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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Juvenile Court Act of 1987 is amended by | |||||||||||||||||||||||
5 | changing Sections 5-407, 5-410, and 5-415 as follows:
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6 | (705 ILCS 405/5-407)
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7 | Sec. 5-407. Processing of juvenile in possession of a | |||||||||||||||||||||||
8 | firearm.
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9 | (a) If a law enforcement officer detains a minor pursuant | |||||||||||||||||||||||
10 | to Section
10-27.1A of the
School Code, the officer shall | |||||||||||||||||||||||
11 | deliver the minor to the nearest juvenile
officer, in the | |||||||||||||||||||||||
12 | manner
prescribed by subsection (2) of Section 5-405 of this | |||||||||||||||||||||||
13 | Act. The juvenile
officer shall deliver the
minor without | |||||||||||||||||||||||
14 | unnecessary delay to the court or to the place designated by | |||||||||||||||||||||||
15 | rule
or order of court
for the reception of minors. In no event | |||||||||||||||||||||||
16 | shall the minor be eligible for any
other disposition by
the | |||||||||||||||||||||||
17 | juvenile police officer, notwithstanding the provisions of | |||||||||||||||||||||||
18 | subsection (3)
of Section 5-405 of
this Act.
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19 | (b) Minors shall be brought before a judicial officer | |||||||||||||||||||||||
20 | within
40 hours, which includes
exclusive of Saturdays,
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21 | Sundays, and court-designated holidays, for a detention | |||||||||||||||||||||||
22 | hearing to determine
whether he or she
shall be further held in | |||||||||||||||||||||||
23 | custody. If the court finds that there is probable
cause to |
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1 | believe that the
minor is a delinquent minor by virtue of his | ||||||
2 | or her violation of item (4) of
subsection (a) of
Section 24-1 | ||||||
3 | of the Criminal Code of 1961 or the Criminal Code of 2012
while | ||||||
4 | on school grounds, that finding shall create a presumption that | ||||||
5 | immediate
and urgent necessity exists under
subdivision (2) of | ||||||
6 | Section 5-501 of this Act. Once the presumption of
immediate | ||||||
7 | and urgent necessity has been raised, the burden of | ||||||
8 | demonstrating the
lack of immediate and urgent necessity shall | ||||||
9 | be on any party that is opposing
detention for the minor. | ||||||
10 | Should the court order detention pursuant to this
Section, the | ||||||
11 | minor
shall be detained, pending the results of a court-ordered
| ||||||
12 | psychological
evaluation to determine if the minor is a risk to | ||||||
13 | himself, herself, or others.
Upon receipt of the
psychological | ||||||
14 | evaluation, the court shall review the determination regarding
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15 | the existence of
urgent and immediate necessity. The court | ||||||
16 | shall consider the psychological
evaluation in
conjunction | ||||||
17 | with the other factors identified in subdivision (2) of Section
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18 | 5-501 of this Act in
order to make a de novo determination | ||||||
19 | regarding whether it is a matter of
immediate and urgent
| ||||||
20 | necessity for the protection of the minor or of the person or | ||||||
21 | property of
another that the minor be
detained or placed in a | ||||||
22 | shelter care facility. In addition to the pre-trial
conditions | ||||||
23 | found in
Section 5-505 of this Act, the court may order the | ||||||
24 | minor to receive counseling
and any other
services recommended | ||||||
25 | by the psychological evaluation as a condition for release
of | ||||||
26 | the minor.
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1 | (c) Upon making a determination that the student presents a | ||||||
2 | risk to himself,
herself, or
others, the court shall issue an | ||||||
3 | order restraining the student from entering
the property of the
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4 | school if he or she has been suspended or expelled from the | ||||||
5 | school as a result
of possessing a
firearm. The order shall | ||||||
6 | restrain the student from entering the school and
school
owned | ||||||
7 | or leased
property, including any conveyance owned, leased, or | ||||||
8 | contracted by the school
to transport
students to or from | ||||||
9 | school or a school-related activity. The order shall
remain in | ||||||
10 | effect until such
time as the court determines that the student | ||||||
11 | no longer presents a risk to
himself, herself, or
others.
