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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CORRECTIONS (730 ILCS 5/) Unified Code of Corrections. 730 ILCS 5/3-2.5-40 (730 ILCS 5/3-2.5-40)
Sec. 3-2.5-40. Transfer of personnel. (a) Personnel employed by the school district of the Department of Corrections who work with youth under the age of 21 and personnel employed by the Juvenile Division of the Department of Corrections immediately preceding the effective date of this amendatory Act of the 94th General Assembly are transferred to the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly.
(b) The rights of State employees, the State, and its agencies under the Personnel Code and applicable collective bargaining agreements and retirement plans are not affected by this Article. Any rights of State employees affected by this Article shall be governed by the existing collective bargaining agreements.
(Source: P.A. 94-696, eff. 6-1-06 .) |
730 ILCS 5/3-2.5-40.1 (730 ILCS 5/3-2.5-40.1) Sec. 3-2.5-40.1. Training. The Department shall design training for its personnel and shall enter into agreements with the Department of Corrections or other State agencies and through them, if necessary, public and private colleges and universities, or private organizations to ensure that staff are trained to work with a broad range of youth and possess the skills necessary to assess, engage, educate, and intervene with youth in its custody in ways that are appropriate to ensure successful outcomes for those youth and their families pursuant to the mission of the Department. The training for Department personnel shall include courses in restorative practices. In this Section, "restorative practices" means programs and activities based on a philosophical framework that emphasizes the need to repair harm through a process of mediation and peace circles in order to promote empowerment and reparation. The Department may adopt rules to implement the training, including the length and frequency of the courses and the curriculum for the courses.
(Source: P.A. 100-157, eff. 1-1-18 .) |
730 ILCS 5/3-2.5-45 (730 ILCS 5/3-2.5-45)
Sec. 3-2.5-45. Transfer of property. All books, records, documents, property (real and personal), unexpended appropriations, and pending business pertaining to the rights, powers, duties, and functions transferred to the Department of Juvenile Justice under this Article shall be transferred and delivered to the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly.
(Source: P.A. 94-696, eff. 6-1-06 .) |
730 ILCS 5/3-2.5-50 (730 ILCS 5/3-2.5-50)
Sec. 3-2.5-50. Rules and standards. (a) The rules and standards of the Juvenile Division of the Department of Corrections that are in effect immediately prior to the effective date of this amendatory Act of the 94th General Assembly and pertain to the rights, powers, duties, and functions transferred to the Department of Juvenile Justice under this Article shall become the rules and standards of the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly and shall continue in effect until amended or repealed by the Department. (b) Any rules pertaining to the rights, powers, duties, and functions transferred to the Department under this Article that have been proposed by the Juvenile Division of the Department of Corrections but have not taken effect or been finally adopted immediately prior to the effective date of this amendatory Act of the 94th General Assembly shall become proposed rules of the Department of Juvenile Justice on the effective date of this amendatory Act of the 94th General Assembly, and any rulemaking procedures that have already been completed by the Juvenile Division of the Department of Corrections for those proposed rules need not be repeated. (c) As soon as practical after the effective date of this amendatory Act of the 94th General Assembly, the Department of Juvenile Justice shall revise and clarify the rules transferred to it under this Article to reflect the reorganization of rights, powers, duties, and functions effected by this Article using the procedures for recodification of rules available under the Illinois Administrative Procedure Act, except that existing title, part, and section numbering for the affected rules may be retained. The Department may propose and adopt under the Illinois Administrative Procedure Act such other rules as may be necessary to consolidate and clarify the rules of the agency reorganized by this Article.
(Source: P.A. 94-696, eff. 6-1-06 .) |
730 ILCS 5/3-2.5-60 (730 ILCS 5/3-2.5-60)
Sec. 3-2.5-60. Savings provisions. (a) The rights, powers, duties, and functions transferred to the Department of Juvenile Justice by this Article shall be vested in and exercised by the Department subject to the provisions of this Article. An act done by the Department of an officer, employee, or agent of the Department in the exercise of the transferred rights, powers, duties, or functions shall have the same legal effect as if done by the Juvenile Division of the Department of Corrections or an officer, employee, or agent of the Juvenile Division of the Department of Corrections. (b) The transfer of rights, powers, duties, and functions to the Department of Juvenile Justice under this Article does not invalidate any previous action taken by or in respect to the Juvenile Division of the Department of Corrections or its officers, employees, or agents. References to the Juvenile Division of the Department of Corrections or its officers, employees, or agents in any document, contract, agreement, or law shall in appropriate contexts, be deemed to refer to the Department or its officers, employees, or agents. (c) The transfer of rights, powers, duties, and functions to the Department of Juvenile Justice under this Article does not affect any person's rights, obligations, or duties, including any civil or criminal penalties applicable thereto, arising out of those transferred rights, powers, duties, and functions. (d) With respect to matters that pertain to a right, power, duty, or function transferred to the Department of Juvenile Justice under this Article: (1) Beginning on the effective date of this | | amendatory Act of the 94th General Assembly, a report or notice that was previously required to be made or given by any person to the Juvenile Division of the Department of Corrections or any of its officers, employees, or agents shall be made or given in the same manner to the Department or its appropriate officer, employee, or agent.
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| (2) Beginning on the effective date of this
| | amendatory Act of the 94th General Assembly, a document that was previously required to be furnished or served by any person to or upon the Juvenile Division of the Department of Corrections or any of its officers, employees, or agents shall be furnished or served in the same manner to or upon the Department of Juvenile Justice or its appropriate officer, employee, or agent.
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| (e) This Article does not affect any act done, ratified, or cancelled, any right occurring or established, or any action or proceeding had or commenced in an administrative, civil, or criminal cause before the effective date of this amendatory Act of the 94th General Assembly. Any such action or proceeding that pertains to a right, power, duty, or function transferred to the Department of Juvenile Justice under this Article and that is pending on that date may be prosecuted, defended, or continued by the Department of Juvenile Justice.
