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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 5. The Juvenile Court Act of 1987 is amended by | |||||||||||||||||||||
5 | changing Sections 5-415 and 5-501 as follows:
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6 | (705 ILCS 405/5-415)
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7 | Sec. 5-415. Setting of detention or shelter care hearing; | |||||||||||||||||||||
8 | release.
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9 | (1) Unless sooner released, a minor alleged to be a | |||||||||||||||||||||
10 | delinquent minor taken
into temporary custody must be brought | |||||||||||||||||||||
11 | before a judicial officer within 40
hours for a detention or | |||||||||||||||||||||
12 | shelter care hearing to determine whether he or she
shall be
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13 | further held in custody. If a minor alleged to be a delinquent | |||||||||||||||||||||
14 | minor taken into
custody is hospitalized or is receiving | |||||||||||||||||||||
15 | treatment for a physical or mental
condition, and is unable to | |||||||||||||||||||||
16 | be brought before a judicial officer for a
detention or shelter | |||||||||||||||||||||
17 | care hearing, the 40 hour period will not commence until
the | |||||||||||||||||||||
18 | minor is released from the hospital or place of treatment. If | |||||||||||||||||||||
19 | the minor
gives false information to law enforcement officials | |||||||||||||||||||||
20 | regarding the minor's
identity or age, the 40 hour period will | |||||||||||||||||||||
21 | not commence until the court rules
that the minor is subject to | |||||||||||||||||||||
22 | this Act and not subject to prosecution under the
Criminal Code | |||||||||||||||||||||
23 | of 1961. Any
other delay attributable to a minor alleged to be |
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1 | a delinquent minor who is
taken into temporary custody shall | ||||||
2 | act to toll the 40 hour time period. In all
cases, the 40 hour | ||||||
3 | time period is exclusive of Saturdays, Sundays and
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4 | court-designated holidays.
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5 | (2) If the State's Attorney or probation officer (or other | ||||||
6 | public
officer designated by the court in a county having more | ||||||
7 | than 3,000,000
inhabitants) determines that the minor should be | ||||||
8 | retained in custody, he or she
shall
cause a petition to be | ||||||
9 | filed as provided in Section 5-520 of this Article, and
the | ||||||
10 | clerk of the court shall set the matter for hearing on the | ||||||
11 | detention or
shelter care hearing calendar. Immediately upon | ||||||
12 | the filing of a petition in the case of a minor retained in | ||||||
13 | custody, the court shall cause counsel to be appointed to | ||||||
14 | represent the minor. When a parent, legal guardian, custodian, | ||||||
15 | or
responsible relative is present and so requests, the | ||||||
16 | detention or shelter care
hearing shall be held immediately if | ||||||
17 | the court is in session
and the State is ready to proceed, | ||||||
18 | otherwise at the earliest feasible time.
In no event shall a | ||||||
19 | detention or shelter care hearing be held until the minor has | ||||||
20 | had adequate opportunity to consult with counsel. The probation | ||||||
21 | officer or such other public officer designated by the court in | ||||||
22 | a
county having more than 3,000,000 inhabitants shall notify | ||||||
23 | the minor's parent,
legal guardian, custodian, or responsible | ||||||
24 | relative of the time and place of the
hearing. The notice may | ||||||
25 | be given orally.
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26 | (3) The minor must be released from custody at the |
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1 | expiration of the 40
hour period specified by this Section if | ||||||
2 | not brought before a judicial officer
within that period.
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3 | (4) After the initial 40 hour period has lapsed, the court | ||||||
4 | may review the
minor's custodial status at any time prior to | ||||||
5 | the trial or sentencing
hearing. If during this time period new | ||||||
6 | or additional information becomes
available concerning the | ||||||
7 | minor's conduct, the court may conduct a hearing to
determine | ||||||
8 | whether the minor should be placed in a detention or shelter | ||||||
9 | care
facility. If the court finds that there is probable cause | ||||||
10 | that the minor is a
delinquent minor and that it is a matter of | ||||||
11 | immediate and urgent necessity for
the protection of the minor | ||||||
12 | or of the person or property of another, or that he
or she is | ||||||
13 | likely to flee the jurisdiction of the court, the court may | ||||||
14 | order
that the minor be placed in detention or shelter care.
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15 | (Source: P.A. 90-590, eff. 1-1-99.)
