Full Text of HB1050 95th General Assembly
HB1050eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning courts.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 3. The Children and Family Services Act is amended | 5 |
| by changing Section 17a-5 as follows:
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| (20 ILCS 505/17a-5) (from Ch. 23, par. 5017a-5)
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| Sec. 17a-5. The Department of Human Services shall be | 8 |
| successor to the
Department of Children and Family Services in | 9 |
| the latter Department's capacity
as successor to the Illinois | 10 |
| Law Enforcement
Commission in the functions of that Commission | 11 |
| relating to juvenile justice
and the federal Juvenile Justice | 12 |
| and Delinquency Prevention Act of 1974
as amended, and shall | 13 |
| have the powers, duties and functions specified in
this Section | 14 |
| relating to juvenile justice and the federal Juvenile Justice
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| and Delinquency Prevention Act of 1974, as amended.
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| (1) Definitions. As used in this Section:
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| (a) "juvenile justice system" means all activities by | 18 |
| public or private
agencies or persons pertaining to the | 19 |
| handling of youth involved or having
contact with the | 20 |
| police, courts or corrections;
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| (b) "unit of general local government" means any | 22 |
| county, municipality
or other general purpose political | 23 |
| subdivision of this State;
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| (c) "Commission" means the Illinois Juvenile Justice
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| Commission provided for in Section 17a-9 of this Act.
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| (2) Powers and Duties of Department. The Department of | 4 |
| Human Services
shall serve as the
official State Planning | 5 |
| Agency for juvenile justice for the State of Illinois
and in | 6 |
| that capacity is authorized and empowered to discharge any and | 7 |
| all
responsibilities imposed on such bodies by the federal | 8 |
| Juvenile Justice
and Delinquency Prevention Act of 1974, as | 9 |
| amended, specifically the
deinstitutionalization
of status | 10 |
| offenders, separation of juveniles and adults in municipal and
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| county jails, removal of juveniles from county and municipal | 12 |
| jails and
monitoring
of compliance with these mandates. In | 13 |
| furtherance thereof, the Department
has the powers and duties | 14 |
| set forth in paragraphs 3 through 15 of this Section:
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| (3) To develop annual comprehensive plans based on analysis | 16 |
| of juvenile
crime problems and juvenile justice and delinquency | 17 |
| prevention needs in
the State, for the improvement of juvenile | 18 |
| justice throughout the State,
such plans to be in accordance | 19 |
| with the federal Juvenile Justice and Delinquency
Prevention | 20 |
| Act of 1974, as amended;
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| (4) To define, develop and correlate programs and projects | 22 |
| relating to
administration of juvenile justice for the State | 23 |
| and units of general local
government within the State or for | 24 |
| combinations of such units for
improvement in law enforcement:
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| (5) To advise, assist and make recommendations to the | 26 |
| Governor as to how
to achieve a more efficient and effective |
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| juvenile justice system;
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| (6) To act as a central repository for federal, State, | 3 |
| regional and local
research studies, plans, projects, and | 4 |
| proposals relating to the improvement
of the juvenile justice | 5 |
| system;
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| (7) To act as a clearing house for information relating to | 7 |
| all aspects
of juvenile justice system improvement;
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| (8) To undertake research studies to aid in accomplishing | 9 |
| its purposes;
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| (9) To establish priorities for the expenditure of funds | 11 |
| made
available by the United States for the improvement of the | 12 |
| juvenile justice
system throughout the State;
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| (10) To apply for, receive, allocate, disburse, and account | 14 |
| for grants
of funds made available by the United States | 15 |
| pursuant to the federal Juvenile
Justice and Delinquency | 16 |
| Prevention Act of 1974, as amended; and such other
similar | 17 |
| legislation as may be enacted from time to time in order to | 18 |
| plan,
establish, operate, coordinate, and evaluate projects | 19 |
| directly or through
grants and contracts with public and | 20 |
| private agencies for the development
of more effective | 21 |
| education, training, research, prevention, diversion,
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| treatment and rehabilitation programs in the area of juvenile | 23 |
