100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2986

 

Introduced , by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-407
705 ILCS 405/5-410
705 ILCS 405/5-415

    Amends the Juvenile Court Act of 1987. Provides that minors shall be brought before a judicial officer within 40 hours, which includes Saturdays, Sundays, and court-designated holidays (rather than within 40 hours exclusive of Saturdays, Sundays, and court-designated holidays. Makes conforming changes.


LRB100 10976 SLF 21214 b

 

 

A BILL FOR

 

HB2986LRB100 10976 SLF 21214 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 5-407, 5-410, and 5-415 as follows:
 
6    (705 ILCS 405/5-407)
7    Sec. 5-407. Processing of juvenile in possession of a
8firearm.
9    (a) If a law enforcement officer detains a minor pursuant
10to Section 10-27.1A of the School Code, the officer shall
11deliver the minor to the nearest juvenile officer, in the
12manner prescribed by subsection (2) of Section 5-405 of this
13Act. The juvenile officer shall deliver the minor without
14unnecessary delay to the court or to the place designated by
15rule or order of court for the reception of minors. In no event
16shall the minor be eligible for any other disposition by the
17juvenile police officer, notwithstanding the provisions of
18subsection (3) of Section 5-405 of this Act.
19    (b) Minors shall be brought before a judicial officer
20within 40 hours, which includes exclusive of Saturdays,
21Sundays, and court-designated holidays, for a detention
22hearing to determine whether he or she shall be further held in
23custody. If the court finds that there is probable cause to

 

 

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1believe that the minor is a delinquent minor by virtue of his
2or her violation of item (4) of subsection (a) of Section 24-1
3of the Criminal Code of 1961 or the Criminal Code of 2012 while
4on school grounds, that finding shall create a presumption that
5immediate and urgent necessity exists under subdivision (2) of
6Section 5-501 of this Act. Once the presumption of immediate
7and urgent necessity has been raised, the burden of
8demonstrating the lack of immediate and urgent necessity shall
9be on any party that is opposing detention for the minor.
10Should the court order detention pursuant to this Section, the
11minor shall be detained, pending the results of a court-ordered
12psychological evaluation to determine if the minor is a risk to
13himself, herself, or others. Upon receipt of the psychological
14evaluation, the court shall review the determination regarding
15the existence of urgent and immediate necessity. The court
16shall consider the psychological evaluation in conjunction
17with the other factors identified in subdivision (2) of Section
185-501 of this Act in order to make a de novo determination
19regarding whether it is a matter of immediate and urgent
20necessity for the protection of the minor or of the person or
21property of another that the minor be detained or placed in a
22shelter care facility. In addition to the pre-trial conditions
23found in Section 5-505 of this Act, the court may order the
24minor to receive counseling and any other services recommended
25by the psychological evaluation as a condition for release of
26the minor.

 

 

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1    (c) Upon making a determination that the student presents a
2risk to himself, herself, or others, the court shall issue an
3order restraining the student from entering the property of the
4school if he or she has been suspended or expelled from the
5school as a result of possessing a firearm. The order shall
6restrain the student from entering the school and school owned
7or leased property, including any conveyance owned, leased, or
8contracted by the school to transport students to or from
9school or a school-related activity. The order shall remain in
10effect until such time as the court determines that the student
11no longer presents a risk to himself, herself, or others.
12    (d) Psychological evaluations ordered pursuant to
13subsection (b) of this Section and statements made by the minor
14during the course of these evaluations, shall not be admissible
15on the issue of delinquency during the course of any
16adjudicatory hearing held under this Act.
17    (e) In this Section:
18    "School" means any public or private elementary or
19secondary school.
20    "School grounds" includes the real property comprising any
21school, any conveyance owned, leased, or contracted by a school
22to transport students to or from school or a school-related
23activity, or any public way within 1,000 feet of the real
24property comprising any school.
25(Source: P.A. 99-258, eff. 1-1-16.)
 

