SB2370 EngrossedLRB102 14304 KMF 19656 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. Findings.
5    The General Assembly finds that an adequate continuum of
6care is necessary to better address the needs of juveniles
7within the court system.
8    The General Assembly finds that the unique partnership of
9State and local services is needed to provide the right
10placements, and the right services for justice-involved
11juveniles.
12    The General Assembly finds that providing juveniles that
13are wards of the State and in the care or recently in the care
14of the Department of Children and Family Services, should be
15receiving a continuum of care and services, even when the
16juvenile unfortunately becomes involved with the juvenile
17justice system.
18    Therefore, the General Assembly recommends that juveniles
19that are wards of the State and in the care or recently in the
20care of the Department of Children and Family Services shall
21not have their services interrupted or be left unnecessarily
22in juvenile detention centers.
 
23    Section 10. The Juvenile Court Act of 1987 is amended by

 

 

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1changing Section 5-501 as follows:
 
2    (705 ILCS 405/5-501)
3    Sec. 5-501. Detention or shelter care hearing. At the
4appearance of the minor before the court at the detention or
5shelter care hearing, the court shall receive all relevant
6information and evidence, including affidavits concerning the
7allegations made in the petition. Evidence used by the court
8in its findings or stated in or offered in connection with this
9Section may be by way of proffer based on reliable information
10offered by the State or minor. All evidence shall be
11admissible if it is relevant and reliable regardless of
12whether it would be admissible under the rules of evidence
13applicable at a trial. No hearing may be held unless the minor
14is represented by counsel and no hearing shall be held until
15the minor has had adequate opportunity to consult with
16counsel.
17    (1) If the court finds that there is not probable cause to
18believe that the minor is a delinquent minor it shall release
19the minor and dismiss the petition.
20    (2) If the court finds that there is probable cause to
21believe that the minor is a delinquent minor, the minor, his or
22her parent, guardian, custodian and other persons able to give
23relevant testimony may be examined before the court. The court
24may also consider any evidence by way of proffer based upon
25reliable information offered by the State or the minor. All

 

 

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1evidence, including affidavits, shall be admissible if it is
2relevant and reliable regardless of whether it would be
3admissible under the rules of evidence applicable at trial.
4After such evidence is presented, the court may enter an order
5that the minor shall be released upon the request of a parent,
6guardian or legal custodian if the parent, guardian or
7custodian appears to take custody.
8    If the court finds that it is a matter of immediate and
9urgent necessity for the protection of the minor or of the
10person or property of another that the minor be detained or
11placed in a shelter care facility or that he or she is likely
12to flee the jurisdiction of the court, the court may prescribe
13detention or shelter care and order that the minor be kept in a
14suitable place designated by the court or in a shelter care
15facility designated by the Department of Children and Family
16Services or a licensed child welfare agency; otherwise it
17shall release the minor from custody. If the court prescribes
18shelter care, then in placing the minor, the Department or
19other agency shall, to the extent compatible with the court's
20order, comply with Section 7 of the Children and Family
21Services Act. In making the determination of the existence of
22immediate and urgent necessity, the court shall consider among
23other matters: (a) the nature and seriousness of the alleged
24offense; (b) the minor's record of delinquency offenses,
25including whether the minor has delinquency cases pending; (c)
26the minor's record of willful failure to appear following the

 

 

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1issuance of a summons or warrant; (d) the availability of
2non-custodial alternatives, including the presence of a
3parent, guardian or other responsible relative able and
4willing to provide supervision and care for the minor and to
5assure his or her compliance with a summons. If the minor is
6ordered placed in a shelter care facility of a licensed child
7welfare agency, the court shall, upon request of the agency,
8appoint the appropriate agency executive temporary custodian
9of the minor and the court may enter such other orders related
10to the temporary custody of the minor as it deems fit and
11proper.
12    If the Court prescribes detention, and the minor is a ward
13of the Department of Children and Family Services, a hearing
14shall be held every 14 days to determine that there is urgent
15and immediate necessity to detain the minor for the protection
16of person or property of another. If urgent and immediate
17necessity is not found on the basis of the protection of the
18community, the minor shall be released to the custody of the
19Department of Children and Family Services. If the Court
20prescribes detention based on the minor being likely to flee
21the jurisdiction, and the minor is a ward of the Department of
22Children and Family Services, a hearing shall be held every 7
23days for status on the location of shelter care placement by
24the Department of Children and Family Services. Detention
25shall not be used as a shelter care placement for minors in the
26custody or guardianship of the Department of Children and