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16 | (705 ILCS 405/5-501)
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17 | Sec. 5-501. Detention or shelter care hearing. At the | ||||||
18 | appearance of the minor before the court at the detention or | ||||||
19 | shelter
care hearing,
the court shall receive all relevant | ||||||
20 | information and evidence, including
affidavits concerning the | ||||||
21 | allegations made in the petition. Evidence used by
the court in | ||||||
22 | its findings or stated in or offered in connection with this
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23 | Section may be by way of proffer based on reliable information | ||||||
24 | offered by the
State or minor. All evidence shall be admissible | ||||||
25 | if it is relevant and
reliable regardless of whether it would |
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1 | be admissible under the rules of
evidence applicable at a | ||||||
2 | trial. No hearing may be held unless the minor is
represented | ||||||
3 | by counsel and no hearing shall be held until the minor has had | ||||||
4 | adequate opportunity to consult with counsel .
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5 | (1) If the court finds that there is not probable cause to | ||||||
6 | believe that the
minor is a delinquent minor it shall release | ||||||
7 | the minor and dismiss the
petition.
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8 | (2) If the court finds that there is probable cause to | ||||||
9 | believe that the
minor is a
delinquent minor, the minor, his or | ||||||
10 | her parent, guardian, custodian and other
persons able to give | ||||||
11 | relevant testimony may be examined before the court. The
court | ||||||
12 | may also consider any evidence by way of proffer based upon | ||||||
13 | reliable
information offered by the State or the minor. All | ||||||
14 | evidence, including
affidavits, shall be admissible if it is | ||||||
15 | relevant and reliable regardless of
whether it would be | ||||||
16 | admissible under the rules of evidence applicable at trial.
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17 | After such evidence is presented, the court may enter an order | ||||||
18 | that the minor
shall be released upon the request of a parent, | ||||||
19 | guardian or legal custodian if
the parent, guardian or | ||||||
20 | custodian appears to take custody.
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21 | If the court finds that it is a matter of immediate and | ||||||
22 | urgent necessity for
the protection of the minor or of the | ||||||
23 | person or property of another that the
minor be detained or | ||||||
24 | placed in a
shelter care facility or that he or she is likely | ||||||
25 | to flee the jurisdiction of
the court, the court may prescribe | ||||||
26 | detention or shelter care and order that the
minor be kept in a |
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1 | suitable place designated by the court or in a shelter care
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2 | facility designated by the Department of Children and Family | ||||||
3 | Services or a
licensed child welfare agency; otherwise it shall | ||||||
4 | release the minor from
custody. If the court prescribes shelter | ||||||
5 | care, then in placing the minor, the
Department or other agency | ||||||
6 | shall, to the extent compatible with the court's
order, comply | ||||||
7 | with Section 7 of the Children and Family Services Act. In
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8 | making the determination of the existence of immediate and | ||||||
9 | urgent necessity,
the court shall consider among other matters: | ||||||
10 | (a) the nature and seriousness of
the alleged offense; (b) the | ||||||
11 | minor's record of delinquency offenses,
including whether the | ||||||
12 | minor has delinquency cases pending; (c) the minor's
record of | ||||||
13 | willful failure to appear following the issuance of a summons | ||||||
14 | or
warrant; (d) the availability of non-custodial | ||||||
15 | alternatives, including the
presence of a parent, guardian or | ||||||
16 | other responsible relative able and willing
to provide | ||||||
17 | supervision and care for the minor and to assure his or her
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18 | compliance with a summons. If the minor is ordered placed in a | ||||||
19 | shelter care
facility of a licensed child welfare agency, the | ||||||
20 | court shall, upon request of
the agency, appoint the | ||||||
21 | appropriate agency executive temporary custodian of the
minor | ||||||
22 | and the court may enter such other orders related to the | ||||||
23 | temporary
custody of the minor as it deems fit and proper.
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24 | The order together with the court's findings of fact in | ||||||
25 | support of the order
shall
be entered
of record in the court.
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26 | Once the court finds that it is a matter of immediate and |
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1 | urgent necessity
for the protection of the minor that the minor | ||||||
2 | be placed in a shelter care
facility, the minor shall not be | ||||||
3 | returned to the parent, custodian or guardian
until the court | ||||||
4 | finds that the placement is no longer necessary for the
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5 | protection of the minor.
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6 | (3) Only when there is reasonable cause to believe that the | ||||||
7 | minor taken
into custody is a delinquent minor may the minor be | ||||||
8 | kept or detained in a
facility authorized for juvenile | ||||||
9 | detention. This Section shall in no way be
construed to limit
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10 | subsection (4).
