98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB5700

Introduced , by Rep. Mike Smiddy

SYNOPSIS AS INTRODUCED:

705 ILCS 405/5-410

Amends the Juvenile Court Act of 1987. Provides that persons 18 years

of age and older
who have a petition of delinquency filed against them

shall (rather than may) be
confined in an
adult detention facility.

Provides that a person who is 18 years of age or older who has been adjudicated a delinquent minor and who has violated the terms or conditions of his or her juvenile parole or aftercare release and is being tried as an adult for violating the terms or conditions of his or her juvenile parole or aftercare release may not be confined in a juvenile detention facility.

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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 5-410 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

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.

13 (2) (a) Any minor 10 years of age or older arrested

14 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

17 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 12 years of age shall be detained in a

22 county jail or a municipal lockup for more than 6 hours.

23 (b) The written authorization of the probation officer or

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1 detention officer (or other public officer designated by the

2 court in a county having 3,000,000 or more inhabitants)

3 constitutes authority for the superintendent of any juvenile

4 detention home to detain and keep a minor for up to 40 hours,

5 excluding Saturdays, Sundays and court-designated holidays.

6 These records shall be available to the same persons and

7 pursuant to the same conditions as are law enforcement records

8 as provided in Section 5-905.

9 (b-4) The consultation required by subsection (b-5) shall

10 not be applicable if the probation officer or detention officer

11 (or other public officer designated by the court in a county

12 having 3,000,000 or more inhabitants) utilizes a scorable

13 detention screening instrument, which has been developed with

14 input by the State's Attorney, to determine whether a minor

15 should be detained, however, subsection (b-5) shall still be

16 applicable where no such screening instrument is used or where

17 the probation officer, detention officer (or other public

18 officer designated by the court in a county having 3,000,000 or

19 more inhabitants) deviates from the screening instrument.

20 (b-5) Subject to the provisions of subsection (b-4), if a

21 probation officer or detention officer (or other public officer

22 designated by the court in a county having 3,000,000 or more

23 inhabitants) does not intend to detain a minor for an offense

24 which constitutes one of the following offenses he or she shall

25 consult with the State's Attorney's Office prior to the release

26 of the minor: first degree murder, second degree murder,

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1 involuntary manslaughter, criminal sexual assault, aggravated

2 criminal sexual assault, aggravated battery with a firearm as

3 described in Section 12-4.2 or subdivision (e)(1), (e)(2),

4 (e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous

5 battery involving permanent disability or disfigurement or

6 great bodily harm, robbery, aggravated robbery, armed robbery,

7 vehicular hijacking, aggravated vehicular hijacking, vehicular

8 invasion, arson, aggravated arson, kidnapping, aggravated

9 kidnapping, home invasion, burglary, or residential burglary.

10 (c) Except as otherwise provided in paragraph (a), (d), or

11 (e), no minor shall be detained in a county jail or municipal

12 lockup for more than 12 hours, unless the offense is a crime of

13 violence in which case the minor may be detained up to 24

14 hours. For the purpose of this paragraph, "crime of violence"

15 has the meaning ascribed to it in Section 1-10 of the

16 Alcoholism and Other Drug Abuse and Dependency Act.

17 (i) The period of detention is deemed to have begun

18 once the minor has been placed in a locked room or cell or

19 handcuffed to a stationary object in a building housing a

20 county jail or municipal lockup. Time spent transporting a

21 minor is not considered to be time in detention or secure

22 custody.

23 (ii) Any minor so confined shall be under periodic

24 supervision and shall not be permitted to come into or

25 remain in contact with adults in custody in the building.

26 (iii) Upon placement in secure custody in a jail or

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1 lockup, the minor shall be informed of the purpose of the

2 detention, the time it is expected to last and the fact

3 that it cannot exceed the time specified under this Act.

4 (iv) A log shall be kept which shows the offense which

5 is the basis for the detention, the reasons and

6 circumstances for the decision to detain and the length of

7 time the minor was in detention.

