Bill Text: IL SB1445 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Juvenile Court Act of 1987. Provides that any minor 10 years of age or older arrested or taken into custody under the Act for vehicular hijacking or aggravated vehicular hijacking shall be detained in an authorized detention facility until a detention or shelter care hearing is held to determine if there is probable cause to believe that the minor is a delinquent minor and that: (i) secure custody is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another; (2) the minor is likely to flee the jurisdiction of the court; or (3) the minor was taken into custody under a warrant. If the court makes that determination, the minor shall continue to be held until the disposition of an adjudicatory hearing under the Delinquent Minors Article of the Act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-28 - Rule 3-9(a) / Re-referred to Assignments [SB1445 Detail]

Download: Illinois-2019-SB1445-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1445

Introduced 2/13/2019, by Sen. Jil Tracy

SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-410

Amends the Juvenile Court Act of 1987. Provides that any minor 10 years of age or older arrested or taken into custody under the Act for vehicular hijacking or aggravated vehicular hijacking shall be detained in an authorized detention facility until a detention or shelter care hearing is held to determine if there is probable cause to believe that the minor is a delinquent minor and that: (i) secure custody is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another; (2) the minor is likely to flee the jurisdiction of the court; or (3) the minor was taken into custody under a warrant. If the court makes that determination, the minor shall continue to be held until the disposition of an adjudicatory hearing under the Delinquent Minors Article of the Act.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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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 Section 5-410 as follows:
6 (705 ILCS 405/5-410)
7 Sec. 5-410. Non-secure custody or detention.
8 (1) Any minor arrested or taken into custody pursuant to
9this Act who requires care away from his or her home but who
10does not require physical restriction shall be given temporary
11care in a foster family home or other shelter facility
12designated by the court.
13 (2) (a) Any minor 10 years of age or older arrested
14pursuant to this Act where there is probable cause to believe
15that the minor is a delinquent minor and that (i) secure
16secured custody is a matter of immediate and urgent necessity
17for the protection of the minor or of the person or property of
18another, (ii) the minor is likely to flee the jurisdiction of
19the court, or (iii) the minor was taken into custody under a
20warrant, may be kept or detained in an authorized detention
21facility. A minor under 13 years of age shall not be admitted,
22kept, or detained in a detention facility unless a local youth
23service provider, including a provider through the

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1Comprehensive Community Based Youth Services network, has been
2contacted and has not been able to accept the minor. No minor
3under 12 years of age shall be detained in a county jail or a
4municipal lockup for more than 6 hours.
5 (a-5) For a minor arrested or taken into custody for
6vehicular hijacking or aggravated vehicular hijacking, a
7previous finding of delinquency for vehicular hijacking or
8aggravated vehicular hijacking shall be given greater weight in
9determining whether secured custody of a minor is a matter of
10immediate and urgent necessity for the protection of the minor
11or of the person or property of another.
12 (b) The written authorization of the probation officer or
13detention officer (or other public officer designated by the
14court in a county having 3,000,000 or more inhabitants)
15constitutes authority for the superintendent of any juvenile
16detention home to detain and keep a minor for up to 40 hours,
17excluding Saturdays, Sundays, and court-designated holidays.
18These records shall be available to the same persons and
19pursuant to the same conditions as are law enforcement records
20as provided in Section 5-905.
21 (b-4) The consultation required by paragraph subsection
22(b-5) shall not be applicable if the probation officer or
23detention officer (or other public officer designated by the
24court in a county having 3,000,000 or more inhabitants)
25utilizes a scorable detention screening instrument, which has
26been developed with input by the State's Attorney, to determine

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1whether a minor should be detained, however, paragraph
2subsection (b-5) shall still be applicable where no such
3screening instrument is used or where the probation officer,
4detention officer (or other public officer designated by the
5court in a county having 3,000,000 or more inhabitants)
6deviates from the screening instrument.
7 (b-5) Subject to the provisions of paragraph subsection
8(b-4), if a probation officer or detention officer (or other
9public officer designated by the court in a county having
103,000,000 or more inhabitants) does not intend to detain a
11minor for an offense which constitutes one of the following
12offenses he or she shall consult with the State's Attorney's
13Office prior to the release of the minor: first degree murder,
14second degree murder, involuntary manslaughter, criminal
15sexual assault, aggravated criminal sexual assault, aggravated
16battery with a firearm as described in Section 12-4.2 or
17subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section
1812-3.05, aggravated or heinous battery involving permanent
19disability or disfigurement or great bodily harm, robbery,
20aggravated robbery, armed robbery, vehicular hijacking,
21aggravated vehicular hijacking, vehicular invasion, arson,
22aggravated arson, kidnapping, aggravated kidnapping, home
23invasion, burglary, or residential burglary. Any minor 10 years
24of age or older arrested or taken into custody under this Act
25for vehicular hijacking or aggravated vehicular hijacking
26shall be detained in an authorized detention facility until a

