Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2370 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2370 Introduced 2/10/2023, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED: 705 ILCS 405/5-501 Amends the Juvenile Court Act of 1987. Provides that the Department of Children and Family Services shall reimburse any county probation department for the costs of placement of any youth in care, whether the youth in care is in the custody of a county juvenile detention center or appropriate placement that meets the needs of the youth in care. Provides that the costs shall include expenditures for transportation and medical or mental health services. Provides that placement costs shall be at the detention center's usual and customary rate. Contains findings. LRB103 28381 RLC 54761 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2370 Introduced 2/10/2023, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED: 705 ILCS 405/5-501 705 ILCS 405/5-501 Amends the Juvenile Court Act of 1987. Provides that the Department of Children and Family Services shall reimburse any county probation department for the costs of placement of any youth in care, whether the youth in care is in the custody of a county juvenile detention center or appropriate placement that meets the needs of the youth in care. Provides that the costs shall include expenditures for transportation and medical or mental health services. Provides that placement costs shall be at the detention center's usual and customary rate. Contains findings. LRB103 28381 RLC 54761 b LRB103 28381 RLC 54761 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2370 Introduced 2/10/2023, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED:
3	3	705 ILCS 405/5-501 705 ILCS 405/5-501
4	4	705 ILCS 405/5-501
5	5	Amends the Juvenile Court Act of 1987. Provides that the Department of Children and Family Services shall reimburse any county probation department for the costs of placement of any youth in care, whether the youth in care is in the custody of a county juvenile detention center or appropriate placement that meets the needs of the youth in care. Provides that the costs shall include expenditures for transportation and medical or mental health services. Provides that placement costs shall be at the detention center's usual and customary rate. Contains findings.
6	6	LRB103 28381 RLC 54761 b LRB103 28381 RLC 54761 b
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8	8	A BILL FOR
9	9	SB2370LRB103 28381 RLC 54761 b SB2370 LRB103 28381 RLC 54761 b
10	10	SB2370 LRB103 28381 RLC 54761 b
11	11	1 AN ACT concerning courts.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Findings.
15	15	5 (a) The General Assembly finds that:
16	16	6 (1) an adequate continuum of care is necessary to
17	17	7 better address the needs of juveniles within the court
18	18	8 system;
19	19	9 (2) the unique partnership of State and local services
20	20	10 is needed to provide the right placements, and the right
21	21	11 services for justice-involved juveniles; and
22	22	12 (3) providing juveniles who are youth in care of the
23	23	13 State and in the care or recently in the care of the
24	24	14 Department of Children and Family Services, should be
25	25	15 receiving a continuum of care and services, even when the
26	26	16 juvenile unfortunately becomes involved with the juvenile
27	27	17 justice system.
28	28	18 (b) The General Assembly recommends that juveniles who are
29	29	19 youth in care of the State and in the care or recently in the
30	30	20 care of the Department of Children and Family Services shall
31	31	21 not have their services interrupted or be left unnecessarily
32	32	22 in juvenile detention centers.
33	33	23 Section 5. The Juvenile Court Act of 1987 is amended by
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2370 Introduced 2/10/2023, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED:
38	38	705 ILCS 405/5-501 705 ILCS 405/5-501
39	39	705 ILCS 405/5-501
40	40	Amends the Juvenile Court Act of 1987. Provides that the Department of Children and Family Services shall reimburse any county probation department for the costs of placement of any youth in care, whether the youth in care is in the custody of a county juvenile detention center or appropriate placement that meets the needs of the youth in care. Provides that the costs shall include expenditures for transportation and medical or mental health services. Provides that placement costs shall be at the detention center's usual and customary rate. Contains findings.
41	41	LRB103 28381 RLC 54761 b LRB103 28381 RLC 54761 b
42	42	LRB103 28381 RLC 54761 b
43	43	A BILL FOR
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49	49	705 ILCS 405/5-501
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68	68	1 changing Section 5-501 as follows:
69	69	2 (705 ILCS 405/5-501)
70	70	3 Sec. 5-501. Detention or shelter care hearing. At the
71	71	4 appearance of the minor before the court at the detention or
72	72	5 shelter care hearing, the court shall receive all relevant
73	73	6 information and evidence, including affidavits concerning the
74	74	7 allegations made in the petition. Evidence used by the court
75	75	8 in its findings or stated in or offered in connection with this
76	76	9 Section may be by way of proffer based on reliable information
77	77	10 offered by the State or minor. All evidence shall be
78	78	11 admissible if it is relevant and reliable regardless of
79	79	12 whether it would be admissible under the rules of evidence
80	80	13 applicable at a trial. No hearing may be held unless the minor
81	81	14 is represented by counsel and no hearing shall be held until
82	82	15 the minor has had adequate opportunity to consult with
83	83	16 counsel.
