Full Text of HB2347 103rd General Assembly
HB2347eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning minors.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Children and Family Services Act is amended | 5 | | by changing Section 17a-9 as follows: | 6 | | (20 ILCS 505/17a-9) (from Ch. 23, par. 5017a-9) | 7 | | Sec. 17a-9. Illinois Juvenile Justice Commission. | 8 | | (a) There is hereby created
the Illinois Juvenile Justice | 9 | | Commission which shall consist of 25 persons
appointed by the | 10 | | Governor.
The Chairperson of the Commission shall be appointed | 11 | | by the Governor. Of
the initial appointees, 8 shall serve a | 12 | | one-year term, 8 shall serve a two-year
term and 9 shall serve | 13 | | a three-year term. Thereafter, each successor
shall serve a | 14 | | three-year term. Vacancies shall be filled in the same manner
| 15 | | as original appointments. Once appointed, members shall serve | 16 | | until their
successors are appointed and qualified. Members | 17 | | shall serve without
compensation,
except they shall be | 18 | | reimbursed for their actual expenses in the performance
of | 19 | | their duties.
The Commission shall carry out the rights, | 20 | | powers and duties established
in subparagraph (3) of paragraph | 21 | | (a) of Section 223 of the Federal "Juvenile
Justice and | 22 | | Delinquency Prevention Act of 1974", as now or hereafter | 23 | | amended.
The Commission shall determine the priorities for |
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| 1 | | expenditure of funds made
available to the State by the | 2 | | Federal Government pursuant to that Act.
The Commission shall | 3 | | have the following powers and duties: | 4 | | (1) Development, review and final approval of the | 5 | | State's juvenile justice
plan for funds under the Federal | 6 | | "Juvenile Justice and Delinquency Prevention
Act of 1974"; | 7 | | (2) Review and approve or disapprove juvenile justice | 8 | | and delinquency
prevention grant applications to the | 9 | | Department for federal funds under that Act; | 10 | | (3) Annual submission of recommendations to the | 11 | | Governor and the General
Assembly concerning matters | 12 | | relative to its function; | 13 | | (4) Responsibility for the review of funds allocated | 14 | | to Illinois under
the "Juvenile Justice and Delinquency | 15 | | Prevention Act of 1974" to ensure
compliance with all | 16 | | relevant federal laws and regulations; | 17 | | (5) Function as the advisory committee for the State
| 18 | | Youth and Community Services Program as authorized under | 19 | | Section 17 of this
Act, and in that capacity be authorized | 20 | | and empowered to assist and advise the
Secretary of Human | 21 | | Services on matters related to juvenile
justice and | 22 | | delinquency prevention programs and services; and | 23 | | (5.5) Study and make recommendations to the General | 24 | | Assembly regarding the availability of youth services to | 25 | | reduce the use of detention and prevent deeper criminal | 26 | | involvement and regarding the impact and advisability of |
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| 1 | | raising the minimum age of detention to 14, and develop a | 2 | | process to assist in the implementation of the provisions | 3 | | of this amendatory Act of the 103rd General Assembly; and | 4 | | (6) Study the impact of, develop timelines, and | 5 | | propose a funding structure to accommodate the expansion | 6 | | of the jurisdiction of the Illinois Juvenile Court to | 7 | | include youth age 17 under the jurisdiction of the | 8 | | Juvenile Court Act of 1987. The Commission shall submit a | 9 | | report by December 31, 2011 to the General Assembly with | 10 | | recommendations on extending juvenile court jurisdiction | 11 | | to youth age 17 charged with felony offenses. | 12 | | (b) On the effective date of this amendatory Act of the | 13 | | 96th General Assembly, the Illinois Juvenile Jurisdiction Task | 14 | | Force created by Public Act 95-1031 is abolished and its | 15 | | duties are transferred to the Illinois Juvenile Justice | 16 | | Commission as provided in paragraph (6) of subsection (a) of | 17 | | this Section. | 18 | | (Source: P.A. 96-1199, eff. 1-1-11.) | 19 | | Section 10. The Juvenile Court Act of 1987 is amended by | 20 | | changing Section 5-410 as follows:
| 21 | | (705 ILCS 405/5-410)
| 22 | | Sec. 5-410. Non-secure custody or detention.
