Article 5, Part 4 – Arrest and custody (705 ILCS 405/Article V, Part 4)
D. Processing of juvenile in possession of a firearm (705 ILCS 405/5-407):
In response to events that have occurred in other parts of the state and the nation, Illinois courts have made it clear that juveniles bringing guns into school will be handled swiftly and appropriately. Firearm possession offenses do not allow juvenile police officers any discretion in determining the disposition of such cases.
If a law enforcement officer detains a minor pursuant to Section 10-27. 1A of the School Code (possession of a firearm in a school), the officer shall deliver the minor to the nearest juvenile police officer. The juvenile police officer will then deliver the minor, without unnecessary delay, to the court or to the place designated by the rule of the court for the reception of minors. In no event shall the minor be eligible for any other disposition by a juvenile police officer.
Minors will be brought before a judicial officer within 40 hours, exclusive of Saturdays, Sundays, and court-designated holidays, for a detention hearing. If, at that time, the court decides there is probable cause to believe that the minor is delinquent by the virtue of his or her violation of item (4) of subsection (a) of Section 24-1 of the Criminal Code while on school grounds, that finding shall created a presumption that immediate and urgent necessity exists.
Should the court order detention pursuant to this Section, the minor will be detained, pending the results of a court-ordered psychological evaluation to determine if the minor is a risk to himself, herself, or others.
