Illinois Administrative Code › Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT › Part 701 - COUNTY JAIL STANDARDS › Section 701.270 - Juvenile Detention

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Statutory Provisions
Sections 5-3 and 5-7 of the Juvenile Court Act of 1987 [705
				ILCS 405/5-3 and 5 -7] state:
1)
			 "Delinquent Minor" means any minor who prior to hisor her17th birthday has
			 violated or attempted to violate, regardless of where the act occurred, any
			 federal or state law or municipal ordinance.
2) "Detention" means the temporary care of a
			 minor alleged or adjudicated as a person described in subsection (a)(1) of this
			 Section who requires secure custody for his or her own or the community's
			 protection in a facility designed to physically restrict his or her movements,
			 pending disposition by the court for placement or commitment. Design features
			 which physically restrict movement include, but are not limited to, locked
			 rooms and the secure handcuffing of a minor to a rail or other stationary
			 object.
3) "Juvenile Detention
			 Home" means a public facility with specially trained staff that conforms to
			 theCounty Juvenile Detention Standards (20 Ill. Adm. Code 702).
4) Except as otherwise provided
			 insubsections(a)(5)through (8)of this Section, no minor shall be detained in a
			 county jail or municipal lockup for more than six hours.
A) 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.
B) 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.
C) 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 six
			 hours.
D) A log shall be kept that
			 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.
E) Violation of the
			 6-hour 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 6-hour time limit.
F) No minor under 16 years of age may be
			 confined in a jail or place ordinarily used for the confinement of prisoners in
			 a police station. Minors under 17 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.
5) If a minor age 12 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 age 12 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 subsection (a)(5) shall only apply to confinement pending an
			 adjudicatory hearing and shall not exceed 36 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 for
			 juvenile detention homes promulgated by the Department of Corrections and
			 training standards approved by the Illinois Law Enforcement Training Standards
			 Board.
6) To accept or hold minors,
			 12 years of age or older, after the time period prescribed in subsection (a)(5)
			 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 promulgated by the Department of Corrections and
			 training standards approved by the Illinois Law Enforcement Training Standards
			 Board.
7) To accept or hold minors,
			 12 years or older, after the time period prescribed in subsection (a)(5) or (6)
			 of this Section, county jails shall comply with all programmatic and training
			 standards for juvenile detention homes promulgated by the Department of
			 Corrections.
8) When a minor who is
			 at least 15 years of age is prosecuted under the Criminal Code of 1961, 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. This subsection(a)(8)shall not apply in a county
			 having more than 3 million inhabitants.