Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2807 Compare Versions

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

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2807 Introduced 1/17/2024, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: 705 ILCS 405/5-410 Amends the Juvenile Court Act of 1987. Provides that any minor 15 years of age or older arrested or taken into custody under the Act for 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: (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 34067 RLC 63884 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2807 Introduced 1/17/2024, 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 15 years of age or older arrested or taken into custody under the Act for 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: (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 34067 RLC 63884 b LRB103 34067 RLC 63884 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2807 Introduced 1/17/2024, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
3	3	705 ILCS 405/5-410 705 ILCS 405/5-410
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5	5	Amends the Juvenile Court Act of 1987. Provides that any minor 15 years of age or older arrested or taken into custody under the Act for 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: (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.
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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 5. The Juvenile Court Act of 1987 is amended by
15	15	5 changing Section 5-410 as follows:
16	16	6 (705 ILCS 405/5-410)
17	17	7 Sec. 5-410. Non-secure custody or detention.
18	18	8 (1) Any minor arrested or taken into custody pursuant to
19	19	9 this Act who requires care away from the minor's home but who
20	20	10 does not require physical restriction shall be given temporary
21	21	11 care in a foster family home or other shelter facility
22	22	12 designated by the court.
23	23	13 (2)(a) Any minor 10 years of age or older arrested
24	24	14 pursuant to this Act where there is probable cause to believe
25	25	15 that the minor is a delinquent minor and that (i) secure
26	26	16 custody is a matter of immediate and urgent necessity for the
27	27	17 protection of the minor or of the person or property of
28	28	18 another, (ii) the minor is likely to flee the jurisdiction of
29	29	19 the court, or (iii) the minor was taken into custody under a
30	30	20 warrant, may be kept or detained in an authorized detention
31	31	21 facility. A minor under 13 years of age shall not be admitted,
32	32	22 kept, or detained in a detention facility unless a local youth
33	33	23 service provider, including a provider through the
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2807 Introduced 1/17/2024, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
38	38	705 ILCS 405/5-410 705 ILCS 405/5-410
39	39	705 ILCS 405/5-410
40	40	Amends the Juvenile Court Act of 1987. Provides that any minor 15 years of age or older arrested or taken into custody under the Act for 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: (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.
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43	43	A BILL FOR
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68	68	1 Comprehensive Community Based Youth Services network, has been
69	69	2 contacted and has not been able to accept the minor. No minor
70	70	3 under 12 years of age shall be detained in a county jail or a
71	71	4 municipal lockup for more than 6 hours.
72	72	5 (a-5) For a minor arrested or taken into custody for
73	73	6 vehicular hijacking or aggravated vehicular hijacking, a
74	74	7 previous finding of delinquency for vehicular hijacking or
75	75	8 aggravated vehicular hijacking shall be given greater weight
76	76	9 in determining whether secured custody of a minor is a matter
77	77	10 of immediate and urgent necessity for the protection of the
78	78	11 minor or of the person or property of another.
79	79	12 (b) The written authorization of the probation officer or
80	80	13 detention officer (or other public officer designated by the
81	81	14 court in a county having 3,000,000 or more inhabitants)
82	82	15 constitutes authority for the superintendent of any juvenile
83	83	16 detention home to detain and keep a minor for up to 40 hours,
84	84	17 excluding Saturdays, Sundays, and court-designated holidays.
85	85	18 These records shall be available to the same persons and
86	86	19 pursuant to the same conditions as are law enforcement records
87	87	20 as provided in Section 5-905.
88	88	21 (b-4) The consultation required by paragraph (b-5) shall
89	89	22 not be applicable if the probation officer or detention
90	90	23 officer (or other public officer designated by the court in a
91	91	24 county having 3,000,000 or more inhabitants) utilizes a
92	92	25 scorable detention screening instrument, which has been
93	93	26 developed with input by the State's Attorney, to determine
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104	104	1 whether a minor should be detained, however, paragraph (b-5)
105	105	2 shall still be applicable where no such screening instrument
106	106	3 is used or where the probation officer, detention officer (or
107	107	4 other public officer designated by the court in a county
108	108	5 having 3,000,000 or more inhabitants) deviates from the
109	109	6 screening instrument.
