A minor arrested for any offense or a violation of a condition of previous station adjustment may receive a station adjustment for that arrest as provided herein. In deciding whether to impose a station adjustment, either informal or formal, a juvenile police officer shall consider the following factors:
         (A) The seriousness of the alleged offense.

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Terms Used In Illinois Compiled Statutes 705 ILCS 405/5-301

  • Arrest: Taking physical custody of a person by lawful authority.
  • Community service: means uncompensated labor for
    
a community service agency as hereinafter defined. See Illinois Compiled Statutes 705 ILCS 405/5-105
  • Conviction: A judgement of guilt against a criminal defendant.
  • Court: means the circuit court in a session or
  •     
    division assigned to hear proceedings under this Act, and includes the term Juvenile Court. See Illinois Compiled Statutes 705 ILCS 405/5-105
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Juvenile police officer: means a sworn police
  •     
    officer who has completed a Basic Recruit Training Course, has been assigned to the position of juvenile police officer by the officer's chief law enforcement officer and has completed the necessary juvenile officers training as prescribed by the Illinois Law Enforcement Training Standards Board, or in the case of a State police officer, juvenile officer training approved by the Director of the Illinois State Police. See Illinois Compiled Statutes 705 ILCS 405/5-105
  • Minor: means a person under the age of 21 years
  •     
    subject to this Act. See Illinois Compiled Statutes 705 ILCS 405/5-105
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • State: when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. See Illinois Compiled Statutes 5 ILCS 70/1.14
  • Station adjustment: means the informal or
  •     
    formal handling of an alleged offender by a juvenile police officer. See Illinois Compiled Statutes 705 ILCS 405/5-105

             (B) The prior history of delinquency of the minor.
             (C) The age of the minor.
             (D) The culpability of the minor in committing the
        
    alleged offense.
            (E) Whether the offense was committed in an
        
    aggressive or premeditated manner.
            (F) Whether the minor used or possessed a deadly
        
    weapon when committing the alleged offenses.
        (1) Informal station adjustment.
             (a) An informal station adjustment is defined as a
        
    procedure when a juvenile police officer determines that there is probable cause to believe that the minor has committed an offense.
            (b) A minor shall receive no more than 3 informal
        
    station adjustments statewide for a misdemeanor offense within 3 years without prior approval from the State‘s Attorney’s Office.
            (c) A minor shall receive no more than 3 informal
        
    station adjustments statewide for a felony offense within 3 years without prior approval from the State’s Attorney’s Office.
            (d) A minor shall receive a combined total of no more
        
    than 5 informal station adjustments statewide during the person’s minority.
            (e) The juvenile police officer may make reasonable
        
    conditions of an informal station adjustment which may include but are not limited to:
                (i) Curfew.
                 (ii) Conditions restricting entry into designated
            
    geographical areas.
                (iii) No contact with specified persons.
                 (iv) School attendance.
                 (v) Performing up to 25 hours of community
            
    service work.
                (vi) Community mediation.
                 (vii) Teen court or a peer court.
                 (viii) Restitution limited to 90 days.
             (f) If the minor refuses or fails to abide by the
        
    conditions of an informal station adjustment, the juvenile police officer may impose a formal station adjustment or refer the matter to the State’s Attorney’s Office.
            (g) An informal station adjustment does not
        
    constitute an adjudication of delinquency or a criminal conviction. Beginning January 1, 2000, a record shall be maintained with the Illinois State Police for informal station adjustments for offenses that would be a felony if committed by an adult, and may be maintained if the offense would be a misdemeanor.
        (2) Formal station adjustment.
             (a) A formal station adjustment is defined as a
        
    procedure when a juvenile police officer determines that there is probable cause to believe the minor has committed an offense and an admission by the minor of involvement in the offense.
            (b) The minor and parent, guardian, or legal
        
    custodian must agree in writing to the formal station adjustment and must be advised of the consequences of violation of any term of the agreement.
            (c) The minor and parent, guardian or legal custodian
        
    shall be provided a copy of the signed agreement of the formal station adjustment. The agreement shall include:
                (i) The offense which formed the basis of the
            
