705 ILCS 405/5-901
2021 Illinois Compiled Statutes|Chapter 705 - COURTS|705 ILCS 405/ - Juvenile Court Act of 1987.|Article V - Delinquent Minors

(Text of Section from P.A. 102-197)Sec. 5-901. Court file.(1) The Court file with respect to proceedings under this  Article shall consist of the petitions, pleadings, victim impact statements,  process,  service of process, orders, writs and docket entries reflecting hearings held  and judgments and decrees entered by the court.  The court file shall be  kept separate from other records of the court.(a) The file, including information identifying the     victim or alleged victim of any sex offense, shall be disclosed only to the following parties when necessary for discharge of their official duties:(i) A judge of the circuit court and members of         the staff of the court designated by the judge;(ii) Parties to the proceedings and their         attorneys;(iii) Victims and their attorneys, except in         cases of multiple victims of sex offenses in which case the information identifying the nonrequesting victims shall be redacted;(iv) Probation officers, law enforcement officers         or prosecutors or their staff;(v) Adult and juvenile Prisoner Review Boards.(b) The Court file redacted to remove any information     identifying the victim or alleged victim of any sex offense shall be disclosed only to the following parties when necessary for discharge of their official duties:(i) Authorized military personnel;(ii) Persons engaged in bona fide research, with         the permission of the judge of the juvenile court and the chief executive of the agency that prepared the particular recording:  provided that publication of such research results in no disclosure of a minor's identity and protects the confidentiality of the record;(iii) The Secretary of State to whom the Clerk of         the Court shall report the disposition of all cases, as required in Section 6-204 or Section 6-205.1 of the Illinois Vehicle Code.  However, information reported relative to these offenses shall be privileged and available only to the Secretary of State, courts, and police officers;(iv) The administrator of a bonafide substance         abuse student assistance program with the permission of the presiding judge of the juvenile court;(v) Any individual, or any public or private         agency or institution, having custody of the juvenile under court order or providing educational, medical or mental health services to the juvenile or a court-approved advocate for the juvenile or any placement provider or potential placement provider as determined by the court.(3) A minor who is the victim or alleged victim in a juvenile proceeding  shall be  provided the same confidentiality regarding disclosure of identity as the  minor who is the subject of record.  Information identifying victims and alleged victims of sex offenses,  shall not be disclosed or open to public inspection under any circumstances.  Nothing in this Section shall prohibit the victim or alleged victim of any sex  offense from voluntarily disclosing his or her identity.(4) Relevant information, reports and records shall be made available to the  Department of  Juvenile Justice when a juvenile offender has been placed in the custody of the  Department of Juvenile Justice.(5) Except as otherwise provided in this subsection (5), juvenile court  records shall not be made available to the general public  but may be inspected by representatives of agencies, associations and news  media or other properly interested persons by general or special order of  the court.  The State's Attorney, the minor, his or her parents, guardian and  counsel  shall at all times have the right to examine court files and records.(a) The court shall allow the general public to have     access to the name, address, and offense of a minor who is adjudicated a delinquent minor under this Act under either of the following circumstances:(i) The adjudication of delinquency was based         upon the minor's commission of first degree murder, attempt to commit first degree murder, aggravated criminal sexual assault, or criminal sexual assault; or(ii) The court has made a finding that the minor         was at least 13 years of age at the time the act was committed and the adjudication of delinquency was based upon the minor's commission of: (A) an act in furtherance of the commission of a felony as a member of or on behalf of a criminal street gang, (B) an act involving the use of a firearm in the commission of a felony, (C) an act that would be a Class X felony offense under or the minor's second or subsequent Class 2 or greater felony offense under the Cannabis Control Act if committed by an adult, (D) an act that would be a second or subsequent offense under Section 402 of the Illinois Controlled Substances Act if committed by an adult, (E) an act that would be an offense under Section 401 of the Illinois Controlled Substances Act if committed by an adult, or (F) an act that would be an offense under the Methamphetamine Control and Community Protection Act if committed by an adult.