101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4334

 

Introduced 1/29/2020, by Rep. John M. Cabello

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-405
705 ILCS 405/5-407
705 ILCS 405/5-410
705 ILCS 405/5-415
705 ILCS 405/5-501

    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.


LRB101 16367 RLC 65745 b

 

 

A BILL FOR

 

HB4334LRB101 16367 RLC 65745 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 5-405, 5-407, 5-410, 5-415, and 5-501 as
6follows:
 
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
10warrant shall immediately make a reasonable attempt to notify
11the parent or other person legally responsible for the minor's
12care or the person with whom the minor resides that the minor
13has been arrested and where he or she is being held. The minor
14shall be delivered without unnecessary delay to the court or to
15the place designated by rule or order of court for the
16reception of minors.
17    (2) A law enforcement officer who arrests a minor without a
18warrant under Section 5-401 shall, if the minor is not
19released, immediately make a reasonable attempt to notify the
20parent or other person legally responsible for the minor's care
21or the person with whom the minor resides that the minor has
22been arrested and where the minor is being held; and the law
23enforcement officer shall without unnecessary delay take the

 

 

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1minor to the nearest juvenile police officer designated for
2these purposes in the county of venue or shall surrender the
3minor to a juvenile police officer in the city or village where
4the offense is alleged to have been committed. If a minor is
5taken into custody for an offense which would be a forcible
6felony, as defined in Section 2-8 of the Criminal Code of 2012,
7if committed by an adult, the minor may be detained in a secure
8detention facility until the court makes a finding concerning
9the minor's detention or release at the detention or shelter
10care hearing under Section 5-501. If a minor is taken into
11custody for an offense which would be a misdemeanor if
12committed by an adult, the law enforcement officer, upon
13determining the true identity of the minor, may release the
14minor to the parent or other person legally responsible for the
15minor's care or the person with whom the minor resides. If a
16minor is so released, the law enforcement officer shall
17promptly notify a juvenile police officer of the circumstances
18of the custody and release.
19    (3) The juvenile police officer may take one of the
20following 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

 

 

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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
7release 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
21minors taken into custody under this Act shall be maintained
22separate from the records of arrests of adults and may not be
23inspected by or disclosed to the public except pursuant to
24Section 5-901 and Section 5-905.
25(Source: P.A. 90-590, eff. 1-1-99.)
 

 

 

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1    (705 ILCS 405/5-407)
2    Sec. 5-407. Processing of juvenile in possession of a
3firearm.
4    (a) If a law enforcement officer detains a minor pursuant
5to Section 10-27.1A of the School Code, the officer shall
6deliver the minor to the nearest juvenile officer, in the
7manner prescribed by subsection (2) of Section 5-405 of this
8Act. The juvenile officer shall deliver the minor without
9unnecessary delay to the court or to the place designated by
10rule or order of court for the reception of minors. In no event
11shall the minor be eligible for any other disposition by the
12juvenile police officer, notwithstanding the provisions of
13subsection (3) of Section 5-405 of this Act.
14    (b) Except as otherwise provided in subsection (2) of
15Section 5-405, minors Minors shall be brought before a judicial
16officer within 40 hours, exclusive of Saturdays, Sundays, and
17court-designated holidays, for a detention hearing to
18determine whether he or she shall be further held in custody.
19If the court finds that there is probable cause to believe that
20the minor is a delinquent minor by virtue of his or her
21violation of item (4) of subsection (a) of Section 24-1 of the
22Criminal Code of 1961 or the Criminal Code of 2012 while on
23school grounds, that finding shall create a presumption that
24immediate and urgent necessity exists under subdivision (2) of
25Section 5-501 of this Act. Once the presumption of immediate
26and urgent necessity has been raised, the burden of

 

 

