Illinois General Assembly - Full Text of SB2922
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Full Text of SB2922  102nd General Assembly

SB2922 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2922

 

Introduced 10/13/2021, by Sen. Chapin Rose, Donald P. DeWitte and Terri Bryant

 

SYNOPSIS AS INTRODUCED:
 
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.


LRB102 20128 RLC 28980 b

 

 

A BILL FOR

 

SB2922LRB102 20128 RLC 28980 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 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

 

 

SB2922- 2 -LRB102 20128 RLC 28980 b

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

 

 

SB2922- 3 -LRB102 20128 RLC 28980 b

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. Any minor 10 years of age
24or older arrested or taken into custody under this Act for
25vehicular hijacking or aggravated vehicular hijacking shall be
26detained in an authorized detention facility until a detention

 

 

SB2922- 4 -LRB102 20128 RLC 28980 b

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

 

 

SB2922- 5 -LRB102 20128 RLC 28980 b

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

 

 

SB2922- 6 -LRB102 20128 RLC 28980 b

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

 

 

SB2922- 7 -LRB102 20128 RLC 28980 b

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

 

 

SB2922- 8 -LRB102 20128 RLC 28980 b

1having 3,000,000 or more inhabitants) determines that the
2minor may be a delinquent minor as described in subsection (3)
3of Section 5-105, and should be retained in custody but does
4not require physical restriction, the minor may be placed in
5non-secure custody for up to 40 hours pending a detention
6hearing.
7    (4) Any minor taken into temporary custody, not requiring
8secure detention, may, however, be detained in the home of his
9or her parent or guardian subject to such conditions as the
10court may impose.
11    (5) The changes made to this Section by Public Act 98-61
12apply to a minor who has been arrested or taken into custody on
13or after January 1, 2014 (the effective date of Public Act
1498-61).
15(Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)