Bill Text: IL HB1084 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Unified Code of Corrections. Provides that a minor placed in a State or county juvenile detention facility may not be placed in isolation for discipline, punishment, retaliation, or any other reason except as a temporary response to a minor's behavior that poses a serious and immediate risk of physical harm to any individual, including the minor. Provides that if a minor placed in a State or county juvenile detention facility poses a serious and immediate risk of physical harm to any individual, including the minor, before a staff member of the facility places the minor in isolation, the staff member shall attempt to use other less restrictive options, unless attempting those options poses a threat to the safety or security of any minor or staff. Limits the amount of time the minor may be placed in isolation. Amends the Juvenile Court Act of 1987 to make conforming changes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2023-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB1084 Detail]

Download: Illinois-2023-HB1084-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1084 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-410
730 ILCS 5/3-15-2 from Ch. 38, par. 1003-15-2
Amends the Unified Code of Corrections. Provides that a minor placed in a State or county juvenile detention facility may not be placed in isolation for discipline, punishment, retaliation, or any other reason except as a temporary response to a minor's behavior that poses a serious and immediate risk of physical harm to any individual, including the minor. Provides that if a minor placed in a State or county juvenile detention facility poses a serious and immediate risk of physical harm to any individual, including the minor, before a staff member of the facility places the minor in isolation, the staff member shall attempt to use other less restrictive options, unless attempting those options poses a threat to the safety or security of any minor or staff. Limits the amount of time the minor may be placed in isolation. Amends the Juvenile Court Act of 1987 to make conforming changes.
LRB103 05019 RLC 50032 b
A BILL FOR
HB1084 LRB103 05019 RLC 50032 b
AN ACT concerning minors.
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) secure
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. A minor under 13 years of age shall not be admitted,
kept, or detained in a detention facility unless a local youth
service provider, including a provider through the

HB1084 - 2 - LRB103 05019 RLC 50032 b
Comprehensive Community Based Youth Services network, has been
contacted and has not been able to accept the minor. No minor
under 12 years of age shall be detained in a county jail or a
municipal lockup for more than 6 hours.
(a-5) For a minor arrested or taken into custody for
vehicular hijacking or aggravated vehicular hijacking, a
previous finding of delinquency for vehicular hijacking or
aggravated vehicular hijacking shall be given greater weight
in determining whether secured custody of a minor is a matter
of immediate and urgent necessity for the protection of the
minor or of the person or property of another.
(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 paragraph (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

HB1084 - 3 - LRB103 05019 RLC 50032 b
whether a minor should be detained, however, paragraph (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 paragraph (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 as described in Section 12-4.2 or subdivision (e)(1),
(e)(2), (e)(3), or (e)(4) of Section 12-3.05, 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

HB1084 - 4 - LRB103 05019 RLC 50032 b
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 18 years
of age shall be kept separate from confined adults and may

HB1084 - 5 - LRB103 05019 RLC 50032 b
not at any time be kept in the same cell, room, or yard
with adults confined pursuant to criminal law. Persons 18
years of age and older who have a petition of delinquency
filed against them may be confined in an adult detention
facility. In making a determination whether to confine a
person 18 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

HB1084 - 6 - LRB103 05019 RLC 50032 b
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.
(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 adopted 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 county juvenile detention standards,
including standards on isolation of minors under Section
3-15-2 of the Unified Code of Corrections, adopted by the
Department of Juvenile Justice.
(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

HB1084 - 7 - LRB103 05019 RLC 50032 b
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.

HB1084 - 8 - LRB103 05019 RLC 50032 b
(5) The changes made to this Section by Public Act 98-61
apply to a minor who has been arrested or taken into custody on
or after January 1, 2014 (the effective date of Public Act
98-61).
(Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)
Section 10. The Unified Code of Corrections is amended by
changing Section 3-15-2 as follows:
(730 ILCS 5/3-15-2) (from Ch. 38, par. 1003-15-2)
Sec. 3-15-2. Standards and Assistance to Local Jails and
Detention and Shelter Care Facilities.
(a) The Department of Corrections shall establish for the
operation of county and municipal jails and houses of
correction, minimum standards for the physical condition of
such institutions and for the treatment of inmates with
respect to their health and safety and the security of the
community.
(1) The Department of Juvenile Justice shall establish
for the operation of county juvenile detention and shelter
care facilities established pursuant to the County Shelter
Care and Detention Home Act, minimum standards for the
physical condition of such institutions and for the
treatment of juveniles with respect to their health and
safety and the security of the community.
(2) Such standards shall not apply to county shelter

HB1084 - 9 - LRB103 05019 RLC 50032 b
care facilities which were in operation prior to January
1, 1980; except that standards on isolation of minors
placed in those county shelter care facilities under
paragraph (3) apply.
(3) A minor placed in a State or county juvenile
detention facility may not be placed in isolation for
discipline, punishment, retaliation, or any other reason
except as as a temporary response to a minor's behavior
that poses a serious and immediate risk of physical harm
to any individual, including the minor. If a minor placed
in a State or county juvenile detention facility poses a
serious and immediate risk of physical harm to any
individual, including the minor, before a staff member of
the facility places the minor in isolation, the staff
member shall attempt to use other less restrictive
options, unless attempting those options poses a threat to
the safety or security of any minor or staff. If the minor
is placed in isolation because the minor poses a serious
and immediate risk of physical harm to himself or herself,
or to others, the minor shall be released from isolation
immediately upon the minor sufficiently gaining control so
as to no longer engage in behavior that threatens a
serious and immediate risk of physical harm to himself or
herself, or to others, but in no event later than:
(A) 3 hours after being placed in isolation, in
the case of a minor who poses a serious and immediate

