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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2328 Introduced , by Rep. Robyn Gabel SYNOPSIS AS INTRODUCED:
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| 20 ILCS 505/17a-9 | from Ch. 23, par. 5017a-9 | 705 ILCS 405/5-410 | |
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Amends the Children and Family Services Act. Provides that the Illinois Juvenile Justice Commission shall study and make recommendations to the General Assembly regarding the availability of youth services to reduce the use of detention and prevent deeper criminal involvement. Amends the Juvenile Court Act of 1987. Provides that placement of a minor away from his or her home must be a last resort and the least restrictive alternative available. Provides that any minor 14 (rather than 10) years of age or older may be kept or detained in an authorized detention facility if the minor is arrested pursuant to the Act and there is probable cause to believe that the minor is a delinquent minor and that secure custody is a matter of immediate and urgent necessity in light of specified factors. Provides that no minor under 14 (instead of 12) years of age
shall be detained in a county jail or a municipal lockup for
more than 6 hours. Provides that a minor found to be guilty may be committed to the Department of
Juvenile Justice if the minor is at least 14 (rather than 13) years and under 20 years of age,
if the minor was found guilty of a felony offense or first degree murder. Provides that a minor under the age of 14 who is in violation of the law may be the subject of a petition under the Minors Requiring Authoritative Intervention Article of the Act, or may be held accountable through a community mediation program.
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| | A BILL FOR |
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| | HB2328 | | LRB103 28293 RLC 54672 b |
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| 1 | | AN ACT concerning minors.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Children and Family Services Act is amended |
| 5 | | by changing Section 17a-9 as follows:
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| 6 | | (20 ILCS 505/17a-9) (from Ch. 23, par. 5017a-9) |
| 7 | | Sec. 17a-9. Illinois Juvenile Justice Commission. |
| 8 | | (a) There is hereby created
the Illinois Juvenile Justice |
| 9 | | Commission which shall consist of 25 persons
appointed by the |
| 10 | | Governor.
The Chairperson of the Commission shall be appointed |
| 11 | | by the Governor. Of
the initial appointees, 8 shall serve a |
| 12 | | one-year term, 8 shall serve a two-year
term and 9 shall serve |
| 13 | | a three-year term. Thereafter, each successor
shall serve a |
| 14 | | three-year term. Vacancies shall be filled in the same manner
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| 15 | | as original appointments. Once appointed, members shall serve |
| 16 | | until their
successors are appointed and qualified. Members |
| 17 | | shall serve without
compensation,
except they shall be |
| 18 | | reimbursed for their actual expenses in the performance
of |
| 19 | | their duties.
The Commission shall carry out the rights, |
| 20 | | powers and duties established
in subparagraph (3) of paragraph |
| 21 | | (a) of Section 223 of the Federal "Juvenile
Justice and |
| 22 | | Delinquency Prevention Act of 1974", as now or hereafter |
| 23 | | amended.
The Commission shall determine the priorities for |
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| 1 | | expenditure of funds made
available to the State by the |
| 2 | | Federal Government pursuant to that Act.
The Commission shall |
| 3 | | have the following powers and duties: |
| 4 | | (1) Development, review and final approval of the |
| 5 | | State's juvenile justice
plan for funds under the Federal |
| 6 | | "Juvenile Justice and Delinquency Prevention
Act of 1974"; |
| 7 | | (2) Review and approve or disapprove juvenile justice |
| 8 | | and delinquency
prevention grant applications to the |
| 9 | | Department for federal funds under that Act; |
| 10 | | (3) Annual submission of recommendations to the |
| 11 | | Governor and the General
Assembly concerning matters |
| 12 | | relative to its function; |
| 13 | | (4) Responsibility for the review of funds allocated |
| 14 | | to Illinois under
the "Juvenile Justice and Delinquency |
| 15 | | Prevention Act of 1974" to ensure
compliance with all |
| 16 | | relevant federal laws and regulations; |
| 17 | | (5) Function as the advisory committee for the State
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| 18 | | Youth and Community Services Program as authorized under |
| 19 | | Section 17 of this
Act, and in that capacity be authorized |
| 20 | | and empowered to assist and advise the
Secretary of Human |
| 21 | | Services on matters related to juvenile
justice and |
| 22 | | delinquency prevention programs and services; and |
| 23 | | (5.5) Study and make recommendations to the General |
| 24 | | Assembly regarding the availability of youth services to |
| 25 | | reduce the use of detention and prevent deeper criminal |
| 26 | | involvement; and |
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| 1 | | (6) Study the impact of, develop timelines, and |
| 2 | | propose a funding structure to accommodate the expansion |
| 3 | | of the jurisdiction of the Illinois Juvenile Court to |
| 4 | | include youth age 17 under the jurisdiction of the |
| 5 | | Juvenile Court Act of 1987. The Commission shall submit a |
| 6 | | report by December 31, 2011 to the General Assembly with |
| 7 | | recommendations on extending juvenile court jurisdiction |
| 8 | | to youth age 17 charged with felony offenses. |
| 9 | | (b) On the effective date of this amendatory Act of the |
| 10 | | 96th General Assembly, the Illinois Juvenile Jurisdiction Task |
| 11 | | Force created by Public Act 95-1031 is abolished and its |
| 12 | | duties are transferred to the Illinois Juvenile Justice |
| 13 | | Commission as provided in paragraph (6) of subsection (a) of |
| 14 | | this Section. |
| 15 | | (Source: P.A. 96-1199, eff. 1-1-11.)
