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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,
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3 | represented in the General Assembly:
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4 | Section 5. The County Shelter Care and Detention Home Act | |||||||||||||||||||||||
5 | is amended by changing Section 2 as follows:
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6 | (55 ILCS 75/2) (from Ch. 23, par. 2682)
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7 | Sec. 2. Each county shelter care home and and detention | |||||||||||||||||||||||
8 | home authorized and
established by this Act shall comply with | |||||||||||||||||||||||
9 | minimum standards established by
the Department of Juvenile | |||||||||||||||||||||||
10 | Justice. No neglected or abused minor, addicted
minor, | |||||||||||||||||||||||
11 | dependent minor or minor requiring authoritative intervention, | |||||||||||||||||||||||
12 | as
defined in the Juvenile Court Act of 1987, or minor alleged | |||||||||||||||||||||||
13 | to be such,
may be detained in any county detention home.
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14 | (Source: P.A. 94-696, eff. 6-1-06 .)
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15 | Section 10. The Juvenile Court Act of 1987 is amended by | |||||||||||||||||||||||
16 | changing Section 5-410 as follows:
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17 | (705 ILCS 405/5-410)
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18 | Sec. 5-410. Non-secure custody or detention.
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19 | (1) Any minor arrested or taken into custody pursuant to | |||||||||||||||||||||||
20 | this this Act who
requires care away from his or her home but | |||||||||||||||||||||||
21 | who does not require physical
restriction shall be given |
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1 | temporary care in a foster family home or other
shelter | ||||||
2 | facility designated by the court.
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3 | (2) (a) Any minor 10 years of age or older arrested
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4 | pursuant to this Act where there is probable cause to believe | ||||||
5 | that the minor
is a delinquent minor and that
(i) secured | ||||||
6 | custody is a matter of immediate and urgent necessity for the
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7 | protection of the minor or of the person or property of | ||||||
8 | another, (ii) the minor
is likely to flee the jurisdiction of | ||||||
9 | the court, or (iii) the minor was taken
into custody under a | ||||||
10 | warrant, may be kept or detained in an authorized
detention | ||||||
11 | facility. No minor under 12 years of age shall be detained in a
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12 | county jail or a municipal lockup for more than 6 hours.
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13 | (b) The written authorization of the probation officer or | ||||||
14 | detention officer
(or other public officer designated by the | ||||||
15 | court in a county having
3,000,000 or more inhabitants) | ||||||
16 | constitutes authority for the superintendent of
any juvenile | ||||||
17 | detention home to detain and keep a minor for up to 40 hours,
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18 | excluding Saturdays, Sundays and court-designated holidays. | ||||||
19 | These
records shall be available to the same persons and | ||||||
20 | pursuant to the same
conditions as are law enforcement records | ||||||
21 | as provided in Section 5-905.
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22 | (b-4) The consultation required by subsection (b-5) shall | ||||||
23 | not be applicable
if the probation officer or detention officer | ||||||
24 | (or other public officer
designated
by the court in a
county | ||||||
25 | having 3,000,000 or more inhabitants) utilizes a scorable | ||||||
26 | detention
screening instrument, which has been developed with |
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1 | input by the State's
Attorney, to
determine whether a minor | ||||||
2 | should be detained, however, subsection (b-5) shall
still be | ||||||
3 | applicable where no such screening instrument is used or where | ||||||
4 | the
probation officer, detention officer (or other public | ||||||
5 | officer designated by the
court in a county
having 3,000,000 or | ||||||
6 | more inhabitants) deviates from the screening instrument.
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7 | (b-5) Subject to the provisions of subsection (b-4), if a | ||||||
8 | probation officer
or detention officer
(or other public officer | ||||||
9 | designated by
the court in a county having 3,000,000 or more | ||||||
10 | inhabitants) does not intend to
detain a minor for an offense | ||||||
11 | which constitutes one of the following offenses
he or she shall | ||||||
12 | consult with the State's Attorney's Office prior to the release
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13 | of the minor: first degree murder, second degree murder, | ||||||
14 | involuntary
manslaughter, criminal sexual assault, aggravated | ||||||
15 | criminal sexual assault,
aggravated battery with a firearm, | ||||||
16 | aggravated or heinous battery involving
permanent disability | ||||||
17 | or disfigurement or great bodily harm, robbery, aggravated
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18 | robbery, armed robbery, vehicular hijacking, aggravated | ||||||
19 | vehicular hijacking,
vehicular invasion, arson, aggravated | ||||||
20 | arson, kidnapping, aggravated kidnapping,
home invasion, | ||||||
21 | burglary, or residential burglary.
