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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 3. The Children and Family Services Act is amended | ||||||
5 | by changing Section 17a-5 as follows:
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6 | (20 ILCS 505/17a-5) (from Ch. 23, par. 5017a-5)
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7 | Sec. 17a-5. The Department of Human Services shall be | ||||||
8 | successor to the
Department of Children and Family Services in | ||||||
9 | the latter Department's capacity
as successor to the Illinois | ||||||
10 | Law Enforcement
Commission in the functions of that Commission | ||||||
11 | relating to juvenile justice
and the federal Juvenile Justice | ||||||
12 | and Delinquency Prevention Act of 1974
as amended, and shall | ||||||
13 | have the powers, duties and functions specified in
this Section | ||||||
14 | relating to juvenile justice and the federal Juvenile Justice
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15 | and Delinquency Prevention Act of 1974, as amended.
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16 | (1) Definitions. As used in this Section:
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17 | (a) "juvenile justice system" means all activities by | ||||||
18 | public or private
agencies or persons pertaining to the | ||||||
19 | handling of youth involved or having
contact with the | ||||||
20 | police, courts or corrections;
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21 | (b) "unit of general local government" means any | ||||||
22 | county, municipality
or other general purpose political | ||||||
23 | subdivision of this State;
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1 | (c) "Commission" means the Illinois Juvenile Justice
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2 | Commission provided for in Section 17a-9 of this Act.
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3 | (2) Powers and Duties of Department. The Department of | ||||||
4 | Human Services
shall serve as the
official State Planning | ||||||
5 | Agency for juvenile justice for the State of Illinois
and in | ||||||
6 | that capacity is authorized and empowered to discharge any and | ||||||
7 | all
responsibilities imposed on such bodies by the federal | ||||||
8 | Juvenile Justice
and Delinquency Prevention Act of 1974, as | ||||||
9 | amended, specifically the
deinstitutionalization
of status | ||||||
10 | offenders, separation of juveniles and adults in municipal and
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11 | county jails, removal of juveniles from county and municipal | ||||||
12 | jails and
monitoring
of compliance with these mandates. In | ||||||
13 | furtherance thereof, the Department
has the powers and duties | ||||||
14 | set forth in paragraphs 3 through 15 of this Section:
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15 | (3) To develop annual comprehensive plans based on analysis | ||||||
16 | of juvenile
crime problems and juvenile justice and delinquency | ||||||
17 | prevention needs in
the State, for the improvement of juvenile | ||||||
18 | justice throughout the State,
such plans to be in accordance | ||||||
19 | with the federal Juvenile Justice and Delinquency
Prevention | ||||||
20 | Act of 1974, as amended;
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21 | (4) To define, develop and correlate programs and projects | ||||||
22 | relating to
administration of juvenile justice for the State | ||||||
23 | and units of general local
government within the State or for | ||||||
24 | combinations of such units for
improvement in law enforcement:
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25 | (5) To advise, assist and make recommendations to the | ||||||
26 | Governor as to how
to achieve a more efficient and effective |
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1 | juvenile justice system;
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2 | (6) To act as a central repository for federal, State, | ||||||
3 | regional and local
research studies, plans, projects, and | ||||||
4 | proposals relating to the improvement
of the juvenile justice | ||||||
5 | system;
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6 | (7) To act as a clearing house for information relating to | ||||||
7 | all aspects
of juvenile justice system improvement;
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8 | (8) To undertake research studies to aid in accomplishing | ||||||
9 | its purposes;
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10 | (9) To establish priorities for the expenditure of funds | ||||||
11 | made
available by the United States for the improvement of the | ||||||
12 | juvenile justice
system throughout the State;
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13 | (10) To apply for, receive, allocate, disburse, and account | ||||||
14 | for grants
of funds made available by the United States | ||||||
15 | pursuant to the federal Juvenile
Justice and Delinquency | ||||||
16 | Prevention Act of 1974, as amended; and such other
similar | ||||||
17 | legislation as may be enacted from time to time in order to | ||||||
18 | plan,
establish, operate, coordinate, and evaluate projects | ||||||
19 | directly or through
grants and contracts with public and | ||||||
20 | private agencies for the development
of more effective | ||||||
21 | education, training, research, prevention, diversion,
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22 | treatment and rehabilitation programs in the area of juvenile | ||||||