(b) The court shall allow the general public to have     access to the name, address, and offense of a minor who is at least 13 years of age at the time the offense is committed and who is convicted, in criminal proceedings permitted or required under Section 5-805, under either of the following circumstances:(i) The minor has been convicted of first degree         murder, attempt to commit first degree murder, aggravated criminal sexual assault, or criminal sexual assault,(ii) The court has made a finding that the minor         was at least 13 years of age at the time the offense was committed and the conviction was based upon the minor's commission of: (A) an offense in furtherance of the commission of a felony as a member of or on behalf of a criminal street gang, (B) an offense involving the use of a firearm in the commission of a felony, (C) a Class X felony offense under the Cannabis Control Act or a second or subsequent Class 2 or greater felony offense under the Cannabis Control Act, (D) a second or subsequent offense under Section 402 of the Illinois Controlled Substances Act, (E) an offense under Section 401 of the Illinois Controlled Substances Act, or (F) an offense under the Methamphetamine Control and Community Protection Act.(6) Nothing in this Section shall be construed to limit the use of a  adjudication of delinquency as  evidence in any juvenile or criminal proceeding, where it would otherwise be  admissible under the rules of evidence, including but not limited to, use as  impeachment evidence against any witness, including the minor if he or she  testifies.(7) Nothing in this Section shall affect the right of a Civil Service  Commission or appointing authority examining the character and fitness of  an applicant for a position as a law enforcement officer to ascertain  whether that applicant was ever adjudicated to be a delinquent minor and,  if so, to examine the records or evidence which were made in  proceedings under this Act.(8) Following any adjudication of delinquency for a crime which would be  a felony if committed by an adult, or following any adjudication of delinquency  for a violation of Section 24-1, 24-3, 24-3.1, or 24-5  of the Criminal Code of 1961 or the Criminal Code of 2012, the State's Attorney shall ascertain  whether the minor respondent is enrolled in school and, if so, shall provide  a copy of the sentencing order to the principal or chief administrative  officer of the school.  Access to such juvenile records shall be limited  to the principal or chief administrative officer of the school and any school   counselor designated by him or her.(9) Nothing contained in this Act prevents the sharing or  disclosure of information or records relating or pertaining to juveniles  subject to the provisions of the Serious Habitual Offender Comprehensive  Action Program when that information is used to assist in the early  identification and treatment of habitual juvenile offenders.(11) The Clerk of the Circuit Court shall report to the Department of  State  Police, in the form and manner required by the Department of State Police, the  final disposition of each minor who has been arrested or taken into custody  before his or her 18th birthday for those offenses required to be reported  under Section 5 of the Criminal Identification Act.  Information reported to  the Department under this Section may be maintained with records that the  Department files under Section 2.1 of the Criminal Identification Act.(12) Information or records may be disclosed to the general public when the  court is conducting hearings under Section 5-805 or 5-810.(13) The changes made to this Section by Public Act 98-61 apply to juvenile court records of  a minor who has been arrested or taken into custody on or after January 1, 2014 (the effective date of Public Act 98-61). (Source: P.A. 102-197, eff. 7-30-21.)(Text of Section from P.A. 102-320)Sec. 5-901. Court file.(1) The Court file with respect to proceedings under this  Article shall consist of the petitions, pleadings, victim impact statements,  process,  service of process, orders, writs and docket entries reflecting hearings held  and judgments and decrees entered by the court.  The court file shall be  kept separate from other records of the court.(a) The file, including information identifying the     victim or alleged victim of any sex offense, shall be disclosed only to the following parties when necessary for discharge of their official duties:(i) A judge of the circuit court and members of         the staff of the court designated by the judge;(ii) Parties to the proceedings and their         attorneys;(iii) Victims and their attorneys, except in         cases of multiple victims of sex offenses in which case the information identifying the nonrequesting victims shall be redacted;(iv) Probation officers, law enforcement officers         or prosecutors or their staff;(v) Adult and juvenile Prisoner Review Boards.(b) The Court file redacted to remove any information     identifying the victim or alleged victim of any sex offense shall be disclosed only to the following parties when necessary for discharge of their official duties:(i) Authorized military personnel;(ii) Persons engaged in bona fide research, with         the permission of the judge of the juvenile court and the chief executive of the agency that prepared the particular recording:  provided that publication of such research results in no disclosure of a minor's identity and protects the confidentiality of the record;(iii) The Secretary of State to whom the Clerk of         the Court shall report the disposition of all cases, as required in Section 6-204 or Section 6-205.1 of the Illinois Vehicle Code.  