Bill Text: IL HB4334 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Juvenile Court Act of 1987. Provides that if a minor is taken into custody for an offense which would be a forcible felony if committed by an adult, the minor may be detained in a secure detention facility until the court makes a finding concerning the minor's detention or release at the detention or shelter care hearing.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4334 Detail]
Download: Illinois-2019-HB4334-Introduced.html
| ||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||
1 | AN ACT concerning courts.
| |||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||||
4 | Section 5. The Juvenile Court Act of 1987 is amended by | |||||||||||||||||||||||||||
5 | changing Sections 5-405, 5-407, 5-410, 5-415, and 5-501 as | |||||||||||||||||||||||||||
6 | follows:
| |||||||||||||||||||||||||||
7 | (705 ILCS 405/5-405)
| |||||||||||||||||||||||||||
8 | Sec. 5-405. Duty of officer; admissions by minor.
| |||||||||||||||||||||||||||
9 | (1) A law enforcement officer who arrests a minor with a | |||||||||||||||||||||||||||
10 | warrant shall
immediately make a reasonable attempt to notify | |||||||||||||||||||||||||||
11 | the parent or other person
legally responsible for the minor's | |||||||||||||||||||||||||||
12 | care or the person with whom the minor
resides that the minor | |||||||||||||||||||||||||||
13 | has been arrested and where he or she is being
held. The minor | |||||||||||||||||||||||||||
14 | shall be delivered without unnecessary delay to the court or
to | |||||||||||||||||||||||||||
15 | the place designated by rule or order of court for the | |||||||||||||||||||||||||||
16 | reception of minors.
| |||||||||||||||||||||||||||
17 | (2) A law enforcement officer who arrests a minor without a | |||||||||||||||||||||||||||
18 | warrant under
Section 5-401
shall, if the minor is not | |||||||||||||||||||||||||||
19 | released, immediately make a reasonable attempt to
notify the | |||||||||||||||||||||||||||
20 | parent or other person legally responsible for the minor's care | |||||||||||||||||||||||||||
21 | or
the person with whom the minor resides that the minor has | |||||||||||||||||||||||||||
22 | been
arrested and where the minor is being held; and the law | |||||||||||||||||||||||||||
23 | enforcement officer
shall without unnecessary delay take the |
| |||||||
| |||||||
1 | minor to the nearest juvenile police
officer designated for | ||||||
2 | these purposes in the county of venue or shall surrender
the | ||||||
3 | minor to a juvenile police officer in the city or village where | ||||||
4 | the offense
is alleged to have been committed. If a minor is | ||||||
5 | taken into custody for an
offense which would be a forcible | ||||||
6 | felony, as defined in Section 2-8 of the Criminal Code of 2012, | ||||||
7 | if committed by an adult, the minor may be detained in a secure | ||||||
8 | detention facility until the court makes a finding concerning | ||||||
9 | the minor's detention or release at the detention or shelter | ||||||
10 | care hearing under Section 5-501. If a minor is taken into | ||||||
11 | custody for an
offense which would be a misdemeanor if | ||||||
12 | committed by an adult, the law
enforcement officer, upon | ||||||
13 | determining
the true identity of the
minor, may release the | ||||||
14 | minor to the parent or other person legally responsible
for the | ||||||
15 | minor's care or the person with whom the minor resides.
If a | ||||||
16 | minor is so released, the law enforcement officer shall
| ||||||
17 | promptly notify a juvenile police officer of the circumstances | ||||||
18 | of the custody
and release.
| ||||||
19 | (3) The juvenile police officer may take one of the | ||||||
20 | following actions:
| ||||||
21 | (a) station adjustment and
release of the minor;
| ||||||
22 | (b) release the minor to his or her parents and refer | ||||||
23 | the case to
Juvenile Court;
| ||||||
24 | (c) if the juvenile police officer reasonably believes | ||||||
25 | that there is an
urgent and immediate necessity to keep the | ||||||
26 | minor in custody, the juvenile
police officer shall deliver |
| |||||||
| |||||||
1 | the minor without unnecessary delay to the court
or to the | ||||||
2 | place designated by rule or order of court for the | ||||||
3 | reception of
minors;
| ||||||
4 | (d) any other appropriate action with consent of the | ||||||
5 | minor or a parent.
