Bill Text: IL HB2347 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Reinserts the provisions of the bill as amended by House Amendment No. 1. Further amends the Children and Family Services Act. Provides that the Illinois Juvenile Justice Commission shall study and make recommendations to the General Assembly regarding the impact and advisability of raising the minimum age of detention to 14, and develop a process to assist in the implementation of the provisions of the amendatory Act. Further amends the Juvenile Court Act of 1987. Provides that probation and court services shall document and share on a monthly basis with the Illinois Juvenile Justice Commission each instance where alternatives to detention failed or were lacking, including the basis for detention, the providers who were contacted, and the reason alternatives were rejected, lacking, or denied. Provides that instead of detention, minors under the age of 13 who are in conflict with the law may be held accountable through a petition under the Minors Requiring Authoritative Intervention Article of the Act, or may be held accountable through a community mediation program. Provides that on or after July 1, 2025, with the exception of minors age 12 years or older and charged with first degree murder, aggravated criminal sexual assault, aggravated battery in which a firearm was used in the offense, or aggravated vehicular hijacking, any minor 13 years of age or older arrested pursuant to the Act where there is probable cause to believe that the minor is a delinquent minor and that secure custody is a matter of immediate and urgent necessity in light of a serious threat to the physical safety of a person or persons in the community, or to secure the presence of the minor at the next hearing as evidenced by a demonstrable record of willful failure to appear at a scheduled court hearing within the past 12 months may be kept or detained in an authorized detention facility. Deletes the provisions raising the minimum age from 13 to 14 in which the minor may be committed to the Department of Juvenile Justice.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Engrossed) 2024-07-31 - Added as Alternate Co-Sponsor Sen. Mary Edly-Allen [HB2347 Detail]

Download: Illinois-2023-HB2347-Engrossed.html

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AN ACT concerning minors.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Children and Family Services Act is amended
by changing Section 17a-9 as follows:
(20 ILCS 505/17a-9) (from Ch. 23, par. 5017a-9)
Sec. 17a-9. Illinois Juvenile Justice Commission.
(a) There is hereby created the Illinois Juvenile Justice
Commission which shall consist of 25 persons appointed by the
Governor. The Chairperson of the Commission shall be appointed
by the Governor. Of the initial appointees, 8 shall serve a
one-year term, 8 shall serve a two-year term and 9 shall serve
a three-year term. Thereafter, each successor shall serve a
three-year term. Vacancies shall be filled in the same manner
as original appointments. Once appointed, members shall serve
until their successors are appointed and qualified. Members
shall serve without compensation, except they shall be
reimbursed for their actual expenses in the performance of
their duties. The Commission shall carry out the rights,
powers and duties established in subparagraph (3) of paragraph
(a) of Section 223 of the Federal "Juvenile Justice and
Delinquency Prevention Act of 1974", as now or hereafter
amended. The Commission shall determine the priorities for

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expenditure of funds made available to the State by the
Federal Government pursuant to that Act. The Commission shall
have the following powers and duties:
(1) Development, review and final approval of the
State's juvenile justice plan for funds under the Federal
"Juvenile Justice and Delinquency Prevention Act of 1974";
(2) Review and approve or disapprove juvenile justice
and delinquency prevention grant applications to the
Department for federal funds under that Act;
(3) Annual submission of recommendations to the
Governor and the General Assembly concerning matters
relative to its function;
(4) Responsibility for the review of funds allocated
to Illinois under the "Juvenile Justice and Delinquency
Prevention Act of 1974" to ensure compliance with all
relevant federal laws and regulations;
(5) Function as the advisory committee for the State
Youth and Community Services Program as authorized under
Section 17 of this Act, and in that capacity be authorized
and empowered to assist and advise the Secretary of Human
Services on matters related to juvenile justice and
delinquency prevention programs and services; and
(5.5) Study and make recommendations to the General
Assembly regarding the availability of youth services to
reduce the use of detention and prevent deeper criminal
involvement and regarding the impact and advisability of

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raising the minimum age of detention to 14, and develop a
process to assist in the implementation of the provisions
of this amendatory Act of the 103rd General Assembly; and
(6) Study the impact of, develop timelines, and
propose a funding structure to accommodate the expansion
of the jurisdiction of the Illinois Juvenile Court to
include youth age 17 under the jurisdiction of the
Juvenile Court Act of 1987. The Commission shall submit a
report by December 31, 2011 to the General Assembly with
recommendations on extending juvenile court jurisdiction
to youth age 17 charged with felony offenses.
(b) On the effective date of this amendatory Act of the
96th General Assembly, the Illinois Juvenile Jurisdiction Task
Force created by Public Act 95-1031 is abolished and its
duties are transferred to the Illinois Juvenile Justice
Commission as provided in paragraph (6) of subsection (a) of
this Section.
(Source: P.A. 96-1199, eff. 1-1-11.)
Section 10. The Juvenile Court Act of 1987 is amended by
changing Section 5-410 as follows:
(705 ILCS 405/5-410)
Sec. 5-410. Non-secure custody or detention.
(1) Placement of a minor away from his or her home must be
a last resort and the least restrictive alternative available.

