Full Text of HB4473 100th General Assembly
HB4473 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4473 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED: |
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Amends the Juvenile Court Act of 1987. Provides that the decision to place a minor alleged to be a delinquent minor in detention shall be a last resort and for as short of a time period as possible. Provides that a review of the decision to detain a minor alleged to be a delinquent minor shall be held as soon as possible. Provides that unless sooner released, a minor alleged to be a delinquent minor taken into temporary custody must be brought before a judicial officer as soon as possible but in no event later than 24 hours including weekends and holidays for a detention or shelter care hearing to determine whether he or she shall be further held in custody (rather than within 40 hours exclusive of Saturdays, Sundays, and court-designated holidays). Makes conforming changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Section 5-415 as follows:
| 6 | | (705 ILCS 405/5-415)
| 7 | | Sec. 5-415. Setting of detention or shelter care hearing; | 8 | | release.
| 9 | | (1) The decision to place a minor alleged to be a | 10 | | delinquent minor in detention shall be a last resort and for as | 11 | | short of a time period as possible. A review of the decision to | 12 | | detain a minor alleged to be a delinquent minor shall be held | 13 | | as soon as possible. Unless sooner released, a minor alleged to | 14 | | be a delinquent minor taken
into temporary custody must be | 15 | | brought before a judicial officer as soon as possible but in no | 16 | | event later than 24 hours including weekends and holidays | 17 | | within 40
hours for a detention or shelter care hearing to | 18 | | determine whether he or she
shall be
further held in custody. | 19 | | If a minor alleged to be a delinquent minor taken into
custody | 20 | | is hospitalized or is receiving treatment for a physical or | 21 | | mental
condition, and is unable to be brought before a judicial | 22 | | officer for a
detention or shelter care hearing, the time 40 | 23 | | hour period will not commence until
the minor is released from |
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| 1 | | the hospital or place of treatment. If the minor
gives false | 2 | | information to law enforcement officials regarding the minor's
| 3 | | identity or age, the time 40 hour period will not commence | 4 | | until the court rules
that the minor is subject to this Act and | 5 | | not subject to prosecution under the
Criminal Code of 1961 or | 6 | | the Criminal Code of 2012. Any
other delay attributable to a | 7 | | minor alleged to be a delinquent minor who is
taken into | 8 | | temporary custody shall act to toll the 40 hour time period. | 9 | | The 40 hour time period shall be tolled to allow counsel for | 10 | | the minor to prepare for the detention or shelter care hearing, | 11 | | upon a motion filed by such counsel and granted by the court. | 12 | | In all
cases, the 40 hour time period is exclusive of | 13 | | Saturdays, Sundays and
court-designated holidays.
| 14 | | (2) If the State's Attorney or probation officer (or other | 15 | | public
officer designated by the court in a county having more | 16 | | than 3,000,000
inhabitants) determines that the minor should be | 17 | | retained in custody, he or she
shall
cause a petition to be | 18 | | filed as provided in Section 5-520 of this Article, and
the | 19 | | clerk of the court shall set the matter for hearing on the | 20 | | detention or
shelter care hearing calendar. Immediately upon | 21 | | the filing of a petition in the case of a minor retained in | 22 | | custody, the court shall cause counsel to be appointed to | 23 | | represent the minor. When a parent, legal guardian, custodian, | 24 | | or
responsible relative is present and so requests, the | 25 | | detention or shelter care
hearing shall be held immediately if | 26 | | the court is in session
and the State is ready to proceed, |
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| 1 | | otherwise at the earliest feasible time.
In no event shall a | 2 | | detention or shelter care hearing be held until the minor has | 3 | | had adequate opportunity to consult with counsel. The probation | 4 | | officer or such other public officer designated by the court in | 5 | | a
county having more than 3,000,000 inhabitants shall notify | 6 | | the minor's parent,
legal guardian, custodian, or responsible | 7 | | relative of the time and place of the
hearing. The notice may | 8 | | be given orally.
| 9 | | (3) The minor must be released from custody at the | 10 | | expiration of the time 40
hour period specified by this Section | 11 | | if not brought before a judicial officer
within that period.
| 12 | | (4) After the initial time 40 hour period has lapsed, the | 13 | | court may review the
minor's custodial status at any time prior | 14 | | to the trial or sentencing
hearing. If during this time period | 15 | | new or additional information becomes
available concerning the | 16 | | minor's conduct, the court may conduct a hearing to
determine | 17 | | whether the minor should be placed in a detention or shelter | 18 | | care
facility. If the court finds that there is probable cause | 19 | | that the minor is a
delinquent minor and that it is a matter of | 20 | | immediate and urgent necessity for
the protection of the minor | 21 | | or of the person or property of another, or that he
or she is | 22 | | likely to flee the jurisdiction of the court, the court may | 23 | | order
that the minor be placed in detention or shelter care.
| 24 | | (Source: P.A. 97-1150, eff. 1-25-13.)
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