705 ILCS 405/5-601
2021 Illinois Compiled Statutes|Chapter 705 - COURTS|705 ILCS 405/ - Juvenile Court Act of 1987.|Article V - Delinquent Minors

Sec. 5-601. Trial.(1) When a petition has been filed alleging that the minor is a  delinquent, a trial  must be held within 120 days of a written demand for such hearing made by any  party,  except that when the State, without success, has exercised due diligence to  obtain evidence material to the case and there are reasonable grounds to  believe that the evidence may be obtained at a later date, the court may, upon  motion by the State, continue the trial for not more than 30 additional days.(2) If a minor respondent has multiple delinquency petitions pending  against him or her in the same county and simultaneously demands a trial upon  more than  one delinquency petition pending against him or her in the same county, he or  she shall  receive a trial or have a finding, after waiver of trial, upon at least one  such petition before expiration relative to any of the pending  petitions of the period described by this Section.  All remaining petitions  thus pending against the minor respondent shall be adjudicated within 160 days  from the date on which a finding relative to the first petition prosecuted  is rendered under Section 5-620 of this Article, or, if the trial upon the  first petition is terminated without a finding and there is no subsequent  trial, or adjudication after waiver of trial, on the first petition within a  reasonable time, the minor shall receive a trial upon all of the remaining  petitions within 160 days from the date on which the trial, or finding after  waiver of trial, on the first petition is concluded.  If either such period of  160 days expires without the commencement of trial, or adjudication after  waiver of trial, of any of the remaining pending petitions, the petition or  petitions shall  be dismissed and barred for want of prosecution unless the delay is occasioned  by any of the reasons described in this Section.(3) When no such trial is held within the time required by subsections (1)  and (2) of this Section, the court shall, upon motion by any party, dismiss the  petition with prejudice.(4) Without affecting the applicability of the tolling and multiple  prosecution provisions of subsections (8) and (2) of this Section when a  petition has been filed alleging that the minor is a delinquent and the minor  is in detention or shelter care, the trial shall be held within 30 calendar  days after the date of the order directing detention or shelter care, or the  earliest possible date in compliance with the provisions of Section 5-525 as to  the custodial  parent, guardian or legal custodian, but no later than 45 calendar days from  the date of the order of the court directing detention or shelter care.  When  the petition alleges the minor has committed an offense involving a controlled  substance as defined in the Illinois Controlled Substances Act or methamphetamine as defined in the Methamphetamine Control and Community Protection Act, the court may,  upon motion of the State, continue the trial  for receipt of a confirmatory laboratory report for up to 45 days after the  date of the order directing detention or shelter care.  When the petition  alleges the minor committed an offense that involves the death of, great bodily  harm to or sexual assault or aggravated criminal sexual abuse on a victim, the  court may, upon motion of the State, continue the trial for not more than 70  calendar days after the date of the order directing detention or shelter  care.Any failure to comply with the time limits of this Section shall require the  immediate release of the minor from detention, and the time limits set forth in  subsections (1) and (2) shall apply.(5) If the court determines that the State, without success, has exercised  due diligence to obtain the results of DNA testing that is material to the  case, and that there are reasonable grounds to believe that the results may be  obtained at a later date, the court may  continue the cause on application of the State for not more than 120 additional  days.  The court may also extend the period of detention of the minor for not  more than 120 additional days.(6) If the State's Attorney makes a written request that a proceeding  be designated an extended juvenile jurisdiction prosecution, and the minor is  in detention, the period the minor can be held in detention pursuant to  subsection (4),  shall be extended an additional 30 days after the court determines whether the  proceeding will be designated an extended juvenile jurisdiction prosecution or  the State's Attorney withdraws the request for extended juvenile jurisdiction  prosecution.(7) When the State's Attorney files a motion for waiver of jurisdiction  pursuant to  Section 5-805, and the minor is in detention, the period the minor can be held  in  detention pursuant to subsection (4), shall be extended an additional 30 days  if the  court denies motion for waiver of jurisdiction or the State's Attorney  withdraws the motion for waiver of jurisdiction.(8) The period in which a trial shall be held as prescribed by subsections  (1), (2), (3), (4), (5), (6), or (7) of this Section is tolled by: (i) delay  occasioned  by the minor; (ii) a continuance allowed pursuant to Section 114-4 of the Code  of Criminal Procedure of 1963 after the court's determination of the minor's  incapacity for trial; (iii) an interlocutory appeal;  (iv) an examination of fitness ordered pursuant to Section 104-13 of the Code  of Criminal  Procedure of 1963; (v) a fitness hearing; or (vi) an adjudication of unfitness  for trial.  Any such delay shall temporarily suspend, for the time of the  delay, the period within which a trial must be held as prescribed by  subsections (1), (2), (4), (5), and (6) of this Section.  On the day of  expiration of the delays the period shall continue at the point at which  the time was suspended.(9) Nothing in this Section prevents the minor or the minor's parents,  guardian  or legal custodian from exercising their respective rights to waive the time  limits set forth in this Section.       (Source: P.A. 94-556, eff. 9-11-05.)