|
| | 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.
| |
| | |
| | A BILL FOR |
|
|
| | HB2986 | | LRB100 10976 SLF 21214 b |
|
|
| 1 | | AN ACT concerning courts.
|
| 2 | | Be it enacted by the People of the State of Illinois,
|
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by |
| 5 | | changing Sections 5-407, 5-410, and 5-415 as follows:
|
| 6 | | (705 ILCS 405/5-407)
|
| 7 | | Sec. 5-407. Processing of juvenile in possession of a |
| 8 | | firearm.
|
| 9 | | (a) If a law enforcement officer detains a minor pursuant |
| 10 | | to Section
10-27.1A of the
School Code, the officer shall |
| 11 | | deliver the minor to the nearest juvenile
officer, in the |
| 12 | | manner
prescribed by subsection (2) of Section 5-405 of this |
| 13 | | Act. The juvenile
officer shall deliver the
minor without |
| 14 | | unnecessary delay to the court or to the place designated by |
| 15 | | rule
or order of court
for the reception of minors. In no event |
| 16 | | shall the minor be eligible for any
other disposition by
the |
| 17 | | juvenile police officer, notwithstanding the provisions of |
| 18 | | subsection (3)
of Section 5-405 of
this Act.
|
| 19 | | (b) Minors shall be brought before a judicial officer |
| 20 | | within
40 hours, which includes
exclusive of Saturdays,
|
| 21 | | Sundays, and court-designated holidays, for a detention |
| 22 | | hearing to determine
whether he or she
shall be further held in |
| 23 | | custody. If the court finds that there is probable
cause to |
|
| | HB2986 | - 2 - | LRB100 10976 SLF 21214 b |
|
|
|
| 1 | | believe that the
minor is a delinquent minor by virtue of his |
| 2 | | or her violation of item (4) of
subsection (a) of
Section 24-1 |
| 3 | | of the Criminal Code of 1961 or the Criminal Code of 2012
while |
| 4 | | on school grounds, that finding shall create a presumption that |
| 5 | | immediate
and urgent necessity exists under
subdivision (2) of |
| 6 | | Section 5-501 of this Act. Once the presumption of
immediate |
| 7 | | and urgent necessity has been raised, the burden of |
| 8 | | demonstrating the
lack of immediate and urgent necessity shall |
| 9 | | be on any party that is opposing
detention for the minor. |
| 10 | | Should the court order detention pursuant to this
Section, the |
| 11 | | minor
shall be detained, pending the results of a court-ordered
|
| 12 | | psychological
evaluation to determine if the minor is a risk to |
| 13 | | himself, herself, or others.
Upon receipt of the
psychological |
| 14 | | evaluation, the court shall review the determination regarding
|
| 15 | | the existence of
urgent and immediate necessity. The court |
| 16 | | shall consider the psychological
evaluation in
conjunction |
| 17 | | with the other factors identified in subdivision (2) of Section
|
| 18 | | 5-501 of this Act in
order to make a de novo determination |
| 19 | | regarding whether it is a matter of
immediate and urgent
|
| 20 | | necessity for the protection of the minor or of the person or |
| 21 | | property of
another that the minor be
detained or placed in a |
| 22 | | shelter care facility. In addition to the pre-trial
conditions |
| 23 | | found in
Section 5-505 of this Act, the court may order the |
| 24 | | minor to receive counseling
and any other
services recommended |
| 25 | | by the psychological evaluation as a condition for release
of |
| 26 | | the minor.
|
|
| | HB2986 | - 3 - | LRB100 10976 SLF 21214 b |
|
|
|
| 1 | | (c) Upon making a determination that the student presents a |
| 2 | | risk to himself,
herself, or
others, the court shall issue an |
| 3 | | order restraining the student from entering
the property of the
|
| 4 | | school if he or she has been suspended or expelled from the |
| 5 | | school as a result
of possessing a
firearm. The order shall |
| 6 | | restrain the student from entering the school and
school
owned |
| 7 | | or leased
property, including any conveyance owned, leased, or |
| 8 | | contracted by the school
to transport
students to or from |
| 9 | | school or a school-related activity. The order shall
remain in |
| 10 | | effect until such
time as the court determines that the student |
| 11 | | no longer presents a risk to
himself, herself, or
others.
