Article 5, Part 4 – Arrest and custody (705 ILCS 405/Article V, Part 4)
G. Detention summary:
It is highly recommended that the following guidelines be committed to memory:
- A minor under 10 is never to be placed in detention for a delinquent offense.
- Minors aged 10 to 11 may be detained up to 6 hours, regardless of the offense
- Minors aged 12 to 16 may be detained up to 12 hours, unless the delinquent offense was a crime of violence. If so, minors can be held up to 24 hours.
- A minor can never be placed in detention for committing only a status offense.
Consider the following examples:
| Offense | Age of Minor | Able to detain? | How long? |
| Retail theft | 12 | Yes | up to 12 hrs |
| Criminal damage | 9 | No | Never |
| Burglary | 15 | Yes | up to 12 hrs |
| Truancy | 14 | No | Never |
| Drinking alcohol | 15 | No | Never |
| Curfew | 16 | No | Never |
| Theft | 13 | Yes | up to 12 hrs |
| Battery | 11 | Yes | up to 6 hrs |
| Agg. Sex. Assault | 15 | Yes | up to 24 hrs |