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12 | (d) Psychological evaluations ordered pursuant to | ||||||
13 | subsection (b) of this
Section and
statements made by the minor | ||||||
14 | during the course of these evaluations, shall not
be admissible | ||||||
15 | on
the issue of delinquency during the course of any | ||||||
16 | adjudicatory hearing held
under this Act.
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17 | (e) In this Section:
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18 | "School" means any public or
private
elementary or | ||||||
19 | secondary school.
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20 | "School grounds" includes the real
property comprising
any | ||||||
21 | school, any conveyance owned, leased, or contracted by a school | ||||||
22 | to
transport students to or
from school or a school-related | ||||||
23 | activity, or any public way within 1,000
feet of the real
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24 | property comprising any school.
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25 | (Source: P.A. 99-258, eff. 1-1-16 .)
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1 | (705 ILCS 405/5-410)
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2 | Sec. 5-410. Non-secure custody or detention.
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3 | (1) Any minor arrested or taken into custody pursuant to | ||||||
4 | this Act who
requires care away from his or her home but who | ||||||
5 | does not require physical
restriction shall be given temporary | ||||||
6 | care in a foster family home or other
shelter facility | ||||||
7 | designated by the court.
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8 | (2) (a) Any minor 10 years of age or older arrested
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9 | pursuant to this Act where there is probable cause to believe | ||||||
10 | that the minor
is a delinquent minor and that
(i) secure | ||||||
11 | secured custody is a matter of immediate and urgent necessity | ||||||
12 | for the
protection of the minor or of the person or property of | ||||||
13 | another, (ii) the minor
is likely to flee the jurisdiction of | ||||||
14 | the court, or (iii) the minor was taken
into custody under a | ||||||
15 | warrant, may be kept or detained in an authorized
detention | ||||||
16 | facility. A minor under 13 years of age shall not be admitted, | ||||||
17 | kept, or detained in a detention facility unless a local youth | ||||||
18 | service provider, including a provider through the | ||||||
19 | Comprehensive Community Based Youth Services network, has been | ||||||
20 | contacted and has not been able to accept the minor. No minor | ||||||
21 | under 12 years of age shall be detained in a
county jail or a | ||||||
22 | municipal lockup for more than 6 hours.
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23 | (a-5) For a minor arrested or taken into custody for | ||||||
24 | vehicular hijacking or aggravated vehicular hijacking, a | ||||||
25 | previous finding of delinquency for vehicular hijacking or | ||||||
26 | aggravated vehicular hijacking shall be given greater weight in |
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1 | determining whether secured custody of a minor is a matter of | ||||||
2 | immediate and urgent necessity for the protection of the minor | ||||||
3 | or of the person or property of another. | ||||||
4 | (b) The written authorization of the probation officer or | ||||||
5 | detention officer
(or other public officer designated by the | ||||||
6 | court in a county having
3,000,000 or more inhabitants) | ||||||
7 | constitutes authority for the superintendent of
any juvenile | ||||||
8 | detention home to detain and keep a minor for up to 40 hours, | ||||||
9 | which includes
excluding Saturdays, Sundays , and | ||||||
10 | court-designated holidays. These
records shall be available to | ||||||
11 | the same persons and pursuant to the same
conditions as are law | ||||||
12 | enforcement records as provided in Section 5-905.
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13 | (b-4) The consultation required by paragraph subsection | ||||||
14 | (b-5) shall not be applicable
if the probation officer or | ||||||
15 | detention officer (or other public officer
designated
by the | ||||||
16 | court in a
county having 3,000,000 or more inhabitants) | ||||||
17 | utilizes a scorable detention
screening instrument, which has | ||||||
18 | been developed with input by the State's
Attorney, to
determine | ||||||
19 | whether a minor should be detained, however, paragraph | ||||||
20 | subsection (b-5) shall
still be applicable where no such | ||||||
21 | screening instrument is used or where the
probation officer, | ||||||
22 | detention officer (or other public officer designated by the
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23 | court in a county
having 3,000,000 or more inhabitants) | ||||||
24 | deviates from the screening instrument.