| 23 | | (1) Placement of a minor away from his or her home must be | 24 | | a last resort and the least restrictive alternative available. |
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| 1 | | Any minor arrested or taken into custody pursuant to this Act | 2 | | who
requires care away from his or her home but who does not | 3 | | require physical
restriction shall be given temporary care in | 4 | | a foster family home or other
shelter facility designated by | 5 | | the court.
| 6 | | (2) (a-1) (a) On or after July 1, 2024, any Any minor 12 10 | 7 | | years of age or older arrested
pursuant to this Act where there | 8 | | is probable cause to believe that the minor
is a delinquent | 9 | | minor and that
(i) secure custody is a matter of immediate and | 10 | | urgent necessity , in light of a serious threat to the physical | 11 | | safety of a person or persons in the community or in order to | 12 | | secure the presence of the minor at the next hearing, as | 13 | | evidenced by a demonstrable record of willful failure to | 14 | | appear at a scheduled court hearing within the past 12 months, | 15 | | may be kept or detained in an authorized
detention facility. | 16 | | On or after July 1, 2025, with the exception of minors age 12 | 17 | | years or older and charged with first degree murder, | 18 | | aggravated criminal sexual assault, aggravated battery in | 19 | | which a firearm was used in the offense, or aggravated | 20 | | vehicular hijacking, any minor 13 years of age or older | 21 | | arrested pursuant to this Act where there is probable cause to | 22 | | believe that the minor is a delinquent minor and that secure | 23 | | custody is a matter of immediate and urgent necessity in light | 24 | | of a serious threat to the physical safety of a person or | 25 | | persons in the community, or to secure the presence of the | 26 | | minor at the next hearing as evidenced by a demonstrable |
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| 1 | | record of willful failure to appear at a scheduled court | 2 | | hearing within the past 12 months may be kept or detained in an | 3 | | authorized
detention facility. for the
protection of the minor | 4 | | or of the person or property of another, (ii) the minor
is | 5 | | likely to flee the jurisdiction of the court, or (iii) the | 6 | | minor was taken
into custody under a warrant, may be kept or | 7 | | detained in an authorized
detention facility. A minor under 13 | 8 | | years of age shall not be admitted, kept, or detained in a | 9 | | detention facility unless a local youth service provider, | 10 | | including a provider through the Comprehensive Community Based | 11 | | Youth Services network, has been contacted and has not been | 12 | | able to accept the minor. No minor under 13 12 years of age | 13 | | shall be detained in a
county jail or a municipal lockup for | 14 | | more than 6 hours. | 15 | | (a-2) Probation and court services shall document and | 16 | | share on a monthly basis with the Illinois Juvenile Justice | 17 | | Commission each instance where alternatives to detention | 18 | | failed or were lacking, including the basis for detention, the | 19 | | providers who were contacted, and the reason alternatives were | 20 | | rejected, lacking or denied. | 21 | | (a-3) Instead of detention, minors under the age of 13 who | 22 | | are in conflict with the law may be held accountable through a | 23 | | petition under Article 3, Minors Requiring Authoritative | 24 | | Intervention, or may be held accountable through a community | 25 | | mediation program as set forth in Section 5-310.
| 26 | | (a-5) For a minor arrested or taken into custody for |
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| 1 | | vehicular hijacking or aggravated vehicular hijacking, a | 2 | | previous finding of delinquency for vehicular hijacking or | 3 | | aggravated vehicular hijacking shall be given greater weight | 4 | | in determining whether secured custody of a minor is a matter | 5 | | of immediate and urgent necessity for the protection of the | 6 | | minor or of the person or property of another. | 7 | | (b) The written authorization of the probation officer or | 8 | | detention officer
(or other public officer designated by the | 9 | | court in a county having
3,000,000 or more inhabitants) | 10 | | constitutes authority for the superintendent of
any juvenile | 11 | | detention home to detain and keep a minor for up to 40 hours,
| 12 | | excluding Saturdays, Sundays, and court-designated holidays. | 13 | | These
records shall be available to the same persons and | 14 | | pursuant to the same
conditions as are law enforcement records | 15 | | as provided in Section 5-905.
