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90_HB1822
705 ILCS 405/1-4.1 from Ch. 37, par. 801-4.1
705 ILCS 405/5-7 from Ch. 37, par. 805-7
705 ILCS 405/5-10 from Ch. 37, par. 805-10
730 ILCS 5/3-15-2 from Ch. 38, par. 1003-15-2
730 ILCS 5/3-15-2.5 new
Amends the Juvenile Court Act to provide that minors
accused of a violation of an order of the court are not
subject to confinement in a jail, lockup, or regional
temporary holding facility; revises provisions concerning
confinement of minors in county jails in counties under
3,000,000, providing for confinement in a regional temporary
holding facility and providing that an initial adjudicatory
be held within 10 days (now 36 hours). Amends the Unified
Code of Corrections. Requires the Department of Corrections
to establish at least one experimental temporary holding
district. Effective immediately.
LRB9003247RCksA
LRB9003247RCksA
1 AN ACT concerning juveniles, which may be referred to as
2 the Juvenile Court Reform Amendments of 1997.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Juvenile Court Act of 1987 is amended by
6 changing Sections 1-4.1, 5-7, and 5-10 as follows:
7 (705 ILCS 405/1-4.1) (from Ch. 37, par. 801-4.1)
8 Sec. 1-4.1. Except for minors accused of violation of an
9 order of the court, any minor accused of any act under
10 federal or State law, or a municipal ordinance that would not
11 be illegal if committed by an adult, cannot be placed in a
12 jail, municipal lockup, detention center or secure
13 correctional facility. Minors accused of a violation of an
14 order of the court are not subject to confinement in a jail,
15 lockup, or regional temporary holding facility as defined in
16 Section 3-15-2.5 of the Unified Code of Corrections.
17 Confinement in a county jail of a minor accused of a
18 violation of an order of the court, or of a minor for whom
19 there is reasonable cause to believe that the minor is a
20 person described in Section 5-3, shall be in accordance with
21 the restrictions set forth in Sections 5-7 and 5-10 of this
22 Act.
23 (Source: P.A. 89-656, eff. 1-1-97.)
24 (705 ILCS 405/5-7) (from Ch. 37, par. 805-7)
25 Sec. 5-7. Temporary Custody.
26 (1) Shelter care. Any minor taken into temporary
27 custody pursuant to this Act who requires care away from his
28 or her home but who does not require physical restriction
29 shall be given temporary care in a foster family home or
30 other shelter facility designated by the court.
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1 (2) Detention.
2 (A) Any minor 10 years of age or older taken into
3 temporary custody pursuant to this Act where there is
4 reasonable cause to believe that the minor is a
5 delinquent minor and that (a) secured custody is a matter
6 of immediate and urgent necessity for the protection of
7 the minor or of the person or property of another, (b)
8 the minor is likely to flee the jurisdiction of the
9 court, or (c) the minor was taken into custody under a
10 warrant, may be kept or detained in an authorized
11 detention facility.
12 (B) The written authorization of the probation
13 officer (or such other public officer designated by the
14 court in a county having 3,000,000 or more inhabitants)
15 constitutes authority for the superintendent of any
16 juvenile detention home to detain and keep a minor for up
17 to 36 hours, excluding Saturdays, Sundays and
18 court-designated holidays. This Section shall in no way
19 be construed to limit Section 1-7.
20 (C) Confinement in a county jail or municipal
21 lockup. Except as otherwise provided in paragraph (C-1)
22 or (D), no minor shall be detained in a county jail or
23 municipal lockup for more than 6 hours. (i) The period
24 of detention is deemed to have begun once the minor has
25 been placed in a locked room or cell or handcuffed to a
26 stationary object in a building housing a county jail or
27 municipal lockup. Time spent transporting a minor is not
28 considered to be time in detention or secure custody.
29 (ii) Any minor so confined shall be under periodic
30 supervision and shall not be permitted to come into or
31 remain in contact with adults in custody in the building.