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1demonstrating the lack of immediate and urgent necessity shall
2be on any party that is opposing detention for the minor.
3Should the court order detention pursuant to this Section, the
4minor shall be detained, pending the results of a court-ordered
5psychological evaluation to determine if the minor is a risk to
6himself, herself, or others. Upon receipt of the psychological
7evaluation, the court shall review the determination regarding
8the existence of urgent and immediate necessity. The court
9shall consider the psychological evaluation in conjunction
10with the other factors identified in subdivision (2) of Section
115-501 of this Act in order to make a de novo determination
12regarding whether it is a matter of immediate and urgent
13necessity for the protection of the minor or of the person or
14property of another that the minor be detained or placed in a
15shelter care facility. In addition to the pre-trial conditions
16found in Section 5-505 of this Act, the court may order the
17minor to receive counseling and any other services recommended
18by the psychological evaluation as a condition for release of
19the minor.
20    (c) Upon making a determination that the student presents a
21risk to himself, herself, or others, the court shall issue an
22order restraining the student from entering the property of the
23school if he or she has been suspended or expelled from the
24school as a result of possessing a firearm. The order shall
25restrain the student from entering the school and school owned
26or leased property, including any conveyance owned, leased, or

 

 

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1contracted by the school to transport students to or from
2school or a school-related activity. The order shall remain in
3effect until such time as the court determines that the student
4no longer presents a risk to himself, herself, or others.
5    (d) Psychological evaluations ordered pursuant to
6subsection (b) of this Section and statements made by the minor
7during the course of these evaluations, shall not be admissible
8on the issue of delinquency during the course of any
9adjudicatory hearing held under this Act.
10    (e) In this Section:
11    "School" means any public or private elementary or
12secondary school.
13    "School grounds" includes the real property comprising any
14school, any conveyance owned, leased, or contracted by a school
15to transport students to or from school or a school-related
16activity, or any public way within 1,000 feet of the real
17property 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
22this Act who requires care away from his or her home but who
23does not require physical restriction shall be given temporary
24care in a foster family home or other shelter facility
25designated by the court.

 

 

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1    (2) (a) Any minor 10 years of age or older arrested
2pursuant to this Act where there is probable cause to believe
3that the minor is a delinquent minor and that (i) secure
4custody is a matter of immediate and urgent necessity for the
5protection of the minor or of the person or property of
6another, (ii) the minor is likely to flee the jurisdiction of
7the court, or (iii) the minor was taken into custody under a
8warrant, may be kept or detained in an authorized detention
9facility. A minor under 13 years of age shall not be admitted,
10kept, or detained in a detention facility unless a local youth
11service provider, including a provider through the
12Comprehensive Community Based Youth Services network, has been
13contacted and has not been able to accept the minor. No minor
14under 12 years of age shall be detained in a county jail or a
15municipal lockup for more than 6 hours.
16    (a-5) For a minor arrested or taken into custody for
17vehicular hijacking or aggravated vehicular hijacking, a
18previous finding of delinquency for vehicular hijacking or
19aggravated vehicular hijacking shall be given greater weight in
20determining whether secured custody of a minor is a matter of
21immediate and urgent necessity for the protection of the minor
22or of the person or property of another.
23    (b) Except as otherwise provided in subsection (2) of
24Section 5-405, the The written authorization of the probation
25officer or detention officer (or other public officer
26designated by the court in a county having 3,000,000 or more

 

 

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1inhabitants) constitutes authority for the superintendent of
2any juvenile detention home to detain and keep a minor for up
3to 40 hours, excluding Saturdays, Sundays, and
4court-designated holidays. These records shall be available to
5the same persons and pursuant to the same conditions as are law
6enforcement records as provided in Section 5-905.
7    (b-4) The consultation required by paragraph (b-5) shall
8not be applicable if the probation officer or detention officer
9(or other public officer designated by the court in a county
10having 3,000,000 or more inhabitants) utilizes a scorable
11detention screening instrument, which has been developed with
12input by the State's Attorney, to determine whether a minor
13should be detained, however, paragraph (b-5) shall still be
14applicable where no such screening instrument is used or where
15the probation officer, detention officer (or other public
16officer designated by the court in a county having 3,000,000 or
17more inhabitants) deviates from the screening instrument.
18    (b-5) Subject to the provisions of paragraph (b-4), if a
19probation officer or detention officer (or other public officer
20designated by the court in a county having 3,000,000 or more
21inhabitants) does not intend to detain a minor for an offense
22which constitutes one of the following offenses he or she shall
23consult with the State's Attorney's Office prior to the release
24of the minor: first degree murder, second degree murder,
25involuntary manslaughter, criminal sexual assault, aggravated
26criminal sexual assault, aggravated battery with a firearm as

