(705 ILCS 405/Art. V Pt. 4 heading)
PART 4.
ARREST AND CUSTODY
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(705 ILCS 405/5-401)
Sec. 5-401.
Arrest and taking into custody of a minor.
(1) A law enforcement officer may, without a warrant,
(a) arrest a minor whom the officer with probable
| | cause believes to be a delinquent minor; or
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(b) take into custody a minor who has been adjudged a
| | ward of the court and has escaped from any commitment ordered by the court under this Act; or
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(c) take into custody a minor whom the officer
| | reasonably believes has violated the conditions of probation or supervision ordered by the court.
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(2) Whenever a petition has been filed under Section 5-520 and the court
finds that the conduct and behavior of the minor may endanger the health,
person, welfare, or property of the minor or others or that the circumstances
of
his or her home environment may endanger his or her health, person, welfare or
property, a
warrant may be issued immediately to take the minor into custody.
(3) Except for minors accused of violation of an order of the court, any
minor accused of any act under federal or State law, or a municipal or county
ordinance
that would not be illegal if committed by an adult, cannot be placed in a jail,
municipal lockup, detention center, or secure correctional facility. Juveniles
accused with underage consumption and underage possession of
alcohol cannot be placed in a jail, municipal lockup, detention center, or
correctional facility.
(Source: P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-401.5)
Sec. 5-401.5. When statements by minor may be used.
(a) In this Section, "custodial interrogation" means any interrogation
(i) during which a reasonable person in the subject's position
would consider himself or herself to be in custody and (ii) during which
a
question is asked that is reasonably likely to elicit an incriminating
response.
In this Section, "electronic recording" includes motion picture,
audiotape, videotape, or digital recording.
In this Section, "place of detention" means a building
or a police station that is a place of operation for a municipal police
department or county sheriff department or other law enforcement agency
at which persons are or may be held in detention in
connection with criminal charges against those persons or allegations that
those
persons are delinquent minors.
(b) An oral, written, or sign language statement of a minor who, at the time
of the
commission of the offense was under the age of 18
years, made as a
result of a custodial interrogation conducted at a police station or other
place of detention on or after
the effective date of
this amendatory Act of the 93rd General Assembly shall be presumed to be
inadmissible as evidence against the
minor in
any criminal proceeding or juvenile court proceeding,
for an act that if committed by an adult would be
brought under Section 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, or 9-3.3,
of the Criminal Code of 1961 or the Criminal Code of 2012,
or under clause (d)(1)(F) of Section 11-501 of the Illinois Vehicle Code
unless:
(1) an electronic recording is made of the custodial
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(2) the recording is substantially accurate and not
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(b-5) Under the following circumstances, an oral, written, or sign language statement of a minor who, at the time
of the
commission of the offense was under the age of 17
years, made as a result of a custodial interrogation conducted at a police station or other place of detention shall be presumed to be inadmissible as evidence against the minor, unless an electronic recording is made of the custodial interrogation and the recording is substantially accurate and not intentionally altered:
(1) in any criminal proceeding or juvenile court
| | proceeding, for an act that if committed by an adult would be brought under Section 11-1.40 or 20-1.1 of the Criminal Code of 1961 or the Criminal Code of 2012, if the custodial interrogation was conducted on or after June 1, 2014;
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| (2) in any criminal proceeding or juvenile court
| | proceeding, for an act that if committed by an adult would be brought under Section 10-2, 18-4, or 19-6 of the Criminal Code of 1961 or the Criminal Code of 2012, if the custodial interrogation was conducted on or after June 1, 2015; and
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| (3) in any criminal proceeding or juvenile court
| | proceeding, for an act that if committed by an adult would be brought under Section 11-1.30 or 18-2 or subsection (e) of Section 12-3.05 of the Criminal Code of 1961 or the Criminal Code of 2012, if the custodial interrogation was conducted on or after June 1, 2016.
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| (b-10) If, during the course of an electronically recorded custodial interrogation conducted under this Section of a minor who, at the time
of the
commission of the offense was under the age of 17
years, the minor makes a statement that creates a reasonable suspicion to believe the minor has committed an act that if committed by an adult would be an offense other than an offense required to be recorded under subsection (b) or (b-5), the interrogators may, without the minor's consent, continue to record the interrogation as it relates to the other offense notwithstanding any provision of law to the contrary. Any oral, written, or sign language statement of a minor made as a result of an interrogation under this subsection shall be presumed to be inadmissible as evidence against the minor in any criminal proceeding or juvenile court proceeding, unless the recording is substantially accurate and not intentionally altered.
(c) Every electronic recording made under this Section
must be preserved
until such time as the
minor's adjudication
for any
offense relating to the statement is final and all direct and habeas corpus
appeals are
exhausted,
or the prosecution of such offenses is barred by law.
(d) If the court finds, by a preponderance of the evidence, that the
minor
was
subjected to a custodial interrogation in violation of this Section,
then any statements made
by the
minor during or following that non-recorded custodial interrogation, even
if
otherwise in compliance with this Section, are presumed to be inadmissible in
any criminal
proceeding or juvenile court proceeding against the minor except for the
purposes of impeachment.
