Article V, Part VII - Proceedings after trial, sentencing (705 ILCS 405/Article 5, Part 7)
This segment will address those actions which occur after a trial has been held. It will examine the uses and requirements of social investigation reports, sentencing orders, probation, placement, and commitment. The ways in which the court determines sentencing, dispositions available to the court, and conditions placed upon minors found guilty will all be reviewed, as will age minimums followed by the Department of Corrections.
A. Social investigation report (705 ILCS 405/5-701):
Upon order of the court, a social investigation report will be prepared and delivered to the parties at least 3 days prior to the sentencing hearing. This document provides the court with a picture of, among other things, the minor�s physical and mental history and condition, family situation and background, economic status, education, and history of delinquency or criminality. This report aids the court in determining sentencing hearing recommendations that consistently serve the best interests of the minor. It is intended to provide suggestions for promoting those educational, vocational, social, and civic skills which lead to a productive life. The social investigation report is completed by the juvenile probation department of a county.
B. Sentencing hearing (705 ILCS 405/5-705):
At the sentencing hearing, the court shall determine whether it is in the best interests of the minor or the public that he or she be made a ward of the court, and, if he or she is to be made a ward of the court, the court shall determine the proper disposition best serving the interests of the minor and the public.
All evidence helpful in determining these questions, including oral and written reports, may be admitted and may be relied upon to the extent of its probative value, even though not competent for the purposes of the trial. A crime victim shall be allowed to present an oral or written statement, as guaranteed by Article I, Section 8.1 of the Illinois Constitution and as provided in Section 6 of the Rights of Crime Victims and Witnesses Act, in any case in which: (a) a juvenile has been adjudicated delinquent for a violent crime after a bench or jury trial; or (b) the petition alleged the commission of a violent crime and the juvenile has been adjudicated delinquent under a plea agreement of a crime that is not a violent crime.
The court shall allow a victim to make an oral statement if the victim is present in the courtroom and requests to make an oral statement.
Before imposing sentence the court shall advise the State's Attorney and the parties who are present or their counsel of the factual contents and the conclusions of the reports prepared for the use of the court and considered by it, and afford fair opportunity, if requested, to controvert them.
When commitment to the Department of Juvenile Justice is ordered, the court shall state the basis for selecting the particular disposition, and the court shall prepare such a statement for inclusion in the record.
Before a sentencing order is entered by the court under Section 5-710 for a minor adjudged delinquent for a violation of paragraph (3.5) of subsection (a) of Section 26-1 of the Criminal Code of 2012, in which the minor made a threat of violence, death, or bodily harm against a person, school, school function, or school event, the court may order a mental health evaluation of the minor by a physician, clinical psychologist, or qualified examiner, whether employed by the State, by any public or private mental health facility or part of the facility, or by any public or private medical facility or part of the facility.
