§ 5-401 — Arrest and taking into custody of a minor

(1) A law enforcement officer may, without a warrant, (a) arrest a minor whom the officer with probable cause believes to be a delinquent minor; or (b) take into custody a minor who has been adjudged a ward of the court and has escaped from any commitment ordered by the court under this Act; or (c) take into custody a minor whom the officer reasonably believes has violated the conditions of probation or supervision ordered by the court. (2) Whenever a petition has been filed under Section 5-520 and the court finds that the conduct and behavior of the minor may endanger the health, person, welfare, or property of the minor or others or that the circumstances of the minor's home environment may endanger the minor's health, person, welfare or property, a warrant may be issued immediately to take the minor into custody. (3) Except for minors accused of violation of an order of the court, any minor accused of any act under federal or State law, or a municipal or county ordinance that would not be illegal if committed by an adult, cannot be placed in a jail, municipal lockup, detention center, or secure correctional facility. Juveniles accused with underage consumption and underage possession of alcohol or cannabis cannot be placed in a jail, municipal lockup, detention center, or correctional facility.

Legislative History

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