Article 5, Part 3 – Immediate intervention procedures (705 ILCS 405/Article V, Part 3)

D. Probation adjustment (705 ILCS 405/5-305):

A probation adjustment occurs when a juvenile offender is petitioned to court. When the petition is brought to the court by police officer, the juvenile probation department may administer an adjustment also known as a “screen out.” This allows the matter to be diverted from the courtroom and provides the minor another opportunity to correct his/her actions.

The court may authorize a probation officer to confer in a preliminary conference with the minor who has been alleged to have committed an offense. This conference may also include his/her parents, the State’s Attorney, the victim, and any other interested person concerning the advisability of filing a petition under Section 5-520. The probation officer should schedule a conference promptly, except when the State’s Attorney’s office insists on court action, or when the minor demands a judicial hearing.

This section does not authorize any probation officer to compel any person to appear at any conference, produce any papers, or visit any place.

No statement made during a preliminary conference regarding the offense that is subject to the conference may be admitted into evidence in an adjudicatory hearing or any other proceeding against a minor under the criminal laws of this State prior to his/her conviction under those laws.

When a probation adjustment is appropriate, the probation officer will formulate a written, non-judicial adjustment plan following the initial conference.

Non-judicial probation adjustment plans include, but are not limited to, the following provisions:

  1. Up to 6 months informal supervision within the family

  2. 12 months informal supervision with a probation officer

  3. Referral to special education, counseling, or other rehabilitative programs

  4. Referral to residential placement treatment programs

  5. Participation in public or community service programs

  6. Any other appropriate action with the consent of the minor and a parent
The probation officer who imposes a probation adjustment plan must assure that information about an offense which is a felony if committed by an adult, and that of a misdemeanor offense, be transmitted to the Illinois Department of State Police.

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