(e) Nothing in this Section precludes the admission (i) of a statement made
by the
minor in open court in any criminal proceeding or juvenile court proceeding,
before a grand jury, or
at a
preliminary hearing,
(ii) of a
statement made during a
custodial interrogation that was not recorded as required by
this
Section because electronic recording was not feasible, (iii) of a
voluntary
statement,
whether or not the result of a custodial interrogation, that has a bearing on
the
credibility of the accused as a witness, (iv)
of a spontaneous statement
that is not made in response to a question,
(v) of a statement made after questioning that is routinely
asked during the processing of the arrest of the suspect, (vi) of a statement
made during a custodial interrogation by a suspect who requests, prior to
making
the statement, to respond to the
interrogator's questions only if
an electronic recording is not made of the statement, provided that an
electronic
recording is made of the statement of agreeing to respond to
the interrogator's question, only if a recording is not made of the statement,
(vii)
of a statement made
during a custodial
interrogation that is conducted out-of-state,
(viii)
of a
statement given in violation of subsection (b) at a time when the interrogators are unaware that a death
has in fact occurred, (ix) of a statement given in violation of subsection (b-5) at a time when the interrogators are unaware of facts and circumstances that would create probable cause to believe that the minor committed an act that if committed by an adult would be an offense required to be recorded under subsection (b-5), or (x) of any
other statement that may be admissible under law. The State shall bear the
burden of proving, by a preponderance of the evidence, that one of the
exceptions described in this subsection (e) is applicable. Nothing in this
Section precludes the admission of a statement, otherwise inadmissible under
this Section, that is used only for impeachment and not as substantive
evidence.
(f) The presumption of inadmissibility of a statement made by a suspect at
a custodial interrogation at a police station or other place of detention may
be overcome by a preponderance of the evidence
that
the statement was voluntarily given and is reliable, based on the totality of
the
circumstances.
(g) Any electronic recording of any statement made by a minor during a
custodial interrogation that is compiled by any law enforcement agency as
required by this Section for the purposes of fulfilling the requirements of
this
Section shall be confidential and exempt from public inspection and copying, as
provided under Section 7 of the Freedom of Information Act, and the information
shall not be transmitted to anyone except as needed to comply with this
Section.
(h) A statement, admission, confession, or incriminating information made by or obtained from a minor related to the instant offense, as part of any behavioral health screening, assessment, evaluation, or treatment, whether or not court-ordered, shall not be admissible as evidence against the minor on the issue of guilt only in the instant juvenile court proceeding. The provisions of this subsection (h) are in addition to and do not override any existing statutory and constitutional prohibition on the admission into evidence in delinquency proceedings of information obtained during screening, assessment, or treatment.
(i) The changes made to this Section by Public Act 98-61 apply to statements of a minor made on or after January 1, 2014 (the effective date of Public Act 98-61).
(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; 98-547, eff. 1-1-14; 98-756, eff. 7-16-14.)
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(705 ILCS 405/5-405)
Sec. 5-405.
Duty of officer; admissions by minor.
(1) A law enforcement officer who arrests a minor with a warrant shall
immediately make a reasonable attempt to notify the parent or other person
legally responsible for the minor's care or the person with whom the minor
resides that the minor has been arrested and where he or she is being
held. The minor shall be delivered without unnecessary delay to the court or
to the place designated by rule or order of court for the reception of minors.
(2) A law enforcement officer who arrests a minor without a warrant under
Section 5-401
shall, if the minor is not released, immediately make a reasonable attempt to
notify the parent or other person legally responsible for the minor's care or
the person with whom the minor resides that the minor has been
arrested and where the minor is being held; and the law enforcement officer
shall without unnecessary delay take the minor to the nearest juvenile police
officer designated for these purposes in the county of venue or shall surrender
the minor to a juvenile police officer in the city or village where the offense
is alleged to have been committed. If a minor is taken into custody for an
offense which would be a misdemeanor if committed by an adult, the law
enforcement officer, upon determining
the true identity of the
minor, may release the minor to the parent or other person legally responsible
for the minor's care or the person with whom the minor resides.
If a minor is so released, the law enforcement officer shall
promptly notify a juvenile police officer of the circumstances of the custody
and release.
(3) The juvenile police officer may take one of the following actions:
(a) station adjustment and
release of the minor;
(b) release the minor to his or her parents and refer
| | the case to Juvenile Court;
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(c) if the juvenile police officer reasonably
| | believes that there is an urgent and immediate necessity to keep the minor in custody, the juvenile police 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;
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(d) any other appropriate action with consent of the
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(4) The factors to be considered in determining whether to release or keep
a minor in custody shall include:
(a) the nature of the allegations against the minor;
(b) the minor's history and present situation;
(c) the history of the minor's family and the
| | family's present situation;
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(d) the educational and employment status of the
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(e) the availability of special resource or community
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(f) the minor's past involvement with and progress in
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(g) the attitude of complainant and community toward
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(h) the present attitude of the minor and family.
(5) The records of law enforcement officers concerning all minors taken
into custody
under this Act shall be maintained separate from the records of arrests of
adults and may not be inspected by or disclosed to the public except pursuant
to Section 5-901 and Section 5-905.
(Source: P.A. 90-590, eff. 1-1-99.)
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(705 ILCS 405/5-407)
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 not excluded from this Act's jurisdiction under subsection (3)(a)
of Section 5-130 of this Act 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. 97-1150, eff. 1-25-13.)
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(705 ILCS 405/5-410)
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) secured 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. No minor under 12 years of age shall be detained in a
county jail or a municipal lockup for more than 6 hours.
(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 subsection (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, subsection (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 subsection (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
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(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.
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(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.
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(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.
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(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:
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(A) The age of the person;
(B) Any previous delinquent or criminal history
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(C) Any previous abuse or neglect history of the
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(D) Any mental health or educational history of
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(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. 98-61, eff. 1-1-14; 98-685, eff. 1-1-15; 98-756, eff. 7-16-14.)
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(705 ILCS 405/5-415)
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.)
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