| ||||||
6 | (4) The factors to be considered in determining whether to | ||||||
7 | release or keep
a minor in custody shall include:
| ||||||
8 | (a) the nature of the allegations against the minor;
| ||||||
9 | (b) the minor's history and present situation;
| ||||||
10 | (c) the history of the minor's family and the family's | ||||||
11 | present situation;
| ||||||
12 | (d) the educational and employment status of the minor;
| ||||||
13 | (e) the availability of special resource or community | ||||||
14 | services to aid or
counsel the minor;
| ||||||
15 | (f) the minor's past involvement with and progress in | ||||||
16 | social programs;
| ||||||
17 | (g) the attitude of complainant and community toward | ||||||
18 | the minor; and
| ||||||
19 | (h) the present attitude of the minor and family.
| ||||||
20 | (5) The records of law enforcement officers concerning all | ||||||
21 | minors taken
into custody
under this Act shall be maintained | ||||||
22 | separate from the records of arrests of
adults and may not be | ||||||
23 | inspected by or disclosed to the public except pursuant
to | ||||||
24 | Section 5-901 and Section 5-905.
| ||||||
25 | (Source: P.A. 90-590, eff. 1-1-99.)
|
| |||||||
| |||||||
1 | (705 ILCS 405/5-407)
| ||||||
2 | Sec. 5-407. Processing of juvenile in possession of a | ||||||
3 | firearm.
| ||||||
4 | (a) If a law enforcement officer detains a minor pursuant | ||||||
5 | to Section
10-27.1A of the
School Code, the officer shall | ||||||
6 | deliver the minor to the nearest juvenile
officer, in the | ||||||
7 | manner
prescribed by subsection (2) of Section 5-405 of this | ||||||
8 | Act. The juvenile
officer shall deliver the
minor without | ||||||
9 | unnecessary delay to the court or to the place designated by | ||||||
10 | rule
or order of court
for the reception of minors. In no event | ||||||
11 | shall the minor be eligible for any
other disposition by
the | ||||||
12 | juvenile police officer, notwithstanding the provisions of | ||||||
13 | subsection (3)
of Section 5-405 of
this Act.
| ||||||
14 | (b) Except as otherwise provided in subsection (2) of | ||||||
15 | Section 5-405, minors Minors shall be brought before a judicial | ||||||
16 | officer within
40 hours,
exclusive of Saturdays,
Sundays, and | ||||||
17 | court-designated holidays, for a detention hearing to | ||||||
18 | determine
whether he or she
shall be further held in custody. | ||||||
19 | If the court finds that there is probable
cause to believe that | ||||||
20 | the
minor is a delinquent minor by virtue of his or her | ||||||
21 | violation of item (4) of
subsection (a) of
Section 24-1 of the | ||||||
22 | Criminal Code of 1961 or the Criminal Code of 2012
while on | ||||||
23 | school grounds, that finding shall create a presumption that | ||||||
24 | immediate
and urgent necessity exists under
subdivision (2) of | ||||||
25 | Section 5-501 of this Act. Once the presumption of
immediate | ||||||
26 | and urgent necessity has been raised, the burden of |
| |||||||
| |||||||
1 | demonstrating the
lack of immediate and urgent necessity shall | ||||||
2 | be on any party that is opposing
detention for the minor. | ||||||
3 | Should the court order detention pursuant to this
Section, the | ||||||
4 | minor
shall be detained, pending the results of a court-ordered
| ||||||
5 | psychological
evaluation to determine if the minor is a risk to | ||||||
6 | himself, herself, or others.
Upon receipt of the
psychological | ||||||
7 | evaluation, the court shall review the determination regarding
| ||||||
8 | the existence of
urgent and immediate necessity. The court | ||||||
9 | shall consider the psychological
evaluation in
conjunction | ||||||
10 | with the other factors identified in subdivision (2) of Section
| ||||||
11 | 5-501 of this Act in
order to make a de novo determination | ||||||
12 | regarding whether it is a matter of
immediate and urgent
| ||||||
13 | necessity for the protection of the minor or of the person or | ||||||
14 | property of
another that the minor be
detained or placed in a | ||||||
15 | shelter care facility. In addition to the pre-trial
conditions | ||||||
16 | found in
Section 5-505 of this Act, the court may order the | ||||||
17 | minor to receive counseling
and any other
services recommended | ||||||
18 | by the psychological evaluation as a condition for release
of | ||||||
19 | the minor.
| ||||||
20 | (c) Upon making a determination that the student presents a | ||||||
21 | risk to himself,
herself, or
others, the court shall issue an | ||||||
22 | order restraining the student from entering
the property of the
| ||||||
23 | school if he or she has been suspended or expelled from the | ||||||
24 | school as a result
of possessing a
firearm. The order shall | ||||||
25 | restrain the student from entering the school and
school
owned | ||||||
26 | or leased
property, including any conveyance owned, leased, or |
| |||||||
| |||||||
1 | contracted by the school
to transport
students to or from | ||||||
2 | school or a school-related activity. The order shall
remain in | ||||||
3 | effect until such
time as the court determines that the student | ||||||
4 | no longer presents a risk to
himself, herself, or
others.
