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| Public Act 095-0846 |
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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. The Juvenile Court Act of 1987 is amended by | ||||
changing Sections 5-415 and 5-501 as follows:
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(705 ILCS 405/5-415)
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Sec. 5-415. Setting of detention or shelter care hearing; | ||||
release.
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(1) Unless sooner released, a minor alleged to be a | ||||
delinquent minor taken
into temporary custody must be brought | ||||
before a judicial officer within 40
hours for a detention or | ||||
shelter care hearing to determine whether he or she
shall be
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further held in custody. If a minor alleged to be a delinquent | ||||
minor taken into
custody is hospitalized or is receiving | ||||
treatment for a physical or mental
condition, and is unable to | ||||
be brought before a judicial officer for a
detention or shelter | ||||
care hearing, the 40 hour period will not commence until
the | ||||
minor is released from the hospital or place of treatment. If | ||||
the minor
gives false information to law enforcement officials | ||||
regarding the minor's
identity or age, the 40 hour period will | ||||
not commence until the court rules
that the minor is subject to | ||||
this Act and not subject to prosecution under the
Criminal Code | ||||
of 1961. Any
other delay attributable to a minor alleged to be | ||||
a delinquent minor who is
taken into temporary custody shall | ||
act to toll the 40 hour time period. The 40 hour time period | ||
shall be tolled to allow counsel for the minor to prepare for | ||
the detention or shelter care hearing, upon a motion filed by | ||
such counsel and granted by the court. In all
cases, the 40 | ||
hour time period is exclusive of Saturdays, Sundays and
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court-designated holidays.
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(2) If the State's Attorney or probation officer (or other | ||
public
officer designated by the court in a county having more | ||
than 3,000,000
inhabitants) determines that the minor should be | ||
retained in custody, he or she
shall
cause a petition to be | ||
filed as provided in Section 5-520 of this Article, and
the | ||
clerk of the court shall set the matter for hearing on the | ||
detention or
shelter care hearing calendar. Immediately upon | ||
the filing of a petition in the case of a minor retained in | ||
custody, the court shall cause counsel to be appointed to | ||
represent the minor. When a parent, legal guardian, custodian, | ||
or
responsible relative is present and so requests, the | ||
detention or shelter care
hearing shall be held immediately if | ||
the court is in session
and the State is ready to proceed, | ||
otherwise at the earliest feasible time.
In no event shall a | ||
detention or shelter care hearing be held until the minor has | ||
had adequate opportunity to consult with counsel. The probation | ||
officer or such other public officer designated by the court in | ||
a
county having more than 3,000,000 inhabitants shall notify | ||
the minor's parent,
legal guardian, custodian, or responsible | ||
relative of the time and place of the
hearing. The notice may | ||
be given orally.
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(3) The minor must be released from custody at the | ||
expiration of the 40
hour period specified by this Section if | ||
not brought before a judicial officer
within that period.
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(4) After the initial 40 hour period has lapsed, the court | ||
may review the
minor's custodial status at any time prior to | ||
the trial or sentencing
hearing. If during this time period new | ||
or additional information becomes
available concerning the | ||
minor's conduct, the court may conduct a hearing to
determine | ||
whether the minor should be placed in a detention or shelter | ||
care
facility. If the court finds that there is probable cause | ||
that the minor is a
delinquent minor and that it is a matter of | ||
immediate and urgent necessity for
the protection of the minor | ||
or of the person or property of another, or that he
or she is | ||
likely to flee the jurisdiction of the court, the court may | ||
order
that the minor be placed in detention or shelter care.
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(Source: P.A. 90-590, eff. 1-1-99.)
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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
order, comply | ||
with Section 7 of the Children and Family Services Act. In
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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
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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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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
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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 for | ||
juvenile detention homes promulgated
by the Department of | ||
Corrections and training standards approved by the
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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
promulgated 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 | ||
programmatic and training standards for juvenile detention
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homes promulgated by the Department of Corrections.
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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
prescribing that | ||
the minor be kept in a suitable place designated by the
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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
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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. 90-590, eff. 1-1-99.)
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