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Illinois House Bill HB2927

Illinois 2023-2024 Regular Session

Illinois House Bill HB2927 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2927 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED: 705 ILCS 405/5-410 Amends the Juvenile Court Act of 1987. Provides that if a person 18 years of age or older is confined in a county jail for any matter or proceeding under the Act, the provision that 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 does not apply. LRB103 28489 RLC 54870 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2927 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED: 705 ILCS 405/5-410 705 ILCS 405/5-410 Amends the Juvenile Court Act of 1987. Provides that if a person 18 years of age or older is confined in a county jail for any matter or proceeding under the Act, the provision that 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 does not apply. LRB103 28489 RLC 54870 b LRB103 28489 RLC 54870 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2927 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED:
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55 Amends the Juvenile Court Act of 1987. Provides that if a person 18 years of age or older is confined in a county jail for any matter or proceeding under the Act, the provision that 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 does not apply.
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1111 1 AN ACT concerning courts.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Juvenile Court Act of 1987 is amended by
1515 5 changing Section 5-410 as follows:
1616 6 (705 ILCS 405/5-410)
1717 7 Sec. 5-410. Non-secure custody or detention.
1818 8 (1) Any minor arrested or taken into custody pursuant to
1919 9 this Act who requires care away from his or her home but who
2020 10 does not require physical restriction shall be given temporary
2121 11 care in a foster family home or other shelter facility
2222 12 designated by the court.
2323 13 (2) (a) Any minor 10 years of age or older arrested
2424 14 pursuant to this Act where there is probable cause to believe
2525 15 that the minor is a delinquent minor and that (i) secure
2626 16 custody is a matter of immediate and urgent necessity for the
2727 17 protection of the minor or of the person or property of
2828 18 another, (ii) the minor is likely to flee the jurisdiction of
2929 19 the court, or (iii) the minor was taken into custody under a
3030 20 warrant, may be kept or detained in an authorized detention
3131 21 facility. A minor under 13 years of age shall not be admitted,
3232 22 kept, or detained in a detention facility unless a local youth
3333 23 service provider, including a provider through the
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4040 Amends the Juvenile Court Act of 1987. Provides that if a person 18 years of age or older is confined in a county jail for any matter or proceeding under the Act, the provision that 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 does not apply.
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6868 1 Comprehensive Community Based Youth Services network, has been
6969 2 contacted and has not been able to accept the minor. No minor
7070 3 under 12 years of age shall be detained in a county jail or a
7171 4 municipal lockup for more than 6 hours.
7272 5 (a-5) For a minor arrested or taken into custody for
7373 6 vehicular hijacking or aggravated vehicular hijacking, a
7474 7 previous finding of delinquency for vehicular hijacking or
7575 8 aggravated vehicular hijacking shall be given greater weight
7676 9 in determining whether secured custody of a minor is a matter
7777 10 of immediate and urgent necessity for the protection of the
7878 11 minor or of the person or property of another.
7979 12 (b) The written authorization of the probation officer or
8080 13 detention officer (or other public officer designated by the
8181 14 court in a county having 3,000,000 or more inhabitants)
8282 15 constitutes authority for the superintendent of any juvenile
8383 16 detention home to detain and keep a minor for up to 40 hours,
8484 17 excluding Saturdays, Sundays, and court-designated holidays.
8585 18 These records shall be available to the same persons and
8686 19 pursuant to the same conditions as are law enforcement records
8787 20 as provided in Section 5-905.
8888 21 (b-4) The consultation required by paragraph (b-5) shall
8989 22 not be applicable if the probation officer or detention
9090 23 officer (or other public officer designated by the court in a
9191 24 county having 3,000,000 or more inhabitants) utilizes a
9292 25 scorable detention screening instrument, which has been
9393 26 developed with input by the State's Attorney, to determine
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104104 1 whether a minor should be detained, however, paragraph (b-5)
105105 2 shall still be applicable where no such screening instrument
106106 3 is used or where the probation officer, detention officer (or
107107 4 other public officer designated by the court in a county
108108 5 having 3,000,000 or more inhabitants) deviates from the
109109 6 screening instrument.