| ||||||
5 | (d) Psychological evaluations ordered pursuant to | ||||||
6 | subsection (b) of this
Section and
statements made by the minor | ||||||
7 | during the course of these evaluations, shall not
be admissible | ||||||
8 | on
the issue of delinquency during the course of any | ||||||
9 | adjudicatory hearing held
under this Act.
| ||||||
10 | (e) In this Section:
| ||||||
11 | "School" means any public or
private
elementary or | ||||||
12 | secondary school.
| ||||||
13 | "School grounds" includes the real
property comprising
any | ||||||
14 | school, any conveyance owned, leased, or contracted by a school | ||||||
15 | to
transport students to or
from school or a school-related | ||||||
16 | activity, or any public way within 1,000
feet of the real
| ||||||
17 | property comprising any school.
| ||||||
18 | (Source: P.A. 99-258, eff. 1-1-16 .)
| ||||||
19 | (705 ILCS 405/5-410)
| ||||||
20 | Sec. 5-410. Non-secure custody or detention.
| ||||||
21 | (1) Any minor arrested or taken into custody pursuant to | ||||||
22 | this Act who
requires care away from his or her home but who | ||||||
23 | does not require physical
restriction shall be given temporary | ||||||
24 | care in a foster family home or other
shelter facility | ||||||
25 | designated by the court.
|
| |||||||
| |||||||
1 | (2) (a) Any minor 10 years of age or older arrested
| ||||||
2 | pursuant to this Act where there is probable cause to believe | ||||||
3 | that the minor
is a delinquent minor and that
(i) secure | ||||||
4 | custody is a matter of immediate and urgent necessity for the
| ||||||
5 | protection of the minor or of the person or property of | ||||||
6 | another, (ii) the minor
is likely to flee the jurisdiction of | ||||||
7 | the court, or (iii) the minor was taken
into custody under a | ||||||
8 | warrant, may be kept or detained in an authorized
detention | ||||||
9 | facility. A minor under 13 years of age shall not be admitted, | ||||||
10 | kept, or detained in a detention facility unless a local youth | ||||||
11 | service provider, including a provider through the | ||||||
12 | Comprehensive Community Based Youth Services network, has been | ||||||
13 | contacted and has not been able to accept the minor. No minor | ||||||
14 | under 12 years of age shall be detained in a
county jail or a | ||||||
15 | municipal lockup for more than 6 hours.
| ||||||
16 | (a-5) For a minor arrested or taken into custody for | ||||||
17 | vehicular hijacking or aggravated vehicular hijacking, a | ||||||
18 | previous finding of delinquency for vehicular hijacking or | ||||||
19 | aggravated vehicular hijacking shall be given greater weight in | ||||||
20 | determining whether secured custody of a minor is a matter of | ||||||
21 | immediate and urgent necessity for the protection of the minor | ||||||
22 | or of the person or property of another. | ||||||
23 | (b) Except as otherwise provided in subsection (2) of | ||||||
24 | Section 5-405, the The written authorization of the probation | ||||||
25 | officer or detention officer
(or other public officer | ||||||
26 | designated by the court in a county having
3,000,000 or more |
| |||||||
| |||||||
1 | inhabitants) constitutes authority for the superintendent of
| ||||||
2 | any juvenile detention home to detain and keep a minor for up | ||||||
3 | to 40 hours,
excluding Saturdays, Sundays, and | ||||||
4 | court-designated holidays. These
records shall be available to | ||||||
5 | the same persons and pursuant to the same
conditions as are law | ||||||
6 | enforcement records as provided in Section 5-905.
| ||||||
7 | (b-4) The consultation required by paragraph (b-5) shall | ||||||
8 | not be applicable
if the probation officer or detention officer | ||||||
9 | (or other public officer
designated
by the court in a
county | ||||||
10 | having 3,000,000 or more inhabitants) utilizes a scorable | ||||||
11 | detention
screening instrument, which has been developed with | ||||||
12 | input by the State's
Attorney, to
determine whether a minor | ||||||
13 | should be detained, however, paragraph (b-5) shall
still be | ||||||
14 | applicable where no such screening instrument is used or where | ||||||
15 | the
probation officer, detention officer (or other public | ||||||
16 | officer designated by the
court in a county
having 3,000,000 or | ||||||
17 | more inhabitants) deviates from the screening instrument.
