Full Text of HB4988 95th General Assembly
HB4988 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB4988
Introduced , by Rep. Julie Hamos SYNOPSIS AS INTRODUCED: |
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55 ILCS 75/2 |
from Ch. 23, par. 2682 |
705 ILCS 405/5-410 |
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730 ILCS 5/3-10-8 |
from Ch. 38, par. 1003-10-8 |
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Amends the County Shelter Care and Detention Home Act. Makes a technical change in a Section concerning minimum standards for shelter care homes and detention homes. Amends the Juvenile Court Act of 1987. Makes a technical change in a Section concerning non-secure custody and detention. Amends the Unified Code of Corrections. Makes a technical change in a Section concerning discipline in facilities of the Department of Juvenile Justice.
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A BILL FOR
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HB4988 |
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LRB095 17571 RLC 45540 b |
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| AN ACT concerning juveniles.
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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 5. The County Shelter Care and Detention Home Act | 5 |
| is amended by changing Section 2 as follows:
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| (55 ILCS 75/2) (from Ch. 23, par. 2682)
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| Sec. 2. Each county shelter care home and and detention | 8 |
| home authorized and
established by this Act shall comply with | 9 |
| minimum standards established by
the Department of Juvenile | 10 |
| Justice. No neglected or abused minor, addicted
minor, | 11 |
| dependent minor or minor requiring authoritative intervention, | 12 |
| as
defined in the Juvenile Court Act of 1987, or minor alleged | 13 |
| to be such,
may be detained in any county detention home.
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| (Source: P.A. 94-696, eff. 6-1-06 .)
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| Section 10. The Juvenile Court Act of 1987 is amended by | 16 |
| 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 | 20 |
| this this Act who
requires care away from his or her home but | 21 |
| who does not require physical
restriction shall be given |
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LRB095 17571 RLC 45540 b |
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| temporary care in a foster family home or other
shelter | 2 |
| facility 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 | 5 |
| that the minor
is a delinquent minor and that
(i) secured | 6 |
| 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 | 8 |
| another, (ii) the minor
is likely to flee the jurisdiction of | 9 |
| the court, or (iii) the minor was taken
into custody under a | 10 |
| warrant, may be kept or detained in an authorized
detention | 11 |
| facility. No minor under 12 years of age shall be detained in a
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| county jail or a municipal lockup for more than 6 hours.
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| (b) The written authorization of the probation officer or | 14 |
| detention officer
(or other public officer designated by the | 15 |
| court in a county having
3,000,000 or more inhabitants) | 16 |
| constitutes authority for the superintendent of
any juvenile | 17 |
| detention home to detain and keep a minor for up to 40 hours,
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| excluding Saturdays, Sundays and court-designated holidays. | 19 |
| These
records shall be available to the same persons and | 20 |
| pursuant to the same
conditions as are law enforcement records | 21 |
| as provided in Section 5-905.
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| (b-4) The consultation required by subsection (b-5) shall | 23 |
| not be applicable
if the probation officer or detention officer | 24 |
| (or other public officer
designated
by the court in a
county | 25 |
| having 3,000,000 or more inhabitants) utilizes a scorable | 26 |
| detention
screening instrument, which has been developed with |
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| input by the State's
Attorney, to
determine whether a minor | 2 |
| should be detained, however, subsection (b-5) shall
still be | 3 |
| applicable where no such screening instrument is used or where | 4 |
| the
probation officer, detention officer (or other public | 5 |
| officer designated by the
court in a county
having 3,000,000 or | 6 |
| more inhabitants) deviates from the screening instrument.
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| (b-5) Subject to the provisions of subsection (b-4), if a | 8 |
| probation officer
or detention officer
(or other public officer | 9 |
| designated by
the court in a county having 3,000,000 or more | 10 |
| inhabitants) does not intend to
detain a minor for an offense | 11 |
| which constitutes one of the following offenses
he or she shall | 12 |
| 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, | 14 |
| involuntary
manslaughter, criminal sexual assault, aggravated | 15 |
| criminal sexual assault,
aggravated battery with a firearm, | 16 |
| aggravated or heinous battery involving
permanent disability | 17 |
| or disfigurement or great bodily harm, robbery, aggravated
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| robbery, armed robbery, vehicular hijacking, aggravated | 19 |
| vehicular hijacking,
vehicular invasion, arson, aggravated | 20 |
| arson, kidnapping, aggravated kidnapping,
home invasion, | 21 |
| burglary, or residential burglary.
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| (c) Except as otherwise provided in paragraph (a), (d), or | 23 |
| (e), no minor
shall
be detained in a county jail or municipal | 24 |
| lockup for more than 12 hours, unless
the offense is a crime of | 25 |
| violence in which case the minor may be detained up
to 24 | 26 |
| hours. For the purpose of this paragraph, "crime of violence" |
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| has the
meaning
ascribed to it in Section 1-10 of the | 2 |
| Alcoholism and Other Drug Abuse and
Dependency Act.