110110 7 (b-5) Subject to the provisions of paragraph (b-4), if a
111111 8 probation officer or detention officer (or other public
112112 9 officer designated by the court in a county having 3,000,000
113113 10 or more inhabitants) does not intend to detain a minor for an
114114 11 offense which constitutes one of the following offenses he or
115115 12 she shall consult with the State's Attorney's Office prior to
116116 13 the release of the minor: first degree murder, second degree
117117 14 murder, involuntary manslaughter, criminal sexual assault,
118118 15 aggravated criminal sexual assault, aggravated battery with a
119119 16 firearm as described in Section 12-4.2 or subdivision (e)(1),
120120 17 (e)(2), (e)(3), or (e)(4) of Section 12-3.05, aggravated or
121121 18 heinous battery involving permanent disability or
122122 19 disfigurement or great bodily harm, robbery, aggravated
123123 20 robbery, armed robbery, vehicular hijacking, aggravated
124124 21 vehicular hijacking, vehicular invasion, arson, aggravated
125125 22 arson, kidnapping, aggravated kidnapping, home invasion,
126126 23 burglary, or residential burglary.
127127 24 (c) Except as otherwise provided in paragraph (a), (d), or
128128 25 (e), no minor shall be detained in a county jail or municipal
129129 26 lockup for more than 12 hours, unless the offense is a crime of
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140140 1 violence in which case the minor may be detained up to 24
141141 2 hours. For the purpose of this paragraph, "crime of violence"
142142 3 has the meaning ascribed to it in Section 1-10 of the
143143 4 Alcoholism and Other Drug Abuse and Dependency Act.
144144 5 (i) The period of detention is deemed to have begun
145145 6 once the minor has been placed in a locked room or cell or
146146 7 handcuffed to a stationary object in a building housing a
147147 8 county jail or municipal lockup. Time spent transporting a
148148 9 minor is not considered to be time in detention or secure
149149 10 custody.
150150 11 (ii) Any minor so confined shall be under periodic
151151 12 supervision and shall not be permitted to come into or
152152 13 remain in contact with adults in custody in the building.
153153 14 (iii) Upon placement in secure custody in a jail or
154154 15 lockup, the minor shall be informed of the purpose of the
155155 16 detention, the time it is expected to last and the fact
156156 17 that it cannot exceed the time specified under this Act.
157157 18 (iv) A log shall be kept which shows the offense which
158158 19 is the basis for the detention, the reasons and
159159 20 circumstances for the decision to detain, and the length
160160 21 of time the minor was in detention.
161161 22 (v) Violation of the time limit on detention in a
162162 23 county jail or municipal lockup shall not, in and of
163163 24 itself, render inadmissible evidence obtained as a result
164164 25 of the violation of this time limit. Minors under 18 years
165165 26 of age shall be kept separate from confined adults and may
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176176 1 not at any time be kept in the same cell, room, or yard
177177 2 with adults confined pursuant to criminal law. Persons 18
178178 3 years of age and older who have a petition of delinquency
179179 4 filed against them may be confined in an adult detention
180180 5 facility. In making a determination whether to confine a
181181 6 person 18 years of age or older who has a petition of
182182 7 delinquency filed against the person, these factors, among
183183 8 other matters, shall be considered:
184184 9 (A) the age of the person;
185185 10 (B) any previous delinquent or criminal history of
186186 11 the person;
187187 12 (C) any previous abuse or neglect history of the
188188 13 person; and
189189 14 (D) any mental health or educational history of
190190 15 the person, or both.