(Source: P.A. 94-696, eff. 6-1-06 .)
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730 ILCS 5/3-2.5-61 (730 ILCS 5/3-2.5-61) Sec. 3-2.5-61. Annual and other reports. (a) The Director shall make an annual electronic report to the Governor and General Assembly concerning persons committed to the Department, its institutions, facilities, and programs, of all moneys expended and received, and on what accounts expended and received no later than January 1 of each year. The report shall include the ethnic and racial background data, not identifiable to an individual, of all persons committed to the Department, its institutions, facilities, programs, and outcome measures established with the Juvenile Advisory Board. (b) The Department of Juvenile Justice shall, by January 1, April 1, July 1, and October 1 of each year, electronically transmit to the Governor and General Assembly, a report which shall include the following information: (1) the number of youth in each of the Department's | | facilities and the number of youth on aftercare;
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| (2) the demographics of sex, age, race and ethnicity,
| | classification of offense, and geographic location where the offense occurred;
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| (3) the educational and vocational programs provided
| | at each facility and the number of residents participating in each program;
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| (4) the present capacity levels in each facility;
(5) staff-to-youth ratios in accordance with the
| | federal Prison Rape Elimination Act (PREA) definitions;
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| (6) the number of reported assaults on staff at each
| | (7) the number of reported incidents of youth sexual
| | aggression towards staff at each facility including sexual assault, residents exposing themselves, sexual touching, and sexually offensive harassing language such as repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature; and
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| (8) the number of staff injuries resulting from youth
| | violence at each facility including descriptions of the nature and location of the injuries, the number of staff injuries requiring medical treatment at the facility, the number of staff injuries requiring outside medical treatment and the number of days off work per injury. For purposes of this Section, the definition of assault on staff includes, but is not limited to, kicking, punching, knocking down, harming or threatening to harm with improvised weapons, or throwing urine or feces at staff.
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| (c) The requirements in subsection (b) do not relieve the Department from the recordkeeping requirements of the Occupational Safety and Health Act.
(d) The Department shall:
(1) establish a reasonable procedure for employees
| | to report work-related assaults and injuries. A procedure is not reasonable if it would deter or discourage a reasonable employee from accurately reporting a workplace assault or injury;
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| (2) inform each employee:
(A) of the procedure for reporting work-related
| | (B) of the right to report work-related assaults
| | (C) that the Department is prohibited from
| | discharging or in any manner discriminating against employees for reporting work-related assaults and injuries; and
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| (3) not discharge, discipline or in any manner
| | discriminate against any employee for reporting a work-related assault or injury.
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(e) For the purposes of paragraphs (7) and (8) of subsection (b) only, reports shall be filed beginning July 1, 2019 or the implementation of the Department's Offender 360 Program, whichever occurs first.
(Source: P.A. 100-1075, eff. 1-1-19; 101-159, eff. 1-1-20 .)
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730 ILCS 5/3-2.5-65 (730 ILCS 5/3-2.5-65) Sec. 3-2.5-65. Juvenile Advisory Board. (a) There is created a Juvenile Advisory Board composed of 11 persons, appointed by the Governor to advise the Director on matters pertaining to juvenile offenders. The members of the Board shall be qualified for their positions by demonstrated interest in and knowledge of juvenile correctional work consistent with the definition of purpose and mission of the Department in Section 3-2.5-5 and shall not be officials of the State in any other capacity. The members under this amendatory Act of the 94th General Assembly shall be appointed as soon as possible after the effective date of this amendatory Act of the 94th General Assembly and be appointed to staggered terms 3 each expiring in 2007, 2008, and 2009 and 2 of the members' terms expiring in 2010. Thereafter all members will serve for a term of 6 years, except that members shall continue to serve until their replacements are appointed. Any vacancy occurring shall be filled in the same manner for the remainder of the term. The Director of Juvenile Justice shall be an ex officio member of the Board. The Board shall elect a chair from among its appointed members. The Director shall serve as secretary of the Board. Members of the Board shall serve without compensation but shall be reimbursed for expenses necessarily incurred in the performance of their duties. The Board shall meet quarterly and at other times at the call of the chair. (b) The Board shall: (1) Advise the Director concerning policy matters and | | programs of the Department with regard to the custody, care, study, discipline, training, and treatment of juveniles in the State juvenile correctional institutions and for the care and supervision of juveniles on aftercare release.
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| (2) Establish, with the Director and in conjunction
| | with the Office of the Governor, outcome measures for the Department in order to ascertain that it is successfully fulfilling the mission mandated in Section 3-2.5-5 of this Code. The annual results of the Department's work as defined by those measures shall be included in an annual report transmitted to the Governor and General Assembly by the Director.
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(Source: P.A. 98-558, eff. 1-1-14; 99-255, eff. 1-1-16 .)
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730 ILCS 5/3-2.5-70 (730 ILCS 5/3-2.5-70) Sec. 3-2.5-70. Aftercare. (a) The Department shall implement an aftercare program that includes, at a minimum, the following program elements: (1) A process for developing and implementing a case | | management plan for timely and successful reentry into the community beginning upon commitment.
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| (2) A process for reviewing committed youth for
| | recommendation for aftercare release.
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| (3) Supervision in accordance with the conditions set
| | by the Department or Prisoner Review Board and referral to and facilitation of community-based services including education, social and mental health services, substance abuse treatment, employment and vocational training, individual and family counseling, financial counseling, and other services as appropriate; and assistance in locating appropriate residential placement and obtaining suitable employment. The Department may purchase necessary services for a releasee if they are otherwise unavailable and the releasee is unable to pay for the services. It may assess all or part of the costs of these services to a releasee in accordance with his or her ability to pay for the services.
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| (4) Standards for sanctioning violations of
| | conditions of aftercare release that ensure that juvenile offenders face uniform and consistent consequences that hold them accountable taking into account aggravating and mitigating factors and prioritizing public safety.
