§ 5-405 — Duty of officer; admissions by minor

(1) A law enforcement officer who arrests a minor 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 arrested and where the minor is being held. 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. (2) A law enforcement officer who arrests a minor without a warrant under Section 5-401 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 arrested 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 these 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. If a minor is taken into custody for an offense which would be a misdemeanor if committed by an adult, the law enforcement officer, 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 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 and release of the minor; (b) release the minor to the minor's parents and refer the case to Juvenile Court; (c) 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; (d) any other appropriate action with consent of the minor or a parent. (4) The factors to be considered in determining whether to release or keep a minor in custody shall include: (a) the nature of the allegations against the minor; (b) the minor's history and present situation; (c) the history of the minor's family and the family's present situation; (d) the educational and employment status of the minor; (e) the availability of special resource or community services to aid or counsel the minor; (f) the minor's past involvement with and progress in social programs; (g) the attitude of complainant and community toward the minor; and (h) the present attitude of the minor and family. (5) The records of law enforcement officers concerning all minors taken into custody under this Act shall be maintained separate from the records of arrests of adults and may not be inspected by or disclosed to the public except pursuant to Section 5-901 and Section 5-905.

Legislative History

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