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Rep. Robyn Gabel
Filed: 4/15/2021
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1 | | AMENDMENT TO HOUSE BILL 3767
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2 | | AMENDMENT NO. ______. Amend House Bill 3767, on page 4, by |
3 | | replacing line 3 through line 20 with the following:
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4 | | "(2)(a) On and after July 1, 2021, except for paragraphs |
5 | | (a-1) and (a-2) of this subsection (2), any minor 13 years of |
6 | | age or older arrested under this Act where there is probable |
7 | | cause to believe that the minor is a delinquent minor and that |
8 | | secure custody is a matter of immediate and urgent necessity |
9 | | in light of a serious threat to the physical safety of a person |
10 | | or persons in the community or to secure the presence of the |
11 | | minor at the next hearing, as evidenced by a demonstrable |
12 | | record of willful failure to appear at a scheduled court |
13 | | hearing within the last 12 months, may be kept or detained in |
14 | | an authorized detention facility. Any minor 10 years of age or |
15 | | older arrested pursuant to this Act where there is probable |
16 | | cause to believe that the minor is a delinquent minor and that |
17 | | (i) secure custody is a matter of immediate and urgent |
18 | | necessity for the protection of the minor or of the person or |
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1 | | property of another, (ii) the minor is likely to flee the |
2 | | jurisdiction of the court, or (iii) the minor was taken into |
3 | | custody under a warrant, may be kept or detained in an |
4 | | authorized detention facility. A minor under 13 years of age |
5 | | shall not be admitted, kept, or detained in a detention |
6 | | facility unless a local youth service provider, including a |
7 | | provider through the Comprehensive Community Based Youth |
8 | | Services network, has been contacted and has not been able to |
9 | | accept the minor. No minor under 12 years of age shall be |
10 | | detained in a county jail or a municipal lockup for more than 6 |
11 | | hours. |
12 | | (a-1) Until July 1, 2022, any minor 11 years of age or |
13 | | older arrested under this Act where there is probable cause to |
14 | | believe that the minor is a delinquent minor and that secure |
15 | | custody is a matter of immediate and urgent necessity in light |
16 | | of a serious threat to the physical safety of a person or |
17 | | persons in the community or to secure the presence of the minor |
18 | | at the next hearing, as evidenced by a demonstrable record of |
19 | | willful failure to appear at a scheduled court hearing within |
20 | | the last 12 months, may be kept or detained in an authorized |
21 | | detention facility. Prior to July 1, 2022, a minor aged 11 |
22 | | years old shall not be detained unless appropriate local |
23 | | service providers, such as crisis intervention services |
24 | | through Comprehensive Community Based Youth Services Network |
25 | | or a local behavioral health service, have been contacted and |
26 | | given an opportunity to develop an alternative to detention. |
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1 | | Until July 1, 2022, probation shall document and share on a |
2 | | monthly basis with the Illinois Juvenile Justice Commission |
3 | | each instance when alternatives to detention fail for a minor |
4 | | aged 11, including the basis for detention, the providers that |
5 | | were contacted, and the reason alternatives were rejected. |
6 | | (a-2) Until July 1, 2023, any minor 12 years of age or |
7 | | older arrested under this Act where there is probable cause to |
8 | | believe that the minor is a delinquent minor and that secure |
9 | | custody is a matter of immediate and urgent necessity in light |
10 | | of a serious threat to the physical safety of a person or |
11 | | persons in the community or to secure the presence of the minor |
12 | | at the next hearing, as evidenced by a demonstrable record of |
13 | | willful failure to appear at a scheduled court hearing within |
14 | | the last 12 months, may be kept or detained in an authorized |
15 | | detention facility. Prior to July 1, 2023, a minor aged 12 |
16 | | years old shall not be detained unless appropriate local |
17 | | service providers, such as crisis intervention services |
18 | | through Comprehensive Community Based Youth Services Network |
19 | | or a local behavioral health service, have been contacted and |
20 | | given an opportunity to develop an alternative to detention. |
21 | | Until July 1, 2023, probation shall document and share on a |
22 | | monthly basis with the Illinois Juvenile Justice Commission |
23 | | each instance when alternatives to detention fail for a minor |
24 | | aged 12, including the basis for detention, the providers that |
25 | | were contacted, and the reason alternatives were rejected. ".
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