§ 3-8 — Duty of officer; admissions by minor

(1) A law enforcement officer who takes a minor into custody with a warrant shall immediately make a reasonable attempt to notify the parent or other person legally responsible for the minor's care or the person with whom the minor resides that the minor has been taken into custody and where the minor is being held; and the officer shall without unnecessary delay take the minor to the nearest juvenile police officer designated for such purposes in the county of venue or shall surrender the minor to a juvenile police officer in the city or village where the offense is alleged to have been committed. The minor shall be delivered without unnecessary delay to the court or to the place designated by rule or order of court for the reception of minors. The court may not designate a place of detention for the reception of minors, unless the minor is alleged to be a person described in subsection (3) of Section 5-105. (2) A law enforcement officer who takes a minor into custody without a warrant under Section 3-7 shall, if the minor is not released, immediately make a reasonable attempt to notify the parent or other person legally responsible for the minor's care or the person with whom the minor resides that the minor has been taken into custody and where the minor is being held; and the law enforcement officer shall without unnecessary delay take the minor to the nearest juvenile police officer designated for such purposes in the county of venue or shall surrender the minor to a juvenile police officer in the city or village where the offense is alleged to have been committed, or upon determining the true identity of the minor, may release the minor to the parent or other person legally responsible for the minor's care or the person with whom the minor resides, if the minor is taken into custody for an offense which would be a misdemeanor if committed by an adult. If a minor is so released, the law enforcement officer shall promptly notify a juvenile police officer of the circumstances of the custody and release. (3) The juvenile police officer may take one of the following actions: (a) station adjustment with release of the minor; (b) station adjustment with release of the minor to a parent; (c) station adjustment, release of the minor to a parent, and referral of the case to community services; (d) station adjustment, release of the minor to a parent, and referral of the case to community services with informal monitoring by a juvenile police officer; (e) station adjustment and release of the minor to a third person pursuant to agreement of the minor and parents; (f) station adjustment, release of the minor to a third person pursuant to agreement of the minor and parents, and referral of the case to community services; (g) station adjustment, release of the minor to a third person pursuant to agreement of the minor and parent, and referral to community services with informal monitoring by a juvenile police officer; (h) release of the minor to the minor's parents and referral of the case to a county juvenile probation officer or such other public officer designated by the court; (i) release of the minor to school officials of the minor's school during regular school hours; (j) if the juvenile police officer reasonably believes that there is an urgent and immediate necessity to keep the minor in custody, the juvenile police officer shall deliver the minor without unnecessary delay to the court or to the place designated by rule or order of court for the reception of minors; and (k) any other appropriate action with consent of the minor and a parent.

Legislative History

(Source: P.A. 103-22, eff. 8-8-23.)