Illinois General Assembly - Full Text of HB2347
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Full Text of HB2347  103rd General Assembly


Rep. Rita Mayfield

Filed: 3/22/2023





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2    AMENDMENT NO. ______. Amend House Bill 2347, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Children and Family Services Act is
6amended by changing Section 17a-9 as follows:
7    (20 ILCS 505/17a-9)  (from Ch. 23, par. 5017a-9)
8    Sec. 17a-9. Illinois Juvenile Justice Commission.
9    (a) There is hereby created the Illinois Juvenile Justice
10Commission which shall consist of 25 persons appointed by the
11Governor. The Chairperson of the Commission shall be appointed
12by the Governor. Of the initial appointees, 8 shall serve a
13one-year term, 8 shall serve a two-year term and 9 shall serve
14a three-year term. Thereafter, each successor shall serve a
15three-year term. Vacancies shall be filled in the same manner
16as original appointments. Once appointed, members shall serve



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1until their successors are appointed and qualified. Members
2shall serve without compensation, except they shall be
3reimbursed for their actual expenses in the performance of
4their duties. The Commission shall carry out the rights,
5powers and duties established in subparagraph (3) of paragraph
6(a) of Section 223 of the Federal "Juvenile Justice and
7Delinquency Prevention Act of 1974", as now or hereafter
8amended. The Commission shall determine the priorities for
9expenditure of funds made available to the State by the
10Federal Government pursuant to that Act. The Commission shall
11have the following powers and duties:
12        (1) Development, review and final approval of the
13    State's juvenile justice plan for funds under the Federal
14    "Juvenile Justice and Delinquency Prevention Act of 1974";
15        (2) Review and approve or disapprove juvenile justice
16    and delinquency prevention grant applications to the
17    Department for federal funds under that Act;
18        (3) Annual submission of recommendations to the
19    Governor and the General Assembly concerning matters
20    relative to its function;
21        (4) Responsibility for the review of funds allocated
22    to Illinois under the "Juvenile Justice and Delinquency
23    Prevention Act of 1974" to ensure compliance with all
24    relevant federal laws and regulations;
25        (5) Function as the advisory committee for the State
26    Youth and Community Services Program as authorized under



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1    Section 17 of this Act, and in that capacity be authorized
2    and empowered to assist and advise the Secretary of Human
3    Services on matters related to juvenile justice and
4    delinquency prevention programs and services; and
5        (5.5) Study and make recommendations to the General
6    Assembly regarding the availability of youth services to
7    reduce the use of detention and prevent deeper criminal
8    involvement and regarding the impact and advisability of
9    raising the minimum age of detention to 14, and develop a
10    process to assist in the implementation of the provisions
11    of this amendatory Act of the 103rd General Assembly; and
12        (6) Study the impact of, develop timelines, and
13    propose a funding structure to accommodate the expansion
14    of the jurisdiction of the Illinois Juvenile Court to
15    include youth age 17 under the jurisdiction of the
16    Juvenile Court Act of 1987. The Commission shall submit a
17    report by December 31, 2011 to the General Assembly with
18    recommendations on extending juvenile court jurisdiction
19    to youth age 17 charged with felony offenses.
20    (b) On the effective date of this amendatory Act of the
2196th General Assembly, the Illinois Juvenile Jurisdiction Task
22Force created by Public Act 95-1031 is abolished and its
23duties are transferred to the Illinois Juvenile Justice
24Commission as provided in paragraph (6) of subsection (a) of
25this Section.
26(Source: P.A. 96-1199, eff. 1-1-11.)



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1    Section 10. The Juvenile Court Act of 1987 is amended by
2changing Section 5-410 as follows:
3    (705 ILCS 405/5-410)
4    Sec. 5-410. Non-secure custody or detention.
5    (1) Placement of a minor away from his or her home must be
6a last resort and the least restrictive alternative available.
7Any minor arrested or taken into custody pursuant to this Act
8who requires care away from his or her home but who does not
9require physical restriction shall be given temporary care in
10a foster family home or other shelter facility designated by
11the court.
12    (2)(a-1) (a) On or after July 1, 2024, any Any minor 12 10
13years of age or older arrested pursuant to this Act where there
14is probable cause to believe that the minor is a delinquent
15minor and that (i) secure custody is a matter of immediate and
16urgent necessity, in light of a serious threat to the physical
17safety of a person or persons in the community or in order to
18secure the presence of the minor at the next hearing, as
19evidenced by a demonstrable record of willful failure to
20appear at a scheduled court hearing within the past 12 months,
21may be kept or detained in an authorized detention facility.
22On or after July 1, 2025, with the exception of minors age 12
23years or older and charged with first degree murder,
24aggravated criminal sexual assault, aggravated battery in



