Rep. Robyn Gabel

Filed: 4/15/2021

 

 


 

 


 
10200HB3767ham001LRB102 15041 KMF 25184 a

1
AMENDMENT TO HOUSE BILL 3767

2    AMENDMENT NO. ______. Amend House Bill 3767, on page 4, by
3replacing line 3 through line 20 with the following:
4    "(2)(a) On and after July 1, 2021, except for paragraphs
5(a-1) and (a-2) of this subsection (2), any minor 13 years of
6age or older arrested under this Act where there is probable
7cause to believe that the minor is a delinquent minor and that
8secure custody is a matter of immediate and urgent necessity
9in light of a serious threat to the physical safety of a person
10or persons in the community or to secure the presence of the
11minor at the next hearing, as evidenced by a demonstrable
12record of willful failure to appear at a scheduled court
13hearing within the last 12 months, may be kept or detained in
14an authorized detention facility. Any minor 10 years of age or
15older arrested pursuant to this Act where there is probable
16cause to believe that the minor is a delinquent minor and that
17(i) secure custody is a matter of immediate and urgent
18necessity for the protection of the minor or of the person or

 

 

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1property of another, (ii) the minor is likely to flee the
2jurisdiction of the court, or (iii) the minor was taken into
3custody under a warrant, may be kept or detained in an
4authorized detention facility. A minor under 13 years of age
5shall not be admitted, kept, or detained in a detention
6facility unless a local youth service provider, including a
7provider through the Comprehensive Community Based Youth
8Services network, has been contacted and has not been able to
9accept the minor. No minor under 12 years of age shall be
10detained in a county jail or a municipal lockup for more than 6
11hours.
12    (a-1) Until July 1, 2022, any minor 11 years of age or
13older arrested under this Act where there is probable cause to
14believe that the minor is a delinquent minor and that secure
15custody is a matter of immediate and urgent necessity in light
16of a serious threat to the physical safety of a person or
17persons in the community or to secure the presence of the minor
18at the next hearing, as evidenced by a demonstrable record of
19willful failure to appear at a scheduled court hearing within
20the last 12 months, may be kept or detained in an authorized
21detention facility. Prior to July 1, 2022, a minor aged 11
22years old shall not be detained unless appropriate local
23service providers, such as crisis intervention services
24through Comprehensive Community Based Youth Services Network
25or a local behavioral health service, have been contacted and
26given an opportunity to develop an alternative to detention.

 

 

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1Until July 1, 2022, probation shall document and share on a
2monthly basis with the Illinois Juvenile Justice Commission
3each instance when alternatives to detention fail for a minor
4aged 11, including the basis for detention, the providers that
5were contacted, and the reason alternatives were rejected.
6    (a-2) Until July 1, 2023, any minor 12 years of age or
7older arrested under this Act where there is probable cause to
8believe that the minor is a delinquent minor and that secure
9custody is a matter of immediate and urgent necessity in light
10of a serious threat to the physical safety of a person or
11persons in the community or to secure the presence of the minor
12at the next hearing, as evidenced by a demonstrable record of
13willful failure to appear at a scheduled court hearing within
14the last 12 months, may be kept or detained in an authorized
15detention facility. Prior to July 1, 2023, a minor aged 12
16years old shall not be detained unless appropriate local
17service providers, such as crisis intervention services
18through Comprehensive Community Based Youth Services Network
19or a local behavioral health service, have been contacted and
20given an opportunity to develop an alternative to detention.
21Until July 1, 2023, probation shall document and share on a
22monthly basis with the Illinois Juvenile Justice Commission
23each instance when alternatives to detention fail for a minor
24aged 12, including the basis for detention, the providers that
25were contacted, and the reason alternatives were rejected.".