32 (iii) Upon placement in secure custody in a jail or
33 lockup, the minor shall be informed of the purpose of the
34 detention, the time it is expected to last and the fact
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1 that it cannot exceed 6 hours. (iv) A log shall be kept
2 which shows the offense which is the basis for the
3 detention, the reasons and circumstances for the decision
4 to detain and the length of time the minor was in
5 detention. (v) Violation of the 6-hour time limit on
6 detention in a county jail or municipal lockup shall not,
7 in and of itself, render inadmissible evidence obtained
8 as a result of the violation of this 6-hour time limit.
9 (vi) No minor under 16 years of age may be confined in a
10 jail or place ordinarily used for the confinement of
11 prisoners in a police station. Minors under 17 years of
12 age shall be kept separate from confined adults and may
13 not at any time be kept in the same cell, room or yard
14 with adults confined pursuant to criminal law.
15 (C-1) (a) If a minor age 12 or older is confined in
16 a regional temporary holding facility as defined in
17 Section 3-15-2.5 of the Unified Code of Corrections in a
18 county jail in a county with a population below 3,000,000
19 inhabitants, then the minor's confinement shall be
20 implemented in such a manner that there will be no
21 contact by sight, sound or otherwise between the minor
22 and adult prisoners. Minors age 12 or older must be kept
23 separate from confined adults and may not at any time be
24 kept in the same cell, room, or yard with confined
25 adults. This paragraph (C-1) (C-1)(a) shall only apply
26 to confinement pending an initial adjudicatory hearing
27 and shall not exceed 10 days, including 36 hours,
28 excluding Saturdays, Sundays and court designated
29 holidays. To accept or hold minors during this time
30 period, county jails shall comply with all standards for
31 regional temporary holding facilities providing for
32 programming and staffing dedicated to the juvenile
33 population of the facility and with all monitoring
34 standards for juvenile detention homes promulgated by the
-4- LRB9003247RCksA
1 Department of Corrections and training standards approved
2 by the Illinois Law Enforcement Training Standards Board.
3 (b) To accept or hold minors, 12 years of age or
4 older, after the time period prescribed in paragraph
5 (C-1) (a) of subsection (2) of this Section but not
6 exceeding 7 days including Saturdays, Sundays and
7 holidays pending an adjudicatory hearing, county jails
8 shall comply with all temporary detention standards
9 promulgated by the Department of Corrections and training
10 standards approved by the Illinois Law Enforcement
11 Training Standards Board.
12 (c) To accept or hold minors 12 years or older
13 after the time period prescribed in paragraphs (C-1)(a)
14 and (C-1)(b) of subsection (2) of this Section, county
15 jails shall comply with all programmatic and training
16 standards for juvenile detention homes promulgated by the
17 Department of Corrections.
18 (D) When a minor who is at least 15 years of age is
19 prosecuted under the Criminal Code of 1961, the court may
20 enter an order directing that the juvenile be confined in
21 the county jail. However, any juvenile confined in the
22 county jail under this provision shall be separated from
23 adults who are confined in the county jail in such a
24 manner that there will be no contact by sight, sound or
25 otherwise between the juvenile and adult prisoners. This
26 subsection (2)(D) shall not apply in a county having more
27 than 3 million inhabitants.
28 (3) Non-secure custody. If the probation officer (or
29 such other public officer designated by the court in a county
30 having 3,000,000 or more inhabitants) determines that the
31 minor may be a delinquent minor as described in Section 5-3,
32 and should be retained in custody but does not require
33 physical restriction, the minor may be placed in non-secure
34 custody for up to 36 hours pending a detention hearing.
-5- LRB9003247RCksA
1 (4) Home confinement. Any minor taken into temporary
2 custody, not requiring secure detention, may, however, be
3 detained in the home of his or her parent or guardian subject
4 to such conditions as the court may impose.
5 (Source: P.A. 89-656, eff. 1-1-97.)
