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Confidentiality of Juvenile Law Enforcement Records

Juvenile records shall be kept in accordance with the provisions of the Illinois Juvenile Court Act, 705 ILCS 405/1-7. Inspection and copying of law enforcement records maintained by the law enforcement agencies which relate to a minor who has been arrested or taken into custody prior to his/her 17th birthday shall be restricted to the following:

  • Any Local, State or Federal law enforcement officers of any jurisdiction or agency when necessary for discharge of their official duties during an investigation or prosecution of a crime or relating to a minor who has been adjudicated delinquent and there has been a previous finding that the act which constitutes the previous offense was committed in furtherance of criminal activities by a criminal street gang.

  • Prosecutors, probation officers, social workers, or other individuals assigned by the court to conduct a pre-adjudication or pre-disposition investigation, and individuals responsible for supervising or providing temporary or permanent care and custody for minors pursuant to the order of the juvenile court, when essential to performing their responsibilities.

  • Prosecutors and probation officers, adult and juvenile prisoner review boards.

  • Authorized Military personnel, persons engaged in bona fide research, with the permission of the presiding Judge of the Juvenile Court and the chief executive of the respective law enforcement agency; provided that publication of such research results in no disclosure of a minor's identification and protects the confidentiality of the minor's record.

  • Juvenile records, whether written or computerized, shall be kept separate and distinct of adult offender records.

  • Law enforcement officers may not disclose the identity of any minor in releasing information to the general public as to the arrest, investigation or disposition of any case involving a minor.

Important Definitions Relating to Juvenile Operations

 

  • Adult - A person 21 years of age or older
  • Minor - A person under 21 years of age
  • Juvenile - A person who has not yet reached his/her 17th birthday

Goals and Objectives of the Juvenile Operations for the Hawthorn Woods Police Department

 

The policy is written to comply with Chapter 705 Illinois Compiled Statutes 405, the Juvenile Court Act of 1987.

The primary goal of the Department's juvenile operations is to divert youths away from delinquency through a system of social service referrals, counseling and education. In those instances where formal court referral is indicated, the juvenile police officer(s) will be fair and impartial while being mindful that their official actions will take into account what is in the best interest of the youthful offender and the community as a whole.

The responsibility for participating in and/or supporting the Department's juvenile operations is shared by all department personnel.

 

The Peer Jury Program

This program operates under the auspices of the local police department which is designed to provide a meaningful and remedial method of dealing with selected juvenile (under age 17) offenders without reference to the Juvenile Court. It does not determine guilt or innocence. A case is only sent to the Peer Jury for hearing by a jury of six juveniles and an adult moderator when (1) the offender admits having committed the offense; (2) the responsible police officer determines that such a disposition is appropriate; and (3) the offender and his/her parent or guardian consent in writing to such a disposition and sign a Waiver of Liability and Confidentiality.

When these conditions are met, the offender and his/her parent or guardian are scheduled for a hearing before a Peer Jury panel in the police station at a definite date and time. At the hearing, a police officer reads the charges, states the possible sentence if the offense were committed by an adult, and summarize the facts of the case. The offender is then questioned by the members of the panel. The offender and his/her parent or guardian then withdraw while the jury deliberates and fixes and appropriate punishment. The sentence usually includes some form of individualized community service.

The offender and his/her parent or guardian are then recalled and informed of the sentence. Adjustments, if necessary, are made to allow for schedule conflicts and a completion date fixed. The offender is then given a written copy of the sentence and a date (usually 30 days later) for a discharge hearing.

The offender then performs the assigned tasks. The performance is monitored by the Peer Jury Coordinator who is available to the offender in case any problems arise and may contact the offender if necessary.

Upon completion of community service, a report on the offender's performance is forwarded to the Peer Jury Coordinator by the offender's supervisor for the service project and any other assigned projects are turned in to the coordinator.

At the discharge hearing the offender and his/her parent or guardian again appear. The panel, which may or may not be the sentencing panel, reviews the offender's performance and questions the offender about his/her experiences while performing the sentence. If satisfactory, the offender is discharged. If the performance is incomplete or unsatisfactory, the discharge hearing may be continued or the offender remanded to the juvenile officer for appropriate court proceedings.