| delinquency
and programs to improve the juvenile justice | 24 |
| system;
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| (11) To insure that no more than the maximum percentage of | 26 |
| the total annual
State allotment of juvenile justice funds be |
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| utilized for the administration
of such funds;
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| (12) To provide at least 66-2/3 per centum of funds | 3 |
| received by the State
under the Juvenile Justice and | 4 |
| Delinquency Prevention Act of 1974, as amended,
are expended | 5 |
| through:
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| (a) programs of units of general local government or | 7 |
| combinations thereof,
to the extent such programs are | 8 |
| consistent with the State plan; and
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| (b) programs of local private agencies, to the extent | 10 |
| such programs are
consistent with the State plan;
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| (13) To enter into agreements with the United States | 12 |
| government
which may be required as a condition of obtaining | 13 |
| federal funds;
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| (14) To enter into contracts and cooperate with units of | 15 |
| general local
government or combinations of such units, State | 16 |
| agencies, and private
organizations
of all types, for the | 17 |
| purpose of carrying out the duties of the Department
imposed by | 18 |
| this Section or by federal law or
regulations;
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| (14.5) To operate a toll-free number to arrange for the | 20 |
| immediate pick-up and transportation of minor offenders to | 21 |
| detention facilities throughout the State pursuant to Section | 22 |
| 5-410 of the Juvenile Court Act of 1987;
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| (15) To exercise all other powers that are reasonable and | 24 |
| necessary to
fulfill its functions under applicable federal law | 25 |
| or to further the
purposes of this Section.
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| (Source: P.A. 89-507, eff. 7-1-97.)
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| Section 5. The Juvenile Court Act of 1987 is amended by | 2 |
| changing Section 5-410 as follows:
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| (705 ILCS 405/5-410)
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| Sec. 5-410. Non-secure custody or detention.
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| (1) Any minor arrested or taken into custody pursuant to | 6 |
| this Act who
requires care away from his or her home but who | 7 |
| does not require physical
restriction shall be given temporary | 8 |
| care in a foster family home or other
shelter facility | 9 |
| designated by the court.
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| (2) (a) Any minor 10 years of age or older arrested
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| pursuant to this Act where there is probable cause to believe | 12 |
| that the minor
is a delinquent minor and that
(i) secured | 13 |
| custody is a matter of immediate and urgent necessity for the
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| protection of the minor or of the person or property of | 15 |
| another, (ii) the minor
is likely to flee the jurisdiction of | 16 |
| the court, or (iii) the minor was taken
into custody under a | 17 |
| warrant, may be kept or detained in an authorized
detention | 18 |
| facility. No minor under 17
12 years of age shall be detained | 19 |
| in a
county jail or a municipal lockup for more than 6 hours , | 20 |
| except as provided in paragraph (d) of this subsection (2) .
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| (b) The written authorization of the probation officer or | 22 |
| detention officer
(or other public officer designated by the | 23 |
| court in a county having
3,000,000 or more inhabitants) | 24 |
| constitutes authority for the superintendent of
any juvenile |
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| detention home to detain and keep a minor for up to 40 hours,
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| excluding Saturdays, Sundays and court-designated holidays. | 3 |
| These
records shall be available to the same persons and | 4 |
| pursuant to the same
conditions as are law enforcement records | 5 |
| as provided in Section 5-905.
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| (b-4) The consultation required by subsection (b-5) shall | 7 |
| not be applicable
if the probation officer or detention officer | 8 |
| (or other public officer
designated
by the court in a
county | 9 |
| having 3,000,000 or more inhabitants) utilizes a scorable | 10 |
| detention
screening instrument, which has been developed with | 11 |
| input by the State's
Attorney, to
determine whether a minor | 12 |
| should be detained, however, subsection (b-5) shall
still be | 13 |
| applicable where no such screening instrument is used or where | 14 |
| the
probation officer, detention officer (or other public | 15 |
| officer designated by the
court in a county
having 3,000,000 or | 16 |
| more inhabitants) deviates from the screening instrument.
