Full Text of HB1084 103rd General Assembly
HB1084 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB1084 Introduced 1/12/2023, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
|
705 ILCS 405/5-410 |
|
730 ILCS 5/3-15-2 | from Ch. 38, par. 1003-15-2 |
|
Amends the Unified Code of Corrections. Provides that a minor placed in a State or county juvenile detention facility may not be placed in isolation for discipline, punishment, retaliation,
or any other reason except as a temporary response to a
minor's behavior that poses a serious and immediate risk of
physical harm to any individual, including the minor.
Provides that if a minor placed in a State or county juvenile detention facility poses a serious and immediate
risk of physical harm to any individual, including the
minor, before a staff member of the facility places the minor in isolation, the staff member shall
attempt to use other less restrictive options, unless
attempting those options poses a threat to the safety or
security of any minor or staff.
Limits the amount of time the minor may be placed in isolation. Amends the Juvenile Court Act of 1987 to make conforming changes.
|
| |
| | A BILL FOR |
|
| | | HB1084 | | LRB103 05019 RLC 50032 b |
|
| 1 | | AN ACT concerning minors.
| 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 5-410 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 | 9 | | this Act who
requires care away from his or her home but who | 10 | | does not require physical
restriction shall be given temporary | 11 | | care in a foster family home or other
shelter facility | 12 | | designated by the court.
| 13 | | (2) (a) Any minor 10 years of age or older arrested
| 14 | | pursuant to this Act where there is probable cause to believe | 15 | | that the minor
is a delinquent minor and that
(i) secure | 16 | | custody is a matter of immediate and urgent necessity for the
| 17 | | protection of the minor or of the person or property of | 18 | | another, (ii) the minor
is likely to flee the jurisdiction of | 19 | | the court, or (iii) the minor was taken
into custody under a | 20 | | warrant, may be kept or detained in an authorized
detention | 21 | | facility. A minor under 13 years of age shall not be admitted, | 22 | | kept, or detained in a detention facility unless a local youth | 23 | | service provider, including a provider through the |
| | | HB1084 | - 2 - | LRB103 05019 RLC 50032 b |
|
| 1 | | Comprehensive Community Based Youth Services network, has been | 2 | | contacted and has not been able to accept the minor. No minor | 3 | | under 12 years of age shall be detained in a
county jail or a | 4 | | municipal lockup for more than 6 hours.
| 5 | | (a-5) For a minor arrested or taken into custody for | 6 | | vehicular hijacking or aggravated vehicular hijacking, a | 7 | | previous finding of delinquency for vehicular hijacking or | 8 | | aggravated vehicular hijacking shall be given greater weight | 9 | | in determining whether secured custody of a minor is a matter | 10 | | of immediate and urgent necessity for the protection of the | 11 | | minor or of the person or property of another. | 12 | | (b) The written authorization of the probation officer or | 13 | | detention officer
(or other public officer designated by the | 14 | | court in a county having
3,000,000 or more inhabitants) | 15 | | constitutes authority for the superintendent of
any juvenile | 16 | | detention home to detain and keep a minor for up to 40 hours,
| 17 | | excluding Saturdays, Sundays, and court-designated holidays. | 18 | | These
records shall be available to the same persons and | 19 | | pursuant to the same
conditions as are law enforcement records | 20 | | as provided in Section 5-905.
| 21 | | (b-4) The consultation required by paragraph (b-5) shall | 22 | | not be applicable
if the probation officer or detention | 23 | | officer (or other public officer
designated
by the court in a
| 24 | | county having 3,000,000 or more inhabitants) utilizes a | 25 | | scorable detention
screening instrument, which has been | 26 | | developed with input by the State's
Attorney, to
determine |
| | | HB1084 | - 3 - | LRB103 05019 RLC 50032 b |
|
| 1 | | whether a minor should be detained, however, paragraph (b-5) | 2 | | shall
still be applicable where no such screening instrument | 3 | | is used or where the
probation officer, detention officer (or | 4 | | other public officer designated by the
court in a county
| 5 | | having 3,000,000 or more inhabitants) deviates from the | 6 | | screening instrument.
