Bill Text: IL HB2627 | 2009-2010 | 96th General Assembly | Engrossed
Bill Title: Amends the Juvenile Court Act of 1987. Provides that no minor under 17 (instead of 12) years of age shall be detained in a county jail or a municipal lockup for more than 6 hours unless the minor is prosecuted as an adult under the criminal laws. Deletes a provision requiring a minor's confinement to be implemented in such a manner that there is no contact by sight, sound, or otherwise with adult prisoners. Makes other changes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-04-01 - Third Reading - Short Debate - Lost 046-068-001 [HB2627 Detail]
Download: Illinois-2009-HB2627-Engrossed.html
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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Juvenile Court Act of 1987 is amended by | ||||||
5 | changing Section 5-410 as follows:
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6 | (705 ILCS 405/5-410)
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7 | Sec. 5-410. Non-secure custody or detention.
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8 | (1) Any minor arrested or taken into custody pursuant to | ||||||
9 | this Act who
requires care away from his or her home but who | ||||||
10 | does not require physical
restriction shall be given temporary | ||||||
11 | care in a foster family home or other
shelter facility | ||||||
12 | designated by the court.
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13 | (2) (a) Any minor 10 years of age or older arrested
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14 | pursuant to this Act where there is probable cause to believe | ||||||
15 | that the minor
is a delinquent minor and that
(i) secured | ||||||
16 | custody is a matter of immediate and urgent necessity for the
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17 | protection of the minor or of the person or property of | ||||||
18 | another, (ii) the minor
is likely to flee the jurisdiction of | ||||||
19 | the court, or (iii) the minor was taken
into custody under a | ||||||
20 | warrant, may be kept or detained in an authorized
detention | ||||||
21 | facility. No minor under
12 years of age shall be detained in a
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22 | county jail or a municipal lockup for more than 6 hours. The | ||||||
23 | minor's confinement shall be implemented in such a manner that |
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1 | there will be no contact by sight, sound, or otherwise between | ||||||
2 | the minor and adult prisoners.
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3 | (b) The written authorization of the probation officer or | ||||||
4 | detention officer
(or other public officer designated by the | ||||||
5 | court in a county having
3,000,000 or more inhabitants) | ||||||
6 | constitutes authority for the superintendent of
any juvenile | ||||||
7 | detention home to detain and keep a minor for up to 40 hours,
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8 | excluding Saturdays, Sundays and court-designated holidays. | ||||||
9 | These
records shall be available to the same persons and | ||||||
10 | pursuant to the same
conditions as are law enforcement records | ||||||
11 | as provided in Section 5-905.
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12 | (b-4) The consultation required by subsection (b-5) shall | ||||||
13 | not be applicable
if the probation officer or detention officer | ||||||
14 | (or other public officer
designated
by the court in a
county | ||||||
15 | having 3,000,000 or more inhabitants) utilizes a scorable | ||||||
16 | detention
screening instrument, which has been developed with | ||||||
17 | input by the State's
Attorney, to
determine whether a minor | ||||||
18 | should be detained, however, subsection (b-5) shall
still be | ||||||
19 | applicable where no such screening instrument is used or where | ||||||
20 | the
probation officer, detention officer (or other public | ||||||
21 | officer designated by the
court in a county
having 3,000,000 or | ||||||
22 | more inhabitants) deviates from the screening instrument.
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23 | (b-5) Subject to the provisions of subsection (b-4), if a | ||||||
24 | probation officer
or detention officer
(or other public officer | ||||||
25 | designated by
the court in a county having 3,000,000 or more | ||||||
26 | inhabitants) does not intend to
detain a minor for an offense |
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1 | which constitutes one of the following offenses
he or she shall | ||||||
2 | consult with the State's Attorney's Office prior to the release
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3 | of the minor: first degree murder, second degree murder, | ||||||
4 | involuntary
manslaughter, criminal sexual assault, aggravated | ||||||
5 | criminal sexual assault,
aggravated battery with a firearm, | ||||||
6 | aggravated or heinous battery involving
permanent disability | ||||||
7 | or disfigurement or great bodily harm, robbery, aggravated
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8 | robbery, armed robbery, vehicular hijacking, aggravated | ||||||
9 | vehicular hijacking,
vehicular invasion, arson, aggravated | ||||||
10 | arson, kidnapping, aggravated kidnapping,
home invasion, | ||||||
11 | burglary, or residential burglary.
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12 | (c) Except as otherwise provided in paragraph (a), (d), or | ||||||
13 | (e), no minor
shall
be detained in a county jail or municipal | ||||||
14 | lockup for more than 12 hours, unless
the offense is a crime of | ||||||
15 | violence in which case the minor may be detained up
to 24 | ||||||
16 | hours. For the purpose of this paragraph, "crime of violence" | ||||||
17 | has the
meaning
ascribed to it in Section 1-10 of the | ||||||
18 | Alcoholism and Other Drug Abuse and
Dependency Act.
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19 | (i) The
period of detention is deemed to have begun | ||||||
20 | once the minor has been placed in a
locked room or cell or | ||||||
21 | handcuffed to a stationary object in a building housing
a | ||||||
22 | county jail or municipal lockup. Time spent transporting a | ||||||
23 | minor is not
considered to be time in detention or secure | ||||||
24 | custody.
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25 | (ii) Any minor so
confined shall be under periodic | ||||||
26 | supervision and shall not be permitted to come
into or |
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1 | remain in contact with adults in custody in the building.
