103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1084

 

Introduced 1/12/2023, by Rep. Mary E. Flowers

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-410
730 ILCS 5/3-15-2  from Ch. 38, par. 1003-15-2

    Amends the Unified Code of Corrections. Provides that a minor placed in a State or county juvenile detention facility may not be placed in isolation for discipline, punishment, retaliation, or any other reason except as a temporary response to a minor's behavior that poses a serious and immediate risk of physical harm to any individual, including the minor. Provides that if a minor placed in a State or county juvenile detention facility poses a serious and immediate risk of physical harm to any individual, including the minor, before a staff member of the facility places the minor in isolation, the staff member shall attempt to use other less restrictive options, unless attempting those options poses a threat to the safety or security of any minor or staff. Limits the amount of time the minor may be placed in isolation. Amends the Juvenile Court Act of 1987 to make conforming changes.


LRB103 05019 RLC 50032 b

 

 

A BILL FOR

 

HB1084LRB103 05019 RLC 50032 b

1    AN ACT concerning minors.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 5-410 as follows:
 
6    (705 ILCS 405/5-410)
7    Sec. 5-410. Non-secure custody or detention.
8    (1) Any minor arrested or taken into custody pursuant to
9this Act who requires care away from his or her home but who
10does not require physical restriction shall be given temporary
11care in a foster family home or other shelter facility
12designated by the court.
13    (2) (a) Any minor 10 years of age or older arrested
14pursuant to this Act where there is probable cause to believe
15that the minor is a delinquent minor and that (i) secure
16custody is a matter of immediate and urgent necessity for the
17protection of the minor or of the person or property of
18another, (ii) the minor is likely to flee the jurisdiction of
19the court, or (iii) the minor was taken into custody under a
20warrant, may be kept or detained in an authorized detention
21facility. A minor under 13 years of age shall not be admitted,
22kept, or detained in a detention facility unless a local youth
23service provider, including a provider through the

 

 

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1Comprehensive Community Based Youth Services network, has been
2contacted and has not been able to accept the minor. No minor
3under 12 years of age shall be detained in a county jail or a
4municipal lockup for more than 6 hours.
5    (a-5) For a minor arrested or taken into custody for
6vehicular hijacking or aggravated vehicular hijacking, a
7previous finding of delinquency for vehicular hijacking or
8aggravated vehicular hijacking shall be given greater weight
9in determining whether secured custody of a minor is a matter
10of immediate and urgent necessity for the protection of the
11minor or of the person or property of another.
12    (b) The written authorization of the probation officer or
13detention officer (or other public officer designated by the
14court in a county having 3,000,000 or more inhabitants)
15constitutes authority for the superintendent of any juvenile
16detention home to detain and keep a minor for up to 40 hours,
17excluding Saturdays, Sundays, and court-designated holidays.
18These records shall be available to the same persons and
19pursuant to the same conditions as are law enforcement records
20as provided in Section 5-905.
21    (b-4) The consultation required by paragraph (b-5) shall
22not be applicable if the probation officer or detention
23officer (or other public officer designated by the court in a
24county having 3,000,000 or more inhabitants) utilizes a
25scorable detention screening instrument, which has been
26developed with input by the State's Attorney, to determine

 

 

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1whether a minor should be detained, however, paragraph (b-5)
2shall still be applicable where no such screening instrument
3is used or where the probation officer, detention officer (or
4other public officer designated by the court in a county
5having 3,000,000 or more inhabitants) deviates from the
6screening instrument.
7    (b-5) Subject to the provisions of paragraph (b-4), if a
8probation officer or detention officer (or other public
9officer designated by the court in a county having 3,000,000
10or more inhabitants) does not intend to detain a minor for an
11offense which constitutes one of the following offenses he or
12she shall consult with the State's Attorney's Office prior to
13the release of the minor: first degree murder, second degree
14murder, involuntary manslaughter, criminal sexual assault,
15aggravated criminal sexual assault, aggravated battery with a
16firearm as described in Section 12-4.2 or subdivision (e)(1),
17(e)(2), (e)(3), or (e)(4) of Section 12-3.05, aggravated or
18heinous battery involving permanent disability or
19disfigurement or great bodily harm, robbery, aggravated
20robbery, armed robbery, vehicular hijacking, aggravated
21vehicular hijacking, vehicular invasion, arson, aggravated
22arson, kidnapping, aggravated kidnapping, home invasion,
23burglary, or residential burglary.
24    (c) Except as otherwise provided in paragraph (a), (d), or
25(e), no minor shall be detained in a county jail or municipal
26lockup for more than 12 hours, unless the offense is a crime of

