Illinois General Assembly - Full Text of HB4869
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Full Text of HB4869  98th General Assembly


Rep. Brian W. Stewart

Filed: 4/8/2014





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2    AMENDMENT NO. ______. Amend House Bill 4869 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 5-501 as follows:
6    (705 ILCS 405/5-501)
7    Sec. 5-501. Detention or shelter care hearing. At the
8appearance of the minor before the court at the detention or
9shelter care hearing, the court shall receive all relevant
10information and evidence, including affidavits concerning the
11allegations made in the petition. Evidence used by the court in
12its findings or stated in or offered in connection with this
13Section may be by way of proffer based on reliable information
14offered by the State or minor. All evidence shall be admissible
15if it is relevant and reliable regardless of whether it would
16be admissible under the rules of evidence applicable at a



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1trial. No hearing may be held unless the minor is represented
2by counsel and no hearing shall be held until the minor has had
3adequate opportunity to consult with counsel.
4    (1) If the court finds that there is not probable cause to
5believe that the minor is a delinquent minor it shall release
6the minor and dismiss the petition.
7    (2) If the court finds that there is probable cause to
8believe that the minor is a delinquent minor, the minor, his or
9her parent, guardian, custodian and other persons able to give
10relevant testimony may be examined before the court. The court
11may also consider any evidence by way of proffer based upon
12reliable information offered by the State or the minor. All
13evidence, including affidavits, shall be admissible if it is
14relevant and reliable regardless of whether it would be
15admissible under the rules of evidence applicable at trial.
16After such evidence is presented, the court may enter an order
17that the minor shall be released upon the request of a parent,
18guardian or legal custodian if the parent, guardian or
19custodian appears to take custody.
20    If the court finds that it is a matter of immediate and
21urgent necessity for the protection of the minor or of the
22person or property of another that the minor be detained or
23placed in a shelter care facility or that he or she is likely
24to flee the jurisdiction of the court, the court may prescribe
25detention or shelter care and order that the minor be kept in a
26suitable place designated by the court or in a shelter care



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1facility designated by the Department of Children and Family
2Services or a licensed child welfare agency; otherwise it shall
3release the minor from custody. If the court prescribes shelter
4care, then in placing the minor, the Department or other agency
5shall, to the extent compatible with the court's order, comply
6with Section 7 of the Children and Family Services Act. In
7making the determination of the existence of immediate and
8urgent necessity, the court shall consider among other matters:
9(a) the nature and seriousness of the alleged offense; (b) the
10minor's record of delinquency offenses, including whether the
11minor has delinquency cases pending; (c) the minor's record of
12willful failure to appear following the issuance of a summons
13or warrant; (d) the availability of non-custodial
14alternatives, including the presence of a parent, guardian or
15other responsible relative able and willing to provide
16supervision and care for the minor and to assure his or her
17compliance with a summons. If the minor is ordered placed in a
18shelter care facility of a licensed child welfare agency, the
19court shall, upon request of the agency, appoint the
20appropriate agency executive temporary custodian of the minor
21and the court may enter such other orders related to the
22temporary custody of the minor as it deems fit and proper.
23    The order together with the court's findings of fact in
24support of the order shall be entered of record in the court.
25    Once the court finds that it is a matter of immediate and
26urgent necessity for the protection of the minor that the minor



