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1 | AN ACT concerning juveniles.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Juvenile Court Act of 1987 is amended by | |||||||||||||||||||
5 | changing
Section 5-501 as follows:
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6 | (705 ILCS 405/5-501)
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7 | Sec. 5-501. Detention or shelter care hearing.
At the | |||||||||||||||||||
8 | appearance of the minor before the court at the detention or | |||||||||||||||||||
9 | shelter
care hearing,
the court shall receive all relevant | |||||||||||||||||||
10 | information and evidence, including
affidavits concerning the | |||||||||||||||||||
11 | allegations made in the petition. Evidence used by
the court in | |||||||||||||||||||
12 | its findings or stated in or offered in connection with this
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13 | Section may be by way of proffer based on reliable information | |||||||||||||||||||
14 | offered by the
State or minor. All evidence shall be admissible | |||||||||||||||||||
15 | if it is relevant and
reliable regardless of whether it would | |||||||||||||||||||
16 | be admissible under the rules of
evidence applicable at a | |||||||||||||||||||
17 | trial. No hearing may be held unless the minor is
represented | |||||||||||||||||||
18 | by counsel.
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19 | (1) If the court finds that there is not probable cause to | |||||||||||||||||||
20 | believe that the
minor is a delinquent minor it shall release | |||||||||||||||||||
21 | the minor and dismiss the
petition.
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22 | (2) If the court finds that there is probable cause to | |||||||||||||||||||
23 | believe that the
minor is a
delinquent minor, the minor, his or | |||||||||||||||||||
24 | her parent, guardian, custodian and other
persons able to give | |||||||||||||||||||
25 | relevant testimony may be examined before the court. The
court | |||||||||||||||||||
26 | may also consider any evidence by way of proffer based upon | |||||||||||||||||||
27 | reliable
information offered by the State or the minor. All | |||||||||||||||||||
28 | evidence, including
affidavits, shall be admissible if it is | |||||||||||||||||||
29 | relevant and reliable regardless of
whether it would be | |||||||||||||||||||
30 | admissible under the rules of evidence applicable at trial.
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31 | After such evidence is presented, the court may enter an order | |||||||||||||||||||
32 | that the minor
shall be released upon the request of a parent, |
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1 | guardian or legal custodian if
the parent, guardian or | ||||||
2 | custodian appears to take custody.
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3 | If the court finds that it is a matter of immediate and | ||||||
4 | urgent necessity for
the protection of the minor or of the | ||||||
5 | person or property of another that the
minor be detained or | ||||||
6 | placed in a
shelter care facility or that he or she is likely | ||||||
7 | to flee the jurisdiction of
the court, the court may prescribe | ||||||
8 | detention or shelter care and order that the
minor be kept in a | ||||||
9 | suitable place designated by the court or in a shelter care
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10 | facility designated by the Department of Children and Family | ||||||
11 | Services or a
licensed child welfare agency; otherwise the | ||||||
12 | court
it shall release the
minor from
custody. If the court | ||||||
13 | prescribes shelter care, then in placing the minor, the
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14 | Department or other agency shall, to the extent compatible with | ||||||
15 | the court's
order, comply with Section 7 of the Children and | ||||||
16 | Family Services Act. In
making the determination of the | ||||||
17 | existence of immediate and urgent necessity,
the court shall | ||||||
18 | consider among other matters: (a) the nature and seriousness of
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19 | the alleged offense; (b) the minor's record of delinquency | ||||||
20 | offenses,
including whether the minor has delinquency cases | ||||||
21 | pending; (c) the minor's
record of willful failure to appear | ||||||
22 | following the issuance of a summons or
warrant; (d) the | ||||||
23 | availability of non-custodial alternatives, including the
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24 | presence of a parent, guardian or other responsible relative | ||||||
25 | able and willing
to provide supervision and care for the minor | ||||||
26 | and to assure his or her
compliance with a summons. If the | ||||||
27 | minor is ordered placed in a shelter care
facility of a | ||||||
28 | licensed child welfare agency, the court shall, upon request of
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29 | the agency, appoint the appropriate agency executive temporary | ||||||
30 | custodian of the
minor and the court may enter such other | ||||||
31 | orders related to the temporary
custody of the minor as it | ||||||
32 | deems fit and proper.
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33 | The order together with the court's findings of fact in | ||||||
34 | support of the order
shall
be entered
of record in the court.
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35 | Once the court finds that it is a matter of immediate and | ||||||
36 | urgent necessity
for the protection of the minor that the minor |
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1 | be placed in a shelter care
facility, the minor shall not be | ||||||
2 | returned to the parent, custodian or guardian
until the court | ||||||
3 | finds that the placement is no longer necessary for the
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4 | protection of the minor.
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5 | (3) Only when there is reasonable cause to believe that the | ||||||
6 | minor taken
into custody is a delinquent minor may the minor be | ||||||
7 | kept or detained in a
facility authorized for juvenile | ||||||
8 | detention. This Section shall in no way be
construed to limit
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9 | subsection (4).