6 (705 ILCS 405/5-10) (from Ch. 37, par. 805-10)
7 (Text of Section in effect until July 1, 1997)
8 Sec. 5-10. Detention or shelter care hearing. At the
9 appearance of the minor before the court at the detention or
10 shelter care hearing, all witnesses present shall be examined
11 before the court in relation to any matter connected with the
12 allegations made in the petition. No hearing may be held
13 unless the minor is represented by counsel.
14 (1) If the court finds that there is not probable cause
15 to believe that the minor is a delinquent minor it shall
16 release the minor and dismiss the petition.
17 (2) If the court finds that there is probable cause to
18 believe that the minor is a delinquent minor, the minor, his
19 or her parent, guardian, custodian and other persons able to
20 give relevant testimony shall be examined before the court.
21 After such testimony, the court may enter an order that the
22 minor shall be released upon the request of a parent,
23 guardian or custodian if the parent, guardian or custodian
24 appears to take custody. Custodian shall include any agency
25 of the State which has been given custody or wardship of the
26 child.
27 If the court finds that it is a matter of immediate and
28 urgent necessity for the protection of the minor or of the
29 person or property of another that the minor be detained or
30 placed in a shelter care facility or that he or she is likely
31 to flee the jurisdiction of the court, the court may
32 prescribe detention or shelter care and order that the minor
33 be kept in a suitable place designated by the court or in a
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1 shelter care facility designated by the Department of
2 Children and Family Services or a licensed child welfare
3 agency; otherwise it shall release the minor from custody. If
4 the court prescribes shelter care, then in placing the minor,
5 the Department or other agency shall, to the extent
6 compatible with the court's order, comply with Section 7 of
7 the Children and Family Services Act. In making the
8 determination of the existence of immediate and urgent
9 necessity, the court shall consider among other matters: (a)
10 the nature and seriousness of the alleged offense; (b) the
11 minor's record of delinquency offenses, including whether the
12 minor has delinquency cases pending; (c) the minor's record
13 of willful failure to appear following the issuance of a
14 summons or warrant; and (d) the availability of non-custodial
15 alternatives, including the presence of a parent, guardian or
16 other responsible relative able and willing to provide
17 supervision and care for the minor and to assure his or her
18 compliance with a summons. If the minor is ordered placed in
19 a shelter care facility of a licensed child welfare agency,
20 the court shall, upon request of the agency, appoint the
21 appropriate agency executive temporary custodian of the minor
22 and the court may enter such other orders related to the
23 temporary custody of the minor as it deems fit and proper.
24 The order together with the court's findings of fact in
25 support thereof shall be entered of record in the court.
26 Once the court finds that it is a matter of immediate and
27 urgent necessity for the protection of the minor that the
28 minor be placed in a shelter care facility, the minor shall
29 not be returned to the parent, custodian or guardian until
30 the court finds that such placement is no longer necessary
31 for the protection of the minor.
32 (3) If neither the parent, guardian, legal custodian,
33 responsible relative nor counsel of the minor has had actual
34 notice of or is present at the detention or shelter care
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1 hearing, he or she may file his or her affidavit setting
2 forth these facts, and the clerk shall set the matter for
3 rehearing not later than 24 hours, excluding Sundays and
4 legal holidays, after the filing of the affidavit. At the
5 rehearing, the court shall proceed in the same manner as
6 upon the original hearing.
7 (4) Only when there is reasonable cause to believe that
8 the minor taken into custody is a delinquent minor may the
9 minor be kept or detained in a juvenile detention home. This
10 Section shall in no way be construed to limit paragraph
11 subsection (5).
12 (5) Except as provided in paragraph subsection (5.1), no
13 minor under 16 years of age may be confined in a jail or
14 place ordinarily used for the confinement of prisoners in a
15 police station. Minors under 17 years of age must be kept
16 separate from confined adults and may not at any time be kept
17 in the same cell, room, or yard with adults confined pursuant
18 to the criminal law.
