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Illinois Compiled Statutes

705 ILCS 405/5-401 (2026)

Arrest and taking into custody of a minor

✓ current as of May 2026
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(705 ILCS 405/5-401)
    Sec. 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.
(Source: P.A. 103-22, eff. 8-8-23.)

    
Notes of Decisions
Cited in 6 cases, 2002–2020 · leading case: In re Shelby R.
Sort: Relevance Newest Treatment
In re Shelby R. (2013) Ill. · cites it 4× “See 705 ILCS 405/5-401 through 5-415 (West 2010).”
In re: Shelby R. (2012) Ill. App. Ct. · cites it 4× “Respondent acknowledges section 5-401(3) expressly concerns preadjudicatory proceedings under article V, part 4, of the Juvenile Act (705 ILCS 405/5-401 to 5-415 (West 2010)) but further asserts nothing limits its scope from applying to sentencing proceedings under article V,…”
In re Shelby R. (2013) Ill. · cites it 3× “See 705 ILCS 405/5-401(3), 5-401.5(e) (West 2010).”
City of Urbana v. Andrew N.B. (2004) Ill. “1 (West 2002) ("any minor accused of any act under federal or State law, or a municipal 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"); 705 ILCS 405/5-401 (West 2002).…”
In re Mathias H. (2020) Ill. App. Ct. “See 705 ILCS 405/5-401, 5-401.5, 5-415, 5-505 (West 2018).”
In Re CJ (2002) Ill. App. Ct. “See 705 ILCS 405/5-401, 5-405(1), (2) (West 1998).”
— 705 ILCS 405/5-401(3) — 3 cases
In re Shelby R. (2013) Ill. “See 705 ILCS 405/5-401 through 5-415 (West 2010).”
In re: Shelby R. (2012) Ill. App. Ct. “Respondent acknowledges section 5-401(3) expressly concerns preadjudicatory proceedings under article V, part 4, of the Juvenile Act (705 ILCS 405/5-401 to 5-415 (West 2010)) but further asserts nothing limits its scope from applying to sentencing proceedings under article V,…”
In re Shelby R. (2013) Ill. “See 705 ILCS 405/5-401(3), 5-401.5(e) (West 2010).”
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