HB3767ham001 102ND GENERAL ASSEMBLY

Rep. Robyn Gabel

Filed: 4/15/2021

10200HB3767ham001 LRB102 15041 KMF 25184 a

AMENDMENT TO HOUSE BILL 3767

AMENDMENT NO. ______. Amend House Bill 3767, on page 4, by replacing line 3 through line 20 with the following:

"(2)(a) On and after July 1, 2021, except for paragraphs (a-1) and (a-2) of this subsection (2), any minor 13 years of age or older arrested under this Act where there is probable cause to believe that the minor is a delinquent minor and that secure custody is a matter of immediate and urgent necessity in light of a serious threat to the physical safety of a person or persons in the community or to secure the presence of the minor at the next hearing, as evidenced by a demonstrable record of willful failure to appear at a scheduled court hearing within the last 12 months, may be kept or detained in an authorized detention facility. 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) secure 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.

(a-1) Until July 1, 2022, any minor 11 years of age or older arrested under this Act where there is probable cause to believe that the minor is a delinquent minor and that secure custody is a matter of immediate and urgent necessity in light of a serious threat to the physical safety of a person or persons in the community or to secure the presence of the minor at the next hearing, as evidenced by a demonstrable record of willful failure to appear at a scheduled court hearing within the last 12 months, may be kept or detained in an authorized detention facility. Prior to July 1, 2022, a minor aged 11 years old shall not be detained unless appropriate local service providers, such as crisis intervention services through Comprehensive Community Based Youth Services Network or a local behavioral health service, have been contacted and given an opportunity to develop an alternative to detention. Until July 1, 2022, probation shall document and share on a monthly basis with the Illinois Juvenile Justice Commission each instance when alternatives to detention fail for a minor aged 11, including the basis for detention, the providers that were contacted, and the reason alternatives were rejected.

(a-2) Until July 1, 2023, any minor 12 years of age or older arrested under this Act where there is probable cause to believe that the minor is a delinquent minor and that secure custody is a matter of immediate and urgent necessity in light of a serious threat to the physical safety of a person or persons in the community or to secure the presence of the minor at the next hearing, as evidenced by a demonstrable record of willful failure to appear at a scheduled court hearing within the last 12 months, may be kept or detained in an authorized detention facility. Prior to July 1, 2023, a minor aged 12 years old shall not be detained unless appropriate local service providers, such as crisis intervention services through Comprehensive Community Based Youth Services Network or a local behavioral health service, have been contacted and given an opportunity to develop an alternative to detention. Until July 1, 2023, probation shall document and share on a monthly basis with the Illinois Juvenile Justice Commission each instance when alternatives to detention fail for a minor aged 12, including the basis for detention, the providers that were contacted, and the reason alternatives were rejected.".