United States Constitution, such as the free exercise of
religion, freedom of speech, and the right of assembly; or
(9) married or had been married or is an emancipated
minor under the Emancipation of Minors Act.
(c) Enforcement. Before taking any enforcement action
under this Section, a law enforcement officer shall ask the
apparent offender's age and reason for being in the public
place. The officer shall not issue a citation or make an arrest
under this Section unless the officer reasonably believes that
an offense has occurred and that, based on any response and
other circumstances, no defense in subsection (b) is present.
(d) Definitions. In this Section:
(1) "Curfew hours" means:


(A) Between 12:01 a.m. and 6:00 a.m. on Saturday;
(B) Between 12:01 a.m. and 6:00 a.m. on Sunday;
and
(C) Between 11:00 p.m. on Sunday to Thursday,
inclusive, and 6:00 a.m. on the following day.
(2) "Emergency" means an unforeseen combination of
circumstances or the resulting state that calls for
immediate action. The term includes, but is not limited
to, a fire, a natural disaster, an automobile accident, or
any situation requiring immediate action to prevent
serious bodily injury or loss of life.
(3) "Establishment" means any privately-owned place of
business operated for a profit to which the public is
invited, including, but not limited to, any place of
amusement or entertainment.
(4) "Guardian" means:
(A) a person who, under court order, is the
guardian of the person of a minor; or
(B) a public or private agency with whom a minor
has been placed by a court.
(5) "Minor" means any person under 17 years of age.
(6) "Parent" means a person who is:
(A) a natural parent, adoptive parent, or
step-parent of another person; or
(B) at least 18 years of age and authorized by a
parent or guardian to have the care and custody of a


minor.
(7) "Public place" means any place to which the public
or a substantial group of the public has access and
includes, but is not limited to, streets, highways, and
the common areas of schools, hospitals, apartment houses,
office buildings, transport facilities, and shops.
(8) "Remain" means to:
(A) linger or stay; or
(B) fail to leave premises when requested to do so
by a police officer or the owner, operator, or other
person in control of the premises.
(9) "Serious bodily injury" means bodily injury that
creates a substantial risk of death or that causes death,
serious permanent disfigurement, or protracted loss or
impairment of the function of any bodily member or organ.
(e) Sentence. A violation of this Section is a petty
offense with a fine of not less than $10 nor more than $500,
except that neither a person who has been made a ward of the
court under the Juvenile Court Act of 1987, nor that person's
legal guardian, shall be subject to any fine. In addition to or
instead of the fine imposed by this Section, the court may
order a parent, legal guardian, or other person convicted of a
violation of subsection (a) of this Section to perform
community service as determined by the court, except that the
legal guardian of a person subject to delinquency proceedings
or who has been made a ward of the court under the Juvenile


Court Act of 1987 may not be ordered to perform community
service. The dates and times established for the performance
of community service by the parent, legal guardian, or other
person convicted of a violation of subsection (a) of this
Section shall not conflict with the dates and times that the
person is employed in his or her regular occupation. Fines and
assessments, such as fees or administrative costs, shall not
be ordered or imposed against a minor under the age of 18
transferred to adult court or excluded from juvenile court
jurisdiction under Article V of the Juvenile Court Act of
1987, or the minor's parent, guardian, or legal custodian.
(f) County, municipal and other local boards and bodies
authorized to adopt local police laws and regulations under
the constitution and laws of this State may exercise
legislative or regulatory authority over this subject matter
by ordinance or resolution incorporating the substance of this
Section or increasing the requirements thereof or otherwise
not in conflict with this Section.
(Source: P.A. 97-1109, eff. 1-1-13.)
(Text of Section after amendment by P.A. 102-982)
Sec. 12C-60. Curfew.
(a) Curfew offenses.
(1) A minor commits a curfew offense when he or she
remains in any public place or on the premises of any
establishment during curfew hours.


(2) A parent or guardian of a minor or other person in
custody or control of a minor commits a curfew offense
when he or she knowingly permits the minor to remain in any
public place or on the premises of any establishment
during curfew hours.
(b) Curfew defenses. It is a defense to prosecution under
subsection (a) that the minor was:
(1) accompanied by the minor's parent or guardian or
other person in custody or control of the minor;
(2) on an errand at the direction of the minor's
parent or guardian, without any detour or stop;
(3) in a motor vehicle involved in interstate travel;
(4) engaged in an employment activity or going to or
returning home from an employment activity, without any
detour or stop;
(5) involved in an emergency;
(6) on the sidewalk abutting the minor's residence or
abutting the residence of a next-door neighbor if the
neighbor did not complain to the police department about
the minor's presence;
(7) attending an official school, religious, or other
recreational activity supervised by adults and sponsored
by a government or governmental agency, a civic
organization, or another similar entity that takes
responsibility for the minor, or going to or returning
home from, without any detour or stop, an official school,


religious, or other recreational activity supervised by
adults and sponsored by a government or governmental
agency, a civic organization, or another similar entity
that takes responsibility for the minor;
(8) exercising First Amendment rights protected by the
United States Constitution, such as the free exercise of
religion, freedom of speech, and the right of assembly; or
(9) married or had been married or is an emancipated
minor under the Emancipation of Minors Act.
(c) Enforcement. Before taking any enforcement action
under this Section, a law enforcement officer shall ask the
apparent offender's age and reason for being in the public
place. The officer shall not issue a citation or make an arrest
under this Section unless the officer reasonably believes that
an offense has occurred and that, based on any response and
other circumstances, no defense in subsection (b) is present.
(d) Definitions. In this Section:
(1) "Curfew hours" means:
(A) Between 12:01 a.m. and 6:00 a.m. on Saturday;
(B) Between 12:01 a.m. and 6:00 a.m. on Sunday;
and
(C) Between 11:00 p.m. on Sunday to Thursday,
inclusive, and 6:00 a.m. on the following day.
(2) "Emergency" means an unforeseen combination of
circumstances or the resulting state that calls for
immediate action. The term includes, but is not limited


to, a fire, a natural disaster, an automobile crash, or
any situation requiring immediate action to prevent
serious bodily injury or loss of life.
(3) "Establishment" means any privately-owned place of
business operated for a profit to which the public is
invited, including, but not limited to, any place of
amusement or entertainment.
(4) "Guardian" means:
(A) a person who, under court order, is the
guardian of the person of a minor; or
(B) a public or private agency with whom a minor
has been placed by a court.
(5) "Minor" means any person under 17 years of age.
(6) "Parent" means a person who is:
(A) a natural parent, adoptive parent, or
step-parent of another person; or
(B) at least 18 years of age and authorized by a
parent or guardian to have the care and custody of a
minor.
(7) "Public place" means any place to which the public
or a substantial group of the public has access and
includes, but is not limited to, streets, highways, and
the common areas of schools, hospitals, apartment houses,
office buildings, transport facilities, and shops.
(8) "Remain" means to:
(A) linger or stay; or


(B) fail to leave premises when requested to do so
by a police officer or the owner, operator, or other
person in control of the premises.
(9) "Serious bodily injury" means bodily injury that
creates a substantial risk of death or that causes death,
serious permanent disfigurement, or protracted loss or
impairment of the function of any bodily member or organ.
(e) Sentence. A violation of this Section is a petty
offense with a fine of not less than $10 nor more than $500,
except that neither a person who has been made a ward of the
court under the Juvenile Court Act of 1987, nor that person's
legal guardian, shall be subject to any fine. In addition to or
instead of the fine imposed by this Section, the court may
order a parent, legal guardian, or other person convicted of a
violation of subsection (a) of this Section to perform
community service as determined by the court, except that the
legal guardian of a person subject to delinquency proceedings
or who has been made a ward of the court under the Juvenile
Court Act of 1987 may not be ordered to perform community
service. The dates and times established for the performance
of community service by the parent, legal guardian, or other
person convicted of a violation of subsection (a) of this
Section shall not conflict with the dates and times that the
person is employed in his or her regular occupation. Fines and
assessments, such as fees or administrative costs, shall not
be ordered or imposed against a minor under the age of 18


transferred to adult court or excluded from juvenile court
jurisdiction under Article V of the Juvenile Court Act of
1987, or the minor's parent, guardian, or legal custodian.
(f) County, municipal and other local boards and bodies
authorized to adopt local police laws and regulations under
the constitution and laws of this State may exercise
legislative or regulatory authority over this subject matter
by ordinance or resolution incorporating the substance of this
Section or increasing the requirements thereof or otherwise
not in conflict with this Section.
(Source: P.A. 102-982, eff. 7-1-23.)
Section 35. The Cannabis Control Act is amended by
changing Sections 4 and 10 as follows:
(720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
Sec. 4. Except as otherwise provided in the Cannabis
Regulation and Tax Act and the Industrial Hemp Act, it is
unlawful for any person knowingly to possess cannabis.
Any person who violates this Section with respect to:
(a) not more than 10 grams of any substance containing
cannabis is guilty of a civil law violation punishable by
a minimum fine of $100 and a maximum fine of $200. The
proceeds of the fine shall be payable to the clerk of the
circuit court. Within 30 days after the deposit of the
fine, the clerk shall distribute the proceeds of the fine


as follows:
(1) $10 of the fine to the circuit clerk and $10 of
the fine to the law enforcement agency that issued the
citation; the proceeds of each $10 fine distributed to
the circuit clerk and each $10 fine distributed to the
law enforcement agency that issued the citation for
the violation shall be used to defer the cost of
automatic expungements under paragraph (2.5) of
subsection (a) of Section 5.2 of the Criminal
Identification Act;
(2) $15 to the county to fund drug addiction
services;
(3) $10 to the Office of the State's Attorneys
Appellate Prosecutor for use in training programs;
(4) $10 to the State's Attorney; and
(5) any remainder of the fine to the law
enforcement agency that issued the citation for the
violation.
With respect to funds designated for the Illinois
State Police, the moneys shall be remitted by the circuit
court clerk to the Illinois State Police within one month
after receipt for deposit into the State Police Operations
Assistance Fund. With respect to funds designated for the
Department of Natural Resources, the Department of Natural
Resources shall deposit the moneys into the Conservation
Police Operations Assistance Fund;


