Bill Text: IL HB4473 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Juvenile Court Act of 1987. Provides that the decision to place a minor alleged to be a delinquent minor in detention shall be a last resort and for as short of a time period as possible. Provides that a review of the decision to detain a minor alleged to be a delinquent minor shall be held as soon as possible. Provides that unless sooner released, a minor alleged to be a delinquent minor taken into temporary custody must be brought before a judicial officer as soon as possible but in no event later than 24 hours including weekends and holidays for a detention or shelter care hearing to determine whether he or she shall be further held in custody (rather than within 40 hours exclusive of Saturdays, Sundays, and court-designated holidays). Makes conforming changes.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB4473 Detail]
Download: Illinois-2017-HB4473-Introduced.html
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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Juvenile Court Act of 1987 is amended by | |||||||||||||||||||
5 | changing Section 5-415 as follows:
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6 | (705 ILCS 405/5-415)
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7 | Sec. 5-415. Setting of detention or shelter care hearing; | |||||||||||||||||||
8 | release.
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9 | (1) The decision to place a minor alleged to be a | |||||||||||||||||||
10 | delinquent minor in detention shall be a last resort and for as | |||||||||||||||||||
11 | short of a time period as possible. A review of the decision to | |||||||||||||||||||
12 | detain a minor alleged to be a delinquent minor shall be held | |||||||||||||||||||
13 | as soon as possible. Unless sooner released, a minor alleged to | |||||||||||||||||||
14 | be a delinquent minor taken
into temporary custody must be | |||||||||||||||||||
15 | brought before a judicial officer as soon as possible but in no | |||||||||||||||||||
16 | event later than 24 hours including weekends and holidays | |||||||||||||||||||
17 | within 40
hours for a detention or shelter care hearing to | |||||||||||||||||||
18 | determine whether he or she
shall be
further held in custody. | |||||||||||||||||||
19 | If a minor alleged to be a delinquent minor taken into
custody | |||||||||||||||||||
20 | is hospitalized or is receiving treatment for a physical or | |||||||||||||||||||
21 | mental
condition, and is unable to be brought before a judicial | |||||||||||||||||||
22 | officer for a
detention or shelter care hearing, the time 40 | |||||||||||||||||||
23 | hour period will not commence until
the minor is released from |
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1 | the hospital or place of treatment. If the minor
gives false | ||||||
2 | information to law enforcement officials regarding the minor's
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3 | identity or age, the time 40 hour period will not commence | ||||||
4 | until the court rules
that the minor is subject to this Act and | ||||||
5 | not subject to prosecution under the
Criminal Code of 1961 or | ||||||
6 | the Criminal Code of 2012. Any
other delay attributable to a | ||||||
7 | minor alleged to be a delinquent minor who is
taken into | ||||||
8 | temporary custody shall act to toll the 40 hour time period. | ||||||
9 | The 40 hour time period shall be tolled to allow counsel for | ||||||
10 | the minor to prepare for the detention or shelter care hearing, | ||||||
11 | upon a motion filed by such counsel and granted by the court. | ||||||
12 | In all
cases, the 40 hour time period is exclusive of | ||||||
13 | Saturdays, Sundays and
court-designated holidays.
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14 | (2) If the State's Attorney or probation officer (or other | ||||||
15 | public
officer designated by the court in a county having more | ||||||
16 | than 3,000,000
inhabitants) determines that the minor should be | ||||||
17 | retained in custody, he or she
shall
cause a petition to be | ||||||
18 | filed as provided in Section 5-520 of this Article, and
the | ||||||
19 | clerk of the court shall set the matter for hearing on the | ||||||
20 | detention or
shelter care hearing calendar. Immediately upon | ||||||
21 | the filing of a petition in the case of a minor retained in | ||||||
22 | custody, the court shall cause counsel to be appointed to | ||||||
23 | represent the minor. When a parent, legal guardian, custodian, | ||||||
24 | or
responsible relative is present and so requests, the | ||||||
25 | detention or shelter care
hearing shall be held immediately if | ||||||
26 | the court is in session
and the State is ready to proceed, |
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1 | otherwise at the earliest feasible time.
In no event shall a | ||||||
2 | detention or shelter care hearing be held until the minor has | ||||||
3 | had adequate opportunity to consult with counsel. The probation | ||||||
4 | officer or such other public officer designated by the court in | ||||||
5 | a
county having more than 3,000,000 inhabitants shall notify | ||||||
6 | the minor's parent,
legal guardian, custodian, or responsible | ||||||
7 | relative of the time and place of the
hearing. The notice may | ||||||
8 | be given orally.
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9 | (3) The minor must be released from custody at the | ||||||
10 | expiration of the time 40
hour period specified by this Section | ||||||
11 | if not brought before a judicial officer
within that period.
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12 | (4) After the initial time 40 hour period has lapsed, the | ||||||
13 | court may review the
minor's custodial status at any time prior | ||||||
14 | to the trial or sentencing
hearing. If during this time period | ||||||
15 | new or additional information becomes
available concerning the | ||||||
16 | minor's conduct, the court may conduct a hearing to
determine | ||||||
17 | whether the minor should be placed in a detention or shelter | ||||||
18 | care
facility. If the court finds that there is probable cause | ||||||
19 | that the minor is a
delinquent minor and that it is a matter of | ||||||
20 | immediate and urgent necessity for
the protection of the minor | ||||||
21 | or of the person or property of another, or that he
or she is | ||||||
22 | likely to flee the jurisdiction of the court, the court may | ||||||
23 | order
that the minor be placed in detention or shelter care.
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24 | (Source: P.A. 97-1150, eff. 1-25-13.)
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