Full Text of HB4869 98th General Assembly
HB4869ham001 98TH GENERAL ASSEMBLY | Rep. Brian W. Stewart Filed: 4/8/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4869
| 2 | | AMENDMENT NO. ______. Amend House Bill 4869 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Section 5-501 as follows:
| 6 | | (705 ILCS 405/5-501)
| 7 | | Sec. 5-501. Detention or shelter care hearing. At the | 8 | | appearance of the minor before the court at the detention or | 9 | | shelter
care hearing,
the court shall receive all relevant | 10 | | information and evidence, including
affidavits concerning the | 11 | | allegations made in the petition. Evidence used by
the court in | 12 | | its findings or stated in or offered in connection with this
| 13 | | Section may be by way of proffer based on reliable information | 14 | | offered by the
State or minor. All evidence shall be admissible | 15 | | if it is relevant and
reliable regardless of whether it would | 16 | | be admissible under the rules of
evidence applicable at a |
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| 1 | | trial. No hearing may be held unless the minor is
represented | 2 | | by counsel and no hearing shall be held until the minor has had | 3 | | adequate opportunity to consult with counsel.
| 4 | | (1) If the court finds that there is not probable cause to | 5 | | believe that the
minor is a delinquent minor it shall release | 6 | | the minor and dismiss the
petition.
| 7 | | (2) If the court finds that there is probable cause to | 8 | | believe that the
minor is a
delinquent minor, the minor, his or | 9 | | her parent, guardian, custodian and other
persons able to give | 10 | | relevant testimony may be examined before the court. The
court | 11 | | may also consider any evidence by way of proffer based upon | 12 | | reliable
information offered by the State or the minor. All | 13 | | evidence, including
affidavits, shall be admissible if it is | 14 | | relevant and reliable regardless of
whether it would be | 15 | | admissible under the rules of evidence applicable at trial.
| 16 | | After such evidence is presented, the court may enter an order | 17 | | that the minor
shall be released upon the request of a parent, | 18 | | guardian or legal custodian if
the parent, guardian or | 19 | | custodian appears to take custody.
| 20 | | If the court finds that it is a matter of immediate and | 21 | | urgent necessity for
the protection of the minor or of the | 22 | | person or property of another that the
minor be detained or | 23 | | placed in a
shelter care facility or that he or she is likely | 24 | | to flee the jurisdiction of
the court, the court may prescribe | 25 | | detention or shelter care and order that the
minor be kept in a | 26 | | suitable place designated by the court or in a shelter care
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| 1 | | facility designated by the Department of Children and Family | 2 | | Services or a
licensed child welfare agency; otherwise it shall | 3 | | release the minor from
custody. If the court prescribes shelter | 4 | | care, then in placing the minor, the
Department or other agency | 5 | | shall, to the extent compatible with the court's
order, comply | 6 | | with Section 7 of the Children and Family Services Act. In
| 7 | | making the determination of the existence of immediate and | 8 | | urgent necessity,
the court shall consider among other matters: | 9 | | (a) the nature and seriousness of
the alleged offense; (b) the | 10 | | minor's record of delinquency offenses,
including whether the | 11 | | minor has delinquency cases pending; (c) the minor's
record of | 12 | | willful failure to appear following the issuance of a summons | 13 | | or
warrant; (d) the availability of non-custodial | 14 | | alternatives, including the
presence of a parent, guardian or | 15 | | other responsible relative able and willing
to provide | 16 | | supervision and care for the minor and to assure his or her
| 17 | | compliance with a summons. If the minor is ordered placed in a | 18 | | shelter care
facility of a licensed child welfare agency, the | 19 | | court shall, upon request of
the agency, appoint the | 20 | | appropriate agency executive temporary custodian of the
minor | 21 | | and the court may enter such other orders related to the | 22 | | temporary
custody of the minor as it deems fit and proper.
| 23 | | The order together with the court's findings of fact in | 24 | | support of the order
shall
be entered
of record in the court.
| 25 | | Once the court finds that it is a matter of immediate and | 26 | | urgent necessity
for the protection of the minor that the minor |
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| 1 | | be placed in a shelter care
facility, the minor shall not be | 2 | | returned to the parent, custodian or guardian
until the court | 3 | | finds that the placement is no longer necessary for the
| 4 | | protection of the minor.
| 5 | | (3) Only when there is reasonable cause to believe that the | 6 | | minor taken
into custody is a delinquent minor may the minor be | 7 | | kept or detained in a
facility authorized for juvenile | 8 | | detention. This Section shall in no way be
construed to limit
| 9 | | subsection (4).