(b) more than 10 grams but not more than 30 grams of
any substance containing cannabis is guilty of a Class B
misdemeanor;
(c) more than 30 grams but not more than 100 grams of
any substance containing cannabis is guilty of a Class A
misdemeanor; provided, that if any offense under this
subsection (c) is a subsequent offense, the offender shall
be guilty of a Class 4 felony;
(d) more than 100 grams but not more than 500 grams of
any substance containing cannabis is guilty of a Class 4
felony; provided that if any offense under this subsection
(d) is a subsequent offense, the offender shall be guilty
of a Class 3 felony;
(e) more than 500 grams but not more than 2,000 grams
of any substance containing cannabis is guilty of a Class
3 felony;
(f) more than 2,000 grams but not more than 5,000
grams of any substance containing cannabis is guilty of a
Class 2 felony;
(g) more than 5,000 grams of any substance containing
cannabis is guilty of a Class 1 felony.
Fines and assessments, such as fees or administrative
costs, authorized under this Section shall not be ordered or
imposed against a minor subject to Article III, IV, or V of the
Juvenile Court Act of 1987, or a minor under the age of 18
transferred to adult court or excluded from juvenile court


jurisdiction under Article V of the Juvenile Court Act of
1987, or the minor's parent, guardian, or legal custodian.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-538, eff. 8-20-21.)
(720 ILCS 550/10) (from Ch. 56 1/2, par. 710)
Sec. 10. (a) Whenever any person who has not previously
been convicted of any felony offense under this Act or any law
of the United States or of any State relating to cannabis, or
controlled substances as defined in the Illinois Controlled
Substances Act, pleads guilty to or is found guilty of
violating Sections 4(a), 4(b), 4(c), 5(a), 5(b), 5(c) or 8 of
this Act, the court may, without entering a judgment and with
the consent of such person, sentence him to probation.
(b) When a person is placed on probation, the court shall
enter an order specifying a period of probation of 24 months,
and shall defer further proceedings in the case until the
conclusion of the period or until the filing of a petition
alleging violation of a term or condition of probation.
(c) The conditions of probation shall be that the person:
(1) not violate any criminal statute of any jurisdiction; (2)
refrain from possession of a firearm or other dangerous
weapon; (3) submit to periodic drug testing at a time and in a
manner as ordered by the court, but no less than 3 times during
the period of the probation, with the cost of the testing to be
paid by the probationer; and (4) perform no less than 30 hours


of community service, provided community service is available
in the jurisdiction and is funded and approved by the county
board. The court may give credit toward the fulfillment of
community service hours for participation in activities and
treatment as determined by court services.
(d) The court may, in addition to other conditions,
require that the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the
order of probation;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical or psychiatric treatment; or
treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;
(7) refrain from possessing a firearm or other
dangerous weapon;
(7-5) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or
the Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of


his or her blood or urine or both for tests to determine
the presence of any illicit drug;
(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) provide nonfinancial contributions contribute
to his own support at home or in a foster home.
(e) Upon violation of a term or condition of probation,
the court may enter a judgment on its original finding of guilt
and proceed as otherwise provided.
(f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge such person and dismiss
the proceedings against him.
(g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, discharge and dismissal
under this Section is not a conviction for purposes of
disqualification or disabilities imposed by law upon
conviction of a crime (including the additional penalty
imposed for subsequent offenses under Section 4(c), 4(d), 5(c)
or 5(d) of this Act).
(h) A person may not have more than one discharge and
dismissal under this Section within a 4-year period.
(i) If a person is convicted of an offense under this Act,
the Illinois Controlled Substances Act, or the Methamphetamine


Control and Community Protection Act within 5 years subsequent
to a discharge and dismissal under this Section, the discharge
and dismissal under this Section shall be admissible in the
sentencing proceeding for that conviction as a factor in
aggravation.
(j) Notwithstanding subsection (a), before a person is
sentenced to probation under this Section, the court may refer
the person to the drug court established in that judicial
circuit pursuant to Section 15 of the Drug Court Treatment
Act. The drug court team shall evaluate the person's
likelihood of successfully completing a sentence of probation
under this Section and shall report the results of its
evaluation to the court. If the drug court team finds that the
person suffers from a substance abuse problem that makes him
or her substantially unlikely to successfully complete a
sentence of probation under this Section, then the drug court
shall set forth its findings in the form of a written order,
and the person shall not be sentenced to probation under this
Section, but shall be considered for the drug court program.
(k) Fines and assessments, such as fees or administrative
costs, authorized under this Section shall not be ordered or
imposed against a minor subject to Article III, IV, or V of the
Juvenile Court Act of 1987, or a minor under the age of 18
transferred to adult court or excluded from juvenile court
jurisdiction under Article V of the Juvenile Court Act of
1987, or the minor's parent, guardian, or legal custodian.


(Source: P.A. 99-480, eff. 9-9-15; 100-3, eff. 1-1-18;
100-575, eff. 1-8-18.)
Section 40. The Unified Code of Corrections is amended by
changing Sections 5-4.5-105, 5-5-10, 5-6-3, 5-6-3.1, 5-7-6,
5-8A-6, 5-9-1.4, 5-9-1.9, and 5-9-3 as follows:
(730 ILCS 5/5-4.5-105)
Sec. 5-4.5-105. SENTENCING OF INDIVIDUALS UNDER THE AGE OF
18 AT THE TIME OF THE COMMISSION OF AN OFFENSE.
(a) On or after the effective date of this amendatory Act
of the 99th General Assembly, when a person commits an offense
and the person is under 18 years of age at the time of the
commission of the offense, the court, at the sentencing
hearing conducted under Section 5-4-1, shall consider the
following additional factors in mitigation in determining the
appropriate sentence:
(1) the person's age, impetuosity, and level of
maturity at the time of the offense, including the ability
to consider risks and consequences of behavior, and the
presence of cognitive or developmental disability, or
both, if any;
(2) whether the person was subjected to outside
pressure, including peer pressure, familial pressure, or
negative influences;
(3) the person's family, home environment, educational


and social background, including any history of parental
neglect, physical abuse, or other childhood trauma;
(4) the person's potential for rehabilitation or
evidence of rehabilitation, or both;
(5) the circumstances of the offense;
(6) the person's degree of participation and specific
role in the offense, including the level of planning by
the defendant before the offense;
(7) whether the person was able to meaningfully
participate in his or her defense;
(8) the person's prior juvenile or criminal history;
and
(9) any other information the court finds relevant and
reliable, including an expression of remorse, if
appropriate. However, if the person, on advice of counsel
chooses not to make a statement, the court shall not
consider a lack of an expression of remorse as an
aggravating factor.
(b) Except as provided in subsections subsection (c) and
(d), the court may sentence the defendant to any disposition
authorized for the class of the offense of which he or she was
found guilty as described in Article 4.5 of this Code, and may,
in its discretion, decline to impose any otherwise applicable
sentencing enhancement based upon firearm possession,
possession with personal discharge, or possession with
personal discharge that proximately causes great bodily harm,


permanent disability, permanent disfigurement, or death to
another person.
(c) Notwithstanding any other provision of law, if the
defendant is convicted of first degree murder and would
otherwise be subject to sentencing under clause (iii), (iv),
(v), or (vii) of subparagraph (c) of paragraph (1) of
subsection (a) of Section 5-8-1 of this Code based on the
category of persons identified therein, the court shall impose
a sentence of not less than 40 years of imprisonment. In
addition, the court may, in its discretion, decline to impose
the sentencing enhancements based upon the possession or use
of a firearm during the commission of the offense included in
subsection (d) of Section 5-8-1.
(d) Fines and assessments, such as fees or administrative
costs, shall not be ordered or imposed against a minor subject
to this Code or against the minor's parent, guardian, or legal
custodian. For purposes of this amendatory Act of the 103rd
General Assembly, "minor" has the meaning provided in Section
1-3 of the Juvenile Court Act of 1987 and includes any minor
under the age of 18 transferred to adult court or excluded from
juvenile court jurisdiction under Article V of the Juvenile
Court Act of 1987.
(Source: P.A. 99-69, eff. 1-1-16; 99-258, eff. 1-1-16; 99-875,
eff. 1-1-17.)
(730 ILCS 5/5-5-10)