However, information reported relative to these offenses shall be privileged and available only to the Secretary of State, courts, and police officers;(iv) The administrator of a bonafide substance         abuse student assistance program with the permission of the presiding judge of the juvenile court;(v) Any individual, or any public or private         agency or institution, having custody of the juvenile under court order or providing educational, medical or mental health services to the juvenile or a court-approved advocate for the juvenile or any placement provider or potential placement provider as determined by the court.(3) A minor who is the victim or alleged victim in a juvenile proceeding  shall be  provided the same confidentiality regarding disclosure of identity as the  minor who is the subject of record.  Information identifying victims and alleged victims of sex offenses,  shall not be disclosed or open to public inspection under any circumstances.  Nothing in this Section shall prohibit the victim or alleged victim of any sex  offense from voluntarily disclosing his or her identity.(4) Relevant information, reports and records shall be made available to the  Department of  Juvenile Justice when a juvenile offender has been placed in the custody of the  Department of Juvenile Justice.(4.5)   Relevant information, reports and records, held by the Department of Juvenile Justice, including social investigation, psychological and medical records, of any juvenile offender, shall be made available to any county juvenile detention facility upon written request by the Superintendent or Director of that juvenile detention facility, to the Chief Records Officer of the Department of Juvenile Justice where the subject youth is or was in the custody of the Department of Juvenile Justice and is subsequently ordered to be held in a county juvenile detention facility.(5) Except as otherwise provided in this subsection (5), juvenile court  records shall not be made available to the general public  but may be inspected by representatives of agencies, associations and news  media or other properly interested persons by general or special order of  the court.  The State's Attorney, the minor, his or her parents, guardian and  counsel  shall at all times have the right to examine court files and records.(a) The court shall allow the general public to have     access to the name, address, and offense of a minor who is adjudicated a delinquent minor under this Act under either of the following circumstances:(i) The adjudication of delinquency was based         upon the minor's commission of first degree murder, attempt to commit first degree murder, aggravated criminal sexual assault, or criminal sexual assault; or(ii) The court has made a finding that the minor         was at least 13 years of age at the time the act was committed and the adjudication of delinquency was based upon the minor's commission of: (A) an act in furtherance of the commission of a felony as a member of or on behalf of a criminal street gang, (B) an act involving the use of a firearm in the commission of a felony, (C) an act that would be a Class X felony offense under or the minor's second or subsequent Class 2 or greater felony offense under the Cannabis Control Act if committed by an adult, (D) an act that would be a second or subsequent offense under Section 402 of the Illinois Controlled Substances Act if committed by an adult, (E) an act that would be an offense under Section 401 of the Illinois Controlled Substances Act if committed by an adult, or (F) an act that would be an offense under the Methamphetamine Control and Community Protection Act if committed by an adult.(b) The court shall allow the general public to have     access to the name, address, and offense of a minor who is at least 13 years of age at the time the offense is committed and who is convicted, in criminal proceedings permitted or required under Section 5-805, under either of the following circumstances:(i) The minor has been convicted of first degree         murder, attempt to commit first degree murder, aggravated criminal sexual assault, or criminal sexual assault,(ii) The court has made a finding that the minor         was at least 13 years of age at the time the offense was committed and the conviction was based upon the minor's commission of: (A) an offense in furtherance of the commission of a felony as a member of or on behalf of a criminal street gang, (B) an offense involving the use of a firearm in the commission of a felony, (C) a Class X felony offense under the Cannabis Control Act or a second or subsequent Class 2 or greater felony offense under the Cannabis Control Act, (D) a second or subsequent offense under Section 402 of the Illinois Controlled Substances Act, (E) an offense under Section 401 of the Illinois Controlled Substances Act, or (F) an offense under the Methamphetamine Control and Community Protection Act.(6) Nothing in this Section shall be construed to limit the use of a  adjudication of delinquency as  evidence in any juvenile or criminal proceeding, where it would otherwise be  admissible under the rules of evidence, including but not limited to, use as  impeachment evidence against any witness, including the minor if he or she  testifies.(7) Nothing in this Section shall affect the right of a Civil Service  Commission or appointing authority examining the character and fitness of  an applicant for a position as a law enforcement officer to ascertain  whether that applicant was ever adjudicated to be a delinquent minor and,  if so, to examine the records or evidence which were made in  proceedings under this Act.