SB2370enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
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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. 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.
18    Therefore, the General Assembly recommends that juveniles
19that are youth in care of the State and in the care or recently
20in the care of the Department of Children and Family Services
21shall not have their services interrupted or be left
22unnecessarily in juvenile detention centers.
 
23    Section 10. The Juvenile Court Act of 1987 is amended by

 

 

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1changing Section 5-501 as follows:
 
2    (705 ILCS 405/5-501)
3    Sec. 5-501. Detention or shelter care hearing. At the
4appearance of the minor before the court at the detention or
5shelter care hearing, the court shall receive all relevant
6information and evidence, including affidavits concerning the
7allegations made in the petition. Evidence used by the court
8in its findings or stated in or offered in connection with this
9Section may be by way of proffer based on reliable information
10offered by the State or minor. All evidence shall be
11admissible if it is relevant and reliable regardless of
12whether it would be admissible under the rules of evidence
13applicable at a trial. No hearing may be held unless the minor
14is represented by counsel and no hearing shall be held until
15the minor has had adequate opportunity to consult with
16counsel.
17    (1) If the court finds that there is not probable cause to
18believe that the minor is a delinquent minor it shall release
19the minor and dismiss the petition.
20    (2) If the court finds that there is probable cause to
21believe that the minor is a delinquent minor, the minor, his or
22her parent, guardian, custodian and other persons able to give
23relevant testimony may be examined before the court. The court
24may also consider any evidence by way of proffer based upon
25reliable information offered by the State or the minor. All

 

 

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1evidence, including affidavits, shall be admissible if it is
2relevant and reliable regardless of whether it would be
3admissible under the rules of evidence applicable at trial.
4After such evidence is presented, the court may enter an order
5that the minor shall be released upon the request of a parent,
6guardian or legal custodian if the parent, guardian or
7custodian appears to take custody.
8    If the court finds that it is a matter of immediate and
9urgent necessity for the protection of the minor or of the
10person or property of another that the minor be detained or
11placed in a shelter care facility or that he or she is likely
12to flee the jurisdiction of the court, the court may prescribe
13detention or shelter care and order that the minor be kept in a
14suitable place designated by the court or in a shelter care
15facility designated by the Department of Children and Family
16Services or a licensed child welfare agency; otherwise it
17shall release the minor from custody. If the court prescribes
18shelter care, then in placing the minor, the Department or
19other agency shall, to the extent compatible with the court's
20order, comply with Section 7 of the Children and Family
21Services Act. In making the determination of the existence of
22immediate and urgent necessity, the court shall consider among
23other matters: (a) the nature and seriousness of the alleged
24offense; (b) the minor's record of delinquency offenses,
25including whether the minor has delinquency cases pending; (c)
26the minor's record of willful failure to appear following the

 

 

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1issuance of a summons or warrant; (d) the availability of
2non-custodial alternatives, including the presence of a
3parent, guardian or other responsible relative able and
4willing to provide supervision and care for the minor and to
5assure his or her compliance with a summons. If the minor is
6ordered placed in a shelter care facility of a licensed child
7welfare agency, the court shall, upon request of the agency,
8appoint the appropriate agency executive temporary custodian
9of the minor and the court may enter such other orders related
10to the temporary custody of the minor as it deems fit and
11proper.
12    If the Court prescribes detention, and the minor is a
13youth in care of the Department of Children and Family
14Services, a hearing shall be held every 14 days to determine
15whether there is an urgent and immediate necessity to detain
16the minor for the protection of the person or property of
17another. If urgent and immediate necessity is not found on the
18basis of the protection of the person or property of another,
19the minor shall be released to the custody of the Department of
20Children and Family Services. If the Court prescribes
21detention based on the minor being likely to flee the
22jurisdiction, and the minor is a youth in care of the
23Department of Children and Family Services, a hearing shall be
24held every 7 days for status on the location of shelter care
25placement by the Department of Children and Family Services.
26Detention shall not be used as a shelter care placement for

 

 

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1minors in the custody or guardianship of the Department of
2Children and Family Services.
3    The order together with the court's findings of fact in
4support of the order shall be entered of record in the court.
5    Once the court finds that it is a matter of immediate and
6urgent necessity for the protection of the minor that the
7minor be placed in a shelter care facility, the minor shall not
8be returned to the parent, custodian or guardian until the
9court finds that the placement is no longer necessary for the
10protection of the minor.
11    (3) Only when there is reasonable cause to believe that
12the minor taken into custody is a delinquent minor may the
13minor be kept or detained in a facility authorized for
14juvenile detention. This Section shall in no way be construed
15to limit subsection (4).
16    (4) Minors 12 years of age or older must be kept separate
17from confined adults and may not at any time be kept in the
18same cell, room or yard with confined adults. This paragraph
19(4):
20        (a) shall only apply to confinement pending an
21    adjudicatory hearing and shall not exceed 40 hours,
22    excluding Saturdays, Sundays, and court designated
23    holidays. To accept or hold minors during this time
24    period, county jails shall comply with all monitoring
25    standards adopted by the Department of Corrections and
26    training standards approved by the Illinois Law

 

 

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1    Enforcement Training Standards Board.
2        (b) To accept or hold minors, 12 years of age or older,
3    after the time period prescribed in clause (a) of
4    subsection (4) of this Section but not exceeding 7 days
5    including Saturdays, Sundays, and holidays, pending an
6    adjudicatory hearing, county jails shall comply with all
7    temporary detention standards adopted by the Department of
8    Corrections and training standards approved by the
9    Illinois Law Enforcement Training Standards Board.
10        (c) To accept or hold minors 12 years of age or older,
11    after the time period prescribed in clause (a) and (b), of
12    this subsection county jails shall comply with all county
13    juvenile detention standards adopted by the Department of
14    Juvenile Justice.
15    (5) If the minor is not brought before a judicial officer
16within the time period as specified in Section 5-415 the minor
17must immediately be released from custody.
18    (6) If neither the parent, guardian or legal custodian
19appears within 24 hours to take custody of a minor released
20from detention or shelter care, then the clerk of the court
21shall set the matter for rehearing not later than 7 days after
22the original order and shall issue a summons directed to the
23parent, guardian or legal custodian to appear. At the same
24time the probation department shall prepare a report on the
25minor. If a parent, guardian or legal custodian does not
26appear at such rehearing, the judge may enter an order

 

 

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

 

 

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114 days after such motion is filed. In the event that the court
2modifies or vacates a temporary order but does not vacate its
3finding of probable cause, the court may order that
4appropriate services be continued or initiated in behalf of
5the minor and his or her family.
6    (8) Whenever a petition has been filed under Section 5-520
7the court can, at any time prior to trial or sentencing, order
8that the minor be placed in detention or a shelter care
9facility after the court conducts a hearing and finds that the
10conduct and behavior of the minor may endanger the health,
11person, welfare, or property of himself or others or that the
12circumstances of his or her home environment may endanger his
13or her health, person, welfare or property.
14(Source: P.A. 98-685, eff. 1-1-15.)
 
15    Section 99. Effective date. This Act takes effect January
161, 2023.