SB2370ham002 102ND GENERAL ASSEMBLY

Rep. Justin Slaughter

Filed: 5/10/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2370

2    AMENDMENT NO. ______. Amend Senate Bill 2370 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. Findings.
5    The General Assembly finds that an adequate continuum of
6care is necessary to better address the needs of juveniles
7within the court system.
8    The General Assembly finds that the unique partnership of
9State and local services is needed to provide the right
10placements, and the right services for justice-involved
11juveniles.
12    The General Assembly finds that providing juveniles that
13are youth in care of the State and in the care or recently in
14the care of the Department of Children and Family Services,
15should be receiving a continuum of care and services, even
16when the juvenile unfortunately becomes involved with the
17juvenile justice system.

 

 

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1    Therefore, the General Assembly recommends that juveniles
2that are youth in care of the State and in the care or recently
3in the care of the Department of Children and Family Services
4shall not have their services interrupted or be left
5unnecessarily in juvenile detention centers.
 
6    Section 10. The Juvenile Court Act of 1987 is amended by
7changing Section 5-501 as follows:
 
8    (705 ILCS 405/5-501)
9    Sec. 5-501. Detention or shelter care hearing. At the
10appearance of the minor before the court at the detention or
11shelter care hearing, the court shall receive all relevant
12information and evidence, including affidavits concerning the
13allegations made in the petition. Evidence used by the court
14in its findings or stated in or offered in connection with this
15Section may be by way of proffer based on reliable information
16offered by the State or minor. All evidence shall be
17admissible if it is relevant and reliable regardless of
18whether it would be admissible under the rules of evidence
19applicable at a trial. No hearing may be held unless the minor
20is represented by counsel and no hearing shall be held until
21the minor has had adequate opportunity to consult with
22counsel.
23    (1) If the court finds that there is not probable cause to
24believe that the minor is a delinquent minor it shall release

 

 

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1the minor and dismiss the petition.
2    (2) If the court finds that there is probable cause to
3believe that the minor is a delinquent minor, the minor, his or
4her parent, guardian, custodian and other persons able to give
5relevant testimony may be examined before the court. The court
6may also consider any evidence by way of proffer based upon
7reliable information offered by the State or the minor. All
8evidence, including affidavits, shall be admissible if it is
9relevant and reliable regardless of whether it would be
10admissible under the rules of evidence applicable at trial.
11After such evidence is presented, the court may enter an order
12that the minor shall be released upon the request of a parent,
13guardian or legal custodian if the parent, guardian or
14custodian appears to take custody.
15    If the court finds that it is a matter of immediate and
16urgent necessity for the protection of the minor or of the
17person or property of another that the minor be detained or
18placed in a shelter care facility or that he or she is likely
19to flee the jurisdiction of the court, the court may prescribe
20detention or shelter care and order that the minor be kept in a
21suitable place designated by the court or in a shelter care
22facility designated by the Department of Children and Family
23Services or a licensed child welfare agency; otherwise it
24shall release the minor from custody. If the court prescribes
25shelter care, then in placing the minor, the Department or
26other agency shall, to the extent compatible with the court's

 

 

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1order, comply with Section 7 of the Children and Family
2Services Act. In making the determination of the existence of
3immediate and urgent necessity, the court shall consider among
4other matters: (a) the nature and seriousness of the alleged
5offense; (b) the minor's record of delinquency offenses,
6including whether the minor has delinquency cases pending; (c)
7the minor's record of willful failure to appear following the
8issuance of a summons or warrant; (d) the availability of
9non-custodial alternatives, including the presence of a
10parent, guardian or other responsible relative able and
11willing to provide supervision and care for the minor and to
12assure his or her compliance with a summons. If the minor is
13ordered placed in a shelter care facility of a licensed child
14welfare agency, the court shall, upon request of the agency,
15appoint the appropriate agency executive temporary custodian
16of the minor and the court may enter such other orders related
17to the temporary custody of the minor as it deems fit and
18proper.
19    If the Court prescribes detention, and the minor is a
20youth in care of the Department of Children and Family
21Services, a hearing shall be held every 14 days to determine
22whether there is an urgent and immediate necessity to detain
23the minor for the protection of the person or property of
24another. If urgent and immediate necessity is not found on the
25basis of the protection of the person or property of another,
26the minor shall be released to the custody of the Department of

 

 

