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92_HB4439eng HB4439 Engrossed LRB9213225RCcs 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Juvenile Court Act of 1987 is amended by 5 changing 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 9 this Act who requires care away from his or her home but who 10 does not require physical restriction shall be given 11 temporary care in a foster family home or other shelter 12 facility designated by the court. 13 (2) (a) Any minor 10 years of age or older arrested 14 pursuant to this Act where there is probable cause to believe 15 that the minor is a delinquent minor and that (i) secured 16 custody is a matter of immediate and urgent necessity for the 17 protection of the minor or of the person or property of 18 another, (ii) the minor is likely to flee the jurisdiction of 19 the court, or (iii) the minor was taken into custody under a 20 warrant, may be kept or detained in an authorized detention 21 facility. No minor under 12 years of age shall be detained 22 in a county jail or a municipal lockup for more than 6 hours. 23 (b) The written authorization of the probation officer 24 or detention officer (or other public officer designated by 25 the court in a county having 3,000,000 or more inhabitants) 26 constitutes authority for the superintendent of any juvenile 27 detention home to detain and keep a minor for up to 40 hours, 28 excluding Saturdays, Sundays and court-designated holidays. 29 These records shall be available to the same persons and 30 pursuant to the same conditions as are law enforcement 31 records as provided in Section 5-905. HB4439 Engrossed -2- LRB9213225RCcs 1 (b-4) The consultation required by subsection (b-5) 2 shall not be applicable if the probation officer or detention 3 officer (or other public officer designated by the court in a 4 county having 3,000,000 or more inhabitants) utilizes a 5 scorable detention screening instrument, which has been 6 developed with input by the State's Attorney, to determine 7 whether a minor should be detained, however, subsection (b-5) 8 shall still be applicable where no such screening instrument 9 is used or where the probation officer, detention officer (or 10 other public officer designated by the court in a county 11 having 3,000,000 or more inhabitants) deviates from the 12 screening instrument. 13 (b-5) Subject to the provisions of subsection (b-4), if 14 a probation officer or detention officer (or other public 15 officer designated by the court in a county having 3,000,000 16 or more inhabitants) does not intend to detain a minor for an 17 offense which constitutes one of the following offenses he or 18 she shall consult with the State's Attorney's Office prior to 19 the release of the minor: first degree murder, second degree 20 murder, involuntary manslaughter, criminal sexual assault, 21 aggravated criminal sexual assault, aggravated battery with a 22 firearm, aggravated or heinous battery involving permanent 23 disability or disfigurement or great bodily harm, robbery, 24 aggravated robbery, armed robbery, vehicular hijacking, 25 aggravated vehicular hijacking, vehicular invasion, arson, 26 aggravated arson, kidnapping, aggravated kidnapping, home 27 invasion, burglary, or residential burglary. 28 (c) Except as otherwise provided in paragraph (a), (d), 29 or (e), no minor shall be detained in a county jail or 30 municipal lockup for more than 12 hours, unless the offense 31 is a crime of violence in which case the minor may be 32 detained up to 24 hours. For the purpose of this paragraph, 33 "crime of violence" has the meaning ascribed to it in Section 34 1-10 of the Alcoholism and Other Drug Abuse and Dependency HB4439 Engrossed -3- LRB9213225RCcs 1 Act. 2 (i) The period of detention is deemed to have begun once 3 the minor has been placed in a locked room or cell or 4 handcuffed to a stationary object in a building housing a 5 county jail or municipal lockup. Time spent transporting a 6 minor is not considered to be time in detention or secure 7 custody. 8 (ii) Any minor so confined shall be under periodic 9 supervision and shall not be permitted to come into or remain 10 in contact with adults in custody in the building. 11 (iii) Upon placement in secure custody in a jail or 12 lockup, the minor shall be informed of the purpose of the 13 detention, the time it is expected to last and the fact that 14 it cannot exceed the time specified under this Act. 15 (iv) A log shall be kept which shows the offense which 16 is the basis for the detention, the reasons and circumstances 17 for the decision to detain and the length of time the minor 18 was in detention. 