Bill Text: IL HB2306 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Juvenile Court Act of 1987. Provides that minors shall be brought before a judicial officer within 40 hours, which includes Saturdays, Sundays, and court-designated holidays (rather than within 40 hours exclusive of Saturdays, Sundays, and court-designated holidays. Makes conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB2306 Detail]

Download: Illinois-2019-HB2306-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2306

Introduced , by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-407
705 ILCS 405/5-410
705 ILCS 405/5-415

Amends the Juvenile Court Act of 1987. Provides that minors shall be brought before a judicial officer within 40 hours, which includes Saturdays, Sundays, and court-designated holidays (rather than within 40 hours exclusive of Saturdays, Sundays, and court-designated holidays. Makes conforming changes.
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A BILL FOR

HB2306LRB101 09741 SLF 54841 b
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 Sections 5-407, 5-410, and 5-415 as follows:
6 (705 ILCS 405/5-407)
7 Sec. 5-407. Processing of juvenile in possession of a
8firearm.
9 (a) If a law enforcement officer detains a minor pursuant
10to Section 10-27.1A of the School Code, the officer shall
11deliver the minor to the nearest juvenile officer, in the
12manner prescribed by subsection (2) of Section 5-405 of this
13Act. The juvenile officer shall deliver the minor without
14unnecessary delay to the court or to the place designated by
15rule or order of court for the reception of minors. In no event
16shall the minor be eligible for any other disposition by the
17juvenile police officer, notwithstanding the provisions of
18subsection (3) of Section 5-405 of this Act.
19 (b) Minors shall be brought before a judicial officer
20within 40 hours, which includes exclusive of Saturdays,
21Sundays, and court-designated holidays, for a detention
22hearing to determine whether he or she shall be further held in
23custody. If the court finds that there is probable cause to

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1believe that the minor is a delinquent minor by virtue of his
2or her violation of item (4) of subsection (a) of Section 24-1
3of the Criminal Code of 1961 or the Criminal Code of 2012 while
4on school grounds, that finding shall create a presumption that
5immediate and urgent necessity exists under subdivision (2) of
6Section 5-501 of this Act. Once the presumption of immediate
7and urgent necessity has been raised, the burden of
8demonstrating the lack of immediate and urgent necessity shall
9be on any party that is opposing detention for the minor.
10Should the court order detention pursuant to this Section, the
11minor shall be detained, pending the results of a court-ordered
12psychological evaluation to determine if the minor is a risk to
13himself, herself, or others. Upon receipt of the psychological
14evaluation, the court shall review the determination regarding
15the existence of urgent and immediate necessity. The court
16shall consider the psychological evaluation in conjunction
17with the other factors identified in subdivision (2) of Section
185-501 of this Act in order to make a de novo determination
19regarding whether it is a matter of immediate and urgent
20necessity for the protection of the minor or of the person or
21property of another that the minor be detained or placed in a
22shelter care facility. In addition to the pre-trial conditions
23found in Section 5-505 of this Act, the court may order the
24minor to receive counseling and any other services recommended
25by the psychological evaluation as a condition for release of
26the minor.

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1 (c) Upon making a determination that the student presents a
2risk to himself, herself, or others, the court shall issue an
3order restraining the student from entering the property of the
4school if he or she has been suspended or expelled from the
5school as a result of possessing a firearm. The order shall
6restrain the student from entering the school and school owned
7or leased property, including any conveyance owned, leased, or
8contracted by the school to transport students to or from
9school or a school-related activity. The order shall remain in
10effect until such time as the court determines that the student
11no longer presents a risk to himself, herself, or others.
12 (d) Psychological evaluations ordered pursuant to
13subsection (b) of this Section and statements made by the minor
14during the course of these evaluations, shall not be admissible
15on the issue of delinquency during the course of any
16adjudicatory hearing held under this Act.
17 (e) In this Section:
18 "School" means any public or private elementary or
19secondary school.
20 "School grounds" includes the real property comprising any
21school, any conveyance owned, leased, or contracted by a school
22to transport students to or from school or a school-related
23activity, or any public way within 1,000 feet of the real
24property comprising any school.
25(Source: P.A. 99-258, eff. 1-1-16.)