84	84	17 (1) If the court finds that there is not probable cause to
85	85	18 believe that the minor is a delinquent minor, it shall release
86	86	19 the minor and dismiss the petition.
87	87	20 (2) If the court finds that there is probable cause to
88	88	21 believe that the minor is a delinquent minor, the minor, his or
89	89	22 her parent, guardian, custodian and other persons able to give
90	90	23 relevant testimony may be examined before the court. The court
91	91	24 may also consider any evidence by way of proffer based upon
92	92	25 reliable information offered by the State or the minor. All
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103	103	1 evidence, including affidavits, shall be admissible if it is
104	104	2 relevant and reliable regardless of whether it would be
105	105	3 admissible under the rules of evidence applicable at trial.
106	106	4 After such evidence is presented, the court may enter an order
107	107	5 that the minor shall be released upon the request of a parent,
108	108	6 guardian or legal custodian if the parent, guardian or
109	109	7 custodian appears to take custody.
110	110	8 If the court finds that it is a matter of immediate and
111	111	9 urgent necessity for the protection of the minor or of the
112	112	10 person or property of another that the minor be detained or
113	113	11 placed in a shelter care facility or that he or she is likely
114	114	12 to flee the jurisdiction of the court, the court may prescribe
115	115	13 detention or shelter care and order that the minor be kept in a
116	116	14 suitable place designated by the court or in a shelter care
117	117	15 facility designated by the Department of Children and Family
118	118	16 Services or a licensed child welfare agency; otherwise it
119	119	17 shall release the minor from custody. If the court prescribes
120	120	18 shelter care, then in placing the minor, the Department or
121	121	19 other agency shall, to the extent compatible with the court's
122	122	20 order, comply with Section 7 of the Children and Family
123	123	21 Services Act. In making the determination of the existence of
124	124	22 immediate and urgent necessity, the court shall consider among
125	125	23 other matters: (a) the nature and seriousness of the alleged
126	126	24 offense; (b) the minor's record of delinquency offenses,
127	127	25 including whether the minor has delinquency cases pending; (c)
128	128	26 the minor's record of willful failure to appear following the
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139	139	1 issuance of a summons or warrant; (d) the availability of
140	140	2 non-custodial alternatives, including the presence of a
141	141	3 parent, guardian or other responsible relative able and
142	142	4 willing to provide supervision and care for the minor and to
143	143	5 assure his or her compliance with a summons. If the minor is
144	144	6 ordered placed in a shelter care facility of a licensed child
145	145	7 welfare agency, the court shall, upon request of the agency,
146	146	8 appoint the appropriate agency executive temporary custodian
147	147	9 of the minor and the court may enter such other orders related
148	148	10 to the temporary custody of the minor as it deems fit and
149	149	11 proper.
150	150	12 If the court prescribes detention, and the minor is a
151	151	13 youth in care of the Department of Children and Family
152	152	14 Services, a hearing shall be held every 14 days to determine
153	153	15 whether there is an urgent and immediate necessity to detain
154	154	16 the minor for the protection of the person or property of
155	155	17 another. If urgent and immediate necessity is not found on the
156	156	18 basis of the protection of the person or property of another,
157	157	19 the minor shall be released to the custody of the Department of
158	158	20 Children and Family Services. If the court prescribes
159	159	21 detention based on the minor being likely to flee the
160	160	22 jurisdiction, and the minor is a youth in care of the
161	161	23 Department of Children and Family Services, a hearing shall be
162	162	24 held every 7 days for status on the location of shelter care
163	163	25 placement by the Department of Children and Family Services.
164	164	26 Detention shall not be used as a shelter care placement for
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175	175	1 minors in the custody or guardianship of the Department of
176	176	2 Children and Family Services.
177	177	3 The Department of Children and Family Services shall
178	178	4 reimburse any county probation department for the costs of
179	179	5 placement of any youth in care, whether the youth in care is in
180	180	6 the custody of a county juvenile detention center or
181	181	7 appropriate placement that meets the needs of the youth in
182	182	8 care. Costs shall include expenditures for transportation and
183	183	9 medical or mental health services. Placement costs shall be at
184	184	10 the detention center's usual and customary rate.
185	185	11 The order together with the court's findings of fact in
186	186	12 support of the order shall be entered of record in the court.
187	187	13 Once the court finds that it is a matter of immediate and
188	188	14 urgent necessity for the protection of the minor that the
189	189	15 minor be placed in a shelter care facility, the minor shall not
190	190	16 be returned to the parent, custodian or guardian until the
191	191	17 court finds that the placement is no longer necessary for the
192	192	18 protection of the minor.