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| (b-5) Subject to the provisions of subsection (b-4), if a | 18 |
| probation officer
or detention officer
(or other public officer | 19 |
| designated by
the court in a county having 3,000,000 or more | 20 |
| inhabitants) does not intend to
detain a minor for an offense | 21 |
| which constitutes one of the following offenses
he or she shall | 22 |
| consult with the State's Attorney's Office prior to the release
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| of the minor: first degree murder, second degree murder, | 24 |
| involuntary
manslaughter, criminal sexual assault, aggravated | 25 |
| criminal sexual assault,
aggravated battery with a firearm, | 26 |
| aggravated or heinous battery involving
permanent disability |
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| or disfigurement or great bodily harm, robbery, aggravated
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| robbery, armed robbery, vehicular hijacking, aggravated | 3 |
| vehicular hijacking,
vehicular invasion, arson, aggravated | 4 |
| arson, kidnapping, aggravated kidnapping,
home invasion, | 5 |
| burglary, or residential burglary.
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| (c) Except as otherwise provided in paragraph (a), (d), or | 7 |
| (e), no minor
shall
be detained in a county jail or municipal | 8 |
| lockup for more than 12 hours, unless
the offense is a crime of | 9 |
| violence in which case the minor may be detained up
to 24 | 10 |
| hours. For the purpose of this paragraph, "crime of violence" | 11 |
| has the
meaning
ascribed to it in Section 1-10 of the | 12 |
| Alcoholism and Other Drug Abuse and
Dependency Act.
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| (i) The
period of detention is deemed to have begun | 14 |
| once the minor has been placed in a
locked room or cell or | 15 |
| handcuffed to a stationary object in a building housing
a | 16 |
| county jail or municipal lockup. Time spent transporting a | 17 |
| minor is not
considered to be time in detention or secure | 18 |
| custody.
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| (ii) Any minor so
confined shall be under periodic | 20 |
| supervision and shall not be permitted to come
into or | 21 |
| remain in contact with adults in custody in the building.
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| (iii) Upon
placement in secure custody in a jail or | 23 |
| lockup, the
minor shall be informed of the purpose of the | 24 |
| detention, the time it is
expected to last and the fact | 25 |
| that it cannot exceed the time specified under
this Act.
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| (iv) A log shall
be kept which shows the offense which |
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| is the basis for the detention, the
reasons and | 2 |
| circumstances for the decision to detain and the length of | 3 |
| time the
minor was in detention.
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| (v) Violation of the time limit on detention
in a | 5 |
| county jail or municipal lockup shall not, in and of | 6 |
| itself, render
inadmissible evidence obtained as a result | 7 |
| of the violation of this
time limit. Minors under 17 years | 8 |
| of age shall be kept separate from confined
adults and may | 9 |
| not at any time be kept in the same cell, room or yard with
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| adults confined pursuant to criminal law. Persons 17 years | 11 |
| of age and older
who have a petition of delinquency filed | 12 |
| against them may be
confined in an
adult detention | 13 |
| facility.
In making a determination whether to confine a | 14 |
| person 17 years of age or
older
who has a petition of | 15 |
| delinquency filed against the person, these factors,
among | 16 |
| other matters, shall be considered:
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| (A) The age of the person;
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| (B) Any previous delinquent or criminal history of | 19 |
| the person;
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| (C) Any previous abuse or neglect history of the | 21 |
| person; and
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| (D) Any mental health or educational history of the | 23 |
| person, or both.
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| (d) Whenever it appears that a minor who is arrested | 25 |
| pursuant to paragraph (a) of this subsection (2) will need to | 26 |
| be detained for longer than 6 hours in a county jail or a |
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| municipal lockup, the arresting authority shall notify the | 2 |
| Department of Human Services to arrange for the immediate | 3 |
| pickup and transportation of the arrested minor to and from a | 4 |
| detention facility. A minor may remain in the county jail or | 5 |
| municipal lockup for as long as it takes for the Department to | 6 |
| provide for pickup and transportation.