| ||||||
18 | (b-5) Subject to the provisions of paragraph (b-4), if a | ||||||
19 | probation officer
or detention officer
(or other public officer | ||||||
20 | designated by
the court in a county having 3,000,000 or more | ||||||
21 | inhabitants) does not intend to
detain a minor for an offense | ||||||
22 | which constitutes one of the following offenses
he or she shall | ||||||
23 | consult with the State's Attorney's Office prior to the release
| ||||||
24 | of the minor: first degree murder, second degree murder, | ||||||
25 | involuntary
manslaughter, criminal sexual assault, aggravated | ||||||
26 | criminal sexual assault,
aggravated battery with a firearm as |
| |||||||
| |||||||
1 | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | ||||||
2 | (e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous | ||||||
3 | battery involving
permanent disability or disfigurement or | ||||||
4 | great bodily harm, robbery, aggravated
robbery, armed robbery, | ||||||
5 | vehicular hijacking, aggravated vehicular hijacking,
vehicular | ||||||
6 | invasion, arson, aggravated arson, kidnapping, aggravated | ||||||
7 | kidnapping,
home invasion, burglary, or residential burglary.
| ||||||
8 | (c) Except as otherwise provided in paragraph (a), (d), or | ||||||
9 | (e), no minor
shall
be detained in a county jail or municipal | ||||||
10 | lockup for more than 12 hours, unless
the offense is a crime of | ||||||
11 | violence in which case the minor may be detained up
to 24 | ||||||
12 | hours. For the purpose of this paragraph, "crime of violence" | ||||||
13 | has the
meaning
ascribed to it in Section 1-10 of the | ||||||
14 | Alcoholism and Other Drug Abuse and
Dependency Act.
| ||||||
15 | (i) The
period of detention is deemed to have begun | ||||||
16 | once the minor has been placed in a
locked room or cell or | ||||||
17 | handcuffed to a stationary object in a building housing
a | ||||||
18 | county jail or municipal lockup. Time spent transporting a | ||||||
19 | minor is not
considered to be time in detention or secure | ||||||
20 | custody.
| ||||||
21 | (ii) Any minor so
confined shall be under periodic | ||||||
22 | supervision and shall not be permitted to come
into or | ||||||
23 | remain in contact with adults in custody in the building.
| ||||||
24 | (iii) Upon
placement in secure custody in a jail or | ||||||
25 | lockup, the
minor shall be informed of the purpose of the | ||||||
26 | detention, the time it is
expected to last and the fact |
| |||||||
| |||||||
1 | that it cannot exceed the time specified under
this Act.
| ||||||
2 | (iv) A log shall
be kept which shows the offense which | ||||||
3 | is the basis for the detention, the
reasons and | ||||||
4 | circumstances for the decision to detain, and the length of | ||||||
5 | time the
minor was in detention.
| ||||||
6 | (v) Violation of the time limit on detention
in a | ||||||
7 | county jail or municipal lockup shall not, in and of | ||||||
8 | itself, render
inadmissible evidence obtained as a result | ||||||
9 | of the violation of this
time limit. Minors under 18 years | ||||||
10 | of age shall be kept separate from confined
adults and may | ||||||
11 | not at any time be kept in the same cell, room, or yard | ||||||
12 | with
adults confined pursuant to criminal law. Persons 18 | ||||||
13 | years of age and older
who have a petition of delinquency | ||||||
14 | filed against them may be
confined in an
adult detention | ||||||
15 | facility.
In making a determination whether to confine a | ||||||
16 | person 18 years of age or
older
who has a petition of | ||||||
17 | delinquency filed against the person, these factors,
among | ||||||
18 | other matters, shall be considered:
| ||||||
19 | (A) the age of the person;
| ||||||
20 | (B) any previous delinquent or criminal history of | ||||||
21 | the person;
| ||||||
22 | (C) any previous abuse or neglect history of the | ||||||
23 | person; and
| ||||||
24 | (D) any mental health or educational history of the | ||||||
25 | person, or both.
| ||||||
26 | (d) (i) If a minor 12 years of age or older is confined in a |
| |||||||
| |||||||
1 | county jail
in a
county with a population below 3,000,000 | ||||||
2 | inhabitants, then the minor's
confinement shall be implemented | ||||||
3 | in such a manner that there will be no contact
by sight, sound, | ||||||
4 | or otherwise between the minor and adult prisoners. Minors
12 | ||||||
5 | years of age or older must be kept separate from confined | ||||||
6 | adults and may not
at any time
be kept in the same cell, room, | ||||||
7 | or yard with confined adults. This paragraph
(d)(i) shall only | ||||||
8 | apply to confinement pending an adjudicatory hearing and , | ||||||
9 | except as otherwise provided in subsection (2) of Section | ||||||
10 | 5-405,
shall not exceed 40 hours, excluding Saturdays, Sundays, | ||||||
11 | and court-designated
holidays. To accept or hold minors during | ||||||
12 | this time period, county jails shall
comply with all monitoring | ||||||
13 | standards adopted by the Department of
Corrections and training | ||||||
14 | standards approved by the Illinois Law Enforcement
Training | ||||||
15 | Standards Board.