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Any minor arrested or taken into custody pursuant to this Act
who requires care away from his or her home but who does not
require physical restriction shall be given temporary care in
a foster family home or other shelter facility designated by
the court.
(2)(a-1) (a) On or after July 1, 2024, any Any minor 12 10
years of age or older arrested pursuant to this Act where there
is probable cause to believe that the minor is a delinquent
minor and that (i) secure custody is a matter of immediate and
urgent necessity, in light of a serious threat to the physical
safety of a person or persons in the community or in order to
secure the presence of the minor at the next hearing, as
evidenced by a demonstrable record of willful failure to
appear at a scheduled court hearing within the past 12 months,
may be kept or detained in an authorized detention facility.
On or after July 1, 2025, with the exception of minors age 12
years or older and charged with first degree murder,
aggravated criminal sexual assault, aggravated battery in
which a firearm was used in the offense, or aggravated
vehicular hijacking, any minor 13 years of age or older
arrested pursuant to this Act where there is probable cause to
believe that the minor is a delinquent minor and that secure
custody is a matter of immediate and urgent necessity in light
of a serious threat to the physical safety of a person or
persons in the community, or to secure the presence of the
minor at the next hearing as evidenced by a demonstrable

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record of willful failure to appear at a scheduled court
hearing within the past 12 months may be kept or detained in an
authorized detention facility. for the protection of the minor
or of the person or property of another, (ii) the minor is
likely to flee the jurisdiction of the court, or (iii) the
minor was taken into custody under a warrant, may be kept or
detained in an authorized detention facility. A minor under 13
years of age shall not be admitted, kept, or detained in a
detention facility unless a local youth service provider,
including a provider through the Comprehensive Community Based
Youth Services network, has been contacted and has not been
able to accept the minor. No minor under 13 12 years of age
shall be detained in a county jail or a municipal lockup for
more than 6 hours.
(a-2) Probation and court services shall document and
share on a monthly basis with the Illinois Juvenile Justice
Commission each instance where alternatives to detention
failed or were lacking, including the basis for detention, the
providers who were contacted, and the reason alternatives were
rejected, lacking or denied.
(a-3) Instead of detention, minors under the age of 13 who
are in conflict with the law may be held accountable through a
petition under Article 3, Minors Requiring Authoritative
Intervention, or may be held accountable through a community
mediation program as set forth in Section 5-310.
(a-5) For a minor arrested or taken into custody for

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vehicular hijacking or aggravated vehicular hijacking, a
previous finding of delinquency for vehicular hijacking or
aggravated vehicular hijacking shall be given greater weight
in determining whether secured custody of a minor is a matter
of immediate and urgent necessity for the protection of the
minor or of the person or property of another.
(b) The written authorization of the probation officer or
detention officer (or other public officer designated by the
court in a county having 3,000,000 or more inhabitants)
constitutes authority for the superintendent of any juvenile
detention home to detain and keep a minor for up to 40 hours,
excluding Saturdays, Sundays, and court-designated holidays.
These records shall be available to the same persons and
pursuant to the same conditions as are law enforcement records
as provided in Section 5-905.
(b-4) The consultation required by paragraph (b-5) shall
not be applicable if the probation officer or detention
officer (or other public officer designated by the court in a
county having 3,000,000 or more inhabitants) utilizes a
scorable detention screening instrument, which has been
developed with input by the State's Attorney, to determine
whether a minor should be detained, however, paragraph (b-5)
shall still be applicable where no such screening instrument
is used or where the probation officer, detention officer (or
other public officer designated by the court in a county
having 3,000,000 or more inhabitants) deviates from the

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screening instrument.
(b-5) Subject to the provisions of paragraph (b-4), if a
probation officer or detention officer (or other public
officer designated by the court in a county having 3,000,000
or more inhabitants) does not intend to detain a minor for an
offense which constitutes one of the following offenses he or
she shall consult with the State's Attorney's Office prior to
the release of the minor: first degree murder, second degree
murder, involuntary manslaughter, criminal sexual assault,
aggravated criminal sexual assault, aggravated battery with a
firearm as described in Section 12-4.2 or subdivision (e)(1),
(e)(2), (e)(3), or (e)(4) of Section 12-3.05, aggravated or
heinous battery involving permanent disability or
disfigurement or great bodily harm, robbery, aggravated
robbery, armed robbery, vehicular hijacking, aggravated
vehicular hijacking, vehicular invasion, arson, aggravated
arson, kidnapping, aggravated kidnapping, home invasion,
burglary, or residential burglary.
(c) Except as otherwise provided in paragraph (a), (d), or
(e), no minor shall be detained in a county jail or municipal
lockup for more than 12 hours, unless the offense is a crime of
violence in which case the minor may be detained up to 24
hours. For the purpose of this paragraph, "crime of violence"
has the meaning ascribed to it in Section 1-10 of the
Alcoholism and Other Drug Abuse and Dependency Act.
(i) The period of detention is deemed to have begun