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| 16 | | Section 10. The Juvenile Court Act of 1987 is amended by |
| 17 | | changing Section 5-410 as follows:
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| 18 | | (705 ILCS 405/5-410)
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| 19 | | Sec. 5-410. Non-secure custody or detention.
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| 20 | | (1) Placement of a minor away from his or her home must be |
| 21 | | a last resort and the least restrictive alternative available. |
| 22 | | Any minor arrested or taken into custody pursuant to this Act |
| 23 | | who
requires care away from his or her home but who does not |
| 24 | | require physical
restriction shall be given temporary care in |
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| 1 | | a foster family home or other
shelter facility designated by |
| 2 | | the court.
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| 3 | | (2) (a) Any minor 14 10 years of age or older arrested
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| 4 | | pursuant to this Act where there is probable cause to believe |
| 5 | | that the minor
is a delinquent minor and that
(i) secure |
| 6 | | custody is a matter of immediate and urgent necessity, in |
| 7 | | light of a serious threat to the physical safety of a person or |
| 8 | | persons in the community or in order to secure the presence of |
| 9 | | the minor at the next hearing, as evidenced by a demonstrable |
| 10 | | record of willful failure to appear at a scheduled court |
| 11 | | hearing within the past 12 months, may be kept or detained in |
| 12 | | an authorized
detention facility. for the
protection of the |
| 13 | | minor or of the person or property of another, (ii) the minor
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| 14 | | is likely to flee the jurisdiction of the court, or (iii) the |
| 15 | | minor was taken
into custody under a warrant, may be kept or |
| 16 | | detained in an authorized
detention facility. A minor under 13 |
| 17 | | years of age shall not be admitted, kept, or detained in a |
| 18 | | detention facility unless a local youth service provider, |
| 19 | | including a provider through the Comprehensive Community Based |
| 20 | | Youth Services network, has been contacted and has not been |
| 21 | | able to accept the minor. No minor under 14 12 years of age |
| 22 | | shall be detained in a
county jail or a municipal lockup for |
| 23 | | more than 6 hours. A minor under the age of 14 who is in |
| 24 | | violation of the law may be the subject of a petition under |
| 25 | | Article III or may be held accountable through a community |
| 26 | | mediation program as set forth in Section 5-310.
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| 1 | | (a-5) For a minor arrested or taken into custody for |
| 2 | | vehicular hijacking or aggravated vehicular hijacking, a |
| 3 | | previous finding of delinquency for vehicular hijacking or |
| 4 | | aggravated vehicular hijacking shall be given greater weight |
| 5 | | in determining whether secured custody of a minor is a matter |
| 6 | | of immediate and urgent necessity for the protection of the |
| 7 | | minor or of the person or property of another. |
| 8 | | (b) The written authorization of the probation officer or |
| 9 | | detention officer
(or other public officer designated by the |
| 10 | | court in a county having
3,000,000 or more inhabitants) |
| 11 | | constitutes authority for the superintendent of
any juvenile |
| 12 | | detention home to detain and keep a minor for up to 40 hours,
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| 13 | | excluding Saturdays, Sundays, and court-designated holidays. |
| 14 | | These
records shall be available to the same persons and |
| 15 | | pursuant to the same
conditions as are law enforcement records |
| 16 | | as provided in Section 5-905.