| ||||||
16 | (ii) To accept or hold minors, 12 years of age or older, | ||||||
17 | after the time
period
prescribed in paragraph (d)(i) of this | ||||||
18 | subsection (2) of this Section but not
exceeding 7 days | ||||||
19 | including Saturdays, Sundays, and holidays pending an
| ||||||
20 | adjudicatory hearing, county jails shall comply with all | ||||||
21 | temporary detention
standards adopted by the Department of | ||||||
22 | Corrections and training standards
approved by the Illinois Law | ||||||
23 | Enforcement Training Standards Board.
| ||||||
24 | (iii) To accept or hold minors 12 years of age or older, | ||||||
25 | after the time
period prescribed in paragraphs (d)(i) and | ||||||
26 | (d)(ii) of this subsection (2) of
this
Section, county jails |
| |||||||
| |||||||
1 | shall comply with all county juvenile detention standards | ||||||
2 | adopted by the Department of Juvenile Justice.
| ||||||
3 | (e) When a minor who is at least 15 years of age is | ||||||
4 | prosecuted under the
criminal laws of this State,
the court may | ||||||
5 | enter an order directing that the juvenile be confined
in the | ||||||
6 | county jail. However, any juvenile confined in the county jail | ||||||
7 | under
this provision shall be separated from adults who are | ||||||
8 | confined in the county
jail in such a manner that there will be | ||||||
9 | no contact by sight, sound or
otherwise between the juvenile | ||||||
10 | and adult prisoners.
| ||||||
11 | (f) For purposes of appearing in a physical lineup, the | ||||||
12 | minor may be taken
to a county jail or municipal lockup under | ||||||
13 | the direct and constant supervision
of a juvenile police | ||||||
14 | officer. During such time as is necessary to conduct a
lineup, | ||||||
15 | and while supervised by a juvenile police officer, the sight | ||||||
16 | and sound
separation provisions shall not apply.
| ||||||
17 | (g) For purposes of processing a minor, the minor may be | ||||||
18 | taken to a county jail or municipal lockup under the direct and | ||||||
19 | constant supervision of a law
enforcement officer or | ||||||
20 | correctional officer. During such time as is necessary
to | ||||||
21 | process the minor, and while supervised by a law enforcement | ||||||
22 | officer or
correctional officer, the sight and sound separation | ||||||
23 | provisions shall not
apply.
| ||||||
24 | (3) Except as otherwise provided in subsection (2) of | ||||||
25 | Section 5-405, if If the probation officer or State's Attorney | ||||||
26 | (or such other public
officer designated by the court in a |
| |||||||
| |||||||
1 | county having 3,000,000 or more
inhabitants) determines that | ||||||
2 | the minor may be a delinquent minor as described
in subsection | ||||||
3 | (3) of Section 5-105, and should be retained in custody but | ||||||
4 | does
not require
physical restriction, the minor may be placed | ||||||
5 | in non-secure custody for up to
40 hours pending a detention | ||||||
6 | hearing.
| ||||||
7 | (4) Any minor taken into temporary custody, not requiring | ||||||
8 | secure
detention, may, however, be detained in the home of his | ||||||
9 | or her parent or
guardian subject to such conditions as the | ||||||
10 | court may impose.
| ||||||
11 | (5) The changes made to this Section by Public Act 98-61 | ||||||
12 | apply to a minor who has been arrested or taken into custody on | ||||||
13 | or after January 1, 2014 (the effective date of Public Act | ||||||
14 | 98-61). | ||||||
15 | (Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)
| ||||||
16 | (705 ILCS 405/5-415)
| ||||||
17 | Sec. 5-415. Setting of detention or shelter care hearing; | ||||||
18 | release.