| 7 | | (b-5) Subject to the provisions of paragraph (b-4), if a | 8 | | probation officer
or detention officer
(or other public | 9 | | officer designated by
the court in a county having 3,000,000 | 10 | | or more inhabitants) does not intend to
detain a minor for an | 11 | | offense which constitutes one of the following offenses
he or | 12 | | she shall consult with the State's Attorney's Office prior to | 13 | | the release
of the minor: first degree murder, second degree | 14 | | murder, involuntary
manslaughter, criminal sexual assault, | 15 | | aggravated criminal sexual assault,
aggravated battery with a | 16 | | firearm as described in Section 12-4.2 or subdivision (e)(1), | 17 | | (e)(2), (e)(3), or (e)(4) of Section 12-3.05, aggravated or | 18 | | heinous battery involving
permanent disability or | 19 | | disfigurement or great bodily harm, robbery, aggravated
| 20 | | robbery, armed robbery, vehicular hijacking, aggravated | 21 | | vehicular hijacking,
vehicular invasion, arson, aggravated | 22 | | arson, kidnapping, aggravated kidnapping,
home invasion, | 23 | | burglary, or residential burglary.
| 24 | | (c) Except as otherwise provided in paragraph (a), (d), or | 25 | | (e), no minor
shall
be detained in a county jail or municipal | 26 | | lockup for more than 12 hours, unless
the offense is a crime of |
| | | HB1084 | - 4 - | LRB103 05019 RLC 50032 b |
|
| 1 | | violence in which case the minor may be detained up
to 24 | 2 | | hours. For the purpose of this paragraph, "crime of violence" | 3 | | has the
meaning
ascribed to it in Section 1-10 of the | 4 | | Alcoholism and Other Drug Abuse and
Dependency Act.
| 5 | | (i) The
period of detention is deemed to have begun | 6 | | once the minor has been placed in a
locked room or cell or | 7 | | handcuffed to a stationary object in a building housing
a | 8 | | county jail or municipal lockup. Time spent transporting a | 9 | | minor is not
considered to be time in detention or secure | 10 | | custody.
| 11 | | (ii) Any minor so
confined shall be under periodic | 12 | | supervision and shall not be permitted to come
into or | 13 | | remain in contact with adults in custody in the building.
| 14 | | (iii) Upon
placement in secure custody in a jail or | 15 | | lockup, the
minor shall be informed of the purpose of the | 16 | | detention, the time it is
expected to last and the fact | 17 | | that it cannot exceed the time specified under
this Act.
| 18 | | (iv) A log shall
be kept which shows the offense which | 19 | | is the basis for the detention, the
reasons and | 20 | | circumstances for the decision to detain, and the length | 21 | | of time the
minor was in detention.
| 22 | | (v) Violation of the time limit on detention
in a | 23 | | county jail or municipal lockup shall not, in and of | 24 | | itself, render
inadmissible evidence obtained as a result | 25 | | of the violation of this
time limit. Minors under 18 years | 26 | | of age shall be kept separate from confined
adults and may |
| | | HB1084 | - 5 - | LRB103 05019 RLC 50032 b |
|
| 1 | | not at any time be kept in the same cell, room, or yard | 2 | | with
adults confined pursuant to criminal law. Persons 18 | 3 | | years of age and older
who have a petition of delinquency | 4 | | filed against them may be
confined in an
adult detention | 5 | | facility.
In making a determination whether to confine a | 6 | | person 18 years of age or
older
who has a petition of | 7 | | delinquency filed against the person, these factors,
among | 8 | | other matters, shall be considered:
| 9 | | (A) the age of the person;
| 10 | | (B) any previous delinquent or criminal history of | 11 | | the person;
| 12 | | (C) any previous abuse or neglect history of the | 13 | | person; and
| 14 | | (D) any mental health or educational history of | 15 | | the person, or both.
| 16 | | (d) (i) If a minor 12 years of age or older is confined in | 17 | | a county jail
in a
county with a population below 3,000,000 | 18 | | inhabitants, then the minor's
confinement shall be implemented | 19 | | in such a manner that there will be no contact
by sight, sound, | 20 | | or otherwise between the minor and adult prisoners. Minors
12 | 21 | | years of age or older must be kept separate from confined | 22 | | adults and may not
at any time
be kept in the same cell, room, | 23 | | or yard with confined adults. This paragraph
(d)(i) shall only | 24 | | apply to confinement pending an adjudicatory hearing and
shall | 25 | | not exceed 40 hours, excluding Saturdays, Sundays, and | 26 | | court-designated
holidays. To accept or hold minors during |
| | | HB1084 | - 6 - | LRB103 05019 RLC 50032 b |
|
| 1 | | this time period, county jails shall
comply with all | 2 | | monitoring standards adopted by the Department of
Corrections | 3 | | and training standards approved by the Illinois Law | 4 | | Enforcement
Training Standards Board.
