Full Text of HB5775 93rd General Assembly
HB5775 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB5775
Introduced 2/6/2004, by Michael J. Madigan SYNOPSIS AS INTRODUCED: |
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Amends the Juvenile Court Act of 1987. Makes a technical change in the
Section concerning detention or shelter care hearings.
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A BILL FOR
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HB5775 |
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LRB093 17156 RLC 42822 b |
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| AN ACT concerning juveniles.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing
Section 5-501 as follows:
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| (705 ILCS 405/5-501)
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| Sec. 5-501. Detention or shelter care hearing.
At the | 8 |
| appearance of the minor before the court at the detention or | 9 |
| shelter
care hearing,
the court shall receive all relevant | 10 |
| information and evidence, including
affidavits concerning the | 11 |
| allegations made in the petition. Evidence used by
the court in | 12 |
| its findings or stated in or offered in connection with this
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| Section may be by way of proffer based on reliable information | 14 |
| offered by the
State or minor. All evidence shall be admissible | 15 |
| if it is relevant and
reliable regardless of whether it would | 16 |
| be admissible under the rules of
evidence applicable at a | 17 |
| trial. No hearing may be held unless the minor is
represented | 18 |
| by counsel.
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| (1) If the court finds that there is not probable cause to | 20 |
| believe that the
minor is a delinquent minor it shall release | 21 |
| the minor and dismiss the
petition.
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| (2) If the court finds that there is probable cause to | 23 |
| believe that the
minor is a
delinquent minor, the minor, his or | 24 |
| her parent, guardian, custodian and other
persons able to give | 25 |
| relevant testimony may be examined before the court. The
court | 26 |
| may also consider any evidence by way of proffer based upon | 27 |
| reliable
information offered by the State or the minor. All | 28 |
| evidence, including
affidavits, shall be admissible if it is | 29 |
| relevant and reliable regardless of
whether it would be | 30 |
| admissible under the rules of evidence applicable at trial.
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| After such evidence is presented, the court may enter an order | 32 |
| that the minor
shall be released upon the request of a parent, |
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HB5775 |
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LRB093 17156 RLC 42822 b |
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| guardian or legal custodian if
the parent, guardian or | 2 |
| custodian appears to take custody.
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| If the court finds that it is a matter of immediate and | 4 |
| urgent necessity for
the protection of the minor or of the | 5 |
| person or property of another that the
minor be detained or | 6 |
| placed in a
shelter care facility or that he or she is likely | 7 |
| to flee the jurisdiction of
the court, the court may prescribe | 8 |
| detention or shelter care and order that the
minor be kept in a | 9 |
| suitable place designated by the court or in a shelter care
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| facility designated by the Department of Children and Family | 11 |
| Services or a
licensed child welfare agency; otherwise the | 12 |
| court
it shall release the
minor from
custody. If the court | 13 |
| prescribes shelter care, then in placing the minor, the
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| Department or other agency shall, to the extent compatible with | 15 |
| the court's
order, comply with Section 7 of the Children and | 16 |
| Family Services Act. In
making the determination of the | 17 |
| existence of immediate and urgent necessity,
the court shall | 18 |
| consider among other matters: (a) the nature and seriousness of
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| the alleged offense; (b) the minor's record of delinquency | 20 |
| offenses,
including whether the minor has delinquency cases | 21 |
| pending; (c) the minor's
record of willful failure to appear | 22 |
| following the issuance of a summons or
warrant; (d) the | 23 |
| availability of non-custodial alternatives, including the
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| presence of a parent, guardian or other responsible relative | 25 |
| able and willing
to provide supervision and care for the minor | 26 |
| and to assure his or her
compliance with a summons. If the | 27 |
| minor is ordered placed in a shelter care
facility of a | 28 |
| licensed child welfare agency, the court shall, upon request of
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| the agency, appoint the appropriate agency executive temporary | 30 |
| custodian of the
minor and the court may enter such other | 31 |
| orders related to the temporary
custody of the minor as it | 32 |
| deems fit and proper.
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| The order together with the court's findings of fact in | 34 |
| support of the order
shall
be entered
of record in the court.
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| Once the court finds that it is a matter of immediate and | 36 |
| urgent necessity
for the protection of the minor that the minor |
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HB5775 |
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LRB093 17156 RLC 42822 b |
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| be placed in a shelter care
facility, the minor shall not be | 2 |
| returned to the parent, custodian or guardian
until the court | 3 |
| finds that the placement is no longer necessary for the
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| protection of the minor.
