GENERAL ORDER NO. 20 - Implementation of Section 5-7 of the Juvenile Court Act
A. Effective immediately, the administration of provisions contained in the Juvenile Court Act governing the detention of minors shall transfer from the Director of Pretrial Services to the Director of Probation and Court Services, or his designee who is then authorized to grant to the Superintendent of the Cook County Juvenile Temporary Detention Center the authority to detain and keep a minor pending a judicial detention hearing pursuant to Section 5-7 of the Juvenile Court Act (705 ILCS 405/5-7). No minor may be admitted to the detention center without the written authorization of a designated detention screening officer.
B. To avoid unnecessary delay, whenever a police officer reasonably believes that there is urgent and immediate necessity to keep a minor in custody or if the minor was taken into custody under a warrant, the police officer should immediately contact by telephone the designated detention screening officer and transmit by facsimile device a copy of the arrest report, youth officer's report, juvenile arrest information summary and any other documents pertinent to the juvenile to the detention screening officer located in the Intake Department of the Detention Center. Based upon the information received from the police officer and all other information available, the detention screening officer will apply a risk assessment instrument approved by the Director of Probation and Court Services to assist in determining whether there is urgent and immediate necessity to detain the minor pending a judicial detention hearing or whether non-secure custodial alternatives are appropriate for up to 36 hours pending a judicial detention hearing.
If the detention screening officer determines there is urgent and immediate necessity to detain the minor for up to 36 hours in secure detention pending a judicial hearing, the detention screening officer will transmit to the police officer via facsimile device written authorization to detain and keep the minor in the Cook County Juvenile Temporary Detention Center. Upon receipt of this authorization, the police officer shall deliver the minor to the Juvenile Temporary Detention Center.
If the detention screening officer determines that the minor shall be retained in custody but does not require physical restriction, the minor may be placed in non-secure detention for up to 36 hours pending a detention hearing. A minor placed in non-secure detention may be detained in the home of the minor's parent and shall be subject to the conditions identified by the detention screening officer.
If the detention screening officer determines that there is no urgent and immediate necessity to detain the minor, the officer will inform the police officer of this determination. The police officer may then take any action authorized by Section 5-8 of the Juvenile Court Act except delivery of the minor to the Juvenile Temporary Detention Center. If the police officer determines that a referral to Court is necessary, then the police officer shall schedule a Preliminary Conference with Probation Department Screening Department within two (2) weeks.
If the detention screening officer determines that a minor detained in the Juvenile Temporary Detention for the 36-hour period would have qualified for non-secure custody during the initial detention screening but for the absence of a parent, responsible adult or suitable detention alternative program, and a parent, responsible adult or suitable detention alternative program is located, the detention screening officer shall submit written authorization to the Superintendent of the Detention Center causing the minor to be released under conditions of home confinement pending a judicial detention hearing.
[Amended, effective September 28, 1994.]