705 ILCS 405/5-410
2021 Illinois Compiled Statutes|Chapter 705 - COURTS|705 ILCS 405/ - Juvenile Court Act of 1987.|Article V - Delinquent Minors

Sec. 5-410. Non-secure custody or detention.(1) Any minor arrested or taken into custody pursuant to this Act who  requires care away from his or her home but who does not require physical  restriction shall be given temporary care in a foster family home or other  shelter facility designated by the court.(2) (a) Any minor 10 years of age or older arrested  pursuant to this Act where there is probable cause to believe that the minor  is a delinquent minor and that  (i) secure custody is a matter of immediate and urgent necessity for the  protection of the minor or of the person or property of another, (ii) the minor  is likely to flee the jurisdiction of the court, or (iii) the minor was taken  into custody under a warrant, may be kept or detained in an authorized  detention facility.  A minor under 13 years of age shall not be admitted, kept, or detained in a detention facility unless a local youth service provider, including a provider through the Comprehensive Community Based Youth Services network, has been contacted and has not been able to accept the minor. No minor under 12 years of age shall be detained in a  county jail or a municipal lockup for more than 6 hours.(a-5) For a minor arrested or taken into custody for vehicular hijacking or aggravated vehicular hijacking, a previous finding of delinquency for vehicular hijacking or aggravated vehicular hijacking shall be given greater weight in determining whether secured custody of a minor is a matter of immediate and urgent necessity for the protection of the minor or of the person or property of another.(b) The written authorization of the probation officer or detention officer  (or other public officer designated by the court in a county having  3,000,000 or more inhabitants) constitutes authority for the superintendent of  any juvenile detention home to detain and keep a minor for up to 40 hours,  excluding Saturdays, Sundays, and court-designated holidays.  These  records shall be available to the same persons and pursuant to the same  conditions as are law enforcement records as provided in Section 5-905.(b-4) The consultation required by paragraph (b-5) shall not be applicable  if the probation officer or detention officer (or other public officer  designated  by the court in a  county having 3,000,000 or more inhabitants) utilizes a scorable detention  screening instrument, which has been developed with input by the State's  Attorney, to  determine whether a minor should be detained, however, paragraph (b-5) shall  still be applicable where no such screening instrument is used or where the  probation officer, detention officer (or other public officer designated by the  court in a county  having 3,000,000 or more inhabitants) deviates from the screening instrument.(b-5) Subject to the provisions of paragraph (b-4), if a probation officer  or detention officer  (or other public officer designated by  the court in a county having 3,000,000 or more inhabitants) does not intend to  detain a minor for an offense which constitutes one of the following offenses  he or she shall consult with the State's Attorney's Office prior to the release  of the minor:  first degree murder, second degree murder, involuntary  manslaughter, criminal sexual assault, aggravated criminal sexual assault,  aggravated battery with a firearm as described in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous battery involving  permanent disability or disfigurement or great bodily harm, robbery, aggravated  robbery, armed robbery, vehicular hijacking, aggravated vehicular hijacking,  vehicular invasion, arson, aggravated arson, kidnapping, aggravated kidnapping,  home invasion, burglary, or residential burglary.(c) Except as otherwise provided in paragraph (a), (d), or (e), no minor  shall  be detained in a county jail or municipal lockup for more than 12 hours, unless  the offense is a crime of violence in which case the minor may be detained up  to 24 hours. For the purpose of this paragraph, "crime of violence" has the  meaning  ascribed to it in Section 1-10 of the Alcoholism and Other Drug Abuse and  Dependency Act.(i) The period of detention is deemed to have begun     once the minor has been placed in a locked room or cell or handcuffed to a stationary object in a building housing a county jail or municipal lockup.  Time spent transporting a minor is not considered to be time in detention or secure custody.(ii) Any minor so confined shall be under periodic     supervision and shall not be permitted to come into or remain in contact with adults in custody in the building.(iii) Upon placement in secure custody in a jail or     lockup, the minor shall be informed of the purpose of the detention, the time it is expected to last and the fact that it cannot exceed the time specified under this Act.