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| Public Act 102-0654 | ||||
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. Findings. | ||||
The General Assembly finds that an adequate continuum of | ||||
care is necessary to better address the needs of juveniles | ||||
within the court system. | ||||
The General Assembly finds that the unique partnership of | ||||
State and local services is needed to provide the right | ||||
placements, and the right services for justice-involved | ||||
juveniles. | ||||
The General Assembly finds that providing juveniles that | ||||
are youth in care of the State and in the care or recently in | ||||
the care of the Department of Children and Family Services, | ||||
should be receiving a continuum of care and services, even | ||||
when the juvenile unfortunately becomes involved with the | ||||
juvenile justice system. | ||||
Therefore, the General Assembly recommends that juveniles | ||||
that are youth in care of the State and in the care or recently | ||||
in the care of the Department of Children and Family Services | ||||
shall not have their services interrupted or be left | ||||
unnecessarily in juvenile detention centers. | ||||
Section 10. The Juvenile Court Act of 1987 is amended by | ||||
changing Section 5-501 as follows:
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(705 ILCS 405/5-501)
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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
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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.
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(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.
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(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.
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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.
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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
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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
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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,
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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.
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If the Court prescribes detention, and the minor is a | ||
youth in care of the Department of Children and Family | ||
Services, a hearing shall be held every 14 days to determine | ||
whether there is an urgent and immediate necessity to detain | ||
the minor for the protection of the person or property of | ||
another. If urgent and immediate necessity is not found on the | ||
basis of the protection of the person or property of another, | ||
the minor shall be released to the custody of the Department of | ||
Children and Family Services. If the Court prescribes | ||
detention based on the minor being likely to flee the | ||
jurisdiction, and the minor is a youth in care of the | ||
Department of Children and Family Services, a hearing shall be | ||
held every 7 days for status on the location of shelter care | ||
placement by the Department of Children and Family Services. | ||
Detention shall not be used as a shelter care placement for | ||
minors in the custody or guardianship of the Department of | ||
Children and Family Services. | ||
The order together with the court's findings of fact in | ||
support of the order
shall
be entered
of record in the court.
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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
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protection of the minor.
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(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).
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(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):
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(a) shall only apply to confinement pending an | ||
adjudicatory hearing
and
shall not exceed 40 hours, | ||
excluding Saturdays, Sundays, and court designated
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holidays. To accept or hold minors during this time | ||
period, county jails shall
comply with all monitoring | ||
standards adopted
by the Department of Corrections and | ||
training standards approved by the
Illinois Law | ||
Enforcement Training Standards Board.
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(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 adopted
by
the Department of | ||
Corrections and training standards approved by the | ||
Illinois
Law Enforcement Training Standards Board.
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(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 county | ||
juvenile detention standards adopted by the Department of | ||
Juvenile Justice.
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(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.
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(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
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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.
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(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:
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(a) It is no longer a matter of immediate and urgent | ||
necessity that the
minor remain in detention or shelter | ||
care; or
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(b) There is a material change in the circumstances of | ||
the natural family
from which the minor was removed; or
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(c) A person, including a parent, relative or legal | ||
guardian, is capable
of assuming temporary custody of the | ||
minor; or
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(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.
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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.
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(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,
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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.
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(Source: P.A. 98-685, eff. 1-1-15.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2023. | ||