Public Act 93-0255

HB0524 Enrolled                      LRB093 04720 RLC 04776 b

    AN ACT in relation to criminal law.

    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 5-410 as follows:

    (705 ILCS 405/5-410)
    Sec. 5-410.  Non-secure custody or detention.
    (1)  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)  Any  minor  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)  secured
custody is a matter of immediate and urgent necessity 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.  No minor under 12 years of age shall  be  detained
in a county jail or a municipal lockup for more than 6 hours.
    (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  subsection  (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, subsection (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
screening instrument.
    (b-5)  Subject  to the provisions of subsection (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,  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 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 17 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 17 years of age and  older
who  have  a  petition  of delinquency filed against them may
shall be confined in an adult detention facility. In making a
determination whether to confine a person 17 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  promulgated  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,
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 promulgated 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 programmatic and training standards for
juvenile  detention  homes  promulgated  by the Department of
Corrections.
    (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.
    (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.
(Source: P.A. 90-590, eff. 1-1-99.)