|
| 12 | | (d) Psychological evaluations ordered pursuant to |
| 13 | | subsection (b) of this
Section and
statements made by the minor |
| 14 | | during the course of these evaluations, shall not
be admissible |
| 15 | | on
the issue of delinquency during the course of any |
| 16 | | adjudicatory hearing held
under this Act.
|
| 17 | | (e) In this Section:
|
| 18 | | "School" means any public or
private
elementary or |
| 19 | | secondary school.
|
| 20 | | "School grounds" includes the real
property comprising
any |
| 21 | | school, any conveyance owned, leased, or contracted by a school |
| 22 | | to
transport students to or
from school or a school-related |
| 23 | | activity, or any public way within 1,000
feet of the real
|
| 24 | | property comprising any school.
|
| 25 | | (Source: P.A. 99-258, eff. 1-1-16.)
|
|
| | HB2986 | - 4 - | LRB100 10976 SLF 21214 b |
|
|
|
| 1 | | (705 ILCS 405/5-410)
|
| 2 | | Sec. 5-410. Non-secure custody or detention.
|
| 3 | | (1) Any minor arrested or taken into custody pursuant to |
| 4 | | this Act who
requires care away from his or her home but who |
| 5 | | does not require physical
restriction shall be given temporary |
| 6 | | care in a foster family home or other
shelter facility |
| 7 | | designated by the court.
|
| 8 | | (2) (a) Any minor 10 years of age or older arrested
|
| 9 | | pursuant to this Act where there is probable cause to believe |
| 10 | | that the minor
is a delinquent minor and that
(i) secured |
| 11 | | custody is a matter of immediate and urgent necessity for the
|
| 12 | | protection of the minor or of the person or property of |
| 13 | | another, (ii) the minor
is likely to flee the jurisdiction of |
| 14 | | the court, or (iii) the minor was taken
into custody under a |
| 15 | | warrant, may be kept or detained in an authorized
detention |
| 16 | | facility. A minor under 13 years of age shall not be admitted, |
| 17 | | kept, or detained in a detention facility unless a local youth |
| 18 | | service provider, including a provider through the |
| 19 | | Comprehensive Community Based Youth Services network, has been |
| 20 | | contacted and has not been able to accept the minor. No minor |
| 21 | | under 12 years of age shall be detained in a
county jail or a |
| 22 | | municipal lockup for more than 6 hours.
|
| 23 | | (b) The written authorization of the probation officer or |
| 24 | | detention officer
(or other public officer designated by the |
| 25 | | court in a county having
3,000,000 or more inhabitants) |
| 26 | | constitutes authority for the superintendent of
any juvenile |
|
| | HB2986 | - 5 - | LRB100 10976 SLF 21214 b |
|
|
|
| 1 | | detention home to detain and keep a minor for up to 40 hours, |
| 2 | | which includes
excluding Saturdays, Sundays and |
| 3 | | court-designated holidays. These
records shall be available to |
| 4 | | the same persons and pursuant to the same
conditions as are law |
| 5 | | enforcement records as provided in Section 5-905.
|
| 6 | | (b-4) The consultation required by subsection (b-5) shall |
| 7 | | not be applicable
if the probation officer or detention officer |
| 8 | | (or other public officer
designated
by the court in a
county |
| 9 | | having 3,000,000 or more inhabitants) utilizes a scorable |
| 10 | | detention
screening instrument, which has been developed with |
| 11 | | input by the State's
Attorney, to
determine whether a minor |
| 12 | | should be detained, however, subsection (b-5) shall
still be |
| 13 | | applicable where no such screening instrument is used or where |
| 14 | | the
probation officer, detention officer (or other public |
| 15 | | officer designated by the
court in a county
having 3,000,000 or |
| 16 | | more inhabitants) deviates from the screening instrument.