193	193	19 (3) Only when there is reasonable cause to believe that
194	194	20 the minor taken into custody is a delinquent minor may the
195	195	21 minor be kept or detained in a facility authorized for
196	196	22 juvenile detention. This Section shall in no way be construed
197	197	23 to limit subsection (4).
198	198	24 (4) (a) Minors 12 years of age or older must be kept
199	199	25 separate from confined adults and may not at any time be kept
200	200	26 in the same cell, room or yard with confined adults. This
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211	211	1 paragraph (4) shall only apply to confinement pending an
212	212	2 adjudicatory hearing and shall not exceed 40 hours, excluding
213	213	3 Saturdays, Sundays, and court designated holidays. To accept
214	214	4 or hold minors during this time period, county jails shall
215	215	5 comply with all monitoring standards adopted by the Department
216	216	6 of Corrections and training standards approved by the Illinois
217	217	7 Law Enforcement Training Standards Board.
218	218	8 (b) To accept or hold minors, 12 years of age or older,
219	219	9 after the time period prescribed in clause (a) of subsection
220	220	10 (4) of this Section but not exceeding 7 days including
221	221	11 Saturdays, Sundays, and holidays, pending an adjudicatory
222	222	12 hearing, county jails shall comply with all temporary
223	223	13 detention standards adopted by the Department of Corrections
224	224	14 and training standards approved by the Illinois Law
225	225	15 Enforcement Training Standards Board.
226	226	16 (c) To accept or hold minors 12 years of age or older after
227	227	17 the time period prescribed in clause (a) and (b) of this
228	228	18 subsection, county jails shall comply with all county juvenile
229	229	19 detention standards adopted by the Department of Juvenile
230	230	20 Justice.
231	231	21 (5) If the minor is not brought before a judicial officer
232	232	22 within the time period as specified in Section 5-415, the
233	233	23 minor must immediately be released from custody.
234	234	24 (6) If neither the parent, guardian, or legal custodian
235	235	25 appears within 24 hours to take custody of a minor released
236	236	26 from detention or shelter care, then the clerk of the court
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247	247	1 shall set the matter for rehearing not later than 7 days after
248	248	2 the original order and shall issue a summons directed to the
249	249	3 parent, guardian, or legal custodian to appear. At the same
250	250	4 time the probation department shall prepare a report on the
251	251	5 minor. If a parent, guardian, or legal custodian does not
252	252	6 appear at such rehearing, the judge may enter an order
253	253	7 prescribing that the minor be kept in a suitable place
254	254	8 designated by the Department of Human Services or a licensed
255	255	9 child welfare agency. The time during which a minor is in
256	256	10 custody after being released upon the request of a parent,
257	257	11 guardian, or legal custodian shall be considered as time spent
258	258	12 in detention for purposes of scheduling the trial.
259	259	13 (7) Any party, including the State, the temporary
260	260	14 custodian, an agency providing services to the minor or family
261	261	15 under a service plan pursuant to Section 8.2 of the Abused and
262	262	16 Neglected Child Reporting Act, foster parent, or any of their
263	263	17 representatives, may file a motion to modify or vacate a
264	264	18 temporary custody order or vacate a detention or shelter care
265	265	19 order on any of the following grounds:
266	266	20 (a) It is no longer a matter of immediate and urgent
267	267	21 necessity that the minor remain in detention or shelter
268	268	22 care; or
269	269	23 (b) There is a material change in the circumstances of
270	270	24 the natural family from which the minor was removed; or
271	271	25 (c) A person, including a parent, relative, or legal
272	272	26 guardian, is capable of assuming temporary custody of the
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283	283	1 minor; or
284	284	2 (d) Services provided by the Department of Children
285	285	3 and Family Services or a child welfare agency or other
286	286	4 service provider have been successful in eliminating the
287	287	5 need for temporary custody.
288	288	6 The clerk shall set the matter for hearing not later than
289	289	7 14 days after such motion is filed. In the event that the court
290	290	8 modifies or vacates a temporary order but does not vacate its
291	291	9 finding of probable cause, the court may order that
292	292	10 appropriate services be continued or initiated on behalf of
293	293	11 the minor and his or her family.
294	294	12 (8) Whenever a petition has been filed under Section
295	295	13 5-520, the court can, at any time prior to trial or sentencing,
296	296	14 order that the minor be placed in detention or a shelter care
297	297	15 facility after the court conducts a hearing and finds that the
298	298	16 conduct and behavior of the minor may endanger the health,
299	299	17 person, welfare, or property of himself or others or that the
300	300	18 circumstances of his or her home environment may endanger his
301	301	19 or her health, person, welfare, or property.
302	302	20 (Source: P.A. 102-654, eff. 1-1-23; 102-813, eff. 5-13-22.)
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