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1be placed in a shelter care facility, the minor shall not be
2returned to the parent, custodian or guardian until the court
3finds that the placement is no longer necessary for the
4protection of the minor.
5    (3) Only when there is reasonable cause to believe that the
6minor taken into custody is a delinquent minor may the minor be
7kept or detained in a facility authorized for juvenile
8detention. This Section shall in no way be construed to limit
9subsection (4).
10    (4) Minors 12 years of age or older must be kept separate
11from confined adults and may not at any time be kept in the
12same cell, room or yard with confined adults. This paragraph
14        (a) shall only apply to confinement pending an
15    adjudicatory hearing and shall not exceed 40 hours,
16    excluding Saturdays, Sundays, and court designated
17    holidays. To accept or hold minors during this time period,
18    county jails shall comply with all monitoring standards for
19    juvenile detention homes promulgated by the Department of
20    Corrections and training standards approved by the
21    Illinois Law Enforcement Training Standards Board.
22        (b) To accept or hold minors, 12 years of age or older,
23    after the time period prescribed in clause (a) of
24    subsection (4) of this Section but not exceeding 7 days
25    including Saturdays, Sundays, and holidays, pending an
26    adjudicatory hearing, county jails shall comply with all



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1    temporary detention standards promulgated by the
2    Department of Corrections and training standards approved
3    by the Illinois Law Enforcement Training Standards Board.
4        (c) To accept or hold minors 12 years of age or older,
5    after the time period prescribed in clause (a) and (b), of
6    this subsection county jails shall comply with all
7    programmatic and training standards for juvenile detention
8    homes promulgated by the Department of Corrections.
9    (5) If the minor is not brought before a judicial officer
10within the time period as specified in Section 5-415 the minor
11must immediately be released from custody.
12    (6) If neither the parent, guardian or legal custodian
13appears within 24 hours to take custody of a minor released
14from detention or shelter care, then the clerk of the court
15shall set the matter for rehearing not later than 7 days after
16the original order and shall issue a summons directed to the
17parent, guardian or legal custodian to appear. At the same time
18the probation department shall prepare a report on the minor.
19If a parent, guardian or legal custodian does not appear at
20such rehearing, the judge may enter an order prescribing that
21the minor be kept in a suitable place designated by the
22Department of Human Services or a licensed child welfare
23agency. The time during which a minor is in custody after being
24released upon the request of a parent, guardian or legal
25custodian shall be considered as time spent in detention for
26purposes of scheduling the trial.



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1    (7) Any party, including the State, the temporary
2custodian, an agency providing services to the minor or family
3under a service plan pursuant to Section 8.2 of the Abused and
4Neglected Child Reporting Act, foster parent, or any of their
5representatives, may file a motion to modify or vacate a
6temporary custody order or vacate a detention or shelter care
7order on any of the following grounds:
8        (a) It is no longer a matter of immediate and urgent
9    necessity that the minor remain in detention or shelter
10    care; or
11        (b) There is a material change in the circumstances of
12    the natural family from which the minor was removed; or
13        (c) A person, including a parent, relative or legal
14    guardian, is capable of assuming temporary custody of the
15    minor; or
16        (d) Services provided by the Department of Children and
17    Family Services or a child welfare agency or other service
18    provider have been successful in eliminating the need for
19    temporary custody.
20    The clerk shall set the matter for hearing not later than
2114 days after such motion is filed. In the event that the court
22modifies or vacates a temporary order but does not vacate its
23finding of probable cause, the court may order that appropriate
24services be continued or initiated in behalf of the minor and
25his or her family.
26    (8) Whenever a petition has been filed under Section 5-520



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1the court can, at any time prior to trial or sentencing, order
2that the minor be placed in detention or a shelter care
3facility after the court conducts a hearing and finds that the
4conduct and behavior of the minor may endanger the health,
5person, welfare, or property of himself or others or that the
6circumstances of his or her home environment may endanger his
7or her health, person, welfare or property.
8    (9) Whenever the appearance in person in court, in either a
9detention or shelter care hearing, is required of a minor held
10in a place of custody or confinement operated by the State, the
11court may permit the personal appearance of the minor to be
12made by means of two-way audio-visual communication, including
13closed circuit television or computerized video conference.
14The two-way audio-visual communication facilities must provide
15two-way audio-visual communication between the court and the
16place of custody or confinement, and must include a secure line
17over which the minor in custody and his or her counsel, may
19(Source: P.A. 95-846, eff. 1-1-09.)".