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| (i) The
period of detention is deemed to have begun | 4 |
| once the minor has been placed in a
locked room or cell or | 5 |
| handcuffed to a stationary object in a building housing
a | 6 |
| county jail or municipal lockup. Time spent transporting a | 7 |
| minor is not
considered to be time in detention or secure | 8 |
| custody.
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| (ii) Any minor so
confined shall be under periodic | 10 |
| supervision and shall not be permitted to come
into or | 11 |
| remain in contact with adults in custody in the building.
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| (iii) Upon
placement in secure custody in a jail or | 13 |
| lockup, the
minor shall be informed of the purpose of the | 14 |
| detention, the time it is
expected to last and the fact | 15 |
| 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 | 17 |
| is the basis for the detention, the
reasons and | 18 |
| circumstances for the decision to detain and the length of | 19 |
| time the
minor was in detention.
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| (v) Violation of the time limit on detention
in a | 21 |
| county jail or municipal lockup shall not, in and of | 22 |
| itself, render
inadmissible evidence obtained as a result | 23 |
| of the violation of this
time limit. Minors under 17 years | 24 |
| of age shall be kept separate from confined
adults and may | 25 |
| 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 |
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| of age and older
who have a petition of delinquency filed | 2 |
| against them may be
confined in an
adult detention | 3 |
| facility.
In making a determination whether to confine a | 4 |
| person 17 years of age or
older
who has a petition of | 5 |
| delinquency filed against the person, these factors,
among | 6 |
| 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 | 9 |
| the person;
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| (C) Any previous abuse or neglect history of the | 11 |
| person; and
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| (D) Any mental health or educational history of the | 13 |
| person, or both.
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| (d) (i) If a minor 12 years of age or older is confined in a | 15 |
| county jail
in a
county with a population below 3,000,000 | 16 |
| inhabitants, then the minor's
confinement shall be implemented | 17 |
| in such a manner that there will be no contact
by sight, sound | 18 |
| or otherwise between the minor and adult prisoners. Minors
12 | 19 |
| years of age or older must be kept separate from confined | 20 |
| adults and may not
at any time
be kept in the same cell, room, | 21 |
| or yard with confined adults. This paragraph
(d)(i) shall only | 22 |
| apply to confinement pending an adjudicatory hearing and
shall | 23 |
| not exceed 40 hours, excluding Saturdays, Sundays and court | 24 |
| designated
holidays. To accept or hold minors during this time | 25 |
| period, county jails shall
comply with all monitoring standards | 26 |
| promulgated by the Department of
Corrections and training |
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LRB095 17571 RLC 45540 b |
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| standards approved by the Illinois Law Enforcement
Training | 2 |
| Standards Board.
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| (ii) To accept or hold minors, 12 years of age or older, | 4 |
| after the time
period
prescribed in paragraph (d)(i) of this | 5 |
| subsection (2) of this Section but not
exceeding 7 days | 6 |
| including Saturdays, Sundays and holidays pending an
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| adjudicatory hearing, county jails shall comply with all | 8 |
| temporary detention
standards promulgated by the Department of | 9 |
| Corrections and training standards
approved by the Illinois Law | 10 |
| Enforcement Training Standards Board.
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| (iii) To accept or hold minors 12 years of age or older, | 12 |
| after the time
period prescribed in paragraphs (d)(i) and | 13 |
| (d)(ii) of this subsection (2) of
this
Section, county jails | 14 |
| shall comply with all programmatic and training standards
for | 15 |
| juvenile detention homes promulgated by the Department of | 16 |
| Corrections.
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| (e) When a minor who is at least 15 years of age is | 18 |
| prosecuted under the
criminal laws of this State,
the court may | 19 |
| enter an order directing that the juvenile be confined
in the | 20 |
| county jail. However, any juvenile confined in the county jail | 21 |
| under
this provision shall be separated from adults who are | 22 |
| confined in the county
jail in such a manner that there will be | 23 |
| no contact by sight, sound or
otherwise between the juvenile | 24 |
| and adult prisoners.
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| (f) For purposes of appearing in a physical lineup, the | 26 |
| minor may be taken
to a county jail or municipal lockup under |
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| the direct and constant supervision
of a juvenile police | 2 |
| officer. During such time as is necessary to conduct a
lineup, | 3 |
| and while supervised by a juvenile police officer, the sight | 4 |
| and sound
separation provisions shall not apply.
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| (g) For purposes of processing a minor, the minor may be | 6 |
| taken to a County
Jail or municipal lockup under the direct and | 7 |
| constant supervision of a law
enforcement officer or | 8 |
| correctional officer. During such time as is necessary
to | 9 |
| process the minor, and while supervised by a law enforcement | 10 |
| officer or
correctional officer, the sight and sound separation | 11 |
| provisions shall not
apply.
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| (3) If the probation officer or State's Attorney (or such | 13 |
| other public
officer designated by the court in a county having | 14 |
| 3,000,000 or more
inhabitants) determines that the minor may be | 15 |
| a delinquent minor as described
in subsection (3) of Section | 16 |
| 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 | 18 |
| custody for up to
40 hours pending a detention hearing.
