IL
Illinois Senate Bill SB1419

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB1419 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1419 Introduced 2/7/2023, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: 705 ILCS 405/5-410 Amends the Juvenile Court Act of 1987. Provides that any minor 10 years of age or older arrested or taken into custody under the Act for vehicular hijacking or aggravated vehicular hijacking shall be detained in an authorized detention facility until a detention or shelter care hearing is held to determine if there is probable cause to believe that the minor is a delinquent minor and that: (1) secure custody is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another; (2) the minor is likely to flee the jurisdiction of the court; or (3) the minor was taken into custody under a warrant. Provides that if the court makes that determination, the minor shall continue to be held until the disposition of an adjudicatory hearing under the Delinquent Minors Article of the Act. LRB103 25274 RLC 51618 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1419 Introduced 2/7/2023, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: 705 ILCS 405/5-410 705 ILCS 405/5-410 Amends the Juvenile Court Act of 1987. Provides that any minor 10 years of age or older arrested or taken into custody under the Act for vehicular hijacking or aggravated vehicular hijacking shall be detained in an authorized detention facility until a detention or shelter care hearing is held to determine if there is probable cause to believe that the minor is a delinquent minor and that: (1) secure custody is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another; (2) the minor is likely to flee the jurisdiction of the court; or (3) the minor was taken into custody under a warrant. Provides that if the court makes that determination, the minor shall continue to be held until the disposition of an adjudicatory hearing under the Delinquent Minors Article of the Act. LRB103 25274 RLC 51618 b LRB103 25274 RLC 51618 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1419 Introduced 2/7/2023, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
33 705 ILCS 405/5-410 705 ILCS 405/5-410
44 705 ILCS 405/5-410
55 Amends the Juvenile Court Act of 1987. Provides that any minor 10 years of age or older arrested or taken into custody under the Act for vehicular hijacking or aggravated vehicular hijacking shall be detained in an authorized detention facility until a detention or shelter care hearing is held to determine if there is probable cause to believe that the minor is a delinquent minor and that: (1) secure custody is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another; (2) the minor is likely to flee the jurisdiction of the court; or (3) the minor was taken into custody under a warrant. Provides that if the court makes that determination, the minor shall continue to be held until the disposition of an adjudicatory hearing under the Delinquent Minors Article of the Act.
66 LRB103 25274 RLC 51618 b LRB103 25274 RLC 51618 b
77 LRB103 25274 RLC 51618 b
88 A BILL FOR
99 SB1419LRB103 25274 RLC 51618 b SB1419 LRB103 25274 RLC 51618 b
1010 SB1419 LRB103 25274 RLC 51618 b
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
3434
3535
3636
3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1419 Introduced 2/7/2023, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
3838 705 ILCS 405/5-410 705 ILCS 405/5-410
3939 705 ILCS 405/5-410
4040 Amends the Juvenile Court Act of 1987. Provides that any minor 10 years of age or older arrested or taken into custody under the Act for vehicular hijacking or aggravated vehicular hijacking shall be detained in an authorized detention facility until a detention or shelter care hearing is held to determine if there is probable cause to believe that the minor is a delinquent minor and that: (1) secure custody is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another; (2) the minor is likely to flee the jurisdiction of the court; or (3) the minor was taken into custody under a warrant. Provides that if the court makes that determination, the minor shall continue to be held until the disposition of an adjudicatory hearing under the Delinquent Minors Article of the Act.