 

 

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1    (705 ILCS 405/5-410)
2    Sec. 5-410. Non-secure custody or detention.
3    (1) Any minor arrested or taken into custody pursuant to
4this Act who requires care away from his or her home but who
5does not require physical restriction shall be given temporary
6care in a foster family home or other shelter facility
7designated by the court.
8    (2) (a) Any minor 10 years of age or older arrested
9pursuant to this Act where there is probable cause to believe
10that the minor is a delinquent minor and that (i) secured
11custody is a matter of immediate and urgent necessity for the
12protection of the minor or of the person or property of
13another, (ii) the minor is likely to flee the jurisdiction of
14the court, or (iii) the minor was taken into custody under a
15warrant, may be kept or detained in an authorized detention
16facility. A minor under 13 years of age shall not be admitted,
17kept, or detained in a detention facility unless a local youth
18service provider, including a provider through the
19Comprehensive Community Based Youth Services network, has been
20contacted and has not been able to accept the minor. No minor
21under 12 years of age shall be detained in a county jail or a
22municipal lockup for more than 6 hours.
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,
2which includes excluding Saturdays, Sundays and
3court-designated holidays. These records shall be available to
4the same persons and pursuant to the same conditions as are law
5enforcement records as provided in Section 5-905.
6    (b-4) The consultation required by subsection (b-5) shall
7not be applicable if the probation officer or detention officer
8(or other public officer designated by the court in a county
9having 3,000,000 or more inhabitants) utilizes a scorable
10detention screening instrument, which has been developed with
11input by the State's Attorney, to determine whether a minor
12should be detained, however, subsection (b-5) shall still be
13applicable where no such screening instrument is used or where
14the probation officer, detention officer (or other public
15officer designated by the court in a county having 3,000,000 or
16more inhabitants) deviates from the screening instrument.
17    (b-5) Subject to the provisions of subsection (b-4), if a
18probation officer or detention officer (or other public officer
19designated by the court in a county having 3,000,000 or more
20inhabitants) does not intend to detain a minor for an offense
21which constitutes one of the following offenses he or she shall
22consult with the State's Attorney's Office prior to the release
23of the minor: first degree murder, second degree murder,
24involuntary manslaughter, criminal sexual assault, aggravated
25criminal sexual assault, aggravated battery with a firearm as
26described in Section 12-4.2 or subdivision (e)(1), (e)(2),

 

 

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

 

 

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1        (iv) A log shall be kept which shows the offense which
2    is the basis for the detention, the reasons and
3    circumstances for the decision to detain and the length of
4    time the minor was in detention.
5        (v) Violation of the time limit on detention in a
6    county jail or municipal lockup shall not, in and of
7    itself, render inadmissible evidence obtained as a result
8    of the violation of this time limit. Minors under 18 years
9    of age shall be kept separate from confined adults and may
10    not at any time be kept in the same cell, room or yard with
11    adults confined pursuant to criminal law. Persons 18 years
12    of age and older who have a petition of delinquency filed
13    against them may be confined in an adult detention
14    facility. In making a determination whether to confine a
15    person 18 years of age or older who has a petition of
16    delinquency filed against the person, these factors, among
17    other matters, shall be considered:
18            (A) The age of the person;
19            (B) Any previous delinquent or criminal history of
20        the person;
21            (C) Any previous abuse or neglect history of the
22        person; and
23            (D) Any mental health or educational history of the
24        person, or both.
25    (d) (i) If a minor 12 years of age or older is confined in a
26county jail in a county with a population below 3,000,000

 

 

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

 

 

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1    (e) When a minor who is at least 15 years of age is
2prosecuted under the criminal laws of this State, the court may
3enter an order directing that the juvenile be confined in the
4county jail. However, any juvenile confined in the county jail
5under this provision shall be separated from adults who are
6confined in the county jail in such a manner that there will be
7no contact by sight, sound or otherwise between the juvenile
8and adult prisoners.
9    (f) For purposes of appearing in a physical lineup, the
10minor may be taken to a county jail or municipal lockup under
11the direct and constant supervision of a juvenile police
12officer. During such time as is necessary to conduct a lineup,
13and while supervised by a juvenile police officer, the sight
14and sound separation provisions shall not apply.
15    (g) For purposes of processing a minor, the minor may be
16taken to a County Jail or municipal lockup under the direct and
17constant supervision of a law enforcement officer or
18correctional officer. During such time as is necessary to
19process the minor, and while supervised by a law enforcement
20officer or correctional officer, the sight and sound separation
21provisions shall not apply.
22    (3) If the probation officer or State's Attorney (or such
23other public officer designated by the court in a county having
243,000,000 or more inhabitants) determines that the minor may be
25a delinquent minor as described in subsection (3) of Section
265-105, and should be retained in custody but does not require

