Public Act 102-0654
 
SB2370 EnrolledLRB102 14304 KMF 19656 b


  
    AN ACT concerning courts.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    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:
 


    (705 ILCS 405/5-501)




    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

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.

    (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.

    (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.

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.

    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

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

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,

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.

    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.

    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

protection of the minor.

    (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).

    (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):

        (a) shall only apply to confinement pending  an 
    adjudicatory hearing
and
shall not exceed 40 hours, 
    excluding Saturdays, Sundays, and court designated

    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. 

        (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.

        (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.

    (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.

    (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

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.

    (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:

        (a) It is no longer a matter of immediate and urgent 
    necessity that the
minor remain in detention or shelter 
    care;  or

        (b) There is a material change in the circumstances of 
    the natural family
from which the minor was removed;  or

        (c) A person, including a parent, relative or legal 
    guardian, is capable
of assuming temporary custody of the 
    minor;  or

        (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.

    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.

    (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,

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.

(Source: P.A. 98-685, eff. 1-1-15.)



 
    Section 99. Effective date. This Act takes effect January 
1, 2023.