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Public Act 102-0654


 

Public Act 0654 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0654
 
SB2370 EnrolledLRB102 14304 KMF 19656 b

    AN ACT concerning courts.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. Findings.
    The General Assembly finds that an adequate continuum of
care is necessary to better address the needs of juveniles
within the court system.
    The General Assembly finds that the unique partnership of
State and local services is needed to provide the right
placements, and the right services for justice-involved
juveniles.
    The General Assembly finds that providing juveniles that
are youth in care of the State and in the care or recently in
the care of the Department of Children and Family Services,
should be receiving a continuum of care and services, even
when the juvenile unfortunately becomes involved with the
juvenile justice system.
    Therefore, the General Assembly recommends that juveniles
that are youth in care of the State and in the care or recently
in the care of the Department of Children and Family Services
shall not have their services interrupted or be left
unnecessarily in juvenile detention centers.
 
    Section 10. The Juvenile Court Act of 1987 is amended by
changing Section 5-501 as follows:
 
    (705 ILCS 405/5-501)
    Sec. 5-501. Detention or shelter care hearing. At the
appearance of the minor before the court at the detention or
shelter care hearing, the court shall receive all relevant
information and evidence, including affidavits concerning the
allegations made in the petition. Evidence used by the court
in its findings or stated in or offered in connection with this
Section may be by way of proffer based on reliable information
offered by the State or minor. All evidence shall be
admissible if it is relevant and reliable regardless of
whether it would be admissible under the rules of evidence
applicable at a trial. No hearing may be held unless the minor
is represented by counsel and no hearing shall be held until
the minor has had adequate opportunity to consult with
counsel.
    (1) If the court finds that there is not probable cause to
believe that the minor is a delinquent minor it shall release
the minor and dismiss the petition.
    (2) If the court finds that there is probable cause to
believe that the minor is a delinquent minor, the minor, his or
her parent, guardian, custodian and other persons able to give
relevant testimony may be examined before the court. The court
may also consider any evidence by way of proffer based upon
reliable information offered by the State or the minor. All
evidence, including affidavits, shall be admissible if it is
relevant and reliable regardless of whether it would be
admissible under the rules of evidence applicable at trial.
After such evidence is presented, the court may enter an order
that the minor shall be released upon the request of a parent,
guardian or legal custodian if the parent, guardian or
custodian appears to take custody.
    If the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor or of the
person or property of another that the minor be detained or
placed in a shelter care facility or that he or she is likely
to flee the jurisdiction of the court, the court may prescribe
detention or shelter care and order that the minor be kept in a
suitable place designated by the court or in a shelter care
facility designated by the Department of Children and Family
Services or a licensed child welfare agency; otherwise it
shall release the minor from custody. If the court prescribes
shelter care, then in placing the minor, the Department or
other agency shall, to the extent compatible with the court's
order, comply with Section 7 of the Children and Family
Services Act. In making the determination of the existence of
immediate and urgent necessity, the court shall consider among
other matters: (a) the nature and seriousness of the alleged
offense; (b) the minor's record of delinquency offenses,
including whether the minor has delinquency cases pending; (c)
the minor's record of willful failure to appear following the
issuance of a summons or warrant; (d) the availability of
non-custodial alternatives, including the presence of a
parent, guardian or other responsible relative able and
willing to provide supervision and care for the minor and to
assure his or her compliance with a summons. If the minor is
ordered placed in a shelter care facility of a licensed child
welfare agency, the court shall, upon request of the agency,
appoint the appropriate agency executive temporary custodian
of the minor and the court may enter such other orders related
to the temporary custody of the minor as it deems fit and
proper.
    If the Court prescribes detention, and the minor is a
youth in care of the Department of Children and Family
Services, a hearing shall be held every 14 days to determine
whether there is an urgent and immediate necessity to detain
the minor for the protection of the person or property of
another. If urgent and immediate necessity is not found on the
basis of the protection of the person or property of another,
the minor shall be released to the custody of the Department of
Children and Family Services. If the Court prescribes
detention based on the minor being likely to flee the
