Bill Text: IL SB3196 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Juvenile Court Act of 1987. Increases the minimum age at which an alleged delinquent minor may be placed in a detention facility from 10 years of age to 13 years of age.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3196 Detail]

Download: Illinois-2011-SB3196-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SB3196 Introduced 2/1/2012, by Sen. Annazette R. Collins SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-410
705 ILCS 405/5-710
705 ILCS 405/5-720
Amends the Juvenile Court Act of 1987. Increases the minimum age at which an alleged delinquent minor may be placed in a detention facility from 10 years of age to 13 years of age.
LRB097 17364 RLC 62566 b
A BILL FOR
SB3196 LRB097 17364 RLC 62566 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 5-410, 5-710, and 5-720 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 13 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. 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

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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 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,

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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
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

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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 17 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 17 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 17 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

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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 this time
period, county jails shall comply with all monitoring standards
promulgated 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 promulgated 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

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(d)(ii) of this subsection (2) of this Section, county jails
shall comply with all programmatic and training standards for
juvenile detention homes promulgated by the Department of
Corrections.
(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

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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.
(Source: P.A. 96-1551, eff. 7-1-11.)
(705 ILCS 405/5-710)
Sec. 5-710. Kinds of sentencing orders.
(1) The following kinds of sentencing orders may be made in
respect of wards of the court:
(a) Except as provided in Sections 5-805, 5-810, 5-815,
a minor who is found guilty under Section 5-620 may be:
(i) put on probation or conditional discharge and
released to his or her parents, guardian or legal
custodian, provided, however, that any such minor who
is not committed to the Department of Juvenile Justice
under this subsection and who is found to be a
delinquent for an offense which is first degree murder,
a Class X felony, or a forcible felony shall be placed
on probation;

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(ii) placed in accordance with Section 5-740, with
or without also being put on probation or conditional
discharge;
(iii) required to undergo a substance abuse
assessment conducted by a licensed provider and
participate in the indicated clinical level of care;
(iv) placed in the guardianship of the Department
of Children and Family Services, but only if the
delinquent minor is under 15 years of age or, pursuant
to Article II of this Act, a minor for whom an
independent basis of abuse, neglect, or dependency
exists. An independent basis exists when the
allegations or adjudication of abuse, neglect, or
dependency do not arise from the same facts, incident,
or circumstances which give rise to a charge or
adjudication of delinquency;
(v) placed in detention for a period not to exceed
30 days, either as the exclusive order of disposition
or, where appropriate, in conjunction with any other
order of disposition issued under this paragraph,
provided that any such detention shall be in a juvenile
detention home and the minor so detained shall be 13 10
years of age or older. However, the 30-day limitation
may be extended by further order of the court for a
minor under age 15 committed to the Department of
Children and Family Services if the court finds that

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the minor is a danger to himself or others. The minor
shall be given credit on the sentencing order of
detention for time spent in detention under Sections
5-501, 5-601, 5-710, or 5-720 of this Article as a
result of the offense for which the sentencing order
was imposed. The court may grant credit on a sentencing
order of detention entered under a violation of
probation or violation of conditional discharge under
Section 5-720 of this Article for time spent in
detention before the filing of the petition alleging
the violation. A minor shall not be deprived of credit
for time spent in detention before the filing of a
violation of probation or conditional discharge
alleging the same or related act or acts;
(vi) ordered partially or completely emancipated
in accordance with the provisions of the Emancipation
of Minors Act;
(vii) subject to having his or her driver's license
or driving privileges suspended for such time as
determined by the court but only until he or she
attains 18 years of age;
(viii) put on probation or conditional discharge
and placed in detention under Section 3-6039 of the
Counties Code for a period not to exceed the period of
incarceration permitted by law for adults found guilty
of the same offense or offenses for which the minor was

