Bill Text: IL HB3480 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Children and Family Services Act. Provides that the Illinois Juvenile Justice Commission shall include recommendations regarding the funding of detention, the transparency and evaluation of the use of detention, and the availability of youth services to reduce the use of detention and prevent deeper criminal involvement in its annual submission of recommendations to the Governor and the General Assembly. Amends the Juvenile Court Act of 1987. Provides that on or after January 1, 2020, detention of a minor shall be a last resort and only in the case of any minor 14 years of age or older arrested on or after the effective date of the amendatory Act if there is probable cause to believe that the minor is a delinquent minor charged with a felony offense, that secured custody is the least restrictive alternative available, and is a matter of immediate and urgent necessity for the protection of the minor or of the person of another. Provides that any minor placed in detention shall immediately have counsel appointed and an opportunity to privately consult with counsel in person, and have a review of the decision to detain within 24 hours of the placement in detention. Provides that unless sooner released, a minor alleged to be a delinquent minor taken into temporary custody must be brought before a judicial officer within 24 hours including Saturdays, Sundays, and court-designated holidays for a detention or shelter care hearing to determine whether he or she shall be further held in custody. Makes other changes. Effective January 1, 2020.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3480 Detail]

Download: Illinois-2019-HB3480-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3480

Introduced , by Rep. Robyn Gabel

SYNOPSIS AS INTRODUCED:
20 ILCS 505/17a-9 from Ch. 23, par. 5017a-9
705 ILCS 405/5-410
705 ILCS 405/5-415

Amends the Children and Family Services Act. Provides that the Illinois Juvenile Justice Commission shall include recommendations regarding the funding of detention, the transparency and evaluation of the use of detention, and the availability of youth services to reduce the use of detention and prevent deeper criminal involvement in its annual submission of recommendations to the Governor and the General Assembly. Amends the Juvenile Court Act of 1987. Provides that on or after January 1, 2020, detention of a minor shall be a last resort and only in the case of any minor 14 years of age or older arrested on or after the effective date of the amendatory Act if there is probable cause to believe that the minor is a delinquent minor charged with a felony offense, that secured custody is the least restrictive alternative available, and is a matter of immediate and urgent necessity for the protection of the minor or of the person of another. Provides that any minor placed in detention shall immediately have counsel appointed and an opportunity to privately consult with counsel in person, and have a review of the decision to detain within 24 hours of the placement in detention. Provides that unless sooner released, a minor alleged to be a delinquent minor taken into temporary custody must be brought before a judicial officer within 24 hours including Saturdays, Sundays, and court-designated holidays for a detention or shelter care hearing to determine whether he or she shall be further held in custody. Makes other changes. Effective January 1, 2020.
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A BILL FOR

HB3480LRB101 07366 SLF 52406 b
1 AN ACT concerning juveniles.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Children and Family Services Act is amended
5by changing Section 17a-9 as follows:
6 (20 ILCS 505/17a-9) (from Ch. 23, par. 5017a-9)
7 Sec. 17a-9. Illinois Juvenile Justice Commission.
8 (a) There is hereby created the Illinois Juvenile Justice
9Commission which shall consist of 25 persons appointed by the
10Governor. The Chairperson of the Commission shall be appointed
11by the Governor. Of the initial appointees, 8 shall serve a
12one-year term, 8 shall serve a two-year term and 9 shall serve
13a three-year term. Thereafter, each successor shall serve a
14three-year term. Vacancies shall be filled in the same manner
15as original appointments. Once appointed, members shall serve
16until their successors are appointed and qualified. Members
17shall serve without compensation, except they shall be
18reimbursed for their actual expenses in the performance of
19their duties. The Commission shall carry out the rights, powers
20and duties established in subparagraph (3) of paragraph (a) of
21Section 223 of the Federal "Juvenile Justice and Delinquency
22Prevention Act of 1974", as now or hereafter amended. The
23Commission shall determine the priorities for expenditure of

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1funds made available to the State by the Federal Government
2pursuant to that Act. The Commission shall have the following
3powers and duties:
4 (1) Development, review and final approval of the
5 State's juvenile justice plan for funds under the Federal
6 "Juvenile Justice and Delinquency Prevention Act of 1974";
7 (2) Review and approve or disapprove juvenile justice
8 and delinquency prevention grant applications to the
9 Department for federal funds under that Act;
10 (3) Annual submission of recommendations to the
11 Governor and the General Assembly concerning matters
12 relative to its function, including recommendations
13 regarding the funding of detention, the transparency and
14 evaluation of the use of detention, and the availability of
15 youth services to reduce the use of detention and prevent
16 deeper criminal involvement;
17 (4) Responsibility for the review of funds allocated to
18 Illinois under the "Juvenile Justice and Delinquency
19 Prevention Act of 1974" to ensure compliance with all
20 relevant federal laws and regulations;
21 (5) Function as the advisory committee for the State
22 Youth and Community Services Program as authorized under
23 Section 17 of this Act, and in that capacity be authorized
24 and empowered to assist and advise the Secretary of Human
25 Services on matters related to juvenile justice and
26 delinquency prevention programs and services; and

