Illinois General Assembly - Full Text of SB4157
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Full Text of SB4157  102nd General Assembly

SB4157 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB4157

 

Introduced 2/9/2022, by Sen. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-130
705 ILCS 405/5-410

    Amends the Juvenile Court Act of 1987. Provides that any minor 10 years of age or older arrested or taken into custody under the Act for vehicular hijacking or aggravated vehicular hijacking shall be detained in an authorized detention facility until a detention or shelter care hearing is held to determine if there is probable cause to believe that the minor is a delinquent minor and that: (1) secure custody is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another; (2) the minor is likely to flee the jurisdiction of the court; or (3) the minor was taken into custody under a warrant. Provides that, if the court makes that determination, the minor shall continue to be held until the disposition of an adjudicatory hearing under the Delinquent Minors Article of the Act. Provides that a minor who at the time of the offense was at least 16 years of age and who is charged with certain aggravated vehicular hijacking violations or certain armed robbery violations is not subject to the Act and shall be prosecuted under the criminal laws of the State.


LRB102 26223 RLC 36046 b

 

 

A BILL FOR

 

SB4157LRB102 26223 RLC 36046 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. The Juvenile Court Act of 1987 is amended by
5changing Sections 5-130 and 5-410 as follows:
 
6    (705 ILCS 405/5-130)
7    Sec. 5-130. Excluded jurisdiction.
8    (1)(a) The definition of delinquent minor under Section
95-120 of this Article shall not apply to any minor who at the
10time of an offense was at least 16 years of age and who is
11charged with: (i) first degree murder, (ii) aggravated
12criminal sexual assault, or (iii) aggravated battery with a
13firearm as described in Section 12-4.2 or subdivision (e)(1),
14(e)(2), (e)(3), or (e)(4) of Section 12-3.05 where the minor
15personally discharged a firearm as defined in Section 2-15.5
16of the Criminal Code of 1961 or the Criminal Code of 2012, (iv)
17aggravated vehicular hijacking under paragraph (4), (5), or
18(6) of subsection (a) of Section 18-4 of the Criminal Code of
192012, or (v) armed robbery under paragraph (2), (3), or (4) of
20subsection (a) of Section 18-2 of the Criminal Code of 2012.
21    These charges and all other charges arising out of the
22same incident shall be prosecuted under the criminal laws of
23this State.

 

 

SB4157- 2 -LRB102 26223 RLC 36046 b

1    (b)(i) If before trial or plea an information or
2indictment is filed that does not charge an offense specified
3in paragraph (a) of this subsection (1) the State's Attorney
4may proceed on any lesser charge or charges, but only in
5Juvenile Court under the provisions of this Article. The
6State's Attorney may proceed on a lesser charge if before
7trial the minor defendant knowingly and with advice of counsel
8waives, in writing, his or her right to have the matter proceed
9in Juvenile Court.
10    (ii) If before trial or plea an information or indictment
11is filed that includes one or more charges specified in
12paragraph (a) of this subsection (1) and additional charges
13that are not specified in that paragraph, all of the charges
14arising out of the same incident shall be prosecuted under the
15Criminal Code of 1961 or the Criminal Code of 2012.
16    (c)(i) If after trial or plea the minor is convicted of any
17offense covered by paragraph (a) of this subsection (1), then,
18in sentencing the minor, the court shall sentence the minor
19under Section 5-4.5-105 of the Unified Code of Corrections.
20    (ii) If after trial or plea the court finds that the minor
21committed an offense not covered by paragraph (a) of this
22subsection (1), that finding shall not invalidate the verdict
23or the prosecution of the minor under the criminal laws of the
24State; however, unless the State requests a hearing for the
25purpose of sentencing the minor under Chapter V of the Unified
26Code of Corrections, the Court must proceed under Sections

 

 

SB4157- 3 -LRB102 26223 RLC 36046 b

15-705 and 5-710 of this Article. To request a hearing, the
2State must file a written motion within 10 days following the
3entry of a finding or the return of a verdict. Reasonable
4notice of the motion shall be given to the minor or his or her
5counsel. If the motion is made by the State, the court shall
6conduct a hearing to determine if the minor should be
7sentenced under Chapter V of the Unified Code of Corrections.
8In making its determination, the court shall consider among
9other matters: (a) whether there is evidence that the offense
10was committed in an aggressive and premeditated manner; (b)
11the age of the minor; (c) the previous history of the minor;
12(d) whether there are facilities particularly available to the
13Juvenile Court or the Department of Juvenile Justice for the
14treatment and rehabilitation of the minor; (e) whether the
15security of the public requires sentencing under Chapter V of
16the Unified Code of Corrections; and (f) whether the minor
17possessed a deadly weapon when committing the offense. The
18rules of evidence shall be the same as if at trial. If after
19the hearing the court finds that the minor should be sentenced
20under Chapter V of the Unified Code of Corrections, then the
21court shall sentence the minor under Section 5-4.5-105 of the
22Unified Code of Corrections.
23    (2) (Blank).
24    (3) (Blank).
25    (4) (Blank).
26    (5) (Blank).