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25 | (b-5) Subject to the provisions of paragraph subsection | ||||||
26 | (b-4), if a probation officer
or detention officer
(or other |
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1 | public officer designated by
the court in a county having | ||||||
2 | 3,000,000 or more inhabitants) does not intend to
detain a | ||||||
3 | minor for an offense which constitutes one of the following | ||||||
4 | offenses
he or she shall consult with the State's Attorney's | ||||||
5 | Office prior to the release
of the minor: first degree murder, | ||||||
6 | second degree murder, involuntary
manslaughter, criminal | ||||||
7 | sexual assault, aggravated criminal sexual assault,
aggravated | ||||||
8 | battery with a firearm as described in Section 12-4.2 or | ||||||
9 | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section | ||||||
10 | 12-3.05, aggravated or heinous battery involving
permanent | ||||||
11 | disability or disfigurement or great bodily harm, robbery, | ||||||
12 | aggravated
robbery, armed robbery, vehicular hijacking, | ||||||
13 | aggravated vehicular hijacking,
vehicular invasion, arson, | ||||||
14 | aggravated arson, kidnapping, aggravated kidnapping,
home | ||||||
15 | invasion, burglary, or residential burglary.
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16 | (c) Except as otherwise provided in paragraph (a), (d), or | ||||||
17 | (e), no minor
shall
be detained in a county jail or municipal | ||||||
18 | lockup for more than 12 hours, unless
the offense is a crime of | ||||||
19 | violence in which case the minor may be detained up
to 24 | ||||||
20 | hours. For the purpose of this paragraph, "crime of violence" | ||||||
21 | has the
meaning
ascribed to it in Section 1-10 of the | ||||||
22 | Alcoholism and Other Drug Abuse and
Dependency Act.
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23 | (i) The
period of detention is deemed to have begun | ||||||
24 | once the minor has been placed in a
locked room or cell or | ||||||
25 | handcuffed to a stationary object in a building housing
a | ||||||
26 | county jail or municipal lockup. Time spent transporting a |
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1 | minor is not
considered to be time in detention or secure | ||||||
2 | custody.
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3 | (ii) Any minor so
confined shall be under periodic | ||||||
4 | supervision and shall not be permitted to come
into or | ||||||
5 | remain in contact with adults in custody in the building.
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6 | (iii) Upon
placement in secure custody in a jail or | ||||||
7 | lockup, the
minor shall be informed of the purpose of the | ||||||
8 | detention, the time it is
expected to last and the fact | ||||||
9 | that it cannot exceed the time specified under
this Act.
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10 | (iv) A log shall
be kept which shows the offense which | ||||||
11 | is the basis for the detention, the
reasons and | ||||||
12 | circumstances for the decision to detain , and the length of | ||||||
13 | time the
minor was in detention.
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14 | (v) Violation of the time limit on detention
in a | ||||||
15 | county jail or municipal lockup shall not, in and of | ||||||
16 | itself, render
inadmissible evidence obtained as a result | ||||||
17 | of the violation of this
time limit. Minors under 18 years | ||||||
18 | of age shall be kept separate from confined
adults and may | ||||||
19 | not at any time be kept in the same cell, room , or yard | ||||||
20 | with
adults confined pursuant to criminal law. Persons 18 | ||||||
21 | years of age and older
who have a petition of delinquency | ||||||
22 | filed against them may be
confined in an
adult detention | ||||||
23 | facility.
In making a determination whether to confine a | ||||||
24 | person 18 years of age or
older
who has a petition of | ||||||
25 | delinquency filed against the person, these factors,
among | ||||||
26 | other matters, shall be considered:
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1 | (A) the The age of the person;
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2 | (B) any Any previous delinquent or criminal | ||||||
3 | history of the person;
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4 | (C) any Any previous abuse or neglect history of | ||||||
5 | the person; and
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6 | (D) any Any mental health or educational history of | ||||||
7 | the person, or both.
