SECTION III Policy or General Written Orders

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Section III
POLICY OR GENERAL WRITTEN ORDERS

  1. Question: Does this facility have a current written policy reflecting the handling of juveniles who are status offenders?

    Reference: Illinois Juvenile Court Act 2002 Edition 705ILCS 405/1-2 Purpose and Policy

    Reference: Illinois County Jail Standards Section 701.10 b) and Illinois Municipal Jail and Lockup Standards Section 720.25 b)

    It is important for police agencies to establish guidelines and procedures for the handling of juvenile case file matters. As stated in Chapter 705ILCS 405, Juvenile Court Act of 1987, formerly (Illinois Revised Statutes 1991 Chapter 37-Juvenile Court Act); as outlined in 705ILCS 405/1-2. When a juvenile is placed in custody it's necessary to provide care and guidance as well as to serve the moral, emotional, mental, and physical welfare of the minor as well as the best interest of the community. The Illinois Juvenile Justice Committee and the Illinois Local Governmental Law Enforcement officer's Training Board has provided a model policy, and encourages all police agencies to view the model policy when available, especially those agencies that may not have a written policy. The written policies should reflect as well as identify the handling and custody of juveniles. The policy should reflect and identify specific areas of police facilities for processing and holding of juveniles and clearly designate those areas for all officers. Agencies within their policy should also reflect whether or not their agency is a "NO HOLD" agency.

    If secure custody is an issue, their policy should reflect secure care issues, which should also indicate the specific areas of detention.

  2. Question: Where are status offenders held?

    Reference: Illinois County Jai l Standards Section701.270(a)(2) and .Illinois Municipal Jail and Lockup Standards Section 720.150

    Illinois Juvenile Court Act 2002 Edition Section 705ILCS 405/1-4.1,

    As stated in the Illinois Department of Corrections Standards, "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 must 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 the Criminal Law".

    As outlined in the Illinois Juvenile Court Act, 705ILCS 405/1-4.1. Except for minors accused of violation of an order of the court, any minor accused of any act under federal or State Law, or a municipal ordinance that would not be illegal if committed by an adult, cannot be placed in a jail, municipal lockup, detention center or secure correctional facility. This statement is also reflected in Municipal Jail and Lockup Standards 720.150.

    There are many issues concerning secure and non-secure custody of minors. It is important to understand that status offenders may not be securely detained under any circumstances.

    Illinois law is the same as federal requirements

    Issues concerning non-secure custody requires the following five standards to be met:

    1. Any area where the juvenile is held must be an unlocked multi-purpose area, such as a lobby, office, interrogation or report writing room.
    2. In no event can the area be designed, or intended to be used for residential purposes.
    3. The juvenile must not be secured to a cuffing rail or other stationary object.
    4. The use of the area(s) is limited to providing non-secure custody only long enough for the purposes of identification, investigation, processing, release to parents or arranging transfer to an appropriate agency (juvenile facility or court).
    5. The juvenile must be under continuous supervision until release.

    It should be noted, that during inspection that the area that the juvenile status offender is held is a non secure sight and sound separate area. This area, should be designated for all officers of the department to utilize for interview.

  3. Question:  Does your agency make a reasonable attempt to notify the parent or other person legally responsible for the minor's care or the person with whom the minor resides that the minor has been taken into custody and where he or she is being held?

    Reference: Illinois Juvenile Court Ac 2002 Edition t, Section 705ILCS 405/2-6

    Duty of officer: (1) A law enforcement officer who takes a minor into custody under section 2-5 shall immediately make a reasonable attempt to notify the parent or other person legally responsible for the minor's care or the person with whom the minor resides. That the minor has been taken into custody, and where he or she is being held.

    As related in 705ILCS 405/2-8. The minor shall be immediately released to the custody of his/her parent, guardian, legal custodian, and or responsible relative, unless the probation officer or such other public officer designated by the court finds that further temporary protective custody is necessary, as provided by 705ILCS 405/2-7).

  4. Question: Are youths charged with underage drinking and possession of alcohol being securely detained?

    Reference: Illinois Juvenile Court Act 2002 Editon, Section 705ILCS 405/1-4.1.

    As stated in paragraph 4, except for minors accused of violation of an order of the court, any minor accused of an act under federal or State Law, or a Municipal ordinance that would not be illegal if committed by an adult, cannot be placed in a jail, municipal lockup, detention center, or secure correctional facility. Possession of alcohol is a status offense.

  5. Question: Are youths who are severely under the influence of alcohol and /or drugs examined by EMS/BLS and/or transported to the nearest hospital for treatment?

    Reference: Illinois Juvenile Court Act 2002 Edition; Section 705ILCS 405/4-4(1) (a)(c)

    As stated. A minor whom the officer with reasonable cause believes to bean addicted minor, or a minor who is found in any street or public place suffering from any sickness or injury which requires care, medical treatment or hospitalization a law enforcement officer may, without a warrant, take into temporary custody.

  6. Question: Does this facility securely detain juveniles?

    Reference: Illinois Juvenile Court Act 2002 Edition; Section 705ILCS 405/5-410(2)(a)(b)(c)(d)(e).

    Reference: Juvenile Justice Delinquency Prevention Policy Number 89-1201, Section: 223(a) (14)

    State law differs with Federal Requirements.

    Federal Requirements allows alleged delinquents to be detained for up to six hours for the purpose of investigation and identification. The clock starts the moment a juvenile is placed into a locked setting. This includes any locked room, or when a juvenile is cuffed to a stationary object. At the end of six hours, the juvenile must be released or transferred to a juvenile detention center. Starting in the year 2000 we began using a new interpretation of the six hour rule approved by OJJDP stating that once the clock starts, it can be stopped once the juvenile is permanently removed from the secure setting.

    Section 705ILCS 405/410. Changes the "six hour rule" to provide that no minor under 12 years of age maybe placed in a secure custody,(Confinement in a county jail or municipal lockup) for more than six hours, but a minor 12 years of age or older may be subject to secure custody for up to twelve hours, unless the offense is a "crime of violence," then he or she is subject to secure custody for up to twenty four hours. The written authorization of the probation officer constitutes authority for the superintendent of any juvenile detention home to detain and keep a minor up to 40 hours, excluding Saturdays, Sundays and court-designated holidays. 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.

    Any minor so confined shall be under periodic supervision and should not be permitted to come into or remain in contact with adults in custody in the building. 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 can exceed six hours.

Monitoring staff should encouraged secure holding facilities not to exceed 6 hours.