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10 | (4) Minors 12 years of age or older must be kept separate | ||||||
11 | from confined
adults and may not at any time be kept in the | ||||||
12 | same cell, room or yard with
confined adults. This paragraph | ||||||
13 | (4):
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14 | (a) shall only apply to confinement pending an | ||||||
15 | adjudicatory hearing
and
shall not exceed 40 hours, | ||||||
16 | excluding Saturdays, Sundays, and court designated
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17 | holidays. To accept or hold minors during this time period, | ||||||
18 | county jails shall
comply with all monitoring standards for | ||||||
19 | juvenile detention homes promulgated
by the Department of | ||||||
20 | Corrections and training standards approved by the
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21 | Illinois Law Enforcement Training Standards Board.
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22 | (b) To accept or hold minors, 12 years of age or older, | ||||||
23 | after the time
period prescribed in clause (a) of | ||||||
24 | subsection (4) of this Section but not
exceeding 7
days | ||||||
25 | including Saturdays, Sundays, and holidays, pending an | ||||||
26 | adjudicatory
hearing, county jails shall comply with all | ||||||
27 | temporary detention standards
promulgated by
the | ||||||
28 | Department of Corrections and training standards approved | ||||||
29 | by the Illinois
Law Enforcement Training Standards Board.
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30 | (c) To accept or hold minors 12 years of age or older, | ||||||
31 | after the time
period prescribed in clause (a) and (b), of | ||||||
32 | this subsection county jails shall
comply with all | ||||||
33 | programmatic and training standards for juvenile detention
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34 | homes promulgated by the Department of Corrections.
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35 | (5) If the minor is not brought before a judicial officer | ||||||
36 | within the time
period as specified in Section 5-415 the minor |
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1 | must immediately be released
from
custody.
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2 | (6) If neither the parent, guardian or legal custodian | ||||||
3 | appears within 24
hours to take custody of a minor released | ||||||
4 | from detention or shelter care, then
the clerk of the court | ||||||
5 | shall set the matter for rehearing not later than 7 days
after | ||||||
6 | the original order and shall issue a summons directed to the | ||||||
7 | parent,
guardian or legal custodian to appear. At the same time | ||||||
8 | the probation
department shall prepare a report on the minor. | ||||||
9 | If a parent, guardian or legal
custodian does not appear at | ||||||
10 | such rehearing, the judge may enter an order
prescribing that | ||||||
11 | the minor be kept in a suitable place designated by the
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12 | Department of Human Services or a licensed child welfare | ||||||
13 | agency.
The time during which a minor is in custody after being | ||||||
14 | released upon the
request of a parent, guardian or legal | ||||||
15 | custodian shall be considered as time
spent in detention for | ||||||
16 | purposes of scheduling the trial.
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17 | (7) Any party, including the State, the temporary | ||||||
18 | custodian, an agency
providing services to the minor or family | ||||||
19 | under a service plan pursuant to
Section 8.2 of the Abused and | ||||||
20 | Neglected Child Reporting Act, foster parent, or
any of their | ||||||
21 | representatives, may file a
motion to modify or vacate a | ||||||
22 | temporary custody order or vacate a detention or
shelter care | ||||||
23 | order on any of the following grounds:
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24 | (a) It is no longer a matter of immediate and urgent | ||||||
25 | necessity that the
minor remain in detention or shelter | ||||||
26 | care; or
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27 | (b) There is a material change in the circumstances of | ||||||
28 | the natural family
from which the minor was removed; or
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29 | (c) A person, including a parent, relative or legal | ||||||
30 | guardian, is capable
of assuming temporary custody of the | ||||||
31 | minor; or
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32 | (d) Services provided by the Department of Children and | ||||||
33 | Family Services
or a
child welfare agency or other service | ||||||
34 | provider have been successful in
eliminating the need for | ||||||
35 | temporary custody.
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36 | The clerk shall set the matter for hearing not later than |
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1 | 14 days after such
motion is filed. In the event that the court | ||||||
2 | modifies or vacates a temporary
order but does not vacate its | ||||||
3 | finding of probable cause, the court may order
that appropriate | ||||||
4 | services be continued or initiated in behalf of the minor and
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5 | his or her family.
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6 | (8) Whenever a petition has been filed under Section 5-520 | ||||||
7 | the court can,
at
any time prior to trial or sentencing, order | ||||||
8 | that the minor be placed in
detention or a shelter care | ||||||
9 | facility after the court conducts a hearing and
finds that the | ||||||
10 | conduct and behavior of the minor may endanger the health,
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11 | person, welfare, or property of himself or others or that the | ||||||
12 | circumstances
of his or her home environment may endanger his | ||||||
13 | or her health, person, welfare
or property.
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14 | (Source: P.A. 90-590, eff. 1-1-99.)
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