Sec. 5-5-10. Community service fee. When an offender or
defendant is ordered by the court to perform community service
and the offender is not otherwise assessed a fee for probation
services, the court shall impose a fee of $50 for each month
the community service ordered by the court is supervised by a
probation and court services department, unless after
determining the inability of the person sentenced to community
service to pay the fee, the court assesses a lesser fee. The
court shall may not impose a fee on a minor who is placed in
the guardianship or custody of the Department of Children and
Family Services under the Juvenile Court Act of 1987 while the
minor is in placement. The court shall not impose a fee on a
minor subject to Article V of the Juvenile Court Act of 1987 or
the minor's parent, guardian, or legal custodian. Except for
minors under the age of 18 transferred to adult court or
excluded from juvenile court jurisdiction under Article V of
the Juvenile Court Act of 1987, the The fee shall be imposed
only on an offender who is actively supervised by the
probation and court services department. The fee shall be
collected by the clerk of the circuit court. The clerk of the
circuit court shall pay all monies collected from this fee to
the county treasurer for deposit in the probation and court
services fund under Section 15.1 of the Probation and
Probation Officers Act.
A circuit court shall may not impose a probation fee on a
minor subject to the Juvenile Court Act of 1987, or on a minor


under the age of 18 transferred to adult court or excluded from
juvenile court jurisdiction under Article V of the Juvenile
Court Act of 1987, or the minor's parent, guardian, or legal
custodian. In all other instances, a circuit court may not
impose a probation fee in excess of $25 per month unless: (1)
the circuit court has adopted, by administrative order issued
by the chief judge, a standard probation fee guide determining
an offender's ability to pay, under guidelines developed by
the Administrative Office of the Illinois Courts; and (2) the
circuit court has authorized, by administrative order issued
by the chief judge, the creation of a Crime Victim's Services
Fund, to be administered by the Chief Judge or his or her
designee, for services to crime victims and their families. Of
the amount collected as a probation fee, not to exceed $5 of
that fee collected per month may be used to provide services to
crime victims and their families.
(Source: P.A. 100-159, eff. 8-18-17.)
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
Sec. 5-6-3. Conditions of probation and of conditional
discharge.
(a) The conditions of probation and of conditional
discharge shall be that the person:
(1) not violate any criminal statute of any
jurisdiction;
(2) report to or appear in person before such person


or agency as directed by the court;
(3) refrain from possessing a firearm or other
dangerous weapon where the offense is a felony or, if a
misdemeanor, the offense involved the intentional or
knowing infliction of bodily harm or threat of bodily
harm;
(4) not leave the State without the consent of the
court or, in circumstances in which the reason for the
absence is of such an emergency nature that prior consent
by the court is not possible, without the prior
notification and approval of the person's probation
officer. Transfer of a person's probation or conditional
discharge supervision to another state is subject to
acceptance by the other state pursuant to the Interstate
Compact for Adult Offender Supervision;
(5) permit the probation officer to visit him at his
home or elsewhere to the extent necessary to discharge his
duties;
(6) perform no less than 30 hours of community service
and not more than 120 hours of community service, if
community service is available in the jurisdiction and is
funded and approved by the county board where the offense
was committed, where the offense was related to or in
furtherance of the criminal activities of an organized
gang and was motivated by the offender's membership in or
allegiance to an organized gang. The community service


shall include, but not be limited to, the cleanup and
repair of any damage caused by a violation of Section
21-1.3 of the Criminal Code of 1961 or the Criminal Code of
2012 and similar damage to property located within the
municipality or county in which the violation occurred.
When possible and reasonable, the community service should
be performed in the offender's neighborhood. For purposes
of this Section, "organized gang" has the meaning ascribed
to it in Section 10 of the Illinois Streetgang Terrorism
Omnibus Prevention Act. The court may give credit toward
the fulfillment of community service hours for
participation in activities and treatment as determined by
court services. Community service shall not interfere with
the school hours, school-related activities, or work
commitments of the minor or the minor's parent, guardian,
or legal custodian;
(7) if he or she is at least 17 years of age and has
been sentenced to probation or conditional discharge for a
misdemeanor or felony in a county of 3,000,000 or more
inhabitants and has not been previously convicted of a
misdemeanor or felony, may be required by the sentencing
court to attend educational courses designed to prepare
the defendant for a high school diploma and to work toward
a high school diploma or to work toward passing high
school equivalency testing or to work toward completing a
vocational training program approved by the court. The


person on probation or conditional discharge must attend a
public institution of education to obtain the educational
or vocational training required by this paragraph (7). The
court shall revoke the probation or conditional discharge
of a person who willfully fails to comply with this
paragraph (7). The person on probation or conditional
discharge shall be required to pay for the cost of the
educational courses or high school equivalency testing if
a fee is charged for those courses or testing. The court
shall resentence the offender whose probation or
conditional discharge has been revoked as provided in
Section 5-6-4. This paragraph (7) does not apply to a
person who has a high school diploma or has successfully
passed high school equivalency testing. This paragraph (7)
does not apply to a person who is determined by the court
to be a person with a developmental disability or
otherwise mentally incapable of completing the educational
or vocational program;
(8) if convicted of possession of a substance
prohibited by the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act after a previous conviction
or disposition of supervision for possession of a
substance prohibited by the Cannabis Control Act or
Illinois Controlled Substances Act or after a sentence of
probation under Section 10 of the Cannabis Control Act,


Section 410 of the Illinois Controlled Substances Act, or
Section 70 of the Methamphetamine Control and Community
Protection Act and upon a finding by the court that the
person is addicted, undergo treatment at a substance abuse
program approved by the court;
(8.5) if convicted of a felony sex offense as defined
in the Sex Offender Management Board Act, the person shall
undergo and successfully complete sex offender treatment
by a treatment provider approved by the Board and
conducted in conformance with the standards developed
under the Sex Offender Management Board Act;
(8.6) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, refrain from residing
at the same address or in the same condominium unit or
apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has
been placed on supervision for a sex offense; the
provisions of this paragraph do not apply to a person
convicted of a sex offense who is placed in a Department of
Corrections licensed transitional housing facility for sex
offenders;
(8.7) if convicted for an offense committed on or
after June 1, 2008 (the effective date of Public Act
95-464) that would qualify the accused as a child sex
offender as defined in Section 11-9.3 or 11-9.4 of the


Criminal Code of 1961 or the Criminal Code of 2012,
refrain from communicating with or contacting, by means of
the Internet, a person who is not related to the accused
and whom the accused reasonably believes to be under 18
years of age; for purposes of this paragraph (8.7),
"Internet" has the meaning ascribed to it in Section
16-0.1 of the Criminal Code of 2012; and a person is not
related to the accused if the person is not: (i) the
spouse, brother, or sister of the accused; (ii) a
descendant of the accused; (iii) a first or second cousin
of the accused; or (iv) a step-child or adopted child of
the accused;
(8.8) if convicted for an offense under Section 11-6,
11-9.1, 11-14.4 that involves soliciting for a juvenile
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
of the Criminal Code of 1961 or the Criminal Code of 2012,
or any attempt to commit any of these offenses, committed
on or after June 1, 2009 (the effective date of Public Act
95-983):
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the offender's probation officer,
except in connection with the offender's employment or
search for employment with the prior approval of the
offender's probation officer;
(ii) submit to periodic unannounced examinations


of the offender's computer or any other device with
Internet capability by the offender's probation
officer, a law enforcement officer, or assigned
computer or information technology specialist,
including the retrieval and copying of all data from
the computer or device and any internal or external
peripherals and removal of such information,
equipment, or device to conduct a more thorough
inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or
software systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the offender's probation officer;
(8.9) if convicted of a sex offense as defined in the
Sex Offender Registration Act committed on or after
January 1, 2010 (the effective date of Public Act 96-262),
refrain from accessing or using a social networking
website as defined in Section 17-0.5 of the Criminal Code
of 2012;
(9) if convicted of a felony or of any misdemeanor
violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
12-3.5 of the Criminal Code of 1961 or the Criminal Code of


2012 that was determined, pursuant to Section 112A-11.1 of
the Code of Criminal Procedure of 1963, to trigger the
prohibitions of 18 U.S.C. 922(g)(9), physically surrender
at a time and place designated by the court, his or her
Firearm Owner's Identification Card and any and all
firearms in his or her possession. The Court shall return
to the Illinois State Police Firearm Owner's
Identification Card Office the person's Firearm Owner's
Identification Card;
(10) if convicted of a sex offense as defined in
subsection (a-5) of Section 3-1-2 of this Code, unless the
offender is a parent or guardian of the person under 18
years of age present in the home and no non-familial
minors are present, not participate in a holiday event
involving children under 18 years of age, such as
distributing candy or other items to children on
Halloween, wearing a Santa Claus costume on or preceding
Christmas, being employed as a department store Santa
Claus, or wearing an Easter Bunny costume on or preceding
Easter;
(11) if convicted of a sex offense as defined in
Section 2 of the Sex Offender Registration Act committed
on or after January 1, 2010 (the effective date of Public
Act 96-362) that requires the person to register as a sex
offender under that Act, may not knowingly use any
computer scrub software on any computer that the sex


offender uses;
(12) if convicted of a violation of the
Methamphetamine Control and Community Protection Act, the
Methamphetamine Precursor Control Act, or a
methamphetamine related offense:
(A) prohibited from purchasing, possessing, or
having under his or her control any product containing
pseudoephedrine unless prescribed by a physician; and
(B) prohibited from purchasing, possessing, or
having under his or her control any product containing
ammonium nitrate; and
(13) if convicted of a hate crime involving the
protected class identified in subsection (a) of Section
12-7.1 of the Criminal Code of 2012 that gave rise to the
offense the offender committed, perform public or
community service of no less than 200 hours and enroll in
an educational program discouraging hate crimes that
includes racial, ethnic, and cultural sensitivity training
ordered by the court.
(b) The Court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the Court require that
the person:
(1) serve a term of periodic imprisonment under
Article 7 for a period not to exceed that specified in


paragraph (d) of Section 5-7-1;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;
(7) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) provide nonfinancial contributions contribute
to his own support at home or in a foster home;
(v) with the consent of the superintendent of the
facility, attend an educational program at a facility
other than the school in which the offense was
committed if he or she is convicted of a crime of
violence as defined in Section 2 of the Crime Victims
Compensation Act committed in a school, on the real
property comprising a school, or within 1,000 feet of
the real property comprising a school;
(8) make restitution as provided in Section 5-5-6 of
this Code;
(9) perform some reasonable public or community