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1which a firearm was used in the offense, or aggravated
2vehicular hijacking, any minor 13 years of age or older
3arrested pursuant to this Act where there is probable cause to
4believe that the minor is a delinquent minor and that secure
5custody is a matter of immediate and urgent necessity in light
6of a serious threat to the physical safety of a person or
7persons in the community, or to secure the presence of the
8minor at the next hearing as evidenced by a demonstrable
9record of willful failure to appear at a scheduled court
10hearing within the past 12 months may be kept or detained in an
11authorized detention facility. for the protection of the minor
12or of the person or property of another, (ii) the minor is
13likely to flee the jurisdiction of the court, or (iii) the
14minor was taken into custody under a warrant, may be kept or
15detained in an authorized detention facility. A minor under 13
16years of age shall not be admitted, kept, or detained in a
17detention facility unless a local youth service provider,
18including a provider through the Comprehensive Community Based
19Youth Services network, has been contacted and has not been
20able to accept the minor. No minor under 13 12 years of age
21shall be detained in a county jail or a municipal lockup for
22more than 6 hours.
23    (a-2) Probation and court services shall document and
24share on a monthly basis with the Illinois Juvenile Justice
25Commission each instance where alternatives to detention
26failed or were lacking, including the basis for detention, the



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1providers who were contacted, and the reason alternatives were
2rejected, lacking or denied.
3    (a-3) Instead of detention, minors under the age of 13 who
4are in conflict with the law may be held accountable through a
5petition under Article 3, Minors Requiring Authoritative
6Intervention, or may be held accountable through a community
7mediation program as set forth in Section 5-310.
8    (a-5) For a minor arrested or taken into custody for
9vehicular hijacking or aggravated vehicular hijacking, a
10previous finding of delinquency for vehicular hijacking or
11aggravated vehicular hijacking shall be given greater weight
12in determining whether secured custody of a minor is a matter
13of immediate and urgent necessity for the protection of the
14minor or of the person or property of another.
15    (b) The written authorization of the probation officer or
16detention officer (or other public officer designated by the
17court in a county having 3,000,000 or more inhabitants)
18constitutes authority for the superintendent of any juvenile
19detention home to detain and keep a minor for up to 40 hours,
20excluding Saturdays, Sundays, and court-designated holidays.
21These records shall be available to the same persons and
22pursuant to the same conditions as are law enforcement records
23as provided in Section 5-905.
24    (b-4) The consultation required by paragraph (b-5) shall
25not be applicable if the probation officer or detention
26officer (or other public officer designated by the court in a



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1county having 3,000,000 or more inhabitants) utilizes a
2scorable detention screening instrument, which has been
3developed with input by the State's Attorney, to determine
4whether a minor should be detained, however, paragraph (b-5)
5shall still be applicable where no such screening instrument
6is used or where the probation officer, detention officer (or
7other public officer designated by the court in a county
8having 3,000,000 or more inhabitants) deviates from the
9screening instrument.
10    (b-5) Subject to the provisions of paragraph (b-4), if a
11probation officer or detention officer (or other public
12officer designated by the court in a county having 3,000,000
13or more inhabitants) does not intend to detain a minor for an
14offense which constitutes one of the following offenses he or
15she shall consult with the State's Attorney's Office prior to
16the release of the minor: first degree murder, second degree
17murder, involuntary manslaughter, criminal sexual assault,
18aggravated criminal sexual assault, aggravated battery with a
19firearm as described in Section 12-4.2 or subdivision (e)(1),
20(e)(2), (e)(3), or (e)(4) of Section 12-3.05, aggravated or
21heinous battery involving permanent disability or
22disfigurement or great bodily harm, robbery, aggravated
23robbery, armed robbery, vehicular hijacking, aggravated
24vehicular hijacking, vehicular invasion, arson, aggravated
25arson, kidnapping, aggravated kidnapping, home invasion,
26burglary, or residential burglary.