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8 | (d) (i) If a minor 12 years of age or older is confined in a | ||||||
9 | county jail
in a
county with a population below 3,000,000 | ||||||
10 | inhabitants, then the minor's
confinement shall be implemented | ||||||
11 | in such a manner that there will be no contact
by sight, sound , | ||||||
12 | or otherwise between the minor and adult prisoners. Minors
12 | ||||||
13 | years of age or older must be kept separate from confined | ||||||
14 | adults and may not
at any time
be kept in the same cell, room, | ||||||
15 | or yard with confined adults. This paragraph
(d)(i) shall only | ||||||
16 | apply to confinement pending an adjudicatory hearing and
shall | ||||||
17 | not exceed 40 hours, excluding Saturdays, Sundays , and | ||||||
18 | court-designated court designated
holidays. To accept or hold | ||||||
19 | minors during this time period, county jails shall
comply with | ||||||
20 | all monitoring standards adopted by the Department of
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21 | Corrections and training standards approved by the Illinois Law | ||||||
22 | Enforcement
Training Standards Board.
| ||||||
23 | (ii) To accept or hold minors, 12 years of age or older, | ||||||
24 | after the time
period
prescribed in paragraph (d)(i) of this | ||||||
25 | subsection (2) of this Section but not
exceeding 7 days | ||||||
26 | including Saturdays, Sundays , and holidays pending an
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1 | adjudicatory hearing, county jails shall comply with all | ||||||
2 | temporary detention
standards adopted by the Department of | ||||||
3 | Corrections and training standards
approved by the Illinois Law | ||||||
4 | Enforcement Training Standards Board.
| ||||||
5 | (iii) To accept or hold minors 12 years of age or older, | ||||||
6 | after the time
period prescribed in paragraphs (d)(i) and | ||||||
7 | (d)(ii) of this subsection (2) of
this
Section, county jails | ||||||
8 | shall comply with all county juvenile detention standards | ||||||
9 | adopted by the Department of Juvenile Justice.
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10 | (e) When a minor who is at least 15 years of age is | ||||||
11 | prosecuted under the
criminal laws of this State,
the court may | ||||||
12 | enter an order directing that the juvenile be confined
in the | ||||||
13 | county jail. However, any juvenile confined in the county jail | ||||||
14 | under
this provision shall be separated from adults who are | ||||||
15 | confined in the county
jail in such a manner that there will be | ||||||
16 | no contact by sight, sound or
otherwise between the juvenile | ||||||
17 | and adult prisoners.
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18 | (f) For purposes of appearing in a physical lineup, the | ||||||
19 | minor may be taken
to a county jail or municipal lockup under | ||||||
20 | the direct and constant supervision
of a juvenile police | ||||||
21 | officer. During such time as is necessary to conduct a
lineup, | ||||||
22 | and while supervised by a juvenile police officer, the sight | ||||||
23 | and sound
separation provisions shall not apply.
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24 | (g) For purposes of processing a minor, the minor may be | ||||||
25 | taken to a county jail County
Jail or municipal lockup under | ||||||
26 | the direct and constant supervision of a law
enforcement |
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1 | officer or correctional officer. During such time as is | ||||||
2 | necessary
to process the minor, and while supervised by a law | ||||||
3 | enforcement officer or
correctional officer, the sight and | ||||||
4 | sound separation provisions shall not
apply.
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5 | (3) If the probation officer or State's Attorney (or such | ||||||
6 | other public
officer designated by the court in a county having | ||||||
7 | 3,000,000 or more
inhabitants) determines that the minor may be | ||||||
8 | a delinquent minor as described
in subsection (3) of Section | ||||||
9 | 5-105, and should be retained in custody but does
not require
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10 | physical restriction, the minor may be placed in non-secure | ||||||
11 | custody for up to
40 hours pending a detention hearing.
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12 | (4) Any minor taken into temporary custody, not requiring | ||||||
13 | secure
detention, may, however, be detained in the home of his | ||||||
14 | or her parent or
guardian subject to such conditions as the | ||||||
15 | court may impose.
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16 | (5) The changes made to this Section by Public Act 98-61 | ||||||
17 | apply to a minor who has been arrested or taken into custody on | ||||||
18 | or after January 1, 2014 (the effective date of Public Act | ||||||
19 | 98-61). | ||||||
20 | (Source: P.A. 99-254, eff. 1-1-16; 100-745, eff. 8-10-18; | ||||||
21 | revised 10-3-18.)
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22 | (705 ILCS 405/5-415)
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23 | Sec. 5-415. Setting of detention or shelter care hearing; | ||||||
24 | release.