service;
(10) serve a term of home confinement. In addition to
any other applicable condition of probation or conditional
discharge, the conditions of home confinement shall be
that the offender:
(i) remain within the interior premises of the
place designated for his confinement during the hours
designated by the court;
(ii) admit any person or agent designated by the
court into the offender's place of confinement at any
time for purposes of verifying the offender's
compliance with the conditions of his confinement; and
(iii) if further deemed necessary by the court or
the Probation or Court Services Department, be placed
on an approved electronic monitoring device, subject
to Article 8A of Chapter V;
(iv) for persons convicted of any alcohol,
cannabis or controlled substance violation who are
placed on an approved monitoring device as a condition
of probation or conditional discharge, the court shall
impose a reasonable fee for each day of the use of the
device, as established by the county board in
subsection (g) of this Section, unless after
determining the inability of the offender to pay the
fee, the court assesses a lesser fee or no fee as the
case may be. This fee shall be imposed in addition to


the fees imposed under subsections (g) and (i) of this
Section. The fee shall be collected by the clerk of the
circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The
clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer for
deposit in the substance abuse services fund under
Section 5-1086.1 of the Counties Code, except as
provided in an administrative order of the Chief Judge
of the circuit court.
The Chief Judge of the circuit court of the county
may by administrative order establish a program for
electronic monitoring of offenders, in which a vendor
supplies and monitors the operation of the electronic
monitoring device, and collects the fees on behalf of
the county. The program shall include provisions for
indigent offenders and the collection of unpaid fees.
The program shall not unduly burden the offender and
shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend
any additional charges or fees for late payment,
interest, or damage to any device; and
(v) for persons convicted of offenses other than
those referenced in clause (iv) above and who are
placed on an approved monitoring device as a condition
of probation or conditional discharge, the court shall


impose a reasonable fee for each day of the use of the
device, as established by the county board in
subsection (g) of this Section, unless after
determining the inability of the defendant to pay the
fee, the court assesses a lesser fee or no fee as the
case may be. This fee shall be imposed in addition to
the fees imposed under subsections (g) and (i) of this
Section. The fee shall be collected by the clerk of the
circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The
clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer who
shall use the monies collected to defray the costs of
corrections. The county treasurer shall deposit the
fee collected in the probation and court services
fund. The Chief Judge of the circuit court of the
county may by administrative order establish a program
for electronic monitoring of offenders, in which a
vendor supplies and monitors the operation of the
electronic monitoring device, and collects the fees on
behalf of the county. The program shall include
provisions for indigent offenders and the collection
of unpaid fees. The program shall not unduly burden
the offender and shall be subject to review by the
Chief Judge.
The Chief Judge of the circuit court may suspend


any additional charges or fees for late payment,
interest, or damage to any device.
(11) comply with the terms and conditions of an order
of protection issued by the court pursuant to the Illinois
Domestic Violence Act of 1986, as now or hereafter
amended, or an order of protection issued by the court of
another state, tribe, or United States territory. A copy
of the order of protection shall be transmitted to the
probation officer or agency having responsibility for the
case;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council
Act for any reasonable expenses incurred by the program on
the offender's case, not to exceed the maximum amount of
the fine authorized for the offense for which the
defendant was sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, (i) to a
"local anti-crime program", as defined in Section 7 of the
Anti-Crime Advisory Council Act, or (ii) for offenses
under the jurisdiction of the Department of Natural
Resources, to the fund established by the Department of
Natural Resources for the purchase of evidence for
investigation purposes and to conduct investigations as
outlined in Section 805-105 of the Department of Natural


Resources (Conservation) Law;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer, if the defendant has been placed on
probation or advance approval by the court, if the
defendant was placed on conditional discharge;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or
the Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug;
(17) if convicted for an offense committed on or after
June 1, 2008 (the effective date of Public Act 95-464)
that would qualify the accused as a child sex offender as
defined in Section 11-9.3 or 11-9.4 of the Criminal Code
of 1961 or the Criminal Code of 2012, refrain from
communicating with or contacting, by means of the


Internet, a person who is related to the accused and whom
the accused reasonably believes to be under 18 years of
age; for purposes of this paragraph (17), "Internet" has
the meaning ascribed to it in Section 16-0.1 of the
Criminal Code of 2012; and a person is related to the
accused if the person is: (i) the spouse, brother, or
sister of the accused; (ii) a descendant of the accused;
(iii) a first or second cousin of the accused; or (iv) a
step-child or adopted child of the accused;
(18) if convicted for an offense committed on or after
June 1, 2009 (the effective date of Public Act 95-983)
that would qualify as a sex offense as defined in the Sex
Offender Registration Act:
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the offender's probation officer,
except in connection with the offender's employment or
search for employment with the prior approval of the
offender's probation officer;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's probation
officer, a law enforcement officer, or assigned
computer or information technology specialist,
including the retrieval and copying of all data from
the computer or device and any internal or external


peripherals and removal of such information,
equipment, or device to conduct a more thorough
inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
subject's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the offender's probation officer; and
(19) refrain from possessing a firearm or other
dangerous weapon where the offense is a misdemeanor that
did not involve the intentional or knowing infliction of
bodily harm or threat of bodily harm.
(c) The court may as a condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty of any alcohol, cannabis or controlled
substance violation, refrain from acquiring a driver's license
during the period of probation or conditional discharge. If
such person is in possession of a permit or license, the court
may require that the minor refrain from driving or operating
any motor vehicle during the period of probation or
conditional discharge, except as may be necessary in the
course of the minor's lawful employment.
(d) An offender sentenced to probation or to conditional


discharge shall be given a certificate setting forth the
conditions thereof.
(e) Except where the offender has committed a fourth or
subsequent violation of subsection (c) of Section 6-303 of the
Illinois Vehicle Code, the court shall not require as a
condition of the sentence of probation or conditional
discharge that the offender be committed to a period of
imprisonment in excess of 6 months. This 6-month limit shall
not include periods of confinement given pursuant to a
sentence of county impact incarceration under Section 5-8-1.2.
Persons committed to imprisonment as a condition of
probation or conditional discharge shall not be committed to
the Department of Corrections.
(f) The court may combine a sentence of periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article 8 with a sentence of
probation or conditional discharge.
(g) An offender sentenced to probation or to conditional
discharge and who during the term of either undergoes
mandatory drug or alcohol testing, or both, or is assigned to
be placed on an approved electronic monitoring device, shall
be ordered to pay all costs incidental to such mandatory drug
or alcohol testing, or both, and all costs incidental to such
approved electronic monitoring in accordance with the
defendant's ability to pay those costs. The county board with
the concurrence of the Chief Judge of the judicial circuit in


which the county is located shall establish reasonable fees
for the cost of maintenance, testing, and incidental expenses
related to the mandatory drug or alcohol testing, or both, and
all costs incidental to approved electronic monitoring,
involved in a successful probation program for the county. The
concurrence of the Chief Judge shall be in the form of an
administrative order. The fees shall be collected by the clerk
of the circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The clerk of the
circuit court shall pay all moneys collected from these fees
to the county treasurer who shall use the moneys collected to
defray the costs of drug testing, alcohol testing, and
electronic monitoring. The county treasurer shall deposit the
fees collected in the county working cash fund under Section
6-27001 or Section 6-29002 of the Counties Code, as the case
may be. The Chief Judge of the circuit court of the county may
by administrative order establish a program for electronic
monitoring of offenders, in which a vendor supplies and
monitors the operation of the electronic monitoring device,
and collects the fees on behalf of the county. The program
shall include provisions for indigent offenders and the
collection of unpaid fees. The program shall not unduly burden
the offender and shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or
damage to any device.


(h) Jurisdiction over an offender may be transferred from
the sentencing court to the court of another circuit with the
concurrence of both courts. Further transfers or retransfers
of jurisdiction are also authorized in the same manner. The
court to which jurisdiction has been transferred shall have
the same powers as the sentencing court. The probation
department within the circuit to which jurisdiction has been
transferred, or which has agreed to provide supervision, may
impose probation fees upon receiving the transferred offender,
as provided in subsection (i). For all transfer cases, as
defined in Section 9b of the Probation and Probation Officers
Act, the probation department from the original sentencing
court shall retain all probation fees collected prior to the
transfer. After the transfer, all probation fees shall be paid
to the probation department within the circuit to which
jurisdiction has been transferred.
(i) The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to conditional discharge
after January 1, 1992 or to community service under the
supervision of a probation or court services department after
January 1, 2004, as a condition of such probation or
conditional discharge or supervised community service, a fee
of $50 for each month of probation or conditional discharge
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge or supervised


community service to pay the fee, the court assesses a lesser
fee. The court may not impose the fee on a minor who is placed
in the guardianship or custody of the Department of Children
and Family Services under the Juvenile Court Act of 1987 while
the minor is in placement. The fee shall be imposed only upon
an offender who is actively supervised by the probation and
court services department. The fee shall be collected by the
clerk of the circuit court. The clerk of the circuit court
shall pay all monies collected from this fee to the county
treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probation Officers
Act.
A circuit court may not impose a probation fee under this
subsection (i) in excess of $25 per month unless the circuit
court has adopted, by administrative order issued by the chief
judge, a standard probation fee guide determining an
offender's ability to pay. Of the amount collected as a
probation fee, up to $5 of that fee collected per month may be
used to provide services to crime victims and their families.
The Court may only waive probation fees based on an
offender's ability to pay. The probation department may
re-evaluate an offender's ability to pay every 6 months, and,
with the approval of the Director of Court Services or the
Chief Probation Officer, adjust the monthly fee amount. An
offender may elect to pay probation fees due in a lump sum. Any
offender that has been assigned to the supervision of a


probation department, or has been transferred either under
subsection (h) of this Section or under any interstate
compact, shall be required to pay probation fees to the
department supervising the offender, based on the offender's
ability to pay.
Public Act 93-970 deletes the $10 increase in the fee
under this subsection that was imposed by Public Act 93-616.
This deletion is intended to control over any other Act of the
93rd General Assembly that retains or incorporates that fee
increase.
(i-5) In addition to the fees imposed under subsection (i)
of this Section, in the case of an offender convicted of a
felony sex offense (as defined in the Sex Offender Management
Board Act) or an offense that the court or probation
department has determined to be sexually motivated (as defined
in the Sex Offender Management Board Act), the court or the
probation department shall assess additional fees to pay for
all costs of treatment, assessment, evaluation for risk and
treatment, and monitoring the offender, based on that
offender's ability to pay those costs either as they occur or
under a payment plan.
(j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and


disbursed by the circuit clerk as provided under the Criminal
and Traffic Assessment Act.
(k) Any offender who is sentenced to probation or
conditional discharge for a felony sex offense as defined in
the Sex Offender Management Board Act or any offense that the
court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.
(l) The court may order an offender who is sentenced to
probation or conditional discharge for a violation of an order
of protection be placed under electronic surveillance as
provided in Section 5-8A-7 of this Code.
(m) Except for restitution, and assessments issued for
adjudications under Section 5-125 of the Juvenile Court Act of
1987, fines and assessments, such as fees or administrative
costs, authorized under this Section shall not be ordered or
imposed on a minor subject to Article III, IV, or V of the
Juvenile Court Act of 1987, or a minor under the age of 18
transferred to adult court or excluded from juvenile court
jurisdiction under Article V of the Juvenile Court Act of
1987, or the minor's parent, guardian, or legal custodian.
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)