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| (3) Only when there is reasonable cause to believe that the | 6 |
| minor taken
into custody is a delinquent minor may the minor be | 7 |
| kept or detained in a
facility authorized for juvenile | 8 |
| detention. This Section shall in no way be
construed to limit
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| subsection (4).
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| (4) Minors 12 years of age or older must be kept separate | 11 |
| from confined
adults and may not at any time be kept in the | 12 |
| same cell, room or yard with
confined adults. This paragraph | 13 |
| (4):
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| (a) shall only apply to confinement pending an | 15 |
| adjudicatory hearing
and
shall not exceed 40 hours, | 16 |
| excluding Saturdays, Sundays, and court designated
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| holidays. To accept or hold minors during this time period, | 18 |
| county jails shall
comply with all monitoring standards for | 19 |
| juvenile detention homes promulgated
by the Department of | 20 |
| Corrections and training standards approved by the
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| Illinois Law Enforcement Training Standards Board.
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| (b) To accept or hold minors, 12 years of age or older, | 23 |
| after the time
period prescribed in clause (a) of | 24 |
| subsection (4) 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 | 27 |
| temporary detention standards
promulgated by
the | 28 |
| Department of Corrections and training standards approved | 29 |
| by the Illinois
Law Enforcement Training Standards Board.
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| (c) To accept or hold minors 12 years of age or older, | 31 |
| after the time
period prescribed in clause (a) and (b), of | 32 |
| this subsection county jails shall
comply with all | 33 |
| programmatic and training standards for juvenile detention
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| homes promulgated by the Department of Corrections.
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| (5) If the minor is not brought before a judicial officer | 36 |
| within the time
period as specified in Section 5-415 the minor |
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| must immediately be released
from
custody.
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| (6) If neither the parent, guardian or legal custodian | 3 |
| appears within 24
hours to take custody of a minor released | 4 |
| from detention or shelter care, then
the clerk of the court | 5 |
| shall set the matter for rehearing not later than 7 days
after | 6 |
| the original order and shall issue a summons directed to the | 7 |
| parent,
guardian or legal custodian to appear. At the same time | 8 |
| the probation
department shall prepare a report on the minor. | 9 |
| If a parent, guardian or legal
custodian does not appear at | 10 |
| such rehearing, the judge may enter an order
prescribing that | 11 |
| the minor be kept in a suitable place designated by the
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| Department of Human Services or a licensed child welfare | 13 |
| agency.
The time during which a minor is in custody after being | 14 |
| released upon the
request of a parent, guardian or legal | 15 |
| custodian shall be considered as time
spent in detention for | 16 |
| purposes of scheduling the trial.
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| (7) Any party, including the State, the temporary | 18 |
| custodian, an agency
providing services to the minor or family | 19 |
| under a service plan pursuant to
Section 8.2 of the Abused and | 20 |
| Neglected Child Reporting Act, foster parent, or
any of their | 21 |
| representatives, may file a
motion to modify or vacate a | 22 |
| temporary custody order or vacate a detention or
shelter care | 23 |
| order on any of the following grounds:
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| (a) It is no longer a matter of immediate and urgent | 25 |
| necessity that the
minor remain in detention or shelter | 26 |
| care; or
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| (b) There is a material change in the circumstances of | 28 |
| the natural family
from which the minor was removed; or
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| (c) A person, including a parent, relative or legal | 30 |
| guardian, is capable
of assuming temporary custody of the | 31 |
| minor; or
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| (d) Services provided by the Department of Children and | 33 |
| Family Services
or a
child welfare agency or other service | 34 |
| provider have been successful in
eliminating the need for | 35 |
| temporary custody.
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| The clerk shall set the matter for hearing not later than |
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| 14 days after such
motion is filed. In the event that the court | 2 |
| modifies or vacates a temporary
order but does not vacate its | 3 |
| finding of probable cause, the court may order
that appropriate | 4 |
| services be continued or initiated in behalf of the minor and
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| his or her family.
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| (8) Whenever a petition has been filed under Section 5-520 | 7 |
| the court can,
at
any time prior to trial or sentencing, order | 8 |
| that the minor be placed in
detention or a shelter care | 9 |
| facility after the court conducts a hearing and
finds that the | 10 |
| conduct and behavior of the minor may endanger the health,
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| person, welfare, or property of himself or others or that the | 12 |
| circumstances
of his or her home environment may endanger his | 13 |
| or her health, person, welfare
or property.
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| (Source: P.A. 90-590, eff. 1-1-99.)
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