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| 17 | | (b-4) The consultation required by paragraph (b-5) shall |
| 18 | | not be applicable
if the probation officer or detention |
| 19 | | officer (or other public officer
designated
by the court in a
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| 20 | | county having 3,000,000 or more inhabitants) utilizes a |
| 21 | | scorable detention
screening instrument, which has been |
| 22 | | developed with input by the State's
Attorney, to
determine |
| 23 | | whether a minor should be detained, however, paragraph (b-5) |
| 24 | | shall
still be applicable where no such screening instrument |
| 25 | | is used or where the
probation officer, detention officer (or |
| 26 | | other public officer designated by the
court in a county
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| 1 | | having 3,000,000 or more inhabitants) deviates from the |
| 2 | | screening instrument.
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| 3 | | (b-5) Subject to the provisions of paragraph (b-4), if a |
| 4 | | probation officer
or detention officer
(or other public |
| 5 | | officer designated by
the court in a county having 3,000,000 |
| 6 | | or more inhabitants) does not intend to
detain a minor for an |
| 7 | | offense which constitutes one of the following offenses
he or |
| 8 | | she shall consult with the State's Attorney's Office prior to |
| 9 | | the release
of the minor: first degree murder, second degree |
| 10 | | murder, involuntary
manslaughter, criminal sexual assault, |
| 11 | | aggravated criminal sexual assault,
aggravated battery with a |
| 12 | | firearm as described in Section 12-4.2 or subdivision (e)(1), |
| 13 | | (e)(2), (e)(3), or (e)(4) of Section 12-3.05, aggravated or |
| 14 | | heinous battery involving
permanent disability or |
| 15 | | disfigurement or great bodily harm, robbery, aggravated
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| 16 | | robbery, armed robbery, vehicular hijacking, aggravated |
| 17 | | vehicular hijacking,
vehicular invasion, arson, aggravated |
| 18 | | arson, kidnapping, aggravated kidnapping,
home invasion, |
| 19 | | burglary, or residential burglary.
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| 20 | | (c) Except as otherwise provided in paragraph (a), (d), or |
| 21 | | (e), no minor
shall
be detained in a county jail or municipal |
| 22 | | lockup for more than 12 hours, unless
the offense is a crime of |
| 23 | | violence in which case the minor may be detained up
to 24 |
| 24 | | hours. For the purpose of this paragraph, "crime of violence" |
| 25 | | has the
meaning
ascribed to it in Section 1-10 of the |
| 26 | | Alcoholism and Other Drug Abuse and
Dependency Act.
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| 1 | | (i) The
period of detention is deemed to have begun |
| 2 | | once the minor has been placed in a
locked room or cell or |
| 3 | | handcuffed to a stationary object in a building housing
a |
| 4 | | county jail or municipal lockup. Time spent transporting a |
| 5 | | minor is not
considered to be time in detention or secure |
| 6 | | custody.
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| 7 | | (ii) Any minor so
confined shall be under periodic |
| 8 | | supervision and shall not be permitted to come
into or |
| 9 | | remain in contact with adults in custody in the building.
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| 10 | | (iii) Upon
placement in secure custody in a jail or |
| 11 | | lockup, the
minor shall be informed of the purpose of the |
| 12 | | detention, the time it is
expected to last and the fact |
| 13 | | that it cannot exceed the time specified under
this Act.
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| 14 | | (iv) A log shall
be kept which shows the offense which |
| 15 | | is the basis for the detention, the
reasons and |
| 16 | | circumstances for the decision to detain, and the length |
| 17 | | of time the
minor was in detention.
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| 18 | | (v) Violation of the time limit on detention
in a |
| 19 | | county jail or municipal lockup shall not, in and of |
| 20 | | itself, render
inadmissible evidence obtained as a result |
| 21 | | of the violation of this
time limit. Minors under 18 years |
| 22 | | of age shall be kept separate from confined
adults and may |
| 23 | | not at any time be kept in the same cell, room, or yard |
| 24 | | with
adults confined pursuant to criminal law. Persons 18 |
| 25 | | years of age and older
who have a petition of delinquency |
| 26 | | filed against them may be
confined in an
adult detention |
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| 1 | | facility.
In making a determination whether to confine a |
| 2 | | person 18 years of age or
older
who has a petition of |
| 3 | | delinquency filed against the person, these factors,
among |
| 4 | | other matters, shall be considered:
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| 5 | | (A) the age of the person;
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| 6 | | (B) any previous delinquent or criminal history of |
| 7 | | the person;
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| 8 | | (C) any previous abuse or neglect history of the |
| 9 | | person; and
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| 10 | | (D) any mental health or educational history of |
| 11 | | the person, or both.