 

 

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1Family Services.
2    The order together with the court's findings of fact in
3support of the order shall be entered of record in the court.
4    Once the court finds that it is a matter of immediate and
5urgent necessity for the protection of the minor that the
6minor be placed in a shelter care facility, the minor shall not
7be returned to the parent, custodian or guardian until the
8court finds that the placement is no longer necessary for the
9protection of the minor.
10    (3) Only when there is reasonable cause to believe that
11the minor taken into custody is a delinquent minor may the
12minor be kept or detained in a facility authorized for
13juvenile detention. This Section shall in no way be construed
14to limit subsection (4).
15    (4) Minors 12 years of age or older must be kept separate
16from confined adults and may not at any time be kept in the
17same cell, room or yard with confined adults. This paragraph
18(4):
19        (a) shall only apply to confinement pending an
20    adjudicatory hearing and shall not exceed 40 hours,
21    excluding Saturdays, Sundays, and court designated
22    holidays. To accept or hold minors during this time
23    period, county jails shall comply with all monitoring
24    standards adopted by the Department of Corrections and
25    training standards approved by the Illinois Law
26    Enforcement Training Standards Board.

 

 

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1        (b) To accept or hold minors, 12 years of age or older,
2    after the time period prescribed in clause (a) of
3    subsection (4) of this Section but not exceeding 7 days
4    including Saturdays, Sundays, and holidays, pending an
5    adjudicatory hearing, county jails shall comply with all
6    temporary detention standards adopted by the Department of
7    Corrections and training standards approved by the
8    Illinois Law Enforcement Training Standards Board.
9        (c) To accept or hold minors 12 years of age or older,
10    after the time period prescribed in clause (a) and (b), of
11    this subsection county jails shall comply with all county
12    juvenile detention standards adopted by the Department of
13    Juvenile Justice.
14    (5) If the minor is not brought before a judicial officer
15within the time period as specified in Section 5-415 the minor
16must immediately be released from custody.
17    (6) If neither the parent, guardian or legal custodian
18appears within 24 hours to take custody of a minor released
19from detention or shelter care, then the clerk of the court
20shall set the matter for rehearing not later than 7 days after
21the original order and shall issue a summons directed to the
22parent, guardian or legal custodian to appear. At the same
23time the probation department shall prepare a report on the
24minor. If a parent, guardian or legal custodian does not
25appear at such rehearing, the judge may enter an order
26prescribing that the minor be kept in a suitable place

 

 

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1designated by the Department of Human Services or a licensed
2child welfare agency. The time during which a minor is in
3custody after being released upon the request of a parent,
4guardian or legal custodian shall be considered as time spent
5in detention for purposes of scheduling the trial.
6    (7) Any party, including the State, the temporary
7custodian, an agency providing services to the minor or family
8under a service plan pursuant to Section 8.2 of the Abused and
9Neglected Child Reporting Act, foster parent, or any of their
10representatives, may file a motion to modify or vacate a
11temporary custody order or vacate a detention or shelter care
12order on any of the following grounds:
13        (a) It is no longer a matter of immediate and urgent
14    necessity that the minor remain in detention or shelter
15    care; or
16        (b) There is a material change in the circumstances of
17    the natural family from which the minor was removed; or
18        (c) A person, including a parent, relative or legal
19    guardian, is capable of assuming temporary custody of the
20    minor; or
21        (d) Services provided by the Department of Children
22    and Family Services or a child welfare agency or other
23    service provider have been successful in eliminating the
24    need for temporary custody.
25    The clerk shall set the matter for hearing not later than
2614 days after such motion is filed. In the event that the court

 

 

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1modifies or vacates a temporary order but does not vacate its
2finding of probable cause, the court may order that
3appropriate services be continued or initiated in behalf of
4the minor and his or her family.
5    (8) Whenever a petition has been filed under Section 5-520
6the court can, at any time prior to trial or sentencing, order
7that the minor be placed in detention or a shelter care
8facility after the court conducts a hearing and finds that the
9conduct and behavior of the minor may endanger the health,
10person, welfare, or property of himself or others or that the
11circumstances of his or her home environment may endanger his
12or her health, person, welfare or property.
13(Source: P.A. 98-685, eff. 1-1-15.)