19 (5.1) (a) If a minor 12 years of age or older is
20 confined in a regional temporary holding facility as defined
21 in Section 3-15-2.5 of the Unified Code of Corrections in a
22 county jail, in a county with a population below 3,000,000
23 inhabitants, then the minor's confinement shall be
24 implemented in such a manner that there will be no contact by
25 sight, sound or otherwise between the minor and adult
26 prisoners. Minors 12 years of age or older must be kept
27 separate from confined adults and may not at any time be kept
28 in the same cell, room, or yard with confined adults. This
29 paragraph (5.1) (5.1)(a) shall only apply to confinement
30 pending an initial adjudicatory hearing and shall not exceed
31 10 days, including 36 hours, excluding Saturdays, Sundays,
32 and court designated holidays. To accept or hold minors
33 during this time period, county jails shall comply with all
34 standards for regional temporary holding facilities providing
-8- LRB9003247RCksA
1 for programming and staffing dedicated to the juvenile
2 population of the facility and with all monitoring standards
3 for juvenile detention homes promulgated by the Department of
4 Corrections and training standards approved by the Illinois
5 Law Enforcement Training Standards Board.
6 (b) To accept or hold minors, 12 years of age or older,
7 after the time period prescribed in paragraph (5.1)(a) of
8 this Section but not exceeding 7 days including Saturdays,
9 Sundays, and holidays, pending an adjudicatory hearing,
10 county jails shall comply with all temporary detention
11 standards promulgated by the Department of Corrections and
12 training standards approved by the Illinois Law Enforcement
13 Training Standards Board.
14 (c) To accept or hold minors 12 years of age or older,
15 after the time period prescribed in paragraphs (5.1)(a) and
16 (5.1)(b), county jails shall comply with all programmatic and
17 training standards for juvenile detention homes promulgated
18 by the Department of Corrections.
19 (6) If the minor is not brought before a judicial
20 officer within the time period as specified in Section 5-9,
21 the minor must immediately be released from custody.
22 (7) If neither the parent, guardian or custodian appears
23 within 24 hours to take custody of a minor released upon
24 request pursuant to subsection (2) of this Section, then the
25 clerk of the court shall set the matter for rehearing not
26 later than 7 days after the original order and shall issue a
27 summons directed to the parent, guardian or custodian to
28 appear. At the same time the probation department shall
29 prepare a report on the minor. If a parent, guardian or
30 custodian does not appear at such rehearing, the judge may
31 enter an order prescribing that the minor be kept in a
32 suitable place designated by the Department of Children and
33 Family Services or a licensed child welfare agency. The time
34 during which a minor is in custody after being released upon
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1 the request of a parent, guardian or custodian shall be
2 considered as time spent in detention.
3 (8) Any interested party, including the State, the
4 temporary custodian, an agency providing services to the
5 minor or family under a service plan pursuant to Section 8.2
6 of the Abused and Neglected Child Reporting Act, foster
7 parent, or any of their representatives, may file a motion to
8 modify or vacate a temporary custody order on any of the
9 following grounds:
10 (a) It is no longer a matter of immediate and urgent
11 necessity that the minor remain in detention or shelter care;
12 or
13 (b) There is a material change in the circumstances of
14 the natural family from which the minor was removed; or
15 (c) A person, including a parent, relative or legal
16 guardian, is capable of assuming temporary custody of the
17 minor; or
18 (d) Services provided by the Department of Children and
19 Family Services or a child welfare agency or other service
20 provider have been successful in eliminating the need for
21 temporary custody.
22 The clerk shall set the matter for hearing not later than
23 14 days after such motion is filed. In the event that the
24 court modifies or vacates a temporary custody order but does
25 not vacate its finding of probable cause, the court may order
26 that appropriate services be continued or initiated in behalf
27 of the minor and his or her family.
28 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-656, eff.
29 1-1-97; revised 9-12-96.)
30 (Text of Section taking effect July 1, 1997)
31 Sec. 5-10. Detention or shelter care hearing. At the
32 appearance of the minor before the court at the detention or
33 shelter care hearing, all witnesses present shall be examined
34 before the court in relation to any matter connected with the
-10- LRB9003247RCksA
1 allegations made in the petition. No hearing may be held
2 unless the minor is represented by counsel.