| 10 | | (4) Minors 12 years of age or older must be kept separate | 11 | | from confined
adults and may not at any time be kept in the | 12 | | same cell, room or yard with
confined adults. This paragraph | 13 | | (4):
| 14 | | (a) shall only apply to confinement pending an | 15 | | adjudicatory hearing
and
shall not exceed 40 hours, | 16 | | excluding Saturdays, Sundays, and court designated
| 17 | | holidays. To accept or hold minors during this time period, | 18 | | county jails shall
comply with all monitoring standards for | 19 | | juvenile detention homes promulgated
by the Department of | 20 | | Corrections and training standards approved by the
| 21 | | Illinois Law Enforcement Training Standards Board.
| 22 | | (b) To accept or hold minors, 12 years of age or older, | 23 | | after the time
period prescribed in clause (a) of | 24 | | subsection (4) of this Section but not
exceeding 7
days | 25 | | including Saturdays, Sundays, and holidays, pending an | 26 | | adjudicatory
hearing, county jails shall comply with all |
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| 1 | | temporary detention standards
promulgated by
the | 2 | | Department of Corrections and training standards approved | 3 | | by the Illinois
Law Enforcement Training Standards Board.
| 4 | | (c) To accept or hold minors 12 years of age or older, | 5 | | after the time
period prescribed in clause (a) and (b), of | 6 | | this subsection county jails shall
comply with all | 7 | | programmatic and training standards for juvenile detention
| 8 | | homes promulgated by the Department of Corrections.
| 9 | | (5) If the minor is not brought before a judicial officer | 10 | | within the time
period as specified in Section 5-415 the minor | 11 | | must immediately be released
from
custody.
| 12 | | (6) If neither the parent, guardian or legal custodian | 13 | | appears within 24
hours to take custody of a minor released | 14 | | from detention or shelter care, then
the clerk of the court | 15 | | shall set the matter for rehearing not later than 7 days
after | 16 | | the original order and shall issue a summons directed to the | 17 | | parent,
guardian or legal custodian to appear. At the same time | 18 | | the probation
department shall prepare a report on the minor. | 19 | | If a parent, guardian or legal
custodian does not appear at | 20 | | such rehearing, the judge may enter an order
prescribing that | 21 | | the minor be kept in a suitable place designated by the
| 22 | | Department of Human Services or a licensed child welfare | 23 | | agency.
The time during which a minor is in custody after being | 24 | | released upon the
request of a parent, guardian or legal | 25 | | custodian shall be considered as time
spent in detention for | 26 | | purposes of scheduling the trial.
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| 1 | | (7) Any party, including the State, the temporary | 2 | | custodian, an agency
providing services to the minor or family | 3 | | under a service plan pursuant to
Section 8.2 of the Abused and | 4 | | Neglected Child Reporting Act, foster parent, or
any of their | 5 | | representatives, may file a
motion to modify or vacate a | 6 | | temporary custody order or vacate a detention or
shelter care | 7 | | order on any of the following grounds:
| 8 | | (a) It is no longer a matter of immediate and urgent | 9 | | necessity that the
minor remain in detention or shelter | 10 | | care; or
| 11 | | (b) There is a material change in the circumstances of | 12 | | the natural family
from which the minor was removed; or
| 13 | | (c) A person, including a parent, relative or legal | 14 | | guardian, is capable
of assuming temporary custody of the | 15 | | minor; or
| 16 | | (d) Services provided by the Department of Children and | 17 | | Family Services
or a
child welfare agency or other service | 18 | | provider have been successful in
eliminating the need for | 19 | | temporary custody.
| 20 | | The clerk shall set the matter for hearing not later than | 21 | | 14 days after such
motion is filed. In the event that the court | 22 | | modifies or vacates a temporary
order but does not vacate its | 23 | | finding of probable cause, the court may order
that appropriate | 24 | | services be continued or initiated in behalf of the minor and
| 25 | | his or her family.
| 26 | | (8) Whenever a petition has been filed under Section 5-520 |
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| 1 | | the court can,
at
any time prior to trial or sentencing, order | 2 | | that the minor be placed in
detention or a shelter care | 3 | | facility after the court conducts a hearing and
finds that the | 4 | | conduct and behavior of the minor may endanger the health,
| 5 | | person, welfare, or property of himself or others or that the | 6 | | circumstances
of his or her home environment may endanger his | 7 | | or her health, person, welfare
or property.
| 8 | | (9) Whenever the appearance in person in court, in either a | 9 | | detention or shelter care hearing, is required of a minor held | 10 | | in a place of custody or confinement operated by the State, the | 11 | | court may permit the personal appearance of the minor to be | 12 | | made by means of two-way audio-visual communication, including | 13 | | closed circuit television or computerized video conference. | 14 | | The two-way audio-visual communication facilities must provide | 15 | | two-way audio-visual communication between the court and the | 16 | | place of custody or confinement, and must include a secure line | 17 | | over which the minor in custody and his or her counsel, may | 18 | | communicate. | 19 | | (Source: P.A. 95-846, eff. 1-1-09.)".
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