Bill Text: IL HB2986 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Juvenile Court Act of 1987. Provides that minors shall be brought before a judicial officer within 40 hours, which includes Saturdays, Sundays, and court-designated holidays (rather than within 40 hours exclusive of Saturdays, Sundays, and court-designated holidays. Makes conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB2986 Detail]

Download: Illinois-2017-HB2986-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB2986 Introduced , by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-407
705 ILCS 405/5-410
705 ILCS 405/5-415
Amends the Juvenile Court Act of 1987. Provides that minors shall be brought before a judicial officer within 40 hours, which includes Saturdays, Sundays, and court-designated holidays (rather than within 40 hours exclusive of Saturdays, Sundays, and court-designated holidays. Makes conforming changes.
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A BILL FOR
HB2986 LRB100 10976 SLF 21214 b
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 Sections 5-407, 5-410, and 5-415 as follows:
(705 ILCS 405/5-407)
Sec. 5-407. Processing of juvenile in possession of a
firearm.
(a) If a law enforcement officer detains a minor pursuant
to Section 10-27.1A of the School Code, the officer shall
deliver the minor to the nearest juvenile officer, in the
manner prescribed by subsection (2) of Section 5-405 of this
Act. The juvenile officer shall deliver the minor without
unnecessary delay to the court or to the place designated by
rule or order of court for the reception of minors. In no event
shall the minor be eligible for any other disposition by the
juvenile police officer, notwithstanding the provisions of
subsection (3) of Section 5-405 of this Act.
(b) Minors shall be brought before a judicial officer
within 40 hours, which includes exclusive of Saturdays,
Sundays, and court-designated holidays, for a detention
hearing to determine whether he or she shall be further held in
custody. If the court finds that there is probable cause to

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believe that the minor is a delinquent minor by virtue of his
or her violation of item (4) of subsection (a) of Section 24-1
of the Criminal Code of 1961 or the Criminal Code of 2012 while
on school grounds, that finding shall create a presumption that
immediate and urgent necessity exists under subdivision (2) of
Section 5-501 of this Act. Once the presumption of immediate
and urgent necessity has been raised, the burden of
demonstrating the lack of immediate and urgent necessity shall
be on any party that is opposing detention for the minor.
Should the court order detention pursuant to this Section, the
minor shall be detained, pending the results of a court-ordered
psychological evaluation to determine if the minor is a risk to
himself, herself, or others. Upon receipt of the psychological
evaluation, the court shall review the determination regarding
the existence of urgent and immediate necessity. The court
shall consider the psychological evaluation in conjunction
with the other factors identified in subdivision (2) of Section
5-501 of this Act in order to make a de novo determination
regarding whether it is a matter of immediate and urgent
necessity for the protection of the minor or of the person or
property of another that the minor be detained or placed in a
shelter care facility. In addition to the pre-trial conditions
found in Section 5-505 of this Act, the court may order the
minor to receive counseling and any other services recommended
by the psychological evaluation as a condition for release of
the minor.

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(c) Upon making a determination that the student presents a
risk to himself, herself, or others, the court shall issue an
order restraining the student from entering the property of the
school if he or she has been suspended or expelled from the
school as a result of possessing a firearm. The order shall
restrain the student from entering the school and school owned
or leased property, including any conveyance owned, leased, or
contracted by the school to transport students to or from
school or a school-related activity. The order shall remain in
effect until such time as the court determines that the student
no longer presents a risk to himself, herself, or others.
(d) Psychological evaluations ordered pursuant to
subsection (b) of this Section and statements made by the minor
during the course of these evaluations, shall not be admissible
on the issue of delinquency during the course of any
adjudicatory hearing held under this Act.
(e) In this Section:
"School" means any public or private elementary or
secondary school.
"School grounds" includes the real property comprising any
school, any conveyance owned, leased, or contracted by a school
to transport students to or from school or a school-related
activity, or any public way within 1,000 feet of the real
property comprising any school.
(Source: P.A. 99-258, eff. 1-1-16.)

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(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. 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
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.
(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

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detention home to detain and keep a minor for up to 40 hours,
which includes 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 as
described in Section 12-4.2 or subdivision (e)(1), (e)(2),

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(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
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.

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(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
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

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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
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
adopted by the Department of Juvenile Justice.

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(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

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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.
(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. 98-61, eff. 1-1-14; 98-685, eff. 1-1-15; 98-756,
eff. 7-16-14; 99-254, eff. 1-1-16.)
(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 40 hours for a detention or
shelter care hearing to determine whether he or she shall be
further held in custody. 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 40 hour period will not commence until the
minor is released from the hospital or place of treatment. If

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the minor gives false information to law enforcement officials
regarding the minor's identity or age, the 40 hour period will
not commence until 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 40 hour time
period. The 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 which
includes 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,

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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
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 40 hour period specified by this Section if
not brought before a judicial officer within that period.
(4) After the initial 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.)