Bill Text: IL HB0678 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Juvenile Court Act of 1987. Provides that an alleged juvenile delinquent must be brought before a judicial officer within 24 hours (rather than 40 hours) to determine further custody and that an initial detention hearing shall be no later than the morning after the juvenile arrived in placement, including weekends and holidays. Provides that if the juvenile is hospitalized or receiving treatment, the 24-hour period will not begin until the juvenile is released from the hospital or treatment center. Provides that if false information is given by the juvenile as to age, the 24-hour period will begin once it is determined that the juvenile is subject to the Act. Provides that the minor must be released from custody at the expiration of the 24-hour period if the minor is not brought before a judicial officer within that period. Provides that after the initial 24-hour period has lapsed, the court may review the minor's custodial status at any time prior to the trial or sentencing hearing.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB0678 Detail]

Download: Illinois-2017-HB0678-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB0678 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-415
Amends the Juvenile Court Act of 1987. Provides that an alleged juvenile delinquent must be brought before a judicial officer within 24 hours (rather than 40 hours) to determine further custody and that an initial detention hearing shall be no later than the morning after the juvenile arrived in placement, including weekends and holidays. Provides that if the juvenile is hospitalized or receiving treatment, the 24-hour period will not begin until the juvenile is released from the hospital or treatment center. Provides that if false information is given by the juvenile as to age, the 24-hour period will begin once it is determined that the juvenile is subject to the Act. Provides that the minor must be released from custody at the expiration of the 24-hour period if the minor is not brought before a judicial officer within that period. Provides that after the initial 24-hour period has lapsed, the court may review the minor's custodial status at any time prior to the trial or sentencing hearing.
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FISCAL NOTE ACT MAY APPLY JUDICIAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning courts.
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 5-415 as follows:
(705 ILCS 405/5-415)
Sec. 5-415. Setting of detention or shelter care hearing;
release.
(1) Unless sooner released, a minor alleged to be a
delinquent minor taken into temporary custody must be brought
before a judicial officer within 24 40 hours for a detention or
shelter care hearing to determine whether he or she shall be
further held in custody. The initial detention hearing shall be
held no later than the morning following the juvenile's
placement in detention, including weekends and holidays. 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 24 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 24 40 hour period will not commence until

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the court rules that the minor is subject to this Act and not
subject to prosecution under the Criminal Code of 1961 or the
Criminal Code of 2012. Any other delay attributable to a minor
alleged to be a delinquent minor who is taken into temporary
custody shall act to toll the 24 40 hour time period. The 24 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 court-designated holidays.
(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

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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.
(3) The minor must be released from custody at the
expiration of the 24 40 hour period specified by this Section
if not brought before a judicial officer within that period.
(4) After the initial 24 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.
(Source: P.A. 97-1150, eff. 1-25-13.)