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

Illinois Statutes

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

Illinois § 5-401

JurisdictionIllinois

TopicRIGHTS AND REMEDIES

Ch. 705COURTS

Act 705 ILCS 405/Juvenile Court Act of 1987.

Art.Article V - Delinquent Minors

This text of Illinois § 5-401 (Arrest and taking into custody of a minor) is published on Counsel Stack Legal Research, covering Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

705 Ill. Comp. Stat. 5-401 (2026).

Text

(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 t

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(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.