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11 | (4) Minors 12 years of age or older must be kept separate | ||||||
12 | from confined
adults and may not at any time be kept in the | ||||||
13 | same cell, room or yard with
confined adults. This paragraph | ||||||
14 | (4):
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15 | (a) shall only apply to confinement pending an | ||||||
16 | adjudicatory hearing
and
shall not exceed 40 hours, | ||||||
17 | excluding Saturdays, Sundays, and court designated
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18 | holidays. To accept or hold minors during this time period, | ||||||
19 | county jails shall
comply with all monitoring standards for | ||||||
20 | juvenile detention homes promulgated
by the Department of | ||||||
21 | Corrections and training standards approved by the
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22 | Illinois Law Enforcement Training Standards Board.
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23 | (b) To accept or hold minors, 12 years of age or older, | ||||||
24 | after the time
period prescribed in clause (a) of | ||||||
25 | subsection (4) of this Section but not
exceeding 7
days | ||||||
26 | including Saturdays, Sundays, and holidays, pending an |
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1 | adjudicatory
hearing, county jails shall comply with all | ||||||
2 | temporary detention standards
promulgated by
the | ||||||
3 | Department of Corrections and training standards approved | ||||||
4 | by the Illinois
Law Enforcement Training Standards Board.
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5 | (c) To accept or hold minors 12 years of age or older, | ||||||
6 | after the time
period prescribed in clause (a) and (b), of | ||||||
7 | this subsection county jails shall
comply with all | ||||||
8 | programmatic and training standards for juvenile detention
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9 | homes promulgated by the Department of Corrections.
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10 | (5) If the minor is not brought before a judicial officer | ||||||
11 | within the time
period as specified in Section 5-415 the minor | ||||||
12 | must immediately be released
from
custody.
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13 | (6) If neither the parent, guardian or legal custodian | ||||||
14 | appears within 24
hours to take custody of a minor released | ||||||
15 | from detention or shelter care, then
the clerk of the court | ||||||
16 | shall set the matter for rehearing not later than 7 days
after | ||||||
17 | the original order and shall issue a summons directed to the | ||||||
18 | parent,
guardian or legal custodian to appear. At the same time | ||||||
19 | the probation
department shall prepare a report on the minor. | ||||||
20 | If a parent, guardian or legal
custodian does not appear at | ||||||
21 | such rehearing, the judge may enter an order
prescribing that | ||||||
22 | the minor be kept in a suitable place designated by the
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23 | Department of Human Services or a licensed child welfare | ||||||
24 | agency.
The time during which a minor is in custody after being | ||||||
25 | released upon the
request of a parent, guardian or legal | ||||||
26 | custodian shall be considered as time
spent in detention for |
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1 | purposes of scheduling the trial.
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2 | (7) Any party, including the State, the temporary | ||||||
3 | custodian, an agency
providing services to the minor or family | ||||||
4 | under a service plan pursuant to
Section 8.2 of the Abused and | ||||||
5 | Neglected Child Reporting Act, foster parent, or
any of their | ||||||
6 | representatives, may file a
motion to modify or vacate a | ||||||
7 | temporary custody order or vacate a detention or
shelter care | ||||||
8 | order on any of the following grounds:
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9 | (a) It is no longer a matter of immediate and urgent | ||||||
10 | necessity that the
minor remain in detention or shelter | ||||||
11 | care; or
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12 | (b) There is a material change in the circumstances of | ||||||
13 | the natural family
from which the minor was removed; or
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14 | (c) A person, including a parent, relative or legal | ||||||
15 | guardian, is capable
of assuming temporary custody of the | ||||||
16 | minor; or
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17 | (d) Services provided by the Department of Children and | ||||||
18 | Family Services
or a
child welfare agency or other service | ||||||
19 | provider have been successful in
eliminating the need for | ||||||
20 | temporary custody.
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21 | The clerk shall set the matter for hearing not later than | ||||||
22 | 14 days after such
motion is filed. In the event that the court | ||||||
23 | modifies or vacates a temporary
order but does not vacate its | ||||||
24 | finding of probable cause, the court may order
that appropriate | ||||||
25 | services be continued or initiated in behalf of the minor and
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26 | his or her family.
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1 | (8) Whenever a petition has been filed under Section 5-520 | ||||||
2 | the court can,
at
any time prior to trial or sentencing, order | ||||||
3 | that the minor be placed in
detention or a shelter care | ||||||
4 | facility after the court conducts a hearing and
finds that the | ||||||
5 | conduct and behavior of the minor may endanger the health,
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6 | person, welfare, or property of himself or others or that the | ||||||
7 | circumstances
of his or her home environment may endanger his | ||||||
8 | or her health, person, welfare
or property.
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9 | (Source: P.A. 90-590, eff. 1-1-99.)
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