4141 LRB103 25274 RLC 51618 b LRB103 25274 RLC 51618 b
4242 LRB103 25274 RLC 51618 b
4343 A BILL FOR
4444
4545
4646
4747
4848
4949 705 ILCS 405/5-410
5050
5151
5252
5353 LRB103 25274 RLC 51618 b
5454
5555
5656
5757
5858
5959
6060
6161
6262
6363 SB1419 LRB103 25274 RLC 51618 b
6464
6565
6666 SB1419- 2 -LRB103 25274 RLC 51618 b SB1419 - 2 - LRB103 25274 RLC 51618 b
6767 SB1419 - 2 - LRB103 25274 RLC 51618 b
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
9494
9595
9696
9797
9898
9999 SB1419 - 2 - LRB103 25274 RLC 51618 b
100100
101101
102102 SB1419- 3 -LRB103 25274 RLC 51618 b SB1419 - 3 - LRB103 25274 RLC 51618 b
103103 SB1419 - 3 - LRB103 25274 RLC 51618 b
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. Any minor 10 years of age
127127 24 or older arrested or taken into custody under this Act for
128128 25 vehicular hijacking or aggravated vehicular hijacking shall be
129129 26 detained in an authorized detention facility until a detention
130130
131131
132132
133133
134134
135135 SB1419 - 3 - LRB103 25274 RLC 51618 b
136136
137137
138138 SB1419- 4 -LRB103 25274 RLC 51618 b SB1419 - 4 - LRB103 25274 RLC 51618 b
139139 SB1419 - 4 - LRB103 25274 RLC 51618 b
140140 1 or shelter care hearing is held to determine if there is
141141 2 probable cause to believe that the minor is a delinquent minor
142142 3 and that: (1) secure custody is a matter of immediate and
143143 4 urgent necessity for the protection of the minor or of the
144144 5 person or property of another; (2) the minor is likely to flee
145145 6 the jurisdiction of the court; or (3) the minor was taken into
146146 7 custody under a warrant. If the court makes that
147147 8 determination, the minor shall continue to be held until the
148148 9 disposition of an adjudicatory hearing under this Article.
149149 10 (c) Except as otherwise provided in paragraph (a), (d), or
150150 11 (e), no minor shall be detained in a county jail or municipal
151151 12 lockup for more than 12 hours, unless the offense is a crime of
152152 13 violence in which case the minor may be detained up to 24
153153 14 hours. For the purpose of this paragraph, "crime of violence"
154154 15 has the meaning ascribed to it in Section 1-10 of the
155155 16 Alcoholism and Other Drug Abuse and Dependency Act.
156156 17 (i) The period of detention is deemed to have begun
157157 18 once the minor has been placed in a locked room or cell or
158158 19 handcuffed to a stationary object in a building housing a
159159 20 county jail or municipal lockup. Time spent transporting a
160160 21 minor is not considered to be time in detention or secure
161161 22 custody.
162162 23 (ii) Any minor so confined shall be under periodic
163163 24 supervision and shall not be permitted to come into or
164164 25 remain in contact with adults in custody in the building.
165165 26 (iii) Upon placement in secure custody in a jail or
166166
167167
168168
169169
170170
171171 SB1419 - 4 - LRB103 25274 RLC 51618 b
172172
173173
174174 SB1419- 5 -LRB103 25274 RLC 51618 b SB1419 - 5 - LRB103 25274 RLC 51618 b
175175 SB1419 - 5 - LRB103 25274 RLC 51618 b
176176 1 lockup, the minor shall be informed of the purpose of the
177177 2 detention, the time it is expected to last and the fact
178178 3 that it cannot exceed the time specified under this Act.
179179 4 (iv) A log shall be kept which shows the offense which
180180 5 is the basis for the detention, the reasons and
181181 6 circumstances for the decision to detain, and the length
182182 7 of time the minor was in detention.
183183 8 (v) Violation of the time limit on detention in a
184184 9 county jail or municipal lockup shall not, in and of
185185 10 itself, render inadmissible evidence obtained as a result
186186 11 of the violation of this time limit. Minors under 18 years
187187 12 of age shall be kept separate from confined adults and may
188188 13 not at any time be kept in the same cell, room, or yard
189189 14 with adults confined pursuant to criminal law. Persons 18
190190 15 years of age and older who have a petition of delinquency
191191 16 filed against them may be confined in an adult detention
192192 17 facility. In making a determination whether to confine a
193193 18 person 18 years of age or older who has a petition of
194194 19 delinquency filed against the person, these factors, among
195195 20 other matters, shall be considered:
196196 21 (A) the age of the person;
197197 22 (B) any previous delinquent or criminal history of
198198 23 the person;
199199 24 (C) any previous abuse or neglect history of the
200200 25 person; and
201201 26 (D) any mental health or educational history of
202202
203203
204204
205205
206206
207207 SB1419 - 5 - LRB103 25274 RLC 51618 b
208208
209209
210210 SB1419- 6 -LRB103 25274 RLC 51618 b SB1419 - 6 - LRB103 25274 RLC 51618 b
211211 SB1419 - 6 - LRB103 25274 RLC 51618 b
212212 1 the person, or both.