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1 (705 ILCS 405/5-410)
2 Sec. 5-410. Non-secure custody or detention.
3 (1) Any minor arrested or taken into custody pursuant to
4this Act who requires care away from his or her home but who
5does not require physical restriction shall be given temporary
6care in a foster family home or other shelter facility
7designated by the court.
8 (2) (a) Any minor 10 years of age or older arrested
9pursuant to this Act where there is probable cause to believe
10that the minor is a delinquent minor and that (i) secure
11secured custody is a matter of immediate and urgent necessity
12for the protection of the minor or of the person or property of
13another, (ii) the minor is likely to flee the jurisdiction of
14the court, or (iii) the minor was taken into custody under a
15warrant, may be kept or detained in an authorized detention
16facility. A minor under 13 years of age shall not be admitted,
17kept, or detained in a detention facility unless a local youth
18service provider, including a provider through the
19Comprehensive Community Based Youth Services network, has been
20contacted and has not been able to accept the minor. No minor
21under 12 years of age shall be detained in a county jail or a
22municipal lockup for more than 6 hours.
23 (a-5) For a minor arrested or taken into custody for
24vehicular hijacking or aggravated vehicular hijacking, a
25previous finding of delinquency for vehicular hijacking or
26aggravated vehicular hijacking shall be given greater weight in

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1determining whether secured custody of a minor is a matter of
2immediate and urgent necessity for the protection of the minor
3or of the person or property of another.
4 (b) The written authorization of the probation officer or
5detention officer (or other public officer designated by the
6court in a county having 3,000,000 or more inhabitants)
7constitutes authority for the superintendent of any juvenile
8detention home to detain and keep a minor for up to 40 hours,
9which includes excluding Saturdays, Sundays, and
10court-designated holidays. These records shall be available to
11the same persons and pursuant to the same conditions as are law
12enforcement records as provided in Section 5-905.
13 (b-4) The consultation required by paragraph subsection
14(b-5) shall not be applicable if the probation officer or
15detention officer (or other public officer designated by the
16court in a county having 3,000,000 or more inhabitants)
17utilizes a scorable detention screening instrument, which has
18been developed with input by the State's Attorney, to determine
19whether a minor should be detained, however, paragraph
20subsection (b-5) shall still be applicable where no such
21screening instrument is used or where the probation officer,
22detention officer (or other public officer designated by the
23court in a county having 3,000,000 or more inhabitants)
24deviates from the screening instrument.
25 (b-5) Subject to the provisions of paragraph subsection
26(b-4), if a probation officer or detention officer (or other

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1public officer designated by the court in a county having
23,000,000 or more inhabitants) does not intend to detain a
3minor for an offense which constitutes one of the following
4offenses he or she shall consult with the State's Attorney's
5Office prior to the release of the minor: first degree murder,
6second degree murder, involuntary manslaughter, criminal
7sexual assault, aggravated criminal sexual assault, aggravated
8battery with a firearm as described in Section 12-4.2 or
9subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section
1012-3.05, aggravated or heinous battery involving permanent
11disability or disfigurement or great bodily harm, robbery,
12aggravated robbery, armed robbery, vehicular hijacking,
13aggravated vehicular hijacking, vehicular invasion, arson,
14aggravated arson, kidnapping, aggravated kidnapping, home
15invasion, burglary, or residential burglary.
16 (c) Except as otherwise provided in paragraph (a), (d), or
17(e), no minor shall be detained in a county jail or municipal
18lockup for more than 12 hours, unless the offense is a crime of
19violence in which case the minor may be detained up to 24
20hours. For the purpose of this paragraph, "crime of violence"
21has the meaning ascribed to it in Section 1-10 of the
22Alcoholism and Other Drug Abuse and Dependency Act.
23 (i) The period of detention is deemed to have begun
24 once the minor has been placed in a locked room or cell or
25 handcuffed to a stationary object in a building housing a
26 county jail or municipal lockup. Time spent transporting a

