093_SB1654

 
                                     LRB093 03201 RLC 03218 b

 1        AN ACT concerning juveniles.

 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 5-501 as follows:

 6        (705 ILCS 405/5-501)
 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
12    in  its  findings  or stated in or offered in connection with
13    this Section may be by  way  of  proffer  based  on  reliable
14    information  offered  by  the  State  or minor.  All evidence
15    shall be admissible if it is relevant and reliable regardless
16    of whether it would be admissible under the rules of evidence
17    applicable at a trial.  No hearing may  be  held  unless  the
18    minor is represented by counsel.
19        (1)  If  the court finds that there is not probable cause
20    to believe that the minor is  a  delinquent  minor  it  shall
21    release the minor and dismiss the petition.
22        (2)  If  the  court finds that there is probable cause to
23    believe that the minor is a delinquent minor, the minor,  his
24    or  her parent, guardian, custodian and other persons able to
25    give relevant testimony may be  examined  before  the  court.
26    The  court  may  also consider any evidence by way of proffer
27    based upon reliable information offered by the State  or  the
28    minor.    All   evidence,   including  affidavits,  shall  be
29    admissible if it  is  relevant  and  reliable  regardless  of
30    whether  it  would  be admissible under the rules of evidence
31    applicable at trial. After such evidence  is  presented,  the
 
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 1    court  may  enter  an  order that the minor shall be released
 2    upon the request of a parent, guardian or legal custodian  if
 3    the parent, guardian or custodian appears to take custody.
 4        If  the  court finds that it is a matter of immediate and
 5    urgent necessity for the protection of the minor  or  of  the
 6    person  or  property of another that the minor be detained or
 7    placed in a shelter care facility or that he or she is likely
 8    to  flee  the  jurisdiction  of  the  court,  the  court  may
 9    prescribe detention or shelter care and order that the  minor
10    be  kept  in a suitable place designated by the court or in a
11    shelter  care  facility  designated  by  the  Department   of
12    Children  and  Family  Services  or  a licensed child welfare
13    agency; otherwise the court it shall release the  minor  from
14    custody.  If  the  court  prescribes  shelter  care,  then in
15    placing the minor, the Department or other agency  shall,  to
16    the  extent  compatible  with  the court's order, comply with
17    Section 7 of the Children and Family Services Act.  In making
18    the determination of the existence of  immediate  and  urgent
19    necessity,  the court shall consider among other matters: (a)
20    the nature and seriousness of the alleged  offense;  (b)  the
21    minor's record of delinquency offenses, including whether the
22    minor  has delinquency cases pending;  (c) the minor's record
23    of willful failure to appear  following  the  issuance  of  a
24    summons  or  warrant;  (d)  the availability of non-custodial
25    alternatives, including the presence of a parent, guardian or
26    other  responsible  relative  able  and  willing  to  provide
27    supervision and care for the minor and to assure his  or  her
28    compliance with a summons.  If the minor is ordered placed in
29    a  shelter  care facility of a licensed child welfare agency,
30    the court shall, upon request  of  the  agency,  appoint  the
31    appropriate agency executive temporary custodian of the minor
32    and  the  court  may  enter  such other orders related to the
33    temporary custody of the minor as it deems fit and proper.
34        The order together with the court's findings of  fact  in
 
