Ill. Admin. Code tit. 20 § 701.270

Current through Register Vol. 48, No. 45, November 8, 2024

Section 701.270 - Juvenile Detention

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.

b) Minimum Standards

These standards apply to any juvenile remanded to the custody of the sheriff by legal authority after receipt of the written authorization of a probation officer or an officer of the court.

1) All standards in the preceding Sections of this Part apply equally to minors except where prohibited by law or by the standards in this Part or where contrary to the added requirements or restrictions of Sections 701.280 and 701.290.

2) Minors shall be kept separate by sight and sound from confined adults. There shall be no contact between confined adults and juveniles in the residential areas such as cells and detention rooms. Non-residential areas such as entrances, corridors, elevators, booking areas, food service areas, and program areas may achieve separation through time-phasing of the non-residential areas. The time-phasing shall be implemented so as to eliminate all but inadvertent or accidental sight or sound contact between juveniles and confined adults.

3) A parent, legal guardian, or person with whom the minor resides shall be notified of the minor's detention if the law enforcement officer or court officer has been unable to do so.

4) Records of all minors under 17 years of age must be maintained separate from the records of adult arrests. Names of juveniles shall not be recorded in the same ledgers, jail registers, monthly population reports, or other records that are subject to public review.

5) Records of minors shall not be open to public inspection nor shall their contents be disclosed to the public, except by order of the court or as otherwise outlined in Section 1-8 of the Juvenile Court Act of 1987 [705 ILCS 405/1-8] .

6) Minors shall, under the following conditions, be provided with supervision by a person of the same sex:

A) During the performance of established procedures which require physical contact or examination such as body searches.

B) During periods of personal hygiene activities and care such as showers, toileting, and related activities.

7) Subsection (b)(6) of this Section does not prohibit the use of necessary force by a staff member of a sex other than that of a detainee.

8) A periodic visual check of juveniles confined shall be made by personal observation, not including observation by a monitoring device. Periodic is defined to be a minimum of at least once every 15 minutes for the first six hours of detention and at least once every 30 minutes thereafter. Any minor subjected to segregation or isolation shall be visually checked at least every 15 minutes.

9) Visual checks shall be recorded by a mechanical device or logged in ink indicating:

A) Time of check;

B) Signature of responsible person; and

C) Any relevant remarks.

10) Minors shall be assigned single occupancy cells or detention rooms.

11) Detainees shall be provided with meals in accordance with Section 701.110 when they are detained during the facility's normal meal periods.

12) Any evidence of child abuse shall be reported to the Illinois Department of Children and Family Services in accordance with 89 Ill. Adm. Code 300.

13) Staff who will supervise youth pending an adjudicatory hearing shall be trained in the methods and techniques of juvenile care per standards approved by the Illinois Law Enforcement Training Standards Board.

14) To accept and hold minors after 36 hours, excluding Saturdays, Sundays, and court designated holidays, but not to exceed seven days, including Saturdays, Sundays, and court designated holidays, the jail shall comply with the additional temporary standards for detention pending an adjudicatory hearing outlined in Section 701.280.

15) To accept and hold minors beyond seven days, including Saturdays, Sundays, and court designated holidays, the jail shall comply with all programmatic and training standards outlined in 20 Ill. Adm. Code 702.

16) To accept and hold minors under 17 years of age who have been prosecuted under the Criminal Code of 1961 and confined to a county jail as directed by court order, the jail shall comply with the additional standards outlined in Section 701.290.

Ill. Admin. Code tit. 20, § 701.270

Amended at 21 Ill. Reg. 3835, effective April 1, 1997