3 (1) If the court finds that there is not probable cause
4 to believe that the minor is a delinquent minor it shall
5 release the minor and dismiss the petition.
6 (2) If the court finds that there is probable cause to
7 believe that the minor is a delinquent minor, the minor, his
8 or her parent, guardian, custodian and other persons able to
9 give relevant testimony shall be examined before the court.
10 After such testimony, the court may enter an order that the
11 minor shall be released upon the request of a parent,
12 guardian or custodian if the parent, guardian or custodian
13 appears to take custody. Custodian shall include any agency
14 of the State which has been given custody or wardship of the
15 child.
16 If the court finds that it is a matter of immediate and
17 urgent necessity for the protection of the minor or of the
18 person or property of another that the minor be detained or
19 placed in a shelter care facility or that he or she is likely
20 to flee the jurisdiction of the court, the court may
21 prescribe detention or shelter care and order that the minor
22 be kept in a suitable place designated by the court or in a
23 shelter care facility designated by the Department of
24 Children and Family Services or a licensed child welfare
25 agency; otherwise it shall release the minor from custody. If
26 the court prescribes shelter care, then in placing the minor,
27 the Department or other agency shall, to the extent
28 compatible with the court's order, comply with Section 7 of
29 the Children and Family Services Act. In making the
30 determination of the existence of immediate and urgent
31 necessity, the court shall consider among other matters: (a)
32 the nature and seriousness of the alleged offense; (b) the
33 minor's record of delinquency offenses, including whether the
34 minor has delinquency cases pending; (c) the minor's record
-11- LRB9003247RCksA
1 of willful failure to appear following the issuance of a
2 summons or warrant; and (d) the availability of non-custodial
3 alternatives, including the presence of a parent, guardian or
4 other responsible relative able and willing to provide
5 supervision and care for the minor and to assure his or her
6 compliance with a summons. If the minor is ordered placed in
7 a shelter care facility of a licensed child welfare agency,
8 the court shall, upon request of the agency, appoint the
9 appropriate agency executive temporary custodian of the minor
10 and the court may enter such other orders related to the
11 temporary custody of the minor as it deems fit and proper.
12 The order together with the court's findings of fact in
13 support thereof shall be entered of record in the court.
14 Once the court finds that it is a matter of immediate and
15 urgent necessity for the protection of the minor that the
16 minor be placed in a shelter care facility, the minor shall
17 not be returned to the parent, custodian or guardian until
18 the court finds that such placement is no longer necessary
19 for the protection of the minor.
20 (3) If neither the parent, guardian, legal custodian,
21 responsible relative nor counsel of the minor has had actual
22 notice of or is present at the detention or shelter care
23 hearing, he or she may file his or her affidavit setting
24 forth these facts, and the clerk shall set the matter for
25 rehearing not later than 24 hours, excluding Sundays and
26 legal holidays, after the filing of the affidavit. At the
27 rehearing, the court shall proceed in the same manner as
28 upon the original hearing.
29 (4) Only when there is reasonable cause to believe that
30 the minor taken into custody is a delinquent minor may the
31 minor be kept or detained in a juvenile detention home. This
32 Section shall in no way be construed to limit paragraph
33 subsection (5).
34 (5) Except as provided in paragraph subsection (5.1), no
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1 minor under 16 years of age may be confined in a jail or
2 place ordinarily used for the confinement of prisoners in a
3 police station. Minors under 17 years of age must be kept
4 separate from confined adults and may not at any time be kept
5 in the same cell, room, or yard with adults confined pursuant
6 to the criminal law.
