ILCS » Chapter 705 · Act 405

705 ILCS 405/5-101

Purpose and policy

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(705 ILCS 405/5-101)
    Sec. 5-101. Purpose and policy.
    (1) It is the intent of the General Assembly to promote a juvenile justice system capable of dealing with the problem of juvenile delinquency, a system that will protect the community, impose accountability for violations of law and equip juvenile offenders with competencies to live responsibly and productively. To effectuate this intent, the General Assembly declares the following to be important purposes of this Article:
        (a) To protect citizens from juvenile crime.
        (b) To hold each juvenile offender directly
    
accountable for the juvenile's acts.
        (c) To provide an individualized assessment of each
    
alleged and adjudicated delinquent juvenile, in order to rehabilitate and to prevent further delinquent behavior through the development of competency in the juvenile offender. As used in this Section, "competency" means the development of educational, vocational, social, emotional and basic life skills which enable a minor to mature into a productive member of society.
        (d) To provide due process, as required by the
    
Constitutions of the United States and the State of Illinois, through which each juvenile offender and all other interested parties are assured fair hearings at which legal rights are recognized and enforced.
    (2) To accomplish these goals, juvenile justice policies developed pursuant to this Article shall be designed to:
        (a) Promote the development and implementation of
    
community-based programs designed to prevent unlawful and delinquent behavior and to effectively minimize the depth and duration of the minor's involvement in the juvenile justice system;
        (b) Provide secure confinement for minors who present
    
a danger to the community and make those minors understand that sanctions for serious crimes, particularly violent felonies, should be commensurate with the seriousness of the offense and merit strong punishment;
        (c) Protect the community from crimes committed by
    
minors;
        (d) Provide programs and services that are
    
community-based and that are in close proximity to the minor's home;
        (e) Allow minors to reside within their homes
    
whenever possible and appropriate and provide support necessary to make this possible;
        (f) Base probation treatment planning upon individual
    
case management plans;
        (g) Include the minor's family in the case management
    
plan;
        (h) Provide supervision and service coordination
    
where appropriate; implement and monitor the case management plan in order to discourage recidivism;
        (i) Provide post-release services to minors who are
    
returned to their families and communities after detention;
        (j) Hold minors accountable for their unlawful
    
behavior and not allow minors to think that their delinquent acts have no consequence for themselves and others.
    (3) In all procedures under this Article, minors shall have all the procedural rights of adults in criminal proceedings, unless specifically precluded by laws that enhance the protection of such minors. Minors shall not have the right to a jury trial unless specifically provided by this Article.
(Source: P.A. 103-22, eff. 8-8-23.)

