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




HB2347 EngrossedLRB103 28294 RLC 54673 b

1    AN ACT concerning minors.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Children and Family Services Act is amended
5by changing Section 17a-9 as follows:
6    (20 ILCS 505/17a-9)  (from Ch. 23, par. 5017a-9)
7    Sec. 17a-9. Illinois Juvenile Justice Commission.
8    (a) There is hereby created the Illinois Juvenile Justice
9Commission which shall consist of 25 persons appointed by the
10Governor. The Chairperson of the Commission shall be appointed
11by the Governor. Of the initial appointees, 8 shall serve a
12one-year term, 8 shall serve a two-year term and 9 shall serve
13a three-year term. Thereafter, each successor shall serve a
14three-year term. Vacancies shall be filled in the same manner
15as original appointments. Once appointed, members shall serve
16until their successors are appointed and qualified. Members
17shall serve without compensation, except they shall be
18reimbursed for their actual expenses in the performance of
19their duties. The Commission shall carry out the rights,
20powers and duties established in subparagraph (3) of paragraph
21(a) of Section 223 of the Federal "Juvenile Justice and
22Delinquency Prevention Act of 1974", as now or hereafter
23amended. The Commission shall determine the priorities for



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1expenditure of funds made available to the State by the
2Federal Government pursuant to that Act. The Commission shall
3have the following powers and duties:
4        (1) Development, review and final approval of the
5    State's juvenile justice plan for funds under the Federal
6    "Juvenile Justice and Delinquency Prevention Act of 1974";
7        (2) Review and approve or disapprove juvenile justice
8    and delinquency prevention grant applications to the
9    Department for federal funds under that Act;
10        (3) Annual submission of recommendations to the
11    Governor and the General Assembly concerning matters
12    relative to its function;
13        (4) Responsibility for the review of funds allocated
14    to Illinois under the "Juvenile Justice and Delinquency
15    Prevention Act of 1974" to ensure compliance with all
16    relevant federal laws and regulations;
17        (5) Function as the advisory committee for the State
18    Youth and Community Services Program as authorized under
19    Section 17 of this Act, and in that capacity be authorized
20    and empowered to assist and advise the Secretary of Human
21    Services on matters related to juvenile justice and
22    delinquency prevention programs and services; and
23        (5.5) Study and make recommendations to the General
24    Assembly regarding the availability of youth services to
25    reduce the use of detention and prevent deeper criminal
26    involvement and regarding the impact and advisability of



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1    raising the minimum age of detention to 14, and develop a
2    process to assist in the implementation of the provisions
3    of this amendatory Act of the 103rd General Assembly; and
4        (6) Study the impact of, develop timelines, and
5    propose a funding structure to accommodate the expansion
6    of the jurisdiction of the Illinois Juvenile Court to
7    include youth age 17 under the jurisdiction of the
8    Juvenile Court Act of 1987. The Commission shall submit a
9    report by December 31, 2011 to the General Assembly with
10    recommendations on extending juvenile court jurisdiction
11    to youth age 17 charged with felony offenses.
12    (b) On the effective date of this amendatory Act of the
1396th General Assembly, the Illinois Juvenile Jurisdiction Task
14Force created by Public Act 95-1031 is abolished and its
15duties are transferred to the Illinois Juvenile Justice
16Commission as provided in paragraph (6) of subsection (a) of
17this Section.
18(Source: P.A. 96-1199, eff. 1-1-11.)
19    Section 10. The Juvenile Court Act of 1987 is amended by
20changing Section 5-410 as follows:
21    (705 ILCS 405/5-410)
22    Sec. 5-410. Non-secure custody or detention.
23    (1) Placement of a minor away from his or her home must be
24a last resort and the least restrictive alternative available.



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1Any minor arrested or taken into custody pursuant to this Act
2who requires care away from his or her home but who does not
3require physical restriction shall be given temporary care in
4a foster family home or other shelter facility designated by
5the court.
6    (2)(a-1) (a) On or after July 1, 2024, any Any minor 12 10
7years of age or older arrested pursuant to this Act where there
8is probable cause to believe that the minor is a delinquent
9minor and that (i) secure custody is a matter of immediate and
10urgent necessity, in light of a serious threat to the physical
11safety of a person or persons in the community or in order to
12secure the presence of the minor at the next hearing, as
13evidenced by a demonstrable record of willful failure to
14appear at a scheduled court hearing within the past 12 months,
15may be kept or detained in an authorized detention facility.
16On or after July 1, 2025, with the exception of minors age 12
17years or older and charged with first degree murder,
18aggravated criminal sexual assault, aggravated battery in
19which a firearm was used in the offense, or aggravated
20vehicular hijacking, any minor 13 years of age or older
21arrested pursuant to this Act where there is probable cause to
22believe that the minor is a delinquent minor and that secure
23custody is a matter of immediate and urgent necessity in light
24of a serious threat to the physical safety of a person or
25persons in the community, or to secure the presence of the
26minor at the next hearing as evidenced by a demonstrable