 

 

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1violence in which case the minor may be detained up to 24
2hours. For the purpose of this paragraph, "crime of violence"
3has the meaning ascribed to it in Section 1-10 of the
4Alcoholism and Other Drug Abuse and Dependency Act.
5        (i) The period of detention is deemed to have begun
6    once the minor has been placed in a locked room or cell or
7    handcuffed to a stationary object in a building housing a
8    county jail or municipal lockup. Time spent transporting a
9    minor is not considered to be time in detention or secure
10    custody.
11        (ii) Any minor so confined shall be under periodic
12    supervision and shall not be permitted to come into or
13    remain in contact with adults in custody in the building.
14        (iii) Upon placement in secure custody in a jail or
15    lockup, the minor shall be informed of the purpose of the
16    detention, the time it is expected to last and the fact
17    that it cannot exceed the time specified under this Act.
18        (iv) A log shall be kept which shows the offense which
19    is the basis for the detention, the reasons and
20    circumstances for the decision to detain, and the length
21    of time the minor was in detention.
22        (v) Violation of the time limit on detention in a
23    county jail or municipal lockup shall not, in and of
24    itself, render inadmissible evidence obtained as a result
25    of the violation of this time limit. Minors under 18 years
26    of age shall be kept separate from confined adults and may

 

 

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1    not at any time be kept in the same cell, room, or yard
2    with adults confined pursuant to criminal law. Persons 18
3    years of age and older who have a petition of delinquency
4    filed against them may be confined in an adult detention
5    facility. In making a determination whether to confine a
6    person 18 years of age or older who has a petition of
7    delinquency filed against the person, these factors, among
8    other matters, shall be considered:
9            (A) the age of the person;
10            (B) any previous delinquent or criminal history of
11        the person;
12            (C) any previous abuse or neglect history of the
13        person; and
14            (D) any mental health or educational history of
15        the person, or both.
16    (d) (i) If a minor 12 years of age or older is confined in
17a county jail in a county with a population below 3,000,000
18inhabitants, then the minor's confinement shall be implemented
19in such a manner that there will be no contact by sight, sound,
20or otherwise between the minor and adult prisoners. Minors 12
21years of age or older must be kept separate from confined
22adults and may not at any time be kept in the same cell, room,
23or yard with confined adults. This paragraph (d)(i) shall only
24apply to confinement pending an adjudicatory hearing and shall
25not exceed 40 hours, excluding Saturdays, Sundays, and
26court-designated holidays. To accept or hold minors during

 

 

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1this time period, county jails shall comply with all
2monitoring standards adopted by the Department of Corrections
3and training standards approved by the Illinois Law
4Enforcement Training Standards Board.
5    (ii) To accept or hold minors, 12 years of age or older,
6after the time period prescribed in paragraph (d)(i) of this
7subsection (2) of this Section but not exceeding 7 days
8including Saturdays, Sundays, and holidays pending an
9adjudicatory hearing, county jails shall comply with all
10temporary detention standards adopted by the Department of
11Corrections and training standards approved by the Illinois
12Law Enforcement Training Standards Board.
13    (iii) To accept or hold minors 12 years of age or older,
14after the time period prescribed in paragraphs (d)(i) and
15(d)(ii) of this subsection (2) of this Section, county jails
16shall comply with all county juvenile detention standards,
17including standards on isolation of minors under Section
183-15-2 of the Unified Code of Corrections, adopted by the
19Department of Juvenile Justice.
20    (e) When a minor who is at least 15 years of age is
21prosecuted under the criminal laws of this State, the court
22may enter an order directing that the juvenile be confined in
23the county jail. However, any juvenile confined in the county
24jail under this provision shall be separated from adults who
25are confined in the county jail in such a manner that there
26will be no contact by sight, sound or otherwise between the

 

 

