101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2981

 

Introduced 2/4/2020, by Sen. Jil Tracy

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-410

    Amends the Juvenile Court Act of 1987. Provides that any minor 10 years of age or older arrested or taken into custody under the Act for vehicular hijacking or aggravated vehicular hijacking shall be detained in an authorized detention facility until a detention or shelter care hearing is held to determine if there is probable cause to believe that the minor is a delinquent minor and that: (1) secure custody is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another; (2) the minor is likely to flee the jurisdiction of the court; or (3) the minor was taken into custody under a warrant. Provides that if the court makes that determination, the minor shall continue to be held until the disposition of an adjudicatory hearing under the Delinquent Minors Article of the Act.


LRB101 18430 RLC 67878 b

 

 

A BILL FOR

 

SB2981LRB101 18430 RLC 67878 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 5-410 as follows:
 
6    (705 ILCS 405/5-410)
7    Sec. 5-410. Non-secure custody or detention.
8    (1) Any minor arrested or taken into custody pursuant to
9this Act who requires care away from his or her home but who
10does not require physical restriction shall be given temporary
11care in a foster family home or other shelter facility
12designated by the court.
13    (2) (a) Any minor 10 years of age or older arrested
14pursuant to this Act where there is probable cause to believe
15that the minor is a delinquent minor and that (i) secure
16custody is a matter of immediate and urgent necessity for the
17protection of the minor or of the person or property of
18another, (ii) the minor is likely to flee the jurisdiction of
19the court, or (iii) the minor was taken into custody under a
20warrant, may be kept or detained in an authorized detention
21facility. A minor under 13 years of age shall not be admitted,
22kept, or detained in a detention facility unless a local youth
23service provider, including a provider through the

 

 

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1Comprehensive Community Based Youth Services network, has been
2contacted and has not been able to accept the minor. No minor
3under 12 years of age shall be detained in a county jail or a
4municipal lockup for more than 6 hours.
5    (a-5) For a minor arrested or taken into custody for
6vehicular hijacking or aggravated vehicular hijacking, a
7previous finding of delinquency for vehicular hijacking or
8aggravated vehicular hijacking shall be given greater weight in
9determining whether secured custody of a minor is a matter of
10immediate and urgent necessity for the protection of the minor
11or of the person or property of another.
12    (b) The written authorization of the probation officer or
13detention officer (or other public officer designated by the
14court in a county having 3,000,000 or more inhabitants)
15constitutes authority for the superintendent of any juvenile
16detention home to detain and keep a minor for up to 40 hours,
17excluding Saturdays, Sundays, and court-designated holidays.
18These records shall be available to the same persons and
19pursuant to the same conditions as are law enforcement records
20as provided in Section 5-905.
21    (b-4) The consultation required by paragraph (b-5) shall
22not be applicable if the probation officer or detention officer
23(or other public officer designated by the court in a county
24having 3,000,000 or more inhabitants) utilizes a scorable
25detention screening instrument, which has been developed with
26input by the State's Attorney, to determine whether a minor

 

 

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1should be detained, however, paragraph (b-5) shall still be
2applicable where no such screening instrument is used or where
3the probation officer, detention officer (or other public
4officer designated by the court in a county having 3,000,000 or
5more inhabitants) deviates from the screening instrument.
6    (b-5) Subject to the provisions of paragraph (b-4), if a
7probation officer or detention officer (or other public officer
8designated by the court in a county having 3,000,000 or more
9inhabitants) does not intend to detain a minor for an offense
10which constitutes one of the following offenses he or she shall
11consult with the State's Attorney's Office prior to the release
12of the minor: first degree murder, second degree murder,
13involuntary manslaughter, criminal sexual assault, aggravated
14criminal sexual assault, aggravated battery with a firearm as
15described in Section 12-4.2 or subdivision (e)(1), (e)(2),
16(e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous
17battery involving permanent disability or disfigurement or
18great bodily harm, robbery, aggravated robbery, armed robbery,
19vehicular hijacking, aggravated vehicular hijacking, vehicular
20invasion, arson, aggravated arson, kidnapping, aggravated
21kidnapping, home invasion, burglary, or residential burglary.
22Any minor 10 years of age or older arrested or taken into
23custody under this Act for vehicular hijacking or aggravated
24vehicular hijacking shall be detained in an authorized
25detention facility until a detention or shelter care hearing is
26held to determine if there is probable cause to believe that

 

 

