Public Act 103-0379

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

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.