    
Notes of Decisions
Cited in 73 cases (6 in the last 5 years), 2000–2025 · leading case: In re Jonathon C.B.
Sort: Relevance Newest Treatment
In re Jonathon C.B. (2011) ill · cites it 6× “See 705 ILCS 405/5-101(1)(a), (1)(b) (West 2006).”
In re N.H. (2016) illappct · cites it 5× “" 705 ILCS 405/5-101(1) (West 2014). ¶ 59 The purpose and policy section, quoted above, was amended effective January 1, 1999, and our supreme court has acknowledged that this amendment "represent[ed] a fundamental shift from the singular goal of rehabilitation to include the…”
In Re Jonathon CB (2011) ill · cites it 8× “He points out that the amendments explicitly changed the policy and purpose of the juvenile justice system, making the protection of citizens from juvenile crime and holding juvenile offenders accountable for their actions the primary goals of the Act.”
In Re AG (2001) ill · cites it 4× “Justice THOMAS delivered the opinion of the court: Pursuant to the Juvenile Court Act of 1987 (the Juvenile Court Act) (705 ILCS 405/5-101 et seq. (West 1998)), the State filed an amended delinquency petition against the respondent, A.”
People v. Luis R. (2010) ill · cites it 2× “2d 958 (2006), quoting 705 ILCS 405/5-101(1) (West 1998)), but its "overriding purpose" is to "deal with delinquency in those ` under the age of 21.”
Welch v. United States (2010) ca7 · cites it 2× “705 ILCS 405/5-101(3); People v. Taylor, 221 Ill.”
People Ex Rel. Devine v. Stralka (2007) ill · cites it 3× “" 705 ILCS 405/5-101(1)(a), (1)(b), (1)(c) (West 2004).”
People v. Jones (2016) ill · cites it 3× “705 ILCS 405/5-101(1) (West 2010). Further, article V provides that “minors shall have all the procedural rights of adults - 11 - in criminal proceedings, unless specifically precluded by laws that enhance the protection of such minors,” except that “[m]inors shall not have the…”
City of Urbana v. Andrew N.B. (2004) ill · cites it 2× “Specifically, they argue that section 5-125 allows municipalities to choose arbitrarily between referring ordinance violations involving minors to the State for prosecution under the Act, which offers procedural protections including the right to appointed counsel (see 705 ILCS…”
People v. Jonathan C.B. (2008) illappct · cites it 5× “' 705 ILCS 405/5-101 (West 2000). Although proceedings under the Act are still not criminal in nature even in the aftermath of the 1999 amendments and are to be administered in a spirit of humane concern for the minor and to promote his general welfare, the policy statement in…”
In re Deshawn G. (2015) illappct · cites it 4× “705 ILCS 405/5-101(c) (West 2012)), the purpose and policy section of the Juvenile Court Act has been amended to promote a juvenile justice system capable of dealing with the problem of juvenile delinquency, a system that will protect the community, impose accountability for…”
People Ex Rel. Devine v. Sharkey (2006) ill · cites it 2× “" 705 ILCS 405/5-101(3) (West 2004). But adults in criminal proceedings are not subject to the State utilizing the speedy-trial act to force them to trial over their protests — only a defendant can start the speedy-trial clock ticking by demanding trial in a criminal case.”
Show all 73 citing cases →
— 705 ILCS 405/5-101(1) — 12 cases
People v. Luis R. (2010) ill “2d 958 (2006), quoting 705 ILCS 405/5-101(1) (West 1998)), but its "overriding purpose" is to "deal with delinquency in those ` under the age of 21.”
In re N.H. (2016) illappct “" 705 ILCS 405/5-101(1) (West 2014). ¶ 59 The purpose and policy section, quoted above, was amended effective January 1, 1999, and our supreme court has acknowledged that this amendment "represent[ed] a fundamental shift from the singular goal of rehabilitation to include the…”
In Re AG (2001) ill “Justice THOMAS delivered the opinion of the court: Pursuant to the Juvenile Court Act of 1987 (the Juvenile Court Act) (705 ILCS 405/5-101 et seq. (West 1998)), the State filed an amended delinquency petition against the respondent, A.”
In re T.B. (2020) illappct
People v. Jones (2016) ill “705 ILCS 405/5-101(1) (West 2010). Further, article V provides that “minors shall have all the procedural rights of adults - 11 - in criminal proceedings, unless specifically precluded by laws that enhance the protection of such minors,” except that “[m]inors shall not have the…”
— 705 ILCS 405/5-101(1)(a) — 7 cases
In re Jonathon C.B. (2011) ill “See 705 ILCS 405/5-101(1)(a), (1)(b) (West 2006).”
People Ex Rel. Devine v. Stralka (2007) ill “" 705 ILCS 405/5-101(1)(a), (1)(b), (1)(c) (West 2004).”
In Re Jonathon CB (2011) ill “He points out that the amendments explicitly changed the policy and purpose of the juvenile justice system, making the protection of citizens from juvenile crime and holding juvenile offenders accountable for their actions the primary goals of the Act.”
People v. Markley (2013) illappct
In re Deshawn G. (2015) illappct “705 ILCS 405/5-101(c) (West 2012)), the purpose and policy section of the Juvenile Court Act has been amended to promote a juvenile justice system capable of dealing with the problem of juvenile delinquency, a system that will protect the community, impose accountability for…”
— 705 ILCS 405/5-101(1)(b) — 3 cases
People v. Fiveash (2015) ill
In re Derrico G. (2014) ill
In re Derrico G. (2014) ill
— 705 ILCS 405/5-101(1)(c) — 9 cases
In re N.H. (2016) illappct “" 705 ILCS 405/5-101(1) (West 2014). ¶ 59 The purpose and policy section, quoted above, was amended effective January 1, 1999, and our supreme court has acknowledged that this amendment "represent[ed] a fundamental shift from the singular goal of rehabilitation to include the…”
People Ex Rel. Devine v. Stralka (2007) ill “" 705 ILCS 405/5-101(1)(a), (1)(b), (1)(c) (West 2004).”
People v. R.H. (In Re R.H.) (2017) illappct
In re R.H. (2018) illappct
In Re Dontrell H. (2008) illappct
— 705 ILCS 405/5-101(10) — 1 case
People v. Luis R. (2010) ill “2d 958 (2006), quoting 705 ILCS 405/5-101(1) (West 1998)), but its "overriding purpose" is to "deal with delinquency in those ` under the age of 21.”
— 705 ILCS 405/5-101(17) — 2 cases
People v. Jonathan C.B. (2008) illappct “' 705 ILCS 405/5-101 (West 2000). Although proceedings under the Act are still not criminal in nature even in the aftermath of the 1999 amendments and are to be administered in a spirit of humane concern for the minor and to promote his general welfare, the policy statement in…”
In Re CB (2008) illappct
— 705 ILCS 405/5-101(2) — 2 cases
People Ex Rel. Devine v. Stralka (2007) ill “" 705 ILCS 405/5-101(1)(a), (1)(b), (1)(c) (West 2004).”
In re A.P. (2014) illappct
— 705 ILCS 405/5-101(2)(a) — 2 cases
In re Shelby R. (2013) ill
In re Shelby R. (2013) ill
— 705 ILCS 405/5-101(3) — 28 cases
In re Jonathon C.B. (2011) ill “See 705 ILCS 405/5-101(1)(a), (1)(b) (West 2006).”
In Re Jonathon CB (2011) ill “He points out that the amendments explicitly changed the policy and purpose of the juvenile justice system, making the protection of citizens from juvenile crime and holding juvenile offenders accountable for their actions the primary goals of the Act.”
Welch v. United States (2010) ca7 “705 ILCS 405/5-101(3); People v. Taylor, 221 Ill.”
City of Urbana v. Andrew N.B. (2004) ill “Specifically, they argue that section 5-125 allows municipalities to choose arbitrarily between referring ordinance violations involving minors to the State for prosecution under the Act, which offers procedural protections including the right to appointed counsel (see 705 ILCS…”
People Ex Rel. Devine v. Sharkey (2006) ill “" 705 ILCS 405/5-101(3) (West 2004). But adults in criminal proceedings are not subject to the State utilizing the speedy-trial act to force them to trial over their protests — only a defendant can start the speedy-trial clock ticking by demanding trial in a criminal case.”
— 705 ILCS 405/5-101(a) — 3 cases
In re Vincent K. (2014) illappct
In re Vincent K. (2014) illappct
In Re TC (2008) illappct
— 705 ILCS 405/5-101(c) — 1 case
In re Deshawn G. (2015) illappct “705 ILCS 405/5-101(c) (West 2012)), the purpose and policy section of the Juvenile Court Act has been amended to promote a juvenile justice system capable of dealing with the problem of juvenile delinquency, a system that will protect the community, impose accountability for…”
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