jurisdiction, and the minor is a youth in care of the
Department of Children and Family Services, a hearing shall be
held every 7 days for status on the location of shelter care
placement by the Department of Children and Family Services.
Detention shall not be used as a shelter care placement for
minors in the custody or guardianship of the Department of
Children and Family Services.
    The order together with the court's findings of fact in
support of the order shall be entered of record in the court.
    Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the
minor be placed in a shelter care facility, the minor shall not
be returned to the parent, custodian or guardian until the
court finds that the placement is no longer necessary for the
protection of the minor.
    (3) Only when there is reasonable cause to believe that
the minor taken into custody is a delinquent minor may the
minor be kept or detained in a facility authorized for
juvenile detention. This Section shall in no way be construed
to limit subsection (4).
    (4) Minors 12 years of age or older must be kept separate
from confined adults and may not at any time be kept in the
same cell, room or yard with confined adults. This paragraph
(4):
        (a) shall only apply to confinement pending an
    adjudicatory hearing and shall not exceed 40 hours,
    excluding Saturdays, Sundays, and court designated
    holidays. To accept or hold minors during this time
    period, county jails shall comply with all monitoring
    standards adopted by the Department of Corrections and
    training standards approved by the Illinois Law
    Enforcement Training Standards Board.
        (b) To accept or hold minors, 12 years of age or older,
    after the time period prescribed in clause (a) of
    subsection (4) of this Section but not exceeding 7 days
    including Saturdays, Sundays, and holidays, pending an
    adjudicatory hearing, county jails shall comply with all
    temporary detention standards adopted by the Department of
    Corrections and training standards approved by the
    Illinois Law Enforcement Training Standards Board.
        (c) To accept or hold minors 12 years of age or older,
    after the time period prescribed in clause (a) and (b), of
    this subsection county jails shall comply with all county
    juvenile detention standards adopted by the Department of
    Juvenile Justice.
    (5) If the minor is not brought before a judicial officer
within the time period as specified in Section 5-415 the minor
must immediately be released from custody.
    (6) If neither the parent, guardian or legal custodian
appears within 24 hours to take custody of a minor released
from detention or shelter care, then the clerk of the court
shall set the matter for rehearing not later than 7 days after
the original order and shall issue a summons directed to the
parent, guardian or legal custodian to appear. At the same
time the probation department shall prepare a report on the
minor. If a parent, guardian or legal custodian does not
appear at such rehearing, the judge may enter an order
prescribing that the minor be kept in a suitable place
designated by the Department of Human Services or a licensed
child welfare agency. The time during which a minor is in
custody after being released upon the request of a parent,
guardian or legal custodian shall be considered as time spent
in detention for purposes of scheduling the trial.
    (7) Any party, including the State, the temporary
custodian, an agency providing services to the minor or family
under a service plan pursuant to Section 8.2 of the Abused and
Neglected Child Reporting Act, foster parent, or any of their
representatives, may file a motion to modify or vacate a
temporary custody order or vacate a detention or shelter care
order on any of the following grounds:
        (a) It is no longer a matter of immediate and urgent
    necessity that the minor remain in detention or shelter
    care; or
        (b) There is a material change in the circumstances of
    the natural family from which the minor was removed; or
        (c) A person, including a parent, relative or legal
    guardian, is capable of assuming temporary custody of the
    minor; or
        (d) Services provided by the Department of Children
    and Family Services or a child welfare agency or other
    service provider have been successful in eliminating the
    need for temporary custody.
    The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the court
modifies or vacates a temporary order but does not vacate its
finding of probable cause, the court may order that
appropriate services be continued or initiated in behalf of
the minor and his or her family.
    (8) Whenever a petition has been filed under Section 5-520
the court can, at any time prior to trial or sentencing, order
that the minor be placed in detention or a shelter care
facility after the court conducts a hearing and finds that the
conduct and behavior of the minor may endanger the health,
person, welfare, or property of himself or others or that the
circumstances of his or her home environment may endanger his
or her health, person, welfare or property.
(Source: P.A. 98-685, eff. 1-1-15.)
 
    Section 99. Effective date. This Act takes effect January
1, 2023.

Effective Date: 1/1/2023