 

 

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1described 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
3battery involving permanent disability or disfigurement or
4great bodily harm, robbery, aggravated robbery, armed robbery,
5vehicular hijacking, aggravated vehicular hijacking, vehicular
6invasion, arson, aggravated arson, kidnapping, aggravated
7kidnapping, 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
10lockup for more than 12 hours, unless the offense is a crime of
11violence in which case the minor may be detained up to 24
12hours. For the purpose of this paragraph, "crime of violence"
13has the meaning ascribed to it in Section 1-10 of the
14Alcoholism 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

 

 

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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

 

 

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1county jail in a county with a population below 3,000,000
2inhabitants, then the minor's confinement shall be implemented
3in such a manner that there will be no contact by sight, sound,
4or otherwise between the minor and adult prisoners. Minors 12
5years of age or older must be kept separate from confined
6adults and may not at any time be kept in the same cell, room,
7or yard with confined adults. This paragraph (d)(i) shall only
8apply to confinement pending an adjudicatory hearing and,
9except as otherwise provided in subsection (2) of Section
105-405, shall not exceed 40 hours, excluding Saturdays, Sundays,
11and court-designated holidays. To accept or hold minors during
12this time period, county jails shall comply with all monitoring
13standards adopted by the Department of Corrections and training
14standards approved by the Illinois Law Enforcement Training
15Standards Board.
16    (ii) To accept or hold minors, 12 years of age or older,
17after the time period prescribed in paragraph (d)(i) of this
18subsection (2) of this Section but not exceeding 7 days
19including Saturdays, Sundays, and holidays pending an
20adjudicatory hearing, county jails shall comply with all
21temporary detention standards adopted by the Department of
22Corrections and training standards approved by the Illinois Law
23Enforcement Training Standards Board.
24    (iii) To accept or hold minors 12 years of age or older,
25after the time period prescribed in paragraphs (d)(i) and
26(d)(ii) of this subsection (2) of this Section, county jails

 

 

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1shall comply with all county juvenile detention standards
2adopted by the Department of Juvenile Justice.
3    (e) When a minor who is at least 15 years of age is
4prosecuted under the criminal laws of this State, the court may
5enter an order directing that the juvenile be confined in the
6county jail. However, any juvenile confined in the county jail
7under this provision shall be separated from adults who are
8confined in the county jail in such a manner that there will be
9no contact by sight, sound or otherwise between the juvenile
10and adult prisoners.
11    (f) For purposes of appearing in a physical lineup, the
12minor may be taken to a county jail or municipal lockup under
13the direct and constant supervision of a juvenile police
14officer. During such time as is necessary to conduct a lineup,
15and while supervised by a juvenile police officer, the sight
16and sound separation provisions shall not apply.
17    (g) For purposes of processing a minor, the minor may be
18taken to a county jail or municipal lockup under the direct and
19constant supervision of a law enforcement officer or
20correctional officer. During such time as is necessary to
21process the minor, and while supervised by a law enforcement
22officer or correctional officer, the sight and sound separation
23provisions shall not apply.
24    (3) Except as otherwise provided in subsection (2) of
25Section 5-405, if If the probation officer or State's Attorney
26(or such other public officer designated by the court in a

 

 

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1county having 3,000,000 or more inhabitants) determines that
2the minor may be a delinquent minor as described in subsection
3(3) of Section 5-105, and should be retained in custody but
4does not require physical restriction, the minor may be placed
5in non-secure custody for up to 40 hours pending a detention
6hearing.
7    (4) Any minor taken into temporary custody, not requiring
8secure detention, may, however, be detained in the home of his
9or her parent or guardian subject to such conditions as the
10court may impose.
11    (5) The changes made to this Section by Public Act 98-61
12apply to a minor who has been arrested or taken into custody on
13or after January 1, 2014 (the effective date of Public Act
1498-61).
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;
18release.
19    (1) Except as otherwise provided in subsection (2) of
20Section 5-405, unless Unless sooner released, a minor alleged
21to be a delinquent minor taken into temporary custody must be
22brought before a judicial officer within 40 hours for a
23detention or shelter care hearing to determine whether he or
24she shall be further held in custody. If a minor alleged to be
25a delinquent minor taken into custody is hospitalized or is