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1 (6) Study the impact of, develop timelines, and propose
2 a funding structure to accommodate the expansion of the
3 jurisdiction of the Illinois Juvenile Court to include
4 youth age 17 under the jurisdiction of the Juvenile Court
5 Act of 1987. The Commission shall submit a report by
6 December 31, 2011 to the General Assembly with
7 recommendations on extending juvenile court jurisdiction
8 to youth age 17 charged with felony offenses.
9 (b) On the effective date of this amendatory Act of the
1096th General Assembly, the Illinois Juvenile Jurisdiction Task
11Force created by Public Act 95-1031 is abolished and its duties
12are transferred to the Illinois Juvenile Justice Commission as
13provided in paragraph (6) of subsection (a) of this Section.
14(Source: P.A. 96-1199, eff. 1-1-11.)
15 Section 10. The Juvenile Court Act of 1987 is amended by
16changing Sections 5-410 and 5-415 as follows:
17 (705 ILCS 405/5-410)
18 Sec. 5-410. Non-secure custody or detention.
19 (1) Placement of a minor away from his or her home must be
20the last resort and be the least restrictive alternative
21available. Any minor arrested or taken into custody pursuant to
22this Act who requires care away from his or her home but who
23does not require physical restriction shall be given temporary
24care in a foster family home or other shelter facility

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1designated by the court.
2 (2) (a) (Blank). Any minor 10 years of age or older
3arrested pursuant to this Act where there is probable cause to
4believe that the minor is a delinquent minor and that (i)
5secured custody is a matter of immediate and urgent necessity
6for the protection of the minor or of the person or property of
7another, (ii) the minor is likely to flee the jurisdiction of
8the court, or (iii) the minor was taken into custody under a
9warrant, may be kept or detained in an authorized detention
10facility. A minor under 13 years of age shall not be admitted,
11kept, or detained in a detention facility unless a local youth
12service provider, including a provider through the
13Comprehensive Community Based Youth Services network, has been
14contacted and has not been able to accept the minor. No minor
15under 12 years of age shall be detained in a county jail or a
16municipal lockup for more than 6 hours.
17 (a-5) For a minor arrested or taken into custody for
18vehicular hijacking or aggravated vehicular hijacking, a
19previous finding of delinquency for vehicular hijacking or
20aggravated vehicular hijacking shall be given greater weight in
21determining whether secured custody of a minor is a matter of
22immediate and urgent necessity for the protection of the minor
23or of the person or property of another.
24 (a-10) It is the policy of this State to identify and
25eliminate barriers to racial, ethnic, and gender fairness
26within the juvenile justice system and to support the

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1fundamental principle of fair and equitable treatment under the
2law. To that end, it is a goal to ensure that detention is the
3last resort and for as short a time as possible, and to
4eliminate the use of detention for young children. On or after
5January 1, 2020, detention of a minor shall be a last resort
6and only in the case of any minor 14 years of age or older
7arrested on or after the effective date of this amendatory Act
8of the 101st General Assembly if there is probable cause to
9believe that the minor is a delinquent minor charged with a
10felony offense, that secured custody is the least restrictive
11alternative available, and is a matter of immediate and urgent
12necessity for the protection of the minor or of the person of
13another. Any minor placed in detention shall immediately have
14counsel appointed and an opportunity to privately consult with
15counsel in person and have a review of the decision to detain
16within 24 hours of the placement in detention.
17 (b) The written authorization of the probation officer or
18detention officer (or other public officer designated by the
19court in a county having 3,000,000 or more inhabitants)
20constitutes authority for the superintendent of any juvenile
21detention home to detain and keep a minor for up to 40 hours,
22excluding Saturdays, Sundays, and court-designated holidays.
23These records shall be available to the same persons and
24pursuant to the same conditions as are law enforcement records
25as provided in Section 5-905.
26 (b-4) The consultation required by paragraph subsection