(730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1)
Sec. 5-6-3.1. Incidents and conditions of supervision.
(a) When a defendant is placed on supervision, the court
shall enter an order for supervision specifying the period of
such supervision, and shall defer further proceedings in the
case until the conclusion of the period.
(b) The period of supervision shall be reasonable under
all of the circumstances of the case, but may not be longer
than 2 years, unless the defendant has failed to pay the
assessment required by Section 10.3 of the Cannabis Control
Act, Section 411.2 of the Illinois Controlled Substances Act,
or Section 80 of the Methamphetamine Control and Community
Protection Act, in which case the court may extend supervision
beyond 2 years. Additionally, the court shall order the
defendant to perform no less than 30 hours of community
service and not more than 120 hours of community service, if
community service is available in the jurisdiction and is
funded and approved by the county board where the offense was
committed, when the offense (1) was related to or in
furtherance of the criminal activities of an organized gang or
was motivated by the defendant's membership in or allegiance
to an organized gang; or (2) is a violation of any Section of
Article 24 of the Criminal Code of 1961 or the Criminal Code of
2012 where a disposition of supervision is not prohibited by
Section 5-6-1 of this Code. The community service shall
include, but not be limited to, the cleanup and repair of any


damage caused by violation of Section 21-1.3 of the Criminal
Code of 1961 or the Criminal Code of 2012 and similar damages
to property located within the municipality or county in which
the violation occurred. Where possible and reasonable, the
community service should be performed in the offender's
neighborhood.
For the purposes of this Section, "organized gang" has the
meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(c) The court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the court require that
the person:
(1) make a report to and appear in person before or
participate with the court or such courts, person, or
social service agency as directed by the court in the
order of supervision;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;


(7) refrain from possessing a firearm or other
dangerous weapon;
(8) and in addition, if a minor:
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) provide nonfinancial contributions contribute
to his own support at home or in a foster home; or
(v) with the consent of the superintendent of the
facility, attend an educational program at a facility
other than the school in which the offense was
committed if he or she is placed on supervision for a
crime of violence as defined in Section 2 of the Crime
Victims Compensation Act committed in a school, on the
real property comprising a school, or within 1,000
feet of the real property comprising a school;
(9) make restitution or reparation in an amount not to
exceed actual loss or damage to property and pecuniary
loss or make restitution under Section 5-5-6 to a domestic
violence shelter. The court shall determine the amount and
conditions of payment;
(10) perform some reasonable public or community
service;
(11) comply with the terms and conditions of an order
of protection issued by the court pursuant to the Illinois
Domestic Violence Act of 1986 or an order of protection


issued by the court of another state, tribe, or United
States territory. If the court has ordered the defendant
to make a report and appear in person under paragraph (1)
of this subsection, a copy of the order of protection
shall be transmitted to the person or agency so designated
by the court;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council
Act for any reasonable expenses incurred by the program on
the offender's case, not to exceed the maximum amount of
the fine authorized for the offense for which the
defendant was sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, (i) to a
"local anti-crime program", as defined in Section 7 of the
Anti-Crime Advisory Council Act, or (ii) for offenses
under the jurisdiction of the Department of Natural
Resources, to the fund established by the Department of
Natural Resources for the purchase of evidence for
investigation purposes and to conduct investigations as
outlined in Section 805-105 of the Department of Natural
Resources (Conservation) Law;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the


purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of person, including but not limited to members of
street gangs and drug users or dealers;
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or
the Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of
his or her blood or urine or both for tests to determine
the presence of any illicit drug;
(17) refrain from operating any motor vehicle not
equipped with an ignition interlock device as defined in
Section 1-129.1 of the Illinois Vehicle Code; under this
condition the court may allow a defendant who is not
self-employed to operate a vehicle owned by the
defendant's employer that is not equipped with an ignition
interlock device in the course and scope of the
defendant's employment; and
(18) if placed on supervision for a sex offense as
defined in subsection (a-5) of Section 3-1-2 of this Code,
unless the offender is a parent or guardian of the person
under 18 years of age present in the home and no


non-familial minors are present, not participate in a
holiday event involving children under 18 years of age,
such as distributing candy or other items to children on
Halloween, wearing a Santa Claus costume on or preceding
Christmas, being employed as a department store Santa
Claus, or wearing an Easter Bunny costume on or preceding
Easter.
(c-5) If payment of restitution as ordered has not been
made, the victim shall file a petition notifying the
sentencing court, any other person to whom restitution is
owed, and the State's Attorney of the status of the ordered
restitution payments unpaid at least 90 days before the
supervision expiration date. If payment as ordered has not
been made, the court shall hold a review hearing prior to the
expiration date, unless the hearing is voluntarily waived by
the defendant with the knowledge that waiver may result in an
extension of the supervision period or in a revocation of
supervision. If the court does not extend supervision, it
shall issue a judgment for the unpaid restitution and direct
the clerk of the circuit court to file and enter the judgment
in the judgment and lien docket, without fee, unless it finds
that the victim has recovered a judgment against the defendant
for the amount covered by the restitution order. If the court
issues a judgment for the unpaid restitution, the court shall
send to the defendant at his or her last known address written
notification that a civil judgment has been issued for the


unpaid restitution.
(d) The court shall defer entering any judgment on the
charges until the conclusion of the supervision.
(e) At the conclusion of the period of supervision, if the
court determines that the defendant has successfully complied
with all of the conditions of supervision, the court shall
discharge the defendant and enter a judgment dismissing the
charges.
(f) Discharge and dismissal upon a successful conclusion
of a disposition of supervision shall be deemed without
adjudication of guilt and shall not be termed a conviction for
purposes of disqualification or disabilities imposed by law
upon conviction of a crime. Two years after the discharge and
dismissal under this Section, unless the disposition of
supervision was for a violation of Sections 3-707, 3-708,
3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, or for a violation of
Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961
or the Criminal Code of 2012, in which case it shall be 5 years
after discharge and dismissal, a person may have his record of
arrest sealed or expunged as may be provided by law. However,
any defendant placed on supervision before January 1, 1980,
may move for sealing or expungement of his arrest record, as
provided by law, at any time after discharge and dismissal
under this Section. A person placed on supervision for a
sexual offense committed against a minor as defined in clause


(a)(1)(L) of Section 5.2 of the Criminal Identification Act or
for a violation of Section 11-501 of the Illinois Vehicle Code
or a similar provision of a local ordinance shall not have his
or her record of arrest sealed or expunged.
(g) A defendant placed on supervision and who during the
period of supervision undergoes mandatory drug or alcohol
testing, or both, or is assigned to be placed on an approved
electronic monitoring device, shall be ordered to pay the
costs incidental to such mandatory drug or alcohol testing, or
both, and costs incidental to such approved electronic
monitoring in accordance with the defendant's ability to pay
those costs. The county board with the concurrence of the
Chief Judge of the judicial circuit in which the county is
located shall establish reasonable fees for the cost of
maintenance, testing, and incidental expenses related to the
mandatory drug or alcohol testing, or both, and all costs
incidental to approved electronic monitoring, of all
defendants placed on supervision. The concurrence of the Chief
Judge shall be in the form of an administrative order. The fees
shall be collected by the clerk of the circuit court, except as
provided in an administrative order of the Chief Judge of the
circuit court. The clerk of the circuit court shall pay all
moneys collected from these fees to the county treasurer who
shall use the moneys collected to defray the costs of drug
testing, alcohol testing, and electronic monitoring. The
county treasurer shall deposit the fees collected in the


county working cash fund under Section 6-27001 or Section
6-29002 of the Counties Code, as the case may be.
The Chief Judge of the circuit court of the county may by
administrative order establish a program for electronic
monitoring of offenders, in which a vendor supplies and
monitors the operation of the electronic monitoring device,
and collects the fees on behalf of the county. The program
shall include provisions for indigent offenders and the
collection of unpaid fees. The program shall not unduly burden
the offender and shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or
damage to any device.
(h) A disposition of supervision is a final order for the
purposes of appeal.
(i) The court shall impose upon a defendant placed on
supervision after January 1, 1992 or to community service
under the supervision of a probation or court services
department after January 1, 2004, as a condition of
supervision or supervised community service, a fee of $50 for
each month of supervision or supervised community service
ordered by the court, unless after determining the inability
of the person placed on supervision or supervised community
service to pay the fee, the court assesses a lesser fee. The
court may not impose the fee on a minor who is placed in the
guardianship or custody of the Department of Children and