 

 

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1receiving treatment for a physical or mental condition, and is
2unable to be brought before a judicial officer for a detention
3or shelter care hearing, the 40 hour period will not commence
4until the minor is released from the hospital or place of
5treatment. If the minor gives false information to law
6enforcement officials regarding the minor's identity or age,
7the 40 hour period will not commence until the court rules that
8the minor is subject to this Act and not subject to prosecution
9under the Criminal Code of 1961 or the Criminal Code of 2012.
10Any other delay attributable to a minor alleged to be a
11delinquent minor who is taken into temporary custody shall act
12to toll the 40 hour time period. The 40 hour time period shall
13be tolled to allow counsel for the minor to prepare for the
14detention or shelter care hearing, upon a motion filed by such
15counsel and granted by the court. In all cases, the 40 hour
16time period is exclusive of Saturdays, Sundays and
17court-designated holidays.
18    (2) If the State's Attorney or probation officer (or other
19public officer designated by the court in a county having more
20than 3,000,000 inhabitants) determines that the minor should be
21retained in custody, he or she shall cause a petition to be
22filed as provided in Section 5-520 of this Article, and the
23clerk of the court shall set the matter for hearing on the
24detention or shelter care hearing calendar. Immediately upon
25the filing of a petition in the case of a minor retained in
26custody, the court shall cause counsel to be appointed to

 

 

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1represent the minor. When a parent, legal guardian, custodian,
2or responsible relative is present and so requests, the
3detention or shelter care hearing shall be held immediately if
4the court is in session and the State is ready to proceed,
5otherwise at the earliest feasible time. In no event shall a
6detention or shelter care hearing be held until the minor has
7had adequate opportunity to consult with counsel. The probation
8officer or such other public officer designated by the court in
9a county having more than 3,000,000 inhabitants shall notify
10the minor's parent, legal guardian, custodian, or responsible
11relative of the time and place of the hearing. The notice may
12be given orally.
13    (3) Except as otherwise provided in subsection (2) of
14Section 5-405, the The minor must be released from custody at
15the expiration of the 40 hour period specified by this Section
16if not brought before a judicial officer within that period.
17    (4) Except as otherwise provided in subsection (2) of
18Section 5-405, after After the initial 40 hour period has
19lapsed, the court may review the minor's custodial status at
20any time prior to the trial or sentencing hearing. If during
21this time period new or additional information becomes
22available concerning the minor's conduct, the court may conduct
23a hearing to determine whether the minor should be placed in a
24detention or shelter care facility. If the court finds that
25there is probable cause that the minor is a delinquent minor
26and that it is a matter of immediate and urgent necessity for

 

 

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1the protection of the minor or of the person or property of
2another, or that he or she is likely to flee the jurisdiction
3of the court, the court may order that the minor be placed in
4detention 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
8appearance of the minor before the court at the detention or
9shelter care hearing, the court shall receive all relevant
10information and evidence, including affidavits concerning the
11allegations made in the petition. Evidence used by the court in
12its findings or stated in or offered in connection with this
13Section may be by way of proffer based on reliable information
14offered by the State or minor. All evidence shall be admissible
15if it is relevant and reliable regardless of whether it would
16be admissible under the rules of evidence applicable at a
17trial. No hearing may be held unless the minor is represented
18by counsel and no hearing shall be held until the minor has had
19adequate opportunity to consult with counsel.
20    (1) If the court finds that there is not probable cause to
21believe that the minor is a delinquent minor it shall release
22the minor and dismiss the petition.
23    (2) If the court finds that there is probable cause to
24believe that the minor is a delinquent minor, the minor, his or
25her parent, guardian, custodian and other persons able to give

 

 

