Public Act 099-0254
 
HB2567 EnrolledLRB099 05754 RLC 25798 b


  
    AN ACT concerning courts.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Juvenile Court Act of 1987 is amended  by 
changing Section 5-410 as follows:
 


    (705 ILCS 405/5-410)



    Sec. 5-410. Non-secure custody or detention. 

    (1) Any minor arrested or taken into custody pursuant to 
this Act who
requires care away from his or her home but who 
does not require physical
restriction shall be given temporary 
care in a foster family home or other
shelter facility 
designated by the court.

    (2) (a) Any minor 10 years of age or older arrested

pursuant to this Act where there is probable cause to believe 
that the minor
is a delinquent minor and that
(i) secured 
custody is a matter of immediate and urgent necessity for the

protection of the minor or of the person or property of 
another, (ii) the minor
is likely to flee the jurisdiction of 
the court, or (iii) the minor was taken
into custody under a 
warrant, may be kept or detained in an authorized
detention 
facility.  A minor under 13 years of age shall not be admitted, 
kept, or detained in a detention facility unless a local youth 
service provider, including a provider through the 
Comprehensive Community Based Youth Services network, has been 
contacted and has not been able to accept the minor. No minor 
under 12 years of age shall be detained in a
county jail or a 
municipal lockup for more than 6 hours.

    (b) The written authorization of the probation officer or 
detention officer
(or other public officer designated by the 
court in a county having
3,000,000 or more inhabitants) 
constitutes authority for the superintendent of
any juvenile 
detention home to detain and keep a minor for up to 40 hours,

excluding Saturdays, Sundays and court-designated holidays.  
These
records shall be available to the same persons and 
pursuant to the same
conditions as are law enforcement records 
as provided in Section 5-905.

    (b-4) The consultation required by subsection (b-5) shall 
not be applicable
if the probation officer or detention officer 
(or other public officer
designated
by the court in a
county 
having 3,000,000 or more inhabitants) utilizes a scorable 
detention
screening instrument, which has been developed with 
input by the State's
Attorney, to
determine whether a minor 
should be detained, however, subsection (b-5) shall
still be 
applicable where no such screening instrument is used or where 
the
probation officer, detention officer (or other public 
officer designated by the
court in a county
having 3,000,000 or 
more inhabitants) deviates from the screening instrument.

    (b-5) Subject to the provisions of subsection (b-4), if a 
probation officer
or detention officer
(or other public officer 
designated by
the court in a county having 3,000,000 or more 
inhabitants) does not intend to
detain a minor for an offense 
which constitutes one of the following offenses
he or she shall 
consult with the State's Attorney's Office prior to the release

of the minor:  first degree murder, second degree murder, 
involuntary
manslaughter, criminal sexual assault, aggravated 
criminal sexual assault,
aggravated battery with a firearm as 
described in Section 12-4.2 or subdivision (e)(1), (e)(2), 
(e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous 
battery involving
permanent disability or disfigurement or 
great bodily harm, robbery, aggravated
robbery, armed robbery, 
vehicular hijacking, aggravated vehicular hijacking,
vehicular 
invasion, arson, aggravated arson, kidnapping, aggravated 
kidnapping,
home invasion, burglary, or residential burglary.

    (c) Except as otherwise provided in paragraph (a), (d), or 
(e), no minor
shall
be detained in a county jail or municipal 
lockup for more than 12 hours, unless
the offense is a crime of 
violence in which case the minor may be detained up
to 24 
hours. For the purpose of this paragraph, "crime of violence" 
has the
meaning
ascribed to it in Section 1-10 of the 
Alcoholism and Other Drug Abuse and
Dependency Act.

        (i) The
period of detention is deemed to have begun 
    once the minor has been placed in a
locked room or cell or 
    handcuffed to a stationary object in a building housing
a 
    county jail or municipal lockup.  Time spent transporting a 
    minor is not
considered to be time in detention or secure 
    custody.

        (ii) Any minor so
confined shall be under periodic 
    supervision and shall not be permitted to come
into or 
    remain in contact with adults in custody in the building.

        (iii) Upon
placement in secure custody in a jail or 
    lockup, the
minor shall be informed of the purpose of the 
    detention, the time it is
expected to last and the fact 
    that it cannot exceed the time specified under
this Act.