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| 12 | | (d) (i) If a minor 12 years of age or older is confined in |
| 13 | | a county jail
in a
county with a population below 3,000,000 |
| 14 | | inhabitants, then the minor's
confinement shall be implemented |
| 15 | | in such a manner that there will be no contact
by sight, sound, |
| 16 | | or otherwise between the minor and adult prisoners. Minors
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| 17 | | years of age or older must be kept separate from confined |
| 18 | | adults and may not
at any time
be kept in the same cell, room, |
| 19 | | or yard with confined adults. This paragraph
(d)(i) shall only |
| 20 | | apply to confinement pending an adjudicatory hearing and
shall |
| 21 | | not exceed 40 hours, excluding Saturdays, Sundays, and |
| 22 | | court-designated
holidays. To accept or hold minors during |
| 23 | | this time period, county jails shall
comply with all |
| 24 | | monitoring standards adopted by the Department of
Corrections |
| 25 | | and training standards approved by the Illinois Law |
| 26 | | Enforcement
Training Standards Board.
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| 1 | | (ii) To accept or hold minors, 12 years of age or older, |
| 2 | | after the time
period
prescribed in paragraph (d)(i) of this |
| 3 | | subsection (2) of this Section but not
exceeding 7 days |
| 4 | | including Saturdays, Sundays, and holidays pending an
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| 5 | | adjudicatory hearing, county jails shall comply with all |
| 6 | | temporary detention
standards adopted by the Department of |
| 7 | | Corrections and training standards
approved by the Illinois |
| 8 | | Law Enforcement Training Standards Board.
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| 9 | | (iii) To accept or hold minors 12 years of age or older, |
| 10 | | after the time
period prescribed in paragraphs (d)(i) and |
| 11 | | (d)(ii) of this subsection (2) of
this
Section, county jails |
| 12 | | shall comply with all county juvenile detention standards |
| 13 | | adopted by the Department of Juvenile Justice.
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| 14 | | (e) When a minor who is at least 15 years of age is |
| 15 | | prosecuted under the
criminal laws of this State,
the court |
| 16 | | may enter an order directing that the juvenile be confined
in |
| 17 | | the county jail. However, any juvenile confined in the county |
| 18 | | jail under
this provision shall be separated from adults who |
| 19 | | are confined in the county
jail in such a manner that there |
| 20 | | will be no contact by sight, sound or
otherwise between the |
| 21 | | juvenile and adult prisoners.
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| 22 | | (f) For purposes of appearing in a physical lineup, the |
| 23 | | minor may be taken
to a county jail or municipal lockup under |
| 24 | | the direct and constant supervision
of a juvenile police |
| 25 | | officer. During such time as is necessary to conduct a
lineup, |
| 26 | | and while supervised by a juvenile police officer, the sight |
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| 1 | | and sound
separation provisions shall not apply.
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| 2 | | (g) For purposes of processing a minor, the minor may be |
| 3 | | taken to a county jail or municipal lockup under the direct and |
| 4 | | constant supervision of a law
enforcement officer or |
| 5 | | correctional officer. During such time as is necessary
to |
| 6 | | process the minor, and while supervised by a law enforcement |
| 7 | | officer or
correctional officer, the sight and sound |
| 8 | | separation provisions shall not
apply.
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| 9 | | (3) If the probation officer or State's Attorney (or such |
| 10 | | other public
officer designated by the court in a county |
| 11 | | having 3,000,000 or more
inhabitants) determines that the |
| 12 | | minor may be a delinquent minor as described
in subsection (3) |
| 13 | | of Section 5-105, and should be retained in custody but does
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| 14 | | not require
physical restriction, the minor may be placed in |
| 15 | | non-secure custody for up to
40 hours pending a detention |
| 16 | | hearing.
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| 17 | | (4) Any minor taken into temporary custody, not requiring |
| 18 | | secure
detention, may, however, be detained in the home of his |
| 19 | | or her parent or
guardian subject to such conditions as the |
| 20 | | court may impose.
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| 21 | | (5) The changes made to this Section by Public Act 98-61 |
| 22 | | apply to a minor who has been arrested or taken into custody on |
| 23 | | or after January 1, 2014 (the effective date of Public Act |
| 24 | | 98-61). |
| 25 | | (Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)
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