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| (5) A process for reviewing youth on aftercare
| | (b) The Department of Juvenile Justice shall have the following rights, powers, functions, and duties:
(1) To investigate alleged violations of an aftercare
| | releasee's conditions of release; and for this purpose it may issue subpoenas and compel the attendance of witnesses and the production of documents only if there is reason to believe that the procedures would provide evidence that the violations have occurred. If any person fails to obey a subpoena issued under this subsection, the Director may apply to any circuit court to secure compliance with the subpoena. The failure to comply with the order of the court issued in response thereto shall be punishable as contempt of court.
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| (2) To issue a violation warrant for the apprehension
| | of an aftercare releasee for violations of the conditions of aftercare release. Aftercare specialists and supervisors have the full power of peace officers in the retaking of any youth alleged to have violated the conditions of aftercare release.
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| (c) The Department of Juvenile Justice shall designate aftercare specialists qualified in juvenile matters to perform case management and post-release programming functions under this Section.
(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17 .)
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730 ILCS 5/3-2.5-75 (730 ILCS 5/3-2.5-75) Sec. 3-2.5-75. Release from Department of Juvenile Justice. (a) Upon release of a youth on aftercare, the Department shall return all property held for the youth, provide the youth with suitable clothing, and procure necessary transportation for the youth to his or her designated place of residence and employment. It may provide the youth with a grant of money for travel and expenses which may be paid in installments. The amount of the money grant shall be determined by the Department. (b) Before a wrongfully imprisoned person, as defined in Section 3-1-2 of this Code, is discharged from the Department, the Department shall provide him or her with any documents necessary after discharge. (c) The Department of Juvenile Justice may establish and maintain, in any institution it administers, revolving funds to be known as "Travel and Allowances Revolving Funds". These revolving funds shall be used for advancing travel and expense allowances to committed, released, and discharged youth. The moneys paid into these revolving funds shall be from appropriations to the Department for committed, released, and discharged prisoners. (d) Upon the release of a youth on aftercare, the Department shall provide that youth with information concerning programs and services of the Department of Public Health to ascertain whether that youth has been exposed to the human immunodeficiency virus (HIV) or any identified causative agent of Acquired Immunodeficiency Syndrome (AIDS). (e) Upon the release of a youth on aftercare or who has been wrongfully imprisoned, the Department shall verify the youth's full name, date of birth, and social security number. If verification is made by the Department by obtaining a certified copy of the youth's birth certificate and the youth's social security card or other documents authorized by the Secretary, the Department shall provide the birth certificate and social security card or other documents authorized by the Secretary to the youth. If verification is done by means other than obtaining a certified copy of the youth's birth certificate and the youth's social security card or other documents authorized by the Secretary, the Department shall complete a verification form, prescribed by the Secretary of State and shall provide that verification form to the youth.
(Source: P.A. 98-558, eff. 1-1-14; 98-685, eff. 1-1-15; 99-907, eff. 7-1-17 .) |
730 ILCS 5/3-2.5-80 (730 ILCS 5/3-2.5-80) Sec. 3-2.5-80. Supervision on aftercare release. (a) The Department shall retain custody of all youth placed on aftercare release or released under Section 3-2.5-85 or 3-3-10 of this Code. The Department shall supervise those youth during their aftercare release period in accordance with the conditions set by the Department or Prisoner Review Board. (b) A copy of youth's conditions of aftercare release shall be signed by the youth and given to the youth and to his or her aftercare specialist who shall report on the youth's progress under the rules of the Department. Aftercare specialists and supervisors shall have the full power of peace officers in the retaking of any releasee who has allegedly violated his or her aftercare release conditions. The aftercare specialist may request the Department of Juvenile Justice to issue a warrant for the arrest of any releasee who has allegedly violated his or her aftercare release conditions. (c) The aftercare supervisor shall request the Department of Juvenile Justice to issue an aftercare release violation warrant, and the Department of Juvenile Justice shall issue an aftercare release violation warrant, under the following circumstances: (1) if the releasee has a subsequent delinquency | | petition filed against him or her alleging commission of an act that constitutes a felony using a firearm or knife;
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| (2) if the releasee is required to and fails to
| | comply with the requirements of the Sex Offender Registration Act;
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| (3) (blank); or
(4) if the releasee is on aftercare release for a
| | murder, a Class X felony or a Class 1 felony violation of the Criminal Code of 2012, or any felony that requires registration as a sex offender under the Sex Offender Registration Act and a subsequent delinquency petition is filed against him or her alleging commission of an act that constitutes first degree murder, a Class X felony, a Class 1 felony, a Class 2 felony, or a Class 3 felony.
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| Personnel designated by the Department of Juvenile Justice or another peace officer may detain an alleged aftercare release violator until a warrant for his or her return to the Department of Juvenile Justice can be issued. The releasee may be delivered to any secure place until he or she can be transported to the Department of Juvenile Justice. The aftercare specialist or the Department of Juvenile Justice shall file a violation report with notice of charges with the Department.
(d) The aftercare specialist shall regularly advise and consult with the releasee and assist the youth in adjusting to community life in accord with this Section.
(e) If the aftercare releasee has been convicted of a sex offense as defined in the Sex Offender Management Board Act, the aftercare specialist shall periodically, but not less than once a month, verify that the releasee is in compliance with paragraph (7.6) of subsection (a) of Section 3-3-7.
(f) The aftercare specialist shall keep those records as the Department may require. All records shall be entered in the master file of the youth.
(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16; 99-628, eff. 1-1-17 .)
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730 ILCS 5/3-2.5-85 (730 ILCS 5/3-2.5-85) Sec. 3-2.5-85. Eligibility for release; determination. (a) Every youth committed to the Department of Juvenile Justice under Section 5-750 of the Juvenile Court Act of 1987, except those committed for first degree murder, shall be: (1) Eligible for aftercare release without regard to | | the length of time the youth has been confined or whether the youth has served any minimum term imposed.