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adjudicated delinquent, and in any event no longer than
upon attainment of age 21; this subdivision (viii)
notwithstanding any contrary provision of the law;
(ix) ordered to undergo a medical or other
procedure to have a tattoo symbolizing allegiance to a
street gang removed from his or her body; or
(x) placed in electronic home detention under Part
7A of this Article.
(b) A minor found to be guilty may be committed to the
Department of Juvenile Justice under Section 5-750 if the
minor is 13 years of age or older, provided that the
commitment to the Department of Juvenile Justice shall be
made only if a term of incarceration is permitted by law
for adults found guilty of the offense for which the minor
was adjudicated delinquent. The time during which a minor
is in custody before being released upon the request of a
parent, guardian or legal custodian shall be considered as
time spent in detention.
(c) When a minor is found to be guilty for an offense
which is a violation of the Illinois Controlled Substances
Act, the Cannabis Control Act, or the Methamphetamine
Control and Community Protection Act and made a ward of the
court, the court may enter a disposition order requiring
the minor to undergo assessment, counseling or treatment in
a substance abuse program approved by the Department of
Human Services.

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(2) Any sentencing order other than commitment to the
Department of Juvenile Justice may provide for protective
supervision under Section 5-725 and may include an order of
protection under Section 5-730.
(3) Unless the sentencing order expressly so provides, it
does not operate to close proceedings on the pending petition,
but is subject to modification until final closing and
discharge of the proceedings under Section 5-750.
(4) In addition to any other sentence, the court may order
any minor found to be delinquent to make restitution, in
monetary or non-monetary form, under the terms and conditions
of Section 5-5-6 of the Unified Code of Corrections, except
that the "presentencing hearing" referred to in that Section
shall be the sentencing hearing for purposes of this Section.
The parent, guardian or legal custodian of the minor may be
ordered by the court to pay some or all of the restitution on
the minor's behalf, pursuant to the Parental Responsibility
Law. The State's Attorney is authorized to act on behalf of any
victim in seeking restitution in proceedings under this
Section, up to the maximum amount allowed in Section 5 of the
Parental Responsibility Law.
(5) Any sentencing order where the minor is committed or
placed in accordance with Section 5-740 shall provide for the
parents or guardian of the estate of the minor to pay to the
legal custodian or guardian of the person of the minor such
sums as are determined by the custodian or guardian of the

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person of the minor as necessary for the minor's needs. The
payments may not exceed the maximum amounts provided for by
Section 9.1 of the Children and Family Services Act.
(6) Whenever the sentencing order requires the minor to
attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code. Notwithstanding
any other provision of this Act, in instances in which
educational services are to be provided to a minor in a
residential facility where the minor has been placed by the
court, costs incurred in the provision of those educational
services must be allocated based on the requirements of the
School Code.
(7) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for a period of time in excess
of that period for which an adult could be committed for the
same act.
(8) A minor found to be guilty for reasons that include a
violation of Section 21-1.3 of the Criminal Code of 1961 shall
be ordered to perform community service for not less than 30
and not more than 120 hours, if community service is available
in the jurisdiction. The community service shall include, but
need not be limited to, the cleanup and repair of the damage
that was caused by the violation or similar damage to property
located in the municipality or county in which the violation

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occurred. The order may be in addition to any other order
authorized by this Section.
(8.5) A minor found to be guilty for reasons that include a
violation of Section 3.02 or Section 3.03 of the Humane Care
for Animals Act or paragraph (d) of subsection (1) of Section
21-1 of the Criminal Code of 1961 shall be ordered to undergo
medical or psychiatric treatment rendered by a psychiatrist or
psychological treatment rendered by a clinical psychologist.
The order may be in addition to any other order authorized by
this Section.
(9) In addition to any other sentencing order, the court
shall order any minor found to be guilty for an act which would
constitute, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal sexual assault,
aggravated criminal sexual abuse, or criminal sexual abuse if
committed by an adult to undergo medical testing to determine
whether the defendant has any sexually transmissible disease
including a test for infection with human immunodeficiency
virus (HIV) or any other identified causative agency of
acquired immunodeficiency syndrome (AIDS). Any medical test
shall be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily fluids
as well as an examination of the minor's person. Except as
otherwise provided by law, the results of the test shall be
kept strictly confidential by all medical personnel involved in
the testing and must be personally delivered in a sealed