7 (5.1) (a) If a minor 12 years of age or older is
8 confined in a regional temporary holding facility as defined
9 in Section 3-15-2.5 of the Unified Code of Corrections in a
10 county jail, in a county with a population below 3,000,000
11 inhabitants, then the minor's confinement shall be
12 implemented in such a manner that there will be no contact by
13 sight, sound or otherwise between the minor and adult
14 prisoners. Minors 12 years of age or older must be kept
15 separate from confined adults and may not at any time be kept
16 in the same cell, room, or yard with confined adults. This
17 paragraph (5.1) (5.1)(a) shall only apply to confinement
18 pending an initial adjudicatory hearing and shall not exceed
19 10 days, including 36 hours, excluding Saturdays, Sundays,
20 and court designated holidays. To accept or hold minors
21 during this time period, county jails shall comply with all
22 standards for regional temporary holding facilities providing
23 for programming and staffing dedicated to the juvenile
24 population of the facility and with all monitoring standards
25 for juvenile detention homes promulgated by the Department of
26 Corrections and training standards approved by the Illinois
27 Law Enforcement Training Standards Board.
28 (b) To accept or hold minors, 12 years of age or older,
29 after the time period prescribed in paragraph (5.1)(a) of
30 this Section but not exceeding 7 days including Saturdays,
31 Sundays, and holidays, pending an adjudicatory hearing,
32 county jails shall comply with all temporary detention
33 standards promulgated by the Department of Corrections and
34 training standards approved by the Illinois Law Enforcement
-13- LRB9003247RCksA
1 Training Standards Board.
2 (c) To accept or hold minors 12 years of age or older,
3 after the time period prescribed in paragraphs (5.1)(a) and
4 (5.1)(b), county jails shall comply with all programmatic and
5 training standards for juvenile detention homes promulgated
6 by the Department of Corrections.
7 (6) If the minor is not brought before a judicial
8 officer within the time period as specified in Section 5-9,
9 the minor must immediately be released from custody.
10 (7) If neither the parent, guardian or custodian appears
11 within 24 hours to take custody of a minor released upon
12 request pursuant to subsection (2) of this Section, then the
13 clerk of the court shall set the matter for rehearing not
14 later than 7 days after the original order and shall issue a
15 summons directed to the parent, guardian or custodian to
16 appear. At the same time the probation department shall
17 prepare a report on the minor. If a parent, guardian or
18 custodian does not appear at such rehearing, the judge may
19 enter an order prescribing that the minor be kept in a
20 suitable place designated by the Department of Human Services
21 or a licensed child welfare agency. The time during which a
22 minor is in custody after being released upon the request of
23 a parent, guardian or custodian shall be considered as time
24 spent in detention.
25 (8) Any interested party, including the State, the
26 temporary custodian, an agency providing services to the
27 minor or family under a service plan pursuant to Section 8.2
28 of the Abused and Neglected Child Reporting Act, foster
29 parent, or any of their representatives, may file a motion to
30 modify or vacate a temporary custody order on any of the
31 following grounds:
32 (a) It is no longer a matter of immediate and urgent
33 necessity that the minor remain in detention or shelter care;
34 or
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1 (b) There is a material change in the circumstances of
2 the natural family from which the minor was removed; or
3 (c) A person, including a parent, relative or legal
4 guardian, is capable of assuming temporary custody of the
5 minor; or
6 (d) Services provided by the Department of Children and
7 Family Services or a child welfare agency or other service
8 provider have been successful in eliminating the need for
9 temporary custody.
10 The clerk shall set the matter for hearing not later than
11 14 days after such motion is filed. In the event that the
12 court modifies or vacates a temporary custody order but does
13 not vacate its finding of probable cause, the court may order
14 that appropriate services be continued or initiated in behalf
15 of the minor and his or her family.
16 (Source: P.A. 89-21, eff. 7-1-95; 89-422; 89-507, eff.
17 7-1-97; 89-656, eff. 1-1-97; revised 9-12-96.)
18 Section 25. The Unified Code of Corrections is amended by
19 changing Section 3-15-2 and adding Section 3-15-2.5 as
20 follows:
21 (730 ILCS 5/3-15-2) (from Ch. 38, par. 1003-15-2)
22 Sec. 3-15-2. Standards and Assistance to Local Jails and
23 Detention and Shelter Care Facilities.
24 (a) The Department shall establish for the operation of
25 county and municipal jails and houses of correction, and
26 county juvenile detention and shelter care facilities
27 established pursuant to the "County Shelter Care and
28 Detention Home Act", minimum standards for the physical
29 condition of such institutions and for the treatment of
30 inmates with respect to their health and safety and the
31 security of the community.
