Bill Text: IL HB0678 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Juvenile Court Act of 1987. Provides that an alleged juvenile delinquent must be brought before a judicial officer within 24 hours (rather than 40 hours) to determine further custody and that an initial detention hearing shall be no later than the morning after the juvenile arrived in placement, including weekends and holidays. Provides that if the juvenile is hospitalized or receiving treatment, the 24-hour period will not begin until the juvenile is released from the hospital or treatment center. Provides that if false information is given by the juvenile as to age, the 24-hour period will begin once it is determined that the juvenile is subject to the Act. Provides that the minor must be released from custody at the expiration of the 24-hour period if the minor is not brought before a judicial officer within that period. Provides that after the initial 24-hour period has lapsed, the court may review the minor's custodial status at any time prior to the trial or sentencing hearing.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2017-04-14 - Added Chief Co-Sponsor Rep. Rita Mayfield [HB0678 Detail]

Download: Illinois-2017-HB0678-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0678

Introduced , by Rep. Robyn Gabel

SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-415

Amends the Juvenile Court Act of 1987. Provides that an alleged juvenile delinquent must be brought before a judicial officer within 24 hours (rather than 40 hours) to determine further custody and that an initial detention hearing shall be no later than the morning after the juvenile arrived in placement, including weekends and holidays. Provides that if the juvenile is hospitalized or receiving treatment, the 24-hour period will not begin until the juvenile is released from the hospital or treatment center. Provides that if false information is given by the juvenile as to age, the 24-hour period will begin once it is determined that the juvenile is subject to the Act. Provides that the minor must be released from custody at the expiration of the 24-hour period if the minor is not brought before a judicial officer within that period. Provides that after the initial 24-hour period has lapsed, the court may review the minor's custodial status at any time prior to the trial or sentencing hearing.
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FISCAL NOTE ACT MAY APPLY
JUDICIAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning courts.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 5-415 as follows:
6 (705 ILCS 405/5-415)
7 Sec. 5-415. Setting of detention or shelter care hearing;
8release.
9 (1) Unless sooner released, a minor alleged to be a
10delinquent minor taken into temporary custody must be brought
11before a judicial officer within 24 40 hours for a detention or
12shelter care hearing to determine whether he or she shall be
13further held in custody. The initial detention hearing shall be
14held no later than the morning following the juvenile's
15placement in detention, including weekends and holidays. If a
16minor alleged to be a delinquent minor taken into custody is
17hospitalized or is receiving treatment for a physical or mental
18condition, and is unable to be brought before a judicial
19officer for a detention or shelter care hearing, the 24 40 hour
20period will not commence until the minor is released from the
21hospital or place of treatment. If the minor gives false
22information to law enforcement officials regarding the minor's
23identity or age, the 24 40 hour period will not commence until

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1the court rules that the minor is subject to this Act and not
2subject to prosecution under the Criminal Code of 1961 or the
3Criminal Code of 2012. Any other delay attributable to a minor
4alleged to be a delinquent minor who is taken into temporary
5custody shall act to toll the 24 40 hour time period. The 24 40
6hour time period shall be tolled to allow counsel for the minor
7to prepare for the detention or shelter care hearing, upon a
8motion filed by such counsel and granted by the court. In all
9cases, the 40 hour time period is exclusive of Saturdays,
10Sundays and court-designated holidays.
11 (2) If the State's Attorney or probation officer (or other
12public officer designated by the court in a county having more
13than 3,000,000 inhabitants) determines that the minor should be
14retained in custody, he or she shall cause a petition to be
15filed as provided in Section 5-520 of this Article, and the
16clerk of the court shall set the matter for hearing on the
17detention or shelter care hearing calendar. Immediately upon
18the filing of a petition in the case of a minor retained in
19custody, the court shall cause counsel to be appointed to
20represent the minor. When a parent, legal guardian, custodian,
21or responsible relative is present and so requests, the
22detention or shelter care hearing shall be held immediately if
23the court is in session and the State is ready to proceed,
24otherwise at the earliest feasible time. In no event shall a
25detention or shelter care hearing be held until the minor has
26had adequate opportunity to consult with counsel. The probation

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1officer or such other public officer designated by the court in
2a county having more than 3,000,000 inhabitants shall notify
3the minor's parent, legal guardian, custodian, or responsible
4relative of the time and place of the hearing. The notice may
5be given orally.
6 (3) The minor must be released from custody at the
7expiration of the 24 40 hour period specified by this Section
8if not brought before a judicial officer within that period.
9 (4) After the initial 24 40 hour period has lapsed, the
10court may review the minor's custodial status at any time prior
11to the trial or sentencing hearing. If during this time period
12new or additional information becomes available concerning the
13minor's conduct, the court may conduct a hearing to determine
14whether the minor should be placed in a detention or shelter
15care facility. If the court finds that there is probable cause
16that the minor is a delinquent minor and that it is a matter of
17immediate and urgent necessity for the protection of the minor
18or of the person or property of another, or that he or she is
19likely to flee the jurisdiction of the court, the court may
20order that the minor be placed in detention or shelter care.
21(Source: P.A. 97-1150, eff. 1-25-13.)
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