23 | delinquency
and programs to improve the juvenile justice | ||||||
24 | system;
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25 | (11) To insure that no more than the maximum percentage of | ||||||
26 | the total annual
State allotment of juvenile justice funds be |
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1 | utilized for the administration
of such funds;
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2 | (12) To provide at least 66-2/3 per centum of funds | ||||||
3 | received by the State
under the Juvenile Justice and | ||||||
4 | Delinquency Prevention Act of 1974, as amended,
are expended | ||||||
5 | through:
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6 | (a) programs of units of general local government or | ||||||
7 | combinations thereof,
to the extent such programs are | ||||||
8 | consistent with the State plan; and
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9 | (b) programs of local private agencies, to the extent | ||||||
10 | such programs are
consistent with the State plan;
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11 | (13) To enter into agreements with the United States | ||||||
12 | government
which may be required as a condition of obtaining | ||||||
13 | federal funds;
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14 | (14) To enter into contracts and cooperate with units of | ||||||
15 | general local
government or combinations of such units, State | ||||||
16 | agencies, and private
organizations
of all types, for the | ||||||
17 | purpose of carrying out the duties of the Department
imposed by | ||||||
18 | this Section or by federal law or
regulations;
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19 | (14.5) To operate a toll-free number to arrange for the | ||||||
20 | immediate pick-up and transportation of minor offenders to | ||||||
21 | detention facilities throughout the State pursuant to Section | ||||||
22 | 5-410 of the Juvenile Court Act of 1987;
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23 | (15) To exercise all other powers that are reasonable and | ||||||
24 | necessary to
fulfill its functions under applicable federal law | ||||||
25 | or to further the
purposes of this Section.
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26 | (Source: P.A. 89-507, eff. 7-1-97.)
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1 | Section 5. The Juvenile Court Act of 1987 is amended by | ||||||
2 | changing Section 5-410 as follows:
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3 | (705 ILCS 405/5-410)
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4 | Sec. 5-410. Non-secure custody or detention.
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5 | (1) Any minor arrested or taken into custody pursuant to | ||||||
6 | this Act who
requires care away from his or her home but who | ||||||
7 | does not require physical
restriction shall be given temporary | ||||||
8 | care in a foster family home or other
shelter facility | ||||||
9 | designated by the court.
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10 | (2) (a) Any minor 10 years of age or older arrested
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11 | pursuant to this Act where there is probable cause to believe | ||||||
12 | that the minor
is a delinquent minor and that
(i) secured | ||||||
13 | custody is a matter of immediate and urgent necessity for the
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14 | protection of the minor or of the person or property of | ||||||
15 | another, (ii) the minor
is likely to flee the jurisdiction of | ||||||
16 | the court, or (iii) the minor was taken
into custody under a | ||||||
17 | warrant, may be kept or detained in an authorized
detention | ||||||
18 | facility. No minor under 17
12 years of age shall be detained | ||||||
19 | in a
county jail or a municipal lockup for more than 6 hours , | ||||||
20 | except as provided in paragraph (d) of this subsection (2) .
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21 | (b) The written authorization of the probation officer or | ||||||
22 | detention officer
(or other public officer designated by the | ||||||
23 | court in a county having
3,000,000 or more inhabitants) | ||||||
24 | constitutes authority for the superintendent of
any juvenile |
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1 | detention home to detain and keep a minor for up to 40 hours,
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2 | excluding Saturdays, Sundays and court-designated holidays. | ||||||
3 | These
records shall be available to the same persons and | ||||||
4 | pursuant to the same
conditions as are law enforcement records | ||||||
5 | as provided in Section 5-905.
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6 | (b-4) The consultation required by subsection (b-5) shall | ||||||
7 | not be applicable
if the probation officer or detention officer | ||||||
8 | (or other public officer
designated
by the court in a
county | ||||||
9 | having 3,000,000 or more inhabitants) utilizes a scorable | ||||||
10 | detention
screening instrument, which has been developed with | ||||||
11 | input by the State's
Attorney, to
determine whether a minor | ||||||
12 | should be detained, however, subsection (b-5) shall
still be | ||||||
13 | applicable where no such screening instrument is used or where | ||||||
14 | the
probation officer, detention officer (or other public | ||||||
15 | officer designated by the
court in a county
having 3,000,000 or | ||||||
16 | more inhabitants) deviates from the screening instrument.
