SB2369 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2369

 

Introduced 2/10/2023, by Sen. Cristina Castro

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 505/17  from Ch. 23, par. 5017
225 ILCS 10/3.6
705 ILCS 405/5-410

    Amends the Department of Children and Family Services Act. Provides that the Department of Human Services and the Department of Children and Family Services shall require that all participants in the Comprehensive Community-Based Youth Services Network provide alternatives to detention for all youths age 10 through 12 who have been referred to a juvenile detention center and who cannot be returned to their homes and cannot be placed with an alternative family member except when: (1) the youth has a criminal history with multiple documented incidents of violence or injury to others; or (2) the youth is in a medical crisis and shall instead be transported to an emergency room. Amends the Child Care Act of 1969. Deletes provision that host homes licensed by the Department of Children and Family Services shall not be utilized for a child who is a youth in care as defined in the Children and Family Services Act. Provides that the Department of Children and Family Services and the Department of Human Services shall provide training and funding for the participants in the Comprehensive Community-Based Youth Services program that includes receiving youth ages 10 through 12 referred to them by police departments and juvenile detention facilities. Provides that any representative of a Comprehensive Community-Based Youth Services program who returns a youth to the parent's home without delivery of services as an alternative to detention, and communicates to that parent that the parent will be charged with abuse and neglect unless the parent unconditionally accept the youth's return, shall be subject to the immediate suspension of any license for that representative and the program for which that representative is employed. Amends the Juvenile Court Act of 1987 to make conforming changes.


LRB103 28383 RLC 54763 b

 

 

A BILL FOR

 

SB2369LRB103 28383 RLC 54763 b

1    AN ACT concerning children.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Children and Family Services Act is amended
5by changing Section 17 as follows:
 
6    (20 ILCS 505/17)  (from Ch. 23, par. 5017)
7    Sec. 17. Youth and Community Services Program. The
8Department of Human Services shall develop a State program for
9youth and community services which will assure that youth who
10come into contact or may come into contact with the child
11welfare and the juvenile justice systems will have access to
12needed community, prevention, diversion, emergency and
13independent living services. The term "youth" means a person
14under the age of 19 years. The term "homeless youth" means a
15youth who cannot be reunited with his or her family and is not
16in a safe and stable living situation. This Section shall not
17be construed to require the Department of Human Services to
18provide services under this Section to any homeless youth who
19is at least 18 years of age but is younger than 19 years of
20age; however, the Department may, in its discretion, provide
21services under this Section to any such homeless youth.
22    (a) The goals of the program shall be to:
23        (1) maintain children and youths in their own

 

 

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1    community;
2        (2) eliminate unnecessary categorical funding of
3    programs by funding more comprehensive and integrated
4    programs;
5        (3) encourage local volunteers and voluntary
6    associations in developing programs aimed at preventing
7    and controlling juvenile delinquency;
8        (4) address voids in services and close service gaps;
9        (5) develop program models aimed at strengthening the
10    relationships between youth and their families and aimed
11    at developing healthy, independent lives for homeless
12    youth;
13        (6) contain costs by redirecting funding to more
14    comprehensive and integrated community-based services; and
15        (7) coordinate education, employment, training and
16    other programs for youths with other State agencies.
17    (b) The duties of the Department under the program shall
18be to:
19        (1) design models for service delivery by local
20    communities;
21        (2) test alternative systems for delivering youth
22    services;
23        (3) develop standards necessary to achieve and
24    maintain, on a statewide basis, more comprehensive and
25    integrated community-based youth services;
26        (4) monitor and provide technical assistance to local

 

 

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1    boards and local service systems;
2        (5) assist local organizations in developing programs
3    which address the problems of youths and their families
4    through direct services, advocacy with institutions, and
5    improvement of local conditions; and
6        (6) develop a statewide adoption awareness campaign
7    aimed at pregnant teenagers.
8    (b) The Department of Human Services and the Department of
9Children and Family Services shall require that all
10participants in the Comprehensive Community-Based Youth
11Services Network shall provide alternatives to detention for
12all youths age 10 through 12 that have been referred to a
13juvenile detention center, and who cannot be returned to their
14home, and cannot be placed with an alternative family member,
15except as follows:
16        (i) the youth has a criminal history with multiple
17    documented incidents of violence or injury to others; or
18        (ii) the youth is in a medical crisis and shall
19    instead be transported to an emergency room.
20    The Comprehensive Community-Based Youth Services Network
21provider shall keep a record of all requests by police
22departments and juvenile detention facilities and shall report
23such requests and the disposition and outcome of such requests
24to the Department of Children and Family Services on a monthly
25basis. A copy of this monthly report shall be forwarded to the
26Department of Human Services, the Illinois Juvenile Justice

 

 

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1Commission, and the local probation department.
2(Source: P.A. 89-507, eff. 7-1-97.)
 
