Full Text of HB3767 102nd General Assembly
HB3767ham001 102ND GENERAL ASSEMBLY | Rep. Robyn Gabel Filed: 4/15/2021
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| 1 | | AMENDMENT TO HOUSE BILL 3767
| 2 | | AMENDMENT NO. ______. Amend House Bill 3767, on page 4, by | 3 | | replacing line 3 through line 20 with the following:
| 4 | | "(2)(a) On and after July 1, 2021, except for paragraphs | 5 | | (a-1) and (a-2) of this subsection (2), any minor 13 years of | 6 | | age or older arrested under this Act where there is probable | 7 | | cause to believe that the minor is a delinquent minor and that | 8 | | secure custody is a matter of immediate and urgent necessity | 9 | | in light of a serious threat to the physical safety of a person | 10 | | or persons in the community or to secure the presence of the | 11 | | minor at the next hearing, as evidenced by a demonstrable | 12 | | record of willful failure to appear at a scheduled court | 13 | | hearing within the last 12 months, may be kept or detained in | 14 | | an authorized detention facility. Any minor 10 years of age or | 15 | | older arrested pursuant to this Act where there is probable | 16 | | cause to believe that the minor is a delinquent minor and that | 17 | | (i) secure custody is a matter of immediate and urgent | 18 | | necessity for the protection of the minor or of the person or |
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| 1 | | property of another, (ii) the minor is likely to flee the | 2 | | jurisdiction of the court, or (iii) the minor was taken into | 3 | | custody under a warrant, may be kept or detained in an | 4 | | authorized detention facility. A minor under 13 years of age | 5 | | shall not be admitted, kept, or detained in a detention | 6 | | facility unless a local youth service provider, including a | 7 | | provider through the Comprehensive Community Based Youth | 8 | | Services network, has been contacted and has not been able to | 9 | | accept the minor. No minor under 12 years of age shall be | 10 | | detained in a county jail or a municipal lockup for more than 6 | 11 | | hours. | 12 | | (a-1) Until July 1, 2022, any minor 11 years of age or | 13 | | older arrested under this Act where there is probable cause to | 14 | | believe that the minor is a delinquent minor and that secure | 15 | | custody is a matter of immediate and urgent necessity in light | 16 | | of a serious threat to the physical safety of a person or | 17 | | persons in the community or to secure the presence of the minor | 18 | | at the next hearing, as evidenced by a demonstrable record of | 19 | | willful failure to appear at a scheduled court hearing within | 20 | | the last 12 months, may be kept or detained in an authorized | 21 | | detention facility. Prior to July 1, 2022, a minor aged 11 | 22 | | years old shall not be detained unless appropriate local | 23 | | service providers, such as crisis intervention services | 24 | | through Comprehensive Community Based Youth Services Network | 25 | | or a local behavioral health service, have been contacted and | 26 | | given an opportunity to develop an alternative to detention. |
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| 1 | | Until July 1, 2022, probation shall document and share on a | 2 | | monthly basis with the Illinois Juvenile Justice Commission | 3 | | each instance when alternatives to detention fail for a minor | 4 | | aged 11, including the basis for detention, the providers that | 5 | | were contacted, and the reason alternatives were rejected. | 6 | | (a-2) Until July 1, 2023, any minor 12 years of age or | 7 | | older arrested under this Act where there is probable cause to | 8 | | believe that the minor is a delinquent minor and that secure | 9 | | custody is a matter of immediate and urgent necessity in light | 10 | | of a serious threat to the physical safety of a person or | 11 | | persons in the community or to secure the presence of the minor | 12 | | at the next hearing, as evidenced by a demonstrable record of | 13 | | willful failure to appear at a scheduled court hearing within | 14 | | the last 12 months, may be kept or detained in an authorized | 15 | | detention facility. Prior to July 1, 2023, a minor aged 12 | 16 | | years old shall not be detained unless appropriate local | 17 | | service providers, such as crisis intervention services | 18 | | through Comprehensive Community Based Youth Services Network | 19 | | or a local behavioral health service, have been contacted and | 20 | | given an opportunity to develop an alternative to detention. | 21 | | Until July 1, 2023, probation shall document and share on a | 22 | | monthly basis with the Illinois Juvenile Justice Commission | 23 | | each instance when alternatives to detention fail for a minor | 24 | | aged 12, including the basis for detention, the providers that | 25 | | were contacted, and the reason alternatives were rejected. ".
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