Rep. Robyn Gabel

Filed: 3/10/2015





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2    AMENDMENT NO. ______. Amend House Bill 2567 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 5-410 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



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1protection of the minor or of the person or property of
2another, (ii) the minor is likely to flee the jurisdiction of
3the court, or (iii) the minor was taken into custody under a
4warrant, may be kept or detained in an authorized detention
5facility. A minor under 13 years of age shall not be admitted,
6kept, or detained in a detention facility unless a local youth
7service provider, including a provider through the
8Comprehensive Community Based Youth Services network, has been
9contacted and has not been able to accept the minor. No minor
10under 12 years of age shall be detained in a county jail or a
11municipal lockup for more than 6 hours.
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 subsection (b-5) shall
22not be applicable if the probation officer or detention officer
23(or other public officer designated by the court in a county
24having 3,000,000 or more inhabitants) utilizes a scorable
25detention screening instrument, which has been developed with
26input by the State's Attorney, to determine whether a minor



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1should be detained, however, subsection (b-5) shall still be
2applicable where no such screening instrument is used or where
3the probation officer, detention officer (or other public
4officer designated by the court in a county having 3,000,000 or
5more inhabitants) deviates from the screening instrument.
6    (b-5) Subject to the provisions of subsection (b-4), if a
7probation officer or detention officer (or other public officer
8designated by the court in a county having 3,000,000 or more
9inhabitants) does not intend to detain a minor for an offense
10which constitutes one of the following offenses he or she shall
11consult with the State's Attorney's Office prior to the release
12of the minor: first degree murder, second degree murder,
13involuntary manslaughter, criminal sexual assault, aggravated
14criminal sexual assault, aggravated battery with a firearm as
15described in Section 12-4.2 or subdivision (e)(1), (e)(2),
16(e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous
17battery involving permanent disability or disfigurement or
18great bodily harm, robbery, aggravated robbery, armed robbery,
19vehicular hijacking, aggravated vehicular hijacking, vehicular
20invasion, arson, aggravated arson, kidnapping, aggravated
21kidnapping, home invasion, burglary, or residential burglary.
22    (c) Except as otherwise provided in paragraph (a), (d), or
23(e), no minor shall be detained in a county jail or municipal
24lockup for more than 12 hours, unless the offense is a crime of
25violence in which case the minor may be detained up to 24
26hours. For the purpose of this paragraph, "crime of violence"



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1has the meaning ascribed to it in Section 1-10 of the
2Alcoholism and Other Drug Abuse and Dependency Act.
3        (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.
9        (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.
12        (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.
16        (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.
20        (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 18 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
26    adults confined pursuant to criminal law. Persons 18 years



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1    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 18 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:
7            (A) The age of the person;
8            (B) Any previous delinquent or criminal history of
9        the person;
10            (C) Any previous abuse or neglect history of the
11        person; and
12            (D) Any mental health or educational history of the
13        person, or both.
14    (d) (i) If a minor 12 years of age or older is confined in a
15county jail in a county with a population below 3,000,000
16inhabitants, then the minor's confinement shall be implemented
17in such a manner that there will be no contact by sight, sound
18or otherwise between the minor and adult prisoners. Minors 12
19years of age or older must be kept separate from confined
20adults and may not at any time be kept in the same cell, room,
21or yard with confined adults. This paragraph (d)(i) shall only
22apply to confinement pending an adjudicatory hearing and shall
23not exceed 40 hours, excluding Saturdays, Sundays and court
24designated holidays. To accept or hold minors during this time
25period, county jails shall comply with all monitoring standards
26adopted by the Department of Corrections and training standards



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



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1officer. During such time as is necessary to conduct a lineup,
2and while supervised by a juvenile police officer, the sight
3and sound separation provisions shall not apply.
4    (g) For purposes of processing a minor, the minor may be
5taken to a County Jail or municipal lockup under the direct and
6constant supervision of a law enforcement officer or
7correctional officer. During such time as is necessary to
8process the minor, and while supervised by a law enforcement
9officer or correctional officer, the sight and sound separation
10provisions shall not apply.
11    (3) If the probation officer or State's Attorney (or such
12other public officer designated by the court in a county having
133,000,000 or more inhabitants) determines that the minor may be
14a delinquent minor as described in subsection (3) of Section
155-105, and should be retained in custody but does not require
16physical restriction, the minor may be placed in non-secure
17custody for up to 40 hours pending a detention hearing.
18    (4) Any minor taken into temporary custody, not requiring
19secure detention, may, however, be detained in the home of his
20or her parent or guardian subject to such conditions as the
21court may impose.
22    (5) The changes made to this Section by Public Act 98-61
23apply to a minor who has been arrested or taken into custody on
24or after January 1, 2014 (the effective date of Public Act
26(Source: P.A. 98-61, eff. 1-1-14; 98-685, eff. 1-1-15; 98-756,



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1eff. 7-16-14.)".