JUV CT-VEH&AGG VEH HIJACKING

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB0275

Introduced 1/24/2025, by Sen. Jil Tracy

SYNOPSIS AS INTRODUCED:

705 ILCS 405/5-410

Amends the Juvenile Court Act of 1987. Provides that any minor 15
years of age or older arrested or taken into custody under the Act for
aggravated vehicular hijacking shall be detained in an authorized
detention facility until a detention or shelter care hearing is held to
determine if there is probable cause to believe that the minor is a
delinquent minor and: (1) secure custody is a matter of immediate and
urgent necessity for the protection of the minor or of the person or
property of another; (2) the minor is likely to flee the jurisdiction of
the court; or (3) the minor was taken into custody under a warrant.
Provides that if the court makes that determination, the minor shall
continue to be held until the disposition of an adjudicatory hearing under
the Delinquent Minors Article of the Act.
LRB104 03915 RLC 13939 b

A BILL FOR

SB0275
LRB104 03915 RLC 13939 b
1

AN ACT concerning courts.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Juvenile Court Act of 1987 is amended by
5
changing Section 5-410 as follows:

6

(705 ILCS 405/5-410)
7

Sec. 5-410.
Non-secure custody or detention.
8

(1) Any minor arrested or taken into custody pursuant to
9
this Act who requires care away from the minor's home but who
10
does not require physical restriction shall be given temporary
11
care in a foster family home or other shelter facility
12
designated by the court.
13

(2)(a) Any minor 10 years of age or older arrested
14
pursuant to this Act where there is probable cause to believe
15
that the minor is a delinquent minor and that (i) secure
16
custody is a matter of immediate and urgent necessity for the
17
protection of the minor or of the person or property of
18
another, (ii) the minor is likely to flee the jurisdiction of
19
the court, or (iii) the minor was taken into custody under a
20
warrant, may be kept or detained in an authorized detention
21
facility. A minor under 13 years of age shall not be admitted,
22
kept, or detained in a detention facility unless a local youth
23
service provider, including a provider through the

SB0275
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LRB104 03915 RLC 13939 b
1
Comprehensive Community Based Youth Services network, has been
2
contacted and has not been able to accept the minor. No minor
3
under 12 years of age shall be detained in a county jail or a
4
municipal lockup for more than 6 hours.
5

(a-5) For a minor arrested or taken into custody for
6
vehicular hijacking or aggravated vehicular hijacking, a
7
previous finding of delinquency for vehicular hijacking or
8
aggravated vehicular hijacking shall be given greater weight
9
in determining whether secured custody of a minor is a matter
10
of immediate and urgent necessity for the protection of the
11
minor or of the person or property of another.
12

(b) The written authorization of the probation officer or
13
detention officer (or other public officer designated by the
14
court in a county having 3,000,000 or more inhabitants)
15
constitutes authority for the superintendent of any juvenile
16
detention home to detain and keep a minor for up to 40 hours,
17
excluding Saturdays, Sundays, and court-designated holidays.
18
These records shall be available to the same persons and
19
pursuant to the same conditions as are law enforcement records
20
as provided in Section 5-905.
21

(b-4) The consultation required by paragraph (b-5) shall
22
not be applicable if the probation officer or detention
23
officer (or other public officer designated by the court in a
24
county having 3,000,000 or more inhabitants) utilizes a
25
scorable detention screening instrument, which has been
26
developed with input by the State's Attorney, to determine

SB0275
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LRB104 03915 RLC 13939 b
1
whether a minor should be detained; however, paragraph (b-5)
2
shall still be applicable where no such screening instrument
3
is used or where the probation officer, detention officer (or
4
other public officer designated by the court in a county
5
having 3,000,000 or more inhabitants) deviates from the
6
screening instrument.
7

(b-5) Subject to the provisions of paragraph (b-4), if a
8
probation officer or detention officer (or other public
9
officer designated by the court in a county having 3,000,000
10
or more inhabitants) does not intend to detain a minor for an
11
offense which constitutes one of the following offenses, the
12
probation officer or detention officer (or other public
13
officer designated by the court in a county having 3,000,000
14
or more inhabitants) shall consult with the State's Attorney's
15
Office prior to the release of the minor: first degree murder,
16
second degree murder, involuntary manslaughter, criminal
17
sexual assault, aggravated criminal sexual assault, aggravated
18
battery with a firearm as described in Section 12-4.2 or
19
subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section
20
12-3.05, aggravated or heinous battery involving permanent
21
disability or disfigurement or great bodily harm, robbery,
22
aggravated robbery, armed robbery, vehicular hijacking,

23
aggravated vehicular hijacking,
vehicular invasion, arson,
24
aggravated arson, kidnapping, aggravated kidnapping, home
25
invasion, burglary, or residential burglary.
Any minor 15
26
years of age or older arrested or taken into custody under this

SB0275
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LRB104 03915 RLC 13939 b
1
Act for aggravated vehicular hijacking shall be detained in an
2
authorized detention facility until a detention or shelter
3
care hearing is held to determine if there is probable cause to
4
believe that the minor is a delinquent minor and: (1) secure
5
custody is a matter of immediate and urgent necessity for the
6
protection of the minor or of the person or property of
7
another; (2) the minor is likely to flee the jurisdiction of
8
the court; or (3) the minor was taken into custody under a
9
warrant. If the court makes that determination, the minor
10
shall continue to be held until the disposition of an
11
adjudicatory hearing under this Article.