191191 16 (d) (i) If a minor 12 years of age or older is confined in
192192 17 a county jail in a county with a population below 3,000,000
193193 18 inhabitants, then the minor's confinement shall be implemented
194194 19 in such a manner that there will be no contact by sight, sound,
195195 20 or otherwise between the minor and adult prisoners. If a
196196 21 person 18 years of age or older is confined in a county jail
197197 22 for any matter or proceeding under this Act, the provision of
198198 23 this paragraph (d) that the minor's confinement shall be
199199 24 implemented in such a manner that there will be no contact by
200200 25 sight, sound, or otherwise between the minor and adult
201201 26 prisoners does not apply. Minors 12 years of age or older must
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212212 1 be kept separate from confined adults and may not at any time
213213 2 be kept in the same cell, room, or yard with confined adults.
214214 3 This paragraph (d)(i) shall only apply to confinement pending
215215 4 an adjudicatory hearing and shall not exceed 40 hours,
216216 5 excluding Saturdays, Sundays, and court-designated holidays.
217217 6 To accept or hold minors during this time period, county jails
218218 7 shall comply with all monitoring standards adopted by the
219219 8 Department of Corrections and training standards approved by
220220 9 the Illinois Law Enforcement Training Standards Board.
221221 10 (ii) To accept or hold minors, 12 years of age or older,
222222 11 after the time period prescribed in paragraph (d)(i) of this
223223 12 subsection (2) of this Section but not exceeding 7 days
224224 13 including Saturdays, Sundays, and holidays pending an
225225 14 adjudicatory hearing, county jails shall comply with all
226226 15 temporary detention standards adopted by the Department of
227227 16 Corrections and training standards approved by the Illinois
228228 17 Law Enforcement Training Standards Board.
229229 18 (iii) To accept or hold minors 12 years of age or older,
230230 19 after the time period prescribed in paragraphs (d)(i) and
231231 20 (d)(ii) of this subsection (2) of this Section, county jails
232232 21 shall comply with all county juvenile detention standards
233233 22 adopted by the Department of Juvenile Justice.
234234 23 (e) When a minor who is at least 15 years of age is
235235 24 prosecuted under the criminal laws of this State, the court
236236 25 may enter an order directing that the juvenile be confined in
237237 26 the county jail. However, any juvenile confined in the county
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248248 1 jail under this provision shall be separated from adults who
249249 2 are confined in the county jail in such a manner that there
250250 3 will be no contact by sight, sound or otherwise between the
251251 4 juvenile and adult prisoners.
252252 5 (f) For purposes of appearing in a physical lineup, the
253253 6 minor may be taken to a county jail or municipal lockup under
254254 7 the direct and constant supervision of a juvenile police
255255 8 officer. During such time as is necessary to conduct a lineup,
256256 9 and while supervised by a juvenile police officer, the sight
257257 10 and sound separation provisions shall not apply.
258258 11 (g) For purposes of processing a minor, the minor may be
259259 12 taken to a county jail or municipal lockup under the direct and
260260 13 constant supervision of a law enforcement officer or
261261 14 correctional officer. During such time as is necessary to
262262 15 process the minor, and while supervised by a law enforcement
263263 16 officer or correctional officer, the sight and sound
264264 17 separation provisions shall not apply.
265265 18 (3) If the probation officer or State's Attorney (or such
266266 19 other public officer designated by the court in a county
267267 20 having 3,000,000 or more inhabitants) determines that the
268268 21 minor may be a delinquent minor as described in subsection (3)
269269 22 of Section 5-105, and should be retained in custody but does
270270 23 not require physical restriction, the minor may be placed in
271271 24 non-secure custody for up to 40 hours pending a detention
272272 25 hearing.
273273 26 (4) Any minor taken into temporary custody, not requiring
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284284 1 secure detention, may, however, be detained in the home of his
285285 2 or her parent or guardian subject to such conditions as the
286286 3 court may impose.
287287 4 (5) The changes made to this Section by Public Act 98-61
288288 5 apply to a minor who has been arrested or taken into custody on
289289 6 or after January 1, 2014 (the effective date of Public Act
290290 7 98-61).
291291 8 (Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)
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