Question: Has an inspection of the juvenile detention log been completed?
Reference: Illinois Department of Corrections County Jail Standards; Section 701.40 k) and Illinois Municipal Jail and Lockup Standards Section 720.120 a) b0 Illinois Juvenile Court Act 2002 Edition; Section 705ILCS 405/5-410©(1v)
States that a record or records for each detainee shall be established at the admission and maintained through out the period of confinement. As stated in Illinois Municipal Jail and Lock-Up Standards, 720.130, the Chief of Police or other responsible supervisor designated by him, shall furnish monthly reports to the Jail and Detention Standards Unit utilizing appropriate forms supplied by the Illinois Department of Corrections. This report will include the total number of Juveniles male and female detained during the month. The report shall include pertinent information, shall be submitted by the tenth day following each month and shall include only those persons securely detained.
Monitors should check monthly reports against admission records to determine accuracy of reports.
Question: Does the facility have a current written policy reflecting the handling of juveniles who are delinquent 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 2002 Edition). As outlined in 705ILCS 405/1-2, when a juvenile is placed in custody it should be necessary to provide care and guidance as well as to serve the moral, emotional, mental, and physical welfare of the minor and 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, thru their policy should also reflect whether or not their agency is a "NO HOLD" agency.
Question: Are juveniles who are securely detained:
Detained sight separate from adult offenders?
Detained sound separate from adult offenders?
Reference: Illinois County Jail Standards Section 701.270 and Illinois Municipal Jail and Lockup Standards Section 720.150 Illinois Juvenile Court Act 2002 Edition Section 405/5-410
As stated in the referenced standards and statute minors under 17 may be detained temporarily in a room not cell in a county jail where the place of confinement is a separate floor or section which insures complete and effective isolation from any contact with adult prisoners. Furthermore, minors under 17 may be confined in cells or rooms in a jail a place ordinarily used for confinement of prisoners at a county jail, but these cells or rooms for the minors must be separate and distinct from the cells or rooms which adults are confined. It must be noted that separate and distinct means no visual or auditory contact.
Question: Are securely detained male and female juveniles housed?
Sight separate from one another?
Sound separate from one another?
Reference: Illinois Municipal Jail and Lockup Standards Section 720.50 a)1) and Illinois County Jail Standards Section 701.70b)1),
As stated, in the Illinois Municipal Jail and Lockup Standards, male and female detainees shall be completely segregated. Quarters for males and females shall be located so that physical, visual and auditory contact between the sexes is prevented.
Question: Are juvenile offenders under 16 years of age who are being securely detained, housed in a:
Reference: Illinois County Jail Standards Section 701.270 Illinois Municipal Jail and Lockup Standards Section 720.150 Illinois Juvenile Court Act 2002 Edition Section 405/5-410
Minors under 17 may be detained temporarily in a room, not a cell, in a county jail or the place of confinement is a separate floor or section, which insures a complete and effective isolation from any contact with any adult prisoners.
Question: Do only female employees provide supervision of female detainees at appropriate times?
Physical contact or body searches
Showers, baths, toileting and related activities.
Reference: Illinois Municipal Jail and Lockup Standards Section 720.150 b)6)A)B), Illinois County Jail Standards Section 701.270 b)6)A)B)
Detainees shall under the following conditions, be provided with supervision by a person of the same sex, When following established procedures which require physical contact or examination such as body searches, during periods of personal hygiene activities and care such as showers, toileting and related activities. Subsection (b)(6) does not prohibit the use of necessary force by a staff member of a sex other than that of a detainee.
Question: Are securely detained youths being monitored every 15 minutes?
Reference: County Jail Standards Section 701.270 b)8) Illinois Municipal Jail and Lockup Standards Section 720.150b)8).
A periodic visual check of juveniles confined shall be made by personal observation, not including observation by a monitoring device. Periodic is defined to be a minimum of at least once every 15 minutes for the first 6 hours of detention and at least once every 30 minutes thereafter. Any minor subjected to segregation or isolation shall be visually checked at least every 15 minutes.
Question: Are the 15 minute checks being recorded?
Reference: Illinois County Jail Standards Section 701.270 b)9 A)B)C)
Visual checks shall be recorded by a mechanical device or logged in ink indicating,
- Time of Check;
- Signature of Person Responsible; and
- Any relevant remarks.
Question: Are youths being securely detained longer than 6 hours?
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 hour.
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..
County jails may hold minors 12 years old or older up to 12hours, 40hours and up to 7 days.
Minors being held over 6 hours are violations of the Federal Requirements.
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 encourage secure holding facilities not to exceed 6 hours.