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| (2) Placed on aftercare release on or before his or
| | her 20th birthday or upon completion of the maximum term of confinement ordered by the court under Section 5-710 of the Juvenile Court Act of 1987, whichever is sooner.
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| (3) Considered for aftercare release at least 30 days
| | prior to the expiration of the first year of confinement and at least annually thereafter.
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| (b) Subsections (d) through (l) of this Section do not apply when a youth is released under paragraph (2) of subsection (a) of this Section or the youth's release is otherwise required by law or ordered by the court. Youth who have been tried as an adult and committed to the Department under Section 5-8-6 of this Code are only eligible for mandatory supervised release as an adult under Section 3-3-3 of this Code.
(c) The Department shall establish a process for deciding the date of release on aftercare for every youth committed to the Department of Juvenile Justice under Section 5-750 of the Juvenile Court Act of 1987. The process shall include establishing a target release date upon commitment to the Department, the regular review and appropriate adjustment of the target release date, and the final release consideration at least 30 days prior to the youth's target release date. The establishment, adjustment, and final consideration of the target release date shall include consideration of the following factors:
(1) the nature and seriousness of the youth's offense;
(2) the likelihood the youth will reoffend or will
| | pose a danger to the community based on an assessment of the youth's risks, strengths, and behavior; and
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| (3) the youth's progress since being committed to the
| | The target release date for youth committed to the Department for first degree murder shall not precede the minimum period of confinement provided in Section 5-750 of the Juvenile Court Act of 1987. These youth shall be considered for release upon completion of their minimum term of confinement and at least annually thereafter. The target release date for youth committed to the Department as a Habitual Juvenile Offender or Violent Juvenile Offender under Section 5-815 or 5-820 of the Juvenile Court Act of 1987 shall be extended by not less than 12 months.
(d) If the youth being considered for aftercare release has a petition or any written submissions prepared on his or her behalf by an attorney or other representative, the attorney or representative for the youth must serve by certified mail the State's Attorney of the county where the youth was prosecuted with the petition or any written submissions 15 days prior to the youth's target release date.
(e) In making its determination of aftercare release, the Department shall consider:
(1) material transmitted to the Department by the
| | clerk of the committing court under Section 5-750 of the Juvenile Court Act of 1987;
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| (2) the report under Section 3-10-2;
(3) a report by the Department and any report by the
| | chief administrative officer of the institution or facility;
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| (4) an aftercare release progress report;
(5) a medical and psychological report, if available;
(6) material in writing, or on film, video tape or
| | other electronic means in the form of a recording submitted by the youth whose aftercare release is being considered;
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| (7) material in writing, or on film, video tape or
| | other electronic means in the form of a recording or testimony submitted by the State's Attorney and the victim or a concerned citizen under the Rights of Crime Victims and Witnesses Act; and
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| (8) the youth's eligibility for commitment under the
| | Sexually Violent Persons Commitment Act.
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| (f) The prosecuting State's Attorney's office shall receive from the Department reasonable written notice not less than 30 days prior to the target release date and may submit relevant information by oral argument or testimony of victims and concerned citizens, or both, in writing, or on film, video tape or other electronic means or in the form of a recording to the Department for its consideration. The State's Attorney may waive the written notice of the target release date at any time. Upon written request of the State's Attorney's office, provided the request is received within 15 days of receipt of the written notice of the target release date, the Department shall hear protests to aftercare release. If a State's Attorney requests a protest hearing, the committed youth's attorney or other representative shall also receive notice of the request and a copy of any information submitted by the State's Attorney. This hearing shall take place prior to the youth's aftercare release. The Department shall schedule the protest hearing date, providing at least 15 days' notice to the State's Attorney. If the protest hearing is rescheduled, the Department shall promptly notify the State's Attorney of the new date.
(g) The victim of the violent crime for which the youth has been sentenced shall receive notice of the target release date as provided in paragraph (4) of subsection (d) of Section 4.5 of the Rights of Crime Victims and Witnesses Act.
(h) The Department shall not release any material to the youth, the youth's attorney, any third party, or any other person containing any information from the victim or from a person related to the victim by blood, adoption, or marriage who has written objections, testified at any hearing, or submitted audio or visual objections to the youth's aftercare release, unless provided with a waiver from that objecting party. The Department shall not release the names or addresses of any person on its victim registry to any other person except the victim, a law enforcement agency, or other victim notification system.
(i) Any recording considered under the provisions of paragraph (6) or (7) of subsection (e) or subsection (f) of this Section shall be in the form designated by the Department. The recording shall be both visual and aural. Every voice on the recording and person present shall be identified and the recording shall contain either a visual or aural statement of the person submitting the recording, the date of the recording, and the name of the youth whose aftercare release is being considered. The recordings shall be retained by the Department and shall be considered during any subsequent aftercare release decision if the victim or State's Attorney submits in writing a declaration clearly identifying the recording as representing the position of the victim or State's Attorney regarding the release of the youth.
(j) The Department shall not release a youth eligible for aftercare release if it determines that:
(1) there is a substantial risk that he or she will
| | not conform to reasonable conditions of aftercare release;
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| (2) his or her release at that time would deprecate
| | the seriousness of his or her offense or promote disrespect for the law; or
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| (3) his or her release would have a substantially
| | adverse effect on institutional discipline.
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| (k) The Department shall render its release decision and shall state the basis therefor both in the records of the Department and in written notice to the youth who was considered for aftercare release. In its decision, the Department shall set the youth's time for aftercare release, or if it denies aftercare release it shall provide for reconsideration of aftercare release not less frequently than once each year.
(l) The Department shall ensure all evaluations and proceedings under the Sexually Violent Persons Commitment Act are completed prior to any youth's release, when applicable.