| ||||||
19 | (1) Except as otherwise provided in subsection (2) of | ||||||
20 | Section 5-405, unless Unless sooner released, a minor alleged | ||||||
21 | to be a delinquent minor taken
into temporary custody must be | ||||||
22 | brought before a judicial officer within 40
hours for a | ||||||
23 | detention or shelter care hearing to determine whether he or | ||||||
24 | she
shall be
further held in custody. If a minor alleged to be | ||||||
25 | a delinquent minor taken into
custody is hospitalized or is |
| |||||||
| |||||||
1 | receiving treatment for a physical or mental
condition, and is | ||||||
2 | unable to be brought before a judicial officer for a
detention | ||||||
3 | or shelter care hearing, the 40 hour period will not commence | ||||||
4 | until
the minor is released from the hospital or place of | ||||||
5 | treatment. If the minor
gives false information to law | ||||||
6 | enforcement officials regarding the minor's
identity or age, | ||||||
7 | the 40 hour period will not commence until the court rules
that | ||||||
8 | the minor is subject to this Act and not subject to prosecution | ||||||
9 | under the
Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
10 | Any
other delay attributable to a minor alleged to be a | ||||||
11 | delinquent minor who is
taken into temporary custody shall act | ||||||
12 | to toll the 40 hour time period. The 40 hour time period shall | ||||||
13 | be tolled to allow counsel for the minor to prepare for the | ||||||
14 | detention or shelter care hearing, upon a motion filed by such | ||||||
15 | counsel and granted by the court. In all
cases, the 40 hour | ||||||
16 | time period is exclusive of Saturdays, Sundays and
| ||||||
17 | court-designated holidays.
| ||||||
18 | (2) If the State's Attorney or probation officer (or other | ||||||
19 | public
officer designated by the court in a county having more | ||||||
20 | than 3,000,000
inhabitants) determines that the minor should be | ||||||
21 | retained in custody, he or she
shall
cause a petition to be | ||||||
22 | filed as provided in Section 5-520 of this Article, and
the | ||||||
23 | clerk of the court shall set the matter for hearing on the | ||||||
24 | detention or
shelter care hearing calendar. Immediately upon | ||||||
25 | the filing of a petition in the case of a minor retained in | ||||||
26 | custody, the court shall cause counsel to be appointed to |
| |||||||
| |||||||
1 | represent the minor. When a parent, legal guardian, custodian, | ||||||
2 | or
responsible relative is present and so requests, the | ||||||
3 | detention or shelter care
hearing shall be held immediately if | ||||||
4 | the court is in session
and the State is ready to proceed, | ||||||
5 | otherwise at the earliest feasible time.
In no event shall a | ||||||
6 | detention or shelter care hearing be held until the minor has | ||||||
7 | had adequate opportunity to consult with counsel. The probation | ||||||
8 | officer or such other public officer designated by the court in | ||||||
9 | a
county having more than 3,000,000 inhabitants shall notify | ||||||
10 | the minor's parent,
legal guardian, custodian, or responsible | ||||||
11 | relative of the time and place of the
hearing. The notice may | ||||||
12 | be given orally.
| ||||||
13 | (3) Except as otherwise provided in subsection (2) of | ||||||
14 | Section 5-405, the The minor must be released from custody at | ||||||
15 | the expiration of the 40
hour period specified by this Section | ||||||
16 | if not brought before a judicial officer
within that period.
| ||||||
17 | (4) Except as otherwise provided in subsection (2) of | ||||||
18 | Section 5-405, after After the initial 40 hour period has | ||||||
19 | lapsed, the court may review the
minor's custodial status at | ||||||
20 | any time prior to the trial or sentencing
hearing. If during | ||||||
21 | this time period new or additional information becomes
| ||||||
22 | available concerning the minor's conduct, the court may conduct | ||||||
23 | a hearing to
determine whether the minor should be placed in a | ||||||
24 | detention or shelter care
facility. If the court finds that | ||||||
25 | there is probable cause that the minor is a
delinquent minor | ||||||
26 | and that it is a matter of immediate and urgent necessity for
|
| |||||||
| |||||||
1 | the protection of the minor or of the person or property of | ||||||
2 | another, or that he
or she is likely to flee the jurisdiction | ||||||
3 | of the court, the court may order
that the minor be placed in | ||||||
4 | detention or shelter care.
| ||||||
5 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
6 | (705 ILCS 405/5-501)
| ||||||
7 | Sec. 5-501. Detention or shelter care hearing. At the | ||||||
8 | appearance of the minor before the court at the detention or | ||||||
9 | shelter
care hearing,
the court shall receive all relevant | ||||||
10 | information and evidence, including
affidavits concerning the | ||||||
11 | allegations made in the petition. Evidence used by
the court in | ||||||
12 | its findings or stated in or offered in connection with this
| ||||||
13 | Section may be by way of proffer based on reliable information | ||||||
14 | offered by the
State or minor. All evidence shall be admissible | ||||||
15 | if it is relevant and
reliable regardless of whether it would | ||||||
16 | be admissible under the rules of
evidence applicable at a | ||||||
17 | trial. No hearing may be held unless the minor is
represented | ||||||
18 | by counsel and no hearing shall be held until the minor has had | ||||||
19 | adequate opportunity to consult with counsel.