3    Section 10. The Child Care Act of 1969 is amended by
4changing Section 3.6 as follows:
 
5    (225 ILCS 10/3.6)
6    Sec. 3.6. Licenses for host homes.
7    (a) The Department shall develop an appropriate licensing
8and monitoring system that recognizes the unique population
9and programming for youth served by the Comprehensive
10Community-Based Youth Services program. The Department shall
11maintain licensing staff who are knowledgeable of
12Comprehensive Community-Based Youth Services program
13standards, as set forth by the Department of Human Services.
14The Department of Human Services shall be solely responsible
15for the development and implementation of a training
16curriculum for host homes that recognizes the unique
17population and programming of youth served in Comprehensive
18Community-Based Youth Services. Host homes licensed by the
19Department shall not be utilized for a child who is a youth in
20care as defined in Section 4d of the Children and Family
21Services Act.
22    (b) The Department and the Department of Human Services
23shall provide training and funding for the participants in the
24Comprehensive Community-Based Youth Services program that

 

 

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1includes receiving youth ages 10 through 12 referred to them
2by police departments and juvenile detention facilities.
3    (c) Any representative of a Comprehensive Community-Based
4Youth services program who returns a youth to the parent's
5home without delivery of services as an alternative to
6detention, and communicates to that parent that the parent
7will be charged with abuse and neglect unless the parent
8unconditionally accept the youth's return, shall be subject to
9the immediate suspension of any license under this Section for
10that representative and the program for which that
11representative is employed.
12(Source: P.A. 102-688, eff. 7-1-22.)
 
13    Section 15. The Juvenile Court Act of 1987 is amended by
14changing Section 5-410 as follows:
 
15    (705 ILCS 405/5-410)
16    Sec. 5-410. Non-secure custody or detention.
17    (1) Any minor arrested or taken into custody pursuant to
18this Act who requires care away from his or her home but who
19does not require physical restriction shall be given temporary
20care in a foster family home or other shelter facility
21designated by the court.
22    (2) (a) Any minor 10 years of age or older arrested
23pursuant to this Act where there is probable cause to believe
24that the minor is a delinquent minor and that (i) secure

 

 

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1custody is a matter of immediate and urgent necessity for the
2protection of the minor or of the person or property of
3another, (ii) the minor is likely to flee the jurisdiction of
4the court, or (iii) the minor was taken into custody under a
5warrant, may be kept or detained in an authorized detention
6facility. A minor under 13 years of age shall not be admitted,
7kept, or detained in a detention facility unless a local youth
8service provider, including a provider through the
9Comprehensive Community-Based Youth Services network, has been
10contacted and has not been able to accept the minor, if the
11provider has complied with Section 17 of the Department of
12Children and Family Services Act and Section 3.6 of the Child
13Care Act of 1969. No minor under 12 years of age shall be
14detained in a county jail or a municipal lockup for more than 6
15hours.
16    (a-5) For a minor arrested or taken into custody for
17vehicular hijacking or aggravated vehicular hijacking, a
18previous finding of delinquency for vehicular hijacking or
19aggravated vehicular hijacking shall be given greater weight
20in determining whether secured custody of a minor is a matter
21of immediate and urgent necessity for the protection of the
22minor or of the person or property of another.
23    (b) The written authorization of the probation officer or
24detention officer (or other public officer designated by the
25court in a county having 3,000,000 or more inhabitants)
26constitutes authority for the superintendent of any juvenile

 

 

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1detention home to detain and keep a minor for up to 40 hours,
2excluding Saturdays, Sundays, and court-designated holidays.
3These records shall be available to the same persons and
4pursuant to the same conditions as are law enforcement records
5as provided in Section 5-905.
6    (b-4) The consultation required by paragraph (b-5) shall
7not be applicable if the probation officer or detention
8officer (or other public officer designated by the court in a
9county having 3,000,000 or more inhabitants) utilizes a
10scorable detention screening instrument, which has been
11developed with input by the State's Attorney, to determine
12whether a minor should be detained, however, paragraph (b-5)
13shall still be applicable where no such screening instrument
14is used or where the probation officer, detention officer (or
15other public officer designated by the court in a county
16having 3,000,000 or more inhabitants) deviates from the
17screening instrument.
18    (b-5) Subject to the provisions of paragraph (b-4), if a
19probation officer or detention officer (or other public
20officer designated by the court in a county having 3,000,000
21or more inhabitants) does not intend to detain a minor for an
22offense which constitutes one of the following offenses he or
23she shall consult with the State's Attorney's Office prior to
24the release of the minor: first degree murder, second degree
25murder, involuntary manslaughter, criminal sexual assault,
26aggravated criminal sexual assault, aggravated battery with a

 

 