| 16 | | (b-4) The consultation required by paragraph (b-5) shall | 17 | | not be applicable
if the probation officer or detention | 18 | | officer (or other public officer
designated
by the court in a
| 19 | | county having 3,000,000 or more inhabitants) utilizes a | 20 | | scorable detention
screening instrument, which has been | 21 | | developed with input by the State's
Attorney, to
determine | 22 | | whether a minor should be detained, however, paragraph (b-5) | 23 | | shall
still be applicable where no such screening instrument | 24 | | is used or where the
probation officer, detention officer (or | 25 | | other public officer designated by the
court in a county
| 26 | | having 3,000,000 or more inhabitants) deviates from the |
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| 1 | | screening instrument.
| 2 | | (b-5) Subject to the provisions of paragraph (b-4), if a | 3 | | probation officer
or detention officer
(or other public | 4 | | officer designated by
the court in a county having 3,000,000 | 5 | | or more inhabitants) does not intend to
detain a minor for an | 6 | | offense which constitutes one of the following offenses
he or | 7 | | she shall consult with the State's Attorney's Office prior to | 8 | | the release
of the minor: first degree murder, second degree | 9 | | murder, involuntary
manslaughter, criminal sexual assault, | 10 | | aggravated criminal sexual assault,
aggravated battery with a | 11 | | firearm as described in Section 12-4.2 or subdivision (e)(1), | 12 | | (e)(2), (e)(3), or (e)(4) of Section 12-3.05, aggravated or | 13 | | heinous battery involving
permanent disability or | 14 | | disfigurement or great bodily harm, robbery, aggravated
| 15 | | robbery, armed robbery, vehicular hijacking, aggravated | 16 | | vehicular hijacking,
vehicular invasion, arson, aggravated | 17 | | arson, kidnapping, aggravated kidnapping,
home invasion, | 18 | | burglary, or residential burglary.
| 19 | | (c) Except as otherwise provided in paragraph (a), (d), or | 20 | | (e), no minor
shall
be detained in a county jail or municipal | 21 | | lockup for more than 12 hours, unless
the offense is a crime of | 22 | | violence in which case the minor may be detained up
to 24 | 23 | | hours. For the purpose of this paragraph, "crime of violence" | 24 | | has the
meaning
ascribed to it in Section 1-10 of the | 25 | | Alcoholism and Other Drug Abuse and
Dependency Act.
| 26 | | (i) The
period of detention is deemed to have begun |
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| 1 | | once the minor has been placed in a
locked room or cell or | 2 | | handcuffed to a stationary object in a building housing
a | 3 | | county jail or municipal lockup. Time spent transporting a | 4 | | minor is not
considered to be time in detention or secure | 5 | | custody.
| 6 | | (ii) Any minor so
confined shall be under periodic | 7 | | supervision and shall not be permitted to come
into or | 8 | | remain in contact with adults in custody in the building.
| 9 | | (iii) Upon
placement in secure custody in a jail or | 10 | | lockup, the
minor shall be informed of the purpose of the | 11 | | detention, the time it is
expected to last and the fact | 12 | | that it cannot exceed the time specified under
this Act.
| 13 | | (iv) A log shall
be kept which shows the offense which | 14 | | is the basis for the detention, the
reasons and | 15 | | circumstances for the decision to detain, and the length | 16 | | of time the
minor was in detention.
| 17 | | (v) Violation of the time limit on detention
in a | 18 | | county jail or municipal lockup shall not, in and of | 19 | | itself, render
inadmissible evidence obtained as a result | 20 | | of the violation of this
time limit. Minors under 18 years | 21 | | of age shall be kept separate from confined
adults and may | 22 | | not at any time be kept in the same cell, room, or yard | 23 | | with
adults confined pursuant to criminal law. Persons 18 | 24 | | years of age and older
who have a petition of delinquency | 25 | | filed against them may be
confined in an
adult detention | 26 | | facility.