(iv) A log shall be kept which shows the offense     which is the basis for the detention, the reasons and circumstances for the decision to detain, and the length of time the minor was in detention.(v) Violation of the time limit on detention in a     county jail or municipal lockup shall not, in and of itself, render inadmissible evidence obtained as a result of the violation of this time limit.  Minors under 18 years of age shall be kept separate from confined adults and may not at any time be kept in the same cell, room, or yard with adults confined pursuant to criminal law.  Persons 18 years of age and older who have a petition of delinquency filed against them may be confined in an adult detention facility. In making a determination whether to confine a person 18 years of age or older who has a petition of delinquency filed against the person, these factors, among other matters, shall be considered:(A) the age of the person;(B) any previous delinquent or criminal history         of the person;(C) any previous abuse or neglect history of the         person; and(D) any mental health or educational history of         the person, or both.(d) (i) If a minor 12 years of age or older is confined in a county jail  in a  county with a population below 3,000,000 inhabitants, then the minor's  confinement shall be implemented in such a manner that there will be no contact  by sight, sound, or otherwise between the minor and adult prisoners.  Minors  12 years of age or older must be kept separate from confined adults and may not  at any time  be kept in the same cell, room, or yard with confined adults.  This paragraph  (d)(i) shall only apply to confinement pending an adjudicatory hearing and  shall not exceed 40 hours, excluding Saturdays, Sundays, and court-designated   holidays.  To accept or hold minors during this time period, county jails shall  comply with all monitoring standards adopted by the Department of  Corrections and training standards approved by the Illinois Law Enforcement  Training Standards Board.(ii) To accept or hold minors, 12 years of age or older, after the time  period  prescribed in paragraph (d)(i) of this subsection (2) of this Section but not  exceeding 7 days including Saturdays, Sundays, and holidays pending an  adjudicatory hearing, county jails shall comply with all temporary detention  standards adopted  by the Department of Corrections and training standards  approved by the Illinois Law Enforcement Training Standards Board.(iii) To accept or hold minors 12 years of age or older, after the time  period prescribed in paragraphs (d)(i) and (d)(ii) of this subsection (2) of  this  Section, county jails shall comply with all county juvenile detention standards adopted by the Department of Juvenile Justice.(e) When a minor who is at least 15 years of age is prosecuted under the  criminal laws of this State,  the court may enter an order directing that the juvenile be confined  in the county jail.  However, any juvenile confined in the county jail under  this provision shall be separated from adults who are confined in the county  jail in such a manner that there will be no contact by sight, sound or  otherwise between the juvenile and adult prisoners.(f) For purposes of appearing in a physical lineup, the minor may be taken  to a county jail or municipal lockup under the direct and constant supervision  of a juvenile police officer.  During such time as is necessary to conduct a  lineup, and while supervised by a juvenile police officer, the sight and sound  separation provisions shall not apply.(g) For purposes of processing a minor, the minor may be taken to a county jail or municipal lockup under the direct and constant supervision of a law  enforcement officer or correctional officer.  During such time as is necessary  to process the minor, and while supervised by a law enforcement officer or  correctional officer, the sight and sound separation provisions shall not  apply.(3) If the probation officer or State's Attorney (or such other public  officer designated by the court in a county having 3,000,000 or more  inhabitants) determines that the minor may be a delinquent minor as described  in subsection (3) of Section 5-105, and should be retained in custody but does  not require  physical restriction, the minor may be placed in non-secure custody for up to  40 hours pending a detention hearing.(4) Any minor taken into temporary custody, not requiring secure  detention, may, however, be detained in the home of his or her parent or  guardian subject to such conditions as the court may impose.(5) The changes made to this Section by Public Act 98-61 apply to a minor who has been arrested or taken into custody on or after January 1, 2014 (the effective date of Public Act 98-61). (Source: P.A. 100-745, eff. 8-10-18; 101-81, eff. 7-12-19.)