Bill Text: IL SB1443 | 2013-2014 | 98th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Juvenile Court Act of 1987. Makes a technical change in a Section concerning detention or shelter care hearings.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB1443 Detail]
Download: Illinois-2013-SB1443-Introduced.html
Bill Title: Amends the Juvenile Court Act of 1987. Makes a technical change in a Section concerning detention or shelter care hearings.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB1443 Detail]
Download: Illinois-2013-SB1443-Introduced.html
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1 | AN ACT concerning courts.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Juvenile Court Act of 1987 is amended by | |||||||||||||||||||
5 | changing Section 5-501 as follows:
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6 | (705 ILCS 405/5-501)
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7 | Sec. 5-501. Detention or shelter care hearing. At the
the | |||||||||||||||||||
8 | appearance of the minor before the court at the detention or | |||||||||||||||||||
9 | shelter
care hearing,
the court shall receive all relevant | |||||||||||||||||||
10 | information and evidence, including
affidavits concerning the | |||||||||||||||||||
11 | allegations made in the petition. Evidence used by
the court in | |||||||||||||||||||
12 | its findings or stated in or offered in connection with this
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13 | Section may be by way of proffer based on reliable information | |||||||||||||||||||
14 | offered by the
State or minor. All evidence shall be admissible | |||||||||||||||||||
15 | if it is relevant and
reliable regardless of whether it would | |||||||||||||||||||
16 | be admissible under the rules of
evidence applicable at a | |||||||||||||||||||
17 | trial. No hearing may be held unless the minor is
represented | |||||||||||||||||||
18 | by counsel and no hearing shall be held until the minor has had | |||||||||||||||||||
19 | adequate opportunity to consult with counsel. | |||||||||||||||||||
20 | (1) If the court finds that there is not probable cause to | |||||||||||||||||||
21 | believe that the
minor is a delinquent minor it shall release | |||||||||||||||||||
22 | the minor and dismiss the
petition.
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23 | (2) If the court finds that there is probable cause to |
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1 | believe that the
minor is a
delinquent minor, the minor, his or | ||||||
2 | her parent, guardian, custodian and other
persons able to give | ||||||
3 | relevant testimony may be examined before the court. The
court | ||||||
4 | may also consider any evidence by way of proffer based upon | ||||||
5 | reliable
information offered by the State or the minor. All | ||||||
6 | evidence, including
affidavits, shall be admissible if it is | ||||||
7 | relevant and reliable regardless of
whether it would be | ||||||
8 | admissible under the rules of evidence applicable at trial.
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9 | After such evidence is presented, the court may enter an order | ||||||
10 | that the minor
shall be released upon the request of a parent, | ||||||
11 | guardian or legal custodian if
the parent, guardian or | ||||||
12 | custodian appears to take custody.
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13 | If the court finds that it is a matter of immediate and | ||||||
14 | urgent necessity for
the protection of the minor or of the | ||||||
15 | person or property of another that the
minor be detained or | ||||||
16 | placed in a
shelter care facility or that he or she is likely | ||||||
17 | to flee the jurisdiction of
the court, the court may prescribe | ||||||
18 | detention or shelter care and order that the
minor be kept in a | ||||||
19 | suitable place designated by the court or in a shelter care
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20 | facility designated by the Department of Children and Family | ||||||
21 | Services or a
licensed child welfare agency; otherwise it shall | ||||||
22 | release the minor from
custody. If the court prescribes shelter | ||||||
23 | care, then in placing the minor, the
Department or other agency | ||||||
24 | shall, to the extent compatible with the court's
order, comply | ||||||
25 | with Section 7 of the Children and Family Services Act. In
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26 | making the determination of the existence of immediate and |
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1 | urgent necessity,
the court shall consider among other matters: | ||||||
2 | (a) the nature and seriousness of
the alleged offense; (b) the | ||||||
3 | minor's record of delinquency offenses,
including whether the | ||||||
4 | minor has delinquency cases pending; (c) the minor's
record of | ||||||
5 | willful failure to appear following the issuance of a summons | ||||||
6 | or
warrant; (d) the availability of non-custodial | ||||||
7 | alternatives, including the
presence of a parent, guardian or | ||||||
8 | other responsible relative able and willing
to provide | ||||||
9 | supervision and care for the minor and to assure his or her
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10 | compliance with a summons. If the minor is ordered placed in a | ||||||
11 | shelter care
facility of a licensed child welfare agency, the | ||||||
12 | court shall, upon request of
the agency, appoint the | ||||||
13 | appropriate agency executive temporary custodian of the
minor | ||||||
14 | and the court may enter such other orders related to the | ||||||
15 | temporary
custody of the minor as it deems fit and proper.
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16 | The order together with the court's findings of fact in | ||||||
17 | support of the order
shall
be entered
of record in the court.
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18 | Once the court finds that it is a matter of immediate and | ||||||
19 | urgent necessity
for the protection of the minor that the minor | ||||||
20 | be placed in a shelter care
facility, the minor shall not be | ||||||
21 | returned to the parent, custodian or guardian
until the court | ||||||
22 | finds that the placement is no longer necessary for the
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23 | protection of the minor.
