(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.

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Illinois Compiled Statutes 705 ILCS 405/5-405

  • Court: means the circuit court in a session or
    
division assigned to hear proceedings under this Act, and includes the term Juvenile Court. See Illinois Compiled Statutes 705 ILCS 405/5-105
  • Juvenile police officer: means a sworn police
  •     
    officer who has completed a Basic Recruit Training Course, has been assigned to the position of juvenile police officer by the officer's chief law enforcement officer and has completed the necessary juvenile officers training as prescribed by the Illinois Law Enforcement Training Standards Board, or in the case of a State police officer, juvenile officer training approved by the Director of the Illinois State Police. See Illinois Compiled Statutes 705 ILCS 405/5-105
  • Minor: means a person under the age of 21 years
  •     
    subject to this Act. See Illinois Compiled Statutes 705 ILCS 405/5-105
  • Station adjustment: means the informal or
  •     
    formal handling of an alleged offender by a juvenile police officer. See Illinois Compiled Statutes 705 ILCS 405/5-105
  • Venue: The geographical location in which a case is tried.

  •      (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.