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17 | (b-5) Subject to the provisions of subsection (b-4), if a | ||||||
18 | probation officer
or detention officer
(or other public officer | ||||||
19 | designated by
the court in a county having 3,000,000 or more | ||||||
20 | inhabitants) does not intend to
detain a minor for an offense | ||||||
21 | which constitutes one of the following offenses
he or she shall | ||||||
22 | consult with the State's Attorney's Office prior to the release
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23 | of the minor: first degree murder, second degree murder, | ||||||
24 | involuntary
manslaughter, criminal sexual assault, aggravated | ||||||
25 | criminal sexual assault,
aggravated battery with a firearm, | ||||||
26 | aggravated or heinous battery involving
permanent disability |
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1 | or disfigurement or great bodily harm, robbery, aggravated
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2 | robbery, armed robbery, vehicular hijacking, aggravated | ||||||
3 | vehicular hijacking,
vehicular invasion, arson, aggravated | ||||||
4 | arson, kidnapping, aggravated kidnapping,
home invasion, | ||||||
5 | burglary, or residential burglary.
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6 | (c) Except as otherwise provided in paragraph (a), (d), or | ||||||
7 | (e), no minor
shall
be detained in a county jail or municipal | ||||||
8 | lockup for more than 12 hours, unless
the offense is a crime of | ||||||
9 | violence in which case the minor may be detained up
to 24 | ||||||
10 | hours. For the purpose of this paragraph, "crime of violence" | ||||||
11 | has the
meaning
ascribed to it in Section 1-10 of the | ||||||
12 | Alcoholism and Other Drug Abuse and
Dependency Act.
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13 | (i) The
period of detention is deemed to have begun | ||||||
14 | once the minor has been placed in a
locked room or cell or | ||||||
15 | handcuffed to a stationary object in a building housing
a | ||||||
16 | county jail or municipal lockup. Time spent transporting a | ||||||
17 | minor is not
considered to be time in detention or secure | ||||||
18 | custody.
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19 | (ii) Any minor so
confined shall be under periodic | ||||||
20 | supervision and shall not be permitted to come
into or | ||||||
21 | remain in contact with adults in custody in the building.
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22 | (iii) Upon
placement in secure custody in a jail or | ||||||
23 | lockup, the
minor shall be informed of the purpose of the | ||||||
24 | detention, the time it is
expected to last and the fact | ||||||
25 | that it cannot exceed the time specified under
this Act.
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26 | (iv) A log shall
be kept which shows the offense which |
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1 | is the basis for the detention, the
reasons and | ||||||
2 | circumstances for the decision to detain and the length of | ||||||
3 | time the
minor was in detention.
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4 | (v) Violation of the time limit on detention
in a | ||||||
5 | county jail or municipal lockup shall not, in and of | ||||||
6 | itself, render
inadmissible evidence obtained as a result | ||||||
7 | of the violation of this
time limit. Minors under 17 years | ||||||
8 | of age shall be kept separate from confined
adults and may | ||||||
9 | not at any time be kept in the same cell, room or yard with
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10 | adults confined pursuant to criminal law. Persons 17 years | ||||||
11 | of age and older
who have a petition of delinquency filed | ||||||
12 | against them may be
confined in an
adult detention | ||||||
13 | facility.
In making a determination whether to confine a | ||||||
14 | person 17 years of age or
older
who has a petition of | ||||||
15 | delinquency filed against the person, these factors,
among | ||||||
16 | other matters, shall be considered:
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17 | (A) The age of the person;
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18 | (B) Any previous delinquent or criminal history of | ||||||
19 | the person;
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20 | (C) Any previous abuse or neglect history of the | ||||||
21 | person; and
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22 | (D) Any mental health or educational history of the | ||||||
23 | person, or both.
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24 | (d) Whenever it appears that a minor who is arrested | ||||||
25 | pursuant to paragraph (a) of this subsection (2) will need to | ||||||
26 | be detained for longer than 6 hours in a county jail or a |
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1 | municipal lockup, the arresting authority shall notify the | ||||||
2 | Department of Human Services to arrange for the immediate | ||||||
3 | pickup and transportation of the arrested minor to and from a | ||||||
4 | detention facility. A minor may remain in the county jail or | ||||||
5 | municipal lockup for as long as it takes for the Department to | ||||||
6 | provide for pickup and transportation.
