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This manual contains the guidelines and procedures for conducting a juvenile monitor compliance inspection. The Illinois Department of Corrections urges the development of local practices may which divert many youth taken into secure custody, and being placed in an adult confinement situation. A temporary group, individual home assignment or detention facility are alternative means to secure custody.
It's recognized that a need exists for establishing juvenile detention homes, separate from the municipal and county jails, since a minimal percentage of youth require secure custody. Juvenile detention facilities are a part of the Justice system. Humane custodial care and treatment which protects civil and legal rights and recognizes their qualities as human beings is therefore required and anything less is counter productive to detention purposes.
Illinois Juvenile Court Act, Court decisions, and sound management principals provide fundamental guidance to establishing procedures and policies. Recommendations or procedures, which may be implemented toward improving the detention operations and every effort should be made to follow guidelines. The Illinois Department of Corrections shall establish for the operation of county, municipal jails, houses of correction, county juvenile detention and shelter care facilities establish pursuant to the county shelter care and detention home act. Minimum standards for the physical condition for each institution and for the treatment of inmates with respect to their health, safety, security of the community and to make recommendations to such institutions to insure compliance with the requirements of such minimum standards.
As outlined in the Illinois Compiled Statutes 405, Juvenile Court Act of 1987 formally Illinois Revised Statutes 1991, 2002 Edition. Chapter 37 Juvenile Court Act, as amended in accordance with P.A. 89-656 eff. 1-1-97; 90-590, eff. 1-1-99. police agencies should identify specific areas in their police facility for processing and holding of juveniles and clearly designate those areas for all officers. Juveniles must always be sight and sound conversation separate from adult offenders. This process may call for time phasing so no juvenile or adult offender come in contact with each other. There are secure and non- secure custody requirements that must be met.
- Any area where the juvenile is held must be an unlocked multi-purpose area, such as a lobby, office, interrogation, or report writing room.
- In no event can the area be designated or intended to be used for residential purposes.
- The juvenile can not be physically secured to a cuffing rail or other stationary object.
- The area or areas used are limited to providing non-secure custody only long enough for the purpose of identification, investigation, processing, or release to parents or arranging transfer to the juvenile facility or court.
- The juvenile must be under continuous supervision until released.
A police agency may choose to have a "NO HOLD POLICY" for delinquent offenders. This means that even though the juvenile is charged with a delinquent offense the juvenile is always held in non-secure custody as they would be for a status offense.
It is necessary for those agencies who choose to use a "NO HOLD POLICY" to state that delinquents will be held in non secure custody and identifies specific areas within the facility where the juvenile might be placed and supervised. An example of this would be that "No juvenile would be placed in a cell, locked room or office or handcuffed to a stationary object. All juveniles interviewed or held in non-secure custody will be placed in the squad room under direct supervision by police personnel until released to parent or guardian, or transferred to a juvenile detention facility". You will discover while conducting an inspection for juvenile monitoring compliance that many aspects of the Illinois Juvenile Court Act follow through with the Illinois Department of Corrections Municipal, Jail, and Detention Standards. It is mandatory for monitors conducting this inspection for compliance to observe all necessary violations and make recommendations where needed.
DOC exempts facilities that have approved written policies or procedures that juveniles are not securely detained. Facility policies are checked by conducting on-site visits once every three years to assure that there have been no changes in such policies. DOC and IJJC monitors are available to provide technical assistance in developing appropriate written policies and procedures. The IJJC monitor and DOC, as part of the on-site inspection requirement, sample exempt facilities to ensure that these facilities are following the written procedures.