Article 5, Part 4 – Arrest and custody (705 ILCS 405/Article V, Part 4)
E. Non-secure custody or detention (705 ILCS 405/5-410):
Law enforcement officers should review their own agency policy and procedures in utilizing the detention of juvenile delinquents. An agency may make it more restrictive than the statute. One area may in the length of detention.
Any minor arrested or taken into custody who requires care away from his or her home but who does not require physical restriction shall be given temporary care in a foster family home or other shelter facility.
Any minor 10 years of age or older arrested pursuant to this Act where there is probable cause to believe the minor is a delinquent minor and...
- For whom secured custody is a matter of immediate and urgent necessity for the protection of the minor or the person or property of another; or,
- The minor is likely to flee the jurisdiction; or,
- The minor was taken into custody under a warrant…may be kept or detained in authorized detention facility.
No minor under 12 years of age can be detained in a county jail or municipal lock-up for more than 6 hours.
No minor aged 12 or over can be detained in a county jail or a municipal lock-up for more than 12 hours.
A minor aged 12 or over who has been accused of an offense considered a “crime of violence” may be detained for up to 24 hours. For the purposes of this section, a “crime of violence” will be defined as one of the following, per Section 1-10 of the Alcoholism and Other Drug Abuse and Dependency Act (20 ILCS 301/1-10):
- Treason
- Murder
- Voluntary manslaughter
- Criminal sexual assault
- Aggravated criminal sexual assault
- Predatory criminal sexual assault of a child
- Robbery
- Armed robbery
- Arson
- Kidnapping
- Aggravated battery
- Aggravated arson
- Any other felony which involves the use or threat of physical force or violence against another individual