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22 | (c) Except as otherwise provided in paragraph (a), (d), or | ||||||
23 | (e), no minor
shall
be detained in a county jail or municipal | ||||||
24 | lockup for more than 12 hours, unless
the offense is a crime of | ||||||
25 | violence in which case the minor may be detained up
to 24 | ||||||
26 | hours. For the purpose of this paragraph, "crime of violence" |
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1 | has the
meaning
ascribed to it in Section 1-10 of the | ||||||
2 | Alcoholism and Other Drug Abuse and
Dependency Act.
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3 | (i) The
period of detention is deemed to have begun | ||||||
4 | once the minor has been placed in a
locked room or cell or | ||||||
5 | handcuffed to a stationary object in a building housing
a | ||||||
6 | county jail or municipal lockup. Time spent transporting a | ||||||
7 | minor is not
considered to be time in detention or secure | ||||||
8 | custody.
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9 | (ii) Any minor so
confined shall be under periodic | ||||||
10 | supervision and shall not be permitted to come
into or | ||||||
11 | remain in contact with adults in custody in the building.
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12 | (iii) Upon
placement in secure custody in a jail or | ||||||
13 | lockup, the
minor shall be informed of the purpose of the | ||||||
14 | detention, the time it is
expected to last and the fact | ||||||
15 | that it cannot exceed the time specified under
this Act.
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16 | (iv) A log shall
be kept which shows the offense which | ||||||
17 | is the basis for the detention, the
reasons and | ||||||
18 | circumstances for the decision to detain and the length of | ||||||
19 | time the
minor was in detention.
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20 | (v) Violation of the time limit on detention
in a | ||||||
21 | county jail or municipal lockup shall not, in and of | ||||||
22 | itself, render
inadmissible evidence obtained as a result | ||||||
23 | of the violation of this
time limit. Minors under 17 years | ||||||
24 | of age shall be kept separate from confined
adults and may | ||||||
25 | not at any time be kept in the same cell, room or yard with
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26 | adults confined pursuant to criminal law. Persons 17 years |
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1 | of age and older
who have a petition of delinquency filed | ||||||
2 | against them may be
confined in an
adult detention | ||||||
3 | facility.
In making a determination whether to confine a | ||||||
4 | person 17 years of age or
older
who has a petition of | ||||||
5 | delinquency filed against the person, these factors,
among | ||||||
6 | other matters, shall be considered:
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7 | (A) The age of the person;
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8 | (B) Any previous delinquent or criminal history of | ||||||
9 | the person;
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10 | (C) Any previous abuse or neglect history of the | ||||||
11 | person; and
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12 | (D) Any mental health or educational history of the | ||||||
13 | person, or both.
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14 | (d) (i) If a minor 12 years of age or older is confined in a | ||||||
15 | county jail
in a
county with a population below 3,000,000 | ||||||
16 | inhabitants, then the minor's
confinement shall be implemented | ||||||
17 | in such a manner that there will be no contact
by sight, sound | ||||||
18 | or otherwise between the minor and adult prisoners. Minors
12 | ||||||
19 | years of age or older must be kept separate from confined | ||||||
20 | adults and may not
at any time
be kept in the same cell, room, | ||||||
21 | or yard with confined adults. This paragraph
(d)(i) shall only | ||||||
22 | apply to confinement pending an adjudicatory hearing and
shall | ||||||
23 | not exceed 40 hours, excluding Saturdays, Sundays and court | ||||||
24 | designated
holidays. To accept or hold minors during this time | ||||||
25 | period, county jails shall
comply with all monitoring standards | ||||||
26 | promulgated by the Department of
Corrections and training |
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1 | standards approved by the Illinois Law Enforcement
Training | ||||||
2 | Standards Board.
