Full Text of HB2567 99th General Assembly
HB2567enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning courts.
| 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) secured | 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 |
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| 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 | | (b) The written authorization of the probation officer or | 6 | | detention officer
(or other public officer designated by the | 7 | | court in a county having
3,000,000 or more inhabitants) | 8 | | constitutes authority for the superintendent of
any juvenile | 9 | | detention home to detain and keep a minor for up to 40 hours,
| 10 | | excluding Saturdays, Sundays and court-designated holidays. | 11 | | These
records shall be available to the same persons and | 12 | | pursuant to the same
conditions as are law enforcement records | 13 | | as provided in Section 5-905.
| 14 | | (b-4) The consultation required by subsection (b-5) shall | 15 | | not be applicable
if the probation officer or detention officer | 16 | | (or other public officer
designated
by the court in a
county | 17 | | having 3,000,000 or more inhabitants) utilizes a scorable | 18 | | detention
screening instrument, which has been developed with | 19 | | input by the State's
Attorney, to
determine whether a minor | 20 | | should be detained, however, subsection (b-5) shall
still be | 21 | | applicable where no such screening instrument is used or where | 22 | | the
probation officer, detention officer (or other public | 23 | | officer designated by the
court in a county
having 3,000,000 or | 24 | | more inhabitants) deviates from the screening instrument.
| 25 | | (b-5) Subject to the provisions of subsection (b-4), if a | 26 | | probation officer
or detention officer
(or other public officer |
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| 1 | | designated by
the court in a county having 3,000,000 or more | 2 | | inhabitants) does not intend to
detain a minor for an offense | 3 | | which constitutes one of the following offenses
he or she shall | 4 | | consult with the State's Attorney's Office prior to the release
| 5 | | of the minor: first degree murder, second degree murder, | 6 | | involuntary
manslaughter, criminal sexual assault, aggravated | 7 | | criminal sexual assault,
aggravated battery with a firearm as | 8 | | described in Section 12-4.2 or subdivision (e)(1), (e)(2), | 9 | | (e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous | 10 | | battery involving
permanent disability or disfigurement or | 11 | | great bodily harm, robbery, aggravated
robbery, armed robbery, | 12 | | vehicular hijacking, aggravated vehicular hijacking,
vehicular | 13 | | invasion, arson, aggravated arson, kidnapping, aggravated | 14 | | kidnapping,
home invasion, burglary, or residential burglary.
| 15 | | (c) Except as otherwise provided in paragraph (a), (d), or | 16 | | (e), no minor
shall
be detained in a county jail or municipal | 17 | | lockup for more than 12 hours, unless
the offense is a crime of | 18 | | violence in which case the minor may be detained up
to 24 | 19 | | hours. For the purpose of this paragraph, "crime of violence" | 20 | | has the
meaning
ascribed to it in Section 1-10 of the | 21 | | Alcoholism and Other Drug Abuse and
Dependency Act.
| 22 | | (i) The
period of detention is deemed to have begun | 23 | | once the minor has been placed in a
locked room or cell or | 24 | | handcuffed to a stationary object in a building housing
a | 25 | | county jail or municipal lockup. Time spent transporting a | 26 | | minor is not
considered to be time in detention or secure |
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| 1 | | custody.
| 2 | | (ii) Any minor so
confined shall be under periodic | 3 | | supervision and shall not be permitted to come
into or | 4 | | remain in contact with adults in custody in the building.
| 5 | | (iii) Upon
placement in secure custody in a jail or | 6 | | lockup, the
minor shall be informed of the purpose of the | 7 | | detention, the time it is
expected to last and the fact | 8 | | that it cannot exceed the time specified under
this Act.
| 9 | | (iv) A log shall
be kept which shows the offense which | 10 | | is the basis for the detention, the
reasons and | 11 | | circumstances for the decision to detain and the length of | 12 | | time the
minor was in detention.
| 13 | | (v) Violation of the time limit on detention
in a | 14 | | county jail or municipal lockup shall not, in and of | 15 | | itself, render
inadmissible evidence obtained as a result | 16 | | of the violation of this
time limit. Minors under 18 years | 17 | | of age shall be kept separate from confined
adults and may | 18 | | not at any time be kept in the same cell, room or yard with
| 19 | | adults confined pursuant to criminal law. Persons 18 years | 20 | | of age and older
who have a petition of delinquency filed | 21 | | against them may be
confined in an
adult detention | 22 | | facility.
In making a determination whether to confine a | 23 | | person 18 years of age or
older
who has a petition of | 24 | | delinquency filed against the person, these factors,
among | 25 | | other matters, shall be considered:
| 26 | | (A) The age of the person;
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| 1 | | (B) Any previous delinquent or criminal history of | 2 | | the person;
| 3 | | (C) Any previous abuse or neglect history of the | 4 | | person; and
| 5 | | (D) Any mental health or educational history of the | 6 | | person, or both.
| 7 | | (d) (i) If a minor 12 years of age or older is confined in a | 8 | | county jail
in a
county with a population below 3,000,000 | 9 | | inhabitants, then the minor's
confinement shall be implemented | 10 | | in such a manner that there will be no contact
by sight, sound | 11 | | or otherwise between the minor and adult prisoners. Minors
12 | 12 | | years of age or older must be kept separate from confined | 13 | | adults and may not
at any time
be kept in the same cell, room, | 14 | | or yard with confined adults. This paragraph
(d)(i) shall only | 15 | | apply to confinement pending an adjudicatory hearing and
shall | 16 | | not exceed 40 hours, excluding Saturdays, Sundays and court | 17 | | designated
holidays. To accept or hold minors during this time | 18 | | period, county jails shall
comply with all monitoring standards | 19 | | adopted by the Department of
Corrections and training standards | 20 | | approved by the Illinois Law Enforcement
Training Standards | 21 | | Board.
| 22 | | (ii) To accept or hold minors, 12 years of age or older, | 23 | | after the time
period
prescribed in paragraph (d)(i) of this | 24 | | subsection (2) of this Section but not
exceeding 7 days | 25 | | including Saturdays, Sundays and holidays pending an
| 26 | | adjudicatory hearing, county jails shall comply with all |
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| 1 | | temporary detention
standards adopted by the Department of | 2 | | Corrections and training standards
approved by the Illinois Law | 3 | | Enforcement Training Standards Board.
| 4 | | (iii) To accept or hold minors 12 years of age or older, | 5 | | after the time
period prescribed in paragraphs (d)(i) and | 6 | | (d)(ii) of this subsection (2) of
this
Section, county jails | 7 | | shall comply with all county juvenile detention standards | 8 | | adopted by the Department of Juvenile Justice.
| 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.
| 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.
| 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.
| 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
| 9 | | physical restriction, the minor may be placed in non-secure | 10 | | custody for up to
40 hours pending a detention hearing.
| 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.
| 15 | | (5) The changes made to this Section by Public Act 98-61 | 16 | | apply to a minor who has been arrested or taken into custody on | 17 | | or after January 1, 2014 (the effective date of Public Act | 18 | | 98-61). | 19 | | (Source: P.A. 98-61, eff. 1-1-14; 98-685, eff. 1-1-15; 98-756, | 20 | | eff. 7-16-14 .)
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