(8) Following any adjudication of delinquency for a crime which would be  a felony if committed by an adult, or following any adjudication of delinquency  for a violation of Section 24-1, 24-3, 24-3.1, or 24-5  of the Criminal Code of 1961 or the Criminal Code of 2012, the State's Attorney shall ascertain  whether the minor respondent is enrolled in school and, if so, shall provide  a copy of the sentencing order to the principal or chief administrative  officer of the school.  Access to such juvenile records shall be limited  to the principal or chief administrative officer of the school and any guidance  counselor designated by him or her.(9) Nothing contained in this Act prevents the sharing or  disclosure of information or records relating or pertaining to juveniles  subject to the provisions of the Serious Habitual Offender Comprehensive  Action Program when that information is used to assist in the early  identification and treatment of habitual juvenile offenders.(11) The Clerk of the Circuit Court shall report to the Department of  State  Police, in the form and manner required by the Department of State Police, the  final disposition of each minor who has been arrested or taken into custody  before his or her 18th birthday for those offenses required to be reported  under Section 5 of the Criminal Identification Act.  Information reported to  the Department under this Section may be maintained with records that the  Department files under Section 2.1 of the Criminal Identification Act.(12) Information or records may be disclosed to the general public when the  court is conducting hearings under Section 5-805 or 5-810.(13) The changes made to this Section by Public Act 98-61 apply to juvenile court records of  a minor who has been arrested or taken into custody on or after January 1, 2014 (the effective date of Public Act 98-61). (Source: P.A. 102-320, eff. 8-6-21.)(Text of Section from P.A. 102-538)Sec. 5-901. Court file.(1) The Court file with respect to proceedings under this  Article shall consist of the petitions, pleadings, victim impact statements,  process,  service of process, orders, writs and docket entries reflecting hearings held  and judgments and decrees entered by the court.  The court file shall be  kept separate from other records of the court.(a) The file, including information identifying the     victim or alleged victim of any sex offense, shall be disclosed only to the following parties when necessary for discharge of their official duties:(i) A judge of the circuit court and members of         the staff of the court designated by the judge;(ii) Parties to the proceedings and their         attorneys;(iii) Victims and their attorneys, except in         cases of multiple victims of sex offenses in which case the information identifying the nonrequesting victims shall be redacted;(iv) Probation officers, law enforcement officers         or prosecutors or their staff;(v) Adult and juvenile Prisoner Review Boards.(b) The Court file redacted to remove any information     identifying the victim or alleged victim of any sex offense shall be disclosed only to the following parties when necessary for discharge of their official duties:(i) Authorized military personnel;(ii) Persons engaged in bona fide research, with         the permission of the judge of the juvenile court and the chief executive of the agency that prepared the particular recording:  provided that publication of such research results in no disclosure of a minor's identity and protects the confidentiality of the record;(iii) The Secretary of State to whom the Clerk of         the Court shall report the disposition of all cases, as required in Section 6-204 or Section 6-205.1 of the Illinois Vehicle Code.  However, information reported relative to these offenses shall be privileged and available only to the Secretary of State, courts, and police officers;(iv) The administrator of a bonafide substance         abuse student assistance program with the permission of the presiding judge of the juvenile court;(v) Any individual, or any public or private         agency or institution, having custody of the juvenile under court order or providing educational, medical or mental health services to the juvenile or a court-approved advocate for the juvenile or any placement provider or potential placement provider as determined by the court.(3) A minor who is the victim or alleged victim in a juvenile proceeding  shall be  provided the same confidentiality regarding disclosure of identity as the  minor who is the subject of record.  Information identifying victims and alleged victims of sex offenses,  shall not be disclosed or open to public inspection under any circumstances.  Nothing in this Section shall prohibit the victim or alleged victim of any sex  offense from voluntarily disclosing his or her identity.(4) Relevant information, reports and records shall be made available to the  Department of  Juvenile Justice when a juvenile offender has been placed in the custody of the  Department of Juvenile Justice.(5) Except as otherwise provided in this subsection (5), juvenile court  records shall not be made available to the general public  but may be inspected by representatives of agencies, associations and news  media or other properly interested persons by general or special order of  the court.  