705 ILCS 405/5-625
2021 Illinois Compiled Statutes|Chapter 705 - COURTS|705 ILCS 405/ - Juvenile Court Act of 1987.|Article V - Delinquent Minors

Sec. 5-625.     Absence of minor.(1) When a minor after arrest and an initial court appearance for a felony,  fails to appear for trial, at the request of the State and after the State has  affirmatively proven through substantial evidence that the minor is willfully  avoiding trial, the court may commence trial in the absence of the minor.  The  absent minor must be represented by retained or appointed counsel.  If trial  had previously commenced in the presence of the minor and the minor willfully  absents himself for 2 successive court days, the court shall proceed to  trial.  All procedural rights guaranteed by the United States Constitution,  Constitution of the State of Illinois, statutes of the State of Illinois, and  rules of court shall apply to the proceedings the same as if the minor  were present in court.  The court may set the case for a trial which may be  conducted under this Section despite the failure of the minor to appear at the  hearing at which the trial date is set.  When the trial date is set the clerk  shall send to the minor, by certified mail at his or her last known address,  notice of  the new date which has been set for trial.  The notification shall be required  when the minor was not personally present in open court at the time when the  case was set for trial.(2) The absence of the minor from a trial conducted under this Section  does not operate as a bar to concluding the trial, to a finding of guilty  resulting from the trial, or to a final disposition of the trial in favor of  the  minor.(3) Upon a finding or verdict of not guilty the court shall enter finding  for the  minor.  Upon a finding or verdict  of guilty, the court shall set a date for the hearing of post-trial motions and  shall hear the motion in the absence of the minor.  If post-trial motions are  denied, the court shall proceed to conduct a sentencing hearing and to impose a  sentence upon the minor.  A social investigation is waived if the minor is  absent.(4) A minor who is absent for part of the proceedings of trial, post-trial  motions, or sentencing, does not thereby forfeit his or her right to be present  at all  remaining proceedings.(5) When a minor who in his or her absence has been either found guilty or  sentenced or both found guilty and sentenced appears before the court, he or  she must  be granted a new trial or a new sentencing hearing if the minor can establish  that his or her failure to appear in court was both without his or her fault  and due to  circumstances beyond his or her control.  A hearing with notice to the  State's Attorney on the minors request for a new trial or a new sentencing  hearing must be held before any such request may be granted.  At any such  hearing both the minor and the State may present evidence.(6) If the court grants only the minor's request for a new sentencing  hearing, then a new sentencing hearing shall be held in accordance with the  provisions of this Article.  At any such hearing, both the minor and the State may offer  evidence of the minor's conduct during his or her period of absence from the  court.  The court may impose any sentence authorized by this Article and in the case of  an extended juvenile jurisdiction prosecution the Unified  Code of Corrections and is not in any way limited or restricted by any sentence  previously imposed.(7) A minor whose motion under subsection (5) for a new trial or new  sentencing hearing has been denied may file a notice of appeal from the denial.  The notice may also include a request for review of the finding and sentence  not vacated by the trial court.    (Source: P.A. 90-590, eff. 1-1-99.)