Family Services under the Juvenile Court Act of 1987 while the
minor is in placement. The fee shall be imposed only upon a
defendant who is actively supervised by the probation and
court services department. The fee shall be collected by the
clerk of the circuit court. The clerk of the circuit court
shall pay all monies collected from this fee to the county
treasurer for deposit in the probation and court services fund
pursuant to Section 15.1 of the Probation and Probation
Officers Act.
A circuit court may not impose a probation fee in excess of
$25 per month unless the circuit court has adopted, by
administrative order issued by the chief judge, a standard
probation fee guide determining an offender's ability to pay.
Of the amount collected as a probation fee, not to exceed $5 of
that fee collected per month may be used to provide services to
crime victims and their families.
The Court may only waive probation fees based on an
offender's ability to pay. The probation department may
re-evaluate an offender's ability to pay every 6 months, and,
with the approval of the Director of Court Services or the
Chief Probation Officer, adjust the monthly fee amount. An
offender may elect to pay probation fees due in a lump sum. Any
offender that has been assigned to the supervision of a
probation department, or has been transferred either under
subsection (h) of this Section or under any interstate
compact, shall be required to pay probation fees to the


department supervising the offender, based on the offender's
ability to pay.
(j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under the Criminal
and Traffic Assessment Act.
(k) A defendant at least 17 years of age who is placed on
supervision for a misdemeanor in a county of 3,000,000 or more
inhabitants and who has not been previously convicted of a
misdemeanor or felony may as a condition of his or her
supervision be required by the court to attend educational
courses designed to prepare the defendant for a high school
diploma and to work toward a high school diploma or to work
toward passing high school equivalency testing or to work
toward completing a vocational training program approved by
the court. The defendant placed on supervision must attend a
public institution of education to obtain the educational or
vocational training required by this subsection (k). The
defendant placed on supervision shall be required to pay for
the cost of the educational courses or high school equivalency
testing if a fee is charged for those courses or testing. The
court shall revoke the supervision of a person who wilfully
fails to comply with this subsection (k). The court shall


resentence the defendant upon revocation of supervision as
provided in Section 5-6-4. This subsection (k) does not apply
to a defendant who has a high school diploma or has
successfully passed high school equivalency testing. This
subsection (k) does not apply to a defendant who is determined
by the court to be a person with a developmental disability or
otherwise mentally incapable of completing the educational or
vocational program.
(l) The court shall require a defendant placed on
supervision for possession of a substance prohibited by the
Cannabis Control Act, the Illinois Controlled Substances Act,
or the Methamphetamine Control and Community Protection Act
after a previous conviction or disposition of supervision for
possession of a substance prohibited by the Cannabis Control
Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act or a
sentence of probation under Section 10 of the Cannabis Control
Act or Section 410 of the Illinois Controlled Substances Act
and after a finding by the court that the person is addicted,
to undergo treatment at a substance abuse program approved by
the court.
(m) The Secretary of State shall require anyone placed on
court supervision for a violation of Section 3-707 of the
Illinois Vehicle Code or a similar provision of a local
ordinance to give proof of his or her financial responsibility
as defined in Section 7-315 of the Illinois Vehicle Code. The


proof shall be maintained by the individual in a manner
satisfactory to the Secretary of State for a minimum period of
3 years after the date the proof is first filed. The proof
shall be limited to a single action per arrest and may not be
affected by any post-sentence disposition. The Secretary of
State shall suspend the driver's license of any person
determined by the Secretary to be in violation of this
subsection. This subsection does not apply to a person who, at
the time of the offense, was operating a motor vehicle
registered in a state other than Illinois.
(n) Any offender placed on supervision for any offense
that the court or probation department has determined to be
sexually motivated as defined in the Sex Offender Management
Board Act shall be required to refrain from any contact,
directly or indirectly, with any persons specified by the
court and shall be available for all evaluations and treatment
programs required by the court or the probation department.
(o) An offender placed on supervision for a sex offense as
defined in the Sex Offender Management Board Act shall refrain
from residing at the same address or in the same condominium
unit or apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has been
placed on supervision for a sex offense. The provisions of
this subsection (o) do not apply to a person convicted of a sex
offense who is placed in a Department of Corrections licensed


transitional housing facility for sex offenders.
(p) An offender placed on supervision for an offense
committed on or after June 1, 2008 (the effective date of
Public Act 95-464) that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 or the Criminal Code of 2012 shall
refrain from communicating with or contacting, by means of the
Internet, a person who is not related to the accused and whom
the accused reasonably believes to be under 18 years of age.
For purposes of this subsection (p), "Internet" has the
meaning ascribed to it in Section 16-0.1 of the Criminal Code
of 2012; and a person is not related to the accused if the
person is not: (i) the spouse, brother, or sister of the
accused; (ii) a descendant of the accused; (iii) a first or
second cousin of the accused; or (iv) a step-child or adopted
child of the accused.
(q) An offender placed on supervision for an offense
committed on or after June 1, 2008 (the effective date of
Public Act 95-464) that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 or the Criminal Code of 2012 shall, if so
ordered by the court, refrain from communicating with or
contacting, by means of the Internet, a person who is related
to the accused and whom the accused reasonably believes to be
under 18 years of age. For purposes of this subsection (q),
"Internet" has the meaning ascribed to it in Section 16-0.1 of


the Criminal Code of 2012; and a person is related to the
accused if the person is: (i) the spouse, brother, or sister of
the accused; (ii) a descendant of the accused; (iii) a first or
second cousin of the accused; or (iv) a step-child or adopted
child of the accused.
(r) An offender placed on supervision for an offense under
Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
11-21 of the Criminal Code of 1961 or the Criminal Code of
2012, or any attempt to commit any of these offenses,
committed on or after June 1, 2009 (the effective date of
Public Act 95-983) shall:
(i) not access or use a computer or any other device
with Internet capability without the prior written
approval of the court, except in connection with the
offender's employment or search for employment with the
prior approval of the court;
(ii) submit to periodic unannounced examinations of
the offender's computer or any other device with Internet
capability by the offender's probation officer, a law
enforcement officer, or assigned computer or information
technology specialist, including the retrieval and copying
of all data from the computer or device and any internal or
external peripherals and removal of such information,
equipment, or device to conduct a more thorough
inspection;


(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a computer
or any other device with Internet capability imposed by
the court.
(s) An offender placed on supervision for an offense that
is a sex offense as defined in Section 2 of the Sex Offender
Registration Act that is committed on or after January 1, 2010
(the effective date of Public Act 96-362) that requires the
person to register as a sex offender under that Act, may not
knowingly use any computer scrub software on any computer that
the sex offender uses.
(t) An offender placed on supervision for a sex offense as
defined in the Sex Offender Registration Act committed on or
after January 1, 2010 (the effective date of Public Act
96-262) shall refrain from accessing or using a social
networking website as defined in Section 17-0.5 of the
Criminal Code of 2012.
(u) Jurisdiction over an offender may be transferred from
the sentencing court to the court of another circuit with the
concurrence of both courts. Further transfers or retransfers
of jurisdiction are also authorized in the same manner. The
court to which jurisdiction has been transferred shall have


the same powers as the sentencing court. The probation
department within the circuit to which jurisdiction has been
transferred may impose probation fees upon receiving the
transferred offender, as provided in subsection (i). The
probation department from the original sentencing court shall
retain all probation fees collected prior to the transfer.
(v) Except for restitution, and assessments issued for
adjudications under Section 5-125 of the Juvenile Court Act of
1987, fines and assessments, such as fees or administrative
costs, authorized under this Section shall not be ordered or
imposed on a minor subject to Article III, IV, or V of the
Juvenile Court Act of 1987, or a minor under the age of 18
transferred to adult court or excluded from juvenile court
jurisdiction under Article V of the Juvenile Court Act of
1987, or the minor's parent, guardian, or legal custodian.
(Source: P.A. 102-299, eff. 8-6-21.)
(730 ILCS 5/5-7-6) (from Ch. 38, par. 1005-7-6)
Sec. 5-7-6. Duty of Clerk of Court or the Department of
Corrections; collection and disposition of compensation.
(a) Every gainfully employed offender shall be responsible
for managing his or her earnings. The clerk of the circuit
court shall have only those responsibilities regarding an
offender's earnings as are set forth in this Section.
Every offender, including offenders who are sentenced to
periodic imprisonment for weekends only, gainfully employed


shall pay a fee for room and board at a rate established, with
the concurrence of the chief judge of the judicial circuit, by
the county board of the county in which the offender is
incarcerated. The concurrence of the chief judge shall be in
the form of an administrative order. In establishing the fee
for room and board consideration may be given to all costs
incidental to the incarceration of offenders. If an offender
is necessarily absent from the institution at mealtime he or
she shall, without additional charge, be furnished with a meal
to carry to work. Each week, on a day designated by the clerk
of the circuit court, every offender shall pay the clerk the
fees for the offender's room and board. Failure to pay the
clerk on the day designated shall result in the termination of
the offender's release. All fees for room and board collected
by the circuit court clerk shall be disbursed into the
county's General Corporate Fund.
By order of the court, all or a portion of the earnings of
employed offenders shall be turned over to the clerk to be
distributed for the following purposes, in the order stated:
(1) the room and board of the offender;
(2) necessary travel expenses to and from work and
other incidental expenses of the offender, when those
expenses are incurred by the administrator of the
offender's imprisonment;
(3) support of the offender's dependents, if any.
(b) If the offender has one or more dependents who are


