Public Act 095-0846
 
SB2118 Enrolled LRB095 17565 RLC 43639 b

    AN ACT concerning courts.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Juvenile Court Act of 1987 is amended by
changing Sections 5-415 and 5-501 as follows:
 
    (705 ILCS 405/5-415)
    Sec. 5-415. Setting of detention or shelter care hearing;
release.
    (1) Unless sooner released, a minor alleged to be a
delinquent minor taken into temporary custody must be brought
before a judicial officer within 40 hours for a detention or
shelter care hearing to determine whether he or she shall be
further held in custody. If a minor alleged to be a delinquent
minor taken into custody is hospitalized or is receiving
treatment for a physical or mental condition, and is unable to
be brought before a judicial officer for a detention or shelter
care hearing, the 40 hour period will not commence until the
minor is released from the hospital or place of treatment. If
the minor gives false information to law enforcement officials
regarding the minor's identity or age, the 40 hour period will
not commence until the court rules that the minor is subject to
this Act and not subject to prosecution under the Criminal Code
of 1961. Any other delay attributable to a minor alleged to be
a delinquent minor who is taken into temporary custody shall
act to toll the 40 hour time period. The 40 hour time period
shall be tolled to allow counsel for the minor to prepare for
the detention or shelter care hearing, upon a motion filed by
such counsel and granted by the court. In all cases, the 40
hour time period is exclusive of Saturdays, Sundays and
court-designated holidays.
    (2) If the State's Attorney or probation officer (or other
public officer designated by the court in a county having more
than 3,000,000 inhabitants) determines that the minor should be
retained in custody, he or she shall cause a petition to be
filed as provided in Section 5-520 of this Article, and the
clerk of the court shall set the matter for hearing on the
detention or shelter care hearing calendar. Immediately upon
the filing of a petition in the case of a minor retained in
custody, the court shall cause counsel to be appointed to
represent the minor. When a parent, legal guardian, custodian,
or responsible relative is present and so requests, the
detention or shelter care hearing shall be held immediately if
the court is in session and the State is ready to proceed,
otherwise at the earliest feasible time. In no event shall a
detention or shelter care hearing be held until the minor has
had adequate opportunity to consult with counsel. The probation
officer or such other public officer designated by the court in
a county having more than 3,000,000 inhabitants shall notify
the minor's parent, legal guardian, custodian, or responsible
relative of the time and place of the hearing. The notice may
be given orally.
    (3) The minor must be released from custody at the
expiration of the 40 hour period specified by this Section if
not brought before a judicial officer within that period.
    (4) After the initial 40 hour period has lapsed, the court
may review the minor's custodial status at any time prior to
the trial or sentencing hearing. If during this time period new
or additional information becomes available concerning the
minor's conduct, the court may conduct a hearing to determine
whether the minor should be placed in a detention or shelter
care facility. If the court finds that there is probable cause
that the minor is a delinquent minor and that it is a matter of
immediate and urgent necessity for the protection of the minor
or of the person or property of another, or that he or she is
likely to flee the jurisdiction of the court, the court may
order that the minor be placed in detention or shelter care.
(Source: P.A. 90-590, eff. 1-1-99.)
 