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 1    support of the order shall be entered of record in the court.
 2        Once the court finds that it is a matter of immediate and
 3    urgent  necessity  for  the  protection of the minor that the
 4    minor be placed in a shelter care facility, the  minor  shall
 5    not  be  returned  to the parent, custodian or guardian until
 6    the court finds that the placement is no longer necessary for
 7    the protection of the minor.
 8        (3)  Only when there is reasonable cause to believe  that
 9    the  minor  taken  into custody is a delinquent minor may the
10    minor be kept  or  detained  in  a  facility  authorized  for
11    juvenile   detention.   This  Section  shall  in  no  way  be
12    construed to limit subsection (4).
13        (4)  Minors 12  years  of  age  or  older  must  be  kept
14    separate from confined adults and may not at any time be kept
15    in  the  same  cell, room or yard with confined adults.  This
16    paragraph (4):
17             (a)  shall only apply  to  confinement  pending   an
18        adjudicatory  hearing  and  shall  not  exceed  40 hours,
19        excluding  Saturdays,  Sundays,  and   court   designated
20        holidays.   To  accept  or  hold  minors during this time
21        period, county jails shall  comply  with  all  monitoring
22        standards for juvenile detention homes promulgated by the
23        Department of Corrections and training standards approved
24        by the Illinois Law Enforcement Training Standards Board.
25             (b)  To  accept  or  hold minors, 12 years of age or
26        older, after the time period prescribed in clause (a)  of
27        subsection  (4)  of this Section but not exceeding 7 days
28        including Saturdays, Sundays, and  holidays,  pending  an
29        adjudicatory  hearing, county jails shall comply with all
30        temporary  detention   standards   promulgated   by   the
31        Department of Corrections and training standards approved
32        by the Illinois Law Enforcement Training Standards Board.
33             (c)  To  accept  or  hold  minors 12 years of age or
34        older, after the time period prescribed in clause (a) and
 
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 1        (b), of this subsection county jails  shall  comply  with
 2        all  programmatic  and  training  standards  for juvenile
 3        detention  homes  promulgated  by   the   Department   of
 4        Corrections.
 5        (5)  If  the  minor  is  not  brought  before  a judicial
 6    officer within the time period as specified in Section  5-415
 7    the minor must immediately be released from custody.
 8        (6)  If  neither  the parent, guardian or legal custodian
 9    appears within 24 hours to take custody of a  minor  released
10    from  detention  or shelter care, then the clerk of the court
11    shall set the matter for rehearing  not  later  than  7  days
12    after  the  original order and shall issue a summons directed
13    to the parent, guardian or legal custodian to appear.  At the
14    same time the probation department shall prepare a report  on
15    the minor.  If a parent, guardian or legal custodian does not
16    appear  at  such  rehearing,  the  judge  may  enter an order
17    prescribing that the  minor  be  kept  in  a  suitable  place
18    designated  by the Department of Human Services or a licensed
19    child welfare agency. The time during which  a  minor  is  in
20    custody  after  being  released upon the request of a parent,
21    guardian or legal custodian shall be considered as time spent
22    in detention for purposes of scheduling the trial.
23        (7)  Any  party,  including  the  State,  the   temporary
24    custodian,  an  agency  providing  services  to  the minor or
25    family under a service plan pursuant to Section  8.2  of  the
26    Abused  and  Neglected Child Reporting Act, foster parent, or
27    any of their representatives, may file a motion to modify  or
28    vacate  a  temporary  custody  order or vacate a detention or
29    shelter care order on any of the following grounds:
30             (a)  It is no  longer  a  matter  of  immediate  and
31        urgent  necessity  that  the minor remain in detention or
32        shelter care;  or
33             (b)  There is a material change in the circumstances
34        of the natural family from which the minor  was  removed;
 
                            -5-      LRB093 03201 RLC 03218 b
 1        or
 2             (c)  A person, including a parent, relative or legal
 3        guardian, is capable of assuming temporary custody of the
 4        minor;  or
 5             (d)  Services provided by the Department of Children
 6        and  Family  Services  or a child welfare agency or other
 7        service provider have been successful in eliminating  the
 8        need for temporary custody.
 9        The clerk shall set the matter for hearing not later than
10    14  days  after  such motion is filed.  In the event that the
11    court modifies or vacates a  temporary  order  but  does  not
12    vacate  its  finding  of  probable cause, the court may order
13    that appropriate services be continued or initiated in behalf
14    of the minor and his or her family.
15        (8)  Whenever a petition has  been  filed  under  Section
16    5-520   the  court  can,  at  any  time  prior  to  trial  or
17    sentencing, order that the minor be placed in detention or  a
18    shelter  care facility after the court conducts a hearing and
19    finds that the conduct and behavior of the minor may endanger
20    the health, person, welfare, or property of himself or others
21    or that the circumstances of his or her home environment  may
22    endanger his or her health, person, welfare or property.
23    (Source: P.A. 90-590, eff. 1-1-99.)