110	110	7 (b-5) Subject to the provisions of paragraph (b-4), if a
111	111	8 probation officer or detention officer (or other public
112	112	9 officer designated by the court in a county having 3,000,000
113	113	10 or more inhabitants) does not intend to detain a minor for an
114	114	11 offense which constitutes one of the following offenses, the
115	115	12 probation officer or detention officer (or other public
116	116	13 officer designated by the court in a county having 3,000,000
117	117	14 or more inhabitants) shall consult with the State's Attorney's
118	118	15 Office prior to the release of the minor: first degree murder,
119	119	16 second degree murder, involuntary manslaughter, criminal
120	120	17 sexual assault, aggravated criminal sexual assault, aggravated
121	121	18 battery with a firearm as described in Section 12-4.2 or
122	122	19 subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section
123	123	20 12-3.05, aggravated or heinous battery involving permanent
124	124	21 disability or disfigurement or great bodily harm, robbery,
125	125	22 aggravated robbery, armed robbery, vehicular hijacking,
126	126	23 aggravated vehicular hijacking, vehicular invasion, arson,
127	127	24 aggravated arson, kidnapping, aggravated kidnapping, home
128	128	25 invasion, burglary, or residential burglary. Any minor 15
129	129	26 years of age or older arrested or taken into custody under this
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140	140	1 Act for aggravated vehicular hijacking shall be detained in an
141	141	2 authorized detention facility until a detention or shelter
142	142	3 care hearing is held to determine if there is probable cause to
143	143	4 believe that the minor is a delinquent minor and: (1) secure
144	144	5 custody is a matter of immediate and urgent necessity for the
145	145	6 protection of the minor or of the person or property of
146	146	7 another; (2) the minor is likely to flee the jurisdiction of
147	147	8 the court; or (3) the minor was taken into custody under a
148	148	9 warrant. If the court makes that determination, the minor
149	149	10 shall continue to be held until the disposition of an
150	150	11 adjudicatory hearing under this Article.
151	151	12 (c) Except as otherwise provided in paragraph (a), (d), or
152	152	13 (e), no minor shall be detained in a county jail or municipal
153	153	14 lockup for more than 12 hours, unless the offense is a crime of
154	154	15 violence in which case the minor may be detained up to 24
155	155	16 hours. For the purpose of this paragraph, "crime of violence"
156	156	17 has the meaning ascribed to it in Section 1-10 of the
157	157	18 Alcoholism and Other Drug Abuse and Dependency Act.
158	158	19 (i) The period of detention is deemed to have begun
159	159	20 once the minor has been placed in a locked room or cell or
160	160	21 handcuffed to a stationary object in a building housing a
161	161	22 county jail or municipal lockup. Time spent transporting a
162	162	23 minor is not considered to be time in detention or secure
163	163	24 custody.
164	164	25 (ii) Any minor so confined shall be under periodic
165	165	26 supervision and shall not be permitted to come into or
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176	176	1 remain in contact with adults in custody in the building.
177	177	2 (iii) Upon placement in secure custody in a jail or
178	178	3 lockup, the minor shall be informed of the purpose of the
179	179	4 detention, the time it is expected to last and the fact
180	180	5 that it cannot exceed the time specified under this Act.
181	181	6 (iv) A log shall be kept which shows the offense which
182	182	7 is the basis for the detention, the reasons and
183	183	8 circumstances for the decision to detain, and the length
184	184	9 of time the minor was in detention.