HB1084 - 10 - LRB103 05019 RLC 50032 b
risk of physical harm to others; or
(B) 30 minutes after being placed in isolation, in
the case of a minor who poses a serious and immediate
risk of physical harm only to himself or herself.
As used in this paragraph (3):
"Isolation" means a state of isolation in which a
minor is unable to engage in social interactions and
religious and recreational activities with other
minors placed in the facility or with parents,
guardians, other family members, friends, loved ones,
caregivers, and external support systems.
"Religious and recreational activities" includes
any religious, social, or recreational activity that
is consistent with a minor's preferences and choosing,
regardless of whether the activity is coordinated,
offered, provided, or sponsored by facility staff or
by an outside activities provider.
(4) Such standards shall not seek to mandate minimum
floor space requirements for each inmate housed in cells
and detention rooms in county and municipal jails and
houses of correction. However, no more than two inmates
may be housed in a single cell or detention room.
(5) When an inmate is tested for an airborne
communicable disease, as determined by the Illinois
Department of Public Health including but not limited to
tuberculosis, the results of the test shall be personally

HB1084 - 11 - LRB103 05019 RLC 50032 b
delivered by the warden or his or her designee in a sealed
envelope to the judge of the court in which the inmate must
appear for the judge's inspection in camera if requested
by the judge. Acting in accordance with the best interests
of those in the courtroom, the judge shall have the
discretion to determine what if any precautions need to be
taken to prevent transmission of the disease in the
courtroom.
(b) At least once each year, the Department of Corrections
may inspect each adult facility for compliance with the
standards established and the results of such inspection shall
be made available by the Department for public inspection. At
least once each year, the Department of Juvenile Justice shall
inspect each county juvenile detention and shelter care
facility for compliance with the standards established, and
the Department of Juvenile Justice shall make the results of
such inspections available for public inspection. If any
detention, shelter care or correctional facility does not
comply with the standards established, the Director of
Corrections or the Director of Juvenile Justice, as the case
may be, shall give notice to the county board and the sheriff
or the corporate authorities of the municipality, as the case
may be, of such noncompliance, specifying the particular
standards that have not been met by such facility. If the
facility is not in compliance with such standards when six
months have elapsed from the giving of such notice, the

HB1084 - 12 - LRB103 05019 RLC 50032 b
Director of Corrections or the Director of Juvenile Justice,
as the case may be, may petition the appropriate court for an
order requiring such facility to comply with the standards
established by the Department or for other appropriate relief.
(c) The Department of Corrections may provide consultation
services for the design, construction, programs and
administration of correctional facilities and services for
adults operated by counties and municipalities and may make
studies and surveys of the programs and the administration of
such facilities. Personnel of the Department shall be admitted
to these facilities as required for such purposes. The
Department may develop and administer programs of
grants-in-aid for correctional services in cooperation with
local agencies. The Department may provide courses of training
for the personnel of such institutions and conduct pilot
projects in the institutions.
(c-5) The Department of Juvenile Justice may provide
consultation services for the design, construction, programs,
and administration of detention and shelter care services for
children operated by counties and municipalities and may make
studies and surveys of the programs and the administration of
such facilities. Personnel of the Department of Juvenile
Justice shall be admitted to these facilities as required for
such purposes. The Department of Juvenile Justice may develop
and administer programs of grants-in-aid for juvenile
correctional services in cooperation with local agencies. The

HB1084 - 13 - LRB103 05019 RLC 50032 b
Department of Juvenile Justice may provide courses of training
for the personnel of such institutions and conduct pilot
projects in the institutions.
(d) The Department is authorized to issue reimbursement
grants for counties, municipalities or public building
commissions for the purpose of meeting minimum correctional
facilities standards set by the Department under this Section.
Grants may be issued only for projects that were completed
after July 1, 1980 and initiated prior to January 1, 1987.
(1) Grants for regional correctional facilities shall
not exceed 90% of the project costs or $7,000,000,
whichever is less.
(2) Grants for correctional facilities by a single
county, municipality or public building commission shall
not exceed 75% of the proposed project costs or
$4,000,000, whichever is less.
(3) As used in this subsection (d), "project" means
only that part of a facility that is constructed for jail,
correctional or detention purposes and does not include
other areas of multi-purpose buildings.
Construction or renovation grants are authorized to be
issued by the Capital Development Board from capital
development bond funds after application by a county or
counties, municipality or municipalities or public building
commission or commissions and approval of a construction or
renovation grant by the Department for projects initiated

HB1084 - 14 - LRB103 05019 RLC 50032 b
after January 1, 1987.
(e) The Department of Corrections shall adopt standards
for county jails to hold juveniles on a temporary basis, as
provided in Section 5-410 of the Juvenile Court Act of 1987.
These standards shall include monitoring, educational,
recreational, and disciplinary standards as well as access to
medical services, crisis intervention, mental health services,
suicide prevention, health care, nutritional needs, and
visitation rights. The Department of Corrections shall also
notify any county applying to hold juveniles in a county jail
of the standards for juvenile detention under Section 5-410 of
the Juvenile Court Act of 1987.
(Source: P.A. 98-685, eff. 1-1-15.)