SECTION II Custody Issues

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SECTION II
CUSTODY ISSUES:

  1. Question: Are youths held in custody for the purpose of identification, processing, until released to parents/guardians?

    Reference: Juvenile Justice Delinquency Prevention Policy Number 89-1201, Section: 223(a)(12)(A)

    State law and Federal Requirements are the same.

    It is OJJDP's policy not to hold status offenders or non-offenders in juvenile detention or correctional facilities. There may be situations where short- term secure custody of accused status offenders and non-offenders is necessary. This detention should be for a brief period of time prior to formal juvenile court action. For investigative purposes and for identification purposes to allow return to juvenile's parents or guardian or detention for a brief period of time under juvenile court authority in order to arrange for appropriate shelter care placement and may be necessary. Further reference should be noted in the Illinois Juvenile Court Act 2002 Edition, Section 705ILCS 405/5-405 Duty of Officer; Admissions by Minor. Section 5-405 (4) (a thru h) "Factors to be considered in determining whether to release or keep the minor in custody shall include the following:The nature of allegations against the minor, the minor's history and present situation, the history of minor's family and the family's present situation, education and employment status of the minor, and the availability of special resources of community services to aid or counsel the minor, the minor's past involvement with the progress in social programs, the attitude of complainant towards the minor and the present attitude of the minor and family.

  2. Question: Are youths who are held in custody placed in an area that is sight and sound separate from the general public as well as adult offenders?

    Reference: Juvenile Justice Delinquency Prevention Policy Number 89-1301, Section 223(a)(13)

    State law and Federal Requirements are the same.

    The OJJDP discourages the placement of any youth in the facility for the detention or confinement of adult criminal offenders. Minimal and acceptable separation for monitoring purposes of Section 223(a)(13) means that juvenile offenders and adult criminal offenders can not see each other and no conversation is possible.

    To further this reference, reference should be made to the Illinois Juvenile Court Act 2002 Edition 705ILCS 405/5-410(2c)(ii)(v) and (2f,g). Any juvenile under 17 years of age shall be kept separate from confined adults in municipal lockups or county jails and may not at any time be kept in the same cell, room or yard with adults confined pursuant to criminal law. In such a manner that there will be no contact by sight, sound or otherwise between the juvenile and adult prisoners.

  3. Question: Are status offenders being securely detained?

    Reference: Illinois Juvenile Court Act2002 Edition, Section: 705ILCS 405/3-1: 405/3-3 and Section: 705ILCS 405/5-401 (3) Illinois Juvenile Court Act 2002 edition,

    Except for minors accused of violation of an order of the court,' any minor accused of any act under federal or State law or municipal ordinance which would not be illegal by an adult can not be placed in a jail. This also applies to municipal lockups, detention centers, or other secure correctional facilities. Juveniles accused with under age consumption and under age possession of alcohol can not be placed in a jail or municipal lockup detention center or correctional facility.