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1the minor is a delinquent minor and that: (1) secure custody is
2a matter of immediate and urgent necessity for the protection
3of the minor or of the person or property of another; (2) the
4minor is likely to flee the jurisdiction of the court; or (3)
5the minor was taken into custody under a warrant. If the court
6makes that determination, the minor shall continue to be held
7until the disposition of an adjudicatory hearing under this
8Article.
9    (c) Except as otherwise provided in paragraph (a), (d), or
10(e), no minor shall be detained in a county jail or municipal
11lockup for more than 12 hours, unless the offense is a crime of
12violence in which case the minor may be detained up to 24
13hours. For the purpose of this paragraph, "crime of violence"
14has the meaning ascribed to it in Section 1-10 of the
15Alcoholism and Other Drug Abuse and Dependency Act.
16        (i) The period of detention is deemed to have begun
17    once the minor has been placed in a locked room or cell or
18    handcuffed to a stationary object in a building housing a
19    county jail or municipal lockup. Time spent transporting a
20    minor is not considered to be time in detention or secure
21    custody.
22        (ii) Any minor so confined shall be under periodic
23    supervision and shall not be permitted to come into or
24    remain in contact with adults in custody in the building.
25        (iii) Upon placement in secure custody in a jail or
26    lockup, the minor shall be informed of the purpose of the

 

 

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1    detention, the time it is expected to last and the fact
2    that it cannot exceed the time specified under this Act.
3        (iv) A log shall be kept which shows the offense which
4    is the basis for the detention, the reasons and
5    circumstances for the decision to detain, and the length of
6    time the minor was in detention.
7        (v) Violation of the time limit on detention in a
8    county jail or municipal lockup shall not, in and of
9    itself, render inadmissible evidence obtained as a result
10    of the violation of this time limit. Minors under 18 years
11    of age shall be kept separate from confined adults and may
12    not at any time be kept in the same cell, room, or yard
13    with adults confined pursuant to criminal law. Persons 18
14    years of age and older who have a petition of delinquency
15    filed against them may be confined in an adult detention
16    facility. In making a determination whether to confine a
17    person 18 years of age or older who has a petition of
18    delinquency filed against the person, these factors, among
19    other matters, shall be considered:
20            (A) the age of the person;
21            (B) any previous delinquent or criminal history of
22        the person;
23            (C) any previous abuse or neglect history of the
24        person; and
25            (D) any mental health or educational history of the
26        person, or both.

 

 

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1    (d) (i) If a minor 12 years of age or older is confined in a
2county jail in a county with a population below 3,000,000
3inhabitants, then the minor's confinement shall be implemented
4in such a manner that there will be no contact by sight, sound,
5or otherwise between the minor and adult prisoners. Minors 12
6years of age or older must be kept separate from confined
7adults and may not at any time be kept in the same cell, room,
8or yard with confined adults. This paragraph (d)(i) shall only
9apply to confinement pending an adjudicatory hearing and shall
10not exceed 40 hours, excluding Saturdays, Sundays, and
11court-designated holidays. To accept or hold minors during this
12time period, county jails shall comply with all monitoring
13standards adopted by the Department of Corrections and training
14standards approved by the Illinois Law Enforcement Training
15Standards Board.
16    (ii) To accept or hold minors, 12 years of age or older,
17after the time period prescribed in paragraph (d)(i) of this
18subsection (2) of this Section but not exceeding 7 days
19including Saturdays, Sundays, and holidays pending an
20adjudicatory hearing, county jails shall comply with all
21temporary detention standards adopted by the Department of
22Corrections and training standards approved by the Illinois Law
23Enforcement Training Standards Board.
24    (iii) To accept or hold minors 12 years of age or older,
25after the time period prescribed in paragraphs (d)(i) and
26(d)(ii) of this subsection (2) of this Section, county jails

 

 

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1shall comply with all county juvenile detention standards
2adopted by the Department of Juvenile Justice.
3    (e) When a minor who is at least 15 years of age is
4prosecuted under the criminal laws of this State, the court may
5enter an order directing that the juvenile be confined in the
6county jail. However, any juvenile confined in the county jail
7under this provision shall be separated from adults who are
8confined in the county jail in such a manner that there will be
9no contact by sight, sound or otherwise between the juvenile
10and adult prisoners.
11    (f) For purposes of appearing in a physical lineup, the
12minor may be taken to a county jail or municipal lockup under
13the direct and constant supervision of a juvenile police
14officer. During such time as is necessary to conduct a lineup,
15and while supervised by a juvenile police officer, the sight
16and sound separation provisions shall not apply.
17    (g) For purposes of processing a minor, the minor may be
18taken to a county jail or municipal lockup under the direct and
19constant supervision of a law enforcement officer or
20correctional officer. During such time as is necessary to
21process the minor, and while supervised by a law enforcement
22officer or correctional officer, the sight and sound separation
23provisions shall not apply.
24    (3) If the probation officer or State's Attorney (or such
25other public officer designated by the court in a county having
263,000,000 or more inhabitants) determines that the minor may be

 

 

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1a delinquent minor as described in subsection (3) of Section
25-105, and should be retained in custody but does not require
3physical restriction, the minor may be placed in non-secure
4custody for up to 40 hours pending a detention hearing.
5    (4) Any minor taken into temporary custody, not requiring
6secure detention, may, however, be detained in the home of his
7or her parent or guardian subject to such conditions as the
8court may impose.
9    (5) The changes made to this Section by Public Act 98-61
10apply to a minor who has been arrested or taken into custody on
11or after January 1, 2014 (the effective date of Public Act
1298-61).
13(Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)