|
| 17 | | (b-5) Subject to the provisions of subsection (b-4), if a |
| 18 | | probation officer
or detention officer
(or other public officer |
| 19 | | designated by
the court in a county having 3,000,000 or more |
| 20 | | inhabitants) does not intend to
detain a minor for an offense |
| 21 | | which constitutes one of the following offenses
he or she shall |
| 22 | | consult with the State's Attorney's Office prior to the release
|
| 23 | | of the minor: first degree murder, second degree murder, |
| 24 | | involuntary
manslaughter, criminal sexual assault, aggravated |
| 25 | | criminal sexual assault,
aggravated battery with a firearm as |
| 26 | | described in Section 12-4.2 or subdivision (e)(1), (e)(2), |
|
| | HB2986 | - 6 - | LRB100 10976 SLF 21214 b |
|
|
|
| 1 | | (e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous |
| 2 | | battery involving
permanent disability or disfigurement or |
| 3 | | great bodily harm, robbery, aggravated
robbery, armed robbery, |
| 4 | | vehicular hijacking, aggravated vehicular hijacking,
vehicular |
| 5 | | invasion, arson, aggravated arson, kidnapping, aggravated |
| 6 | | kidnapping,
home invasion, burglary, or residential burglary.
|
| 7 | | (c) Except as otherwise provided in paragraph (a), (d), or |
| 8 | | (e), no minor
shall
be detained in a county jail or municipal |
| 9 | | lockup for more than 12 hours, unless
the offense is a crime of |
| 10 | | violence in which case the minor may be detained up
to 24 |
| 11 | | hours. For the purpose of this paragraph, "crime of violence" |
| 12 | | has the
meaning
ascribed to it in Section 1-10 of the |
| 13 | | Alcoholism and Other Drug Abuse and
Dependency Act.
|
| 14 | | (i) The
period of detention is deemed to have begun |
| 15 | | once the minor has been placed in a
locked room or cell or |
| 16 | | handcuffed to a stationary object in a building housing
a |
| 17 | | county jail or municipal lockup. Time spent transporting a |
| 18 | | minor is not
considered to be time in detention or secure |
| 19 | | custody.
|
| 20 | | (ii) Any minor so
confined shall be under periodic |
| 21 | | supervision and shall not be permitted to come
into or |
| 22 | | remain in contact with adults in custody in the building.
|
| 23 | | (iii) Upon
placement in secure custody in a jail or |
| 24 | | lockup, the
minor shall be informed of the purpose of the |
| 25 | | detention, the time it is
expected to last and the fact |
| 26 | | that it cannot exceed the time specified under
this Act.
|
|
| | HB2986 | - 7 - | LRB100 10976 SLF 21214 b |
|
|
|
| 1 | | (iv) A log shall
be kept which shows the offense which |
| 2 | | is the basis for the detention, the
reasons and |
| 3 | | circumstances for the decision to detain and the length of |
| 4 | | time the
minor was in detention.
|
| 5 | | (v) Violation of the time limit on detention
in a |
| 6 | | county jail or municipal lockup shall not, in and of |
| 7 | | itself, render
inadmissible evidence obtained as a result |
| 8 | | of the violation of this
time limit. Minors under 18 years |
| 9 | | of age shall be kept separate from confined
adults and may |
| 10 | | not at any time be kept in the same cell, room or yard with
|
| 11 | | adults confined pursuant to criminal law. Persons 18 years |
| 12 | | of age and older
who have a petition of delinquency filed |
| 13 | | against them may be
confined in an
adult detention |
| 14 | | facility.
In making a determination whether to confine a |
| 15 | | person 18 years of age or
older
who has a petition of |
| 16 | | delinquency filed against the person, these factors,
among |
| 17 | | other matters, shall be considered:
|
| 18 | | (A) The age of the person;
|
| 19 | | (B) Any previous delinquent or criminal history of |
| 20 | | the person;
|
| 21 | | (C) Any previous abuse or neglect history of the |
| 22 | | person; and
|
| 23 | | (D) Any mental health or educational history of the |
| 24 | | person, or both.
|
| 25 | | (d) (i) If a minor 12 years of age or older is confined in a |
| 26 | | county jail
in a
county with a population below 3,000,000 |
|
| | HB2986 | - 8 - | LRB100 10976 SLF 21214 b |
|
|
|
| 1 | | inhabitants, then the minor's
confinement shall be implemented |
| 2 | | in such a manner that there will be no contact
by sight, sound |
| 3 | | or otherwise between the minor and adult prisoners. Minors
12 |
| 4 | | years of age or older must be kept separate from confined |
| 5 | | adults and may not
at any time
be kept in the same cell, room, |
| 6 | | or yard with confined adults. This paragraph
(d)(i) shall only |
| 7 | | apply to confinement pending an adjudicatory hearing and
shall |
| 8 | | not exceed 40 hours, excluding Saturdays, Sundays and court |
| 9 | | designated
holidays. To accept or hold minors during this time |
| 10 | | period, county jails shall
comply with all monitoring standards |
| 11 | | adopted by the Department of
Corrections and training standards |
| 12 | | approved by the Illinois Law Enforcement
Training Standards |
| 13 | | Board.
