Illinois Administrative Code
Title 20 - CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
Part 720 - MUNICIPAL JAIL AND LOCKUP STANDARDS
Section 720.150 - Juvenile Detention
Universal Citation: 20 IL Admin Code ยง 720.150
Current through Register Vol. 48, No. 38, September 20, 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 the county juvenile
detention standards (20 Ill. Adm. Code 702).
4) No minor shall be detained in amunicipal
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
amunicipal 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 amunicipal 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.
b) Minimum Standards
1) All standards in the
preceding Sections of this Part apply equally to minors except when prohibited
by law or by the standards in this Part.
2) Confined minors shall be kept separate by
sight and sound from confined adults. There shall be no contact between
confined adults and confined juveniles in cells and detention rooms. This does
not prohibit inadvertent or occasional contact in non-residential areas, such
as entrances, corridors, elevators, and booking areas.
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 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 registrars, monthly
population reports or other records that are subject to public
review.
5) Records shall not be
open to public inspection nor shall the contents be disclosed to the public,
except by order of the court or when the institution of criminal proceedings
has been permitted or the person has been convicted of a crime and is the
subject of pre-sentence investigation or proceedings on an application for
probation or as otherwise permitted by law.
6) Juveniles shall, under the following
conditions, be provided with supervision by a person of the same sex:
A) When following 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.
9) Juveniles shall be
detained in a detention area or detention room.
10) Juveniles shall be provided with meals
when they are detained during the facility's normal meal periods.
11) 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.
Disclaimer: These regulations may not be the most recent version. Illinois may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
