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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5700 Introduced , by Rep. Mike Smiddy SYNOPSIS AS INTRODUCED:
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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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| | HB5700 | | LRB098 17846 RLC 52970 b |
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| 1 | | AN ACT concerning courts.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by |
| 5 | | changing Section 5-410 as follows:
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| 6 | | (705 ILCS 405/5-410)
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| 7 | | Sec. 5-410. Non-secure custody or detention.
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| 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.
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| 13 | | (2) (a) Any minor 10 years of age or older arrested
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| 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
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| 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
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| 22 | | county jail or a municipal lockup for more than 6 hours.
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| 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,
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| 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.
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| 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.
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| 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
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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
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| 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;
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| 2 | | (B) (Blank); Any previous delinquent or criminal |
| 3 | | history of the person;
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| 4 | | (C) (Blank); and Any previous abuse or neglect |
| 5 | | history of the person; and
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| 6 | | (D) (Blank). Any mental health or educational |
| 7 | | history of the person, or both.
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| 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
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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
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| 11 | | physical restriction, the minor may be placed in non-secure |
| 12 | | custody for up to
40 hours pending a detention hearing.
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| 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.
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| 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.)
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