(i) If a minor 12 years | ||||||
7 | of age or older is confined in a county jail
in a
county with a | ||||||
8 | population below 3,000,000 inhabitants, then the minor's
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9 | confinement shall be implemented in such a manner that there | ||||||
10 | will be no contact
by sight, sound or otherwise between the | ||||||
11 | minor and adult prisoners. Minors
12 years of age or older must | ||||||
12 | be kept separate from confined adults and may not
at any time
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13 | be kept in the same cell, room, or yard with confined adults. | ||||||
14 | This paragraph
(d)(i) shall only apply to confinement pending | ||||||
15 | an adjudicatory hearing and
shall not exceed 40 hours, | ||||||
16 | excluding Saturdays, Sundays and court designated
holidays. To | ||||||
17 | accept or hold minors during this time period, county jails | ||||||
18 | shall
comply with all monitoring standards promulgated by the | ||||||
19 | Department of
Corrections and training standards approved by | ||||||
20 | the Illinois Law Enforcement
Training Standards Board.
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21 | (ii) To accept or hold minors, 12 years of age or older, | ||||||
22 | after the time
period
prescribed in paragraph (d)(i) of this | ||||||
23 | subsection (2) of this Section but not
exceeding 7 days | ||||||
24 | including Saturdays, Sundays and holidays pending an
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25 | adjudicatory hearing, county jails shall comply with all | ||||||
26 | temporary detention
standards promulgated by the Department of |
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1 | Corrections and training standards
approved by the Illinois Law | ||||||
2 | Enforcement Training Standards Board.
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3 | (iii) To accept or hold minors 12 years of age or older, | ||||||
4 | after the time
period prescribed in paragraphs (d)(i) and | ||||||
5 | (d)(ii) of this subsection (2) of
this
Section, county jails | ||||||
6 | shall comply with all programmatic and training standards
for | ||||||
7 | juvenile detention homes promulgated by the Department of | ||||||
8 | Corrections.
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9 | (e) When a minor who is at least 15 years of age is | ||||||
10 | prosecuted under the
criminal laws of this State,
the court may | ||||||
11 | enter an order directing that the juvenile be confined
in the | ||||||
12 | county jail. However, any juvenile confined in the county jail | ||||||
13 | under
this provision shall be separated from adults who are | ||||||
14 | confined in the county
jail in such a manner that there will be | ||||||
15 | no contact by sight, sound or
otherwise between the juvenile | ||||||
16 | and adult prisoners.
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17 | (f) For purposes of appearing in a physical lineup, the | ||||||
18 | minor may be taken
to a county jail or municipal lockup under | ||||||
19 | the direct and constant supervision
of a juvenile police | ||||||
20 | officer. During such time as is necessary to conduct a
lineup, | ||||||
21 | and while supervised by a juvenile police officer, the sight | ||||||
22 | and sound
separation provisions shall not apply.
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23 | (g) For purposes of processing a minor, the minor may be | ||||||
24 | taken to a County
Jail or municipal lockup under the direct and | ||||||
25 | constant supervision of a law
enforcement officer or | ||||||
26 | correctional officer. During such time as is necessary
to |
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1 | process the minor, and while supervised by a law enforcement | ||||||
2 | officer or
correctional officer, the sight and sound separation | ||||||
3 | provisions shall not
apply.
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4 | (3) If the probation officer or State's Attorney (or such | ||||||
5 | other public
officer designated by the court in a county having | ||||||
6 | 3,000,000 or more
inhabitants) determines that the minor may be | ||||||
7 | a delinquent minor as described
in subsection (3) of Section | ||||||
8 | 5-105, and should be retained in custody but does
not require
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9 | physical restriction, the minor may be placed in non-secure | ||||||
10 | custody for up to
40 hours pending a detention hearing.
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11 | (4) Any minor taken into temporary custody, not requiring | ||||||
12 | secure
detention, may, however, be detained in the home of his | ||||||
13 | or her parent or
guardian subject to such conditions as the | ||||||
14 | court may impose.
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15 | (Source: P.A. 93-255, eff. 1-1-04.)
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