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1    (c) Except as otherwise provided in paragraph (a), (d), or
2(e), no minor shall be detained in a county jail or municipal
3lockup for more than 12 hours, unless the offense is a crime of
4violence in which case the minor may be detained up to 24
5hours. For the purpose of this paragraph, "crime of violence"
6has the meaning ascribed to it in Section 1-10 of the
7Alcoholism and Other Drug Abuse and Dependency Act.
8        (i) The period of detention is deemed to have begun
9    once the minor has been placed in a locked room or cell or
10    handcuffed to a stationary object in a building housing a
11    county jail or municipal lockup. Time spent transporting a
12    minor is not considered to be time in detention or secure
13    custody.
14        (ii) Any minor so confined shall be under periodic
15    supervision and shall not be permitted to come into or
16    remain in contact with adults in custody in the building.
17        (iii) Upon placement in secure custody in a jail or
18    lockup, the minor shall be informed of the purpose of the
19    detention, the time it is expected to last and the fact
20    that it cannot exceed the time specified under this Act.
21        (iv) A log shall be kept which shows the offense which
22    is the basis for the detention, the reasons and
23    circumstances for the decision to detain, and the length
24    of time the minor was in detention.
25        (v) Violation of the time limit on detention in a
26    county jail or municipal lockup shall not, in and of



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1    itself, render inadmissible evidence obtained as a result
2    of the violation of this time limit. Minors under 18 years
3    of age shall be kept separate from confined adults and may
4    not at any time be kept in the same cell, room, or yard
5    with adults confined pursuant to criminal law. Persons 18
6    years of age and older who have a petition of delinquency
7    filed against them may be confined in an adult detention
8    facility. In making a determination whether to confine a
9    person 18 years of age or older who has a petition of
10    delinquency filed against the person, these factors, among
11    other matters, shall be considered:
12            (A) the age of the person;
13            (B) any previous delinquent or criminal history of
14        the person;
15            (C) any previous abuse or neglect history of the
16        person; and
17            (D) any mental health or educational history of
18        the person, or both.
19    (d) (i) If a minor 12 years of age or older is confined in
20a county jail in a county with a population below 3,000,000
21inhabitants, then the minor's confinement shall be implemented
22in such a manner that there will be no contact by sight, sound,
23or otherwise between the minor and adult prisoners. Minors 12
24years of age or older must be kept separate from confined
25adults and may not at any time be kept in the same cell, room,
26or yard with confined adults. This paragraph (d)(i) shall only



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1apply to confinement pending an adjudicatory hearing and shall
2not exceed 40 hours, excluding Saturdays, Sundays, and
3court-designated holidays. To accept or hold minors during
4this time period, county jails shall comply with all
5monitoring standards adopted by the Department of Corrections
6and training standards approved by the Illinois Law
7Enforcement Training Standards Board.
8    (ii) To accept or hold minors, 12 years of age or older,
9after the time period prescribed in paragraph (d)(i) of this
10subsection (2) of this Section but not exceeding 7 days
11including Saturdays, Sundays, and holidays pending an
12adjudicatory hearing, county jails shall comply with all
13temporary detention standards adopted by the Department of
14Corrections and training standards approved by the Illinois
15Law Enforcement Training Standards Board.
16    (iii) To accept or hold minors 12 years of age or older,
17after the time period prescribed in paragraphs (d)(i) and
18(d)(ii) of this subsection (2) of this Section, county jails
19shall comply with all county juvenile detention standards
20adopted by the Department of Juvenile Justice.
21    (e) When a minor who is at least 15 years of age is
22prosecuted under the criminal laws of this State, the court
23may enter an order directing that the juvenile be confined in
24the county jail. However, any juvenile confined in the county
25jail under this provision shall be separated from adults who
26are confined in the county jail in such a manner that there



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1will be no contact by sight, sound or otherwise between the
2juvenile and adult prisoners.
3    (f) For purposes of appearing in a physical lineup, the
4minor may be taken to a county jail or municipal lockup under
5the direct and constant supervision of a juvenile police
6officer. During such time as is necessary to conduct a lineup,
7and while supervised by a juvenile police officer, the sight
8and sound separation provisions shall not apply.
9    (g) For purposes of processing a minor, the minor may be
10taken to a county jail or municipal lockup under the direct and
11constant supervision of a law enforcement officer or
12correctional officer. During such time as is necessary to
13process the minor, and while supervised by a law enforcement
14officer or correctional officer, the sight and sound
15separation provisions shall not apply.
16    (3) If the probation officer or State's Attorney (or such
17other public officer designated by the court in a county
18having 3,000,000 or more inhabitants) determines that the
19minor may be a delinquent minor as described in subsection (3)
20of Section 5-105, and should be retained in custody but does
21not require physical restriction, the minor may be placed in
22non-secure custody for up to 40 hours pending a detention
24    (4) Any minor taken into temporary custody, not requiring
25secure detention, may, however, be detained in the home of his
26or her parent or guardian subject to such conditions as the



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1court may impose.
2    (5) The changes made to this Section by Public Act 98-61
3apply to a minor who has been arrested or taken into custody on
4or after January 1, 2014 (the effective date of Public Act
6(Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)".