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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 Section 5-410 as follows:
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6 | (705 ILCS 405/5-410)
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7 | Sec. 5-410. Non-secure custody or detention.
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8 | (1) Any minor arrested or taken into custody pursuant to | ||||||||||||||||||||||||
9 | this Act who
requires care away from his or her home but who | ||||||||||||||||||||||||
10 | does not require physical
restriction shall be given temporary | ||||||||||||||||||||||||
11 | care in a foster family home or other
shelter facility | ||||||||||||||||||||||||
12 | designated by the court.
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13 | (2) (a) Any minor 10 years of age or older arrested
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14 | pursuant to this Act where there is probable cause to believe | ||||||||||||||||||||||||
15 | that the minor
is a delinquent minor and that
(i) secure | ||||||||||||||||||||||||
16 | secured custody is a matter of immediate and urgent necessity | ||||||||||||||||||||||||
17 | for the
protection of the minor or of the person or property of | ||||||||||||||||||||||||
18 | another, (ii) the minor
is likely to flee the jurisdiction of | ||||||||||||||||||||||||
19 | the court, or (iii) the minor was taken
into custody under a | ||||||||||||||||||||||||
20 | warrant, may be kept or detained in an authorized
detention | ||||||||||||||||||||||||
21 | facility. A minor under 13 years of age shall not be admitted, | ||||||||||||||||||||||||
22 | kept, or detained in a detention facility unless a local youth | ||||||||||||||||||||||||
23 | service provider, including a provider through the |
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1 | Comprehensive Community Based Youth Services network, has been | ||||||
2 | contacted and has not been able to accept the minor. No minor | ||||||
3 | under 12 years of age shall be detained in a
county jail or a | ||||||
4 | municipal lockup for more than 6 hours.
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5 | (a-5) For a minor arrested or taken into custody for | ||||||
6 | vehicular hijacking or aggravated vehicular hijacking, a | ||||||
7 | previous finding of delinquency for vehicular hijacking or | ||||||
8 | aggravated vehicular hijacking shall be given greater weight in | ||||||
9 | determining whether secured custody of a minor is a matter of | ||||||
10 | immediate and urgent necessity for the protection of the minor | ||||||
11 | or of the person or property of another. | ||||||
12 | (b) The written authorization of the probation officer or | ||||||
13 | detention officer
(or other public officer designated by the | ||||||
14 | court in a county having
3,000,000 or more inhabitants) | ||||||
15 | constitutes authority for the superintendent of
any juvenile | ||||||
16 | detention home to detain and keep a minor for up to 40 hours,
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17 | excluding Saturdays, Sundays , and court-designated holidays. | ||||||
18 | These
records shall be available to the same persons and | ||||||
19 | pursuant to the same
conditions as are law enforcement records | ||||||
20 | as provided in Section 5-905.
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21 | (b-4) The consultation required by paragraph subsection | ||||||
22 | (b-5) shall not be applicable
if the probation officer or | ||||||
23 | detention officer (or other public officer
designated
by the | ||||||
24 | court in a
county having 3,000,000 or more inhabitants) | ||||||
25 | utilizes a scorable detention
screening instrument, which has | ||||||
26 | been developed with input by the State's
Attorney, to
determine |
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1 | whether a minor should be detained, however, paragraph | ||||||
2 | subsection (b-5) shall
still be applicable where no such | ||||||
3 | screening instrument is used or where the
probation officer, | ||||||
4 | detention officer (or other public officer designated by the
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5 | court in a county
having 3,000,000 or more inhabitants) | ||||||
6 | deviates from the screening instrument.
