Bill Text: IL SB1357 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Juvenile Court Act of 1987. Provides that whenever the appearance in person in court, in either a detention or shelter care hearing, is required of a minor held in a place of custody or confinement operated by the State, the court may permit the personal appearance of the minor to be made by means of two-way audio-visual communication, including closed circuit television or computerized video conference. Provides that the two-way audio-visual communication facilities must provide two-way audio-visual communication between the court and the place of custody or confinement, and must include a secure line over which the minor in custody and his or her counsel, may communicate.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1357 Detail]

Download: Illinois-2019-SB1357-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB1357 Introduced 2/13/2019, by Sen. Brian W. Stewart SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-501
Amends the Juvenile Court Act of 1987. Provides that whenever the appearance in person in court, in either a detention or shelter care hearing, is required of a minor held in a place of custody or confinement operated by the State, the court may permit the personal appearance of the minor to be made by means of two-way audio-visual communication, including closed circuit television or computerized video conference. Provides that the two-way audio-visual communication facilities must provide two-way audio-visual communication between the court and the place of custody or confinement, and must include a secure line over which the minor in custody and his or her counsel, may communicate.
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A BILL FOR
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AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 5-501 as follows:
(705 ILCS 405/5-501)
Sec. 5-501. Detention or shelter care hearing. At the
appearance of the minor before the court at the detention or
shelter care hearing, the court shall receive all relevant
information and evidence, including affidavits concerning the
allegations made in the petition. Evidence used by the court in
its findings or stated in or offered in connection with this
Section may be by way of proffer based on reliable information
offered by the State or minor. All evidence shall be admissible
if it is relevant and reliable regardless of whether it would
be admissible under the rules of evidence applicable at a
trial. No hearing may be held unless the minor is represented
by counsel and no hearing shall be held until the minor has had
adequate opportunity to consult with counsel.
(1) If the court finds that there is not probable cause to
believe that the minor is a delinquent minor it shall release
the minor and dismiss the petition.
(2) If the court finds that there is probable cause to

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believe that the minor is a delinquent minor, the minor, his or
her parent, guardian, custodian and other persons able to give
relevant testimony may be examined before the court. The court
may also consider any evidence by way of proffer based upon
reliable information offered by the State or the minor. All
evidence, including affidavits, shall be admissible if it is
relevant and reliable regardless of whether it would be
admissible under the rules of evidence applicable at trial.
After such evidence is presented, the court may enter an order
that the minor shall be released upon the request of a parent,
guardian or legal custodian if the parent, guardian or
custodian appears to take custody.
If the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor or of the
person or property of another that the minor be detained or
placed in a shelter care facility or that he or she is likely
to flee the jurisdiction of the court, the court may prescribe
detention or shelter care and order that the minor be kept in a
suitable place designated by the court or in a shelter care
facility designated by the Department of Children and Family
Services or a licensed child welfare agency; otherwise it shall
release the minor from custody. If the court prescribes shelter
care, then in placing the minor, the Department or other agency
shall, to the extent compatible with the court's order, comply
with Section 7 of the Children and Family Services Act. In
making the determination of the existence of immediate and

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urgent necessity, the court shall consider among other matters:
(a) the nature and seriousness of the alleged offense; (b) the
minor's record of delinquency offenses, including whether the
minor has delinquency cases pending; (c) the minor's record of
willful failure to appear following the issuance of a summons
or warrant; (d) the availability of non-custodial
alternatives, including the presence of a parent, guardian or
other responsible relative able and willing to provide
supervision and care for the minor and to assure his or her
compliance with a summons. If the minor is ordered placed in a
shelter care facility of a licensed child welfare agency, the
court shall, upon request of the agency, appoint the
appropriate agency executive temporary custodian of the minor
and the court may enter such other orders related to the
temporary custody of the minor as it deems fit and proper.
The order together with the court's findings of fact in
support of the order shall be entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the minor
be placed in a shelter care facility, the minor shall not be
returned to the parent, custodian or guardian until the court
finds that the placement is no longer necessary for the
protection of the minor.
(3) Only when there is reasonable cause to believe that the
minor taken into custody is a delinquent minor may the minor be
kept or detained in a facility authorized for juvenile

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detention. This Section shall in no way be construed to limit
subsection (4).
(4) 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
(4):
(a) 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.
(b) To accept or hold minors, 12 years of age or older,
after the time period prescribed in clause (a) of
subsection (4) 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.
(c) To accept or hold minors 12 years of age or older,
after the time period prescribed in clause (a) and (b), of
this subsection county jails shall comply with all county
juvenile detention standards adopted by the Department of

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Juvenile Justice.
(5) If the minor is not brought before a judicial officer
within the time period as specified in Section 5-415 the minor
must immediately be released from custody.
(6) If neither the parent, guardian or legal custodian
appears within 24 hours to take custody of a minor released
from detention or shelter care, then the clerk of the court
shall set the matter for rehearing not later than 7 days after
the original order and shall issue a summons directed to the
parent, guardian or legal custodian to appear. At the same time
the probation department shall prepare a report on the minor.
If a parent, guardian or legal custodian does not appear at
such rehearing, the judge may enter an order prescribing that
the minor be kept in a suitable place designated by the
Department of Human Services or a licensed child welfare
agency. The time during which a minor is in custody after being
released upon the request of a parent, guardian or legal
custodian shall be considered as time spent in detention for
purposes of scheduling the trial.
(7) Any party, including the State, the temporary
custodian, an agency providing services to the minor or family
under a service plan pursuant to Section 8.2 of the Abused and
Neglected Child Reporting Act, foster parent, or any of their
representatives, may file a motion to modify or vacate a
temporary custody order or vacate a detention or shelter care
order on any of the following grounds:

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(a) It is no longer a matter of immediate and urgent
necessity that the minor remain in detention or shelter
care; or
(b) There is a material change in the circumstances of
the natural family from which the minor was removed; or
(c) A person, including a parent, relative or legal
guardian, is capable of assuming temporary custody of the
minor; or
(d) Services provided by the Department of Children and
Family Services or a child welfare agency or other service
provider have been successful in eliminating the need for
temporary custody.
The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the court
modifies or vacates a temporary order but does not vacate its
finding of probable cause, the court may order that appropriate
services be continued or initiated in behalf of the minor and
his or her family.
(8) Whenever a petition has been filed under Section 5-520
the court can, at any time prior to trial or sentencing, order
that the minor be placed in detention or a shelter care
facility after the court conducts a hearing and finds that the
conduct and behavior of the minor may endanger the health,
person, welfare, or property of himself or others or that the
circumstances of his or her home environment may endanger his
or her health, person, welfare or property.

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(9) Whenever the appearance in person in court, in either a
detention or shelter care hearing, is required of a minor held
in a place of custody or confinement operated by the State, the
court may permit the personal appearance of the minor to be
made by means of two-way audio-visual communication, including
closed circuit television or computerized video conference.
The two-way audio-visual communication facilities must provide
two-way audio-visual communication between the court and the
place of custody or confinement, and must include a secure line
over which the minor in custody and his or her counsel, may
communicate.
(Source: P.A. 98-685, eff. 1-1-15.)