093_HB0524enr HB0524 Enrolled LRB093 04720 RLC 04776 b 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Juvenile Court Act of 1987 is amended by 5 changing Section 5-410 as follows: 6 (705 ILCS 405/5-410) 7 Sec. 5-410. Non-secure custody or detention. 8 (1) Any minor arrested or taken into custody pursuant to 9 this Act who requires care away from his or her home but who 10 does not require physical restriction shall be given 11 temporary care in a foster family home or other shelter 12 facility designated by the court. 13 (2) (a) Any minor 10 years of age or older arrested 14 pursuant to this Act where there is probable cause to believe 15 that the minor is a delinquent minor and that (i) secured 16 custody is a matter of immediate and urgent necessity for the 17 protection of the minor or of the person or property of 18 another, (ii) the minor is likely to flee the jurisdiction of 19 the court, or (iii) the minor was taken into custody under a 20 warrant, may be kept or detained in an authorized detention 21 facility. No minor under 12 years of age shall be detained 22 in a county jail or a municipal lockup for more than 6 hours. 23 (b) The written authorization of the probation officer 24 or detention officer (or other public officer designated by 25 the court in a county having 3,000,000 or more inhabitants) 26 constitutes authority for the superintendent of any juvenile 27 detention home to detain and keep a minor for up to 40 hours, 28 excluding Saturdays, Sundays and court-designated holidays. 29 These records shall be available to the same persons and 30 pursuant to the same conditions as are law enforcement 31 records as provided in Section 5-905. HB0524 Enrolled -2- LRB093 04720 RLC 04776 b 1 (b-4) The consultation required by subsection (b-5) 2 shall not be applicable if the probation officer or detention 3 officer (or other public officer designated by the court in a 4 county having 3,000,000 or more inhabitants) utilizes a 5 scorable detention screening instrument, which has been 6 developed with input by the State's Attorney, to determine 7 whether a minor should be detained, however, subsection (b-5) 8 shall still be applicable where no such screening instrument 9 is used or where the probation officer, detention officer (or 10 other public officer designated by the court in a county 11 having 3,000,000 or more inhabitants) deviates from the 12 screening instrument. 13 (b-5) Subject to the provisions of subsection (b-4), if 14 a probation officer or detention officer (or other public 15 officer designated by the court in a county having 3,000,000 16 or more inhabitants) does not intend to detain a minor for an 17 offense which constitutes one of the following offenses he or 18 she shall consult with the State's Attorney's Office prior to 19 the release of the minor: first degree murder, second degree 20 murder, involuntary manslaughter, criminal sexual assault, 21 aggravated criminal sexual assault, aggravated battery with a 22 firearm, aggravated or heinous battery involving permanent 23 disability or disfigurement or great bodily harm, robbery, 24 aggravated robbery, armed robbery, vehicular hijacking, 25 aggravated vehicular hijacking, vehicular invasion, arson, 26 aggravated arson, kidnapping, aggravated kidnapping, home 27 invasion, burglary, or residential burglary. 28 (c) Except as otherwise provided in paragraph (a), (d), 29 or (e), no minor shall be detained in a county jail or 30 municipal lockup for more than 12 hours, unless the offense 31 is a crime of violence in which case the minor may be 32 detained up to 24 hours. For the purpose of this paragraph, 33 "crime of violence" has the meaning ascribed to it in Section 34 1-10 of the Alcoholism and Other Drug Abuse and Dependency HB0524 Enrolled -3- LRB093 04720 RLC 04776 b 1 Act. 2 (i) The period of detention is deemed to have begun once 3 the minor has been placed in a locked room or cell or 4 handcuffed to a stationary object in a building housing a 5 county jail or municipal lockup. Time spent transporting a 6 minor is not considered to be time in detention or secure 7 custody. 8 (ii) Any minor so confined shall be under periodic 9 supervision and shall not be permitted to come into or remain 10 in contact with adults in custody in the building. 11 (iii) Upon placement in secure custody in a jail or 12 lockup, the minor shall be informed of the purpose of the 13 detention, the time it is expected to last and the fact that 14 it cannot exceed the time specified under this Act. 15 (iv) A log shall be kept which shows the offense which 16 is the basis for the detention, the reasons and circumstances 17 for the decision to detain and the length of time the minor 18 was in detention. 