Illinois Administrative Code
Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
Part 2602 - COUNTY JUVENILE DETENTION STANDARDS
Section 2602.10 - Detention Admission Policy
Current through Register Vol. 48, No. 38, September 20, 2024
a) Statement of Admission Policy
The Chief Judge or the Chief Judge's designee will define in writing the court's detention admission policies for each judicial circuit. Included in those policies shall be a current detention screening tool, directions for its use and circumstances for exceptions. The detention screening tool shall be reviewed at least annually to ensure efficacy.
b) Detention Hearing
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 the 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. (Section 5-415 of the Juvenile Court Act)
c) Situation Change
A youth shall be released from detention when a change in the situation that necessitated detention occurs and the need for secure custody is no longer justified.