185	185	10 (v) Violation of the time limit on detention in a
186	186	11 county jail or municipal lockup shall not, in and of
187	187	12 itself, render inadmissible evidence obtained as a result
188	188	13 of the violation of this time limit. Minors under 18 years
189	189	14 of age shall be kept separate from confined adults and may
190	190	15 not at any time be kept in the same cell, room, or yard
191	191	16 with adults confined pursuant to criminal law. Persons 18
192	192	17 years of age and older who have a petition of delinquency
193	193	18 filed against them may be confined in an adult detention
194	194	19 facility. In making a determination whether to confine a
195	195	20 person 18 years of age or older who has a petition of
196	196	21 delinquency filed against the person, these factors, among
197	197	22 other matters, shall be considered:
198	198	23 (A) the age of the person;
199	199	24 (B) any previous delinquent or criminal history of
200	200	25 the person;
201	201	26 (C) any previous abuse or neglect history of the
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212	212	1 person; and
213	213	2 (D) any mental health or educational history of
214	214	3 the person, or both.
215	215	4 (d)(i) If a minor 12 years of age or older is confined in a
216	216	5 county jail in a county with a population below 3,000,000
217	217	6 inhabitants, then the minor's confinement shall be implemented
218	218	7 in such a manner that there will be no contact by sight, sound,
219	219	8 or otherwise between the minor and adult prisoners. Minors 12
220	220	9 years of age or older must be kept separate from confined
221	221	10 adults and may not at any time be kept in the same cell, room,
222	222	11 or yard with confined adults. This paragraph (d)(i) shall only
223	223	12 apply to confinement pending an adjudicatory hearing and shall
224	224	13 not exceed 40 hours, excluding Saturdays, Sundays, and
225	225	14 court-designated holidays. To accept or hold minors during
226	226	15 this time period, county jails shall comply with all
227	227	16 monitoring standards adopted by the Department of Corrections
228	228	17 and training standards approved by the Illinois Law
229	229	18 Enforcement Training Standards Board.
230	230	19 (ii) To accept or hold minors, 12 years of age or older,
231	231	20 after the time period prescribed in paragraph (d)(i) of this
232	232	21 subsection (2) of this Section but not exceeding 7 days
233	233	22 including Saturdays, Sundays, and holidays pending an
234	234	23 adjudicatory hearing, county jails shall comply with all
235	235	24 temporary detention standards adopted by the Department of
236	236	25 Corrections and training standards approved by the Illinois
237	237	26 Law Enforcement Training Standards Board.
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248	248	1 (iii) To accept or hold minors 12 years of age or older,
249	249	2 after the time period prescribed in paragraphs (d)(i) and
250	250	3 (d)(ii) of this subsection (2) of this Section, county jails
251	251	4 shall comply with all county juvenile detention standards
252	252	5 adopted by the Department of Juvenile Justice.
253	253	6 (e) When a minor who is at least 15 years of age is
254	254	7 prosecuted under the criminal laws of this State, the court
255	255	8 may enter an order directing that the juvenile be confined in
256	256	9 the county jail. However, any juvenile confined in the county
257	257	10 jail under this provision shall be separated from adults who
258	258	11 are confined in the county jail in such a manner that there
259	259	12 will be no contact by sight, sound or otherwise between the
260	260	13 juvenile and adult prisoners.
261	261	14 (f) For purposes of appearing in a physical lineup, the
262	262	15 minor may be taken to a county jail or municipal lockup under
263	263	16 the direct and constant supervision of a juvenile police
264	264	17 officer. During such time as is necessary to conduct a lineup,
265	265	18 and while supervised by a juvenile police officer, the sight
266	266	19 and sound separation provisions shall not apply.
267	267	20 (g) For purposes of processing a minor, the minor may be
268	268	21 taken to a county jail or municipal lockup under the direct and
269	269	22 constant supervision of a law enforcement officer or
270	270	23 correctional officer. During such time as is necessary to
271	271	24 process the minor, and while supervised by a law enforcement
272	272	25 officer or correctional officer, the sight and sound
273	273	26 separation provisions shall not apply.
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