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3 | (ii) To accept or hold minors, 12 years of age or older, | ||||||
4 | after the time
period
prescribed in paragraph (d)(i) of this | ||||||
5 | subsection (2) of this Section but not
exceeding 7 days | ||||||
6 | including Saturdays, Sundays and holidays pending an
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7 | adjudicatory hearing, county jails shall comply with all | ||||||
8 | temporary detention
standards promulgated by the Department of | ||||||
9 | Corrections and training standards
approved by the Illinois Law | ||||||
10 | Enforcement Training Standards Board.
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11 | (iii) To accept or hold minors 12 years of age or older, | ||||||
12 | after the time
period prescribed in paragraphs (d)(i) and | ||||||
13 | (d)(ii) of this subsection (2) of
this
Section, county jails | ||||||
14 | shall comply with all programmatic and training standards
for | ||||||
15 | juvenile detention homes promulgated by the Department of | ||||||
16 | Corrections.
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17 | (e) When a minor who is at least 15 years of age is | ||||||
18 | prosecuted under the
criminal laws of this State,
the court may | ||||||
19 | enter an order directing that the juvenile be confined
in the | ||||||
20 | county jail. However, any juvenile confined in the county jail | ||||||
21 | under
this provision shall be separated from adults who are | ||||||
22 | confined in the county
jail in such a manner that there will be | ||||||
23 | no contact by sight, sound or
otherwise between the juvenile | ||||||
24 | and adult prisoners.
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25 | (f) For purposes of appearing in a physical lineup, the | ||||||
26 | minor may be taken
to a county jail or municipal lockup under |
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1 | the direct and constant supervision
of a juvenile police | ||||||
2 | officer. During such time as is necessary to conduct a
lineup, | ||||||
3 | and while supervised by a juvenile police officer, the sight | ||||||
4 | and sound
separation provisions shall not apply.
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5 | (g) For purposes of processing a minor, the minor may be | ||||||
6 | taken to a County
Jail or municipal lockup under the direct and | ||||||
7 | constant supervision of a law
enforcement officer or | ||||||
8 | correctional officer. During such time as is necessary
to | ||||||
9 | process the minor, and while supervised by a law enforcement | ||||||
10 | officer or
correctional officer, the sight and sound separation | ||||||
11 | provisions shall not
apply.
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12 | (3) If the probation officer or State's Attorney (or such | ||||||
13 | other public
officer designated by the court in a county having | ||||||
14 | 3,000,000 or more
inhabitants) determines that the minor may be | ||||||
15 | a delinquent minor as described
in subsection (3) of Section | ||||||
16 | 5-105, and should be retained in custody but does
not require
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17 | physical restriction, the minor may be placed in non-secure | ||||||
18 | custody for up to
40 hours pending a detention hearing.
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19 | (4) Any minor taken into temporary custody, not requiring | ||||||
20 | secure
detention, may, however, be detained in the home of his | ||||||
21 | or her parent or
guardian subject to such conditions as the | ||||||
22 | court may impose.
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23 | (Source: P.A. 93-255, eff. 1-1-04.)
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24 | Section 15. The Unified Code of Corrections is amended by | ||||||
25 | changing Section 3-10-8 as follows:
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1 | (730 ILCS 5/3-10-8) (from Ch. 38, par. 1003-10-8)
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2 | Sec. 3-10-8. Discipline.) | ||||||
3 | (a)(1) Corporal punishment and and
disciplinary | ||||||
4 | restrictions on diet, medical or sanitary facilities,
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5 | clothing, bedding or mail are prohibited, as are reductions in
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6 | the frequency of use of toilets, washbowls and showers.
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7 | (2) Disciplinary restrictions on visitation, work, | ||||||
8 | education
or program assignments, the use of toilets, washbowls
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9 | and showers shall be related as closely as practicable to
abuse | ||||||
10 | of such privileges or facilities. This paragraph shall
not | ||||||
11 | apply to segregation or isolation of persons for purposes
of | ||||||
12 | institutional control.