(m) Any youth whose aftercare release has been revoked by the Prisoner Review Board under Section 3-3-9.5 of this Code may be rereleased to the full aftercare release term by the Department at any time in accordance with this Section. Youth rereleased under this subsection shall be subject to Sections 3-2.5-70, 3-2.5-75, 3-2.5-80, 3-2.5-90, 3-2.5-95, and 3-3-9.5 of this Code.
(n) The Department shall adopt rules regarding the exercise of its discretion under this Section.
(Source: P.A. 102-350, eff. 8-13-21.)
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730 ILCS 5/3-2.5-90 (730 ILCS 5/3-2.5-90) Sec. 3-2.5-90. Release to warrant or detainer. (a) If a warrant or detainer is placed against a youth by the court or other authority of this or any other jurisdiction, the Department of Juvenile Justice shall inquire before the youth is considered for aftercare release whether the authority concerned intends to execute or withdraw the process if the youth is released. (b) If the authority notifies the Department that it intends to execute the process when the youth is released, the Department shall advise the authority concerned of the sentence or disposition under which the youth is held, the time of eligibility for release, any decision of the Department relating to the youth and the nature of his or her adjustment during confinement, and shall give reasonable notice to the authority of the youth's release date. (c) The Department may release a youth to a warrant or detainer. The Department may provide, as a condition of aftercare release, that if the charge or charges on which the warrant or detainer is based are dismissed or satisfied, prior to the expiration of the youth's aftercare release term, the authority to whose warrant or detainer he or she was released shall return him or her to serve the remainder of his or her aftercare release term. (d) If a youth released to a warrant or detainer is thereafter sentenced to probation, or released on parole in another jurisdiction prior to the expiration of his or her aftercare release term in this State, the Department may permit the youth to serve the remainder of his or her term in either of the jurisdictions.
(Source: P.A. 99-628, eff. 1-1-17 .) |
730 ILCS 5/3-2.5-95 (730 ILCS 5/3-2.5-95) Sec. 3-2.5-95. Conditions of aftercare release. (a) The conditions of aftercare release for all youth committed to the Department under the Juvenile Court Act of 1987 shall be such as the Department of Juvenile Justice deems necessary to assist the youth in leading a law-abiding life. The conditions of every aftercare release are that the youth: (1) not violate any criminal statute of any | | jurisdiction during the aftercare release term;
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| (2) refrain from possessing a firearm or other
| | (3) report to an agent of the Department;
(4) permit the agent or aftercare specialist to visit
| | the youth at his or her home, employment, or elsewhere to the extent necessary for the agent or aftercare specialist to discharge his or her duties;
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| (5) reside at a Department-approved host site;
(6) secure permission before visiting or writing a
| | committed person in an Illinois Department of Corrections or Illinois Department of Juvenile Justice facility;
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| (7) report all arrests to an agent of the Department
| | as soon as permitted by the arresting authority but in no event later than 24 hours after release from custody and immediately report service or notification of an order of protection, a civil no contact order, or a stalking no contact order to an agent of the Department;
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| (8) obtain permission of an agent of the Department
| | before leaving the State of Illinois;
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| (9) obtain permission of an agent of the Department
| | before changing his or her residence or employment;
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| (10) consent to a search of his or her person,
| | property, or residence under his or her control;
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| (11) refrain from the use or possession of narcotics
| | or other controlled substances in any form, or both, or any paraphernalia related to those substances and submit to a urinalysis test as instructed by an agent of the Department;
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| (12) not frequent places where controlled substances
| | are illegally sold, used, distributed, or administered;
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| (13) not knowingly associate with other persons on
| | parole, aftercare release, or mandatory supervised release without prior written permission of his or her aftercare specialist and not associate with persons who are members of an organized gang as that term is defined in the Illinois Streetgang Terrorism Omnibus Prevention Act;
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| (14) provide true and accurate information, as it
| | relates to his or her adjustment in the community while on aftercare release or to his or her conduct while incarcerated, in response to inquiries by an agent of the Department;
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| (15) follow any specific instructions provided by the
| | agent that are consistent with furthering conditions set and approved by the Department or by law to achieve the goals and objectives of his or her aftercare release or to protect the public; these instructions by the agent may be modified at any time, as the agent deems appropriate;
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| (16) comply with the terms and conditions of an order
| | of protection issued under the Illinois Domestic Violence Act of 1986; an order of protection issued by the court of another state, tribe, or United States territory; a no contact order issued under the Civil No Contact Order Act; or a no contact order issued under the Stalking No Contact Order Act;
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| (17) if convicted of a sex offense as defined in the
| | Sex Offender Management Board Act, and a sex offender treatment provider has evaluated and recommended further sex offender treatment while on aftercare release, the youth shall undergo treatment by a sex offender treatment provider or associate sex offender provider as defined in the Sex Offender Management Board Act at his or her expense based on his or her ability to pay for the treatment;
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| (18) if convicted of a sex offense as defined in the
| | Sex Offender Management Board Act, refrain from residing at the same address or in the same condominium unit or apartment unit or in the same condominium complex or apartment complex with another person he or she knows or reasonably should know is a convicted sex offender or has been placed on supervision for a sex offense; the provisions of this paragraph do not apply to a person convicted of a sex offense who is placed in a Department of Corrections licensed transitional housing facility for sex offenders, or is in any facility operated or licensed by the Department of Children and Family Services or by the Department of Human Services, or is in any licensed medical facility;
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| (19) if convicted for an offense that would qualify
| | the offender as a sexual predator under the Sex Offender Registration Act wear an approved electronic monitoring device as defined in Section 5-8A-2 for the duration of the youth's aftercare release term and if convicted for an offense of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or ritualized abuse of a child when the victim was under 18 years of age at the time of the commission of the offense and the offender used force or the threat of force in the commission of the offense wear an approved electronic monitoring device as defined in Section 5-8A-2 that has Global Positioning System (GPS) capability for the duration of the youth's aftercare release term;
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| (20) if convicted for an offense that would qualify
| | the offender as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, refrain from communicating with or contacting, by means of the Internet, a person who is not related to the offender and whom the offender reasonably believes to be under 18 years of age; for purposes of this paragraph (20), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is not related to the offender if the person is not: (A) the spouse, brother, or sister of the offender; (B) a descendant of the offender; (C) a first or second cousin of the offender; or (D) a step-child or adopted child of the offender;
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| (21) if convicted under Section 11-6, 11-20.1,
| | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, consent to search of computers, PDAs, cellular phones, and other devices under his or her control that are capable of accessing the Internet or storing electronic files, in order to confirm Internet protocol addresses reported in accordance with the Sex Offender Registration Act and compliance with conditions in this Act;
