093_HB0524eng

 
HB0524 Engrossed                     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.
 
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 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
 
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 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. In making a
28    determination  whether to confine a person 17 years of age or
29    older who has a petition of  delinquency  filed  against  the
30    person,   these   factors,  among  other  matters,  shall  be
31    considered:
32        (A)  The age of the person;
33        (B)  Any previous delinquent or criminal history  of  the
34    person;
 
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 1        (C)  Any previous abuse or neglect history of the person;
 2    and
 3        (D)  Any  mental  health  or  educational  history of the
 4    person, or both.
 5        (d) (i)  If a minor 12 years of age or older is  confined
 6    in  a  county  jail  in  a  county  with  a  population below
 7    3,000,000 inhabitants, then the minor's confinement shall  be
 8    implemented in such a manner that there will be no contact by
 9    sight,  sound  or  otherwise  between  the  minor  and  adult
10    prisoners.   Minors  12  years  of  age or older must be kept
11    separate from confined adults and may not at any time be kept
12    in the same cell, room, or yard with confined  adults.   This
13    paragraph  (d)(i)  shall only apply to confinement pending an
14    adjudicatory hearing and shall not exceed 40 hours, excluding
15    Saturdays, Sundays and court designated holidays.  To  accept
16    or  hold  minors  during this time period, county jails shall
17    comply with  all  monitoring  standards  promulgated  by  the
18    Department  of Corrections and training standards approved by
19    the Illinois Law Enforcement Training Standards Board.
20        (ii)  To accept or hold minors, 12 years of age or older,
21    after the time period prescribed in paragraph (d)(i) of  this
22    subsection  (2)  of  this  Section  but  not exceeding 7 days
23    including  Saturdays,  Sundays  and   holidays   pending   an
24    adjudicatory  hearing,  county  jails  shall  comply with all
25    temporary detention standards promulgated by  the  Department
26    of   Corrections  and  training  standards  approved  by  the
27    Illinois Law Enforcement Training Standards Board.
28        (iii)  To accept or hold minors 12 years of age or older,
29    after the time period prescribed  in  paragraphs  (d)(i)  and
30    (d)(ii)  of this subsection (2) of this Section, county jails
31    shall comply with all programmatic and training standards for
32    juvenile detention homes promulgated  by  the  Department  of
33    Corrections.
34        (e)  When  a  minor  who  is  at least 15 years of age is
 
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 1    prosecuted under the criminal laws of this State,  the  court
 2    may enter an order directing that the juvenile be confined in
 3    the  county  jail.   However,  any  juvenile  confined in the
 4    county jail under this  provision  shall  be  separated  from
 5    adults  who  are confined in the county jail in such a manner
 6    that there will be no contact by sight,  sound  or  otherwise
 7    between the juvenile and adult prisoners.
 8        (f)  For  purposes of appearing in a physical lineup, the
 9    minor may be taken to a county jail or municipal lockup under
10    the direct and constant  supervision  of  a  juvenile  police
11    officer.   During  such  time  as  is  necessary to conduct a
12    lineup, and while supervised by a  juvenile  police  officer,
13    the sight and sound separation provisions shall not apply.
14        (g)  For purposes of processing a minor, the minor may be
15    taken  to  a County Jail or municipal lockup under the direct
16    and constant supervision of  a  law  enforcement  officer  or
17    correctional  officer.   During  such time as is necessary to
18    process the minor, and while supervised by a law  enforcement
19    officer   or   correctional  officer,  the  sight  and  sound
20    separation provisions shall not apply.
21        (3)  If the probation officer  or  State's  Attorney  (or
22    such other public officer designated by the court in a county
23    having  3,000,000  or  more  inhabitants) determines that the
24    minor may be a delinquent minor as  described  in  subsection
25    (3)  of  Section 5-105, and should be retained in custody but
26    does not require  physical  restriction,  the  minor  may  be
27    placed  in  non-secure  custody  for up to 40 hours pending a
28    detention hearing.
29        (4)  Any  minor  taken  into   temporary   custody,   not
30    requiring  secure detention, may, however, be detained in the
31    home of his  or  her  parent  or  guardian  subject  to  such
32    conditions as the court may impose.
33    (Source: P.A. 90-590, eff. 1-1-99.)