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1 minor is not considered to be time in detention or secure
2 custody.
3 (ii) Any minor so confined shall be under periodic
4 supervision and shall not be permitted to come into or
5 remain in contact with adults in custody in the building.
6 (iii) Upon placement in secure custody in a jail or
7 lockup, the minor shall be informed of the purpose of the
8 detention, the time it is expected to last and the fact
9 that it cannot exceed the time specified under this Act.
10 (iv) A log shall be kept which shows the offense which
11 is the basis for the detention, the reasons and
12 circumstances for the decision to detain, and the length of
13 time the minor was in detention.
14 (v) Violation of the time limit on detention in a
15 county jail or municipal lockup shall not, in and of
16 itself, render inadmissible evidence obtained as a result
17 of the violation of this time limit. Minors under 18 years
18 of age shall be kept separate from confined adults and may
19 not at any time be kept in the same cell, room, or yard
20 with adults confined pursuant to criminal law. Persons 18
21 years of age and older who have a petition of delinquency
22 filed against them may be confined in an adult detention
23 facility. In making a determination whether to confine a
24 person 18 years of age or older who has a petition of
25 delinquency filed against the person, these factors, among
26 other matters, shall be considered:

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1 (A) the The age of the person;
2 (B) any Any previous delinquent or criminal
3 history of the person;
4 (C) any Any previous abuse or neglect history of
5 the person; and
6 (D) any Any mental health or educational history of
7 the person, or both.
8 (d) (i) If a minor 12 years of age or older is confined in a
9county jail in a county with a population below 3,000,000
10inhabitants, then the minor's confinement shall be implemented
11in such a manner that there will be no contact by sight, sound,
12or otherwise between the minor and adult prisoners. Minors 12
13years of age or older must be kept separate from confined
14adults and may not at any time be kept in the same cell, room,
15or yard with confined adults. This paragraph (d)(i) shall only
16apply to confinement pending an adjudicatory hearing and shall
17not exceed 40 hours, excluding Saturdays, Sundays, and
18court-designated court designated holidays. To accept or hold
19minors during this time period, county jails shall comply with
20all monitoring standards adopted by the Department of
21Corrections and training standards approved by the Illinois Law
22Enforcement Training Standards Board.
23 (ii) To accept or hold minors, 12 years of age or older,
24after the time period prescribed in paragraph (d)(i) of this
25subsection (2) of this Section but not exceeding 7 days
26including Saturdays, Sundays, and holidays pending an

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1adjudicatory hearing, county jails shall comply with all
2temporary detention standards adopted by the Department of
3Corrections and training standards approved by the Illinois Law
4Enforcement Training Standards Board.
5 (iii) To accept or hold minors 12 years of age or older,
6after the time period prescribed in paragraphs (d)(i) and
7(d)(ii) of this subsection (2) of this Section, county jails
8shall comply with all county juvenile detention standards
9adopted by the Department of Juvenile Justice.
10 (e) When a minor who is at least 15 years of age is
11prosecuted under the criminal laws of this State, the court may
12enter an order directing that the juvenile be confined in the
13county jail. However, any juvenile confined in the county jail
14under this provision shall be separated from adults who are
15confined in the county jail in such a manner that there will be
16no contact by sight, sound or otherwise between the juvenile
17and adult prisoners.
18 (f) For purposes of appearing in a physical lineup, the
19minor may be taken to a county jail or municipal lockup under
20the direct and constant supervision of a juvenile police
21officer. During such time as is necessary to conduct a lineup,
22and while supervised by a juvenile police officer, the sight
23and sound separation provisions shall not apply.
24 (g) For purposes of processing a minor, the minor may be
25taken to a county jail County Jail or municipal lockup under
26the direct and constant supervision of a law enforcement