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1firearm as described in Section 12-4.2 or subdivision (e)(1),
2(e)(2), (e)(3), or (e)(4) of Section 12-3.05, aggravated or
3heinous battery involving permanent disability or
4disfigurement or great bodily harm, robbery, aggravated
5robbery, armed robbery, vehicular hijacking, aggravated
6vehicular hijacking, vehicular invasion, arson, aggravated
7arson, kidnapping, aggravated kidnapping, home invasion,
8burglary, or residential burglary.
9    (c) Except as otherwise provided in paragraph (a), (d), or
10(e), no minor shall be detained in a county jail or municipal
11lockup for more than 12 hours, unless the offense is a crime of
12violence in which case the minor may be detained up to 24
13hours. For the purpose of this paragraph, "crime of violence"
14has the meaning ascribed to it in Section 1-10 of the
15Alcoholism and Other Drug Abuse and Dependency Act.
16        (i) The period of detention is deemed to have begun
17    once the minor has been placed in a locked room or cell or
18    handcuffed to a stationary object in a building housing a
19    county jail or municipal lockup. Time spent transporting a
20    minor is not considered to be time in detention or secure
21    custody.
22        (ii) Any minor so confined shall be under periodic
23    supervision and shall not be permitted to come into or
24    remain in contact with adults in custody in the building.
25        (iii) Upon placement in secure custody in a jail or
26    lockup, the minor shall be informed of the purpose of the

 

 

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1    detention, the time it is expected to last and the fact
2    that it cannot exceed the time specified under this Act.
3        (iv) A log shall be kept which shows the offense which
4    is the basis for the detention, the reasons and
5    circumstances for the decision to detain, and the length
6    of time the minor was in detention.
7        (v) Violation of the time limit on detention in a
8    county jail or municipal lockup shall not, in and of
9    itself, render inadmissible evidence obtained as a result
10    of the violation of this time limit. Minors under 18 years
11    of age shall be kept separate from confined adults and may
12    not at any time be kept in the same cell, room, or yard
13    with adults confined pursuant to criminal law. Persons 18
14    years of age and older who have a petition of delinquency
15    filed against them may be confined in an adult detention
16    facility. In making a determination whether to confine a
17    person 18 years of age or older who has a petition of
18    delinquency filed against the person, these factors, among
19    other matters, shall be considered:
20            (A) the age of the person;
21            (B) any previous delinquent or criminal history of
22        the person;
23            (C) any previous abuse or neglect history of the
24        person; and
25            (D) any mental health or educational history of
26        the person, or both.

 

 

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1    (d) (i) If a minor 12 years of age or older is confined in
2a county jail in a county with a population below 3,000,000
3inhabitants, then the minor's confinement shall be implemented
4in such a manner that there will be no contact by sight, sound,
5or otherwise between the minor and adult prisoners. Minors 12
6years of age or older must be kept separate from confined
7adults and may not at any time be kept in the same cell, room,
8or yard with confined adults. This paragraph (d)(i) shall only
9apply to confinement pending an adjudicatory hearing and shall
10not exceed 40 hours, excluding Saturdays, Sundays, and
11court-designated holidays. To accept or hold minors during
12this time period, county jails shall comply with all
13monitoring standards adopted by the Department of Corrections
14and training standards approved by the Illinois Law
15Enforcement Training Standards Board.
16    (ii) To accept or hold minors, 12 years of age or older,
17after the time period prescribed in paragraph (d)(i) of this
18subsection (2) of this Section but not exceeding 7 days
19including Saturdays, Sundays, and holidays pending an
20adjudicatory hearing, county jails shall comply with all
21temporary detention standards adopted by the Department of
22Corrections and training standards approved by the Illinois
23Law Enforcement Training Standards Board.
24    (iii) To accept or hold minors 12 years of age or older,
25after the time period prescribed in paragraphs (d)(i) and
26(d)(ii) of this subsection (2) of this Section, county jails

 

 

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1shall comply with all county juvenile detention standards
2adopted by the Department of Juvenile Justice.
3    (e) When a minor who is at least 15 years of age is
4prosecuted under the criminal laws of this State, the court
5may enter an order directing that the juvenile be confined in
6the county jail. However, any juvenile confined in the county
7jail under this provision shall be separated from adults who
8are confined in the county jail in such a manner that there
9will be no contact by sight, sound or otherwise between the
10juvenile and adult prisoners.
11    (f) For purposes of appearing in a physical lineup, the
12minor may be taken to a county jail or municipal lockup under
13the direct and constant supervision of a juvenile police
14officer. During such time as is necessary to conduct a lineup,
15and while supervised by a juvenile police officer, the sight
16and sound separation provisions shall not apply.
17    (g) For purposes of processing a minor, the minor may be
18taken to a county jail or municipal lockup under the direct and
19constant supervision of a law enforcement officer or
20correctional officer. During such time as is necessary to
21process the minor, and while supervised by a law enforcement
22officer or correctional officer, the sight and sound
23separation provisions shall not apply.
24    (3) If the probation officer or State's Attorney (or such
25other public officer designated by the court in a county
26having 3,000,000 or more inhabitants) determines that the

 

 

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1minor may be a delinquent minor as described in subsection (3)
2of Section 5-105, and should be retained in custody but does
3not require physical restriction, the minor may be placed in
4non-secure custody for up to 40 hours pending a detention
5hearing.
6    (4) Any minor taken into temporary custody, not requiring
7secure detention, may, however, be detained in the home of his
8or her parent or guardian subject to such conditions as the
9court may impose.
10    (5) The changes made to this Section by Public Act 98-61
11apply to a minor who has been arrested or taken into custody on
12or after January 1, 2014 (the effective date of Public Act
1398-61).
14(Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)