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91_HB3603
LRB9110907RCpk
1 AN ACT to amend the Juvenile Court Act of 1987 by
2 changing Section 5-501.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Juvenile Court Act of 1987 is amended by
6 changing Section 5-501 as follows:
7 (705 ILCS 405/5-501)
8 Sec. 5-501. Detention or shelter care hearing. At the
9 appearance of the minor before the court at the detention or
10 shelter care hearing, the court shall receive all relevant
11 information and evidence, including affidavits concerning the
12 allegations made in the petition. Evidence used by the court
13 in its findings or stated in or offered in connection with
14 this Section may be by way of proffer based on reliable
15 information offered by the State or minor. All evidence
16 shall be admissible if it is relevant and reliable regardless
17 of whether it would be admissible under the rules of evidence
18 applicable at a trial. No hearing may be held unless the
19 minor is represented by counsel.
20 (1) If the court finds that there is not probable cause
21 to believe that the minor is a delinquent minor it shall
22 release the minor and dismiss the petition.
23 (2) If the court finds that there is probable cause to
24 believe that the minor is a delinquent minor, the minor, his
25 or her parent, guardian, custodian and other persons able to
26 give relevant testimony may be examined before the court.
27 The court may also consider any evidence by way of proffer
28 based upon reliable information offered by the State or the
29 minor. All evidence, including affidavits, shall be
30 admissible if it is relevant and reliable regardless of
31 whether it would be admissible under the rules of evidence
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1 applicable at trial. After the such evidence is presented,
2 the court may enter an order that the minor shall be released
3 upon the request of a parent, guardian or legal custodian if
4 the parent, guardian or custodian appears to take custody.
5 If the court finds that it is a matter of immediate and
6 urgent necessity for the protection of the minor or of the
7 person or property of another that the minor be detained or
8 placed in a shelter care facility or that he or she is likely
9 to flee the jurisdiction of the court, the court may
10 prescribe detention or shelter care and order that the minor
11 be kept in a suitable place designated by the court or in a
12 shelter care facility designated by the Department of
13 Children and Family Services or a licensed child welfare
14 agency; otherwise it shall release the minor from custody. If
15 the court prescribes shelter care, then in placing the minor,
16 the Department or other agency shall, to the extent
17 compatible with the court's order, comply with Section 7 of
18 the Children and Family Services Act. In making the
19 determination of the existence of immediate and urgent
20 necessity, the court shall consider among other matters: (a)
21 the nature and seriousness of the alleged offense; (b) the
22 minor's record of delinquency offenses, including whether the
23 minor has delinquency cases pending; (c) the minor's record
24 of willful failure to appear following the issuance of a
25 summons or warrant; (d) the availability of non-custodial
26 alternatives, including the presence of a parent, guardian or
27 other responsible relative able and willing to provide
28 supervision and care for the minor and to assure his or her
29 compliance with a summons. If the minor is ordered placed in
30 a shelter care facility of a licensed child welfare agency,
31 the court shall, upon request of the agency, appoint the
32 appropriate agency executive temporary custodian of the minor
33 and the court may enter such other orders related to the
34 temporary custody of the minor as it deems fit and proper.
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1 The order together with the court's findings of fact in
2 support of the order shall be entered of record in the court.
3 Once the court finds that it is a matter of immediate and
4 urgent necessity for the protection of the minor that the
5 minor be placed in a shelter care facility, the minor shall
6 not be returned to the parent, custodian or guardian until
7 the court finds that the placement is no longer necessary for
8 the protection of the minor.
9 (3) Only when there is reasonable cause to believe that
10 the minor taken into custody is a delinquent minor may the
11 minor be kept or detained in a facility authorized for
12 juvenile detention. This Section shall in no way be
13 construed to limit subsection (4).
14 (4) Minors 12 years of age or older must be kept
15 separate from confined adults and may not at any time be kept
16 in the same cell, room or yard with confined adults. This
17 paragraph (4):
18 (a) shall only apply to confinement pending an
19 adjudicatory hearing and shall not exceed 40 hours,
20 excluding Saturdays, Sundays, and court designated
21 holidays. To accept or hold minors during this time
22 period, county jails shall comply with all monitoring
23 standards for juvenile detention homes promulgated by the
24 Department of Corrections and training standards approved
25 by the Illinois Law Enforcement Training Standards Board.
26 (b) To accept or hold minors, 12 years of age or
27 older, after the time period prescribed in clause (a) of
28 subsection (4) of this Section but not exceeding 7 days
29 including Saturdays, Sundays, and holidays, pending an
30 adjudicatory hearing, county jails shall comply with all
31 temporary detention standards promulgated by the
32 Department of Corrections and training standards approved
33 by the Illinois Law Enforcement Training Standards Board.
34 (c) To accept or hold minors 12 years of age or
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1 older, after the time period prescribed in clause (a) and
2 (b), of this subsection county jails shall comply with
3 all programmatic and training standards for juvenile
4 detention homes promulgated by the Department of
5 Corrections.
6 (5) If the minor is not brought before a judicial
7 officer within the time period as specified in Section 5-415
8 the minor must immediately be released from custody.
9 (6) If neither the parent, guardian or legal custodian
10 appears within 24 hours to take custody of a minor released
11 from detention or shelter care, then the clerk of the court
12 shall set the matter for rehearing not later than 7 days
13 after the original order and shall issue a summons directed
14 to the parent, guardian or legal custodian to appear. At the
15 same time the probation department shall prepare a report on
16 the minor. If a parent, guardian or legal custodian does not
17 appear at such rehearing, the judge may enter an order
18 prescribing that the minor be kept in a suitable place
19 designated by the Department of Human Services or a licensed
20 child welfare agency. The time during which a minor is in
21 custody after being released upon the request of a parent,
22 guardian or legal custodian shall be considered as time spent
23 in detention for purposes of scheduling the trial.
24 (7) Any party, including the State, the temporary
25 custodian, an agency providing services to the minor or
26 family under a service plan pursuant to Section 8.2 of the
27 Abused and Neglected Child Reporting Act, foster parent, or
28 any of their representatives, may file a motion to modify or
29 vacate a temporary custody order or vacate a detention or
30 shelter care order on any of the following grounds:
31 (a) It is no longer a matter of immediate and
32 urgent necessity that the minor remain in detention or
33 shelter care; or
34 (b) There is a material change in the circumstances
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1 of the natural family from which the minor was removed;
2 or
3 (c) A person, including a parent, relative or legal
4 guardian, is capable of assuming temporary custody of the
5 minor; or
6 (d) Services provided by the Department of Children
7 and Family Services or a child welfare agency or other
8 service provider have been successful in eliminating the
9 need for temporary custody.
10 The clerk shall set the matter for hearing not later than
11 14 days after such motion is filed. In the event that the
12 court modifies or vacates a temporary order but does not
13 vacate its finding of probable cause, the court may order
14 that appropriate services be continued or initiated in behalf
15 of the minor and his or her family.
16 (8) Whenever a petition has been filed under Section
17 5-520 the court can, at any time prior to trial or
18 sentencing, order that the minor be placed in detention or a
19 shelter care facility after the court conducts a hearing and
20 finds that the conduct and behavior of the minor may endanger
21 the health, person, welfare, or property of himself or others
22 or that the circumstances of his or her home environment may
23 endanger his or her health, person, welfare or property.
24 (Source: P.A. 90-590, eff. 1-1-99.)