Illinois General Assembly - Illinois Compiled Statutes

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705 ILCS 405/5-407

(705 ILCS 405/5-407)

Sec. 5-407. Processing of juvenile in possession of a firearm.

(a) If a law enforcement officer detains a minor pursuant to Section
10-27.1A of the
School Code, the officer shall deliver the minor to the nearest juvenile
officer, in the manner
prescribed by subsection (2) of Section 5-405 of this Act.  The juvenile
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.  In no event shall the minor be eligible for any
other disposition by
the juvenile police officer, notwithstanding the provisions of subsection (3)
of Section 5-405 of
this Act.

(b) Minors shall be brought before a judicial officer within
40 hours,
exclusive of Saturdays,
Sundays, and court-designated holidays, for a detention hearing to determine
whether the minor 
shall be further held in custody.  If the court finds that there is probable
cause to believe that the
minor is a delinquent minor by virtue of the minor's violation of item (4) of
subsection (a) of
Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012
while on school grounds, that finding shall create a presumption that immediate
and urgent necessity exists under
subdivision (2) of Section 5-501 of this Act.  Once the presumption of
immediate and urgent necessity has been raised, the burden of demonstrating the
lack of immediate and urgent necessity shall be on any party that is opposing
detention for the minor.  Should the court order detention pursuant to this
Section, the minor
shall be detained, pending the results of a court-ordered
psychological
evaluation to determine if the minor is a risk to the minor or others.
Upon receipt of the
psychological evaluation, the court shall review the determination  regarding
the existence of
urgent and immediate necessity.  The court shall consider the psychological
evaluation in
conjunction with the other factors identified in subdivision (2) of Section
5-501 of this Act in
order to make a de novo determination regarding whether it is a matter of
immediate and urgent
necessity for the protection of the minor or of the person or property of
another that the minor be
detained or placed in a shelter care facility.  In addition to the pre-trial
conditions found in
Section 5-505 of this Act, the court may order the minor to receive counseling
and any other
services recommended by the psychological evaluation as a condition for release
of the minor.

(c) Upon making a determination that the student presents a risk to the student or
others, the court shall issue an order restraining the student from entering
the property of the
school if the student has been suspended or expelled from the school as a result
of possessing a
firearm.  The order shall restrain the student from entering the school and
school
owned or leased
property, including any conveyance owned, leased, or contracted by the school
to transport
students to or from school or a school-related activity.  The order shall
remain in effect until such
time as the court determines that the student no longer presents a risk to the student
 or
others.

(d) Psychological evaluations ordered pursuant to subsection (b) of this
Section and
statements made by the minor during the course of these evaluations, shall not
be admissible on
the issue of delinquency during the course of any adjudicatory hearing held
under this Act.

(e) In this Section:

"School" means any public or
private
elementary or secondary school.

"School grounds" includes the real
property comprising
any school, any conveyance owned, leased, or contracted by a school to
transport students to or
from school or a school-related activity, or any public way within 1,000
feet of the real
property comprising any school.

(Source: P.A. 103-22, eff. 8-8-23.)