Illinois General Assembly - Full Text of HB2567
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Full Text of HB2567  99th General Assembly




HB2567 EnrolledLRB099 05754 RLC 25798 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) secured
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    (b) The written authorization of the probation officer or
6detention officer (or other public officer designated by the
7court in a county having 3,000,000 or more inhabitants)
8constitutes authority for the superintendent of any juvenile
9detention home to detain and keep a minor for up to 40 hours,
10excluding Saturdays, Sundays and court-designated holidays.
11These records shall be available to the same persons and
12pursuant to the same conditions as are law enforcement records
13as provided in Section 5-905.
14    (b-4) The consultation required by subsection (b-5) shall
15not be applicable if the probation officer or detention officer
16(or other public officer designated by the court in a county
17having 3,000,000 or more inhabitants) utilizes a scorable
18detention screening instrument, which has been developed with
19input by the State's Attorney, to determine whether a minor
20should be detained, however, subsection (b-5) shall still be
21applicable where no such screening instrument is used or where
22the probation officer, detention officer (or other public
23officer designated by the court in a county having 3,000,000 or
24more inhabitants) deviates from the screening instrument.
25    (b-5) Subject to the provisions of subsection (b-4), if a
26probation officer or detention officer (or other public officer



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1designated by the court in a county having 3,000,000 or more
2inhabitants) does not intend to detain a minor for an offense
3which constitutes one of the following offenses he or she shall
4consult with the State's Attorney's Office prior to the release
5of the minor: first degree murder, second degree murder,
6involuntary manslaughter, criminal sexual assault, aggravated
7criminal sexual assault, aggravated battery with a firearm as
8described in Section 12-4.2 or subdivision (e)(1), (e)(2),
9(e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous
10battery involving permanent disability or disfigurement or
11great bodily harm, robbery, aggravated robbery, armed robbery,
12vehicular hijacking, aggravated vehicular hijacking, vehicular
13invasion, arson, aggravated arson, kidnapping, aggravated
14kidnapping, home invasion, burglary, or residential burglary.
15    (c) Except as otherwise provided in paragraph (a), (d), or
16(e), no minor shall be detained in a county jail or municipal
17lockup for more than 12 hours, unless the offense is a crime of
18violence in which case the minor may be detained up to 24
19hours. For the purpose of this paragraph, "crime of violence"
20has the meaning ascribed to it in Section 1-10 of the
21Alcoholism and Other Drug Abuse and Dependency Act.
22        (i) The period of detention is deemed to have begun
23    once the minor has been placed in a locked room or cell or
24    handcuffed to a stationary object in a building housing a
25    county jail or municipal lockup. Time spent transporting a
26    minor is not considered to be time in detention or secure



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



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



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



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1process the minor, and while supervised by a law enforcement
2officer or correctional officer, the sight and sound separation
3provisions shall not apply.
4    (3) If the probation officer or State's Attorney (or such
5other public officer designated by the court in a county having
63,000,000 or more inhabitants) determines that the minor may be
7a delinquent minor as described in subsection (3) of Section
85-105, and should be retained in custody but does not require
9physical restriction, the minor may be placed in non-secure
10custody for up to 40 hours pending a detention hearing.
11    (4) Any minor taken into temporary custody, not requiring
12secure detention, may, however, be detained in the home of his
13or her parent or guardian subject to such conditions as the
14court may impose.
15    (5) The changes made to this Section by Public Act 98-61
16apply to a minor who has been arrested or taken into custody on
17or after January 1, 2014 (the effective date of Public Act
19(Source: P.A. 98-61, eff. 1-1-14; 98-685, eff. 1-1-15; 98-756,
20eff. 7-16-14.)