8 (v) Violation of the time limit on detention in a

9 county jail or municipal lockup shall not, in and of

10 itself, render inadmissible evidence obtained as a result

11 of the violation of this time limit. Minors under 18 years

12 of age shall be kept separate from confined adults and may

13 not at any time be kept in the same cell, room or yard with

14 adults confined pursuant to criminal law. Persons 18 years

15 of age and older who have a petition of delinquency filed

16 against them shall ~~may~~be confined in an adult detention

17 facility. A person who is 18 years of age or older who has

18 been adjudicated a delinquent minor and who has violated

19 the terms or conditions of his or her juvenile parole or

20 aftercare release and is being tried as an adult for

21 violating the terms or conditions of his or her juvenile

22 parole or aftercare release may not be confined in a

23 juvenile detention facility.~~In making a determination~~

24 ~~whether to confine a person 18 years of age or older who~~

25 ~~has a petition of delinquency filed against the person,~~

26 ~~these factors, among other matters, shall be considered:~~

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1 (A) (Blank); ~~The age of the person;~~

2 (B) (Blank); ~~Any previous delinquent or criminal~~

3 ~~history of the person;~~

4 (C) (Blank); and ~~Any previous abuse or neglect~~

5 ~~history of the person; and~~

6 (D) (Blank). ~~Any mental health or educational~~

7 ~~history of the person, or both.~~

8 (d) (i) If a minor 12 years of age or older is confined in a

9 county jail in a county with a population below 3,000,000

10 inhabitants, then the minor's confinement shall be implemented

11 in such a manner that there will be no contact by sight, sound

12 or otherwise between the minor and adult prisoners. Minors 12

13 years of age or older must be kept separate from confined

14 adults and may not at any time be kept in the same cell, room,

15 or yard with confined adults. This paragraph (d)(i) shall only

16 apply to confinement pending an adjudicatory hearing and shall

17 not exceed 40 hours, excluding Saturdays, Sundays and court

18 designated holidays. To accept or hold minors during this time

19 period, county jails shall comply with all monitoring standards

20 promulgated by the Department of Corrections and training

21 standards approved by the Illinois Law Enforcement Training

22 Standards Board.

23 (ii) To accept or hold minors, 12 years of age or older,

24 after the time period prescribed in paragraph (d)(i) of this

25 subsection (2) of this Section but not exceeding 7 days

26 including Saturdays, Sundays and holidays pending an

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1 adjudicatory hearing, county jails shall comply with all

2 temporary detention standards promulgated by the Department of

3 Corrections and training standards approved by the Illinois Law

4 Enforcement Training Standards Board.

5 (iii) To accept or hold minors 12 years of age or older,

6 after the time period prescribed in paragraphs (d)(i) and

7 (d)(ii) of this subsection (2) of this Section, county jails

8 shall comply with all programmatic and training standards for

9 juvenile detention homes promulgated by the Department of

10 Corrections.

11 (e) When a minor who is at least 15 years of age is

12 prosecuted under the criminal laws of this State, the court may

13 enter an order directing that the juvenile be confined in the

14 county jail. However, any juvenile confined in the county jail

15 under this provision shall be separated from adults who are

16 confined in the county jail in such a manner that there will be

17 no contact by sight, sound or otherwise between the juvenile

18 and adult prisoners.

19 (f) For purposes of appearing in a physical lineup, the

20 minor may be taken to a county jail or municipal lockup under

21 the direct and constant supervision of a juvenile police

22 officer. During such time as is necessary to conduct a lineup,

23 and while supervised by a juvenile police officer, the sight

24 and sound separation provisions shall not apply.

25 (g) For purposes of processing a minor, the minor may be

26 taken to a County Jail or municipal lockup under the direct and

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1 constant supervision of a law enforcement officer or

2 correctional officer. During such time as is necessary to

3 process the minor, and while supervised by a law enforcement

4 officer or correctional officer, the sight and sound separation

5 provisions shall not apply.

6 (3) If the probation officer or State's Attorney (or such

7 other public officer designated by the court in a county having

8 3,000,000 or more inhabitants) determines that the minor may be

9 a delinquent minor as described in subsection (3) of Section

10 5-105, and should be retained in custody but does not require

11 physical restriction, the minor may be placed in non-secure

12 custody for up to 40 hours pending a detention hearing.

13 (4) Any minor taken into temporary custody, not requiring

14 secure detention, may, however, be detained in the home of his

15 or her parent or guardian subject to such conditions as the

16 court may impose.

17 (5) The changes made to this Section by Public Act 98-61

18 ~~this amendatory Act of the 98th General Assembly~~ apply to a

19 minor who has been arrested or taken into custody on or after

20 January 1, 2014 (the effective date of Public Act 98-61) ~~this~~

21 ~~amendatory Act~~.

22 (Source: P.A. 98-61, eff. 1-1-14; revised 11-22-13.)