 

 

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1    (6) (Blank).
2    (7) The procedures set out in this Article for the
3investigation, arrest and prosecution of juvenile offenders
4shall not apply to minors who are excluded from jurisdiction
5of the Juvenile Court, except that minors under 18 years of age
6shall be kept separate from confined adults.
7    (8) Nothing in this Act prohibits or limits the
8prosecution of any minor for an offense committed on or after
9his or her 18th birthday even though he or she is at the time
10of the offense a ward of the court.
11    (9) If an original petition for adjudication of wardship
12alleges the commission by a minor 13 years of age or over of an
13act that constitutes a crime under the laws of this State, the
14minor, with the consent of his or her counsel, may, at any time
15before commencement of the adjudicatory hearing, file with the
16court a motion that criminal prosecution be ordered and that
17the petition be dismissed insofar as the act or acts involved
18in the criminal proceedings are concerned. If such a motion is
19filed as herein provided, the court shall enter its order
20accordingly.
21    (10) If, prior to August 12, 2005 (the effective date of
22Public Act 94-574), a minor is charged with a violation of
23Section 401 of the Illinois Controlled Substances Act under
24the criminal laws of this State, other than a minor charged
25with a Class X felony violation of the Illinois Controlled
26Substances Act or the Methamphetamine Control and Community

 

 

SB4157- 5 -LRB102 26223 RLC 36046 b

1Protection Act, any party including the minor or the court sua
2sponte may, before trial, move for a hearing for the purpose of
3trying and sentencing the minor as a delinquent minor. To
4request a hearing, the party must file a motion prior to trial.
5Reasonable notice of the motion shall be given to all parties.
6On its own motion or upon the filing of a motion by one of the
7parties including the minor, the court shall conduct a hearing
8to determine whether the minor should be tried and sentenced
9as a delinquent minor under this Article. In making its
10determination, the court shall consider among other matters:
11        (a) The age of the minor;
12        (b) Any previous delinquent or criminal history of the
13    minor;
14        (c) Any previous abuse or neglect history of the
15    minor;
16        (d) Any mental health or educational history of the
17    minor, or both; and
18        (e) Whether there is probable cause to support the
19    charge, whether the minor is charged through
20    accountability, and whether there is evidence the minor
21    possessed a deadly weapon or caused serious bodily harm
22    during the offense.
23    Any material that is relevant and reliable shall be
24admissible at the hearing. In all cases, the judge shall enter
25an order permitting prosecution under the criminal laws of
26Illinois unless the judge makes a finding based on a

 

 

SB4157- 6 -LRB102 26223 RLC 36046 b

1preponderance of the evidence that the minor would be amenable
2to the care, treatment, and training programs available
3through the facilities of the juvenile court based on an
4evaluation of the factors listed in this subsection (10).
5    (11) The changes made to this Section by Public Act 98-61
6apply to a minor who has been arrested or taken into custody on
7or after January 1, 2014 (the effective date of Public Act
898-61).
9(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14;
1099-258, eff. 1-1-16.)
 
11    (705 ILCS 405/5-410)
12    Sec. 5-410. Non-secure custody or detention.
13    (1) Any minor arrested or taken into custody pursuant to
14this Act who requires care away from his or her home but who
15does not require physical restriction shall be given temporary
16care in a foster family home or other shelter facility
17designated by the court.
18    (2) (a) Any minor 10 years of age or older arrested
19pursuant to this Act where there is probable cause to believe
20that the minor is a delinquent minor and that (i) secure
21custody is a matter of immediate and urgent necessity for the
22protection of the minor or of the person or property of
23another, (ii) the minor is likely to flee the jurisdiction of
24the court, or (iii) the minor was taken into custody under a
25warrant, may be kept or detained in an authorized detention

 

 

SB4157- 7 -LRB102 26223 RLC 36046 b

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

 

 

SB4157- 8 -LRB102 26223 RLC 36046 b

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

 

 

SB4157- 9 -LRB102 26223 RLC 36046 b

1or older arrested or taken into custody under this Act for
2vehicular hijacking or aggravated vehicular hijacking shall be
3detained in an authorized detention facility until a detention
4or shelter care hearing is held to determine if there is
5probable cause to believe that the minor is a delinquent minor
6and that: (1) secure custody is a matter of immediate and
7urgent necessity for the protection of the minor or of the
8person or property of another; (2) the minor is likely to flee
9the jurisdiction of the court; or (3) the minor was taken into
10custody under a warrant. If the court makes that
11determination, the minor shall continue to be held until the
12disposition of an adjudicatory hearing under this Article.
13    (c) Except as otherwise provided in paragraph (a), (d), or
14(e), no minor shall be detained in a county jail or municipal
15lockup for more than 12 hours, unless the offense is a crime of
16violence in which case the minor may be detained up to 24
17hours. For the purpose of this paragraph, "crime of violence"
18has the meaning ascribed to it in Section 1-10 of the
19Alcoholism and Other Drug Abuse and Dependency Act.
20        (i) The period of detention is deemed to have begun
21    once the minor has been placed in a locked room or cell or
22    handcuffed to a stationary object in a building housing a
23    county jail or municipal lockup. Time spent transporting a
24    minor is not considered to be time in detention or secure
25    custody.
26        (ii) Any minor so confined shall be under periodic