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envelope to the judge of the court in which the sentencing
order was entered for the judge's inspection in camera. Acting
in accordance with the best interests of the victim and the
public, the judge shall have the discretion to determine to
whom the results of the testing may be revealed. The court
shall notify the minor of the results of the test for infection
with the human immunodeficiency virus (HIV). The court shall
also notify the victim if requested by the victim, and if the
victim is under the age of 15 and if requested by the victim's
parents or legal guardian, the court shall notify the victim's
parents or the legal guardian, of the results of the test for
infection with the human immunodeficiency virus (HIV). The
court shall provide information on the availability of HIV
testing and counseling at the Department of Public Health
facilities to all parties to whom the results of the testing
are revealed. The court shall order that the cost of any test
shall be paid by the county and may be taxed as costs against
the minor.
(10) When a court finds a minor to be guilty the court
shall, before entering a sentencing order under this Section,
make a finding whether the offense committed either: (a) was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the minor's membership in or
allegiance to an organized gang, or (b) involved a violation of
subsection (a) of Section 12-7.1 of the Criminal Code of 1961,
a violation of any Section of Article 24 of the Criminal Code

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of 1961, or a violation of any statute that involved the
wrongful use of a firearm. If the court determines the question
in the affirmative, and the court does not commit the minor to
the Department of Juvenile Justice, the court shall order the
minor to perform community service for not less than 30 hours
nor more than 120 hours, provided that community service is
available in the jurisdiction and is funded and approved by the
county board of the county where the offense was committed. The
community service shall include, but need not be limited to,
the cleanup and repair of any damage caused by a violation of
Section 21-1.3 of the Criminal Code of 1961 and similar damage
to property located in the municipality or county in which the
violation occurred. When possible and reasonable, the
community service shall be performed in the minor's
neighborhood. This order shall be in addition to any other
order authorized by this Section except for an order to place
the minor in the custody of the Department of Juvenile Justice.
For the purposes of this Section, "organized gang" has the
meaning ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(11) If the court determines that the offense was committed
in furtherance of the criminal activities of an organized gang,
as provided in subsection (10), and that the offense involved
the operation or use of a motor vehicle or the use of a
driver's license or permit, the court shall notify the
Secretary of State of that determination and of the period for

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which the minor shall be denied driving privileges. If, at the
time of the determination, the minor does not hold a driver's
license or permit, the court shall provide that the minor shall
not be issued a driver's license or permit until his or her
18th birthday. If the minor holds a driver's license or permit
at the time of the determination, the court shall provide that
the minor's driver's license or permit shall be revoked until
his or her 21st birthday, or until a later date or occurrence
determined by the court. If the minor holds a driver's license
at the time of the determination, the court may direct the
Secretary of State to issue the minor a judicial driving
permit, also known as a JDP. The JDP shall be subject to the
same terms as a JDP issued under Section 6-206.1 of the
Illinois Vehicle Code, except that the court may direct that
the JDP be effective immediately.
(12) If a minor is found to be guilty of a violation of
subsection (a-7) of Section 1 of the Prevention of Tobacco Use
by Minors Act, the court may, in its discretion, and upon
recommendation by the State's Attorney, order that minor and
his or her parents or legal guardian to attend a smoker's
education or youth diversion program as defined in that Act if
that program is available in the jurisdiction where the
offender resides. Attendance at a smoker's education or youth
diversion program shall be time-credited against any community
service time imposed for any first violation of subsection
(a-7) of Section 1 of that Act. In addition to any other