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13 | (3) No person committed to the Department of Juvenile | ||||||
14 | Justice may be
isolated for disciplinary reasons for more than | ||||||
15 | 7 consecutive
days nor more than 15 days out of any 30 day | ||||||
16 | period except in
cases of violence or attempted violence | ||||||
17 | committed against
another person or property when an additional | ||||||
18 | period of
isolation for disciplinary reasons is approved by the | ||||||
19 | chief
administrative officer. A person who has been isolated | ||||||
20 | for
24 hours or more shall be interviewed daily by his staff
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21 | counselor or other staff member.
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22 | (b) The Department of Juvenile Justice shall establish | ||||||
23 | rules and
regulations governing disciplinary practices, the | ||||||
24 | penalties
for violation thereof, and the disciplinary | ||||||
25 | procedure by which
such penalties may be imposed. The rules of |
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1 | behavior shall be
made known to each committed person, and the | ||||||
2 | discipline shall
be suited to the infraction and fairly | ||||||
3 | applied.
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4 | (c) All disciplinary action imposed upon persons in
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5 | institutions and facilities of the Department of Juvenile | ||||||
6 | Justice shall
be consistent with this Section and Department | ||||||
7 | rules and
regulations adopted hereunder.
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8 | (d) Disciplinary action imposed under this Section shall be
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9 | reviewed by the grievance procedure under Section 3-8-8.
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10 | (e) A written report of any infraction for which discipline
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11 | is imposed shall be filed with the chief administrative officer
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12 | within 72 hours of the occurrence of the infraction or the
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13 | discovery of it and such report shall be placed in the file
of | ||||||
14 | the institution or facility.
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15 | (f) All institutions and facilities of the Department of | ||||||
16 | Juvenile Justice
shall establish, subject to the approval of | ||||||
17 | the Director of Juvenile Justice,
procedures for disciplinary | ||||||
18 | cases except those that may
involve the imposition of | ||||||
19 | disciplinary isolation; delay in
referral to the Parole and | ||||||
20 | Pardon Board or a change in work,
education or other program | ||||||
21 | assignment of more than 7 days duration.
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22 | (g) In disciplinary cases which may involve the imposition
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23 | of disciplinary isolation, delay in referral to the Parole
and | ||||||
24 | Pardon Board, or a change in work, education or other
program | ||||||
25 | assignment of more than 7 days duration, the Director
shall | ||||||
26 | establish disciplinary procedures consistent with the
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1 | following principles:
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2 | (1) Any person or persons who initiate a disciplinary | ||||||
3 | charge
against a person shall not decide the charge. To the | ||||||
4 | extent
possible, a person representing the counseling | ||||||
5 | staff of the
institution or facility shall participate in | ||||||
6 | deciding the
disciplinary case.
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7 | (2) Any committed person charged with a violation of
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8 | Department rules of behavior shall be given notice of the
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9 | charge including a statement of the misconduct alleged and | ||||||
10 | of
the rules this conduct is alleged to violate.
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11 | (3) Any person charged with a violation of rules is | ||||||
12 | entitled
to a hearing on that charge at which time he shall | ||||||
13 | have an
opportunity to appear before and address the person | ||||||
14 | or persons
deciding the charge.
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15 | (4) The person or persons deciding the charge may also | ||||||
16 | summon
to testify any witnesses or other persons with | ||||||
17 | relevant
knowledge of the incident. The person charged may | ||||||
18 | be
permitted to question any person so summoned.
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19 | (5) If the charge is sustained, the person charged is | ||||||
20 | entitled
to a written statement of the decision by the | ||||||
21 | persons deciding
the charge which shall include the basis | ||||||
22 | for the decision and
the disciplinary action, if any, to be | ||||||
23 | imposed.
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24 | (6) A change in work, education, or other program | ||||||
25 | assignment
shall not be used for disciplinary purposes | ||||||
26 | except as provided
in paragraph (a) of the Section and then |
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1 | only after review and
approval under Section 3-10-3.
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2 | (Source: P.A. 94-696, eff. 6-1-06 .)
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