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2 | (iii) Upon
placement in secure custody in a jail or | ||||||
3 | lockup, the
minor shall be informed of the purpose of the | ||||||
4 | detention, the time it is
expected to last and the fact | ||||||
5 | that it cannot exceed the time specified under
this Act.
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6 | (iv) A log shall
be kept which shows the offense which | ||||||
7 | is the basis for the detention, the
reasons and | ||||||
8 | circumstances for the decision to detain and the length of | ||||||
9 | time the
minor was in detention.
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10 | (v) Violation of the time limit on detention
in a | ||||||
11 | county jail or municipal lockup shall not, in and of | ||||||
12 | itself, render
inadmissible evidence obtained as a result | ||||||
13 | of the violation of this
time limit. Minors under 17 years | ||||||
14 | of age shall be kept separate from confined
adults and may | ||||||
15 | not at any time be kept in the same cell, room or yard with
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16 | adults confined pursuant to criminal law. Persons 17 years | ||||||
17 | of age and older
who have a petition of delinquency filed | ||||||
18 | against them may be
confined in an
adult detention | ||||||
19 | facility.
In making a determination whether to confine a | ||||||
20 | person 17 years of age or
older
who has a petition of | ||||||
21 | delinquency filed against the person, these factors,
among | ||||||
22 | other matters, shall be considered:
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23 | (A) The age of the person;
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24 | (B) Any previous delinquent or criminal history of | ||||||
25 | the person;
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26 | (C) Any previous abuse or neglect history of the |
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1 | person; and
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2 | (D) Any mental health or educational history of the | ||||||
3 | person, or both.
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4 | (d) (Blank).
(i) If a minor 12 years of age or older is | ||||||
5 | confined in a county jail
in a
county with a population below | ||||||
6 | 3,000,000 inhabitants, then the minor's
confinement shall be | ||||||
7 | implemented in such a manner that there will be no contact
by | ||||||
8 | sight, sound or otherwise between the minor and adult | ||||||
9 | prisoners. Minors
12 years of age or older must be kept | ||||||
10 | separate from confined adults and may not
at any time
be kept | ||||||
11 | in the same cell, room, or yard with confined adults. This | ||||||
12 | paragraph
(d)(i) shall only apply to confinement pending an | ||||||
13 | adjudicatory hearing and
shall not exceed 40 hours, excluding | ||||||
14 | Saturdays, Sundays and court designated
holidays. To accept or | ||||||
15 | hold minors during this time period, county jails shall
comply | ||||||
16 | with all monitoring standards promulgated by the Department of
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17 | Corrections and training standards approved by the Illinois Law | ||||||
18 | Enforcement
Training Standards Board.
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19 | (ii) To accept or hold minors, 12 years of age or older, | ||||||
20 | after the time
period
prescribed in paragraph (d)(i) of this | ||||||
21 | subsection (2) of this Section but not
exceeding 7 days | ||||||
22 | including Saturdays, Sundays and holidays pending an
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23 | adjudicatory hearing, county jails shall comply with all | ||||||
24 | temporary detention
standards promulgated by the Department of | ||||||
25 | Corrections and training standards
approved by the Illinois Law | ||||||
26 | Enforcement Training Standards Board.
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1 | (iii) To accept or hold minors 12 years of age or older, | ||||||
2 | after the time
period prescribed in paragraphs (d)(i) and | ||||||
3 | (d)(ii) of this subsection (2) of
this
Section, county jails | ||||||
4 | shall comply with all programmatic and training standards
for | ||||||
5 | juvenile detention homes promulgated by the Department of | ||||||
6 | Corrections.
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7 | (e) When a minor who is at least 15 years of age is | ||||||
8 | prosecuted under the
criminal laws of this State,
the court may | ||||||
9 | enter an order directing that the juvenile be confined
in the | ||||||
10 | county jail. However, any juvenile confined in the county jail | ||||||
11 | under
this provision shall be separated from adults who are | ||||||
12 | confined in the county
jail in such a manner that there will be | ||||||
13 | no contact by sight, sound or
otherwise between the juvenile | ||||||
14 | and adult prisoners.
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15 | (f) For purposes of appearing in a physical lineup, the | ||||||
16 | minor may be taken
to a county jail or municipal lockup under | ||||||
17 | the direct and constant supervision
of a juvenile police | ||||||
18 | officer. During such time as is necessary to conduct a
lineup, | ||||||
19 | and while supervised by a juvenile police officer, the sight | ||||||
20 | and sound
separation provisions shall not apply.
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21 | (g) For purposes of processing a minor, the minor may be | ||||||
22 | taken to a County
Jail or municipal lockup under the direct and | ||||||
23 | constant supervision of a law
enforcement officer or | ||||||
24 | correctional officer. During such time as is necessary
to | ||||||
25 | process the minor, and while supervised by a law enforcement | ||||||
26 | officer or
correctional officer, the sight and sound separation |
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1 | provisions shall not
apply.
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2 | (3) If the probation officer or State's Attorney (or such | ||||||
3 | other public
officer designated by the court in a county having | ||||||
4 | 3,000,000 or more
inhabitants) determines that the minor may be | ||||||
5 | a delinquent minor as described
in subsection (3) of Section | ||||||
6 | 5-105, and should be retained in custody but does
not require
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7 | physical restriction, the minor may be placed in non-secure | ||||||
8 | custody for up to
40 hours pending a detention hearing.
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9 | (4) Any minor taken into temporary custody, not requiring | ||||||
10 | secure
detention, may, however, be detained in the home of his | ||||||
11 | or her parent or
guardian subject to such conditions as the | ||||||
12 | court may impose.
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13 | (Source: P.A. 93-255, eff. 1-1-04.)
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