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1Children and Family Services. If the Court prescribes
2detention based on the minor being likely to flee the
3jurisdiction, and the minor is a youth in care of the
4Department of Children and Family Services, a hearing shall be
5held every 7 days for status on the location of shelter care
6placement by the Department of Children and Family Services.
7Detention shall not be used as a shelter care placement for
8minors in the custody or guardianship of the Department of
9Children and Family Services.
10    The order together with the court's findings of fact in
11support of the order shall be entered of record in the court.
12    Once the court finds that it is a matter of immediate and
13urgent necessity for the protection of the minor that the
14minor be placed in a shelter care facility, the minor shall not
15be returned to the parent, custodian or guardian until the
16court finds that the placement is no longer necessary for the
17protection of the minor.
18    (3) Only when there is reasonable cause to believe that
19the minor taken into custody is a delinquent minor may the
20minor be kept or detained in a facility authorized for
21juvenile detention. This Section shall in no way be construed
22to limit subsection (4).
23    (4) Minors 12 years of age or older must be kept separate
24from confined adults and may not at any time be kept in the
25same cell, room or yard with confined adults. This paragraph
26(4):

 

 

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1        (a) shall only apply to confinement pending an
2    adjudicatory hearing and shall not exceed 40 hours,
3    excluding Saturdays, Sundays, and court designated
4    holidays. To accept or hold minors during this time
5    period, county jails shall comply with all monitoring
6    standards adopted by the Department of Corrections and
7    training standards approved by the Illinois Law
8    Enforcement Training Standards Board.
9        (b) To accept or hold minors, 12 years of age or older,
10    after the time period prescribed in clause (a) of
11    subsection (4) of this Section but not exceeding 7 days
12    including Saturdays, Sundays, and holidays, pending an
13    adjudicatory hearing, county jails shall comply with all
14    temporary detention standards adopted by the Department of
15    Corrections and training standards approved by the
16    Illinois Law Enforcement Training Standards Board.
17        (c) To accept or hold minors 12 years of age or older,
18    after the time period prescribed in clause (a) and (b), of
19    this subsection county jails shall comply with all county
20    juvenile detention standards adopted by the Department of
21    Juvenile Justice.
22    (5) If the minor is not brought before a judicial officer
23within the time period as specified in Section 5-415 the minor
24must immediately be released from custody.
25    (6) If neither the parent, guardian or legal custodian
26appears within 24 hours to take custody of a minor released

 

 

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1from detention or shelter care, then the clerk of the court
2shall set the matter for rehearing not later than 7 days after
3the original order and shall issue a summons directed to the
4parent, guardian or legal custodian to appear. At the same
5time the probation department shall prepare a report on the
6minor. If a parent, guardian or legal custodian does not
7appear at such rehearing, the judge may enter an order
8prescribing that the minor be kept in a suitable place
9designated by the Department of Human Services or a licensed
10child welfare agency. The time during which a minor is in
11custody after being released upon the request of a parent,
12guardian or legal custodian shall be considered as time spent
13in detention for purposes of scheduling the trial.
14    (7) Any party, including the State, the temporary
15custodian, an agency providing services to the minor or family
16under a service plan pursuant to Section 8.2 of the Abused and
17Neglected Child Reporting Act, foster parent, or any of their
18representatives, may file a motion to modify or vacate a
19temporary custody order or vacate a detention or shelter care
20order on any of the following grounds:
21        (a) It is no longer a matter of immediate and urgent
22    necessity that the minor remain in detention or shelter
23    care; or
24        (b) There is a material change in the circumstances of
25    the natural family from which the minor was removed; or
26        (c) A person, including a parent, relative or legal

 

 

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1    guardian, is capable of assuming temporary custody of the
2    minor; or
3        (d) Services provided by the Department of Children
4    and Family Services or a child welfare agency or other
5    service provider have been successful in eliminating the
6    need for temporary custody.
7    The clerk shall set the matter for hearing not later than
814 days after such motion is filed. In the event that the court
9modifies or vacates a temporary order but does not vacate its
10finding of probable cause, the court may order that
11appropriate services be continued or initiated in behalf of
12the minor and his or her family.
13    (8) Whenever a petition has been filed under Section 5-520
14the court can, at any time prior to trial or sentencing, order
15that the minor be placed in detention or a shelter care
16facility after the court conducts a hearing and finds that the
17conduct and behavior of the minor may endanger the health,
18person, welfare, or property of himself or others or that the
19circumstances of his or her home environment may endanger his
20or her health, person, welfare or property.
21(Source: P.A. 98-685, eff. 1-1-15.)
 
22    Section 99. Effective date. This Act takes effect January
231, 2023.".