|
| 14 | | (ii) To accept or hold minors, 12 years of age or older, |
| 15 | | after the time
period
prescribed in paragraph (d)(i) of this |
| 16 | | subsection (2) of this Section but not
exceeding 7 days |
| 17 | | including Saturdays, Sundays and holidays pending an
|
| 18 | | adjudicatory hearing, county jails shall comply with all |
| 19 | | temporary detention
standards adopted by the Department of |
| 20 | | Corrections and training standards
approved by the Illinois Law |
| 21 | | Enforcement Training Standards Board.
|
| 22 | | (iii) To accept or hold minors 12 years of age or older, |
| 23 | | after the time
period prescribed in paragraphs (d)(i) and |
| 24 | | (d)(ii) of this subsection (2) of
this
Section, county jails |
| 25 | | shall comply with all county juvenile detention standards |
| 26 | | adopted by the Department of Juvenile Justice.
|
|
| | HB2986 | - 9 - | LRB100 10976 SLF 21214 b |
|
|
|
| 1 | | (e) When a minor who is at least 15 years of age is |
| 2 | | prosecuted under the
criminal laws of this State,
the court may |
| 3 | | enter an order directing that the juvenile be confined
in the |
| 4 | | county jail. However, any juvenile confined in the county jail |
| 5 | | under
this provision shall be separated from adults who are |
| 6 | | confined in the county
jail in such a manner that there will be |
| 7 | | no contact by sight, sound or
otherwise between the juvenile |
| 8 | | and adult prisoners.
|
| 9 | | (f) For purposes of appearing in a physical lineup, the |
| 10 | | minor may be taken
to a county jail or municipal lockup under |
| 11 | | the direct and constant supervision
of a juvenile police |
| 12 | | officer. During such time as is necessary to conduct a
lineup, |
| 13 | | and while supervised by a juvenile police officer, the sight |
| 14 | | and sound
separation provisions shall not apply.
|
| 15 | | (g) For purposes of processing a minor, the minor may be |
| 16 | | taken to a County
Jail or municipal lockup under the direct and |
| 17 | | constant supervision of a law
enforcement officer or |
| 18 | | correctional officer. During such time as is necessary
to |
| 19 | | process the minor, and while supervised by a law enforcement |
| 20 | | officer or
correctional officer, the sight and sound separation |
| 21 | | provisions shall not
apply.
|
| 22 | | (3) If the probation officer or State's Attorney (or such |
| 23 | | other public
officer designated by the court in a county having |
| 24 | | 3,000,000 or more
inhabitants) determines that the minor may be |
| 25 | | a delinquent minor as described
in subsection (3) of Section |
| 26 | | 5-105, and should be retained in custody but does
not require
|
|
| | HB2986 | - 10 - | LRB100 10976 SLF 21214 b |
|
|
|
| 1 | | physical restriction, the minor may be placed in non-secure |
| 2 | | custody for up to
40 hours pending a detention hearing.
|
| 3 | | (4) Any minor taken into temporary custody, not requiring |
| 4 | | secure
detention, may, however, be detained in the home of his |
| 5 | | or her parent or
guardian subject to such conditions as the |
| 6 | | court may impose.
|
| 7 | | (5) The changes made to this Section by Public Act 98-61 |
| 8 | | apply to a minor who has been arrested or taken into custody on |
| 9 | | or after January 1, 2014 (the effective date of Public Act |
| 10 | | 98-61). |
| 11 | | (Source: P.A. 98-61, eff. 1-1-14; 98-685, eff. 1-1-15; 98-756, |
| 12 | | eff. 7-16-14; 99-254, eff. 1-1-16.)
|
| 13 | | (705 ILCS 405/5-415)
|
| 14 | | Sec. 5-415. Setting of detention or shelter care hearing; |
| 15 | | release.