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1detention or shelter care hearing is held to determine if there
2is probable cause to believe that the minor is a delinquent
3minor and that: (1) secure custody is a matter of immediate and
4urgent necessity for the protection of the minor or of the
5person or property of another; (2) the minor is likely to flee
6the jurisdiction of the court; or (3) the minor was taken into
7custody under a warrant. If the court makes that determination,
8the minor shall continue to be held until the disposition of an
9adjudicatory hearing under this Article.
10 (c) Except as otherwise provided in paragraph (a), (d), or
11(e), no minor shall be detained in a county jail or municipal
12lockup for more than 12 hours, unless the offense is a crime of
13violence in which case the minor may be detained up to 24
14hours. For the purpose of this paragraph, "crime of violence"
15has the meaning ascribed to it in Section 1-10 of the
16Alcoholism and Other Drug Abuse and Dependency Act.
17 (i) The period of detention is deemed to have begun
18 once the minor has been placed in a locked room or cell or
19 handcuffed to a stationary object in a building housing a
20 county jail or municipal lockup. Time spent transporting a
21 minor is not considered to be time in detention or secure
22 custody.
23 (ii) Any minor so confined shall be under periodic
24 supervision and shall not be permitted to come into or
25 remain in contact with adults in custody in the building.
26 (iii) Upon placement in secure custody in a jail or

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1 lockup, the minor shall be informed of the purpose of the
2 detention, the time it is expected to last and the fact
3 that it cannot exceed the time specified under this Act.
4 (iv) A log shall be kept which shows the offense which
5 is the basis for the detention, the reasons and
6 circumstances for the decision to detain, and the length of
7 time the minor was in detention.
8 (v) Violation of the time limit on detention in a
9 county jail or municipal lockup shall not, in and of
10 itself, render inadmissible evidence obtained as a result
11 of the violation of this time limit. Minors under 18 years
12 of 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. Persons 18
15 years of age and older who have a petition of delinquency
16 filed against them may be confined in an adult detention
17 facility. In making a determination whether to confine a
18 person 18 years of age or older who has a petition of
19 delinquency filed against the person, these factors, among
20 other matters, shall be considered:
21 (A) the The age of the person;
22 (B) any Any previous delinquent or criminal
23 history of the person;
24 (C) any Any previous abuse or neglect history of
25 the person; and
26 (D) any Any mental health or educational history of

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

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1(d)(ii) of this subsection (2) of this Section, county jails
2shall comply with all county juvenile detention standards
3adopted by the Department of Juvenile Justice.
4 (e) When a minor who is at least 15 years of age is
5prosecuted under the criminal laws of this State, the court may
6enter an order directing that the juvenile be confined in the
7county jail. However, any juvenile confined in the county jail
8under this provision shall be separated from adults who are
9confined in the county jail in such a manner that there will be
10no contact by sight, sound or otherwise between the juvenile
11and adult prisoners.
12 (f) For purposes of appearing in a physical lineup, the
13minor may be taken to a county jail or municipal lockup under
14the direct and constant supervision of a juvenile police
15officer. During such time as is necessary to conduct a lineup,
16and while supervised by a juvenile police officer, the sight
17and sound separation provisions shall not apply.
18 (g) For purposes of processing a minor, the minor may be
19taken to a county jail County Jail or municipal lockup under
20the direct and constant supervision of a law enforcement
21officer or correctional officer. During such time as is
22necessary to process the minor, and while supervised by a law
23enforcement officer or correctional officer, the sight and
24sound separation provisions shall not apply.
25 (3) If the probation officer or State's Attorney (or such
26other public officer designated by the court in a county having

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13,000,000 or more inhabitants) determines that the minor may be
2a delinquent minor as described in subsection (3) of Section
35-105, and should be retained in custody but does not require
4physical restriction, the minor may be placed in non-secure
5custody for up to 40 hours pending a detention hearing.
6 (4) Any minor taken into temporary custody, not requiring
7secure detention, may, however, be detained in the home of his
8or her parent or guardian subject to such conditions as the
9court may impose.
10 (5) The changes made to this Section by Public Act 98-61
11apply to a minor who has been arrested or taken into custody on
12or after January 1, 2014 (the effective date of Public Act
1398-61).
14(Source: P.A. 99-254, eff. 1-1-16; 100-745, eff. 8-10-18;
15revised 10-3-18.)
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