Public Act 93-0255
HB0524 Enrolled LRB093 04720 RLC 04776 b
AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 5-410 as follows:
(705 ILCS 405/5-410)
Sec. 5-410. Non-secure custody or detention.
(1) Any minor arrested or taken into custody pursuant to
this Act who requires care away from his or her home but who
does not require physical restriction shall be given
temporary care in a foster family home or other shelter
facility designated by the court.
(2) (a) Any minor 10 years of age or older arrested
pursuant to this Act where there is probable cause to believe
that the minor is a delinquent minor and that (i) secured
custody is a matter of immediate and urgent necessity for the
protection of the minor or of the person or property of
another, (ii) the minor is likely to flee the jurisdiction of
the court, or (iii) the minor was taken into custody under a
warrant, may be kept or detained in an authorized detention
facility. No minor under 12 years of age shall be detained
in a county jail or a municipal lockup for more than 6 hours.
(b) The written authorization of the probation officer
or detention officer (or other public officer designated by
the court in a county having 3,000,000 or more inhabitants)
constitutes authority for the superintendent of any juvenile
detention home to detain and keep a minor for up to 40 hours,
excluding Saturdays, Sundays and court-designated holidays.
These records shall be available to the same persons and
pursuant to the same conditions as are law enforcement
records as provided in Section 5-905.
(b-4) The consultation required by subsection (b-5)
shall not be applicable if the probation officer or detention
officer (or other public officer designated by the court in a
county having 3,000,000 or more inhabitants) utilizes a
scorable detention screening instrument, which has been
developed with input by the State's Attorney, to determine
whether a minor should be detained, however, subsection (b-5)
shall still be applicable where no such screening instrument
is used or where the probation officer, detention officer (or
other public officer designated by the court in a county
having 3,000,000 or more inhabitants) deviates from the
screening instrument.
(b-5) Subject to the provisions of subsection (b-4), if
a probation officer or detention officer (or other public
officer designated by the court in a county having 3,000,000
or more inhabitants) does not intend to detain a minor for an
offense which constitutes one of the following offenses he or
she shall consult with the State's Attorney's Office prior to
the release of the minor: first degree murder, second degree
murder, involuntary manslaughter, criminal sexual assault,
aggravated criminal sexual assault, aggravated battery with a
firearm, aggravated or heinous battery involving permanent
disability or disfigurement or great bodily harm, robbery,
aggravated robbery, armed robbery, vehicular hijacking,
aggravated vehicular hijacking, vehicular invasion, arson,
aggravated arson, kidnapping, aggravated kidnapping, home
invasion, burglary, or residential burglary.
(c) Except as otherwise provided in paragraph (a), (d),
or (e), no minor shall be detained in a county jail or
municipal lockup for more than 12 hours, unless the offense
is a crime of violence in which case the minor may be
detained up to 24 hours. For the purpose of this paragraph,
"crime of violence" has the meaning ascribed to it in Section
1-10 of the Alcoholism and Other Drug Abuse and Dependency
Act.
(i) The period of detention is deemed to have begun once
the minor has been placed in a locked room or cell or
handcuffed to a stationary object in a building housing a
county jail or municipal lockup. Time spent transporting a
minor is not considered to be time in detention or secure
custody.
(ii) Any minor so confined shall be under periodic
supervision and shall not be permitted to come into or remain
in contact with adults in custody in the building.
(iii) Upon placement in secure custody in a jail or
lockup, the minor shall be informed of the purpose of the
detention, the time it is expected to last and the fact that
it cannot exceed the time specified under this Act.
(iv) A log shall be kept which shows the offense which
is the basis for the detention, the reasons and circumstances
for the decision to detain and the length of time the minor
was in detention.
(v) Violation of the time limit on detention in a county
jail or municipal lockup shall not, in and of itself, render
inadmissible evidence obtained as a result of the violation
of this time limit. Minors under 17 years of age shall be
kept separate from confined adults and may not at any time be
kept in the same cell, room or yard with adults confined
pursuant to criminal law. Persons 17 years of age and older
who have a petition of delinquency filed against them may
shall be confined in an adult detention facility. In making a
determination whether to confine a person 17 years of age or
older who has a petition of delinquency filed against the
person, these factors, among other matters, shall be
considered:
(A) The age of the person;
(B) Any previous delinquent or criminal history of the
person;
(C) Any previous abuse or neglect history of the person;
and
(D) Any mental health or educational history of the
person, or both.
(d) (i) If a minor 12 years of age or older is confined
in a county jail in a county with a population below
3,000,000 inhabitants, then the minor's confinement shall be
implemented in such a manner that there will be no contact by
sight, sound or otherwise between the minor and adult
prisoners. 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 (d)(i) 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 promulgated by the
Department of Corrections and training standards approved by
the Illinois Law Enforcement Training Standards Board.
(ii) To accept or hold minors, 12 years of age or older,
after the time period prescribed in paragraph (d)(i) of this
subsection (2) 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.
(iii) To accept or hold minors 12 years of age or older,
after the time period prescribed in paragraphs (d)(i) and
(d)(ii) of this subsection (2) of this Section, county jails
shall comply with all programmatic and training standards for
juvenile detention homes promulgated by the Department of
Corrections.
(e) When a minor who is at least 15 years of age is
prosecuted under the criminal laws of this State, the court
may enter an order directing that the juvenile be confined in
the county jail. However, any juvenile confined in the
county jail under this provision shall be separated from
adults who are confined in the county jail in such a manner
that there will be no contact by sight, sound or otherwise
between the juvenile and adult prisoners.
(f) For purposes of appearing in a physical lineup, the
minor may be taken to a county jail or municipal lockup under
the direct and constant supervision of a juvenile police
officer. During such time as is necessary to conduct a
lineup, and while supervised by a juvenile police officer,
the sight and sound separation provisions shall not apply.
(g) For purposes of processing a minor, the minor may be
taken to a County Jail or municipal lockup under the direct
and constant supervision of a law enforcement officer or
correctional officer. During such time as is necessary to
process the minor, and while supervised by a law enforcement
officer or correctional officer, the sight and sound
separation provisions shall not apply.
(3) If the probation officer or State's Attorney (or
such other public officer designated by the court in a county
having 3,000,000 or more inhabitants) determines that the
minor may be a delinquent minor as described in subsection
(3) of Section 5-105, and should be retained in custody but
does not require physical restriction, the minor may be
placed in non-secure custody for up to 40 hours pending a
detention hearing.
(4) Any minor taken into temporary custody, not
requiring secure detention, may, however, be detained in the
home of his or her parent or guardian subject to such
conditions as the court may impose.
(Source: P.A. 90-590, eff. 1-1-99.)