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1juvenile and adult prisoners.
2    (f) For purposes of appearing in a physical lineup, the
3minor may be taken to a county jail or municipal lockup under
4the direct and constant supervision of a juvenile police
5officer. During such time as is necessary to conduct a lineup,
6and while supervised by a juvenile police officer, the sight
7and sound separation provisions shall not apply.
8    (g) For purposes of processing a minor, the minor may be
9taken to a county jail or municipal lockup under the direct and
10constant supervision of a law enforcement officer or
11correctional officer. During such time as is necessary to
12process the minor, and while supervised by a law enforcement
13officer or correctional officer, the sight and sound
14separation provisions shall not apply.
15    (3) If the probation officer or State's Attorney (or such
16other public officer designated by the court in a county
17having 3,000,000 or more inhabitants) determines that the
18minor may be a delinquent minor as described in subsection (3)
19of Section 5-105, and should be retained in custody but does
20not require physical restriction, the minor may be placed in
21non-secure custody for up to 40 hours pending a detention
22hearing.
23    (4) Any minor taken into temporary custody, not requiring
24secure detention, may, however, be detained in the home of his
25or her parent or guardian subject to such conditions as the
26court may impose.

 

 

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1    (5) The changes made to this Section by Public Act 98-61
2apply to a minor who has been arrested or taken into custody on
3or after January 1, 2014 (the effective date of Public Act
498-61).
5(Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)
 
6    Section 10. The Unified Code of Corrections is amended by
7changing Section 3-15-2 as follows:
 
8    (730 ILCS 5/3-15-2)  (from Ch. 38, par. 1003-15-2)
9    Sec. 3-15-2. Standards and Assistance to Local Jails and
10Detention and Shelter Care Facilities.
11    (a) The Department of Corrections shall establish for the
12operation of county and municipal jails and houses of
13correction, minimum standards for the physical condition of
14such institutions and for the treatment of inmates with
15respect to their health and safety and the security of the
16community.
17        (1) The Department of Juvenile Justice shall establish
18    for the operation of county juvenile detention and shelter
19    care facilities established pursuant to the County Shelter
20    Care and Detention Home Act, minimum standards for the
21    physical condition of such institutions and for the
22    treatment of juveniles with respect to their health and
23    safety and the security of the community.
24        (2) Such standards shall not apply to county shelter

 

 

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1    care facilities which were in operation prior to January
2    1, 1980; except that standards on isolation of minors
3    placed in those county shelter care facilities under
4    paragraph (3) apply.
5        (3) A minor placed in a State or county juvenile
6    detention facility may not be placed in isolation for
7    discipline, punishment, retaliation, or any other reason
8    except as as a temporary response to a minor's behavior
9    that poses a serious and immediate risk of physical harm
10    to any individual, including the minor. If a minor placed
11    in a State or county juvenile detention facility poses a
12    serious and immediate risk of physical harm to any
13    individual, including the minor, before a staff member of
14    the facility places the minor in isolation, the staff
15    member shall attempt to use other less restrictive
16    options, unless attempting those options poses a threat to
17    the safety or security of any minor or staff. If the minor
18    is placed in isolation because the minor poses a serious
19    and immediate risk of physical harm to himself or herself,
20    or to others, the minor shall be released from isolation
21    immediately upon the minor sufficiently gaining control so
22    as to no longer engage in behavior that threatens a
23    serious and immediate risk of physical harm to himself or
24    herself, or to others, but in no event later than:
25            (A) 3 hours after being placed in isolation, in
26        the case of a minor who poses a serious and immediate

 

 

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1        risk of physical harm to others; or
2            (B) 30 minutes after being placed in isolation, in
3        the case of a minor who poses a serious and immediate
4        risk of physical harm only to himself or herself.
5        As used in this paragraph (3):
6            "Isolation" means a state of isolation in which a
7        minor is unable to engage in social interactions and
8        religious and recreational activities with other
9        minors placed in the facility or with parents,
10        guardians, other family members, friends, loved ones,
11        caregivers, and external support systems.
12            "Religious and recreational activities" includes
13        any religious, social, or recreational activity that
14        is consistent with a minor's preferences and choosing,
15        regardless of whether the activity is coordinated,
16        offered, provided, or sponsored by facility staff or
17        by an outside activities provider.
18        (4) Such standards shall not seek to mandate minimum
19    floor space requirements for each inmate housed in cells
20    and detention rooms in county and municipal jails and
21    houses of correction. However, no more than two inmates
22    may be housed in a single cell or detention room.
23        (5) When an inmate is tested for an airborne
24    communicable disease, as determined by the Illinois
25    Department of Public Health including but not limited to
26    tuberculosis, the results of the test shall be personally