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24 | (3) Only when there is reasonable cause to believe that the | ||||||
25 | minor taken
into custody is a delinquent minor may the minor be | ||||||
26 | kept or detained in a
facility authorized for juvenile |
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1 | detention. This Section shall in no way be
construed to limit
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2 | subsection (4).
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3 | (4) Minors 12 years of age or older must be kept separate | ||||||
4 | from confined
adults and may not at any time be kept in the | ||||||
5 | same cell, room or yard with
confined adults. This paragraph | ||||||
6 | (4):
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7 | (a) shall only apply to confinement pending an | ||||||
8 | adjudicatory hearing
and
shall not exceed 40 hours, | ||||||
9 | excluding Saturdays, Sundays, and court designated
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10 | holidays. To accept or hold minors during this time period, | ||||||
11 | county jails shall
comply with all monitoring standards for | ||||||
12 | juvenile detention homes promulgated
by the Department of | ||||||
13 | Corrections and training standards approved by the
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14 | Illinois Law Enforcement Training Standards Board.
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15 | (b) To accept or hold minors, 12 years of age or older, | ||||||
16 | after the time
period prescribed in clause (a) of | ||||||
17 | subsection (4) of this Section but not
exceeding 7
days | ||||||
18 | including Saturdays, Sundays, and holidays, pending an | ||||||
19 | adjudicatory
hearing, county jails shall comply with all | ||||||
20 | temporary detention standards
promulgated by
the | ||||||
21 | Department of Corrections and training standards approved | ||||||
22 | by the Illinois
Law Enforcement Training Standards Board.
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23 | (c) To accept or hold minors 12 years of age or older, | ||||||
24 | after the time
period prescribed in clause (a) and (b), of | ||||||
25 | this subsection county jails shall
comply with all | ||||||
26 | programmatic and training standards for juvenile detention
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1 | homes promulgated by the Department of Corrections.
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2 | (5) If the minor is not brought before a judicial officer | ||||||
3 | within the time
period as specified in Section 5-415 the minor | ||||||
4 | must immediately be released
from
custody.
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5 | (6) If neither the parent, guardian or legal custodian | ||||||
6 | appears within 24
hours to take custody of a minor released | ||||||
7 | from detention or shelter care, then
the clerk of the court | ||||||
8 | shall set the matter for rehearing not later than 7 days
after | ||||||
9 | the original order and shall issue a summons directed to the | ||||||
10 | parent,
guardian or legal custodian to appear. At the same time | ||||||
11 | the probation
department shall prepare a report on the minor. | ||||||
12 | If a parent, guardian or legal
custodian does not appear at | ||||||
13 | such rehearing, the judge may enter an order
prescribing that | ||||||
14 | the minor be kept in a suitable place designated by the
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15 | Department of Human Services or a licensed child welfare | ||||||
16 | agency.
The time during which a minor is in custody after being | ||||||
17 | released upon the
request of a parent, guardian or legal | ||||||
18 | custodian shall be considered as time
spent in detention for | ||||||
19 | purposes of scheduling the trial.
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20 | (7) Any party, including the State, the temporary | ||||||
21 | custodian, an agency
providing services to the minor or family | ||||||
22 | under a service plan pursuant to
Section 8.2 of the Abused and | ||||||
23 | Neglected Child Reporting Act, foster parent, or
any of their | ||||||
24 | representatives, may file a
motion to modify or vacate a | ||||||
25 | temporary custody order or vacate a detention or
shelter care | ||||||
26 | order on any of the following grounds:
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1 | (a) It is no longer a matter of immediate and urgent | ||||||
2 | necessity that the
minor remain in detention or shelter | ||||||
3 | care; or
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4 | (b) There is a material change in the circumstances of | ||||||
5 | the natural family
from which the minor was removed; or
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6 | (c) A person, including a parent, relative or legal | ||||||
7 | guardian, is capable
of assuming temporary custody of the | ||||||
8 | minor; or
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9 | (d) Services provided by the Department of Children and | ||||||
10 | Family Services
or a
child welfare agency or other service | ||||||
11 | provider have been successful in
eliminating the need for | ||||||
12 | temporary custody.
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13 | The clerk shall set the matter for hearing not later than | ||||||
14 | 14 days after such
motion is filed. In the event that the court | ||||||
15 | modifies or vacates a temporary
order but does not vacate its | ||||||
16 | finding of probable cause, the court may order
that appropriate | ||||||
17 | services be continued or initiated in behalf of the minor and
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18 | his or her family.
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19 | (8) Whenever a petition has been filed under Section 5-520 | ||||||
20 | the court can,
at
any time prior to trial or sentencing, order | ||||||
21 | that the minor be placed in
detention or a shelter care | ||||||
22 | facility after the court conducts a hearing and
finds that the | ||||||
23 | conduct and behavior of the minor may endanger the health,
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24 | person, welfare, or property of himself or others or that the | ||||||
25 | circumstances
of his or her home environment may endanger his | ||||||
26 | or her health, person, welfare
or property.
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1 | (Source: P.A. 95-846, eff. 1-1-09.)
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