705 ILCS 405/3-16
2021 Illinois Compiled Statutes|Chapter 705 - COURTS|705 ILCS 405/ - Juvenile Court Act of 1987.|Article III - Minors Requiring Authoritative Intervention

 (from Ch. 37, par. 803-16)Sec. 3-16.     Date for adjudicatory hearing.     (a) Until January 1, 1988:(1) When a petition has been  filed alleging that the minor requires authoritative intervention, an  adjudicatory hearing shall be held within 120  days.  The 120 day period in which an adjudicatory hearing shall be held is  tolled by: (A) delay occasioned by the minor; (B) a continuance allowed  pursuant to Section 114-4 of the Code of Criminal Procedure of 1963 after a  court's determination of the minor's physical incapacity for trial; or (C)  an interlocutory appeal.  Any such delay shall temporarily suspend for the  time of the delay the period within which the adjudicatory hearing must be  held.  On the day of expiration of the delay, the said period shall  continue at the point at which it was suspended. Where no such adjudicatory  hearing is held within 120 days, the  court may, on written motion of a minor's guardian ad litem, dismiss the  petition with respect to such minor.  Such dismissal shall be without  prejudice.Where the court determines that the State exercised, without success, due  diligence to obtain evidence material to the case, and that there are  reasonable grounds to believe that such evidence may be obtained at a later  date, the court may, upon written motion by the State, continue the matter  for not more than 30 additional days.(2) In the case of a minor ordered held in shelter care, the hearing on  the petition must be held within 10 judicial days from the date of the  order of the court directing shelter care or the earliest possible date in  compliance with the notice provisions of  Sections 3-17 and 3-18 as to the custodial parent, guardian or legal  custodian, but no later than 30 judicial days from the date of the order  of the court directing shelter care.  Delay occasioned by the  respondent shall temporarily suspend, for the time of the delay, the period  within which a respondent must be tried pursuant to this Section.Upon failure to comply with the time limits specified in this subsection  (a)(2), the minor shall be immediately released.  The time limits specified in  subsection (a)(1) shall still apply.(3) Nothing in this Section prevents the minor's exercise of his or her  right to waive any time limits set forth in this Section.(b) Beginning January 1, 1988:(1) (A) When a petition has been filed alleging that the minor requires  authoritative intervention, an adjudicatory hearing shall be held  within 120 days of a demand made by any party, except that when the court  determines that the State, without success, has exercised due diligence to  obtain evidence material to the case and that there are reasonable grounds  to believe that such evidence may be obtained at a later date, the court  may, upon motion by the State, continue the adjudicatory hearing for not  more than 30 additional days.The 120 day period in which an adjudicatory hearing shall be held is  tolled by: (i) delay occasioned by the minor; or (ii) a continuance allowed  pursuant to Section 114-4 of the Code of  Criminal Procedure of 1963 after a court's determination of the minor's  physical incapacity for trial; or (iii) an interlocutory appeal.   Any such delay shall temporarily suspend, for the time of the delay, the  period within which the adjudicatory hearing must be held.  On the day of  expiration of the delay, the said period shall continue at the point at  which it was suspended.(B) When no such adjudicatory hearing is held within the time required  by paragraph (b)(1)(A) of this Section, the court shall, upon motion by  any party, dismiss the petition with prejudice.(2) Without affecting the applicability of the tolling and multiple  prosecution provisions of paragraph (b)(1) of this Section, when a petition  has been filed alleging that the minor requires authoritative intervention  and the minor is in shelter care, the adjudicatory hearing  shall be held within 10 judicial days after the date of the order directing  shelter care, or the earliest possible date in compliance with  the notice provisions of Sections 3-17 and 3-18 as to the custodial parent,  guardian or legal custodian, but no later than 30 judicial days from the  date of the order of the court directing shelter care.(3) Any failure to comply with the time limits of paragraph (b)(2) of  this Section shall require the immediate  release of the minor from shelter care, and the time limits of  paragraph (b)(1) shall apply.(4) Nothing in this Section prevents the minor or the minor's parents or  guardian from exercising their respective rights to waive the time limits  set forth in this Section.    (Source: P.A. 85-601.)