(i) If a minor 12 years | 7 |
| of age or older is confined in a county jail
in a
county with a | 8 |
| population below 3,000,000 inhabitants, then the minor's
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| confinement shall be implemented in such a manner that there | 10 |
| will be no contact
by sight, sound or otherwise between the | 11 |
| minor and adult prisoners. Minors
12 years of age or older must | 12 |
| be kept separate from confined adults and may not
at any time
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| be kept in the same cell, room, or yard with confined adults. | 14 |
| This paragraph
(d)(i) shall only apply to confinement pending | 15 |
| an adjudicatory hearing and
shall not exceed 40 hours, | 16 |
| excluding Saturdays, Sundays and court designated
holidays. To | 17 |
| accept or hold minors during this time period, county jails | 18 |
| shall
comply with all monitoring standards promulgated by the | 19 |
| Department of
Corrections and training standards approved by | 20 |
| the Illinois Law Enforcement
Training Standards Board.
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| (ii) To accept or hold minors, 12 years of age or older, | 22 |
| after the time
period
prescribed in paragraph (d)(i) of this | 23 |
| subsection (2) of this Section but not
exceeding 7 days | 24 |
| including Saturdays, Sundays and holidays pending an
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| adjudicatory hearing, county jails shall comply with all | 26 |
| temporary detention
standards promulgated by the Department of |
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| Corrections and training standards
approved by the Illinois Law | 2 |
| Enforcement Training Standards Board.
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| (iii) To accept or hold minors 12 years of age or older, | 4 |
| after the time
period prescribed in paragraphs (d)(i) and | 5 |
| (d)(ii) of this subsection (2) of
this
Section, county jails | 6 |
| shall comply with all programmatic and training standards
for | 7 |
| juvenile detention homes promulgated by the Department of | 8 |
| Corrections.
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| (e) When a minor who is at least 15 years of age is | 10 |
| prosecuted under the
criminal laws of this State,
the court may | 11 |
| enter an order directing that the juvenile be confined
in the | 12 |
| county jail. However, any juvenile confined in the county jail | 13 |
| under
this provision shall be separated from adults who are | 14 |
| confined in the county
jail in such a manner that there will be | 15 |
| no contact by sight, sound or
otherwise between the juvenile | 16 |
| and adult prisoners.
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| (f) For purposes of appearing in a physical lineup, the | 18 |
| minor may be taken
to a county jail or municipal lockup under | 19 |
| the direct and constant supervision
of a juvenile police | 20 |
| officer. During such time as is necessary to conduct a
lineup, | 21 |
| and while supervised by a juvenile police officer, the sight | 22 |
| and sound
separation provisions shall not apply.
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| (g) For purposes of processing a minor, the minor may be | 24 |
| taken to a County
Jail or municipal lockup under the direct and | 25 |
| constant supervision of a law
enforcement officer or | 26 |
| correctional officer. During such time as is necessary
to |
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| process the minor, and while supervised by a law enforcement | 2 |
| officer or
correctional officer, the sight and sound separation | 3 |
| provisions shall not
apply.
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| (3) If the probation officer or State's Attorney (or such | 5 |
| other public
officer designated by the court in a county having | 6 |
| 3,000,000 or more
inhabitants) determines that the minor may be | 7 |
| a delinquent minor as described
in subsection (3) of Section | 8 |
| 5-105, and should be retained in custody but does
not require
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| physical restriction, the minor may be placed in non-secure | 10 |
| custody for up to
40 hours pending a detention hearing.
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| (4) Any minor taken into temporary custody, not requiring | 12 |
| secure
detention, may, however, be detained in the home of his | 13 |
| or her parent or
guardian subject to such conditions as the | 14 |
| court may impose.
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| (Source: P.A. 93-255, eff. 1-1-04.)
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