In making a determination whether to confine a |
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| 1 | | person 18 years of age or
older
who has a petition of | 2 | | delinquency filed against the person, these factors,
among | 3 | | other matters, shall be considered:
| 4 | | (A) the age of the person;
| 5 | | (B) any previous delinquent or criminal history of | 6 | | the person;
| 7 | | (C) any previous abuse or neglect history of the | 8 | | person; and
| 9 | | (D) any mental health or educational history of | 10 | | the person, or both.
| 11 | | (d) (i) If a minor 12 years of age or older is confined in | 12 | | a county jail
in a
county with a population below 3,000,000 | 13 | | inhabitants, then the minor's
confinement shall be implemented | 14 | | in such a manner that there will be no contact
by sight, sound, | 15 | | or otherwise between the minor and adult prisoners. Minors
12 | 16 | | years of age or older must be kept separate from confined | 17 | | adults and may not
at any time
be kept in the same cell, room, | 18 | | or yard with confined adults. This paragraph
(d)(i) shall only | 19 | | apply to confinement pending an adjudicatory hearing and
shall | 20 | | not exceed 40 hours, excluding Saturdays, Sundays, and | 21 | | court-designated
holidays. To accept or hold minors during | 22 | | this time period, county jails shall
comply with all | 23 | | monitoring standards adopted by the Department of
Corrections | 24 | | and training standards approved by the Illinois Law | 25 | | Enforcement
Training Standards Board.
| 26 | | (ii) To accept or hold minors, 12 years of age or older, |
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| 1 | | after the time
period
prescribed in paragraph (d)(i) of this | 2 | | subsection (2) of this Section but not
exceeding 7 days | 3 | | including Saturdays, Sundays, and holidays pending an
| 4 | | adjudicatory hearing, county jails shall comply with all | 5 | | temporary detention
standards adopted by the Department of | 6 | | Corrections and training standards
approved by the Illinois | 7 | | Law Enforcement Training Standards Board.
| 8 | | (iii) To accept or hold minors 12 years of age or older, | 9 | | after the time
period prescribed in paragraphs (d)(i) and | 10 | | (d)(ii) of this subsection (2) of
this
Section, county jails | 11 | | shall comply with all county juvenile detention standards | 12 | | adopted by the Department of Juvenile Justice.
| 13 | | (e) When a minor who is at least 15 years of age is | 14 | | prosecuted under the
criminal laws of this State,
the court | 15 | | may enter an order directing that the juvenile be confined
in | 16 | | the county jail. However, any juvenile confined in the county | 17 | | jail under
this provision shall be separated from adults who | 18 | | are confined in the county
jail in such a manner that there | 19 | | will be no contact by sight, sound or
otherwise between the | 20 | | juvenile and adult prisoners.
| 21 | | (f) For purposes of appearing in a physical lineup, the | 22 | | minor may be taken
to a county jail or municipal lockup under | 23 | | the direct and constant supervision
of a juvenile police | 24 | | officer. During such time as is necessary to conduct a
lineup, | 25 | | and while supervised by a juvenile police officer, the sight | 26 | | and sound
separation provisions shall not apply.
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| 1 | | (g) For purposes of processing a minor, the minor may be | 2 | | taken to a county jail or municipal lockup under the direct and | 3 | | constant supervision of a law
enforcement officer or | 4 | | correctional officer. During such time as is necessary
to | 5 | | process the minor, and while supervised by a law enforcement | 6 | | officer or
correctional officer, the sight and sound | 7 | | separation provisions shall not
apply.
| 8 | | (3) If the probation officer or State's Attorney (or such | 9 | | other public
officer designated by the court in a county | 10 | | having 3,000,000 or more
inhabitants) determines that the | 11 | | minor may be a delinquent minor as described
in subsection (3) | 12 | | of Section 5-105, and should be retained in custody but does
| 13 | | not require
physical restriction, the minor may be placed in | 14 | | non-secure custody for up to
40 hours pending a detention | 15 | | hearing.
| 16 | | (4) Any minor taken into temporary custody, not requiring | 17 | | secure
detention, may, however, be detained in the home of his | 18 | | or her parent or
guardian subject to such conditions as the | 19 | | court may impose.
| 20 | | (5) The changes made to this Section by Public Act 98-61 | 21 | | apply to a minor who has been arrested or taken into custody on | 22 | | or after January 1, 2014 (the effective date of Public Act | 23 | | 98-61). | 24 | | (Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)
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