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7 | (b-5) Subject to the provisions of paragraph subsection | ||||||
8 | (b-4), if a probation officer
or detention officer
(or other | ||||||
9 | public officer designated by
the court in a county having | ||||||
10 | 3,000,000 or more inhabitants) does not intend to
detain a | ||||||
11 | minor for an offense which constitutes one of the following | ||||||
12 | offenses
he or she shall consult with the State's Attorney's | ||||||
13 | Office prior to the release
of the minor: first degree murder, | ||||||
14 | second degree murder, involuntary
manslaughter, criminal | ||||||
15 | sexual assault, aggravated criminal sexual assault,
aggravated | ||||||
16 | battery with a firearm as described in Section 12-4.2 or | ||||||
17 | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section | ||||||
18 | 12-3.05, aggravated or heinous battery involving
permanent | ||||||
19 | disability or disfigurement or great bodily harm, robbery, | ||||||
20 | aggravated
robbery, armed robbery, vehicular hijacking, | ||||||
21 | aggravated vehicular hijacking,
vehicular invasion, arson, | ||||||
22 | aggravated arson, kidnapping, aggravated kidnapping,
home | ||||||
23 | invasion, burglary, or residential burglary. Any minor 10 years | ||||||
24 | of age or older arrested or taken into custody under this Act | ||||||
25 | for vehicular hijacking or aggravated vehicular hijacking | ||||||
26 | shall be detained in an authorized detention facility until a |
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1 | detention or shelter care hearing is held to determine if there | ||||||
2 | is probable cause to believe that the minor
is a delinquent | ||||||
3 | minor and that:
(1) secure custody is a matter of immediate and | ||||||
4 | urgent necessity for the
protection of the minor or of the | ||||||
5 | person or property of another; (2) the minor
is likely to flee | ||||||
6 | the jurisdiction of the court; or (3) the minor was taken
into | ||||||
7 | custody under a warrant. If the court makes that determination, | ||||||
8 | the minor shall continue to be held until the disposition of an | ||||||
9 | adjudicatory hearing under this Article.
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10 | (c) Except as otherwise provided in paragraph (a), (d), or | ||||||
11 | (e), no minor
shall
be detained in a county jail or municipal | ||||||
12 | lockup for more than 12 hours, unless
the offense is a crime of | ||||||
13 | violence in which case the minor may be detained up
to 24 | ||||||
14 | hours. For the purpose of this paragraph, "crime of violence" | ||||||
15 | has the
meaning
ascribed to it in Section 1-10 of the | ||||||
16 | Alcoholism and Other Drug Abuse and
Dependency Act.
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17 | (i) The
period of detention is deemed to have begun | ||||||
18 | once the minor has been placed in a
locked room or cell or | ||||||
19 | handcuffed to a stationary object in a building housing
a | ||||||
20 | county jail or municipal lockup. Time spent transporting a | ||||||
21 | minor is not
considered to be time in detention or secure | ||||||
22 | custody.
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23 | (ii) Any minor so
confined shall be under periodic | ||||||
24 | supervision and shall not be permitted to come
into or | ||||||
25 | remain in contact with adults in custody in the building.
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26 | (iii) Upon
placement in secure custody in a jail or |
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1 | lockup, the
minor shall be informed of the purpose of the | ||||||
2 | detention, the time it is
expected to last and the fact | ||||||
3 | that it cannot exceed the time specified under
this Act.
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4 | (iv) A log shall
be kept which shows the offense which | ||||||
5 | is the basis for the detention, the
reasons and | ||||||
6 | circumstances for the decision to detain , and the length of | ||||||
7 | time the
minor was in detention.
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8 | (v) Violation of the time limit on detention
in a | ||||||
9 | county jail or municipal lockup shall not, in and of | ||||||
10 | itself, render
inadmissible evidence obtained as a result | ||||||
11 | of the violation of this
time limit. Minors under 18 years | ||||||
12 | of age shall be kept separate from confined
adults and may | ||||||
13 | not at any time be kept in the same cell, room , or yard | ||||||
14 | with
adults confined pursuant to criminal law. Persons 18 | ||||||
15 | years of age and older
who have a petition of delinquency | ||||||
16 | filed against them may be
confined in an
adult detention | ||||||
17 | facility.
In making a determination whether to confine a | ||||||
18 | person 18 years of age or
older
who has a petition of | ||||||
19 | delinquency filed against the person, these factors,
among | ||||||
20 | other matters, shall be considered:
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21 | (A) the The age of the person;
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22 | (B) any Any previous delinquent or criminal | ||||||
23 | history of the person;
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24 | (C) any Any previous abuse or neglect history of | ||||||
25 | the person; and
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26 | (D) any Any mental health or educational history of |
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1 | the person, or both.