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| (22) if convicted for an offense that would qualify
| | the offender as a sex offender or sexual predator under the Sex Offender Registration Act, not possess prescription drugs for erectile dysfunction;
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| (23) if convicted for an offense under Section 11-6,
| | 11-9.1, 11-14.4 that involves soliciting for a juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal Code of 2012, or any attempt to commit any of these offenses:
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| (A) not access or use a computer or any other
| | device with Internet capability without the prior written approval of the Department;
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| (B) submit to periodic unannounced examinations
| | of the youth's computer or any other device with Internet capability by the youth's aftercare specialist, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of the information, equipment, or device to conduct a more thorough inspection;
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| (C) submit to the installation on the youth's
| | computer or device with Internet capability, at the youth's expense, of one or more hardware or software systems to monitor the Internet use; and
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| (D) submit to any other appropriate restrictions
| | concerning the youth's use of or access to a computer or any other device with Internet capability imposed by the Department or the youth's aftercare specialist;
|
| (24) if convicted of a sex offense as defined in the
| | Sex Offender Registration Act, refrain from accessing or using a social networking website as defined in Section 17-0.5 of the Criminal Code of 2012;
|
| (25) if convicted of a sex offense as defined in
| | Section 2 of the Sex Offender Registration Act that requires the youth to register as a sex offender under that Act, not knowingly use any computer scrub software on any computer that the youth uses;
|
| (26) if convicted of a sex offense as defined in
| | subsection (a-5) of Section 3-1-2 of this Code, unless the youth is a parent or guardian of a person under 18 years of age present in the home and no non-familial minors are present, not participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, being employed as a department store Santa Claus, or wearing an Easter Bunny costume on or preceding Easter;
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| (27) if convicted of a violation of an order of
| | protection under Section 12-3.4 or Section 12-30 of the Criminal Code of 1961 or the Criminal Code of 2012, be placed under electronic surveillance as provided in Section 5-8A-7 of this Code; and
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| (28) if convicted of a violation of the
| | Methamphetamine Control and Community Protection Act, the Methamphetamine Precursor Control Act, or a methamphetamine related offense, be:
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| (A) prohibited from purchasing, possessing, or
| | having under his or her control any product containing pseudoephedrine unless prescribed by a physician; and
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| (B) prohibited from purchasing, possessing, or
| | having under his or her control any product containing ammonium nitrate.
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| (b) The Department may in addition to other conditions require that the youth:
(1) work or pursue a course of study or vocational
| | (2) undergo medical or psychiatric treatment, or
| | treatment for drug addiction or alcoholism;
|
| (3) attend or reside in a facility established for
| | the instruction or residence of persons on probation or aftercare release;
|
| (4) support his or her dependents;
(5) if convicted for an offense that would qualify
| | the youth as a child sex offender as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of 2012, refrain from communicating with or contacting, by means of the Internet, a person who is related to the youth and whom the youth reasonably believes to be under 18 years of age; for purposes of this paragraph (5), "Internet" has the meaning ascribed to it in Section 16-0.1 of the Criminal Code of 2012; and a person is related to the youth if the person is: (A) the spouse, brother, or sister of the youth; (B) a descendant of the youth; (C) a first or second cousin of the youth; or (D) a step-child or adopted child of the youth;
|
| (6) if convicted for an offense that would qualify as
| | a sex offense as defined in the Sex Offender Registration Act:
|
| (A) not access or use a computer or any other
| | device with Internet capability without the prior written approval of the Department;
|
| (B) submit to periodic unannounced examinations
| | of the youth's computer or any other device with Internet capability by the youth's aftercare specialist, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of the information, equipment, or device to conduct a more thorough inspection;
|
| (C) submit to the installation on the youth's
| | computer or device with Internet capability, at the youth's offender's expense, of one or more hardware or software systems to monitor the Internet use; and
|
| (D) submit to any other appropriate restrictions
| | concerning the youth's use of or access to a computer or any other device with Internet capability imposed by the Department or the youth's aftercare specialist; and
|
| (7) in addition to other conditions:
(A) reside with his or her parents or in a foster
| | (B) attend school;
(C) attend a non-residential program for youth; or
(D) contribute to his or her own support at home
| | (c) In addition to the conditions under subsections (a) and (b) of this Section, youths required to register as sex offenders under the Sex Offender Registration Act, upon release from the custody of the Department of Juvenile Justice, may be required by the Department to comply with the following specific conditions of release:
(1) reside only at a Department approved location;
(2) comply with all requirements of the Sex Offender
| | (3) notify third parties of the risks that may be
| | occasioned by his or her criminal record;
|
| (4) obtain the approval of an agent of the Department
| | prior to accepting employment or pursuing a course of study or vocational training and notify the Department prior to any change in employment, study, or training;
|
| (5) not be employed or participate in any volunteer
| | activity that involves contact with children, except under circumstances approved in advance and in writing by an agent of the Department;
|
| (6) be electronically monitored for a specified
| | period of time from the date of release as determined by the Department;
|
| (7) refrain from entering into a designated
| | geographic area except upon terms approved in advance by an agent of the Department; these terms may include consideration of the purpose of the entry, the time of day, and others accompanying the youth;
|
| (8) refrain from having any contact, including
| | written or oral communications, directly or indirectly, personally or by telephone, letter, or through a third party with certain specified persons including, but not limited to, the victim or the victim's family without the prior written approval of an agent of the Department;
|
| (9) refrain from all contact, directly or indirectly,
| | personally, by telephone, letter, or through a third party, with minor children without prior identification and approval of an agent of the Department;
|
| (10) neither possess or have under his or her control
| | any material that is sexually oriented, sexually stimulating, or that shows male or female sex organs or any pictures depicting children under 18 years of age nude or any written or audio material describing sexual intercourse or that depicts or alludes to sexual activity, including, but not limited to, visual, auditory, telephonic, or electronic media, or any matter obtained through access to any computer or material linked to computer access use;
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| (11) not patronize any business providing sexually
| | stimulating or sexually oriented entertainment nor utilize "900" or adult telephone numbers;
|
| (12) not reside near, visit, or be in or about parks,
| | schools, day care centers, swimming pools, beaches, theaters, or any other places where minor children congregate without advance approval of an agent of the Department and immediately report any incidental contact with minor children to the Department;
|
| (13) not possess or have under his or her control
| | certain specified items of contraband related to the incidence of sexually offending as determined by an agent of the Department;
|
| (14) may be required to provide a written daily log
| | of activities if directed by an agent of the Department;
|
| (15) comply with all other special conditions that
| | the Department may impose that restrict the youth from high-risk situations and limit access to potential victims;
|
| (16) take an annual polygraph exam;
(17) maintain a log of his or her travel; or
(18) obtain prior approval of an agent of the
| | Department before driving alone in a motor vehicle.