32 Such standards shall not apply to county shelter care
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1 facilities which were in operation prior to January 1, 1980.
2 Such standards shall not seek to mandate minimum floor space
3 requirements for each inmate housed in cells and detention
4 rooms in county and municipal jails and houses of correction.
5 However, no more than two inmates may be housed in a single
6 cell or detention room.
7 When an inmate is tested for an airborne communicable
8 disease, as determined by the Illinois Department of Public
9 Health including but not limited to tuberculosis, the results
10 of the test shall be personally delivered by the warden or
11 his or her designee in a sealed envelope to the judge of the
12 court in which the inmate must appear for the judge's
13 inspection in camera if requested by the judge. Acting in
14 accordance with the best interests of those in the courtroom,
15 the judge shall have the discretion to determine what if any
16 precautions need to be taken to prevent transmission of the
17 disease in the courtroom.
18 (b) At least once each year, the Department may inspect
19 each adult facility for compliance with the standards
20 established and the results of such inspection shall be made
21 available by the Department for public inspection. At least
22 once each year, the Department shall inspect each county
23 juvenile detention and shelter care facility for compliance
24 with the standards established, and the Department shall make
25 the results of such inspections available for public
26 inspection. If any detention, shelter care or correctional
27 facility does not comply with the standards established, the
28 Director of Corrections shall give notice to the county board
29 and the sheriff or the corporate authorities of the
30 municipality, as the case may be, of such noncompliance,
31 specifying the particular standards that have not been met by
32 such facility. If the facility is not in compliance with such
33 standards when six months have elapsed from the giving of
34 such notice, the Director of Corrections may petition the
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1 appropriate court for an order requiring such facility to
2 comply with the standards established by the Department or
3 for other appropriate relief.
4 (c) The Department may provide consultation services for
5 the design, construction, programs and administration of
6 detention, shelter care, and correctional facilities and
7 services for children and adults operated by counties and
8 municipalities and may make studies and surveys of the
9 programs and the administration of such facilities. Personnel
10 of the Department shall be admitted to these facilities as
11 required for such purposes. The Department may develop and
12 administer programs of grants-in-aid for correctional
13 services in cooperation with local agencies. The Department
14 may provide courses of training for the personnel of such
15 institutions and conduct pilot projects in the institutions.
16 (d) The Department is authorized to issue reimbursement
17 grants for counties, municipalities or public building
18 commissions for the purpose of meeting minimum correctional
19 facilities standards set by the Department under this
20 Section. Grants may be issued only for projects that were
21 completed after July 1, 1980 and initiated prior to January
22 1, 1987.
23 (1) Grants for regional correctional facilities
24 shall not exceed 90% of the project costs or $7,000,000,
25 whichever is less.
26 (2) Grants for correctional facilities by a single
27 county, municipality or public building commission shall
28 not exceed 75% of the proposed project costs or
29 $4,000,000, whichever is less.
30 (3) As used in this subsection (d), "project" means
31 only that part of a facility that is constructed for
32 jail, correctional or detention purposes and does not
33 include other areas of multi-purpose buildings.
34 Construction or renovation grants are authorized to be
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1 issued by the Capital Development Board from capital
2 development bond funds after application by a county or
3 counties, municipality or municipalities or public building
4 commission or commissions and approval of a construction or
5 renovation grant by the Department for projects initiated
6 after January 1, 1987.