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2 | (d) (i) If a minor 12 years of age or older is confined in a | ||||||
3 | county jail
in a
county with a population below 3,000,000 | ||||||
4 | inhabitants, then the minor's
confinement shall be implemented | ||||||
5 | in such a manner that there will be no contact
by sight, sound , | ||||||
6 | or otherwise between the minor and adult prisoners. Minors
12 | ||||||
7 | years of age or older must be kept separate from confined | ||||||
8 | adults and may not
at any time
be kept in the same cell, room, | ||||||
9 | or yard with confined adults. This paragraph
(d)(i) shall only | ||||||
10 | apply to confinement pending an adjudicatory hearing and
shall | ||||||
11 | not exceed 40 hours, excluding Saturdays, Sundays , and | ||||||
12 | court-designated court designated
holidays. To accept or hold | ||||||
13 | minors during this time period, county jails shall
comply with | ||||||
14 | all monitoring standards adopted by the Department of
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15 | Corrections and training standards approved by the Illinois Law | ||||||
16 | Enforcement
Training Standards Board.
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17 | (ii) To accept or hold minors, 12 years of age or older, | ||||||
18 | after the time
period
prescribed in paragraph (d)(i) of this | ||||||
19 | subsection (2) of this Section but not
exceeding 7 days | ||||||
20 | including Saturdays, Sundays , and holidays pending an
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21 | adjudicatory hearing, county jails shall comply with all | ||||||
22 | temporary detention
standards adopted by the Department of | ||||||
23 | Corrections and training standards
approved by the Illinois Law | ||||||
24 | Enforcement Training Standards Board.
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25 | (iii) To accept or hold minors 12 years of age or older, | ||||||
26 | after the time
period prescribed in paragraphs (d)(i) and |
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1 | (d)(ii) of this subsection (2) of
this
Section, county jails | ||||||
2 | shall comply with all county juvenile detention standards | ||||||
3 | adopted by the Department of Juvenile Justice.
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4 | (e) When a minor who is at least 15 years of age is | ||||||
5 | prosecuted under the
criminal laws of this State,
the court may | ||||||
6 | enter an order directing that the juvenile be confined
in the | ||||||
7 | county jail. However, any juvenile confined in the county jail | ||||||
8 | under
this provision shall be separated from adults who are | ||||||
9 | confined in the county
jail in such a manner that there will be | ||||||
10 | no contact by sight, sound or
otherwise between the juvenile | ||||||
11 | and adult prisoners.
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12 | (f) For purposes of appearing in a physical lineup, the | ||||||
13 | minor may be taken
to a county jail or municipal lockup under | ||||||
14 | the direct and constant supervision
of a juvenile police | ||||||
15 | officer. During such time as is necessary to conduct a
lineup, | ||||||
16 | and while supervised by a juvenile police officer, the sight | ||||||
17 | and sound
separation provisions shall not apply.
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18 | (g) For purposes of processing a minor, the minor may be | ||||||
19 | taken to a county jail County
Jail or municipal lockup under | ||||||
20 | the direct and constant supervision of a law
enforcement | ||||||
21 | officer or correctional officer. During such time as is | ||||||
22 | necessary
to process the minor, and while supervised by a law | ||||||
23 | enforcement officer or
correctional officer, the sight and | ||||||
24 | sound separation provisions shall not
apply.
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25 | (3) If the probation officer or State's Attorney (or such | ||||||
26 | other public
officer designated by the court in a county having |
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1 | 3,000,000 or more
inhabitants) determines that the minor may be | ||||||
2 | a delinquent minor as described
in subsection (3) of Section | ||||||
3 | 5-105, and should be retained in custody but does
not require
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4 | physical restriction, the minor may be placed in non-secure | ||||||
5 | custody for up to
40 hours pending a detention hearing.
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6 | (4) Any minor taken into temporary custody, not requiring | ||||||
7 | secure
detention, may, however, be detained in the home of his | ||||||
8 | or her parent or
guardian subject to such conditions as the | ||||||
9 | court may impose.
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10 | (5) The changes made to this Section by Public Act 98-61 | ||||||
11 | apply to a minor who has been arrested or taken into custody on | ||||||
12 | or after January 1, 2014 (the effective date of Public Act | ||||||
13 | 98-61). | ||||||
14 | (Source: P.A. 99-254, eff. 1-1-16; 100-745, eff. 8-10-18; | ||||||
15 | revised 10-3-18.)
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