SB1609 102ND GENERAL ASSEMBLY

LRB102 13612 KMF 18962 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1609

Introduced 2/26/2021, by Sen. Bill Cunningham

SYNOPSIS AS INTRODUCED:

705 ILCS 405/5-408 new

Amends the Juvenile Court Act of 1987. Provides that if a law enforcement officer detains a minor for an act that if committed by an adult would constitute vehicular hijacking, aggravated vehicular hijacking, or possession of a stolen motor vehicle, the officer shall deliver the minor to the nearest juvenile officer. Provides that the juvenile officer shall deliver the minor to the court or other place designated by rule or order. Provides that the minor 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 he or she shall be further held in custody. Makes other changes.

A BILL FOR

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 adding Section 5-408 as follows:

(705 ILCS 405/5-408 new)

Sec. 5-408. Processing of juvenile detained for certain offenses.

(a) If a law enforcement officer detains a minor for an act that if committed by an adult would constitute vehicular hijacking, aggravated vehicular hijacking, or possession of a stolen motor vehicle, the officer shall deliver the minor to the nearest juvenile officer, as provided under 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 he or she 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 his or her violation of Section 18-3 or 18-4 of the Criminal Code of 1961 or the Criminal Code of 2012 or item (1) of subsection (a) of Section 4-103 of the Illinois Vehicle Code, that finding shall create a presumption that immediate and urgent necessity exists under subsection (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 under 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 himself, herself, 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 subsection (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) Psychological evaluations ordered under 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.