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25 | (1) Unless sooner released, a minor alleged to be a |
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1 | delinquent minor taken
into temporary custody must be brought | ||||||
2 | before a judicial officer within 40
hours for a detention or | ||||||
3 | shelter care hearing to determine whether he or she
shall be
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4 | further held in custody. If a minor alleged to be a delinquent | ||||||
5 | minor taken into
custody is hospitalized or is receiving | ||||||
6 | treatment for a physical or mental
condition, and is unable to | ||||||
7 | be brought before a judicial officer for a
detention or shelter | ||||||
8 | care hearing, the 40 hour period will not commence until
the | ||||||
9 | minor is released from the hospital or place of treatment. If | ||||||
10 | the minor
gives false information to law enforcement officials | ||||||
11 | regarding the minor's
identity or age, the 40 hour period will | ||||||
12 | not commence until the court rules
that the minor is subject to | ||||||
13 | this Act and not subject to prosecution under the
Criminal Code | ||||||
14 | of 1961 or the Criminal Code of 2012. Any
other delay | ||||||
15 | attributable to a minor alleged to be a delinquent minor who is
| ||||||
16 | taken into temporary custody shall act to toll the 40 hour time | ||||||
17 | period. The 40 hour time period shall be tolled to allow | ||||||
18 | counsel for the minor to prepare for the detention or shelter | ||||||
19 | care hearing, upon a motion filed by such counsel and granted | ||||||
20 | by the court. In all
cases, the 40 hour time period which | ||||||
21 | includes is exclusive of Saturdays, Sundays , and
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22 | court-designated holidays.
| ||||||
23 | (2) If the State's Attorney or probation officer (or other | ||||||
24 | public
officer designated by the court in a county having more | ||||||
25 | than 3,000,000
inhabitants) determines that the minor should be | ||||||
26 | retained in custody, he or she
shall
cause a petition to be |
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1 | filed as provided in Section 5-520 of this Article, and
the | ||||||
2 | clerk of the court shall set the matter for hearing on the | ||||||
3 | detention or
shelter care hearing calendar. Immediately upon | ||||||
4 | the filing of a petition in the case of a minor retained in | ||||||
5 | custody, the court shall cause counsel to be appointed to | ||||||
6 | represent the minor. When a parent, legal guardian, custodian, | ||||||
7 | or
responsible relative is present and so requests, the | ||||||
8 | detention or shelter care
hearing shall be held immediately if | ||||||
9 | the court is in session
and the State is ready to proceed, | ||||||
10 | otherwise at the earliest feasible time.
In no event shall a | ||||||
11 | detention or shelter care hearing be held until the minor has | ||||||
12 | had adequate opportunity to consult with counsel. The probation | ||||||
13 | officer or such other public officer designated by the court in | ||||||
14 | a
county having more than 3,000,000 inhabitants shall notify | ||||||
15 | the minor's parent,
legal guardian, custodian, or responsible | ||||||
16 | relative of the time and place of the
hearing. The notice may | ||||||
17 | be given orally.
| ||||||
18 | (3) The minor must be released from custody at the | ||||||
19 | expiration of the 40
hour period specified by this Section if | ||||||
20 | not brought before a judicial officer
within that period.
| ||||||
21 | (4) After the initial 40 hour period has lapsed, the court | ||||||
22 | may review the
minor's custodial status at any time prior to | ||||||
23 | the trial or sentencing
hearing. If during this time period new | ||||||
24 | or additional information becomes
available concerning the | ||||||
25 | minor's conduct, the court may conduct a hearing to
determine | ||||||
26 | whether the minor should be placed in a detention or shelter |
| |||||||
| |||||||
1 | care
facility. If the court finds that there is probable cause | ||||||
2 | that the minor is a
delinquent minor and that it is a matter of | ||||||
3 | immediate and urgent necessity for
the protection of the minor | ||||||
4 | or of the person or property of another, or that he
or she is | ||||||
5 | likely to flee the jurisdiction of the court, the court may | ||||||
6 | order
that the minor be placed in detention or shelter care.
| ||||||
7 | (Source: P.A. 97-1150, eff. 1-25-13.)
|