Article 5, Part 4 � Arrest and custody (705 ILCS 405/Article V, Part 4)

A. Arrest and taking into custody of a minor (705 ILCS 405/5-401):

A law enforcement officer may, without a warrant, do the following:

1. Arrest a minor whom the officer has probable cause to believe is a delinquent minor.


2. Take a minor into custody who has been adjudged a ward of the court and has escaped from a commitment ordered by the court.


3. Take a minor into custody when the officer reasonably believes the minor has violated conditions of probation or supervision ordered by the court.

Whenever a petition has been filed and the court finds that the conduct and behavior of the minor may endanger his or her own or the community�s health, safety or welfare, a warrant may be issued immediately to take the minor into custody. These juvenile arrest warrants will not have bond amounts attached to them and the location listed on the warrant is the location to which the minor should be transported for detention. The minor�s time in custody, prior to being brought before court, must not exceed the limits set forth in the Act.

Except for minors accused of violations of court orders, any minor who commits a status offense cannot be placed in a jail, municipal lock up, detention center, or secure correctional facility.

It is important to remember that status offenses are those offenses that would not be illegal if committed by an adult. Status offenses include, but are not limited to, the following:

1. Underage possession or consumption of alcohol


2. Underage possession or consumption of cannabis


3. Curfew violations


4. Truancy


5. Possession of tobacco


6. Being absent from home without consent (runaway)


7. Being beyond the control of a parent or guardian

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