recipients of financial assistance pursuant to the Illinois
Public Aid Code, or who are residents of a State hospital,
State school or foster care facility provided by the State,
the court shall order the offender to turn over all or a
portion of his earnings to the clerk who shall, after making
the deductions provided for under paragraph (a), distribute
those earnings to the appropriate agency as reimbursement for
the cost of care of such dependents. The order shall permit the
Department of Human Services (acting as successor to the
Illinois Department of Public Aid under the Department of
Human Services Act) or the local governmental unit, as the
case may be, to request the clerk that subsequent payments be
made directly to the dependents, or to some agency or person in
their behalf, upon removal of the dependents from the public
aid rolls; and upon such direction and removal of the
recipients from the public aid rolls, the Department of Human
Services or the local governmental unit, as the case requires,
shall give written notice of such action to the court.
Payments received by the Department of Human Services or by
governmental units in behalf of recipients of public aid shall
be deposited into the General Revenue Fund of the State
Treasury or General Assistance Fund of the governmental unit,
under Section 10-19 of the Illinois Public Aid Code.
(c) The clerk of the circuit court shall keep individual
accounts of all money collected by him as required by this
Article. He shall deposit all moneys as trustee in a


depository designated by the county board and shall make
payments required by the court's order from such trustee
account. Such accounts shall be subject to audit in the same
manner as accounts of the county are audited.
(d) If an institution or the Department of Corrections
certifies to the court that it can administer this Section
with respect to persons committed to it under this Article,
the clerk of the court shall be relieved of its duties under
this Section and they shall be assumed by such institution or
the Department.
(e) Fines and assessments, such as fees or administrative
costs, authorized under this Section shall not be ordered or
imposed on a minor subject to Article III, IV, or V of the
Juvenile Court Act of 1987, or a minor under the age of 18
transferred to adult court or excluded from juvenile court
jurisdiction under Article V of the Juvenile Court Act of
1987, or the minor's parent, guardian, or legal custodian.
(Source: P.A. 90-14, eff. 7-1-97; 91-357, eff. 7-29-99.)
(730 ILCS 5/5-8A-6)
Sec. 5-8A-6. Electronic monitoring of certain sex
offenders. For a sexual predator subject to electronic
monitoring under paragraph (7.7) of subsection (a) of Section
3-3-7, the Department of Corrections must use a system that
actively monitors and identifies the offender's current
location and timely reports or records the offender's presence


and that alerts the Department of the offender's presence
within a prohibited area described in Section 11-9.3 of the
Criminal Code of 2012, in a court order, or as a condition of
the offender's parole, mandatory supervised release, or
extended mandatory supervised release and the offender's
departure from specified geographic limitations. To the extent
that he or she is able to do so, which the Department of
Corrections by rule shall determine, the offender must pay for
the cost of the electronic monitoring. Fines and assessments,
such as fees or administrative costs, authorized under this
Section shall not be ordered or imposed on a minor subject to
Article III, IV, or V of the Juvenile Court Act of 1987, or a
minor under the age of 18 transferred to adult court or
excluded from juvenile court jurisdiction under Article V of
the Juvenile Court Act of 1987, or the minor's parent,
guardian, or legal custodian.
(Source: P.A. 99-797, eff. 8-12-16; 100-431, eff. 8-25-17.)
(730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
Sec. 5-9-1.4. (a) "Crime laboratory" means any
not-for-profit laboratory registered with the Drug Enforcement
Administration of the United States Department of Justice,
substantially funded by a unit or combination of units of
local government or the State of Illinois, which regularly
employs at least one person engaged in the analysis of
controlled substances, cannabis, methamphetamine, or steroids


for criminal justice agencies in criminal matters and provides
testimony with respect to such examinations.
(b) (Blank).
(c) (Blank). In addition to any other disposition made
pursuant to the provisions of the Juvenile Court Act of 1987,
any minor adjudicated delinquent for an offense which if
committed by an adult would constitute a violation of the
Cannabis Control Act, the Illinois Controlled Substances Act,
the Methamphetamine Control and Community Protection Act, or
the Steroid Control Act shall be required to pay a criminal
laboratory analysis assessment of $100 for each adjudication.
Upon verified petition of the minor, the court may suspend
payment of all or part of the assessment if it finds that the
minor does not have the ability to pay the assessment. The
parent, guardian, or legal custodian of the minor may pay some
or all of such assessment on the minor's behalf.
(c-1) A criminal laboratory analysis assessment, or
equivalent fine or assessment, such as fees or administrative
costs, shall not be ordered or imposed on a minor subject to
Article III, IV, or V of the Juvenile Court Act of 1987, or a
minor under the age of 18 transferred to adult court or
excluded from juvenile court jurisdiction under Article V of
the Juvenile Court Act of 1987, or the minor's parent,
guardian, or legal custodian.
(d) Notwithstanding subsection (c-1) of this Section, all
funds All criminal laboratory analysis fees provided for by


this Section shall be collected by the clerk of the court and
forwarded to the appropriate crime laboratory fund as provided
in subsection (f).
(e) Crime laboratory funds shall be established as
follows:
(1) Any unit of local government which maintains a
crime laboratory may establish a crime laboratory fund
within the office of the county or municipal treasurer.
(2) Any combination of units of local government which
maintains a crime laboratory may establish a crime
laboratory fund within the office of the treasurer of the
county where the crime laboratory is situated.
(3) The State Crime Laboratory Fund is hereby created
as a special fund in the State Treasury. Notwithstanding
any other provision of law to the contrary, and in
addition to any other transfers that may be provided by
law, on August 20, 2021 (the effective date of Public Act
102-505), or as soon thereafter as practical, the State
Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the State Offender DNA
Identification System Fund into the State Crime Laboratory
Fund. Upon completion of the transfer, the State Offender
DNA Identification System Fund is dissolved, and any
future deposits due to that Fund and any outstanding
obligations or liabilities of that Fund shall pass to the
State Crime Laboratory Fund.


(f) Funds The analysis assessment provided for in
subsection (c) of this Section shall be forwarded to the
office of the treasurer of the unit of local government that
performed the analysis if that unit of local government has
established a crime laboratory fund, or to the State Crime
Laboratory Fund if the analysis was performed by a laboratory
operated by the Illinois State Police. If the analysis was
performed by a crime laboratory funded by a combination of
units of local government, the funds analysis assessment shall
be forwarded to the treasurer of the county where the crime
laboratory is situated if a crime laboratory fund has been
established in that county. If the unit of local government or
combination of units of local government has not established a
crime laboratory fund, then the funds analysis assessment
shall be forwarded to the State Crime Laboratory Fund.
(g) Moneys deposited into a crime laboratory fund created
pursuant to paragraph (1) or (2) of subsection (e) of this
Section shall be in addition to any allocations made pursuant
to existing law and shall be designated for the exclusive use
of the crime laboratory. These uses may include, but are not
limited to, the following:
(1) costs incurred in providing analysis for
controlled substances in connection with criminal
investigations conducted within this State;
(2) purchase and maintenance of equipment for use in
performing analyses; and


(3) continuing education, training, and professional
development of forensic scientists regularly employed by
these laboratories.
(h) Moneys deposited in the State Crime Laboratory Fund
created pursuant to paragraph (3) of subsection (d) of this
Section shall be used by State crime laboratories as
designated by the Director of the Illinois State Police. These
funds shall be in addition to any allocations made pursuant to
existing law and shall be designated for the exclusive use of
State crime laboratories or for the sexual assault evidence
tracking system created under Section 50 of the Sexual Assault
Evidence Submission Act. These uses may include those
enumerated in subsection (g) of this Section.
(Source: P.A. 101-377, eff. 8-16-19; 102-505, eff. 8-20-21;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(730 ILCS 5/5-9-1.9)
Sec. 5-9-1.9. DUI analysis fee.
(a) "Crime laboratory" means a not-for-profit laboratory
substantially funded by a single unit or combination of units
of local government or the State of Illinois that regularly
employs at least one person engaged in the DUI analysis of
blood, other bodily substance, and urine for criminal justice
agencies in criminal matters and provides testimony with
respect to such examinations.
"DUI analysis" means an analysis of blood, other bodily


substance, or urine for purposes of determining whether a
violation of Section 11-501 of the Illinois Vehicle Code has
occurred.
(b) (Blank).
(c) (Blank). In addition to any other disposition made
under the provisions of the Juvenile Court Act of 1987, any
minor adjudicated delinquent for an offense which if committed
by an adult would constitute a violation of Section 11-501 of
the Illinois Vehicle Code shall pay a crime laboratory DUI
analysis assessment of $150 for each adjudication. Upon
verified petition of the minor, the court may suspend payment
of all or part of the assessment if it finds that the minor
does not have the ability to pay the assessment. The parent,
guardian, or legal custodian of the minor may pay some or all
of the assessment on the minor's behalf.
(c-1) A criminal laboratory DUI analysis assessment, or
equivalent fine or assessment, such as fees or administrative
costs, shall not be ordered or imposed on a minor subject to
Article III, IV, or V of the Juvenile Court Act of 1987, or a
minor under the age of 18 transferred to adult court or
excluded from juvenile court jurisdiction under Article V of
the Juvenile Court Act of 1987, or the minor's parent,
guardian, or legal custodian.
(d) Notwithstanding subsection (c-1), all funds All crime
laboratory DUI analysis assessments provided for by this
Section shall be collected by the clerk of the court and