19 (v) Violation of the time limit on detention in a county 20 jail or municipal lockup shall not, in and of itself, render 21 inadmissible evidence obtained as a result of the violation 22 of this time limit. Minors under 17 years of age shall be 23 kept separate from confined adults and may not at any time be 24 kept in the same cell, room or yard with adults confined 25 pursuant to criminal law. Persons 17 years of age and older 26 who have a petition of delinquency filed against them may 27shallbe confined in an adult detention facility. In making a 28 determination whether to confine a person 17 years of age or 29 older who has a petition of delinquency filed against the 30 person, these factors, among other matters, shall be 31 considered: 32 (A) The age of the person; 33 (B) Any previous delinquent or criminal history of the 34 person; HB0524 Enrolled -4- LRB093 04720 RLC 04776 b 1 (C) Any previous abuse or neglect history of the person; 2 and 3 (D) Any mental health or educational history of the 4 person, or both. 5 (d) (i) If a minor 12 years of age or older is confined 6 in a county jail in a county with a population below 7 3,000,000 inhabitants, then the minor's confinement shall be 8 implemented in such a manner that there will be no contact by 9 sight, sound or otherwise between the minor and adult 10 prisoners. Minors 12 years of age or older must be kept 11 separate from confined adults and may not at any time be kept 12 in the same cell, room, or yard with confined adults. This 13 paragraph (d)(i) shall only apply to confinement pending an 14 adjudicatory hearing and shall not exceed 40 hours, excluding 15 Saturdays, Sundays and court designated holidays. To accept 16 or hold minors during this time period, county jails shall 17 comply with all monitoring standards promulgated by the 18 Department of Corrections and training standards approved by 19 the Illinois Law Enforcement Training Standards Board. 20 (ii) To accept or hold minors, 12 years of age or older, 21 after the time period prescribed in paragraph (d)(i) of this 22 subsection (2) of this Section but not exceeding 7 days 23 including Saturdays, Sundays and holidays pending an 24 adjudicatory hearing, county jails shall comply with all 25 temporary detention standards promulgated by the Department 26 of Corrections and training standards approved by the 27 Illinois Law Enforcement Training Standards Board. 28 (iii) To accept or hold minors 12 years of age or older, 29 after the time period prescribed in paragraphs (d)(i) and 30 (d)(ii) of this subsection (2) of this Section, county jails 31 shall comply with all programmatic and training standards for 32 juvenile detention homes promulgated by the Department of 33 Corrections. 34 (e) When a minor who is at least 15 years of age is HB0524 Enrolled -5- LRB093 04720 RLC 04776 b 1 prosecuted under the criminal laws of this State, the court 2 may enter an order directing that the juvenile be confined in 3 the county jail. However, any juvenile confined in the 4 county jail under this provision shall be separated from 5 adults who are confined in the county jail in such a manner 6 that there will be no contact by sight, sound or otherwise 7 between the juvenile and adult prisoners. 8 (f) For purposes of appearing in a physical lineup, the 9 minor may be taken to a county jail or municipal lockup under 10 the direct and constant supervision of a juvenile police 11 officer. During such time as is necessary to conduct a 12 lineup, and while supervised by a juvenile police officer, 13 the sight and sound separation provisions shall not apply. 14 (g) For purposes of processing a minor, the minor may be 15 taken to a County Jail or municipal lockup under the direct 16 and constant supervision of a law enforcement officer or 17 correctional officer. During such time as is necessary to 18 process the minor, and while supervised by a law enforcement 19 officer or correctional officer, the sight and sound 20 separation provisions shall not apply. 21 (3) If the probation officer or State's Attorney (or 22 such other public officer designated by the court in a county 23 having 3,000,000 or more inhabitants) determines that the 24 minor may be a delinquent minor as described in subsection 25 (3) of Section 5-105, and should be retained in custody but 26 does not require physical restriction, the minor may be 27 placed in non-secure custody for up to 40 hours pending a 28 detention hearing. 29 (4) Any minor taken into temporary custody, not 30 requiring secure detention, may, however, be detained in the 31 home of his or her parent or guardian subject to such 32 conditions as the court may impose. 33 (Source: P.A. 90-590, eff. 1-1-99.)