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1record of willful failure to appear at a scheduled court
2hearing within the past 12 months may be kept or detained in an
3authorized detention facility. for the protection of the minor
4or of the person or property of another, (ii) the minor is
5likely to flee the jurisdiction of the court, or (iii) the
6minor was taken into custody under a warrant, may be kept or
7detained in an authorized detention facility. A minor under 13
8years of age shall not be admitted, kept, or detained in a
9detention facility unless a local youth service provider,
10including a provider through the Comprehensive Community Based
11Youth Services network, has been contacted and has not been
12able to accept the minor. No minor under 13 12 years of age
13shall be detained in a county jail or a municipal lockup for
14more than 6 hours.
15    (a-2) Probation and court services shall document and
16share on a monthly basis with the Illinois Juvenile Justice
17Commission each instance where alternatives to detention
18failed or were lacking, including the basis for detention, the
19providers who were contacted, and the reason alternatives were
20rejected, lacking or denied.
21    (a-3) Instead of detention, minors under the age of 13 who
22are in conflict with the law may be held accountable through a
23petition under Article 3, Minors Requiring Authoritative
24Intervention, or may be held accountable through a community
25mediation program as set forth in Section 5-310.
26    (a-5) For a minor arrested or taken into custody for



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1vehicular hijacking or aggravated vehicular hijacking, a
2previous finding of delinquency for vehicular hijacking or
3aggravated vehicular hijacking shall be given greater weight
4in determining whether secured custody of a minor is a matter
5of immediate and urgent necessity for the protection of the
6minor or of the person or property of another.
7    (b) The written authorization of the probation officer or
8detention officer (or other public officer designated by the
9court in a county having 3,000,000 or more inhabitants)
10constitutes authority for the superintendent of any juvenile
11detention home to detain and keep a minor for up to 40 hours,
12excluding Saturdays, Sundays, and court-designated holidays.
13These records shall be available to the same persons and
14pursuant to the same conditions as are law enforcement records
15as provided in Section 5-905.
16    (b-4) The consultation required by paragraph (b-5) shall
17not be applicable if the probation officer or detention
18officer (or other public officer designated by the court in a
19county having 3,000,000 or more inhabitants) utilizes a
20scorable detention screening instrument, which has been
21developed with input by the State's Attorney, to determine
22whether a minor should be detained, however, paragraph (b-5)
23shall still be applicable where no such screening instrument
24is used or where the probation officer, detention officer (or
25other public officer designated by the court in a county
26having 3,000,000 or more inhabitants) deviates from the



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1screening instrument.
2    (b-5) Subject to the provisions of paragraph (b-4), if a
3probation officer or detention officer (or other public
4officer designated by the court in a county having 3,000,000
5or more inhabitants) does not intend to detain a minor for an
6offense which constitutes one of the following offenses he or
7she shall consult with the State's Attorney's Office prior to
8the release of the minor: first degree murder, second degree
9murder, involuntary manslaughter, criminal sexual assault,
10aggravated criminal sexual assault, aggravated battery with a
11firearm as described in Section 12-4.2 or subdivision (e)(1),
12(e)(2), (e)(3), or (e)(4) of Section 12-3.05, aggravated or
13heinous battery involving permanent disability or
14disfigurement or great bodily harm, robbery, aggravated
15robbery, armed robbery, vehicular hijacking, aggravated
16vehicular hijacking, vehicular invasion, arson, aggravated
17arson, kidnapping, aggravated kidnapping, home invasion,
18burglary, or residential burglary.
19    (c) Except as otherwise provided in paragraph (a), (d), or
20(e), no minor shall be detained in a county jail or municipal
21lockup for more than 12 hours, unless the offense is a crime of
22violence in which case the minor may be detained up to 24
23hours. For the purpose of this paragraph, "crime of violence"
24has the meaning ascribed to it in Section 1-10 of the
25Alcoholism and Other Drug Abuse and Dependency Act.
26        (i) The period of detention is deemed to have begun