 

 

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1    supervision and shall not be permitted to come into or
2    remain in contact with adults in custody in the building.
3        (iii) Upon placement in secure custody in a jail or
4    lockup, the minor shall be informed of the purpose of the
5    detention, the time it is expected to last and the fact
6    that it cannot exceed the time specified under this Act.
7        (iv) A log shall be kept which shows the offense which
8    is the basis for the detention, the reasons and
9    circumstances for the decision to detain, and the length
10    of time the minor was in detention.
11        (v) Violation of the time limit on detention in a
12    county jail or municipal lockup shall not, in and of
13    itself, render inadmissible evidence obtained as a result
14    of the violation of this time limit. Minors under 18 years
15    of age shall be kept separate from confined adults and may
16    not at any time be kept in the same cell, room, or yard
17    with adults confined pursuant to criminal law. Persons 18
18    years of age and older who have a petition of delinquency
19    filed against them may be confined in an adult detention
20    facility. In making a determination whether to confine a
21    person 18 years of age or older who has a petition of
22    delinquency filed against the person, these factors, among
23    other matters, shall be considered:
24            (A) the age of the person;
25            (B) any previous delinquent or criminal history of
26        the person;

 

 

SB4157- 11 -LRB102 26223 RLC 36046 b

1            (C) any previous abuse or neglect history of the
2        person; and
3            (D) any mental health or educational history of
4        the person, or both.
5    (d) (i) If a minor 12 years of age or older is confined in
6a county jail in a county with a population below 3,000,000
7inhabitants, then the minor's confinement shall be implemented
8in such a manner that there will be no contact by sight, sound,
9or otherwise between the minor and adult prisoners. Minors 12
10years of age or older must be kept separate from confined
11adults and may not at any time be kept in the same cell, room,
12or yard with confined adults. This paragraph (d)(i) shall only
13apply to confinement pending an adjudicatory hearing and shall
14not exceed 40 hours, excluding Saturdays, Sundays, and
15court-designated holidays. To accept or hold minors during
16this time period, county jails shall comply with all
17monitoring standards adopted by the Department of Corrections
18and training standards approved by the Illinois Law
19Enforcement Training Standards Board.
20    (ii) To accept or hold minors, 12 years of age or older,
21after the time period prescribed in paragraph (d)(i) of this
22subsection (2) of this Section but not exceeding 7 days
23including Saturdays, Sundays, and holidays pending an
24adjudicatory hearing, county jails shall comply with all
25temporary detention standards adopted by the Department of
26Corrections and training standards approved by the Illinois

 

 

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1Law Enforcement Training Standards Board.
2    (iii) To accept or hold minors 12 years of age or older,
3after the time period prescribed in paragraphs (d)(i) and
4(d)(ii) of this subsection (2) of this Section, county jails
5shall comply with all county juvenile detention standards
6adopted by the Department of Juvenile Justice.
7    (e) When a minor who is at least 15 years of age is
8prosecuted under the criminal laws of this State, the court
9may enter an order directing that the juvenile be confined in
10the county jail. However, any juvenile confined in the county
11jail under this provision shall be separated from adults who
12are confined in the county jail in such a manner that there
13will be no contact by sight, sound or otherwise between the
14juvenile and adult prisoners.
15    (f) For purposes of appearing in a physical lineup, the
16minor may be taken to a county jail or municipal lockup under
17the direct and constant supervision of a juvenile police
18officer. During such time as is necessary to conduct a lineup,
19and while supervised by a juvenile police officer, the sight
20and sound separation provisions shall not apply.
21    (g) For purposes of processing a minor, the minor may be
22taken to a county jail or municipal lockup under the direct and
23constant supervision of a law enforcement officer or
24correctional officer. During such time as is necessary to
25process the minor, and while supervised by a law enforcement
26officer or correctional officer, the sight and sound

 

 

SB4157- 13 -LRB102 26223 RLC 36046 b

1separation provisions shall not apply.
2    (3) If the probation officer or State's Attorney (or such
3other public officer designated by the court in a county
4having 3,000,000 or more inhabitants) determines that the
5minor may be a delinquent minor as described in subsection (3)
6of Section 5-105, and should be retained in custody but does
7not require physical restriction, the minor may be placed in
8non-secure custody for up to 40 hours pending a detention
9hearing.
10    (4) Any minor taken into temporary custody, not requiring
11secure detention, may, however, be detained in the home of his
12or her parent or guardian subject to such conditions as the
13court may impose.
14    (5) The changes made to this Section by Public Act 98-61
15apply to a minor who has been arrested or taken into custody on
16or after January 1, 2014 (the effective date of Public Act
1798-61).
18(Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)