705 ILCS 405/5-415
2021 Illinois Compiled Statutes|Chapter 705 - COURTS|705 ILCS 405/ - Juvenile Court Act of 1987.|Article V - Delinquent Minors

Sec. 5-415. Setting of detention or shelter care hearing; release.(1) Unless sooner released, a minor alleged to be a delinquent minor taken  into temporary custody must be brought before a judicial officer within 40  hours for a detention or shelter care hearing to determine whether he or she  shall be  further held in custody. If a minor alleged to be a delinquent minor taken into  custody is hospitalized or is receiving treatment for a physical or mental  condition, and is unable to be brought before a judicial officer for a  detention or shelter care hearing, the 40 hour period will not commence until  the minor is released from the hospital or place of treatment.  If the minor  gives false information to law enforcement officials regarding the minor's  identity or age, the 40 hour period will not commence until the court rules  that the minor is subject to this Act and not subject to prosecution under the  Criminal Code of 1961 or the Criminal Code of 2012.  Any  other delay attributable to a minor alleged to be a delinquent minor who is  taken into temporary custody shall act to toll the 40 hour time period.  The 40 hour time period shall be tolled to allow counsel for the minor to prepare for the detention or shelter care hearing, upon a motion filed by such counsel and granted by the court. In all  cases, the 40 hour time period is exclusive of Saturdays, Sundays and  court-designated holidays.(2) If the State's Attorney or probation officer (or other public  officer designated by the court in a county having more than 3,000,000  inhabitants) determines that the minor should be retained in custody, he or she  shall  cause a petition to be filed as provided in Section 5-520 of this Article, and  the clerk of the court shall set the matter for hearing on the detention or  shelter care hearing calendar. Immediately upon the filing of a petition in the case of a minor retained in custody, the court shall cause counsel to be appointed to represent the minor.  When a parent, legal guardian, custodian, or  responsible relative is present and so requests, the detention or shelter care  hearing shall be held immediately if the court is in session  and the State is ready to proceed, otherwise at the earliest feasible time.  In no event shall a detention or shelter care hearing be held until the minor has had adequate opportunity to consult with counsel. The probation officer or such other public officer designated by the court in a  county having more than 3,000,000 inhabitants shall notify the minor's parent,  legal guardian, custodian, or responsible relative of the time and place of the  hearing.  The notice may be given orally.(3) The minor must be released from custody at the expiration of the 40  hour period specified by this Section if not brought before a judicial officer  within that period.(4) After the initial 40 hour period has lapsed, the court may review the  minor's custodial status at any time prior to the trial or sentencing  hearing.  If during this time period new or additional information becomes  available concerning the minor's conduct, the court may conduct a hearing to  determine whether the minor should be placed in a detention or shelter care  facility.  If the court finds that there is probable cause that the minor is a  delinquent minor and that it is a matter of immediate and urgent necessity for  the protection of the minor or of the person or property of another, or that he  or she is likely to flee the jurisdiction of the court, the court may order  that the minor be placed in detention or shelter care.  (Source: P.A. 97-1150, eff. 1-25-13.)