Ill. Admin. Code tit. 20 § 2602.10

Current through Register Vol. 48, No. 50, December 13, 2024

Section 2602.10 - Detention Admission Policy

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.

1) A qualified intake officer shall be appointed to screen court intake service referrals and control detention admissions. The chief judge shall identify those court services staff authorized to make detention decisions.

2) Twenty-four hour intake coverage shall be provided. Authorized court personnel will be available at all times to make detention screening decisions.

3) No youth shall be placed in detention without authorization by the judge or person appointed by the judge. However, a youth who has a valid warrant issued by the Department for violating the youth's terms of aftercare release, and is arrested based on that warrant, may be placed in detention without prior authorization. A copy of the judicial order or completed detention screening tool shall be reviewed prior to admission and maintained in the youth's file.

4) The law enforcement officer requesting detention of a youth shall submit a detailed written report of the alleged charge.

5) Youth with serious medical or mental health needs, including severe intoxication, shall not be admitted unless examined and cleared for admission by qualified medical personnel.

6) No youth shall be admitted to a detention facility when the admission will result in exceeding the operational capacity.

7) Youth shall not be placed in detention for status offenses.

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)

1) A youth shall not be placed in detention for a period of more than 30 days as a disposition pursuant to Section 5-710(1)(a)(v) of the Juvenile Court Act, less any time previously spent in detention for the same offense.

2) The use of detention pending completion of a trial must comply with Section 5-601 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.

Ill. Admin. Code tit. 20, § 2602.10

Added at 45 Ill. Reg. 9040, effective 6/29/2021.