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1officer or correctional officer. During such time as is
2necessary to process the minor, and while supervised by a law
3enforcement officer or correctional officer, the sight and
4sound separation provisions shall not apply.
5 (3) If the probation officer or State's Attorney (or such
6other public officer designated by the court in a county having
73,000,000 or more inhabitants) determines that the minor may be
8a delinquent minor as described in subsection (3) of Section
95-105, and should be retained in custody but does not require
10physical restriction, the minor may be placed in non-secure
11custody for up to 40 hours pending a detention hearing.
12 (4) Any minor taken into temporary custody, not requiring
13secure detention, may, however, be detained in the home of his
14or her parent or guardian subject to such conditions as the
15court may impose.
16 (5) The changes made to this Section by Public Act 98-61
17apply to a minor who has been arrested or taken into custody on
18or after January 1, 2014 (the effective date of Public Act
1998-61).
20(Source: P.A. 99-254, eff. 1-1-16; 100-745, eff. 8-10-18;
21revised 10-3-18.)
22 (705 ILCS 405/5-415)
23 Sec. 5-415. Setting of detention or shelter care hearing;
24release.
25 (1) Unless sooner released, a minor alleged to be a

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1delinquent minor taken into temporary custody must be brought
2before a judicial officer within 40 hours for a detention or
3shelter care hearing to determine whether he or she shall be
4further held in custody. If a minor alleged to be a delinquent
5minor taken into custody is hospitalized or is receiving
6treatment for a physical or mental condition, and is unable to
7be brought before a judicial officer for a detention or shelter
8care hearing, the 40 hour period will not commence until the
9minor is released from the hospital or place of treatment. If
10the minor gives false information to law enforcement officials
11regarding the minor's identity or age, the 40 hour period will
12not commence until the court rules that the minor is subject to
13this Act and not subject to prosecution under the Criminal Code
14of 1961 or the Criminal Code of 2012. Any other delay
15attributable to a minor alleged to be a delinquent minor who is
16taken into temporary custody shall act to toll the 40 hour time
17period. The 40 hour time period shall be tolled to allow
18counsel for the minor to prepare for the detention or shelter
19care hearing, upon a motion filed by such counsel and granted
20by the court. In all cases, the 40 hour time period which
21includes is exclusive of Saturdays, Sundays, and
22court-designated holidays.
23 (2) If the State's Attorney or probation officer (or other
24public officer designated by the court in a county having more
25than 3,000,000 inhabitants) determines that the minor should be
26retained in custody, he or she shall cause a petition to be

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1filed as provided in Section 5-520 of this Article, and the
2clerk of the court shall set the matter for hearing on the
3detention or shelter care hearing calendar. Immediately upon
4the filing of a petition in the case of a minor retained in
5custody, the court shall cause counsel to be appointed to
6represent the minor. When a parent, legal guardian, custodian,
7or responsible relative is present and so requests, the
8detention or shelter care hearing shall be held immediately if
9the court is in session and the State is ready to proceed,
10otherwise at the earliest feasible time. In no event shall a
11detention or shelter care hearing be held until the minor has
12had adequate opportunity to consult with counsel. The probation
13officer or such other public officer designated by the court in
14a county having more than 3,000,000 inhabitants shall notify
15the minor's parent, legal guardian, custodian, or responsible
16relative of the time and place of the hearing. The notice may
17be given orally.
18 (3) The minor must be released from custody at the
19expiration of the 40 hour period specified by this Section if
20not brought before a judicial officer within that period.
21 (4) After the initial 40 hour period has lapsed, the court
22may review the minor's custodial status at any time prior to
23the trial or sentencing hearing. If during this time period new
24or additional information becomes available concerning the
25minor's conduct, the court may conduct a hearing to determine
26whether the minor should be placed in a detention or shelter

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1care facility. If the court finds that there is probable cause
2that the minor is a delinquent minor and that it is a matter of
3immediate and urgent necessity for the protection of the minor
4or of the person or property of another, or that he or she is
5likely to flee the jurisdiction of the court, the court may
6order that the minor be placed in detention or shelter care.
7(Source: P.A. 97-1150, eff. 1-25-13.)
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