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| (4) Any minor taken into temporary custody, not requiring | 20 |
| secure
detention, may, however, be detained in the home of his | 21 |
| or her parent or
guardian subject to such conditions as the | 22 |
| court may impose.
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| (Source: P.A. 93-255, eff. 1-1-04.)
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| Section 15. The Unified Code of Corrections is amended by | 25 |
| changing Section 3-10-8 as follows:
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LRB095 17571 RLC 45540 b |
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| (730 ILCS 5/3-10-8) (from Ch. 38, par. 1003-10-8)
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| Sec. 3-10-8. Discipline.) | 3 |
| (a)(1) Corporal punishment and and
disciplinary | 4 |
| restrictions on diet, medical or sanitary facilities,
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| clothing, bedding or mail are prohibited, as are reductions in
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| the frequency of use of toilets, washbowls and showers.
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| (2) Disciplinary restrictions on visitation, work, | 8 |
| education
or program assignments, the use of toilets, washbowls
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| and showers shall be related as closely as practicable to
abuse | 10 |
| of such privileges or facilities. This paragraph shall
not | 11 |
| apply to segregation or isolation of persons for purposes
of | 12 |
| institutional control.
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| (3) No person committed to the Department of Juvenile | 14 |
| Justice may be
isolated for disciplinary reasons for more than | 15 |
| 7 consecutive
days nor more than 15 days out of any 30 day | 16 |
| period except in
cases of violence or attempted violence | 17 |
| committed against
another person or property when an additional | 18 |
| period of
isolation for disciplinary reasons is approved by the | 19 |
| chief
administrative officer. A person who has been isolated | 20 |
| for
24 hours or more shall be interviewed daily by his staff
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| counselor or other staff member.
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| (b) The Department of Juvenile Justice shall establish | 23 |
| rules and
regulations governing disciplinary practices, the | 24 |
| penalties
for violation thereof, and the disciplinary | 25 |
| procedure by which
such penalties may be imposed. The rules of |
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LRB095 17571 RLC 45540 b |
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| behavior shall be
made known to each committed person, and the | 2 |
| discipline shall
be suited to the infraction and fairly | 3 |
| applied.
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| (c) All disciplinary action imposed upon persons in
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| institutions and facilities of the Department of Juvenile | 6 |
| Justice shall
be consistent with this Section and Department | 7 |
| rules and
regulations adopted hereunder.
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| (d) Disciplinary action imposed under this Section shall be
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| reviewed by the grievance procedure under Section 3-8-8.
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| (e) A written report of any infraction for which discipline
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| is imposed shall be filed with the chief administrative officer
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| within 72 hours of the occurrence of the infraction or the
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| discovery of it and such report shall be placed in the file
of | 14 |
| the institution or facility.
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| (f) All institutions and facilities of the Department of | 16 |
| Juvenile Justice
shall establish, subject to the approval of | 17 |
| the Director of Juvenile Justice,
procedures for disciplinary | 18 |
| cases except those that may
involve the imposition of | 19 |
| disciplinary isolation; delay in
referral to the Parole and | 20 |
| Pardon Board or a change in work,
education or other program | 21 |
| assignment of more than 7 days duration.
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| (g) In disciplinary cases which may involve the imposition
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| of disciplinary isolation, delay in referral to the Parole
and | 24 |
| Pardon Board, or a change in work, education or other
program | 25 |
| assignment of more than 7 days duration, the Director
shall | 26 |
| establish disciplinary procedures consistent with the
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HB4988 |
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LRB095 17571 RLC 45540 b |
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| following principles:
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| (1) Any person or persons who initiate a disciplinary | 3 |
| charge
against a person shall not decide the charge. To the | 4 |
| extent
possible, a person representing the counseling | 5 |
| staff of the
institution or facility shall participate in | 6 |
| deciding the
disciplinary case.
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| (2) Any committed person charged with a violation of
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| Department rules of behavior shall be given notice of the
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| charge including a statement of the misconduct alleged and | 10 |
| of
the rules this conduct is alleged to violate.
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| (3) Any person charged with a violation of rules is | 12 |
| entitled
to a hearing on that charge at which time he shall | 13 |
| have an
opportunity to appear before and address the person | 14 |
| or persons
deciding the charge.
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| (4) The person or persons deciding the charge may also | 16 |
| summon
to testify any witnesses or other persons with | 17 |
| relevant
knowledge of the incident. The person charged may | 18 |
| be
permitted to question any person so summoned.
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| (5) If the charge is sustained, the person charged is | 20 |
| entitled
to a written statement of the decision by the | 21 |
| persons deciding
the charge which shall include the basis | 22 |
| for the decision and
the disciplinary action, if any, to be | 23 |
| imposed.
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| (6) A change in work, education, or other program | 25 |
| assignment
shall not be used for disciplinary purposes | 26 |
| except as provided
in paragraph (a) of the Section and then |
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LRB095 17571 RLC 45540 b |
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| only after review and
approval under Section 3-10-3.
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| (Source: P.A. 94-696, eff. 6-1-06 .)
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