The State's Attorney, the minor, his or her parents, guardian and  counsel  shall at all times have the right to examine court files and records.(a) The court shall allow the general public to have     access to the name, address, and offense of a minor who is adjudicated a delinquent minor under this Act under either of the following circumstances:(i) The adjudication of delinquency was based         upon the minor's commission of first degree murder, attempt to commit first degree murder, aggravated criminal sexual assault, or criminal sexual assault; or(ii) The court has made a finding that the minor         was at least 13 years of age at the time the act was committed and the adjudication of delinquency was based upon the minor's commission of: (A) an act in furtherance of the commission of a felony as a member of or on behalf of a criminal street gang, (B) an act involving the use of a firearm in the commission of a felony, (C) an act that would be a Class X felony offense under or the minor's second or subsequent Class 2 or greater felony offense under the Cannabis Control Act if committed by an adult, (D) an act that would be a second or subsequent offense under Section 402 of the Illinois Controlled Substances Act if committed by an adult, (E) an act that would be an offense under Section 401 of the Illinois Controlled Substances Act if committed by an adult, or (F) an act that would be an offense under the Methamphetamine Control and Community Protection Act if committed by an adult.(b) The court shall allow the general public to have     access to the name, address, and offense of a minor who is at least 13 years of age at the time the offense is committed and who is convicted, in criminal proceedings permitted or required under Section 5-805, under either of the following circumstances:(i) The minor has been convicted of first degree         murder, attempt to commit first degree murder, aggravated criminal sexual assault, or criminal sexual assault,(ii) The court has made a finding that the minor         was at least 13 years of age at the time the offense was committed and the conviction was based upon the minor's commission of: (A) an offense in furtherance of the commission of a felony as a member of or on behalf of a criminal street gang, (B) an offense involving the use of a firearm in the commission of a felony, (C) a Class X felony offense under the Cannabis Control Act or a second or subsequent Class 2 or greater felony offense under the Cannabis Control Act, (D) a second or subsequent offense under Section 402 of the Illinois Controlled Substances Act, (E) an offense under Section 401 of the Illinois Controlled Substances Act, or (F) an offense under the Methamphetamine Control and Community Protection Act.(6) Nothing in this Section shall be construed to limit the use of an   adjudication of delinquency as  evidence in any juvenile or criminal proceeding, where it would otherwise be  admissible under the rules of evidence, including but not limited to, use as  impeachment evidence against any witness, including the minor if he or she  testifies.(7) Nothing in this Section shall affect the right of a Civil Service  Commission or appointing authority examining the character and fitness of  an applicant for a position as a law enforcement officer to ascertain  whether that applicant was ever adjudicated to be a delinquent minor and,  if so, to examine the records or evidence which were made in  proceedings under this Act.(8) Following any adjudication of delinquency for a crime which would be  a felony if committed by an adult, or following any adjudication of delinquency  for a violation of Section 24-1, 24-3, 24-3.1, or 24-5  of the Criminal Code of 1961 or the Criminal Code of 2012, the State's Attorney shall ascertain  whether the minor respondent is enrolled in school and, if so, shall provide  a copy of the sentencing order to the principal or chief administrative  officer of the school.  Access to such juvenile records shall be limited  to the principal or chief administrative officer of the school and any guidance  counselor designated by him or her.(9) Nothing contained in this Act prevents the sharing or  disclosure of information or records relating or pertaining to juveniles  subject to the provisions of the Serious Habitual Offender Comprehensive  Action Program when that information is used to assist in the early  identification and treatment of habitual juvenile offenders.(11) The Clerk of the Circuit Court shall report to the Illinois   State  Police, in the form and manner required by the Illinois State Police, the  final disposition of each minor who has been arrested or taken into custody  before his or her 18th birthday for those offenses required to be reported  under Section 5 of the Criminal Identification Act.  Information reported to  the Department under this Section may be maintained with records that the  Department files under Section 2.1 of the Criminal Identification Act.(12) Information or records may be disclosed to the general public when the  court is conducting hearings under Section 5-805 or 5-810.(13) The changes made to this Section by Public Act 98-61 apply to juvenile court records of  a minor who has been arrested or taken into custody on or after January 1, 2014 (the effective date of Public Act 98-61). (Source: P.A. 102-538, eff. 8-20-21.)