213213 2 (d) (i) If a minor 12 years of age or older is confined in
214214 3 a county jail in a county with a population below 3,000,000
215215 4 inhabitants, then the minor's confinement shall be implemented
216216 5 in such a manner that there will be no contact by sight, sound,
217217 6 or otherwise between the minor and adult prisoners. Minors 12
218218 7 years of age or older must be kept separate from confined
219219 8 adults and may not at any time be kept in the same cell, room,
220220 9 or yard with confined adults. This paragraph (d)(i) shall only
221221 10 apply to confinement pending an adjudicatory hearing and shall
222222 11 not exceed 40 hours, excluding Saturdays, Sundays, and
223223 12 court-designated holidays. To accept or hold minors during
224224 13 this time period, county jails shall comply with all
225225 14 monitoring standards adopted by the Department of Corrections
226226 15 and training standards approved by the Illinois Law
227227 16 Enforcement Training Standards Board.
228228 17 (ii) To accept or hold minors, 12 years of age or older,
229229 18 after the time period prescribed in paragraph (d)(i) of this
230230 19 subsection (2) of this Section but not exceeding 7 days
231231 20 including Saturdays, Sundays, and holidays pending an
232232 21 adjudicatory hearing, county jails shall comply with all
233233 22 temporary detention standards adopted by the Department of
234234 23 Corrections and training standards approved by the Illinois
235235 24 Law Enforcement Training Standards Board.
236236 25 (iii) To accept or hold minors 12 years of age or older,
237237 26 after the time period prescribed in paragraphs (d)(i) and
238238
239239
240240
241241
242242
243243 SB1419 - 6 - LRB103 25274 RLC 51618 b
244244
245245
246246 SB1419- 7 -LRB103 25274 RLC 51618 b SB1419 - 7 - LRB103 25274 RLC 51618 b
247247 SB1419 - 7 - LRB103 25274 RLC 51618 b
248248 1 (d)(ii) of this subsection (2) of this Section, county jails
249249 2 shall comply with all county juvenile detention standards
250250 3 adopted by the Department of Juvenile Justice.
251251 4 (e) When a minor who is at least 15 years of age is
252252 5 prosecuted under the criminal laws of this State, the court
253253 6 may enter an order directing that the juvenile be confined in
254254 7 the county jail. However, any juvenile confined in the county
255255 8 jail under this provision shall be separated from adults who
256256 9 are confined in the county jail in such a manner that there
257257 10 will be no contact by sight, sound or otherwise between the
258258 11 juvenile and adult prisoners.
259259 12 (f) For purposes of appearing in a physical lineup, the
260260 13 minor may be taken to a county jail or municipal lockup under
261261 14 the direct and constant supervision of a juvenile police
262262 15 officer. During such time as is necessary to conduct a lineup,
263263 16 and while supervised by a juvenile police officer, the sight
264264 17 and sound separation provisions shall not apply.
265265 18 (g) For purposes of processing a minor, the minor may be
266266 19 taken to a county jail or municipal lockup under the direct and
267267 20 constant supervision of a law enforcement officer or
268268 21 correctional officer. During such time as is necessary to
269269 22 process the minor, and while supervised by a law enforcement
270270 23 officer or correctional officer, the sight and sound
271271 24 separation provisions shall not apply.
272272 25 (3) If the probation officer or State's Attorney (or such
273273 26 other public officer designated by the court in a county
274274
275275
276276
277277
278278
279279 SB1419 - 7 - LRB103 25274 RLC 51618 b
280280
281281
282282 SB1419- 8 -LRB103 25274 RLC 51618 b SB1419 - 8 - LRB103 25274 RLC 51618 b
283283 SB1419 - 8 - LRB103 25274 RLC 51618 b
284284 1 having 3,000,000 or more inhabitants) determines that the
285285 2 minor may be a delinquent minor as described in subsection (3)
286286 3 of Section 5-105, and should be retained in custody but does
287287 4 not require physical restriction, the minor may be placed in
288288 5 non-secure custody for up to 40 hours pending a detention
289289 6 hearing.
290290 7 (4) Any minor taken into temporary custody, not requiring
291291 8 secure detention, may, however, be detained in the home of his
292292 9 or her parent or guardian subject to such conditions as the
293293 10 court may impose.
294294 11 (5) The changes made to this Section by Public Act 98-61
295295 12 apply to a minor who has been arrested or taken into custody on
296296 13 or after January 1, 2014 (the effective date of Public Act
297297 14 98-61).
298298 15 (Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)
299299
300300
301301
302302
303303
304304 SB1419 - 8 - LRB103 25274 RLC 51618 b