forwarded to the appropriate crime laboratory DUI fund as
provided in subsection (f).
(e) Crime laboratory funds shall be established as
follows:
(1) A unit of local government that maintains a crime
laboratory may establish a crime laboratory DUI fund
within the office of the county or municipal treasurer.
(2) Any combination of units of local government that
maintains a crime laboratory may establish a crime
laboratory DUI fund within the office of the treasurer of
the county where the crime laboratory is situated.
(3) (Blank).
(f) Notwithstanding subsection (c-1), all funds The
analysis assessment provided for in subsection (c) of this
Section shall be forwarded to the office of the treasurer of
the unit of local government that performed the analysis if
that unit of local government has established a crime
laboratory DUI fund, or remitted to the State Treasurer for
deposit into the State Crime Laboratory Fund if the analysis
was performed by a laboratory operated by the Illinois State
Police. If the analysis was performed by a crime laboratory
funded by a combination of units of local government, the
funds analysis assessment shall be forwarded to the treasurer
of the county where the crime laboratory is situated if a crime
laboratory DUI fund has been established in that county. If
the unit of local government or combination of units of local


government has not established a crime laboratory DUI fund,
then the funds analysis assessment shall be remitted to the
State Treasurer for deposit into the State Crime Laboratory
Fund.
(g) Moneys deposited into a crime laboratory DUI fund
created under paragraphs (1) and (2) of subsection (e) of this
Section shall be in addition to any allocations made pursuant
to existing law and shall be designated for the exclusive use
of the crime laboratory. These uses may include, but are not
limited to, the following:
(1) Costs incurred in providing analysis for DUI
investigations conducted within this State.
(2) Purchase and maintenance of equipment for use in
performing analyses.
(3) Continuing education, training, and professional
development of forensic scientists regularly employed by
these laboratories.
(h) Moneys deposited in the State Crime Laboratory Fund
shall be used by State crime laboratories as designated by the
Director of the Illinois State Police. These funds shall be in
addition to any allocations made according to existing law and
shall be designated for the exclusive use of State crime
laboratories. These uses may include those enumerated in
subsection (g) of this Section.
(i) Notwithstanding any other provision of law to the
contrary and in addition to any other transfers that may be


provided by law, on June 17, 2021 (the effective date of Public
Act 102-16), or as soon thereafter as practical, the State
Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the State Police DUI Fund
into the State Police Operations Assistance Fund. Upon
completion of the transfer, the State Police DUI Fund is
dissolved, and any future deposits due to that Fund and any
outstanding obligations or liabilities of that Fund shall pass
to the State Police Operations Assistance Fund.
(Source: P.A. 102-16, eff. 6-17-21; 102-145, eff. 7-23-21;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
(730 ILCS 5/5-9-3) (from Ch. 38, par. 1005-9-3)
Sec. 5-9-3. Default.
(a) An offender who defaults in the payment of a fine or
any installment of that fine may be held in contempt and
imprisoned for nonpayment. The court may issue a summons for
his appearance or a warrant of arrest.
(b) Unless the offender shows that his default was not due
to his intentional refusal to pay, or not due to a failure on
his part to make a good faith effort to pay, the court may
order the offender imprisoned for a term not to exceed 6 months
if the fine was for a felony, or 30 days if the fine was for a
misdemeanor, a petty offense or a business offense. Payment of
the fine at any time will entitle the offender to be released,
but imprisonment under this Section shall not satisfy the


payment of the fine.
(c) If it appears that the default in the payment of a fine
is not intentional under paragraph (b) of this Section, the
court may enter an order allowing the offender additional time
for payment, reducing the amount of the fine or of each
installment, or revoking the fine or the unpaid portion.
(d) When a fine is imposed on a corporation or
unincorporated organization or association, it is the duty of
the person or persons authorized to make disbursement of
assets, and their superiors, to pay the fine from assets of the
corporation or unincorporated organization or association. The
failure of such persons to do so shall render them subject to
proceedings under paragraphs (a) and (b) of this Section.
(e) A default in the payment of a fine, fee, cost, order of
restitution, judgment of bond forfeiture, judgment order of
forfeiture, or any installment thereof may be collected by any
and all means authorized for the collection of money
judgments. The State's Attorney of the county in which the
fine, fee, cost, order of restitution, judgment of bond
forfeiture, or judgment order of forfeiture was imposed may
retain attorneys and private collection agents for the purpose
of collecting any default in payment of any fine, fee, cost,
order of restitution, judgment of bond forfeiture, judgment
order of forfeiture, or installment thereof. An additional fee
of 30% of the delinquent amount and each taxable court cost
including, without limitation, costs of service of process,


shall be charged to the offender for any amount of the fine,
fee, cost, restitution, or judgment of bond forfeiture or
installment of the fine, fee, cost, restitution, or judgment
of bond forfeiture that remains unpaid after the time fixed
for payment of the fine, fee, cost, restitution, or judgment
of bond forfeiture by the court. The additional fee shall be
payable to the State's Attorney in order to compensate the
State's Attorney for costs incurred in collecting the
delinquent amount. The State's Attorney may enter into
agreements assigning any portion of the fee to the retained
attorneys or the private collection agent retained by the
State's Attorney. Any agreement between the State's Attorney
and the retained attorneys or collection agents shall require
the approval of the Circuit Clerk of that county. A default in
payment of a fine, fee, cost, restitution, or judgment of bond
forfeiture shall draw interest at the rate of 9% per annum.
(f) This Section does not apply against a minor or the
minor's parent, guardian, or legal custodian in cases subject
to Article III, IV, or V of the Juvenile Court Act of 1987, or
a minor under the age of 18 transferred to adult court or
excluded from juvenile court jurisdiction under Article V of
the Juvenile Court Act of 1987.
(Source: P.A. 98-373, eff. 1-1-14.)
Section 45. The Code of Civil Procedure is amended by
changing Section 2-202 as follows:


(735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
Sec. 2-202. Persons authorized to serve process; place of
service; failure to make return.
(a) Process shall be served by a sheriff, or if the sheriff
is disqualified, by a coroner of some county of the State. In
matters where the county or State is an interested party,
process may be served by a special investigator appointed by
the State's Attorney of the county, as defined in Section
3-9005 of the Counties Code. A sheriff of a county with a
population of less than 2,000,000 may employ civilian
personnel to serve process. In counties with a population of
less than 2,000,000, process may be served, without special
appointment, by a person who is licensed or registered as a
private detective under the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Act of
2004 or by a registered employee of a private detective agency
certified under that Act as defined in Section (a-5). A
private detective or licensed employee must supply the sheriff
of any county in which he serves process with a copy of his
license or certificate; however, the failure of a person to
supply the copy shall not in any way impair the validity of
process served by the person. The court may, in its discretion
upon motion, order service to be made by a private person over
18 years of age and not a party to the action. It is not
necessary that service be made by a sheriff or coroner of the


county in which service is made. If served or sought to be
served by a sheriff or coroner, he or she shall endorse his or
her return thereon, and if by a private person the return shall
be by affidavit.
(a-5) Upon motion and in its discretion, the court may
appoint as a special process server a private detective agency
certified under the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004. Under
the appointment, any employee of the private detective agency
who is registered under that Act may serve the process. The
motion and the order of appointment must contain the number of
the certificate issued to the private detective agency by the
Department of Professional Regulation under the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004. A private detective or
private detective agency shall send, one time only, a copy of
his, her, or its individual private detective license or
private detective agency certificate to the county sheriff in
each county in which the detective or detective agency or his,
her, or its employees serve process, regardless of the size of
the population of the county. As long as the license or
certificate is valid and meets the requirements of the
Department of Financial and Professional Regulation, a new
copy of the current license or certificate need not be sent to
the sheriff. A private detective agency shall maintain a list
of its registered employees. Registered employees shall


consist of:
(1) an employee who works for the agency holding a
valid Permanent Employee Registration Card;
(2) a person who has applied for a Permanent Employee
Registration Card, has had his or her fingerprints
processed and cleared by the Illinois State Police and the
FBI, and as to whom the Department of Financial and
Professional Regulation website shows that the person's
application for a Permanent Employee Registration Card is
pending;
(3) a person employed by a private detective agency
who is exempt from a Permanent Employee Registration Card
requirement because the person is a current peace officer;
and
(4) a private detective who works for a private
detective agency as an employee.
A detective agency shall maintain this list and forward it to
any sheriff's department that requests this list within 5
business days after the receipt of the request.
(b) Summons may be served upon the defendants wherever
they may be found in the State, by any person authorized to
serve process. An officer may serve summons in his or her
official capacity outside his or her county, but fees for
mileage outside the county of the officer cannot be taxed as
costs. The person serving the process in a foreign county may
make return by mail.


(c) If any sheriff, coroner, or other person to whom any
process is delivered, neglects or refuses to make return of
the same, the plaintiff may petition the court to enter a rule
requiring the sheriff, coroner, or other person, to make
return of the process on a day to be fixed by the court, or to
show cause on that day why that person should not be attached
for contempt of the court. The plaintiff shall then cause a
written notice of the rule to be served on the sheriff,
coroner, or other person. If good and sufficient cause be not
shown to excuse the officer or other person, the court shall
adjudge him or her guilty of a contempt, and shall impose
punishment as in other cases of contempt.
(d) Except as provided in Sections 1-19, 3-17, 4-14, and
5-252 of the Juvenile Court Act of 1987, if If process is
served by a sheriff, coroner, or special investigator
appointed by the State's Attorney, the court may tax the fee of
the sheriff, coroner, or State's Attorney's special
investigator as costs in the proceeding. If process is served
by a private person or entity, the court may establish a fee
therefor and tax such fee as costs in the proceedings.
(e) In addition to the powers stated in Section 8.1a of the
Housing Authorities Act, in counties with a population of
3,000,000 or more inhabitants, members of a housing authority
police force may serve process for eviction actions commenced
by that housing authority and may execute eviction orders for
that housing authority.


(f) In counties with a population of 3,000,000 or more,
process may be served, with special appointment by the court,
by a private process server or a law enforcement agency other
than the county sheriff in proceedings instituted under
Article IX of this Code as a result of a lessor or lessor's
assignee declaring a lease void pursuant to Section 11 of the
Controlled Substance and Cannabis Nuisance Act.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.