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705 ILCS 405/3-4
(705 ILCS 405/3-4) (from Ch. 37, par. 803-4)
Sec. 3-4. Taking into limited custody.
(a) A law enforcement officer may, without a warrant, take into limited
custody a minor who the law enforcement officer reasonably determines is (i)
absent from home without consent of the minor's parent, guardian or custodian,
or (ii) beyond the control of the minor's parent, guardian or custodian, in
circumstances which constitute a substantial or immediate danger to the minor's
physical safety.
(b) A law enforcement officer who takes a minor into limited custody shall
(i) immediately inform the minor of the reasons for such limited custody,
and (ii) make a prompt, reasonable effort to inform the minor's parents,
guardian, or custodian that the minor has been taken into limited custody
and where the minor is being kept.
(c) If the minor consents, the law enforcement officer shall make a
reasonable effort to transport, arrange for the transportation of or
otherwise release the minor to the parent, guardian or custodian. Upon
release of a minor who is believed to need or would benefit from medical,
psychological, psychiatric or social services, the law enforcement officer
may inform the minor and the person to whom the minor is released of the
nature and location of appropriate services and shall, if requested, assist
in establishing contact between the family and an agency or association
providing such services.
(d) If the law enforcement officer is unable by all reasonable efforts
to contact a parent, custodian, relative or other responsible person; or
if the person contacted lives an unreasonable distance away; or if the
minor refuses to be taken to the minor's home or other appropriate residence; or
if the officer is otherwise unable despite all reasonable efforts to make
arrangements for the safe release of the minor taken into limited custody,
the law enforcement officer shall take or make reasonable arrangements for
transporting the minor to an agency or association providing crisis
intervention services, or, where appropriate, to a mental health or
developmental disabilities facility for screening for voluntary or involuntary
admission under Section 3-500 et seq. of the Illinois Mental Health and
Developmental Disabilities Code; provided that where no crisis intervention
services exist, the minor may be transported for services to court service
departments or probation departments under the court's administration.
(e) No minor shall be involuntarily subject to limited custody for more
than 6 hours from the time of the minor's initial contact with the law
enforcement officer.
(f) No minor taken into limited custody shall be placed in a jail, municipal
lockup, detention center or secure correctional facility.
(g) The taking of a minor into limited custody under this Section is
not an arrest nor does it constitute a police record; and the records of
law enforcement officers concerning all minors taken into limited custody
under this Section shall be maintained separate from the records of arrest
and may not be inspected by or disclosed to the public except by order of
the court. However, such records may be disclosed to the agency or association
providing interim crisis intervention services for the minor.
(h) Any law enforcement agency, juvenile officer or other law enforcement
officer acting reasonably and in good faith in the care of a minor in limited
custody shall be immune from any civil or criminal liability resulting from
such custody.
(Source: P.A. 103-22, eff. 8-8-23.)
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