Article 5, Part 5 - Pre-trial proceedings (705 ILCS 405/Article V, Part 5)
This unit will provide students with the information needed to explain the components of shelter care and detention hearings and identify the difference between the two. Requirements for holding a minor in detention will be examined, as will conditions the court may impose, including restraining orders.
Detention Hearings will be held within 40-hours, exclusive of Saturdays, Sundays and holidays. Some counties may expedite their detention hearings, such as Cook County, Illinois who holds juvenile detention hearings every day of the year.
A. Detention or shelter care hearings (705 ILCS 405/5-501):
At the appearance of the minor before the court at the detention or shelter care hearing, the court will receive all relevant information and evidence, including affidavits concerning the allegations made in the petition.
- If the court finds there is no probable cause to believe a minor is a delinquent minor, it shall order the release of the minor and dismiss the petition.
- If the court finds that there is probable cause to believe the minor is a delinquent minor, the court will decide whether or not it is a a matter of immediate and urgent necessity for the protection of the minor, or of the person or property of another, or if the minor represents a flight risk, then he or she may be detained and placed in a shelter care or detention facility pending trial. Upon this determination, the proceeding becomes a detention hearing.
