ILCS » Chapter 705 · Act 405
Illinois Compiled Statutes

705 ILCS 405/5-405 (2026)

Duty of officer; admissions by minor

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

    
Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 2004–2025 · leading case: People v. Patterson, 2014 IL 115102 (Ill. 2014).
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People v. Patterson, 2014 IL 115102 (Ill. 2014). · cites it 4× “ANALYSIS ¶ 35 Before this court, the State’s appeal raises two issues: (1) whether the appellate court erred in suppressing defendant’s confession by concluding that: (a) a concerned adult was not contacted pursuant to section 5-405(2) of the Juvenile Court Act of 1987 (705 ILCS…”
People v. Patterson, 2014 IL 115102 (Ill. 2015). · cites it 6× “The State specifically refutes two of the court’s findings: (1) the police did not make a sufficient effort to notify a concerned adult under section 5-405(2) (705 ILCS 405/5-405(2) (West 2008)); and (2) the youth officer improperly participated in the investigation.”
People v. Murdock, 2012 IL 112362 (Ill. 2012). · cites it 3× “¶ 83 Defendant’s principal argument regarding the motion to suppress is that he was interviewed by the police in violation of section 5-405 of the Juvenile Court Act of 1987 (705 ILCS 405/5-405 (West 2000)). That statute provides: “(2) A law enforcement officer who arrests a…”
People v. Luis R., 941 N.E.2d 136 (Ill. 2010). “For example, special obligations not applicable in adult criminal proceedings are imposed on the arresting officer (705 ILCS 405/5-405 (West 2008)), pretrial judge (705 ILCS 405/5-501 (West 2008)), the State's Attorney (705 ILCS 405/5-415(2) (West 2008)), and trial judge (705…”
People v. Patterson, 2012 IL App (1st) 101573 (Ill. App. Ct. 2012). · cites it 2× “The Juvenile Court Act provides that following an arrest of a minor, an officer must “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…”
People v. Carballido, 2011 IL App (2d) 90340 (Ill. App. Ct. 2011). “Additionally, where a young defendant is being prosecuted outside of the Juvenile Court Act of 1987 (705 ILCS 405/5-405 (West 2008)), it is proper for the court to consider the common-law “concerned adult factor” in determining the voluntariness of the defendant’s statements.”
People v. Edwards, 2017 IL App (3d) 130190-B (Ill. App. Ct. 2017). “” 705 ILCS 405/5-405(2) (West 2008). ¶ 57 We note, however, that defendant was not subject to the provisions of the Act at the time of the shooting and subsequent interrogation, where section 5-120 provided that the relevant provisions of the Act applied to minors who violated…”
People v. Edwards, 2015 IL App (3d) 130190 (Ill. App. Ct. 2015). “” 705 ILCS 405/5-405(2) (West 2008). ¶ 57 We note, however, that defendant was not subject to the provisions of the Act at the time of the shooting and subsequent interrogation, where section 5-120 provided that the relevant provisions of the Act applied to minors who violated…”
People v. McArthur, 2018 IL App (1st) 150626 (Ill. App. Ct. 2018). “” 705 ILCS 405/5-405(2) (West 2016). However, this provision applies to minors who are subject to the jurisdiction of the JCA.”
People v. Edwards, 2021 IL App (3d) 130190-C (Ill. App. Ct. 2021). “” 705 ILCS 405/5-405(2) (West 2008). ¶ 57 We note, however, that defendant was not subject to the provisions of the Act at the time of the shooting and subsequent interrogation, where section 5-120 provided that the relevant provisions of the Act applied to minors who violated…”
People v. Patterson, 2014 IL 115102 (Ill. 2014). · cites it 4× “ANALYSIS ¶ 35 Before this court, the State’s appeal raises two issues: (1) whether the appellate court erred in suppressing defendant’s confession by concluding that: (a) a concerned adult was not contacted pursuant to section 5-405(2) of the Juvenile Court Act of 1987 (705 ILCS…”
Walgren v. Heun (N.D. Ill. 2019). “While the relevant statute, 705 ILCS 405/5-405, does require an officer making a warrantless arrest of a minor to “immediately make a reasonable attempt to notify the parent,” there is nothing therein that prohibits the officer from questioning the minor before the parent’s…”
Show all 14 citing cases →
— 705 ILCS 405/5-405(2) — 9 cases
People v. Patterson, 2014 IL 115102 (Ill. 2014). “ANALYSIS ¶ 35 Before this court, the State’s appeal raises two issues: (1) whether the appellate court erred in suppressing defendant’s confession by concluding that: (a) a concerned adult was not contacted pursuant to section 5-405(2) of the Juvenile Court Act of 1987 (705 ILCS…”
People v. Patterson, 2014 IL 115102 (Ill. 2015). “The State specifically refutes two of the court’s findings: (1) the police did not make a sufficient effort to notify a concerned adult under section 5-405(2) (705 ILCS 405/5-405(2) (West 2008)); and (2) the youth officer improperly participated in the investigation.”
People v. Murdock, 2012 IL 112362 (Ill. 2012). “¶ 83 Defendant’s principal argument regarding the motion to suppress is that he was interviewed by the police in violation of section 5-405 of the Juvenile Court Act of 1987 (705 ILCS 405/5-405 (West 2000)). That statute provides: “(2) A law enforcement officer who arrests a…”
People v. Patterson, 2012 IL App (1st) 101573 (Ill. App. Ct. 2012). “The Juvenile Court Act provides that following an arrest of a minor, an officer must “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…”
People v. Edwards, 2017 IL App (3d) 130190-B (Ill. App. Ct. 2017). “” 705 ILCS 405/5-405(2) (West 2008). ¶ 57 We note, however, that defendant was not subject to the provisions of the Act at the time of the shooting and subsequent interrogation, where section 5-120 provided that the relevant provisions of the Act applied to minors who violated…”
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