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| (d) The conditions under which the aftercare release is to be served shall be communicated to the youth in writing prior to his or her release, and he or she shall sign the same before release. A signed copy of these conditions, including a copy of an order of protection if one had been issued by the criminal court, shall be retained by the youth and another copy forwarded to the officer or aftercare specialist in charge of his or her supervision.
(e) After a revocation hearing under Section 3-3-9.5, the Department of Juvenile Justice may modify or enlarge the conditions of aftercare release.
(f) The Department shall inform all youth of the optional services available to them upon release and shall assist youth in availing themselves of the optional services upon their release on a voluntary basis.
(Source: P.A. 99-628, eff. 1-1-17 .)
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730 ILCS 5/3-2.5-100 (730 ILCS 5/3-2.5-100) Sec. 3-2.5-100. Length of aftercare release; discharge. (a) The aftercare release term of a youth committed to the Department under the Juvenile Court Act of 1987 shall be as set out in Section 5-750 of the Juvenile Court Act of 1987, unless sooner terminated under subsection (b) of this Section, as otherwise provided by law, or as ordered by the court. The aftercare release term of youth committed to the Department as a habitual or violent juvenile offender under Section 5-815 or 5-820 of the Juvenile Court Act of 1987 shall continue until the youth's 21st birthday unless sooner terminated under subsection (c) of this Section, as otherwise provided by law, or as ordered by the court. (b) Provided that the youth is in compliance with the terms and conditions of his or her aftercare release, the Department of Juvenile Justice may reduce the period of a releasee's aftercare release by 90 days upon the releasee receiving a high school diploma or upon passage of high school equivalency testing during the period of his or her aftercare release. This reduction in the period of a youth's term of aftercare release shall be available only to youth who have not previously earned a high school diploma or who have not previously passed high school equivalency testing. (c) The Department of Juvenile Justice may discharge a youth from aftercare release and his or her commitment to the Department in accordance with subsection (3) of Section 5-750 of the Juvenile Court Act of 1987, if it determines that he or she is likely to remain at liberty without committing another offense.
(d) Upon the discharge of a youth, the Department may
continue to provide services to the youth for up to 12 months
to allow the youth to participate in vocational,
rehabilitative, or supportive programs. The continuance of
services may be requested by the youth, the youth's parent or
guardian, or the Director of Juvenile Justice. (Source: P.A. 103-290, eff. 7-28-23.) |
730 ILCS 5/3-2.5-110 (730 ILCS 5/3-2.5-110) Sec. 3-2.5-110. State Compact Administrator. A State Compact Administrator for the Interstate Compact for Juveniles shall be appointed by the Governor. The Juvenile State Compact Administrator shall be a representative of the Illinois Department of Juvenile Justice and shall act as the day-to-day administrator for the Interstate Compact for Juveniles. The State Compact Administrator shall serve as the State's Commissioner to the Interstate Commission for Juveniles, as provided in Article III of the Compact. One Deputy State Compact Administrator from probation shall be appointed by the Supreme Court. A second Deputy State Compact Administrator shall be appointed by the Department of Human Services.
(Source: P.A. 95-937, eff. 8-26-08.) |
730 ILCS 5/Ch. III Art. 2.7
(730 ILCS 5/Ch. III Art. 2.7 heading)
ARTICLE 2.7. DEPARTMENT OF JUVENILE JUSTICE INDEPENDENT JUVENILE OMBUDSPERSON
(Source: P.A. 103-22, eff. 8-8-23.) |
730 ILCS 5/3-2.7-1 (730 ILCS 5/3-2.7-1) Sec. 3-2.7-1. Short title. This Article may be cited as the Department of Juvenile Justice Independent Juvenile Ombudsperson Law.