 

 

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1    delivered by the warden or his or her designee in a sealed
2    envelope to the judge of the court in which the inmate must
3    appear for the judge's inspection in camera if requested
4    by the judge. Acting in accordance with the best interests
5    of those in the courtroom, the judge shall have the
6    discretion to determine what if any precautions need to be
7    taken to prevent transmission of the disease in the
8    courtroom.
9    (b) At least once each year, the Department of Corrections
10may inspect each adult facility for compliance with the
11standards established and the results of such inspection shall
12be made available by the Department for public inspection. At
13least once each year, the Department of Juvenile Justice shall
14inspect each county juvenile detention and shelter care
15facility for compliance with the standards established, and
16the Department of Juvenile Justice shall make the results of
17such inspections available for public inspection. If any
18detention, shelter care or correctional facility does not
19comply with the standards established, the Director of
20Corrections or the Director of Juvenile Justice, as the case
21may be, shall give notice to the county board and the sheriff
22or the corporate authorities of the municipality, as the case
23may be, of such noncompliance, specifying the particular
24standards that have not been met by such facility. If the
25facility is not in compliance with such standards when six
26months have elapsed from the giving of such notice, the

 

 

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1Director of Corrections or the Director of Juvenile Justice,
2as the case may be, may petition the appropriate court for an
3order requiring such facility to comply with the standards
4established by the Department or for other appropriate relief.
5    (c) The Department of Corrections may provide consultation
6services for the design, construction, programs and
7administration of correctional facilities and services for
8adults operated by counties and municipalities and may make
9studies and surveys of the programs and the administration of
10such facilities. Personnel of the Department shall be admitted
11to these facilities as required for such purposes. The
12Department may develop and administer programs of
13grants-in-aid for correctional services in cooperation with
14local agencies. The Department may provide courses of training
15for the personnel of such institutions and conduct pilot
16projects in the institutions.
17    (c-5) The Department of Juvenile Justice may provide
18consultation services for the design, construction, programs,
19and administration of detention and shelter care services for
20children operated by counties and municipalities and may make
21studies and surveys of the programs and the administration of
22such facilities. Personnel of the Department of Juvenile
23Justice shall be admitted to these facilities as required for
24such purposes. The Department of Juvenile Justice may develop
25and administer programs of grants-in-aid for juvenile
26correctional services in cooperation with local agencies. The

 

 

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1Department of Juvenile Justice may provide courses of training
2for the personnel of such institutions and conduct pilot
3projects in the institutions.
4    (d) The Department is authorized to issue reimbursement
5grants for counties, municipalities or public building
6commissions for the purpose of meeting minimum correctional
7facilities standards set by the Department under this Section.
8Grants may be issued only for projects that were completed
9after July 1, 1980 and initiated prior to January 1, 1987.
10        (1) Grants for regional correctional facilities shall
11    not exceed 90% of the project costs or $7,000,000,
12    whichever is less.
13        (2) Grants for correctional facilities by a single
14    county, municipality or public building commission shall
15    not exceed 75% of the proposed project costs or
16    $4,000,000, whichever is less.
17        (3) As used in this subsection (d), "project" means
18    only that part of a facility that is constructed for jail,
19    correctional or detention purposes and does not include
20    other areas of multi-purpose buildings.
21    Construction or renovation grants are authorized to be
22issued by the Capital Development Board from capital
23development bond funds after application by a county or
24counties, municipality or municipalities or public building
25commission or commissions and approval of a construction or
26renovation grant by the Department for projects initiated

 

 

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1after January 1, 1987.
2    (e) The Department of Corrections shall adopt standards
3for county jails to hold juveniles on a temporary basis, as
4provided in Section 5-410 of the Juvenile Court Act of 1987.
5These standards shall include monitoring, educational,
6recreational, and disciplinary standards as well as access to
7medical services, crisis intervention, mental health services,
8suicide prevention, health care, nutritional needs, and
9visitation rights. The Department of Corrections shall also
10notify any county applying to hold juveniles in a county jail
11of the standards for juvenile detention under Section 5-410 of
12the Juvenile Court Act of 1987.
13(Source: P.A. 98-685, eff. 1-1-15.)