705 ILCS 405/5-407
2021 Illinois Compiled Statutes|Chapter 705 - COURTS|705 ILCS 405/ - Juvenile Court Act of 1987.|Article V - Delinquent Minors

Sec. 5-407. Processing of juvenile in possession of a firearm.(a) If a law enforcement officer detains a minor pursuant to Section  10-27.1A of the  School Code, the officer shall deliver the minor to the nearest juvenile  officer, in the manner  prescribed by subsection (2) of Section 5-405 of this Act.  The juvenile  officer shall deliver the  minor without unnecessary delay to the court or to the place designated by rule  or order of court  for the reception of minors.  In no event shall the minor be eligible for any  other disposition by  the juvenile police officer, notwithstanding the provisions of subsection (3)  of Section 5-405 of  this Act.(b) Minors shall be brought before a judicial officer within  40 hours,  exclusive of Saturdays,  Sundays, and court-designated holidays, for a detention hearing to determine  whether he or she  shall be further held in custody.  If the court finds that there is probable  cause to believe that the  minor is a delinquent minor by virtue of his or her violation of item (4) of  subsection (a) of  Section 24-1 of the Criminal Code of 1961 or the Criminal Code of 2012  while on school grounds, that finding shall create a presumption that immediate  and urgent necessity exists under  subdivision (2) of Section 5-501 of this Act.  Once the presumption of  immediate and urgent necessity has been raised, the burden of demonstrating the  lack of immediate and urgent necessity shall be on any party that is opposing  detention for the minor.  Should the court order detention pursuant to this  Section, the minor  shall be detained, pending the results of a court-ordered  psychological  evaluation to determine if the minor is a risk to himself, herself, or others.  Upon receipt of the  psychological evaluation, the court shall review the determination  regarding  the existence of  urgent and immediate necessity.  The court shall consider the psychological  evaluation in  conjunction with the other factors identified in subdivision (2) of Section  5-501 of this Act in  order to make a de novo determination regarding whether it is a matter of  immediate and urgent  necessity for the protection of the minor or of the person or property of  another that the minor be  detained or placed in a shelter care facility.  In addition to the pre-trial  conditions found in  Section 5-505 of this Act, the court may order the minor to receive counseling  and any other  services recommended by the psychological evaluation as a condition for release  of the minor.(c) Upon making a determination that the student presents a risk to himself,  herself, or  others, the court shall issue an order restraining the student from entering  the property of the  school if he or she has been suspended or expelled from the school as a result  of possessing a  firearm.  The order shall restrain the student from entering the school and  school  owned or leased  property, including any conveyance owned, leased, or contracted by the school  to transport  students to or from school or a school-related activity.  The order shall  remain in effect until such  time as the court determines that the student no longer presents a risk to  himself, herself, or  others.(d) Psychological evaluations ordered pursuant to subsection (b) of this  Section and  statements made by the minor during the course of these evaluations, shall not  be admissible on  the issue of delinquency during the course of any adjudicatory hearing held  under this Act.(e) In this Section:"School" means any public or  private  elementary or secondary school."School grounds" includes the real  property comprising  any school, any conveyance owned, leased, or contracted by a school to  transport students to or  from school or a school-related activity, or any public way within 1,000  feet of the real  property comprising any school.  (Source: P.A. 99-258, eff. 1-1-16.)