(Source: P.A. 103-22, eff. 8-8-23.) |
730 ILCS 5/3-2.7-5 (730 ILCS 5/3-2.7-5) (Text of Section before amendment by P.A. 103-397 ) Sec. 3-2.7-5. Purpose. The purpose of this Article is to create within the Department of Juvenile Justice the Office of Independent Juvenile Ombudsperson for the purpose of securing the rights of youth committed to the Department of Juvenile Justice, including youth released on aftercare before final discharge. (Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) (Text of Section after amendment by P.A. 103-397 ) Sec. 3-2.7-5. Purpose. The purpose of this Article is to create within the Department of Juvenile Justice the Office of Independent Juvenile Ombudsperson for the purpose of securing the rights of youth committed to the Department of Juvenile Justice and county-operated juvenile detention centers, including youth released on aftercare before final discharge. (Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; 103-605, eff. 7-1-24.) |
730 ILCS 5/3-2.7-10 (730 ILCS 5/3-2.7-10) (Text of Section before amendment by P.A. 103-397 ) Sec. 3-2.7-10. Definitions. In this Article, unless the context requires otherwise: "Department" means the Department of Juvenile Justice. "Immediate family or household member" means the spouse, child, parent, brother, sister, grandparent, or grandchild, whether of the whole blood or half blood or by adoption, or a person who shares a common dwelling. "Juvenile justice system" means all activities by public or private agencies or persons pertaining to youth involved in or having contact with the police, courts, or corrections. "Office" means the Office of the Independent Juvenile Ombudsperson. "Ombudsperson" means the Department of Juvenile Justice Independent Juvenile Ombudsperson. "Youth" means any person committed by court order to the custody of the Department of Juvenile Justice, including youth released on aftercare before final discharge. (Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.) (Text of Section after amendment by P.A. 103-397 ) Sec. 3-2.7-10. Definitions. In this Article, unless the context requires otherwise: "County-operated juvenile detention center" means any shelter care home or detention home as "shelter" and "detention" are defined in Section 1.1 of the County Shelter Care and Detention Home Act and any other facility that detains youth in the juvenile justice system that is specifically designated to detain or incarcerate youth. "County-operated juvenile detention center" does not include police or other temporary law enforcement holding locations. "Department" means the Department of Juvenile Justice. "Immediate family or household member" means the spouse, child, parent, brother, sister, grandparent, or grandchild, whether of the whole blood or half blood or by adoption, or a person who shares a common dwelling. "Juvenile justice system" means all activities by public or private agencies or persons pertaining to youth involved in or having contact with the police, courts, or corrections. "Office" means the Office of the Independent Juvenile Ombudsperson. "Ombudsperson" means the Department of Juvenile Justice Independent Juvenile Ombudsperson. "Youth" means any person committed by court order to the custody of the Department of Juvenile Justice or a county-operated juvenile detention center, including youth released on aftercare before final discharge. (Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; 103-605, eff. 7-1-24.) |
730 ILCS 5/3-2.7-15 (730 ILCS 5/3-2.7-15) Sec. 3-2.7-15. Appointment of Independent Juvenile Ombudsperson. The Governor shall appoint the Independent Juvenile Ombudsperson with the advice and consent of the Senate for a term of 4 years, with the first term expiring February 1, 2017. A person appointed as Ombudsperson may be reappointed to one or more subsequent terms. A vacancy shall occur upon resignation, death, or removal. The Ombudsperson may only be removed by the Governor for incompetency, malfeasance, neglect of duty, or conviction of a felony. If the Senate is not in session or is in recess when an appointment subject to its confirmation is made, the Governor shall make a temporary appointment which shall be subject to subsequent Senate approval.
The Ombudsperson may employ deputies to perform, under the direction of the Ombudsperson, the same duties and exercise the same powers as the Ombudsperson, and may employ other support staff as deemed necessary. The Ombudsperson and deputies must: (1) be over the age of 21 years; (2) have a bachelor's or advanced degree from an | | accredited college or university; and
|
| (3) have relevant expertise in areas such as the
| | juvenile justice system, investigations, or civil rights advocacy as evidenced by experience in the field or by academic background.
|
|
(Source: P.A. 103-22, eff. 8-8-23.)
|
730 ILCS 5/3-2.7-20 (730 ILCS 5/3-2.7-20) (Text of Section before amendment by P.A. 103-397 ) Sec. 3-2.7-20. Conflicts of interest. A person may not serve as Ombudsperson or as a deputy if the person or the person's immediate family or household member: (1) is or has been employed by the Department of | | Juvenile Justice or Department of Corrections within one year prior to appointment, other than as Ombudsperson or Deputy Ombudsperson;
|
| (2) participates in the management of a business
| | entity or other organization receiving funds from the Department of Juvenile Justice;
|
| (3) owns or controls, directly or indirectly, any
| | interest in a business entity or other organization receiving funds from the Department of Juvenile Justice;
|
| (4) uses or receives any amount of tangible goods,
| | services, or funds from the Department of Juvenile Justice, other than as Ombudsperson or Deputy Ombudsperson; or
|
| (5) is required to register as a lobbyist for an
| | organization that interacts with the juvenile justice system.
|
| (Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24.)
(Text of Section after amendment by P.A. 103-397 )
Sec. 3-2.7-20. Conflicts of interest. A person may not serve as Ombudsperson or as a deputy if the person or the person's immediate family or household member:
(1) is or has been employed by the Department of
| | Juvenile Justice, Department of Corrections, or a county-operated juvenile detention center within one year prior to appointment, other than as Ombudsperson or Deputy Ombudsperson;
|
| (2) participates in the management of a business
| | entity or other organization receiving funds from the Department of Juvenile Justice or a county-operated juvenile detention center;
|
| (3) owns or controls, directly or indirectly, any
| | interest in a business entity or other organization receiving funds from the Department of Juvenile Justice or a county-operated juvenile detention center;
|
| (4) uses or receives any amount of tangible goods,
| | services, or funds from the Department of Juvenile Justice or a county-operated juvenile detention center, other than as Ombudsperson or Deputy Ombudsperson; or
|
| (5) is required to register as a lobbyist for an
| | organization that interacts with the juvenile justice system.
|
| (Source: P.A. 103-22, eff. 8-8-23; 103-397, eff. 1-1-25; 103-605, eff. 7-1-24.)
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