093_HB0524

 
                                     LRB093 04720 RLC 04776 b

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Juvenile Court Act of 1987 is amended  by
 5    changing 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
 9    this  Act who requires care away from his or her home but who
10    does  not  require  physical  restriction  shall   be   given
11    temporary  care  in  a  foster  family  home or other shelter
12    facility designated by the court.
13        (2) (a)  Any minor 10 years  of  age  or  older  arrested
14    pursuant to this Act where there is probable cause to believe
15    that  the  minor  is  a delinquent minor and that (i) secured
16    custody is a matter of immediate and urgent necessity for the
17    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.   No  minor under 12 years of age shall be detained
22    in a county jail or a municipal lockup for more than 6 hours.
23        (b)  The written authorization of the  probation  officer
24    or  detention  officer (or other public officer designated by
25    the court in a county having 3,000,000 or  more  inhabitants)
26    constitutes  authority for the superintendent of any juvenile
27    detention home to detain and keep a minor for up to 40 hours,
28    excluding Saturdays, Sundays and  court-designated  holidays.
29    These  records  shall  be  available  to the same persons and
30    pursuant to  the  same  conditions  as  are  law  enforcement
31    records as provided in Section 5-905.
 
                            -2-      LRB093 04720 RLC 04776 b
 1        (b-4)  The  consultation  required  by  subsection  (b-5)
 2    shall not be applicable if the probation officer or detention
 3    officer (or other public officer designated by the court in a
 4    county  having  3,000,000  or  more  inhabitants)  utilizes a
 5    scorable  detention  screening  instrument,  which  has  been
 6    developed with input by the State's  Attorney,  to  determine
 7    whether a minor should be detained, however, subsection (b-5)
 8    shall  still be applicable where no such screening instrument
 9    is used or where the probation officer, detention officer (or
10    other public officer designated by  the  court  in  a  county
11    having  3,000,000  or  more  inhabitants)  deviates  from the
12    screening instrument.
13        (b-5)  Subject to the provisions of subsection (b-4),  if
14    a  probation  officer  or  detention officer (or other public
15    officer designated by the court in a county having  3,000,000
16    or more inhabitants) does not intend to detain a minor for an
17    offense which constitutes one of the following offenses he or
18    she shall consult with the State's Attorney's Office prior to
19    the release of the minor:  first degree murder, second degree
20    murder,  involuntary  manslaughter,  criminal sexual assault,
21    aggravated criminal sexual assault, aggravated battery with a
22    firearm, aggravated or heinous  battery  involving  permanent
23    disability  or  disfigurement  or great bodily harm, robbery,
24    aggravated  robbery,  armed  robbery,  vehicular   hijacking,
25    aggravated  vehicular  hijacking,  vehicular invasion, arson,
26    aggravated arson,  kidnapping,  aggravated  kidnapping,  home
27    invasion, burglary, or residential burglary.
28        (c)  Except  as otherwise provided in paragraph (a), (d),
29    or (e), no minor shall  be  detained  in  a  county  jail  or
30    municipal  lockup  for more than 12 hours, unless the offense
31    is a crime of  violence  in  which  case  the  minor  may  be
32    detained  up  to 24 hours. For the purpose of this paragraph,
33    "crime of violence" has the meaning ascribed to it in Section
34    1-10 of the Alcoholism and Other Drug  Abuse  and  Dependency
 
                            -3-      LRB093 04720 RLC 04776 b
 1    Act.
 2        (i)  The period of detention is deemed to have begun once
 3    the  minor  has  been  placed  in  a  locked  room or cell or
 4    handcuffed to a stationary object in  a  building  housing  a
 5    county  jail  or municipal lockup.  Time spent transporting a
 6    minor is not considered to be time  in  detention  or  secure
 7    custody.
 8        (ii)  Any  minor  so  confined  shall  be  under periodic
 9    supervision and shall not be permitted to come into or remain
10    in contact with adults in custody in the building.
11        (iii)  Upon placement in secure  custody  in  a  jail  or
12    lockup,  the  minor  shall  be informed of the purpose of the
13    detention, the time it is expected to last and the fact  that
14    it cannot exceed the time specified under this Act.
15        (iv)  A  log  shall be kept which shows the offense which
16    is the basis for the detention, the reasons and circumstances
17    for the decision to detain and the length of time  the  minor
18    was in detention.
19        (v)  Violation of the time limit on detention in a county
20    jail  or municipal lockup shall not, in and of itself, render
21    inadmissible evidence obtained as a result of  the  violation
22    of  this  time  limit.  Minors under 17 years of age shall be
23    kept separate from confined adults and may not at any time be
24    kept in the same cell, room  or  yard  with  adults  confined
25    pursuant  to criminal law.  Persons 17 years of age and older
26    who have a petition of delinquency  filed  against  them  may
27    shall be confined in an adult detention facility.
28        (d) (i)  If  a minor 12 years of age or older is confined
29    in a  county  jail  in  a  county  with  a  population  below
30    3,000,000  inhabitants, then the minor's confinement shall be
31    implemented in such a manner that there will be no contact by
32    sight,  sound  or  otherwise  between  the  minor  and  adult
33    prisoners.  Minors 12 years of age  or  older  must  be  kept
34    separate from confined adults and may not at any time be kept
 