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1(b-5) shall not be applicable if the probation officer or
2detention officer (or other public officer designated by the
3court in a county having 3,000,000 or more inhabitants)
4utilizes a scorable detention screening instrument, which has
5been developed with input by the State's Attorney, to determine
6whether a minor should be detained, however, paragraph
7subsection (b-5) shall still be applicable where no such
8screening instrument is used or where the probation officer,
9detention officer (or other public officer designated by the
10court in a county having 3,000,000 or more inhabitants)
11deviates from the screening instrument.
12 (b-5) Subject to the provisions of paragraph subsection
13(b-4), if a probation officer or detention officer (or other
14public officer designated by the court in a county having
153,000,000 or more inhabitants) does not intend to detain a
16minor for an offense which constitutes one of the following
17offenses he or she shall consult with the State's Attorney's
18Office prior to the release of the minor: first degree murder,
19second degree murder, involuntary manslaughter, criminal
20sexual assault, aggravated criminal sexual assault, aggravated
21battery with a firearm as described in Section 12-4.2 or
22subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section
2312-3.05, aggravated or heinous battery involving permanent
24disability or disfigurement or great bodily harm, robbery,
25aggravated robbery, armed robbery, vehicular hijacking,
26aggravated vehicular hijacking, vehicular invasion, arson,

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1aggravated arson, kidnapping, aggravated kidnapping, home
2invasion, burglary, or residential burglary.
3 (c) Except as otherwise provided in paragraph (a), (d), or
4(e), no minor shall be detained in a county jail or municipal
5lockup for more than 12 hours, unless the offense is a crime of
6violence in which case the minor may be detained up to 24
7hours. For the purpose of this paragraph, "crime of violence"
8has the meaning ascribed to it in Section 1-10 of the
9Alcoholism and Other Drug Abuse and Dependency Act.
10 (i) The period of detention is deemed to have begun
11 once the minor has been placed in a locked room or cell or
12 handcuffed to a stationary object in a building housing a
13 county jail or municipal lockup. Time spent transporting a
14 minor is not considered to be time in detention or secure
15 custody.
16 (ii) Any minor so confined shall be under periodic
17 supervision and shall not be permitted to come into or
18 remain in contact with adults in custody in the building.
19 (iii) Upon placement in secure custody in a jail or
20 lockup, the minor shall be informed of the purpose of the
21 detention, the time it is expected to last and the fact
22 that it cannot exceed the time specified under this Act.
23 (iv) A log shall be kept which shows the offense which
24 is the basis for the detention, the reasons and
25 circumstances for the decision to detain, and the length of
26 time the minor was in detention.

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1 (v) Violation of the time limit on detention in a
2 county jail or municipal lockup shall not, in and of
3 itself, render inadmissible evidence obtained as a result
4 of the violation of this time limit. Minors under 18 years
5 of age shall be kept separate from confined adults and may
6 not at any time be kept in the same cell, room, or yard
7 with adults confined pursuant to criminal law. Persons 18
8 years of age and older who have a petition of delinquency
9 filed against them may be confined in an adult detention
10 facility. In making a determination whether to confine a
11 person 18 years of age or older who has a petition of
12 delinquency filed against the person, these factors, among
13 other matters, shall be considered:
14 (A) the The age of the person;
15 (B) any Any previous delinquent or criminal
16 history of the person;
17 (C) any Any previous abuse or neglect history of
18 the person; and
19 (D) any Any mental health or educational history of
20 the person, or both.
21 (d) (Blank). (i) If a minor 12 years of age or older is
22confined in a county jail in a county with a population below
233,000,000 inhabitants, then the minor's confinement shall be
24implemented in such a manner that there will be no contact by
25sight, sound or otherwise between the minor and adult
26prisoners. Minors 12 years of age or older must be kept

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1separate from confined adults and may not at any time be kept
2in the same cell, room, or yard with confined adults. This
3paragraph (d)(i) shall only apply to confinement pending an
4adjudicatory hearing and shall not exceed 40 hours, excluding
5Saturdays, Sundays and court designated holidays. To accept or
6hold minors during this time period, county jails shall comply
7with all monitoring standards adopted by the Department of
8Corrections and training standards approved by the Illinois Law
9Enforcement Training Standards Board.
10 (ii) To accept or hold minors, 12 years of age or older,
11after the time period prescribed in paragraph (d)(i) of this
12subsection (2) of this Section but not exceeding 7 days
13including Saturdays, Sundays and holidays pending an
14adjudicatory hearing, county jails shall comply with all
15temporary detention standards adopted by the Department of
16Corrections and training standards approved by the Illinois Law
17Enforcement Training Standards Board.
18 (iii) To accept or hold minors 12 years of age or older,
19after the time period prescribed in paragraphs (d)(i) and
20(d)(ii) of this subsection (2) of this Section, county jails
21shall comply with all county juvenile detention standards
22adopted by the Department of Juvenile Justice.
23 (e) When a minor who is at least 15 years of age is
24prosecuted under the criminal laws of this State, the court may
25enter an order directing that the juvenile be confined in the
26county jail. However, any juvenile confined in the county jail