    formal station adjustment.
                (ii) An acknowledgment that the terms of the
            
    formal station adjustment and the consequences for violation have been explained.
                (iii) An acknowledgment that the formal station
            
    adjustments record may be expunged under Section 5-915 of this Act.
                (iv) An acknowledgment that the minor understands
            
    that the minor’s admission of involvement in the offense may be admitted into evidence in future court hearings.
                (v) A statement that all parties understand the
            
    terms and conditions of formal station adjustment and agree to the formal station adjustment process.
            (d) Conditions of the formal station adjustment may
        
    include, but are not limited to:
                (i) The time shall not exceed 120 days.
                 (ii) The minor shall not violate any laws.
                 (iii) The juvenile police officer may require the
            
    minor to comply with additional conditions for the formal station adjustment which may include but are not limited to:
                    (a) Attending school.
                     (b) Abiding by a set curfew.
                     (c) Payment of restitution.
                     (d) Refraining from possessing a firearm or
                
    other weapon.
                    (e) Reporting to a police officer at
                
    designated times and places, including reporting and verification that the minor is at home at designated hours.
                    (f) Performing up to 25 hours of community
                
    service work.
                    (g) Refraining from entering designated
                
    geographical areas.
                    (h) Participating in community mediation.
                     (i) Participating in teen court or peer court.
                     (j) Refraining from contact with specified
                
    persons.
            (e) A formal station adjustment does not constitute
        
    an adjudication of delinquency or a criminal conviction. Beginning January 1, 2000, a record shall be maintained with the Illinois State Police for formal station adjustments.
            (f) A minor or the minor’s parent, guardian, or legal
        
    custodian, or both the minor and the minor’s parent, guardian, or legal custodian, may refuse a formal station adjustment and have the matter referred for court action or other appropriate action.
            (g) A minor or the minor’s parent, guardian, or legal
        
    custodian, or both the minor and the minor’s parent, guardian, or legal custodian, may within 30 days of the commencement of the formal station adjustment revoke their consent and have the matter referred for court action or other appropriate action. This revocation must be in writing and personally served upon the police officer or the police officer’s supervisor.
            (h) The admission of the minor as to involvement in
        
    the offense shall be admissible at further court hearings as long as the statement would be admissible under the rules of evidence.
            (i) If the minor violates any term or condition of
        
    the formal station adjustment the juvenile police officer shall provide written notice of violation to the minor and the minor’s parent, guardian, or legal custodian. After consultation with the minor and the minor’s parent, guardian, or legal custodian, the juvenile police officer may take any of the following steps upon violation:
                (i) Warn the minor of consequences of continued
            
    violations and continue the formal station adjustment.
                (ii) Extend the period of the formal station
            
    adjustment up to a total of 180 days.
                (iii) Extend the hours of community service work
            
    up to a total of 40 hours.
                (iv) Terminate the formal station adjustment
            
    unsatisfactorily and take no other action.
                (v) Terminate the formal station adjustment
            
    unsatisfactorily and refer the matter to the juvenile court.
            (j) A minor shall receive no more than 2 formal
        
    station adjustments statewide for a felony offense without the State’s Attorney’s approval within a 3 year period.
            (k) A minor shall receive no more than 3 formal
        
    station adjustments statewide for a misdemeanor offense without the State’s Attorney’s approval within a 3 year period.
            (l) The total for formal station adjustments
        
    statewide within the period of minority may not exceed 4 without the State’s Attorney’s approval.
            (m) If the minor is arrested in a jurisdiction where
        
    the minor does not reside, the formal station adjustment may be transferred to the jurisdiction where the minor does reside upon written agreement of that jurisdiction to monitor the formal station adjustment.
        (3) Beginning January 1, 2000, the juvenile police officer making a station adjustment shall assure that information about any offense which would constitute a felony if committed by an adult and may assure that information about a misdemeanor is transmitted to the Illinois State Police.
         (4) The total number of station adjustments, both formal and informal, shall not exceed 9 without the State’s Attorney’s approval for any minor arrested anywhere in the State.