                            -4-      LRB093 04720 RLC 04776 b
 1    in  the  same cell, room, or yard with confined adults.  This
 2    paragraph (d)(i) shall only apply to confinement  pending  an
 3    adjudicatory hearing and shall not exceed 40 hours, excluding
 4    Saturdays,  Sundays and court designated holidays.  To accept
 5    or hold minors during this time period,  county  jails  shall
 6    comply  with  all  monitoring  standards  promulgated  by the
 7    Department of Corrections and training standards approved  by
 8    the Illinois Law Enforcement Training Standards Board.
 9        (ii)  To accept or hold minors, 12 years of age or older,
10    after  the time period prescribed in paragraph (d)(i) of this
11    subsection (2) of this  Section  but  not  exceeding  7  days
12    including   Saturdays,   Sundays   and  holidays  pending  an
13    adjudicatory hearing, county  jails  shall  comply  with  all
14    temporary  detention  standards promulgated by the Department
15    of  Corrections  and  training  standards  approved  by   the
16    Illinois Law Enforcement Training Standards Board.
17        (iii)  To accept or hold minors 12 years of age or older,
18    after  the  time  period  prescribed in paragraphs (d)(i) and
19    (d)(ii) of this subsection (2) of this Section, county  jails
20    shall comply with all programmatic and training standards for
21    juvenile  detention  homes  promulgated  by the Department of
22    Corrections.
23        (e)  When a minor who is at least  15  years  of  age  is
24    prosecuted  under  the criminal laws of this State, the court
25    may enter an order directing that the juvenile be confined in
26    the county jail.   However,  any  juvenile  confined  in  the
27    county  jail  under  this  provision  shall be separated from
28    adults who are confined in the county jail in such  a  manner
29    that  there  will  be no contact by sight, sound or otherwise
30    between the juvenile and adult prisoners.
31        (f)  For purposes of appearing in a physical lineup,  the
32    minor may be taken to a county jail or municipal lockup under
33    the  direct  and  constant  supervision  of a juvenile police
34    officer.  During such time  as  is  necessary  to  conduct  a
 
                            -5-      LRB093 04720 RLC 04776 b
 1    lineup,  and  while  supervised by a juvenile police officer,
 2    the sight and sound separation provisions shall not apply.
 3        (g)  For purposes of processing a minor, the minor may be
 4    taken to a County Jail or municipal lockup under  the  direct
 5    and  constant  supervision  of  a  law enforcement officer or
 6    correctional officer.  During such time as  is  necessary  to
 7    process  the minor, and while supervised by a law enforcement
 8    officer  or  correctional  officer,  the  sight   and   sound
 9    separation provisions shall not apply.
10        (3)  If  the  probation  officer  or State's Attorney (or
11    such other public officer designated by the court in a county
12    having 3,000,000 or more  inhabitants)  determines  that  the
13    minor  may  be  a delinquent minor as described in subsection
14    (3) of Section 5-105, and should be retained in  custody  but
15    does  not  require  physical  restriction,  the  minor may be
16    placed in non-secure custody for up to  40  hours  pending  a
17    detention hearing.
18        (4)  Any   minor   taken   into  temporary  custody,  not
19    requiring secure detention, may, however, be detained in  the
20    home  of  his  or  her  parent  or  guardian  subject to such
21    conditions as the court may impose.
22    (Source: P.A. 90-590, eff. 1-1-99.)