19 (v) Violation of the time limit on detention in a county 20 jail or municipal lockup shall not, in and of itself, render 21 inadmissible evidence obtained as a result of the violation 22 of this time limit. Minors under 17 years of age shall be 23 kept separate from confined adults and may not at any time be 24 kept in the same cell, room or yard with adults confined 25 pursuant to criminal law. Persons 17 years of age and older 26 who have a petition of delinquency filed against them may 27shallbe confined in an adult detention facility. 28 (d) (i) If a minor 12 years of age or older is confined 29 in a county jail in a county with a population below 30 3,000,000 inhabitants, then the minor's confinement shall be 31 implemented in such a manner that there will be no contact by 32 sight, sound or otherwise between the minor and adult 33 prisoners. Minors 12 years of age or older must be kept 34 separate from confined adults and may not at any time be kept HB4439 Engrossed -4- LRB9213225RCcs 1 in the same cell, room, or yard with confined adults. This 2 paragraph (d)(i) shall only apply to confinement pending an 3 adjudicatory hearing and shall not exceed 40 hours, excluding 4 Saturdays, Sundays and court designated holidays. To accept 5 or hold minors during this time period, county jails shall 6 comply with all monitoring standards promulgated by the 7 Department of Corrections and training standards approved by 8 the Illinois Law Enforcement Training Standards Board. 9 (ii) To accept or hold minors, 12 years of age or older, 10 after the time period prescribed in paragraph (d)(i) of this 11 subsection (2) of this Section but not exceeding 7 days 12 including Saturdays, Sundays and holidays pending an 13 adjudicatory hearing, county jails shall comply with all 14 temporary detention standards promulgated by the Department 15 of Corrections and training standards approved by the 16 Illinois Law Enforcement Training Standards Board. 17 (iii) To accept or hold minors 12 years of age or older, 18 after the time period prescribed in paragraphs (d)(i) and 19 (d)(ii) of this subsection (2) of this Section, county jails 20 shall comply with all programmatic and training standards for 21 juvenile detention homes promulgated by the Department of 22 Corrections. 23 (e) When a minor who is at least 15 years of age is 24 prosecuted under the criminal laws of this State, the court 25 may enter an order directing that the juvenile be confined in 26 the county jail. However, any juvenile confined in the 27 county jail under this provision shall be separated from 28 adults who are confined in the county jail in such a manner 29 that there will be no contact by sight, sound or otherwise 30 between the juvenile and adult prisoners. 31 (f) For purposes of appearing in a physical lineup, the 32 minor may be taken to a county jail or municipal lockup under 33 the direct and constant supervision of a juvenile police 34 officer. During such time as is necessary to conduct a HB4439 Engrossed -5- LRB9213225RCcs 1 lineup, and while supervised by a juvenile police officer, 2 the sight and sound separation provisions shall not apply. 3 (g) For purposes of processing a minor, the minor may be 4 taken to a County Jail or municipal lockup under the direct 5 and constant supervision of a law enforcement officer or 6 correctional officer. During such time as is necessary to 7 process the minor, and while supervised by a law enforcement 8 officer or correctional officer, the sight and sound 9 separation provisions shall not apply. 10 (3) If the probation officer or State's Attorney (or 11 such other public officer designated by the court in a county 12 having 3,000,000 or more inhabitants) determines that the 13 minor may be a delinquent minor as described in subsection 14 (3) of Section 5-105, and should be retained in custody but 15 does not require physical restriction, the minor may be 16 placed in non-secure custody for up to 40 hours pending a 17 detention hearing. 18 (4) Any minor taken into temporary custody, not 19 requiring secure detention, may, however, be detained in the 20 home of his or her parent or guardian subject to such 21 conditions as the court may impose. 22 (Source: P.A. 90-590, eff. 1-1-99.)