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New Illinois Bill Could Give Juveniles Quicker Detention Hearings

May 25th, 2016 at 8:44 am

Illinois detention hearings, Rolling Meadows Juvenile Matters LawyerJuveniles are just children or teenagers; they make poor choices from time to time, and they make mistakes. When young people are involved in minor crime, and arrested for it, their detention by police can place a terrible burden on the juvenile and his or her family. For the juvenile’s family, there is a sense of uncertainty and worry until a judge reviews the juvenile’s case. For the juvenile, detention can mean being locked up for a long period of time away from people he or she knows and loves.

Children and teens need love and support when they are in trouble, and isolating them away to wait for the review of their case can be stressful. Moreover, detaining teens for extended periods of time can be detrimental to their well-being. It can cause them to panic, worry, and fret incessantly. Detention can trigger severe emotional and psychological reactions, especially if the juvenile is generally a good kid who made a silly mistake, or foolishly listened to the bad advice or goading of his or her friends, which landed him or her in juvenile detention. It is unfair and unjust to unnecessarily force juveniles to be detained any longer than is absolutely necessary. Juveniles should be rejoined with their families and loved ones as quickly as possible.

Current Illinois Law Concerning Juvenile Detention Hearings

Under current Illinois law, 705 ILCS 405/5-415, juveniles may be detained for up to 40 hours before they are granted a detention hearing. That 40-hour time frame does not include weekends or court-recognized holidays. So, in effect, a juvenile could be detained for up to five days, given that an arrest was made on a Friday, and the juvenile is detained over a holiday weekend. In such a case, the earliest a juvenile could be granted a detention hearing is on the next Tuesday morning. Over 1,000 juveniles are detained for suspected criminal activity each year in Illinois, and approximately 25 percent of these juvenile detentions occur over a weekend.

Fortunately, the Illinois Senate is considering a bill that would expedite detention hearings for juveniles who commit minor, nonviolent crimes. Under the proposed bill, HB5619, juveniles charged with minor offenses would receive a detention hearing within 24 hours of being charged. This time period for review of the juvenile’s case would include holidays and weekends so that juveniles would not possibly be detained over a weekend or holiday. The House of Representatives has already approved the bill.

When Juveniles Need Legal Representation

Individuals who face criminal charges, no matter how severe and no matter what their age is, should consult with an experienced criminal defense lawyer. The consequences of a conviction, even as a juvenile, can have serious long-term consequences. If you have a juvenile who is in need of legal representation, please do not hesitate to contact a compassionate Rolling Meadows juvenile defense lawyer at our office. We are happy to help you today.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=070504050K5-415

http://ilga.gov/legislation/99/HB/PDF/09900HB5619lv.pdf

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