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1under this provision shall be separated from adults who are
2confined in the county jail in such a manner that there will be
3no contact by sight, sound or otherwise between the juvenile
4and adult prisoners.
5 (f) For purposes of appearing in a physical lineup, the
6minor may be taken to a county jail or municipal lockup under
7the direct and constant supervision of a juvenile police
8officer. During such time as is necessary to conduct a lineup,
9and while supervised by a juvenile police officer, the sight
10and sound separation provisions shall not apply.
11 (g) For purposes of processing a minor, the minor may be
12taken to a county jail County Jail or municipal lockup under
13the direct and constant supervision of a law enforcement
14officer or correctional officer. During such time as is
15necessary to process the minor, and while supervised by a law
16enforcement officer or correctional officer, the sight and
17sound separation provisions shall not apply.
18 (3) If the probation officer or State's Attorney (or such
19other public officer designated by the court in a county having
203,000,000 or more inhabitants) determines that the minor may be
21a delinquent minor as described in subsection (3) of Section
225-105, and should be retained in custody but does not require
23physical restriction, the minor may be placed in non-secure
24custody for up to 40 hours pending a detention hearing.
25 (4) Any minor taken into temporary custody, not requiring
26secure detention, may, however, be detained in the home of his

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1or her parent or guardian subject to such conditions as the
2court may impose.
3 (5) The changes made to this Section by Public Act 98-61
4apply to a minor who has been arrested or taken into custody on
5or after January 1, 2014 (the effective date of Public Act
698-61).
7(Source: P.A. 99-254, eff. 1-1-16; 100-745, eff. 8-10-18;
8revised 10-3-18.)
9 (705 ILCS 405/5-415)
10 Sec. 5-415. Setting of detention or shelter care hearing;
11release.
12 (1) Unless sooner released, a minor alleged to be a
13delinquent minor taken into temporary custody must be brought
14before a judicial officer within 24 40 hours including
15Saturdays, Sundays, and court-designated holidays for a
16detention or shelter care hearing to determine whether he or
17she shall be further held in custody. If a minor alleged to be
18a delinquent minor taken into custody is hospitalized or is
19receiving treatment for a physical or mental condition, and is
20unable to be brought before a judicial officer for a detention
21or shelter care hearing, the 24-hour 40 hour period will not
22commence until the minor is released from the hospital or place
23of treatment. If the minor gives false information to law
24enforcement officials regarding the minor's identity or age,
25the 24-hour 40 hour period will not commence until the court

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1rules that the minor is subject to this Act and not subject to
2prosecution under the Criminal Code of 1961 or the Criminal
3Code of 2012. Any other delay attributable to a minor alleged
4to be a delinquent minor who is taken into temporary custody
5shall act to toll the 24-hour 40 hour time period. The 24-hour
640 hour time period shall be tolled to allow counsel for the
7minor to prepare for the detention or shelter care hearing,
8upon a motion filed by such counsel and granted by the court.
9In all cases, the 40 hour time period is exclusive of
10Saturdays, Sundays and court-designated holidays.
11 (2) If the State's Attorney or probation officer (or other
12public officer designated by the court in a county having more
13than 3,000,000 inhabitants) determines that the minor should be
14retained in custody, he or she shall cause a petition to be
15filed as provided in Section 5-520 of this Article, and the
16clerk of the court shall set the matter for hearing on the
17detention or shelter care hearing calendar. Immediately upon
18the filing of a petition in the case of a minor retained in
19custody, the court shall cause counsel to be appointed to
20represent the minor. When a parent, legal guardian, custodian,
21or responsible relative is present and so requests, the
22detention or shelter care hearing shall be held immediately if
23the court is in session and the State is ready to proceed,
24otherwise at the earliest feasible time. In no event shall a
25detention or shelter care hearing be held until the minor has
26had adequate opportunity to consult in person with counsel. The

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1probation officer or such other public officer designated by
2the court in a county having more than 3,000,000 inhabitants
3shall notify the minor's parent, legal guardian, custodian, or
4responsible relative of the time and place of the hearing. The
5notice may be given orally.
6 (3) The minor must be released from custody at the
7expiration of the 24-hour 40 hour period specified by this
8Section if not brought before a judicial officer within that
9period.
10 (4) After the initial 24-hour 40 hour period has lapsed,
11the court may review the minor's custodial status at any time
12prior to the trial or sentencing hearing. If during this time
13period new or additional information becomes available
14concerning the minor's conduct, the court may conduct a hearing
15to determine whether the minor should be placed in a detention
16or shelter care facility. If the court finds that there is
17probable cause that the minor is a delinquent minor and that it
18is a matter of immediate and urgent necessity for the
19protection of the minor or of the person or property of
20another, or that he or she is likely to flee the jurisdiction
21of the court, the court may order that the minor be placed in
22detention or shelter care.
23(Source: P.A. 97-1150, eff. 1-25-13.)
24 Section 99. Effective date. This Act takes effect January
251, 2020.
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