| 5 | | (ii) To accept or hold minors, 12 years of age or older, | 6 | | after the time
period
prescribed in paragraph (d)(i) of this | 7 | | subsection (2) of this Section but not
exceeding 7 days | 8 | | including Saturdays, Sundays, and holidays pending an
| 9 | | adjudicatory hearing, county jails shall comply with all | 10 | | temporary detention
standards adopted by the Department of | 11 | | Corrections and training standards
approved by the Illinois | 12 | | Law Enforcement Training Standards Board.
| 13 | | (iii) To accept or hold minors 12 years of age or older, | 14 | | after the time
period prescribed in paragraphs (d)(i) and | 15 | | (d)(ii) of this subsection (2) of
this
Section, county jails | 16 | | shall comply with all county juvenile detention standards , | 17 | | including standards on isolation of minors under Section | 18 | | 3-15-2 of the Unified Code of Corrections, adopted by the | 19 | | Department of Juvenile Justice.
| 20 | | (e) When a minor who is at least 15 years of age is | 21 | | prosecuted under the
criminal laws of this State,
the court | 22 | | may enter an order directing that the juvenile be confined
in | 23 | | the county jail. However, any juvenile confined in the county | 24 | | jail under
this provision shall be separated from adults who | 25 | | are confined in the county
jail in such a manner that there | 26 | | will be no contact by sight, sound or
otherwise between the |
| | | HB1084 | - 7 - | LRB103 05019 RLC 50032 b |
|
| 1 | | juvenile and adult prisoners.
| 2 | | (f) For purposes of appearing in a physical lineup, the | 3 | | minor may be taken
to a county jail or municipal lockup under | 4 | | the direct and constant supervision
of a juvenile police | 5 | | officer. During such time as is necessary to conduct a
lineup, | 6 | | and while supervised by a juvenile police officer, the sight | 7 | | and sound
separation provisions shall not apply.
| 8 | | (g) For purposes of processing a minor, the minor may be | 9 | | taken to a county jail or municipal lockup under the direct and | 10 | | constant supervision of a law
enforcement officer or | 11 | | correctional officer. During such time as is necessary
to | 12 | | process the minor, and while supervised by a law enforcement | 13 | | officer or
correctional officer, the sight and sound | 14 | | separation provisions shall not
apply.
| 15 | | (3) If the probation officer or State's Attorney (or such | 16 | | other public
officer designated by the court in a county | 17 | | having 3,000,000 or more
inhabitants) determines that the | 18 | | minor may be a delinquent minor as described
in subsection (3) | 19 | | of Section 5-105, and should be retained in custody but does
| 20 | | not require
physical restriction, the minor may be placed in | 21 | | non-secure custody for up to
40 hours pending a detention | 22 | | hearing.
| 23 | | (4) Any minor taken into temporary custody, not requiring | 24 | | secure
detention, may, however, be detained in the home of his | 25 | | or her parent or
guardian subject to such conditions as the | 26 | | court may impose.
|
| | | HB1084 | - 8 - | LRB103 05019 RLC 50032 b |
|
| 1 | | (5) The changes made to this Section by Public Act 98-61 | 2 | | apply to a minor who has been arrested or taken into custody on | 3 | | or after January 1, 2014 (the effective date of Public Act | 4 | | 98-61). | 5 | | (Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)
| 6 | | Section 10. The Unified Code of Corrections is amended by | 7 | | changing Section 3-15-2 as follows:
| 8 | | (730 ILCS 5/3-15-2) (from Ch. 38, par. 1003-15-2)
| 9 | | Sec. 3-15-2. Standards and Assistance to Local Jails and | 10 | | Detention
and Shelter Care Facilities. | 11 | | (a) The Department of Corrections shall establish for the | 12 | | operation of county and
municipal jails and houses of | 13 | | correction, minimum standards for the physical
condition of | 14 | | such institutions and for the treatment of inmates with
| 15 | | respect to their health and safety and the security of the | 16 | | community.
| 17 | | (1) The Department of Juvenile Justice shall establish | 18 | | for the operation of county juvenile detention
and shelter | 19 | | care facilities established pursuant to the County Shelter
| 20 | | Care and Detention Home Act, minimum standards for the | 21 | | physical
condition of such institutions and for the | 22 | | treatment of juveniles with
respect to their health and | 23 | | safety and the security of the community.