    (705 ILCS 405/5-501)
    Sec. 5-501. Detention or shelter care hearing. At the
appearance of the minor before the court at the detention or
shelter care hearing, the court shall receive all relevant
information and evidence, including affidavits concerning the
allegations made in the petition. Evidence used by the court in
its findings or stated in or offered in connection with this
Section may be by way of proffer based on reliable information
offered by the State or minor. All evidence shall be admissible
if it is relevant and reliable regardless of whether it would
be admissible under the rules of evidence applicable at a
trial. No hearing may be held unless the minor is represented
by counsel and no hearing shall be held until the minor has had
adequate opportunity to consult with counsel.
    (1) If the court finds that there is not probable cause to
believe that the minor is a delinquent minor it shall release
the minor and dismiss the petition.
    (2) If the court finds that there is probable cause to
believe that the minor is a delinquent minor, the minor, his or
her parent, guardian, custodian and other persons able to give
relevant testimony may be examined before the court. The court
may also consider any evidence by way of proffer based upon
reliable information offered by the State or the minor. All
evidence, including affidavits, shall be admissible if it is
relevant and reliable regardless of whether it would be
admissible under the rules of evidence applicable at trial.
After such evidence is presented, the court may enter an order
that the minor shall be released upon the request of a parent,
guardian or legal custodian if the parent, guardian or
custodian appears to take custody.
    If the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor or of the
person or property of another that the minor be detained or
placed in a shelter care facility or that he or she is likely
to flee the jurisdiction of the court, the court may prescribe
detention or shelter care and order that the minor be kept in a
suitable place designated by the court or in a shelter care
facility designated by the Department of Children and Family
Services or a licensed child welfare agency; otherwise it shall
release the minor from custody. If the court prescribes shelter
care, then in placing the minor, the Department or other agency
shall, to the extent compatible with the court's order, comply
with Section 7 of the Children and Family Services Act. In
making the determination of the existence of immediate and
urgent necessity, the court shall consider among other matters:
(a) the nature and seriousness of the alleged offense; (b) the
minor's record of delinquency offenses, including whether the
minor has delinquency cases pending; (c) the minor's record of
willful failure to appear following the issuance of a summons
or warrant; (d) the availability of non-custodial
alternatives, including the presence of a parent, guardian or
other responsible relative able and willing to provide
supervision and care for the minor and to assure his or her
compliance with a summons. If the minor is ordered placed in a
shelter care facility of a licensed child welfare agency, the
court shall, upon request of the agency, appoint the
appropriate agency executive temporary custodian of the minor
and the court may enter such other orders related to the
temporary custody of the minor as it deems fit and proper.
    The order together with the court's findings of fact in
support of the order shall be entered of record in the court.
    Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the minor
be placed in a shelter care facility, the minor shall not be
returned to the parent, custodian or guardian until the court
finds that the placement is no longer necessary for the
protection of the minor.
    (3) Only when there is reasonable cause to believe that the
minor taken into custody is a delinquent minor may the minor be
kept or detained in a facility authorized for juvenile
detention. This Section shall in no way be construed to limit
subsection (4).
    (4) Minors 12 years of age or older must be kept separate
from confined adults and may not at any time be kept in the
same cell, room or yard with confined adults. This paragraph
(4):
        (a) shall only apply to confinement pending an
    adjudicatory hearing and shall not exceed 40 hours,
    excluding Saturdays, Sundays, and court designated
    holidays. To accept or hold minors during this time period,
    county jails shall comply with all monitoring standards for
    juvenile detention homes promulgated by the Department of
    Corrections and training standards approved by the
    Illinois Law Enforcement Training Standards Board.
        (b) To accept or hold minors, 12 years of age or older,
    after the time period prescribed in clause (a) of
    subsection (4) of this Section but not exceeding 7 days
    including Saturdays, Sundays, and holidays, pending an
    adjudicatory hearing, county jails shall comply with all
    temporary detention standards promulgated by the
    Department of Corrections and training standards approved
    by the Illinois Law Enforcement Training Standards Board.
        (c) To accept or hold minors 12 years of age or older,
    after the time period prescribed in clause (a) and (b), of
    this subsection county jails shall comply with all
    programmatic and training standards for juvenile detention
    homes promulgated by the Department of Corrections.
    (5) If the minor is not brought before a judicial officer
within the time period as specified in Section 5-415 the minor
must immediately be released from custody.
    (6) If neither the parent, guardian or legal custodian
appears within 24 hours to take custody of a minor released
from detention or shelter care, then the clerk of the court
shall set the matter for rehearing not later than 7 days after
the original order and shall issue a summons directed to the
parent, guardian or legal custodian to appear. At the same time
the probation department shall prepare a report on the minor.
If a parent, guardian or legal custodian does not appear at
such rehearing, the judge may enter an order prescribing that
the minor be kept in a suitable place designated by the
Department of Human Services or a licensed child welfare
agency. The time during which a minor is in custody after being
released upon the request of a parent, guardian or legal
custodian shall be considered as time spent in detention for
purposes of scheduling the trial.
    (7) Any party, including the State, the temporary
custodian, an agency providing services to the minor or family
under a service plan pursuant to Section 8.2 of the Abused and
Neglected Child Reporting Act, foster parent, or any of their
representatives, may file a motion to modify or vacate a
temporary custody order or vacate a detention or shelter care
order on any of the following grounds:
        (a) It is no longer a matter of immediate and urgent
    necessity that the minor remain in detention or shelter
    care; or
        (b) There is a material change in the circumstances of
    the natural family from which the minor was removed; or
        (c) A person, including a parent, relative or legal
    guardian, is capable of assuming temporary custody of the
    minor; or
        (d) Services provided by the Department of Children and
    Family Services or a child welfare agency or other service
    provider have been successful in eliminating the need for
    temporary custody.
    The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the court
modifies or vacates a temporary order but does not vacate its
finding of probable cause, the court may order that appropriate
services be continued or initiated in behalf of the minor and
his or her family.
    (8) Whenever a petition has been filed under Section 5-520
the court can, at any time prior to trial or sentencing, order
that the minor be placed in detention or a shelter care
facility after the court conducts a hearing and finds that the
conduct and behavior of the minor may endanger the health,
person, welfare, or property of himself or others or that the
circumstances of his or her home environment may endanger his
or her health, person, welfare or property.
(Source: P.A. 90-590, eff. 1-1-99.)

Effective Date: 1/1/2009