|
| 16 | | (1) Unless sooner released, a minor alleged to be a |
| 17 | | delinquent minor taken
into temporary custody must be brought |
| 18 | | before a judicial officer within 40
hours for a detention or |
| 19 | | shelter care hearing to determine whether he or she
shall be
|
| 20 | | further held in custody. If a minor alleged to be a delinquent |
| 21 | | minor taken into
custody is hospitalized or is receiving |
| 22 | | treatment for a physical or mental
condition, and is unable to |
| 23 | | be brought before a judicial officer for a
detention or shelter |
| 24 | | care hearing, the 40 hour period will not commence until
the |
| 25 | | minor is released from the hospital or place of treatment. If |
|
| | HB2986 | - 11 - | LRB100 10976 SLF 21214 b |
|
|
|
| 1 | | the minor
gives false information to law enforcement officials |
| 2 | | regarding the minor's
identity or age, the 40 hour period will |
| 3 | | not commence until the court rules
that the minor is subject to |
| 4 | | this Act and not subject to prosecution under the
Criminal Code |
| 5 | | of 1961 or the Criminal Code of 2012. Any
other delay |
| 6 | | attributable to a minor alleged to be a delinquent minor who is
|
| 7 | | taken into temporary custody shall act to toll the 40 hour time |
| 8 | | period. The 40 hour time period shall be tolled to allow |
| 9 | | counsel for the minor to prepare for the detention or shelter |
| 10 | | care hearing, upon a motion filed by such counsel and granted |
| 11 | | by the court. In all
cases, the 40 hour time period which |
| 12 | | includes is exclusive of Saturdays, Sundays, and
|
| 13 | | court-designated holidays.
|
| 14 | | (2) If the State's Attorney or probation officer (or other |
| 15 | | public
officer designated by the court in a county having more |
| 16 | | than 3,000,000
inhabitants) determines that the minor should be |
| 17 | | retained in custody, he or she
shall
cause a petition to be |
| 18 | | filed as provided in Section 5-520 of this Article, and
the |
| 19 | | clerk of the court shall set the matter for hearing on the |
| 20 | | detention or
shelter care hearing calendar. Immediately upon |
| 21 | | the filing of a petition in the case of a minor retained in |
| 22 | | custody, the court shall cause counsel to be appointed to |
| 23 | | represent the minor. When a parent, legal guardian, custodian, |
| 24 | | or
responsible relative is present and so requests, the |
| 25 | | detention or shelter care
hearing shall be held immediately if |
| 26 | | the court is in session
and the State is ready to proceed, |
|
| | HB2986 | - 12 - | LRB100 10976 SLF 21214 b |
|
|
|
| 1 | | otherwise at the earliest feasible time.
In no event shall a |
| 2 | | detention or shelter care hearing be held until the minor has |
| 3 | | had adequate opportunity to consult with counsel. The probation |
| 4 | | officer or such other public officer designated by the court in |
| 5 | | a
county having more than 3,000,000 inhabitants shall notify |
| 6 | | the minor's parent,
legal guardian, custodian, or responsible |
| 7 | | relative of the time and place of the
hearing. The notice may |
| 8 | | be given orally.
|
| 9 | | (3) The minor must be released from custody at the |
| 10 | | expiration of the 40
hour period specified by this Section if |
| 11 | | not brought before a judicial officer
within that period.
|
| 12 | | (4) After the initial 40 hour period has lapsed, the court |
| 13 | | may review the
minor's custodial status at any time prior to |
| 14 | | the trial or sentencing
hearing. If during this time period new |
| 15 | | or additional information becomes
available concerning the |
| 16 | | minor's conduct, the court may conduct a hearing to
determine |
| 17 | | whether the minor should be placed in a detention or shelter |
| 18 | | care
facility. If the court finds that there is probable cause |
| 19 | | that the minor is a
delinquent minor and that it is a matter of |
| 20 | | immediate and urgent necessity for
the protection of the minor |
| 21 | | or of the person or property of another, or that he
or she is |
| 22 | | likely to flee the jurisdiction of the court, the court may |
| 23 | | order
that the minor be placed in detention or shelter care.
|
| 24 | | (Source: P.A. 97-1150, eff. 1-25-13.)
|