| 24 | | (2) Such standards shall not apply to county shelter |
| | | HB1084 | - 9 - | LRB103 05019 RLC 50032 b |
|
| 1 | | care facilities which
were in operation prior to January | 2 | | 1, 1980 ; except that standards on isolation of minors | 3 | | placed in those county shelter care facilities under | 4 | | paragraph (3) apply. | 5 | | (3) A minor placed in a State or county juvenile | 6 | | detention facility may not be placed in isolation for | 7 | | discipline, punishment, retaliation,
or any other reason | 8 | | except as as a temporary response to a
minor's behavior | 9 | | that poses a serious and immediate risk of
physical harm | 10 | | to any individual, including the minor.
If a minor placed | 11 | | in a State or county juvenile detention facility poses a | 12 | | serious and immediate
risk of physical harm to any | 13 | | individual, including the
minor, before a staff member of | 14 | | the facility places the minor in isolation, the staff | 15 | | member shall
attempt to use other less restrictive | 16 | | options, unless
attempting those options poses a threat to | 17 | | the safety or
security of any minor or staff.
If the minor | 18 | | is placed in isolation because the minor poses a serious | 19 | | and immediate risk
of physical harm to himself or herself, | 20 | | or to others, the
minor shall be released from isolation | 21 | | immediately upon the minor sufficiently gaining control so | 22 | | as to no longer engage in
behavior that threatens a | 23 | | serious and immediate risk of
physical harm to himself or | 24 | | herself, or to others, but in no event later than: | 25 | | (A) 3 hours after being placed in isolation,
in | 26 | | the case of a minor who poses a serious
and immediate |
| | | HB1084 | - 10 - | LRB103 05019 RLC 50032 b |
|
| 1 | | risk of physical harm to others; or | 2 | | (B) 30 minutes after being placed in isolation, in | 3 | | the case of a minor who
poses a serious and immediate | 4 | | risk of physical harm only to himself or herself. | 5 | | As used in this paragraph (3): | 6 | | "Isolation" means a state of isolation in which a | 7 | | minor is unable to engage in social interactions and | 8 | | religious and recreational activities with other | 9 | | minors placed in the facility or with parents, | 10 | | guardians, other family members, friends, loved ones, | 11 | | caregivers, and external support systems. | 12 | | "Religious and recreational activities" includes | 13 | | any religious, social, or recreational activity that | 14 | | is consistent with a minor's preferences and choosing, | 15 | | regardless of whether the activity is coordinated, | 16 | | offered, provided, or sponsored by facility staff or | 17 | | by an outside activities provider . | 18 | | (4) Such standards shall not seek
to mandate minimum | 19 | | floor space requirements for each inmate housed in cells
| 20 | | and detention rooms in county and
municipal jails and | 21 | | houses of correction.
However, no more than two inmates | 22 | | may be housed in a single cell or detention
room.
| 23 | | (5) When an inmate is tested for an airborne
| 24 | | communicable disease, as determined by the Illinois | 25 | | Department of Public
Health including but not limited to | 26 | | tuberculosis, the results of
the test
shall be personally |
| | | HB1084 | - 11 - | LRB103 05019 RLC 50032 b |
|
| 1 | | delivered by the warden or his or her designee in a sealed
| 2 | | envelope to the judge of the court in which the inmate must | 3 | | appear for the
judge's inspection in camera if requested | 4 | | by the judge. Acting in accordance
with the best interests | 5 | | of those in the courtroom, the judge shall have the
| 6 | | discretion to determine what if any precautions need to be | 7 | | taken to prevent
transmission of the disease in the | 8 | | courtroom.
| 9 | | (b) At least once each year, the Department of Corrections | 10 | | may inspect each
adult
facility for compliance with the | 11 | | standards established and the results
of such inspection shall | 12 | | be made available by the Department for public
inspection. At | 13 | | least once each year, the Department of Juvenile Justice shall | 14 | | inspect each
county juvenile detention and shelter care | 15 | | facility for compliance with the
standards established, and | 16 | | the Department of Juvenile Justice shall make the results of | 17 | | such
inspections available for public inspection.
