Processing Of Juveniles And Minors Under Department Contrl

Question 1

Juvenile Miranda Warnings to be given to juveniles __________ ___________ prior to any ____________ _____________.

Answer 1

Under 18 years of age

Custodial Interrogation

Question 2

Which custodial interrogation of juvenile arrestees taken into custody will be electronically recorded?

Answer 2

Felony offenses and misdemeanor Sex offenses

Question 3

The public defender must be notified and legal representation must be present for the custodial interrogation of a juvenile arrestee who is __________ _________ years of age and taken into custody for the following listed offenses:

Answer 3

Under 15 years of age
1. First Degree Murder 2. Intentional Homicide of an Unborn Child 3. Second Degree Murder 4. Voluntary Manslaughter and Reckless Homicide 5. Involuntary Manslaughter and Reckless Homicide. 6. Involuntary Manslaughter and Reckless Homicide of an Unborn Child. 7. Drug Induced Homicide. 8. Criminal Sexual Assault. 9. Aggravated Criminal Sexual Assault. 10. Predatory Criminal Sexual Assault of a Child. 11. Criminal Sexual Abuse. 12. Aggravated Criminal Sexual Abuse.

Question 4

The public defender’s office may represent and have access to a _____________ during a custodial interrogation. This right is not contingent upon _________/________ ___________ having given permission to a public defender to meet with a ______________.

Answer 4

Juvenile
Parent\legal guardian
Juvenile

Question 5

No juvenile under_______ years of age will be detained in secure custody in a police facility.

Answer 5

10

Question 6

No juvenile under _________ years of age will be detained in secure custody in a police facility for more than _______ hours.

Answer 6

12 years of age

6 hours

Question 7

No juvenile who is _______ years of age or older will be detained in secure custody in a police facility for more than ________ hours, unless the offense is a crime of violence in which case the minor may be detained up to _____hours

Answer 7

12 years of age or older
12 hours
24 hours

Question 8

Unless sooner released, a juvenile taken into custody must be brought before a ____________ ___________ within ________ hours for a detention or shelter care hearing to determine whether he or she shall be further ________ in custody.

Answer 8

Judicial Officer
40 hours
Held in custody

Question 9

The only situations where the 40 hour rule may be delayed are:

Answer 9

If the juvenile is hospitalized, 40 hours time period will not commence until the juvenile is released from the hospital or other place of treatment.

If the juvenile gives false information to law enforcement officials regarding his or her identity or age, the 40 hours will not commence until the court rules that the juvenile is subject to the Juvenile Court Act and not subject to prosecution under the criminal laws of this state.

Upon motion filed by counsel and granted by the court, time allowed for the juvenile’s counsel to prepare for the detention or shelter hearing will not count towards the 40 hour time period.