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1relevant testimony may be examined before the court. The court
2may also consider any evidence by way of proffer based upon
3reliable information offered by the State or the minor. All
4evidence, including affidavits, shall be admissible if it is
5relevant and reliable regardless of whether it would be
6admissible under the rules of evidence applicable at trial.
7After such evidence is presented, the court may enter an order
8that the minor shall be released upon the request of a parent,
9guardian or legal custodian if the parent, guardian or
10custodian appears to take custody.
11    If the court finds that it is a matter of immediate and
12urgent necessity for the protection of the minor or of the
13person or property of another that the minor be detained or
14placed in a shelter care facility or that he or she is likely
15to flee the jurisdiction of the court, the court may prescribe
16detention or shelter care and order that the minor be kept in a
17suitable place designated by the court or in a shelter care
18facility designated by the Department of Children and Family
19Services or a licensed child welfare agency; otherwise it shall
20release the minor from custody. If the court prescribes shelter
21care, then in placing the minor, the Department or other agency
22shall, to the extent compatible with the court's order, comply
23with Section 7 of the Children and Family Services Act. In
24making the determination of the existence of immediate and
25urgent necessity, the court shall consider among other matters:
26(a) the nature and seriousness of the alleged offense; (b) the

 

 

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1minor's record of delinquency offenses, including whether the
2minor has delinquency cases pending; (c) the minor's record of
3willful failure to appear following the issuance of a summons
4or warrant; (d) the availability of non-custodial
5alternatives, including the presence of a parent, guardian or
6other responsible relative able and willing to provide
7supervision and care for the minor and to assure his or her
8compliance with a summons. If the minor is ordered placed in a
9shelter care facility of a licensed child welfare agency, the
10court shall, upon request of the agency, appoint the
11appropriate agency executive temporary custodian of the minor
12and the court may enter such other orders related to the
13temporary custody of the minor as it deems fit and proper.
14    The order together with the court's findings of fact in
15support of the order shall be entered of record in the court.
16    Once the court finds that it is a matter of immediate and
17urgent necessity for the protection of the minor that the minor
18be placed in a shelter care facility, the minor shall not be
19returned to the parent, custodian or guardian until the court
20finds that the placement is no longer necessary for the
21protection of the minor.
22    (3) Only when there is reasonable cause to believe that the
23minor taken into custody is a delinquent minor may the minor be
24kept or detained in a facility authorized for juvenile
25detention. This Section shall in no way be construed to limit
26subsection (4).

 

 

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1    (4) Minors 12 years of age or older must be kept separate
2from confined adults and may not at any time be kept in the
3same 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.

 

 

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1    (5) If the minor is not brought before a judicial officer
2within the time period as specified in Section 5-415 the minor
3must immediately be released from custody.
4    (6) If neither the parent, guardian or legal custodian
5appears within 24 hours to take custody of a minor released
6from detention or shelter care, then the clerk of the court
7shall set the matter for rehearing not later than 7 days after
8the original order and shall issue a summons directed to the
9parent, guardian or legal custodian to appear. At the same time
10the probation department shall prepare a report on the minor.
11If a parent, guardian or legal custodian does not appear at
12such rehearing, the judge may enter an order prescribing that
13the minor be kept in a suitable place designated by the
14Department of Human Services or a licensed child welfare
15agency. The time during which a minor is in custody after being
16released upon the request of a parent, guardian or legal
17custodian shall be considered as time spent in detention for
18purposes of scheduling the trial.
19    (7) Any party, including the State, the temporary
20custodian, an agency providing services to the minor or family
21under a service plan pursuant to Section 8.2 of the Abused and
22Neglected Child Reporting Act, foster parent, or any of their
23representatives, may file a motion to modify or vacate a
24temporary custody order or vacate a detention or shelter care
25order on any of the following grounds:
26        (a) It is no longer a matter of immediate and urgent

 

 

HB4334- 21 -LRB101 16367 RLC 65745 b

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
1314 days after such motion is filed. In the event that the court
14modifies or vacates a temporary order but does not vacate its
15finding of probable cause, the court may order that appropriate
16services be continued or initiated in behalf of the minor and
17his or her family.
18    (8) Whenever a petition has been filed under Section 5-520
19the court can, at any time prior to trial or sentencing, order
20that the minor be placed in detention or a shelter care
21facility after the court conducts a hearing and finds that the
22conduct and behavior of the minor may endanger the health,
23person, welfare, or property of himself or others or that the
24circumstances of his or her home environment may endanger his
25or her health, person, welfare or property.
26(Source: P.A. 98-685, eff. 1-1-15.)