If any | 18 | | detention, shelter care or correctional facility does
not | 19 | | comply with the standards established, the Director of | 20 | | Corrections
or the Director of Juvenile Justice, as the case | 21 | | may be, shall give notice to the county board and the sheriff | 22 | | or the corporate
authorities of the municipality, as the case | 23 | | may be, of such
noncompliance, specifying the particular | 24 | | standards that have not been
met by such facility. If the | 25 | | facility is not in compliance with such
standards when six | 26 | | months have elapsed from the giving of such notice,
the |
| | | HB1084 | - 12 - | LRB103 05019 RLC 50032 b |
|
| 1 | | Director of Corrections or the Director of Juvenile Justice, | 2 | | as the case may be, may petition the appropriate court for an
| 3 | | order requiring such facility to comply with the standards | 4 | | established
by the Department or for other appropriate relief.
| 5 | | (c) The Department of Corrections may provide consultation | 6 | | services for the
design, construction, programs and | 7 | | administration of correctional facilities and services for | 8 | | adults
operated by counties and municipalities and may make | 9 | | studies and
surveys of the programs and the administration of | 10 | | such facilities.
Personnel of the Department shall be admitted | 11 | | to these facilities as
required for such purposes. The | 12 | | Department may develop and administer
programs of | 13 | | grants-in-aid for correctional services in cooperation with
| 14 | | local agencies. The Department may provide courses of training | 15 | | for the
personnel of such institutions and conduct pilot | 16 | | projects in the
institutions.
| 17 | | (c-5) The Department of Juvenile Justice may provide | 18 | | consultation services for the
design, construction, programs, | 19 | | and administration of detention and shelter care services for | 20 | | children operated by counties and municipalities and may make | 21 | | studies and
surveys of the programs and the administration of | 22 | | such facilities.
Personnel of the Department of Juvenile | 23 | | Justice shall be admitted to these facilities as
required for | 24 | | such purposes. The Department of Juvenile Justice may develop | 25 | | and administer
programs of grants-in-aid for juvenile | 26 | | correctional services in cooperation with
local agencies. The |
| | | HB1084 | - 13 - | LRB103 05019 RLC 50032 b |
|
| 1 | | Department of Juvenile Justice may provide courses of training | 2 | | for the
personnel of such institutions and conduct pilot | 3 | | projects in the
institutions.
| 4 | | (d) The Department is authorized to issue reimbursement | 5 | | grants for
counties, municipalities or public building | 6 | | commissions for the purpose of
meeting minimum correctional | 7 | | facilities standards set by the Department
under this Section. | 8 | | Grants may be issued only for projects that were
completed | 9 | | after July 1, 1980 and initiated prior to January 1, 1987.
| 10 | | (1) Grants for regional correctional facilities shall | 11 | | not exceed 90% of
the project costs or $7,000,000, | 12 | | whichever is less.
| 13 | | (2) Grants for correctional facilities by a single | 14 | | county, municipality
or public building commission shall | 15 | | not exceed 75% of the proposed project
costs or | 16 | | $4,000,000, whichever is less.
| 17 | | (3) As used in this subsection (d), "project" means | 18 | | only that part of a
facility that is constructed for jail, | 19 | | correctional or detention purposes
and does not include | 20 | | other areas of multi-purpose buildings.
| 21 | | Construction or renovation grants are authorized to be | 22 | | issued by the
Capital Development Board from capital | 23 | | development bond funds after
application by a county or | 24 | | counties, municipality or municipalities or
public building | 25 | | commission or commissions and approval of a construction or
| 26 | | renovation grant by the Department for projects initiated |
| | | HB1084 | - 14 - | LRB103 05019 RLC 50032 b |
|
| 1 | | after
January 1, 1987.
| 2 | | (e) The Department of Corrections shall adopt standards | 3 | | for county jails to hold
juveniles on a temporary basis, as | 4 | | provided in Section 5-410 of the
Juvenile Court Act of 1987. | 5 | | These standards shall include monitoring,
educational, | 6 | | recreational, and disciplinary standards as well
as access to | 7 | | medical services, crisis intervention, mental health services,
| 8 | | suicide prevention, health care, nutritional needs, and | 9 | | visitation rights. The
Department of Corrections shall also | 10 | | notify any county applying to hold juveniles in a county
jail | 11 | | of the standards for juvenile detention
under Section 5-410 of | 12 | | the Juvenile Court Act of
1987.
| 13 | | (Source: P.A. 98-685, eff. 1-1-15 .)
|
|