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91_HB3603eng HB3603 Engrossed 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 HB3603 Engrossed -2- LRB9110907RCpk 1 applicable at trial. After thesuchevidence 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. HB3603 Engrossed -3- LRB9110907RCpk 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 HB3603 Engrossed -4- LRB9110907RCpk 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 HB3603 Engrossed -5- LRB9110907RCpk 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.)