        (iv) A log shall
be kept which shows the offense which 
    is the basis for the detention, the
reasons and 
    circumstances for the decision to detain and the length of 
    time the
minor was in detention.

        (v) Violation of the time limit on detention
in a 
    county jail or municipal lockup shall not, in and of 
    itself, render
inadmissible evidence obtained as a result 
    of the violation of this
time limit.  Minors under 18 years 
    of age shall be kept separate from confined
adults and may 
    not at any time be kept in the same cell, room or yard with

    adults confined pursuant to criminal law.  Persons 18 years 
    of age and older
who have a petition of delinquency filed 
    against them may be
confined in an
adult detention 
    facility.
In making a determination whether to confine a 
    person 18 years of age or
older
who has a petition of 
    delinquency filed against the person, these factors,
among 
    other matters, shall be considered:

            (A) The age of the person;

            (B) Any previous delinquent or criminal history of 
        the person;

            (C) Any previous abuse or neglect history of the 
        person; and

            (D) Any mental health or educational history of the 
        person, or both.

    (d) (i) If a minor 12 years of age or older is confined in a 
county jail
in a
county with a population below 3,000,000 
inhabitants, then the minor's
confinement shall be implemented 
in such a manner that there will be no contact
by sight, sound 
or otherwise between the minor and adult prisoners.  Minors
12 
years of age or older must be kept separate from confined 
adults and may not
at any time
be kept in the same cell, room, 
or yard with confined adults.  This paragraph
(d)(i) shall only 
apply to confinement pending an adjudicatory hearing and
shall 
not exceed 40 hours, excluding Saturdays, Sundays and court 
designated
holidays.  To accept or hold minors during this time 
period, county jails shall
comply with all monitoring standards 
adopted by the Department of
Corrections and training standards 
approved by the Illinois Law Enforcement
Training Standards 
Board.

    (ii) To accept or hold minors, 12 years of age or older, 
after the time
period
prescribed in paragraph (d)(i) of this 
subsection (2) of this Section but not
exceeding 7 days 
including Saturdays, Sundays and holidays pending an

adjudicatory hearing, county jails shall comply with all 
temporary detention
standards adopted  by the Department of 
Corrections and training standards
approved by the Illinois Law 
Enforcement Training Standards Board.

    (iii) To accept or hold minors 12 years of age or older, 
after the time
period prescribed in paragraphs (d)(i) and 
(d)(ii) of this subsection (2) of
this
Section, county jails 
shall comply with all county juvenile detention standards 
adopted by the Department of Juvenile Justice.

    (e) When a minor who is at least 15 years of age is 
prosecuted under the
criminal laws of this State,
the court may 
enter an order directing that the juvenile be confined
in the 
county jail.  However, any juvenile confined in the county jail 
under
this provision shall be separated from adults who are 
confined in the county
jail in such a manner that there will be 
no contact by sight, sound or
otherwise between the juvenile 
and adult prisoners.

    (f) For purposes of appearing in a physical lineup, the 
minor may be taken
to a county jail or municipal lockup under 
the direct and constant supervision
of a juvenile police 
officer.  During such time as is necessary to conduct a
lineup, 
and while supervised by a juvenile police officer, the sight 
and sound
separation provisions shall not apply.

    (g) For purposes of processing a minor, the minor may be 
taken to a County
Jail or municipal lockup under the direct and 
constant supervision of a law
enforcement officer or 
correctional officer.  During such time as is necessary
to 
process the minor, and while supervised by a law enforcement 
officer or
correctional officer, the sight and sound separation 
provisions shall not
apply.

    (3) If the probation officer or State's Attorney (or such 
other public
officer designated by the court in a county having 
3,000,000 or more
inhabitants) determines that the minor may be 
a delinquent minor as described
in subsection (3) of Section 
5-105, and should be retained in custody but does
not require

physical restriction, the minor may be placed in non-secure 
custody for up to
40 hours pending a detention hearing.

    (4) Any minor taken into temporary custody, not requiring 
secure
detention, may, however, be detained in the home of his 
or her parent or
guardian subject to such conditions as the 
court may impose.

    (5) The changes made to this Section by Public Act 98-61 
apply to a minor who has been arrested or taken into custody on 
or after January 1, 2014 (the effective date of Public Act 
98-61). 
(Source: P.A. 98-61, eff. 1-1-14; 98-685, eff. 1-1-15; 98-756, 
eff. 7-16-14.)