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1    once the minor has been placed in a locked room or cell or
2    handcuffed to a stationary object in a building housing a
3    county jail or municipal lockup. Time spent transporting a
4    minor is not considered to be time in detention or secure
5    custody.
6        (ii) Any minor so confined shall be under periodic
7    supervision and shall not be permitted to come into or
8    remain in contact with adults in custody in the building.
9        (iii) Upon placement in secure custody in a jail or
10    lockup, the minor shall be informed of the purpose of the
11    detention, the time it is expected to last and the fact
12    that it cannot exceed the time specified under this Act.
13        (iv) A log shall be kept which shows the offense which
14    is the basis for the detention, the reasons and
15    circumstances for the decision to detain, and the length
16    of time the minor was in detention.
17        (v) Violation of the time limit on detention in a
18    county jail or municipal lockup shall not, in and of
19    itself, render inadmissible evidence obtained as a result
20    of the violation of this time limit. Minors under 18 years
21    of age shall be kept separate from confined adults and may
22    not at any time be kept in the same cell, room, or yard
23    with adults confined pursuant to criminal law. Persons 18
24    years of age and older who have a petition of delinquency
25    filed against them may be confined in an adult detention
26    facility. In making a determination whether to confine a



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1    person 18 years of age or older who has a petition of
2    delinquency filed against the person, these factors, among
3    other matters, shall be considered:
4            (A) the age of the person;
5            (B) any previous delinquent or criminal history of
6        the person;
7            (C) any previous abuse or neglect history of the
8        person; and
9            (D) any mental health or educational history of
10        the person, or both.
11    (d) (i) If a minor 12 years of age or older is confined in
12a county jail in a county with a population below 3,000,000
13inhabitants, then the minor's confinement shall be implemented
14in such a manner that there will be no contact by sight, sound,
15or otherwise between the minor and adult prisoners. Minors 12
16years of age or older must be kept separate from confined
17adults and may not at any time be kept in the same cell, room,
18or yard with confined adults. This paragraph (d)(i) shall only
19apply to confinement pending an adjudicatory hearing and shall
20not exceed 40 hours, excluding Saturdays, Sundays, and
21court-designated holidays. To accept or hold minors during
22this time period, county jails shall comply with all
23monitoring standards adopted by the Department of Corrections
24and training standards approved by the Illinois Law
25Enforcement Training Standards Board.
26    (ii) To accept or hold minors, 12 years of age or older,



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1after the time period prescribed in paragraph (d)(i) of this
2subsection (2) of this Section but not exceeding 7 days
3including Saturdays, Sundays, and holidays pending an
4adjudicatory hearing, county jails shall comply with all
5temporary detention standards adopted by the Department of
6Corrections and training standards approved by the Illinois
7Law Enforcement Training Standards Board.
8    (iii) To accept or hold minors 12 years of age or older,
9after the time period prescribed in paragraphs (d)(i) and
10(d)(ii) of this subsection (2) of this Section, county jails
11shall comply with all county juvenile detention standards
12adopted by the Department of Juvenile Justice.
13    (e) When a minor who is at least 15 years of age is
14prosecuted under the criminal laws of this State, the court
15may enter an order directing that the juvenile be confined in
16the county jail. However, any juvenile confined in the county
17jail under this provision shall be separated from adults who
18are confined in the county jail in such a manner that there
19will be no contact by sight, sound or otherwise between the
20juvenile and adult prisoners.
21    (f) For purposes of appearing in a physical lineup, the
22minor may be taken to a county jail or municipal lockup under
23the direct and constant supervision of a juvenile police
24officer. During such time as is necessary to conduct a lineup,
25and while supervised by a juvenile police officer, the sight
26and sound separation provisions shall not apply.



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1    (g) For purposes of processing a minor, the minor may be
2taken to a county jail or municipal lockup under the direct and
3constant supervision of a law enforcement officer or
4correctional officer. During such time as is necessary to
5process the minor, and while supervised by a law enforcement
6officer or correctional officer, the sight and sound
7separation provisions shall not apply.
8    (3) If the probation officer or State's Attorney (or such
9other public officer designated by the court in a county
10having 3,000,000 or more inhabitants) determines that the
11minor may be a delinquent minor as described in subsection (3)
12of Section 5-105, and should be retained in custody but does
13not require physical restriction, the minor may be placed in
14non-secure custody for up to 40 hours pending a detention
16    (4) Any minor taken into temporary custody, not requiring
17secure detention, may, however, be detained in the home of his
18or her parent or guardian subject to such conditions as the
19court may impose.
20    (5) The changes made to this Section by Public Act 98-61
21apply to a minor who has been arrested or taken into custody on
22or after January 1, 2014 (the effective date of Public Act
24(Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)