Illinois General Assembly - Full Text of HB4869
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Full Text of HB4869  98th General Assembly



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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 Section 5-501 as follows:
6    (705 ILCS 405/5-501)
7    Sec. 5-501. Detention or shelter care hearing. At the
8appearance of the minor before the court at the detention or
9shelter care hearing, the court shall receive all relevant
10information and evidence, including affidavits concerning the
11allegations made in the petition. Evidence used by the court in
12its findings or stated in or offered in connection with this
13Section may be by way of proffer based on reliable information
14offered by the State or minor. All evidence shall be admissible
15if it is relevant and reliable regardless of whether it would
16be admissible under the rules of evidence applicable at a
17trial. No hearing may be held unless the minor is represented
18by counsel and no hearing shall be held until the minor has had
19adequate opportunity to consult with counsel.
20    (1) If the court finds that there is not probable cause to
21believe that the minor is a delinquent minor it shall release
22the minor and dismiss the petition.
23    (2) If the court finds that there is probable cause to



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1believe that the minor is a delinquent minor, the minor, his or
2her parent, guardian, custodian and other persons able to give
3relevant testimony may be examined before the court. The court
4may also consider any evidence by way of proffer based upon
5reliable information offered by the State or the minor. All
6evidence, including affidavits, shall be admissible if it is
7relevant and reliable regardless of whether it would be
8admissible under the rules of evidence applicable at trial.
9After such evidence is presented, the court may enter an order
10that the minor shall be released upon the request of a parent,
11guardian or legal custodian if the parent, guardian or
12custodian appears to take custody.
13    If the court finds that it is a matter of immediate and
14urgent necessity for the protection of the minor or of the
15person or property of another that the minor be detained or
16placed in a shelter care facility or that he or she is likely
17to flee the jurisdiction of the court, the court may prescribe
18detention or shelter care and order that the minor be kept in a
19suitable place designated by the court or in a shelter care
20facility designated by the Department of Children and Family
21Services or a licensed child welfare agency; otherwise it shall
22release the minor from custody. If the court prescribes shelter
23care, then in placing the minor, the Department or other agency
24shall, to the extent compatible with the court's order, comply
25with Section 7 of the Children and Family Services Act. In
26making the determination of the existence of immediate and



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1urgent necessity, the court shall consider among other matters:
2(a) the nature and seriousness of the alleged offense; (b) the
3minor's record of delinquency offenses, including whether the
4minor has delinquency cases pending; (c) the minor's record of
5willful failure to appear following the issuance of a summons
6or warrant; (d) the availability of non-custodial
7alternatives, including the presence of a parent, guardian or
8other responsible relative able and willing to provide
9supervision and care for the minor and to assure his or her
10compliance with a summons. If the minor is ordered placed in a
11shelter care facility of a licensed child welfare agency, the
12court shall, upon request of the agency, appoint the
13appropriate agency executive temporary custodian of the minor
14and the court may enter such other orders related to the
15temporary custody of the minor as it deems fit and proper.
16    The order together with the court's findings of fact in
17support of the order shall be entered of record in the court.
18    Once the court finds that it is a matter of immediate and
19urgent necessity for the protection of the minor that the minor
20be placed in a shelter care facility, the minor shall not be
21returned to the parent, custodian or guardian until the court
22finds that the placement is no longer necessary for the
23protection of the minor.
24    (3) Only when there is reasonable cause to believe that the
25minor taken into custody is a delinquent minor may the minor be
26kept or detained in a facility authorized for juvenile



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1detention. This Section shall in no way be construed to limit
2subsection (4).
3    (4) Minors 12 years of age or older must be kept separate
4from confined adults and may not at any time be kept in the
5same cell, room or yard with confined adults. This paragraph
7        (a) shall only apply to confinement pending an
8    adjudicatory hearing and shall not exceed 40 hours,
9    excluding Saturdays, Sundays, and court designated
10    holidays. To accept or hold minors during this time period,
11    county jails shall comply with all monitoring standards for
12    juvenile detention homes promulgated by the Department of
13    Corrections and training standards approved by the
14    Illinois Law Enforcement Training Standards Board.
15        (b) To accept or hold minors, 12 years of age or older,
16    after the time period prescribed in clause (a) of
17    subsection (4) of this Section but not exceeding 7 days
18    including Saturdays, Sundays, and holidays, pending an
19    adjudicatory hearing, county jails shall comply with all
20    temporary detention standards promulgated by the
21    Department of Corrections and training standards approved
22    by the Illinois Law Enforcement Training Standards Board.
23        (c) To accept or hold minors 12 years of age or older,
24    after the time period prescribed in clause (a) and (b), of
25    this subsection county jails shall comply with all
26    programmatic and training standards for juvenile detention



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1    homes promulgated by the Department of Corrections.
2    (5) If the minor is not brought before a judicial officer
3within the time period as specified in Section 5-415 the minor
4must immediately be released from custody.
5    (6) If neither the parent, guardian or legal custodian
6appears within 24 hours to take custody of a minor released
7from detention or shelter care, then the clerk of the court
8shall set the matter for rehearing not later than 7 days after
9the original order and shall issue a summons directed to the
10parent, guardian or legal custodian to appear. At the same time
11the probation department shall prepare a report on the minor.
12If a parent, guardian or legal custodian does not appear at
13such rehearing, the judge may enter an order prescribing that
14the minor be kept in a suitable place designated by the
15Department of Human Services or a licensed child welfare
16agency. The time during which a minor is in custody after being
17released upon the request of a parent, guardian or legal
18custodian shall be considered as time spent in detention for
19purposes of scheduling the trial.
20    (7) Any party, including the State, the temporary
21custodian, an agency providing services to the minor or family
22under a service plan pursuant to Section 8.2 of the Abused and
23Neglected Child Reporting Act, foster parent, or any of their
24representatives, may file a motion to modify or vacate a
25temporary custody order or vacate a detention or shelter care
26order on any of the following grounds:



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1        (a) It is no longer a matter of immediate and urgent
2    necessity that the minor remain in detention or shelter
3    care; or
4        (b) There is a material change in the circumstances of
5    the natural family from which the minor was removed; or
6        (c) A person, including a parent, relative or legal
7    guardian, is capable of assuming temporary custody of the
8    minor; or
9        (d) Services provided by the Department of Children and
10    Family Services or a child welfare agency or other service
11    provider have been successful in eliminating the need for
12    temporary custody.
13    The clerk shall set the matter for hearing not later than
1414 days after such motion is filed. In the event that the court
15modifies or vacates a temporary order but does not vacate its
16finding of probable cause, the court may order that appropriate
17services be continued or initiated in behalf of the minor and
18his or her family.
19    (8) Whenever a petition has been filed under Section 5-520
20the court can, at any time prior to trial or sentencing, order
21that the minor be placed in detention or a shelter care
22facility after the court conducts a hearing and finds that the
23conduct and behavior of the minor may endanger the health,
24person, welfare, or property of himself or others or that the
25circumstances of his or her home environment may endanger his
26or her health, person, welfare or property.



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1    (9) Whenever the appearance in person in court, in either a
2detention or shelter care hearing, is required of a minor held
3in a place of custody or confinement operated by the State, the
4court may permit the personal appearance of the minor to be
5made by means of two-way audio-visual communication, including
6closed circuit television or computerized video conference.
7The two-way audio-visual communication facilities must provide
8two-way audio-visual communication between the court and the
9place of custody or confinement, and must include a secure line
10over which the minor in custody and his or her counsel, may
12(Source: P.A. 95-846, eff. 1-1-09.)