7 (e) The Department shall adopt standards for county
8 jails to hold juveniles on a temporary basis, to serve as a
9 regional temporary holding facility as defined in Section
10 3-15-2.5, as provided in Sections 5-7 and 5-10 of the
11 Juvenile Court Act of 1987. These standards shall include
12 programming, staffing, educational, recreational, and
13 disciplinary standards as well as access to medical services,
14 crisis intervention, mental health services, suicide
15 prevention, health care, nutritional needs, and visitation
16 rights. The standards shall ensure that programs and staff
17 in a regional temporary holding facility are dedicated solely
18 to the juveniles temporarily held in the facility. The
19 Department shall also notify any county applying to hold
20 juveniles in a county jail of the monitoring and program
21 standards for juvenile detention facilities under paragraphs
22 (C-1)(a) and (C-1)(c) of subsection (2) of Section 5-7 and
23 paragraphs (5.1)(a) and (5.1)(c) of Section 5-10 of the
24 Juvenile Court Act of 1987.
25 (Source: P.A. 89-64, eff. 1-1-96; 89-477, eff. 6-18-96;
26 89-656, eff. 8-14-96; revised 8-19-96.)
27 (730 ILCS 5/3-15-2.5 new)
28 Sec. 3-15-2.5. Experimental juvenile regional temporary
29 holding district.
30 (a) As used in this Section, "regional temporary holding
31 facility" means a county jail that serves a multi-county
32 region and meets the following criteria:
33 (1) Juveniles confined in the jail can be separated
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1 from adult prisoners in such a manner that there will be
2 no contact between a juvenile and an adult prisoner by
3 sight, sound, or otherwise.
4 (2) The jail has separate staff and programs for
5 juveniles.
6 (3) The jail complies with standards for regional
7 temporary holding facilities adopted by the Department
8 and with training standards approved by the Illinois Law
9 Enforcement Training Standards Board.
10 (b) A regional temporary holding facility may hold
11 juveniles age 12 or older for not more than 10 days,
12 including Saturdays, Sundays, and court-designated holidays,
13 pending an initial adjudicatory hearing under the Juvenile
14 Court Act of 1987. A minor accused of a violation of an
15 order of the court is not subject to confinement in a
16 regional temporary holding facility.
17 (c) The Department shall establish at least one
18 experimental temporary holding district in the State. The
19 Department shall fix the boundaries of the district by
20 February 28, 1998. Within 30 days after the Department
21 establishes the district, the Department shall file, with the
22 county clerk of each county in which a portion of the
23 territory of the district lies, a map showing the territory
24 encompassed by the district.
25 (d) A board appointed as provided in this subsection
26 shall develop and implement a plan for organizing the
27 district. The Governor shall appoint one member of the
28 board, and that person shall be the chairperson of the board.
29 The Director of Corrections and the chairperson of the
30 Illinois Juvenile Justice Commission shall each appoint one
31 member of the board. The county board of each county in
32 which a portion of the territory of the district lies shall
33 appoint one member of the board. Board members shall serve
34 without compensation but may be reimbursed for their actual
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1 expenses incurred in performing their duties.
2 The board shall gather information and make
3 recommendations relating to planning, organizing, funding,
4 and implementing the experimental regional temporary holding
5 district, taking into consideration (i) the provisions in
6 Section 3-15-2 of this Code concerning standards for regional
7 juvenile temporary holding facilities and
8 (ii) recommendations of the Detention Workgroup of the
9 Interagency Authority on Residential Facilities for Children.
10 The board also shall develop a regional continuum of
11 community-based services and sanctions to serve as
12 alternatives to placement of juveniles in detention.
13 The board shall submit a preliminary report of its
14 findings and recommendations to the Governor and the General
15 Assembly by September 1, 1998.
16 Section 95. Severability. The provisions of this
17 amendatory Act of 1997 are severable under Section 1.31 of
18 the Statute on Statutes.
19 Section 96. No acceleration or delay. Where this Act
20 makes changes in a statute that is represented in this Act by
21 text that is not yet or no longer in effect (for example, a
22 Section represented by multiple versions), the use of that
23 text does not accelerate or delay the taking effect of (i)
24 the changes made by this Act or (ii) provisions derived from
25 any other Public Act.
26 Section 99. Effective date. This Act takes effect upon
27 becoming law.