 

 

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1physical restriction, the minor may be placed in non-secure
2custody for up to 40 hours pending a detention hearing.
3    (4) Any minor taken into temporary custody, not requiring
4secure detention, may, however, be detained in the home of his
5or her parent or guardian subject to such conditions as the
6court may impose.
7    (5) The changes made to this Section by Public Act 98-61
8apply to a minor who has been arrested or taken into custody on
9or after January 1, 2014 (the effective date of Public Act
1098-61).
11(Source: P.A. 98-61, eff. 1-1-14; 98-685, eff. 1-1-15; 98-756,
12eff. 7-16-14; 99-254, eff. 1-1-16.)
 
13    (705 ILCS 405/5-415)
14    Sec. 5-415. Setting of detention or shelter care hearing;
15release.
16    (1) Unless sooner released, a minor alleged to be a
17delinquent minor taken into temporary custody must be brought
18before a judicial officer within 40 hours for a detention or
19shelter care hearing to determine whether he or she shall be
20further held in custody. If a minor alleged to be a delinquent
21minor taken into custody is hospitalized or is receiving
22treatment for a physical or mental condition, and is unable to
23be brought before a judicial officer for a detention or shelter
24care hearing, the 40 hour period will not commence until the
25minor is released from the hospital or place of treatment. If

 

 

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1the minor gives false information to law enforcement officials
2regarding the minor's identity or age, the 40 hour period will
3not commence until the court rules that the minor is subject to
4this Act and not subject to prosecution under the Criminal Code
5of 1961 or the Criminal Code of 2012. Any other delay
6attributable to a minor alleged to be a delinquent minor who is
7taken into temporary custody shall act to toll the 40 hour time
8period. The 40 hour time period shall be tolled to allow
9counsel for the minor to prepare for the detention or shelter
10care hearing, upon a motion filed by such counsel and granted
11by the court. In all cases, the 40 hour time period which
12includes is exclusive of Saturdays, Sundays, and
13court-designated holidays.
14    (2) If the State's Attorney or probation officer (or other
15public officer designated by the court in a county having more
16than 3,000,000 inhabitants) determines that the minor should be
17retained in custody, he or she shall cause a petition to be
18filed as provided in Section 5-520 of this Article, and the
19clerk of the court shall set the matter for hearing on the
20detention or shelter care hearing calendar. Immediately upon
21the filing of a petition in the case of a minor retained in
22custody, the court shall cause counsel to be appointed to
23represent the minor. When a parent, legal guardian, custodian,
24or responsible relative is present and so requests, the
25detention or shelter care hearing shall be held immediately if
26the court is in session and the State is ready to proceed,

 

 

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1otherwise at the earliest feasible time. In no event shall a
2detention or shelter care hearing be held until the minor has
3had adequate opportunity to consult with counsel. The probation
4officer or such other public officer designated by the court in
5a county having more than 3,000,000 inhabitants shall notify
6the minor's parent, legal guardian, custodian, or responsible
7relative of the time and place of the hearing. The notice may
8be given orally.
9    (3) The minor must be released from custody at the
10expiration of the 40 hour period specified by this Section if
11not brought before a judicial officer within that period.
12    (4) After the initial 40 hour period has lapsed, the court
13may review the minor's custodial status at any time prior to
14the trial or sentencing hearing. If during this time period new
15or additional information becomes available concerning the
16minor's conduct, the court may conduct a hearing to determine
17whether the minor should be placed in a detention or shelter
18care facility. If the court finds that there is probable cause
19that the minor is a delinquent minor and that it is a matter of
20immediate and urgent necessity for the protection of the minor
21or of the person or property of another, or that he or she is
22likely to flee the jurisdiction of the court, the court may
23order that the minor be placed in detention or shelter care.
24(Source: P.A. 97-1150, eff. 1-25-13.)