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(705 ILCS 405/5-405)
Sec. 5-405. Duty of officer; admissions by minor.
(1) A law enforcement officer who arrests a minor with a warrant shall
immediately make a reasonable attempt to notify the parent or other person
legally responsible for the minor's care or the person with whom the minor
resides that the minor has been arrested and where the minor is being
held. The minor shall be delivered without unnecessary delay to the court or
to the place designated by rule or order of court for the reception of minors.
(2) A law enforcement officer who arrests a minor without a warrant under
Section 5-401
shall, if the minor is not released, immediately make a reasonable attempt to
notify the parent or other person legally responsible for the minor's care or
the person with whom the minor resides that the minor has been
arrested and where the minor is being held; and the law enforcement officer
shall without unnecessary delay take the minor to the nearest juvenile police
officer designated for these purposes in the county of venue or shall surrender
the minor to a juvenile police officer in the city or village where the offense
is alleged to have been committed. If a minor is taken into custody for an
offense which would be a misdemeanor if committed by an adult, the law
enforcement officer, upon determining
the true identity of the
minor, may release the minor to the parent or other person legally responsible
for the minor's care or the person with whom the minor resides.
If a minor is so released, the law enforcement officer shall
promptly notify a juvenile police officer of the circumstances of the custody
and release.
(3) The juvenile police officer may take one of the following actions:
(a) station adjustment and
release of the minor;
(b) release the minor to the minor's parents and |
| refer the case to Juvenile Court;
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(c) if the juvenile police officer reasonably
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| believes that there is an urgent and immediate necessity to keep the minor in custody, the juvenile police officer shall deliver the minor without unnecessary delay to the court or to the place designated by rule or order of court for the reception of minors;
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(d) any other appropriate action with consent of the
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(4) The factors to be considered in determining whether to release or keep
a minor in custody shall include:
(a) the nature of the allegations against the minor;
(b) the minor's history and present situation;
(c) the history of the minor's family and the
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| family's present situation;
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(d) the educational and employment status of the
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(e) the availability of special resource or community
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| services to aid or counsel the minor;
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(f) the minor's past involvement with and progress in
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(g) the attitude of complainant and community toward
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(h) the present attitude of the minor and family.
(5) The records of law enforcement officers concerning all minors taken
into custody
under this Act shall be maintained separate from the records of arrests of
adults and may not be inspected by or disclosed to the public except pursuant
to Section 5-901 and Section 5-905.
(Source: P.A. 103-22, eff. 8-8-23.)
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