Full Text of HB2604 94th General Assembly
HB2604eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning courts.
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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 Juvenile Court Act of 1987 is amended by | 5 |
| 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 | 9 |
| this Act who
requires care away from his or her home but who | 10 |
| does not require physical
restriction shall be given temporary | 11 |
| care in a foster family home or other
shelter facility | 12 |
| 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 | 15 |
| that the minor
is a delinquent minor and that
(i) secured | 16 |
| 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 | 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 17
12 years of age shall be detained | 22 |
| in a
county jail or a municipal lockup for more than 6 hours.
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| (b) The written authorization of the probation officer or | 24 |
| detention officer
(or other public officer designated by the | 25 |
| 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,
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| 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 records | 31 |
| as provided in Section 5-905.
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| (b-4) The consultation required by subsection (b-5) shall |
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| not be applicable
if the probation officer or detention officer | 2 |
| (or other public officer
designated
by the court in a
county | 3 |
| having 3,000,000 or more inhabitants) utilizes a scorable | 4 |
| detention
screening instrument, which has been developed with | 5 |
| input by the State's
Attorney, to
determine whether a minor | 6 |
| should be detained, however, subsection (b-5) shall
still be | 7 |
| applicable where no such screening instrument is used or where | 8 |
| the
probation officer, detention officer (or other public | 9 |
| officer designated by the
court in a county
having 3,000,000 or | 10 |
| more inhabitants) deviates from the screening instrument.
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| (b-5) Subject to the provisions of subsection (b-4), if a | 12 |
| probation officer
or detention officer
(or other public officer | 13 |
| designated by
the court in a county having 3,000,000 or more | 14 |
| inhabitants) does not intend to
detain a minor for an offense | 15 |
| which constitutes one of the following offenses
he or she shall | 16 |
| 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, | 18 |
| involuntary
manslaughter, criminal sexual assault, aggravated | 19 |
| criminal sexual assault,
aggravated battery with a firearm, | 20 |
| aggravated or heinous battery involving
permanent disability | 21 |
| or disfigurement or great bodily harm, robbery, aggravated
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| robbery, armed robbery, vehicular hijacking, aggravated | 23 |
| vehicular hijacking,
vehicular invasion, arson, aggravated | 24 |
| arson, kidnapping, aggravated kidnapping,
home invasion, | 25 |
| burglary, or residential burglary.
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| (c) Except as otherwise provided in paragraph (a), (d), or | 27 |
| (e), no minor
shall
be detained in a county jail or municipal | 28 |
| lockup for more than 12 hours, unless
the offense is a crime of | 29 |
| violence in which case the minor may be detained up
to 24 | 30 |
| hours. For the purpose of this paragraph, "crime of violence" | 31 |
| has the
meaning
ascribed to it in Section 1-10 of the | 32 |
| Alcoholism and Other Drug Abuse and
Dependency Act.
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| (i) The
period of detention is deemed to have begun | 34 |
| once the minor has been placed in a
locked room or cell or | 35 |
| handcuffed to a stationary object in a building housing
a | 36 |
| county jail or municipal lockup. Time spent transporting a |
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| minor is not
considered to be time in detention or secure | 2 |
| custody.
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| (ii) Any minor so
confined shall be under periodic | 4 |
| supervision and shall not be permitted to come
into or | 5 |
| remain in contact with adults in custody in the building.
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| (iii) Upon
placement in secure custody in a jail or | 7 |
| lockup, the
minor shall be informed of the purpose of the | 8 |
| detention, the time it is
expected to last and the fact | 9 |
| 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 | 11 |
| is the basis for the detention, the
reasons and | 12 |
| circumstances for the decision to detain and the length of | 13 |
| time the
minor was in detention.
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| (v) Violation of the time limit on detention
in a | 15 |
| county jail or municipal lockup shall not, in and of | 16 |
| itself, render
inadmissible evidence obtained as a result | 17 |
| of the violation of this
time limit. Minors under 17 years | 18 |
| of age shall be kept separate from confined
adults and may | 19 |
| 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 | 21 |
| of age and older
who have a petition of delinquency filed | 22 |
| against them may be
confined in an
adult detention | 23 |
| facility.
In making a determination whether to confine a | 24 |
| person 17 years of age or
older
who has a petition of | 25 |
| delinquency filed against the person, these factors,
among | 26 |
| 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 | 29 |
| the person;
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| (C) Any previous abuse or neglect history of the | 31 |
| person; and
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| (D) Any mental health or educational history of the | 33 |
| person, or both.
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| (d) (Blank).
(i) If a minor 12 years of age or older is | 35 |
| confined in a county jail
in a
county with a population below | 36 |
| 3,000,000 inhabitants, then the minor's
confinement shall be |
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| implemented in such a manner that there will be no contact
by | 2 |
| sight, sound or otherwise between the minor and adult | 3 |
| prisoners. Minors
12 years of age or older must be kept | 4 |
| separate from confined adults and may not
at any time
be kept | 5 |
| in the same cell, room, or yard with confined adults. This | 6 |
| paragraph
(d)(i) shall only apply to confinement pending an | 7 |
| adjudicatory hearing and
shall not exceed 40 hours, excluding | 8 |
| Saturdays, Sundays and court designated
holidays. To accept or | 9 |
| hold minors during this time period, county jails shall
comply | 10 |
| with all monitoring standards promulgated by the Department of
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| Corrections and training standards approved by the Illinois Law | 12 |
| Enforcement
Training Standards Board.
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| (ii) To accept or hold minors, 12 years of age or older, | 14 |
| after the time
period
prescribed in paragraph (d)(i) of this | 15 |
| subsection (2) of this Section but not
exceeding 7 days | 16 |
| including Saturdays, Sundays and holidays pending an
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| adjudicatory hearing, county jails shall comply with all | 18 |
| temporary detention
standards promulgated by the Department of | 19 |
| Corrections and training standards
approved by the Illinois Law | 20 |
| Enforcement Training Standards Board.
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| (iii) To accept or hold minors 12 years of age or older, | 22 |
| after the time
period prescribed in paragraphs (d)(i) and | 23 |
| (d)(ii) of this subsection (2) of
this
Section, county jails | 24 |
| shall comply with all programmatic and training standards
for | 25 |
| juvenile detention homes promulgated by the Department of | 26 |
| Corrections.
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| (e) When a minor who is at least 15 years of age is | 28 |
| prosecuted under the
criminal laws of this State,
the court may | 29 |
| enter an order directing that the juvenile be confined
in the | 30 |
| county jail. However, any juvenile confined in the county jail | 31 |
| under
this provision shall be separated from adults who are | 32 |
| confined in the county
jail in such a manner that there will be | 33 |
| no contact by sight, sound or
otherwise between the juvenile | 34 |
| and adult prisoners.
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| (f) For purposes of appearing in a physical lineup, the | 36 |
| 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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