| ||||||
20 | (1) If the court finds that there is not probable cause to | ||||||
21 | believe that the
minor is a delinquent minor it shall release | ||||||
22 | the minor and dismiss the
petition.
| ||||||
23 | (2) If the court finds that there is probable cause to | ||||||
24 | believe that the
minor is a
delinquent minor, the minor, his or | ||||||
25 | her parent, guardian, custodian and other
persons able to give |
| |||||||
| |||||||
1 | relevant testimony may be examined before the court. The
court | ||||||
2 | may also consider any evidence by way of proffer based upon | ||||||
3 | reliable
information offered by the State or the minor. All | ||||||
4 | evidence, including
affidavits, shall be admissible if it is | ||||||
5 | relevant and reliable regardless of
whether it would be | ||||||
6 | admissible under the rules of evidence applicable at trial.
| ||||||
7 | After such evidence is presented, the court may enter an order | ||||||
8 | that the minor
shall be released upon the request of a parent, | ||||||
9 | guardian or legal custodian if
the parent, guardian or | ||||||
10 | custodian appears to take custody.
| ||||||
11 | If the court finds that it is a matter of immediate and | ||||||
12 | urgent necessity for
the protection of the minor or of the | ||||||
13 | person or property of another that the
minor be detained or | ||||||
14 | placed in a
shelter care facility or that he or she is likely | ||||||
15 | to flee the jurisdiction of
the court, the court may prescribe | ||||||
16 | detention or shelter care and order that the
minor be kept in a | ||||||
17 | suitable place designated by the court or in a shelter care
| ||||||
18 | facility designated by the Department of Children and Family | ||||||
19 | Services or a
licensed child welfare agency; otherwise it shall | ||||||
20 | release the minor from
custody. If the court prescribes shelter | ||||||
21 | care, then in placing the minor, the
Department or other agency | ||||||
22 | shall, to the extent compatible with the court's
order, comply | ||||||
23 | with Section 7 of the Children and Family Services Act. In
| ||||||
24 | making the determination of the existence of immediate and | ||||||
25 | urgent necessity,
the court shall consider among other matters: | ||||||
26 | (a) the nature and seriousness of
the alleged offense; (b) the |
| |||||||
| |||||||
1 | minor's record of delinquency offenses,
including whether the | ||||||
2 | minor has delinquency cases pending; (c) the minor's
record of | ||||||
3 | willful failure to appear following the issuance of a summons | ||||||
4 | or
warrant; (d) the availability of non-custodial | ||||||
5 | alternatives, including the
presence of a parent, guardian or | ||||||
6 | other responsible relative able and willing
to provide | ||||||
7 | supervision and care for the minor and to assure his or her
| ||||||
8 | compliance with a summons. If the minor is ordered placed in a | ||||||
9 | shelter care
facility of a licensed child welfare agency, the | ||||||
10 | court shall, upon request of
the agency, appoint the | ||||||
11 | appropriate agency executive temporary custodian of the
minor | ||||||
12 | and the court may enter such other orders related to the | ||||||
13 | temporary
custody of the minor as it deems fit and proper.
| ||||||
14 | The order together with the court's findings of fact in | ||||||
15 | support of the order
shall
be entered
of record in the court.
| ||||||
16 | Once the court finds that it is a matter of immediate and | ||||||
17 | urgent necessity
for the protection of the minor that the minor | ||||||
18 | be placed in a shelter care
facility, the minor shall not be | ||||||
19 | returned to the parent, custodian or guardian
until the court | ||||||
20 | finds that the placement is no longer necessary for the
| ||||||
21 | protection of the minor.
| ||||||
22 | (3) Only when there is reasonable cause to believe that the | ||||||
23 | minor taken
into custody is a delinquent minor may the minor be | ||||||
24 | kept or detained in a
facility authorized for juvenile | ||||||
25 | detention. This Section shall in no way be
construed to limit
| ||||||
26 | subsection (4).
|
| |||||||
| |||||||
1 | (4) Minors 12 years of age or older must be kept separate | ||||||
2 | from confined
adults and may not at any time be kept in the | ||||||
3 | same cell, room or yard with
confined adults. This paragraph | ||||||
4 | (4):
| ||||||
5 | (a) shall only apply to confinement pending an | ||||||
6 | adjudicatory hearing
and
shall not exceed 40 hours, | ||||||
7 | excluding Saturdays, Sundays, and court designated
| ||||||
8 | holidays , except as otherwise provided in subsection (2) of | ||||||
9 | Section 5-405 . To accept or hold minors during this time | ||||||
10 | period, county jails shall
comply with all monitoring | ||||||
11 | standards adopted
by the Department of Corrections and | ||||||
12 | training standards approved by the
Illinois Law | ||||||
13 | Enforcement Training Standards Board.