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once the minor has been placed in a locked room or cell or
handcuffed to a stationary object in a building housing a
county jail or municipal lockup. Time spent transporting a
minor is not considered to be time in detention or secure
custody.
(ii) Any minor so confined shall be under periodic
supervision and shall not be permitted to come into or
remain in contact with adults in custody in the building.
(iii) Upon placement in secure custody in a jail or
lockup, the minor shall be informed of the purpose of the
detention, the time it is expected to last and the fact
that it cannot exceed the time specified under this Act.
(iv) A log shall be kept which shows the offense which
is the basis for the detention, the reasons and
circumstances for the decision to detain, and the length
of time the minor was in detention.
(v) Violation of the time limit on detention in a
county jail or municipal lockup shall not, in and of
itself, render inadmissible evidence obtained as a result
of the violation of this time limit. Minors under 18 years
of age shall be kept separate from confined adults and may
not at any time be kept in the same cell, room, or yard
with adults confined pursuant to criminal law. Persons 18
years of age and older who have a petition of delinquency
filed against them may be confined in an adult detention
facility. In making a determination whether to confine a

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person 18 years of age or older who has a petition of
delinquency filed against the person, these factors, among
other matters, shall be considered:
(A) the age of the person;
(B) any previous delinquent or criminal history of
the person;
(C) any previous abuse or neglect history of the
person; and
(D) any mental health or educational history of
the person, or both.
(d) (i) If a minor 12 years of age or older is confined in
a county jail in a county with a population below 3,000,000
inhabitants, then the minor's confinement shall be implemented
in such a manner that there will be no contact by sight, sound,
or otherwise between the minor and adult prisoners. Minors 12
years of age or older must be kept separate from confined
adults and may not at any time be kept in the same cell, room,
or yard with confined adults. This paragraph (d)(i) shall only
apply to confinement pending an adjudicatory hearing and shall
not exceed 40 hours, excluding Saturdays, Sundays, and
court-designated holidays. To accept or hold minors during
this time period, county jails shall comply with all
monitoring standards adopted by the Department of Corrections
and training standards approved by the Illinois Law
Enforcement Training Standards Board.
(ii) To accept or hold minors, 12 years of age or older,

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after the time period prescribed in paragraph (d)(i) of this
subsection (2) of this Section but not exceeding 7 days
including Saturdays, Sundays, and holidays pending an
adjudicatory hearing, county jails shall comply with all
temporary detention standards adopted by the Department of
Corrections and training standards approved by the Illinois
Law Enforcement Training Standards Board.
(iii) To accept or hold minors 12 years of age or older,
after the time period prescribed in paragraphs (d)(i) and
(d)(ii) of this subsection (2) of this Section, county jails
shall comply with all county juvenile detention standards
adopted by the Department of Juvenile Justice.
(e) When a minor who is at least 15 years of age is
prosecuted under the criminal laws of this State, the court
may enter an order directing that the juvenile be confined in
the county jail. However, any juvenile confined in the county
jail under this provision shall be separated from adults who
are confined in the county jail in such a manner that there
will be no contact by sight, sound or otherwise between the
juvenile and adult prisoners.
(f) For purposes of appearing in a physical lineup, the
minor may be taken to a county jail or municipal lockup under
the direct and constant supervision of a juvenile police
officer. During such time as is necessary to conduct a lineup,
and while supervised by a juvenile police officer, the sight
and sound separation provisions shall not apply.

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(g) For purposes of processing a minor, the minor may be
taken to a county jail or municipal lockup under the direct and
constant supervision of a law enforcement officer or
correctional officer. During such time as is necessary to
process the minor, and while supervised by a law enforcement
officer or correctional officer, the sight and sound
separation provisions shall not apply.
(3) If the probation officer or State's Attorney (or such
other public officer designated by the court in a county
having 3,000,000 or more inhabitants) determines that the
minor may be a delinquent minor as described in subsection (3)
of Section 5-105, and should be retained in custody but does
not require physical restriction, the minor may be placed in
non-secure custody for up to 40 hours pending a detention
hearing.
(4) Any minor taken into temporary custody, not requiring
secure detention, may, however, be detained in the home of his
or her parent or guardian subject to such conditions as the
court may impose.
(5) The changes made to this Section by Public Act 98-61
apply to 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. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)