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penalty that the court may impose for a violation of subsection
(a-7) of Section 1 of that Act, the court, upon request by the
State's Attorney, may in its discretion require the offender to
remit a fee for his or her attendance at a smoker's education
or youth diversion program.
For purposes of this Section, "smoker's education program"
or "youth diversion program" includes, but is not limited to, a
seminar designed to educate a person on the physical and
psychological effects of smoking tobacco products and the
health consequences of smoking tobacco products that can be
conducted with a locality's youth diversion program.
In addition to any other penalty that the court may impose
under this subsection (12):
(a) If a minor violates subsection (a-7) of Section 1
of the Prevention of Tobacco Use by Minors Act, the court
may impose a sentence of 15 hours of community service or a
fine of $25 for a first violation.
(b) A second violation by a minor of subsection (a-7)
of Section 1 of that Act that occurs within 12 months after
the first violation is punishable by a fine of $50 and 25
hours of community service.
(c) A third or subsequent violation by a minor of
subsection (a-7) of Section 1 of that Act that occurs
within 12 months after the first violation is punishable by
a $100 fine and 30 hours of community service.
(d) Any second or subsequent violation not within the

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12-month time period after the first violation is
punishable as provided for a first violation.
(Source: P.A. 95-337, eff. 6-1-08; 95-642, eff. 6-1-08; 95-844,
eff. 8-15-08; 95-876, eff. 8-21-08; 96-179, eff. 8-10-09;
96-293, eff. 1-1-10; 96-1000, eff. 7-2-10.)
(705 ILCS 405/5-720)
Sec. 5-720. Probation revocation.
(1) If a petition is filed charging a violation of a
condition of probation or of conditional discharge, the court
shall:
(a) order the minor to appear; or
(b) order the minor's detention if the court finds that
the detention is a matter of immediate and urgent necessity
for the protection of the minor or of the person or
property of another or that the minor is likely to flee the
jurisdiction of the court, provided that any such detention
shall be in a juvenile detention home and the minor so
detained shall be 13 10 years of age or older; and
(c) notify the persons named in the petition under
Section 5-520, in accordance with the provisions of Section
5-530.
In making its detention determination under paragraph (b)
of this subsection (1) of this Section, the court may use
information in its findings offered at such a hearing by way of
proffer based upon reliable information presented by the State,

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probation officer, or the minor. The filing of a petition for
violation of a condition of probation or of conditional
discharge shall toll the period of probation or of conditional
discharge until the final determination of the charge, and the
term of probation or conditional discharge shall not run until
the hearing and disposition of the petition for violation.
(2) The court shall conduct a hearing of the alleged
violation of probation or of conditional discharge. The minor
shall not be held in detention longer than 15 days pending the
determination of the alleged violation.
(3) At the hearing, the State shall have the burden of
going forward with the evidence and proving the violation by a
preponderance of the evidence. The evidence shall be presented
in court with the right of confrontation, cross-examination,
and representation by counsel.
(4) If the court finds that the minor has violated a
condition at any time prior to the expiration or termination of
the period of probation or conditional discharge, it may
continue him or her on the existing sentence, with or without
modifying or enlarging the conditions, or may revoke probation
or conditional discharge and impose any other sentence that was
available under Section 5-710 at the time of the initial
sentence.
(5) The conditions of probation and of conditional
discharge may be reduced or enlarged by the court on motion of
the probation officer or on its own motion or at the request of

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the minor after notice and hearing under this Section.
(6) Sentencing after revocation of probation or of
conditional discharge shall be under Section 5-705.
(7) Instead of filing a violation of probation or of
conditional discharge, the probation officer, with the
concurrence of his or her supervisor, may serve on the minor a
notice of intermediate sanctions. The notice shall contain the
technical violation or violations involved, the date or dates
of the violation or violations, and the intermediate sanctions
to be imposed. Upon receipt of the notice, the minor shall
immediately accept or reject the intermediate sanctions. If the
sanctions are accepted, they shall be imposed immediately. If
the intermediate sanctions are rejected or the minor does not
respond to the notice, a violation of probation or of
conditional discharge shall be immediately filed with the
court. The State's Attorney and the sentencing court shall be
notified of the notice of sanctions. Upon successful completion
of the intermediate sanctions, a court may not revoke probation
or conditional discharge or impose additional sanctions for the
same violation. A notice of intermediate sanctions may not be
issued for any violation of probation or conditional discharge
which could warrant an additional, separate felony charge.
(Source: P.A. 90-590, eff. 1-1-99.)