| ||||||
14 | (b) To accept or hold minors, 12 years of age or older, | ||||||
15 | after the time
period prescribed in clause (a) of | ||||||
16 | subsection (4) of this Section but not
exceeding 7
days | ||||||
17 | including Saturdays, Sundays, and holidays, pending an | ||||||
18 | adjudicatory
hearing, county jails shall comply with all | ||||||
19 | temporary detention standards adopted
by
the Department of | ||||||
20 | Corrections and training standards approved by the | ||||||
21 | Illinois
Law Enforcement Training Standards Board.
| ||||||
22 | (c) To accept or hold minors 12 years of age or older, | ||||||
23 | after the time
period prescribed in clause (a) and (b), of | ||||||
24 | this subsection county jails shall
comply with all county | ||||||
25 | juvenile detention standards adopted by the Department of | ||||||
26 | Juvenile Justice.
|
| |||||||
| |||||||
1 | (5) If the minor is not brought before a judicial officer | ||||||
2 | within the time
period as specified in Section 5-415 the minor | ||||||
3 | must immediately be released
from
custody.
| ||||||
4 | (6) If neither the parent, guardian or legal custodian | ||||||
5 | appears within 24
hours to take custody of a minor released | ||||||
6 | from detention or shelter care, then
the clerk of the court | ||||||
7 | shall set the matter for rehearing not later than 7 days
after | ||||||
8 | the original order and shall issue a summons directed to the | ||||||
9 | parent,
guardian or legal custodian to appear. At the same time | ||||||
10 | the probation
department shall prepare a report on the minor. | ||||||
11 | If a parent, guardian or legal
custodian does not appear at | ||||||
12 | such rehearing, the judge may enter an order
prescribing that | ||||||
13 | the minor be kept in a suitable place designated by the
| ||||||
14 | Department of Human Services or a licensed child welfare | ||||||
15 | agency.
The time during which a minor is in custody after being | ||||||
16 | released upon the
request of a parent, guardian or legal | ||||||
17 | custodian shall be considered as time
spent in detention for | ||||||
18 | purposes of scheduling the trial.
| ||||||
19 | (7) Any party, including the State, the temporary | ||||||
20 | custodian, an agency
providing services to the minor or family | ||||||
21 | under a service plan pursuant to
Section 8.2 of the Abused and | ||||||
22 | Neglected Child Reporting Act, foster parent, or
any of their | ||||||
23 | representatives, may file a
motion to modify or vacate a | ||||||
24 | temporary custody order or vacate a detention or
shelter care | ||||||
25 | order on any of the following grounds:
| ||||||
26 | (a) It is no longer a matter of immediate and urgent |
| |||||||
| |||||||
1 | necessity that the
minor remain in detention or shelter | ||||||
2 | care; or
| ||||||
3 | (b) There is a material change in the circumstances of | ||||||
4 | the natural family
from which the minor was removed; or
| ||||||
5 | (c) A person, including a parent, relative or legal | ||||||
6 | guardian, is capable
of assuming temporary custody of the | ||||||
7 | minor; or
| ||||||
8 | (d) Services provided by the Department of Children and | ||||||
9 | Family Services
or a
child welfare agency or other service | ||||||
10 | provider have been successful in
eliminating the need for | ||||||
11 | temporary custody.
| ||||||
12 | The clerk shall set the matter for hearing not later than | ||||||
13 | 14 days after such
motion is filed. In the event that the court | ||||||
14 | modifies or vacates a temporary
order but does not vacate its | ||||||
15 | finding of probable cause, the court may order
that appropriate | ||||||
16 | services be continued or initiated in behalf of the minor and
| ||||||
17 | his or her family.
| ||||||
18 | (8) Whenever a petition has been filed under Section 5-520 | ||||||
19 | the court can,
at
any time prior to trial or sentencing, order | ||||||
20 | that the minor be placed in
detention or a shelter care | ||||||
21 | facility after the court conducts a hearing and
finds that the | ||||||
22 | conduct and behavior of the minor may endanger the health,
| ||||||
23 | person, welfare, or property of himself or others or that the | ||||||
24 | circumstances
of his or her home environment may endanger his | ||||||
25 | or her health, person, welfare
or property.
| ||||||
26 | (Source: P.A. 98-685, eff. 1-1-15 .)
|