12

(c) Except as otherwise provided in paragraph (a), (d), or
13
(e), no minor shall be detained in a county jail or municipal
14
lockup for more than 12 hours, unless the offense is a crime of
15
violence in which case the minor may be detained up to 24
16
hours. For the purpose of this paragraph, "crime of violence"
17
has the meaning ascribed to it in Section 1-10 of the Substance
18
Use Disorder Act.
19

(i) The period of detention is deemed to have begun
20

once the minor has been placed in a locked room or cell or
21

handcuffed to a stationary object in a building housing a
22

county jail or municipal lockup. Time spent transporting a
23

minor is not considered to be time in detention or secure
24

custody.
25

(ii) Any minor so confined shall be under periodic
26

supervision and shall not be permitted to come into or

SB0275
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LRB104 03915 RLC 13939 b
1

remain in contact with adults in custody in the building.
2

(iii) Upon placement in secure custody in a jail or
3

lockup, the minor shall be informed of the purpose of the
4

detention, the time it is expected to last and the fact
5

that it cannot exceed the time specified under this Act.
6

(iv) A log shall be kept which shows the offense which
7

is the basis for the detention, the reasons and
8

circumstances for the decision to detain, and the length
9

of time the minor was in detention.
10

(v) Violation of the time limit on detention in a
11

county jail or municipal lockup shall not, in and of
12

itself, render inadmissible evidence obtained as a result
13

of the violation of this time limit. Minors under 18 years
14

of age shall be kept separate from confined adults and may
15

not at any time be kept in the same cell, room, or yard
16

with adults confined pursuant to criminal law. Persons 18
17

years of age and older who have a petition of delinquency
18

filed against them may be confined in an adult detention
19

facility. In making a determination whether to confine a
20

person 18 years of age or older who has a petition of
21

delinquency filed against the person, these factors, among
22

other matters, shall be considered:
23

(A) the age of the person;
24

(B) any previous delinquent or criminal history of
25

the person;
26

(C) any previous abuse or neglect history of the

SB0275
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LRB104 03915 RLC 13939 b
1

person; and
2

(D) any mental health or educational history of
3

the person, or both.
4

(d)(i) If a minor 12 years of age or older is confined in a
5
county jail in a county with a population below 3,000,000
6
inhabitants, then the minor's confinement shall be implemented
7
in such a manner that there will be no contact by sight, sound,
8
or otherwise between the minor and adult prisoners. Minors 12
9
years of age or older must be kept separate from confined
10
adults and may not at any time be kept in the same cell, room,
11
or yard with confined adults. This paragraph (d)(i) shall only
12
apply to confinement pending an adjudicatory hearing and shall
13
not exceed 40 hours, excluding Saturdays, Sundays, and
14
court-designated holidays. To accept or hold minors during
15
this time period, county jails shall comply with all
16
monitoring standards adopted by the Department of Corrections
17
and training standards approved by the Illinois Law
18
Enforcement Training Standards Board.
19

(ii) To accept or hold minors, 12 years of age or older,
20
after the time period prescribed in paragraph (d)(i) of this
21
subsection (2) of this Section but not exceeding 7 days
22
including Saturdays, Sundays, and holidays pending an
23
adjudicatory hearing, county jails shall comply with all
24
temporary detention standards adopted by the Department of
25
Corrections and training standards approved by the Illinois
26
Law Enforcement Training Standards Board.

SB0275
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LRB104 03915 RLC 13939 b
1

(iii) To accept or hold minors 12 years of age or older,
2
after the time period prescribed in paragraphs (d)(i) and
3
(d)(ii) of this subsection (2) of this Section, county jails
4
shall comply with all county juvenile detention standards
5
adopted by the Department of Juvenile Justice.
6

(e) When a minor who is at least 15 years of age is
7
prosecuted under the criminal laws of this State, the court
8
may enter an order directing that the juvenile be confined in
9
the county jail. However, any juvenile confined in the county
10
jail under this provision shall be separated from adults who
11
are confined in the county jail in such a manner that there
12
will be no contact by sight, sound, or otherwise between the
13
juvenile and adult prisoners.
14

(f) For purposes of appearing in a physical lineup, the
15
minor may be taken to a county jail or municipal lockup under
16
the direct and constant supervision of a juvenile police
17
officer. During such time as is necessary to conduct a lineup,
18
and while supervised by a juvenile police officer, the sight
19
and sound separation provisions shall not apply.
20

(g) For purposes of processing a minor, the minor may be
21
taken to a county jail or municipal lockup under the direct and
22
constant supervision of a law enforcement officer or
23
correctional officer. During such time as is necessary to
24
process the minor, and while supervised by a law enforcement
25
officer or correctional officer, the sight and sound
26
separation provisions shall not apply.

SB0275
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LRB104 03915 RLC 13939 b
1

(3) If the probation officer or State's Attorney (or such
2
other public officer designated by the court in a county
3
having 3,000,000 or more inhabitants) determines that the
4
minor may be a delinquent minor as described in subsection (3)
5
of Section 5-105, and should be retained in custody but does
6
not require physical restriction, the minor may be placed in
7
non-secure custody for up to 40 hours pending a detention
8
hearing.
9

(4) Any minor taken into temporary custody, not requiring
10
secure detention, may, however, be detained in the home of the
11
minor's parent or guardian subject to such conditions as the
12
court may impose.
13

(5) The changes made to this Section by Public Act 98-61
14
apply to a minor who has been arrested or taken into custody on
15
or after January 1, 2014 (the effective date of Public Act
16
98-61).
17
(Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.)

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